Ordinance 2007-04
ORDINANCE NO. 07-~
ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRffiED REAL PROPERTY FROM CLUB
ESTATES PLANNED UNIT DEVELOPMENT (PUD) TO
HOMES OF ISLANDIA RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) BY REMOVING 99.3 ACRES FROM
THE CLUB ESTATES PUD, REDUCING THE NUMBER OF
ALLOWABLE DWELLING UNITS FROM 49 TO 28,
REMOVING A RECREATION TRACT AND THE
REQUIREMENT FOR A COMMON TRASH COLLECTION
AREA. THE SUBJECT PROPERTY IS 155.3:t ACRES
LOCATED WEST OF COLLIER BOULEVARD (C.R. 951),
APPROXIMATELY 1 MILE NORTH OF RATTLESNAKE-
HAMMOCK ROAD (C.R. 864) IN SECTION 10, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER
99-31, THE FORMER CLUB ESTATES PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Michael Fernandez, AICP, of Planning Development Inc., representing The
Club Estates II, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 10,
Township 50 South, Range 26 East, Collier County, Florida, is changed from the Club Estates
Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development
(RPUD), in accordance with the PUD Document, attached hereto as Exhibit "A", which is
incorporated herein and by reference made part hereof. The appropriate zoning atlas map or
maps, as described in Ordinance Number 04-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 99-31, known as the Club Estates PUD, adopted on May 11, 1999 by
the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
Page 1 of 2
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this..d!1 day of -sA.uI/.J\ R'f ,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
,J'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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JAMES COLETTA, CHAIRMAN
BY:
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!\tw't: . ,~:to'()J". ~eputy Clerk
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. Approved as to form and
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, legal s':lfficiency
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Marjo' M. Studen -Stirling ,- - - --0
Assistant County Attorney
PUDA-2006-AR-9576/MZ
This ordinance filed with the
~~!,tory of Gtatels Office the
S!!'day of a>lU4A1 '2lOO1
end ock.nowledgeMet;1~, pi that
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Page 2 of 2
ORIGINAL DOCUMENT DATE 03/01/06
REVISION DATE 01/12/07
DATE FILED
DATE REVIEWED BY CCPC
DATE APPROVED BYBCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
HOMES OF ISLANDIA
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
PREPARED FOR:
THE CLUB ESTATES II, LLC
2033 TRADE CENTER WAY
NAPLES, FLORIDA 34109
PREPARED BY:
Michael R. Fernandez, AICP
of
Planning Development Incorporated
5133 Castello Drive, Suite 2
Naples, Florida 34103
Exhibit "A"
1-23-2007
2007-04
1999-31
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLE
STATEMENT OF COMPLIANCE
SECTION
SECTION II
SECTION III
SECTION IV
SECTION V
PROPERTY OWNERSHIP AND DESCRIPTION
LOW DENSITY RESIDENTIAL AREA PLAN
COMMONS AREA PLAN
CONSERVATION/PRESERVE AREA PLAN
DEVELOPMENT COMMITMENTS AND DEVIATIONS
PAGE
ii
LIST OF EXHIBITS AND TABLES
EXHIBIT A PUD Master Plan
STATEMENT OF COMPLIANCE
The development of approximately 155.3 acres of property in Collier County, as a
Residential Planned Unit Development to be known as HOMES OF ISLANDIA will be in
compliance with the goals, objectives and policies of Collier County as set forth in the
Growth Management Plan. The residential and accessory facilities of HOMES OF
ISLANDIA RPUD will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives of each of the elements
of the Growth Management Plan for the following reasons:
Residential Proiect
1. The subject property is within the Urban Residential Land Use Designation
as identified on the Future Land Use Map of the Future Land Use
Element.
2. The project development is compatible and complementary to existing and
future surrounding land uses as required by Policy 5.4 of the Future Land
Use Element.
3. Improvements are planned to be in compliance with the Land
Development Code as set forth by the Future Land Use Element.
4. The project development will result in an efficient and economical
extension of community facilities and services as required by the Future
Land Use Element.
5. The project development is planned to incorporate natural systems for
water management in accordance with their natural functions and
capabilities as required by Objective 1.5 of the Drainage Sub-Element of
the Public Facilities Element.
6. The Residential Planned Unit Development includes open spaces and
natural features which are preserved from future development in order to
enhance their natural functions and to serve as project amenities.
7. The projected gross density of 0.18 d .u. per acre is in compliance with the
Future Land Use Element of Growth Management Plan based on the
following relationships to required criteria:
Base Density
Traffic Congestion Area
No Bonus requested +
Eligible Density
Proposed Density
4.0 DU/A
0.0 DU/A
0.0 DU/A
4.0 DU/A
0.18 DU/A (28 DUs / 155.3 acres)
ii
SECTION I
Legal Description
1.1 LEGAL DESCRIPTION
The subject property being 155.3 acres, is described as:
The South one half of the South one half of Section 10, Township 50 South,
Range 26 East, Collier County, Florida, LESS AND EXCEPT the East 125.00
feet for County right-of-way and/or Utility Easements, as appear in those certain
deeds and instruments recorded at O.R. Book 1952, Page 2219.
1.2 PROJECT DESCRIPTION
The completed project will be a private gated community consisting of a
maximum of 28 residential lots and two interconnected lakes located within a
common preserve. The lots and lakes are located interior to a perimeter access
road. Each lot will have a permanent concrete block or stone retaining wall
surrounding the lot and driveway.
1.3 SHORT TITLE
This Ordinance shall be known and cited as the "HOMES OF ISLANDIA RPUD."
1-1
SECTION II
LOW DENSITY RESIDENTIAL AREA PLAN
2.1. PURPOSE
The purpose of this Section is to identify specific development standards for
areas designated on Exhibit "A" as Tract ilL", Low Density Residential.
2.2 MAXIMUM DWELLING UNITS
Tract ilL" - 28 units
2.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Principal Uses:
1. Single family dwelling unit
2. On-site sewage treatment plant/facilities (see Section 3.5)
B. Accessory Uses:
1. Customary accessory uses and structure, including private
garages.
2. Common recreation amenities.
3. Detached guest houses.
4. Retained native vegetation.
2.4 DEVELOPMENT STANDARDS
A. GENERAL:
All yards and setbacks shall be in relation to the individual lot boundaries,
except as otherwise provided.
B. MINIMUM LOT AREA: 20,000 square feet.
11-1
C. MINIMUM LOT WIDTH:
The minimum lot width measurement shall start approximately 50 feet
back from the right-of-way and shall not include the narrow driveway
portion of the lot.
1. Corner Lots - 100 feet
2. Interior Lots - 100 feet
D. MINIMUM LOT FRONTAGE:
1. 30 feet, measured at the right-of-way line.
E. MINIMUM YARDS:
It is anticipated that the residential lots will be uniquely shaped and that no
lots will share a common lot line. Each lot will be separated by a Common
Area buffer averaging 80 feet in width. Therefore, the minimum side and
rear yard of zero (0') feet is justified.
1. Front Yard: 50 feet from right-of-way.
2. Side Yard: 0 feet
3. Rear Yard: 0 feet
4. Front yard setbacks shall be measured as follows:
(a) If a lot or parcel is served by a public or private right-of-way,
setback is measured from the adjacent right-of-way line,
even if the lot or parcel is liT" or flag shaped.
(b) If a lot or parcel is served by a non-platted private drive,
setback is measured from the back of curb or edge of
pavement.
(c) If a lot or parcel is served by a platted private drive, setback
is measured from the road easement or property line.
F. MINIMUM FLOOR AREA:
1. 3,000 square feet
11-2
G. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY
STRUCTURES:
1 . 1 0 feet
H. MAXIMUM HEIGHT:
1. Principal Structure - 50 feet and 3 stories above the minimum base
flood elevation.
2. Accessory Structure - 35 feet and 2 stories above the minimum
base flood elevation.
11-3
SECTION III
COMMONS AREA PLAN
3.1. PURPOSE
The purpose of this Section is to set forth the development plan and development
standards for the area designed as Tract "0", Commons Area/Conservation Area
on the RPUD Master Development Plan, Exhibit "A". The primary function and
purpose of these Tracts will be to provide aesthetically pleasing open areas and
recreational facilities. Except in areas to be used for water impoundment and
principal or accessory use areas, all natural trees and other vegetation as
practicable shall be protected and preserved.
3.2. USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for other than the following:
A. Principal Uses:
1. Lakes.
2. Open spaces/nature preserves (Conservation Area).
3. Pedestrian and bicycle paths or other facilities constructed for
purposed of access to or passage through the common areas.
4. Small docks, piers or other such facilities constructed for purposes
of lake recreation for residents of the project.
B. Accessory Uses:
1. Small enclosures or other structures constructed for purposes of
maintenance, storage, recreation or shelter with appropriate
screening and landscaping.
3.3. DEVELOPMENT REGULATIONS
A. Overall site design shall be harmonious in terms of landscaping, enclosure
of structures, location of access streets and location and treatment of
buffer areas.
B. Buildings shall be set back a minimum of fifty (50) feet abutting residential
districts and a landscaped and maintained buffer shall be provided.
111-1
C. Lighting facilities shall be arranged in a manner which will protect
roadways and neighboring properties from direct glare or other
interference.
D. A site development plan meeting the requirements of the LDC shall be
required.
E. MAXIMUM HEIGHT:
1. Principal Structure: 30 feet.
2. Accessory Structure: 30 feet.
111-2
SECTION IV
CONSERV A TION/PRESERVE AREA PLAN
4.1. PURPOSE
Conservation/Preserve Area - The purpose is to preserve and protect native
vegetation naturally functioning habitat in their natural state.
4.2. USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land
used, in whole or in part, for other than the following, subject to regional state
and federal permits when required;
A. Principal Uses:
1. Open spaces/nature preserves.
2. Boardwalks subject to appropriate approvals by permitting
agencies.
3. Perimeter security fences or privacy walls may be eight feet high
and shall be placed in areas with the least impact to the
conservation areas, such as along the private road which is the
most disturbed or in areas of least impact to native plants and
naturally functioning habitats.
4. Native vegetation landscaping.
5. Permitted mitigation activities.
IV-1
SECTION V
DEVELOPMENT COMMITMENTS AND DEVIATIONS
5.1 DEVELOPMENT COMMITMENTS
A. DEVELOPER CONTRIBUTIONS
1. The developer shall provide a non-exclusive 50' X 50' easement at
the southwest corner of their project subject to a conservation
preservation easement to multiple jurisdictional agencies.
5.2 DEVIATIONS
A. ENGINEERING
1. Grassed slopes of 3H:1V may be used for berm heights to 4 feet
throughout the project based on the construction plans approved as
part of the SFWMD, ERP, and ACOE Dredge-Fill Permits. Berms
greater that 4 feet in height shall use slopes no greater that 4H: 1 V.
B. TRANSPORTATION
1. A deviation from LDC requirements for RPUD annual monitoring
reports. The developer, in lieu of paying for annual traffic counts at
the project accesses, shall make a single payment in the amount of
$3,600 to mitigate the need for annual counts. Payment to be made
within sixty (60) days of Ordinance approval date.
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PLANNING DEVELOPMENT INCORPORA TED
DaELOPMENT CONSUL rANTS. ENGINEERS_ PlANNERS ANO LANDSCAPE ARCHITECTS
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NAPtf5, Fl.ORfDA
EXHIBIT '~"
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-04
Which was adopted by the Board of County Commissioners
on the 23rd day of January, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of February, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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By: Ann Jennejohn,
Deputy Clerk