Ordinance 99-03 ORDINANCE NO. 99-3
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER
8508S; BY CHANGING THE ZONING CLASSIFICATION OF~
THE HEREIN DESCRIBED REAL PROPERTY FROM ~'A" AND
"A-sT" AGRICULT E TOPU ED UNIT
DEVELOPMENT KNOWN AS GLEN EDEN ON THE BAY FOR A
MAXIMUM OF 94 SINGLE FAMILY DWELLING UNITS,
PROPERTY LOCATED ON THE WEST SIDE OF VANDERBILT~27i
DRIVE (C.R 901) APPROXIMATELY M MILE NORTH OF '
WIGGINS PASS ROAD (C.R. 888), LOCATED IN SECTIO~
8, ToWNSHmP SOUTH, RANGE EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 40.93+ ACRES; AN~~
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Mark W. Minor of Q. Grady Minor & Associates,
representing Glen Eden on the Bay Limited Partnership, 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:
SECTION ONE:
The zoning classification of the herein described real
property located in Section 8, Township 48 South, Range 25 East,
Collier County, Florida, is changed from ~A" and "A-ST" Rural
Agriculture to "PUD" Planned Unit Development in accordance with
the Glen Eden on the Bay PUD Document, attached hereto as Exhibit
"A" and incorporated by reference herein. The Official Zoning
Atlas Map Number 8508S, as described in Ordinance Number 91-102,
the Collier County Land Development Code, is hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
-1~
PASSED AND DULY ADOPTED by the Board of County Commissioners
1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,, ."~:,i 2t'
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~'" ' "TEST~~ BY:
;DWIGHT-'E% BRdGK,~=~Clerk
and Legal 'Sufficiency end
Mar~ o~i& M. Student t:.;.,~,~ ~,-~
Assistant County Attorney
PUD-98-9 ORDINANCE/
-2-
GLEN EDEN ON THE BAY
A
PLANNED UNIT DEVELOPMENT
Regulations and Supporting Master Plan
Governing the Glen Eden On The Bay PUD A Planned
Unit Development Pursuant to Provisions of
The Collier County Land Development Code
Prepared For:
Glen Eden On The Bay, L.P.
14510 Vanderbilt Drive
Naples, Florida 34110
Prepared By:
Bob Thinnes, AICP
Q. Grady Minor and Associates, P.A.
Civil Engineers · Land Surveyors · Planners
3800 Via Del Rey
Bonita Springs, Florida 34134
Date Filed 7/16/98
Date Revised 11/23/98
Date Approved by BCC
ORDINANCE NUMBER
EXHIBIT "A"
TABLE OF CONTENTS
Statement of Compliance i
SECTION 1 Property Ownership & Description 1
SECTION 2 Project Development Requirements 3
SECTION 3 Residential Plan 7
SECTION 4 Development Commitments 10
SECTION 5 Preserve Area 11
SECTION 6 Development Commitments 12
EXHIBIT A Master Plan
F:GE.I-PUD
STATEMENT OF COMPLIANCE
The development of approximately 40.93 + acres of property in Collier County, as a Residential
Planned Unit Development to be known as Glen Eden On The Bay PUD, will be in compliance
with the goals, objectives and policies of Collier County as set forth in the Growth Management
Plan. The project 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 Project
1. The subject property is within the Urban Residential Land Use Designation as
identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and
Policy 5.3 of the Future Land Use Element.
2. The subject property 's location in relation to existing or proposed community
facilities and services permits the development's residential density as required
in Objective 2 of the Future Land Use Element.
3. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
4. Improvements are planned to be in compliance with applicable forthcoming land
development regulations as set forth in Objective 3 of the Future Land Use
Element.
5. The project development will result in an efficient and economical extension of
community facilities and services as required in Policies 3.1 .H and L of the
Future Land Use Element,
6. The project development is planned to protect the function of natural drainage and
recharge systems as required by Objective 1.5 of the Drainage Sub-Element of
the Public Facilities Element.
7. The projected density of 2.3 dwelling units 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: 4 dwelling units per acre
8. All final local development orders for this project are subject to the Collier
County Adequate Public Facilities Ordinance.
(i)
SECTION I
PROPERTY OWNERSHIP AND DESCRIFrlON
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property,
and to describe the existing conditions of the property proposed to be developed under
the project name of Glen Eden On The Bay PUD.
1.2 LEGAL DESCRIFFION
PROPERTY DESCRIFFION
The North-half (Nl,~) of the South-half (S '/~) of the Southeast quarter (SE¼) of Section
8, Township 48 South, Range 25 East, Collier County, Florida, (less and except the EaSt
50 feet thereof).
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Glen Eden On The Bay, L.P.,
14510 Vanderbilt Drive, Naples, Florida 34110.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located in the SE 1/4 of Section 8, Township 48 South, Range
25 East, Collier County, Florida. The property is currently vacant and located
on the west side of Vanderbilt Road approximately 3/4 mile north of Wiggins
Pass Road.
B. The zoning classification of the subject property prior to the date of this approved
PUD Document was A (Agriculture).
1.5 PHYSICAL DESCRIFrION
The 41.0+ acres Glen Eden on the Bay parcel includes 29.6:i: acres of uplands and 11.4
acres of wetlands. The site's topography and surface flow generally run down hill to the
west. The eastern three-quarters of the site is uplands and consists of a combination of
habitat types which includes rosemary scrub, xeric oak scrub, scrubby fiatwoods, and
live oak forest. The western one-quarter of the parcel quickly transitions into the
intercoastal waters which consists of four habitat types. These types include, from east
to west: bay swamp forest, salt marsh, disturbed areas and finally mangrove forests.
Water management for the project is planned to be lake retention.
Elevations within the project site range from 3.7 to 12.7 feet NGVD, 1929. The
property is located within Flood Zone AE, having a base fiood elevation of 11' and 12',
per the Federal Emergency Management Agency Flood Insurance Rate Map//120067
0187 E, dated August 3, 1992.
The soil types on the site are Myakka fine sand, Satellite fine sand and Durbin muck.
1.6 PROJECT DESCRIIvFION
The project will be a high quality residential community with a maximum of 94 single
family lots.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Glen Eden On The Bay PUD, Planned
Unit Development Ordinance".
(2)
SECTION 2
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of
the tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of Glen Eden On The Bay PUD shall be in
accordance with the contents of this document, PUD-Planned Unit Development
District and other applicable sections and parts of the Collier County Land
Development Code and Growth Management Plan in effect at the time of building
permit application. Where these regulations fail to provide developmental
standards then the provisions of the most similar district in the Collier County
Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the
time of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of Glen Eden On The Bay PUD shall become part of the
regulations which govern the manner in which the PUD site may be developed.
D. Unless modified, waived or excepted by this PUD, the provisions of the Collier
County Land Development Code where applicable remain in full force and effect
with respect to the development of the land which comprises this PUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities Section of the Collier County Land Development Code at the earliest
or next to occur of either final SDP approval, final plat approval or building
permit issuance applicable to this development.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan is iljustrated graphically by Exhibit "A" , PUD Master
Plan. The project shall have a maximum of 94 single family lots, clubhouse area,
water management lakes and native preserve area.
(3)
TYPE UNITS/SQ, FT? ACREAGE
Single Family Lots 94 18.0+ Acres
Internal Roads 4.5 + Acres
Lakes 5.3 + Acres
Conservation Area 12.1 + Acres
Clubhouse Area 1.0 + Acres
TOTAL 40.9 + Acres
B. Areas iljustrated as lakes by Exhibit "A " shall be constructed as lakes or, upon
approval, pans thereof may be constructed as shallow, intermittent wet and dry
depressions for water retention purposes. Such areas, lakes and intermittent wet
and dry areas shall be in the same general configuration and contain the same
general acreage as shown by Exhibit "A" . Minor modification to all tracts, lakes
or other internal boundary may be permitted at the time of Preliminary
Subdivision Plat or Site Development Plan approval, subject to the provisions of
Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County Land Development
Code or as otherwise permitted by this PUD document.
C. In addition to the various areas and specific items shown in Exhibit "A" , such
easements as necessary (utility, private, semi-public, etc.) shall be established
within or along the various tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of 94 single family residential dwelling units shall be constructed in the total
project area.
The gross project area is 40.93 + acres. The gross project density will be a maximum
of 2.3 units per acre.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or pan of the
PUD, final plans of all required improvements shall receive approval of the appropriate
Collier County governmental agency to insure compliance with the PUD Master Plan,
the Collier County Subdivision Code and the platting laws of the State of Florida.
B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if
applicable shall be submitted for the entire area covered by the PUD Master Plan. Any
division of property and the development of the land shall be in compliance with Division
3.2 of the Collier County Land Development Code, and the platting laws of the State of
Florida.
(4)
C. The provisions of Division 3.3 of the Collier County Land Development Code when
applicable shall apply to the development of all platted tracts, or parcels of land as
provided in said Division prior to the issuance of a building permit or other development
order.
D. The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be required to
submit and receive approval of a Preliminary Subdivision Plat in conformance with
requirements of Division 3.2 of the Collier County Land Development Code prior to the
submittal of construction plans and a final plat for any portion of the tract or parcel.
E. Appropriate instruments will be provided at the time of infrastructural improvements
regarding any dedications and method for providing perpetual maintenance of common
facilities.
2.6 MODEL HOMES AND SALES FACILITIES
Model homes/model home centers including sales center shall be permitted in conjunction
with the promotion of the development subject to the following:
a. One "wet" and four "dry" models may be constructed prior to recording of a plat.
Location is limited to future, platted single family lots. All permits for models
must be applied for by project owner.
b. The models permitted as "dry models" must obtain a conditional certificate of
occupancy for model purposes only. The "wet" model may not be occupied until
a permanent certificate of occupancy is issued.
c. The model ("wet model") utilized as "sales offices" must obtain approval by and
through the Site Development Plan process.
d. Prior to the recording of any plats, metes-and bounds legal descriptions shall be
provided to and accepted by Collier County as sufficient for building permit
issuance. Said metes and bounds legal descriptions must meet proposed plat
configurations and all models constructed pursuant hereto shall conform to
applicable minimum square footages, setbacks, and the like as set forth herein.
e. Access shall be provided to each "dry" model from the "wet" model. Access
shall be for pedestrian traffic only, no paved road will be allowed. Access to the
"wet" model shall be provided by a paved road or temporary driveway and shall
have a supporting parking lot.
f. Sales, marketing and administrative functions are permitted to occur in designated
"wet" model homes within the project only as provided herein.
(s)
g. The "wet" model may be served by a temporary utility system with ultimate
connection to the central system. Interior fire protection facilities in accordance
with NFPA requirements are required unless a permanent water system is
available. A water management plan must be provided which accommodates the
runoff from the model home, parking, access road/driveway and other impervious
surfaces. The system shall be designed and constructed so that it is integrated
with the master system for the entire development.
2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code, Section 2.7.3.5.
2.8 ASSOCIATION OF PROPERTY OW~NERS FOR COMMON AREA
MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenifies whose
ownership and maintenance responsibility is a common interest to all of the subsequent
purchasers of property within said development in which the common interest is located,
that developer entity shall provide appropriate legal instruments for the establishment of
a Property Owners' Association whose function shall include provisions for the perpetual
care and maintenance of all common facilities and open space subject further to the
provisions of the Collier County Land Development Code, Section 2.2.20.3.8.
(6)
SECTION 3
RESIDENTIAL PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated on Exhibit "A" as Tracts A, B, C, D, Residential.
3.2 MAXIMUM DWELLING UNITS
The maximum number of dwelling units allowed within the PUD shall be as follows:
TRACT A: 12
TRACT B: 28
TRACT C: 26
TRACT D: 28
TOTAL 94
3.3 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
B. Accessory Uses:
(1) Customary accessory uses and structures, including private garages.
(2) Clubhouse.
(3) Temporary sales trailer.
(4) Model units, model center.
(5) Gatehouse and entrance features.
(6) Any other accessory use deemed compatible by the Development Services
Director.
3.4 DEVELOPMENT STANDARDS
A. The following sets forth the development standards for the single family
residential lots within the Glen Eden On The Bay PUD. All setbacks are
measured from the property line of the individual lot.
(7)
B.MINIMUM LOT AREA
5,000 square feet.
C. MINIMUM LOT WIDTH
(1) Comer Lots - 55 feet
(2) Interior Lots - 50 feet
D.MINIMUM YARDS
(1) Front Yard - 20 feet.
(10' on comer lots for yard not containing a driveway)
(2) Side Yard - 5 feet.
(3) Rear Yard - 20 feet.
(4) Rear Yard (Screen Enclosure) - 5 feet.
(5) Rear Yard (Pool) - 5 feet.
E. MINIMUM FLOOR AREA
(1) 1,200 square feet
F. Off-STREET PARKING AND LOADING REQUIREMENTS
As required by Division 2.3 of the Collier County Land Development Code in
effect at the time of building permit application.
G. MAXIMUM HEIGHT
(1) Principal Structure - 35 feet and 2 stories above the minimum base flood
elevation.
(2) Accessory Structure - 25 feet and 1 story above the minimum base flood
elevation.
(8)
H. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
If after consideration of fill activities on those buildable portions of the project
site are such that there is a surplus of earthen material, then its off-site disposal
is also hereby permitted subject to the following conditions.
1. Excavation activities shall comply with the definition of a "development
excavation" or "commercial excavation permit" pursuant to Division 3.5
of the Land Development Code whereby off-site removal shall not be
limited.
2. All other provisions of said Division 3.5 are applicable.
(9)
SECTION 4
CLUBHOUSE AREA PLAN
4.1 PURPOSE
The purpose of this Section is to set forth the development plan and development
standards for the area designed as Tract R, Clubhouse Area on the PUD Master
Development Plan, Exhibit "A". The primary function and purpose of this Tract will
be to provide aesthetically pleasing open area and recreational facilities.
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:
A. Principal Use:
1. Clubhouse.
2. Open Space.
3. Shuffleboard courts, tennis courts, swimming pools and other types of
facilities intended for outdoor recreation.
4.3 DEVELOPMENT REGULATIONS
A. Overall site design shall be harmonious in terms of landscaping, enclosure of
structures, location of access streets and parking areas and location and treatment
of buffer areas.
B. Buildings shall be setback a minimum of twenty-five (25) feet abutting adjacent
residential districts.
C. Lighting facilities shall be arranged in a manner which will protect neighboring
properties from direct glare or other interference.
D. MAXIMUM HEIGHT
1 Principal Structure - 35 feet.
E. MINIMUM OFF-STREET PARKING AND LOADING
As required by Division 2.3 of the Land Development Code in effect at time of
building permit application.
(lo)
SECTION
PRESERVE AREA
5.1 PURPOSE
Preserve Area - The purpose is to preserve and protect vegetation and naturally
functioning habitat such as wetlands in their natural state.
5.2 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. Any other use deemed compatible by the Planning Services Director.
(11)
SECTION 6
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
6.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site Development Plans,
Final Subdivision Plans and all State and local laws, codes and regulations applicable to
this PUD. Except where specifically noted or stated otherwise, the standards and
specifications of the Land Development Code shall apply to this project even if the land
within the PUD is not to be platted. The developer, his successors and assigns, shall be
responsible for the commitments outlined in this document.
The developer, his successor or assignee, shall follow the Master Plan and the
regulations of the PUD as adopted and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition any successor or assignee in title
is subject to any commitments within this agreement.
6.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan iljustrates the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries or special land
use boundaries shall not be construed to be final and may be varied at any
subsequent approval phase such as final platting or site development plan
approval. Subject to the provisions of Section 2.7.3.5 of the Land Development
Code amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas in the project.
6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
This PUD shall be subject to the Sunset Provisions, Section 2.7.3.4 of the Land
Development Code.
6.5 TRANSPORTATION
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
Arterial level street lighting at the project entrance shall be provided by the developer
prior to the issuance of any certificate of occupancy.
6.6 WATER MANAGEMENT
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
1. Water Management design and construction shall conform to Subsection
3.3.5.:5.5.4. of the Collier County Land Development Code.
2. A copy of the SFWMD Permit or Early Work Permit with staff report is required
prior to construction plan approval.
3. An Excavation Permit will be required for the proposed lake(s) in accordance
with Division 3.5 of the Land Development Code and SFWMD Rules.
6.7 UTILITIES
Water distribution, sewage collection and transmission and interim water and/or sewage
treatment facilities to serve the project are to be designed, constructed, conveyed, owned
and maintained in accordance with Collier County Ordinance No. 88-76, as amended and
other applicable County rules and regulations.
6.8 ENGINEERING
The development of this PUD Master shall be subject to and governed by the following
conditions:
1. This project shall be required to meet all County Ordinances in effect at the time
final construction documents are submitted for development approval.
2. Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County Land Development Code,
Division 3.2 Subdivisions.
3. Offsite removal of excavated material conforming to the "commercial excavation"
provisions of Division 3.5 is permitted.
6.9 ENVIRONMENTAL
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the
course of site clearing, excavation or other construction activity a historic or
archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier
County Code Enforcement Department contacted.
2. All approved Agency (SFWMD, ACOE, FGFWFC) permits shall be submitted
prior to any final development order approval (Plat/Construction Plan, SDP).
3. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be recorded on the plat with
protective covenants per or similar to Section 704.06 of the Florida Statutes.
Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3. of the LDC.
4. Buffers shall be provided around wetlands, extending at least fifteen (15) feet
landward from the edge of wetland preserves in all places and averaging twenty-
five (25) feet from the landward edge of wetlands. Where natural buffers are not
possible, structural buffers shall be provided in accordance with the State of
Florida Environmental Resources Permit Rules and be subject to review and
approval by Current Planning Environmental Staff.
5. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservation areas, shall be submitted
to Current Planning Environmental Review Staff for review and approval prior
to final site plan/construction plan approval. A schedule for exotic removal
within all preservation areas, shall be submitted with the above mentioned plan.
6. Environmental permitting shall be in accordance with the state of Florida
Environmental Resource Permit Rules and be subject to review and approval by
Current Planning Environmental Review Staff. Removal of exotic vegetation
shall not be counted towards mitigation for impacts to Collier County
jurisdictional wetlands.
7. A gopher tortoise relocation/management plan shall be submitted for review and
approval at the time of SDP or construction plan submittal. The approved
language shall be added to the Site Development Plan or Construction Plan. Off-
site relocation may be required if the applicant cannot provide adequate habitat
for on-site relocation.
F:GE~ .PUD (14)
PUD
J~ICAL LOT SEmACKS ~OAD SECTION 'A' - 'A'
LANbSCAPE BUFFER T fPE 'B' ENH~CED UPLAND
A ~ .... -
~) ~ ~. s~~. ~ ~ ~ PRO.CT SUMMARY
· , ~~~~ "mm ~ ~ " LAKE ~CTI~
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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 copy of:
ORDINANCE NO. 99-3
Which was adopted by the Board of County Commissioners on the
26th day of January, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 1st day of December,
1998.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board
Deputy Clerk