Ordinance 98-028 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
NUMBERED 8510N BY CH~GING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS GADALETA PUD, FOR
PROPERTY LOCATED ON THE WEST SIDE OF OLD
TAMIAMI TRAIL NORTH/OLD U.S 41 NORTH (C.R.
867) AND IMMEDIATELY CONTIGUOUS TO THE LEE
COUNTY BOUNDARY LINE, IN SECTION 10,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 19.3 ACRES
MORE OR LESS; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 88-50, AS AMENDED, THE
FORMER GADALETA PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Timothy W. Ferguson and Domenico Gadaleta, representing SJG
Land Trust, 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 Zoni.g Classification of the herein described real property
located in Section 10, Township 48 South, Range 25 East, Collier County,
Florida, is changed from "PUD" to "PUD" Planned Unit Development in
accordance with the PUD Document, attached hereto as Exhibit "A", which
is incorporated herein and by reference made ~art hereof. The Official
Zoning Atlas Map nudered 8510N, as described in Ordinance Nu~er 91-102,
the Collier County Land Development Code, is hereby amended accordingly.
SECTION TWO:
Ordinance Number 88-50, as amended, known as the Gadaleta PUD,
adopted on May 24, 1988 by the Board of County Commissioners of Collier
ty, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective u~o~ filing with the
Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this /~/day of ~ , 1998.
ATTESt; ........... 1.'~' BOARD OF COUNTY COMMISSIONERS
DWIGH~,~'B.= BR6~K/. Clerk COLLIER COUNTY, FLORIDA
ved~fas"~m and
~"....'...].'..~...~'..']','
Assistant County Attorney
f/~D-ST-3X { 3 ).
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GADALETA
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING GADALETA, A PLANNED UNIT
DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FORz
PREPARED BY z
TIMOTHY W. FERGUSON
2272 AIRPORT ROAD SOUTH SUITE 210
NAPLES, FLORIDA 34112
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC 4/14/98
ORDINANCE NUMBER ' 98-'28
AMENDMENTS AND REPEAL
1
TABI~ Of' COlq~v-l~S
Statement of Compliance and Short Title ....................... 3
Affidavit of Unified Ownership and Agency .................... 5
Section I Legal Description, Property
Ownership and General Description ....... 6
Section II Project Development ..................... 9
Section III Use of Land and Development Standards... 14
Section IV Commercial Areas Plan ................... 16
Section V Development Commitments ................. 17
Section VI Definitions ............................. 22
2
STATEMENT OF COMPLIANCE
The development of approximately 19.3 acres of property in
Collier County, as a Planned Unit Development to be known as the
Gadaleta PUD, is and will be in compliance with the goals,
objectives, and policies of Collier County as set forth in the
Growth Management Plan unless otherwise provided for in this
document. The commercial, residential and recreational
facilities of the Gadaleta PUD are and will be consistent with
the growth management policies, land development regulations, and
applicable comprehensive planning objectives, unless otherwise
provided for in this document, of each of the elements of the
Collier County Growth Management Plan for the following reasonsx
Residential Pro~ect
1. The subject property is within the Urban Residential Land
Use Designation as identified on the Future Land Use Map as
required in Objective i 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
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 3.1H and n of the Future Land Use Element.
6. The project consists of 88 units on 17.3 acres with a
density of 5.1 units per acre and two acres of commercial
property zoned C-2. The uses of the property have been found to
be compatible with surrounding uses according to the Collier
County Planning Staff Executive Summaries, as presented to the
Collier County Planning Commission and to the Coliier County
Board of Commissioners, after full application and examination.
7. The project is currently served by existing, on site
utilities and will be required to hook up to facilities provided
by Collier County at the time of development as required by the
Transportation, Engineering, Water Management and Utilities
Stipulations of this PUD at Section 5.
8. The Planned Unit Development includes required dedicated
xeric scrub habitat along with open spaces and natural features
which are preserved from future development in order to enhance
their natural functions and to serve as project amenities as
required by Environmental Stipulations contained within this PUD
at Section 5.
3
'~heir natural functions and to serve as project amenittes as
required by Environmental Stipulations contained within this PUD
Section 5.
9. All final local development orders for this project have
com lied or will comply with the Collier County Adequate Public
Facilities rdinance.
O
4
AFFXD~VX! OF UII'XFXED OWNE!~HXP JkI~D~GEMCY
I, James M. Goldie, being first duly sworn, depose and say that I
am the Trustee for the SJG Land Trust and hereby testify that the
SJG Land Trust owns the entire property described in Section 1.2
of this document, which is the subject matter of this document
and that all representations herein, including any renderings,
drawings, data and other supplementary matter attached hereto are
accurate, honest and true to the best of my knowledge. I further
permit the undersigned to act as agents for the SJG Land Trust in
any matters regarding this petition.
(see Exhibit B)
JAMES M. GOLDIE, Trustee DATE
DOMENIC GADELETA, Agent DATE
TIMOTHY W. FERGUSON, Agent DATE
STATE OF FLORIDA, COUNTY OF COLLIERs
Sworn to (or affirmed) and subscribed before me on
day of , 1997 by James M. Goldie, Trustee for the
SMJ Land Trust.
NOTARY PUBLIC
(print, type or stamp name of notary
... Personally known OR ,
i" Produced identification, Type of I.D.
Sworn to (or affirmed) and subscribed before me on
day of , 1997 by TIMOTHY W. FERGUSON, ESQ.
NOTARY PUBLIC
5
SECTION l
PROPERT! OWNERSHIP liND DESCRIPTION
1.1 PURPOSE
The property is located on Old U.S. 41, adjacent to and
South of Spanish Wells PUD, adjacent to and west of industrial
development across U.S. 41, adjacent to and east of multi-family
development and has vacant land to the South with low income
housing as the next developed property to the south.
1.2 LEGAL DESCRIPTION
The subject property being 19.3 acres, is described asz
The North 1/2 of the North 1/2 of the North 1/2 of the North
East 1/4 of Section 10, Township 48 South, Range 25 East, lying
West of Old U.S. 41, Collier County, Florida~ AND
The North 200 Feet of the South 1/2 of the North 1/2 of the
North 1/2 of the North East 1/4 of Section 10, Township 48 South,
Range 25 East, lying West of Old U.S. 41, Collier County,
Florida
1.3 PROPERT! OWNERSHIP
The subject property is currently under the undivided
ownership of SJG Land Trust, 16979 Old U.S. 41 North, Naples,
Florida 34110. (See page 3 of the amendment application document
for unified ownership affidavit)
1.4 ~ OES(~8IPTIOM OF PROPERTZ AREA
A. The property consists of 19.3 acres on the west side of
Old U.S. 41 just South of the Lee County line. Most of the
property has been cleared and is being used for recreational
purposes as an ongoing golf driving range and accessory uses.
B. The project site is divided into residen%ial and
commercial uses. The West 17.3 acres consists of various
potential residential uses. The eastern most 2.0 acres, adjacent
to Old U.S. 41 is commercial.
C. The zoning classification of the subject property,
prior to the date of this approved PUD Document was PUD with 88
units of residential on 17.3 acres and 2.0 acres of commercial.
D. This property was found to be exempt from zoning re-
evaluation by Collier County according the Zoning Reevaluation
Ordinance 90-23.
1.5 PrfSICAL DESCRIPTION AND W]tTERMANAGEMENT CONSII~4~J~N~
6
A. The project site is located within the South Florida
Water Management District.
B. Water Management for the proposed project is planned to
be the lake retention type. The elevation within the project
site is approximately 15 feet above sea level. Most of the area
is composed of xeric environs and soil types (substantial
composed of various sandy soils). All of the site is located
within the Flood Zone X area of the 500 flood zone according to
FEMAMap Panel 191 of 1125, June 3rd, 1986 (the latest FEMAMap
provided to the Soil and Conservation Service).
C. Detailed Site Drainage plans, which shall incorporate a
single water management system for this property, shall be
submitted to the County Engineer for review before development.
No construction permits shall be issued unless and until approval
of the proposed construction, in accordance with submitted plans,
is granted by Collier County. The Water Management plan for the
Gadaleta PUD may be developed in phases where feasible.
D. An excavation permit will be required for any proposed
lake or water retention area which complies with Federal, State
and County regulations.
The Gadaleta PUD is a mixed use project which consists of
17.3 acres of various potential residential uses in a range
consisting of single family, single family cjuster, single family
attached, multi-family, group housing, patio housing, town houses
and/or low income housing, with all other appropriate housing
types within or similar to the types of housing listed above
included. The density of this parcel of property is
approximately 4.45 units per acre. The Gadaleta PUD also
contains 2.0 acres of C-2 commercial zoning which may be
developed and used according to the current Collier County Land
Development Code (hereinafter LDC). Furthermore, the property is
currently being used for a golf driving range and other related
accessory purposes and may be used in such a manner hence forth
with recreational use types comparable to the intensity of a golf
driving range. The golf driving range is an allowable use
contained within the Gadaleta PUD and the LDC.
A. The vast majority of the property covered by this
document has been cleared for use as a driving range with the
exception of a 50 foot buffer on the North and South property
lines and approximately 0.7 acres of xeric scrub habitat which
has been retained as a conservation area on the Southeast corner
of the property. An appropriate portion of the native vegetation
shall be retained on site as required in Section 3.9.5.5 of the
LDC, as amended. The majority of vegetation which remains on
site is native vegetation.
B. Regulations for the development of the Gadaleta PUD
shall be in accordance with the contents of this document, PUD
Planned Development District and other applicable sections and
parts of the LDC and the Collier County Growth Management Plan
(hereinafter GMP) in effect at the time of any issuance of any
development order to which said regulations relate which
authorizes the construction of improvements, such as but not
limited to Final Subdivision Plan, Final Site Development Plan,
Excavation Permit and Preliminary Work Authorization. Where
these regulations fail to provide development standards, then the
provisions of the most similar district in the LDC shall apply.
C. The Scrub Oak community (conservation easement) will
remain undisturbed at the Southeast corner of the PUD, with the
exception of the access road depicted on the PUD Site Plan. The
access road through the Scrub Oak community shall traverse the
Scrub Oak community at a point with the least impact to the
vegetation.
This Ordinance shall be known and cited as the "Gadaleta
Planned Unit Development Ordinance."
8
SECTION II
2.1 PURPOB~
The purpose of this Section is to delineate and generally
describe the project plan of development, relationships to
applicable Count ordinances, the respective land uses of the
tracts included ~n the project, as well as other project
relationships.
2°2 GE~E~
A. Regulations for development of the Gadaleta PUD shall
be in accordance with the contents of this document, the Planned
Unit Development District and other applicable sections and parts
of the LDC and GMP in effect at the time of building permit
application. Where these regulations fail to provide
developmental standards, the provisions of the most similar
district in the 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 the CCLDC in
effect at the time of building permit application.
C. All conditions imposed and all graphic material
presented depicting restrictions for the development of the
Gadaleta PUD shall become part of the regulations which govern
the manner in which the PUD site may be developed.
D. Unless modified, waived or expected by this PUD the
other provisions of the LDC, 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 at the earliest or next
to occur of either Final SDP approval, Final Plat approval, or
bnilding permit issuance applicable to this development.
F. Development governed by this Ordinance shall not affect
the property's exempt status received pursuant to Collier
County's finding that the property was exempt from zoning re-
evaluation pursuant to the Zoning Reevaluation Ordinance 90-23.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including layout of streets
and of land for the various tracts is yet to be determined in
order to maintain flexibility in the final development of the
property. The current layout of the PUD consists of two (2)
9
'development tracts, one residential and one commercial (see site
plan, Exhibit A). The Gadaleta PUD shall be divided into a
reasonable number of land use tracts, plus necessary water
management lakes, street rights-of-way and other necessary
designated areas. The general configuration of the Gadaleta PUD
is intended to be flexible to accommodate the end-user of the
property.
TRACT "A" Single Family and
Multi-family as described various 17.3 Acres
in Section 1.6 above.
TRACT "B" Commercial C-2 uses as
outlined in the LDC various 2 Acres
TRACT "A & B" Recreational including but
not limited to a driving range,
putt putt courses and any other
recreational use of similar intensity.
Optional Recreational All or Part
TOTAL ACREAGE 19.3 Acres
B. Recreational uses are specifically intended to be
permitted uses within the Gadaleta PUD. These uses include but
are not limited to, a golf driving range and any other comparable
recreational use as a permitted use within this PUD and the LDC
C. The designated conservation area, composed of xeric
habitat, consists of approximately 0.7 Acres (to be field
verified) and is located in the Southeast corner of the Gadaleta
PUD. No other conservation area is intended. Open space
requirements shall include the designated conservation area and
may be used in the calculation of required open space any place
within the Gadaleta PUD, regardless of whether the designated
conservation area is in the same tract or not. .
D. Areas to be designated as lakes or water retention
areas, shall be constructed as lakes or, upon approval, parts
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 in
the appropriate site development plan. Minor modifications to all
tracts, lakes or other boundaries may be permitted at the time of
Preliminary Subdivision Plat or Site Development Plan approval,
pursuant to the LDC or as otherwise permitted by this PUD
document.
E. In addition to the various areas and specific items
shown in Exhibit "A", such easements as necessary (utility,
10
private, semi-public) shall be established within or along the
various tracts as may be necessary.
2.4 ~
A. A maximum of 77 residential dwelling units, single and
multi-family, shall be constructed in the total project area.
B. The gross project area, less acreage devoted to
commercial purposes, is 17.3 acres. The gross project density,
therefore, will be a maximum of approximately 4.45 units per
acre.
C. The Gadaleta PUD makes provision for all possible
housing structure types, listed above, to be built on
residentJelly designated tracts. The type of housing structure
which characterizes the initial development of any platted tract
is to be carried out throughout the development of that
particular tract.
D. Any or all of the Gadaleta PUD property may be used for
recreational uses, including both recreational and commercial
tracts. Recreational uses include but are not limited to golf
driving ranges and their accessory uses or other comparable
recreational use.
2.5 ~
A. Prior to the recording of a Record Plat, and/or
Conduminium Plat for all or part of the PUD, final plans for all
required improvements shall receive ap royal 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 with its inherent flexibility. 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 Sta~e of Florida.
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 of 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.
11
E. Appropriate instruments will be provided, at the time
of infrastructural improvements, regarding any dedication and
method for providing perpetual maintenance of common facilities.
2.6~
Models homes/model home centers including sales center(s)
shall be permitted in conjunction with the promotion of the
development subject to the followingz
A. One "wet" and an appropriate number of "dry" models
(commensurate with product types), may be constructed prior to
recording of a plat on each particular tract within the PUD.
Location is limited to future, platted family lots. All model
home plans and permit applications must be made by the project
owner.
B. The models permitted as "dry models" must be obtain
conditional certificates 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 recordation of any plats, metes and bounds
legal descriptions or other recordable legal descriptions, said
description shall be provided to and accepted by Collier County
as is sufficient for building permit issuance. Said legal
descriptions must meet proposed plat configurations and all
models constructed pursuant this PUD shall conform to applicable
minimum square footage, 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 permitted. Access to the "wet" model shall be
provided by a paved road or temporary driveway, said "unit model"
shall have a supporting parking lot.
F. Sales, marketing, and administrative functions are
permitted to occur in designated "wet" model home within the
project only as provided herein.
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 ~npervious surfaces. The system shall be designed and
constructed so that it is integrated with the master system for
the entire development.
Amendments may be made to this PUD as provided in the
Collier County Land Development Code, Section 2.7.3.5.
Whenever the developer elects to create land area and/or
recreation amenities, 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 documentation which shall include provisions
for the perpetual care and maintenance of all common facilities
and open space, subject further to the provisions of the LDC.
A. 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 conditionsz
1. Excavation activities shall comply with the
definition of a 'development excavation' pursuant to Division 3.5
of the Land Development Code whereby off-site removal shall be
limited to 10% of the total up to a maximum of 20,000 cubic
yards.
2. All others provisions of said Division 3.5 are
applicable.
13
3.l ;r,J~u, Os8
The purpose of this section is to identify specific
development standards for the areas designated as residential in
the Gadaleta PUD.
The maximum number of dwelling units are as provided in
Section 2.4 (A) of this PUD. A total of 77 units shall be
allowed on the 17.3 acre residential tract.
3.3 EBMI~ELTa~_~E
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 followings
A. PRINCIPAL USESs
(1) Single Family Dwellings with all permitted
accessory uses.
(2) Single Family Attached Dwellings, including one
dwelling unit above another.
(3) Multi-family structures and accessory uses.
(4) The cjustering or grouping of housing structure
types may be permitted on parcels of land with unified ownership,
or as may be otherwise provided in the LDC.
(5) Golf ranges and other similar recreational uses
as outlined in Section 2.3 of this PUD.
B. ACCESSORY USESs
Any accessory and incidental use to a permitted use.
3.4 ~EVELOPMEFESTAWDARDS
The development standards for this PUD are to be consistent
with the standards provided within this PUD at Table I or as
otherwise described in the LDC.
3.5 GEMgRALBETB&CKPRgVZBZOM8
Generally, whenever the word setback is used relative to a
measurement between the buildings and a lot line and/or perimeter
boundary of a parcel of land upon which buildings are to be
constructed, it shall have the following applications
14
Front yard setbacks shall be measured as follows~
(1) If the parcel is served by a public or private right-
of-way, the setback is measured from the adjacent right-of-way
line.
(2) If the parcel is served by a non-platted private drive,
the setback is measured from the back of curb or edge of
pavement.
(3) If the parcel is served by a platted drive, the setback
is measured from the road easement or property line.
(4) Generally principal buildings shall be set back a
distance sufficient to provide for two back to back parking
spaces, one of which may be in an enclosed space.
(5) When principal buildings front upon a common parking
area, which in turn fronts upon a public or private right-of-way
or non-platted drive, a minimum distance of ten (10) feet shall
separate the principal building and any related parking facility,
and a green belt of ten (10) feet shall separate rights-of-way
referenced above, or other non-platted private drive from the
common parking area. This shall not prohibit the attached
relationship of enclosed parking structures to the principal
residential structure, however in such cases, a parking apron of
at least fifteen (15) feet shall separate the enclosed parking
a or fifteen (15) feet from a sidewalk.
C. ACCESSORY BUILDINGS AND USE AREA RELATIONSHIPS
(1) This PUD shall provide for reduced yard requirements
where accessory structures (screened-in space when completely
open to the sky and recreational uses, such as swimming pools,
tennis courts, pavilions, etc.) are contiguous to a property line
adjacent to open space as herein defined.
(2) When accessory structures are contiguous to a property
line adjacent to open space, the yard requirements can be any
reaosnable space including but not limited to a zero lot line
configuration
15
SKCTXON IV
The purpose of this Section is to identify the type of
Commercial Uses and development standards that will be
applied to the areas so designated on Exhibit *A*, as Commercial
Tract
4.2 PI~ff_PIBNXIZIR
No buildin9 or structure or part thereof, shall be erected,
altered or used, or land used, in whole or part, for other than
those found in the C-2 designation found in the LDC that is in
place at the time of the adoption of this PUD.
4.3 ~
The development standards for the above referenced uses
shall be in compliance with 2.2.13.4 of the LDC, in effect at the
time of development.
4,4 PROVZSlOM FOR OFF-SITE R=MOVAL 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. Excavation
activities shall comply with the definition of a *development
excavation* pursuant to Division 3.5 of the Land Development Code
whereby off-site removal shall be limited to 10% of the total up
to a maximum of 20,000 cubic yards.
16
SECTION V
5.1 ~
The purpose of this Section is to set forth the development
con~dtments for the development of this project.
All facilities shall be constructed in strict accordance
with Final Site Development Plans, Final Subdivision Plans and
all applicable State and local laws, codes, and regulations
applicable to this PUD. Except where specifically noted or
stated otherwise, the standards and specifications of Division
3.2 the LDC 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
to the development referenced in the PUD shall be bound by this
PUD Document.
A. Exhibit A, the Gadaleta 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
develo~nent plan application. 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
this project.
5.4 SCHEDULE OF DEVELOPMENT/MONITORINGREPORTANDSt~NSET
A. This PUD shall be subject to the Sunset Provisions of
Section 2.7.3.4 of the Land Develo~nent Code.
B. Any additional recreational facilities, as may be
needed by the future residents of this project, shall be funded
through a system of revenues collected by the Homeowner's
Association. The Homeowner's Association Sy-Law's shall include
a provision that the creation of a Capital Improvement Fund is
mandatory, and every property owner in the development shall
become a member of the Homeowner's Association.
17
C. A description shall be provided for the location of
land and facilities to be dedicated to the County, their use and
function together with acceptance by County. The plan shall
provide a tabulation and location of useable open space and the
mechanism for continued separation and maintenance by a private
entity.
D. An annual monitoring report shall be submitted pursuant
to Section 2.7.3.6 of the Collier County Land Development Code.
Variance and exceptions to Division 3.3 of the Land
Development Code will only be included in the PUD when a
concurrent application is being made for Preliminary Subdivision
Plat approval.
The development of this PUD Master Plan shall be subject to
and governed by the following conditions~
A. The applicant shall be responsible for the installation
of arterial level street lighting at all project entrances when
the owner entity wishes to proceed with any authorized
development, existing golf driving range and accessory uses
excepted.
B. Substantial competent evidence shall be provided by the
developer to the effect that the project is designed to provide
capacity and treatment for historical roadway runoff. In
addition, site drainage shall not be permitted to discharge
directly into any roadway drainage system.
C. Road Impact Fees shall be paid in accordance with
Ordinance 92-22, as amended, and shall be paid at the time
building permits are issued, unless otherwise approved by the
Board of County Commissioners.
D. Project entrances shall be designed to preclude the
backing up of entering vehicles onto adjacent public roadways.
If access is to be controlled by means of a gatehQuse or card-
controlled gate, the gate or gatehouse shall be designed, located
and operated so as not to permit such vehicular backup. A
minimum throat length, for an entrance way off of Old U.S. 41,
shall be 75 feet to facilitate vehicular stacking. Where the
expected Peak Hour traffic volummes on Old U.S. 41 are equal to
or greater than 30 vehicles, the minimum throat length shall be
100 feet.
5.7 WATERMANaGEMENT
The development of this PUD Master Plan shall be subject to
and governed by the following conditionsz
A. Prior to the submission of any Subdivision Master Plan
or Site Development Plan, the Developer shall obtain written
18
confirmation from Collier County Water Management that the
.discharge rate and route will not cause adverse impacts.
5°8
The development of this PUD Master Plan shall be subject to
and governed by the following conditions~
A. WATER~
1. Should the owner entity wish to proceed with
authorized development, save for a golf driving range and
accessory uses prior to the availability of the County's Sanitary
Sewer and Water Distribution System, the owner entity shall, at
its own cost, extend the 16" water main which presently
terminates at the Railhead Industrial Park on the East side of
Old U.S.41 Road.
2. A water distribution system shall be constructed
throughout the project development by the developer pursuant to
all current requirements of Collier County and the State of
Florida. Water facilities constructed within platted rights-of-
way or within utility easements, as set forth in Collier County
Ordinance 97-17, shall be conveyed to the County Water/Sewer
District for ownership, operation and maintenance. All water
facilities constructed on private property and not required by
the County to be located within utility easements shall be owned
and maintained by the developer, his assigns or successors.
3. All construction plans and technical specifications
and proposed plat, if applicable, for the proposed water system,
must be approved prior to commencement of construction.
B. SEWER~
1. Should the owner entity wish to proceed with
authorized development, save for a golf driving range and
accessory uses, prior to the availability of the County's
Sanitary Sewer and Water Distribution System, the owner entity
shall, at its own cost, extend the 12" force main which presently
terminates at the Railhead Industrial Park on the East side of
Old U.S.41 Road.
2. A sewer collection system shall be constructed
throughout the project development by the developer pursuant to
all current requirements of the Collier County and State of
Florida. Sewer facilities constructed within platted rights-of-
way or within utility easements as set forth in Collier County
Ordinance 97-17, shall be conveyed to the County Water/Sewer
District for ownership, operation and maintenance. All sewer
facilities constructed on private property and not required by
the County to be located within utility easements, shall be owned
and maintained by the developer, his assigns or successors.
3. All construction plans and technical specifications
and proposed plat, if applicable, for the proposed sewer system,
must be approved prior to commencement of construction.
19
The development of this PUD Master Plan shall be subject to
and governed by the following conditions~
A. Unless approved, in advance, in writing by the Community
Services Director, all improvements will conform to the
requirements set forth in Article 3 of the Land Development Code.
5.10 ENVIRONMENTAL
The development of this PUD Master Plan shall be subject to
and governed by the following conditions~
A. Environmental permitting shall be in accordance with the
State of Florida Environmental Resource Permit Rules and be
towards mitigation for impacts to Collier County Jurisdictional
wetlands.
B. 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 Section 3.2.8.4.7.3
of the LDC.
C. In the event that the project does not require platting,
all conservation areas shall be recorded as
conservation/preservation tracts or easements dedicated to an
approved entity or to Collier County with no responsibility for
the maintenance and subject to the uses and limitations similar
to or as per Florida Statutes Section 704.06.
D. Buffers shall be provided around wetlands, extending at
least 15 feet landward from the edge of wetland preserves in all
places and average 25 feet from the landward edge of wetlands
when requested by the County.
E. An exotic vegetation removal, monitoring~and maintenance
(exotic free) plan for the site, with emphasis on
conservation/preservation areas, shall be submitted to Current
County Planning Review Staff for review and approval prior to
final site plan/construction plan approval.
F. A fifty foot buffer of native vegetation shall remain
along the North and South property lines, as long as the existing
golf driving range and accessory uses remain active. Once the
property is redeveloped, the buffers contained in this document
will control and if the buffer sections of this document do not
apply, the provisions of the LDC control.
G. Petitioner shall comply with the guidelines and
recommendations of the U.S. Fish and Game Service and the Florida
.'and Fresh Water Fish Commission regarding potential impacts
protected wildlife species. Where protected wildlife species
~ .are observed on site, a Habitat Management Plan for those
"!~ protected species shall be submitted to Current County Planning
Staff for review and approval prior to any site plan/construction
plan approval.
5.11 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously
with or following the construction of the principal structure(s),
except for a construction site office and model units.
5.12
All signs shall be in accordance with Division 2.5 of the
Land Development Code.
5.13 LANDSCAPING FOR OFF-STREET PARKING~a~E~
All landscaping for off-street parking areas shall be in
accordance with the Division 2.4 of the Collier County Land
Development Code in effect at the time of building permit
application.
5.14 POx-x-ING
Pursuant to Section 2.6.30 of the Land Development Code
provision shall be made for the future use of building space
within common areas for the purposes of accommodating the
function of an electoral polling place.
An a reement between the Supervisor of Elections recorded in
the official records of the Clerk of the Circuit Court of Collier
County, shall be binding upon any and all successors in interest
that acquire ownership of such commons areas including, but
limited to, condominium associations, homeowners associations, or
tenants association. This agreement shall provide for said
community recreation/public room or similar common facility to be
used for a polling place if determined to be necessary by the
Supervisor of Elections.
21
BgCTZOZi VZ
The following definitions apply to this PUD:
SITE DEPTH AVERAGEz Determined by dividing the site area by the
site width.
~ As defined by the LDC~ may be reduced on cul-de-
sacs lots.
MEASUREMENT OF SETBACKS: Setbacks are measured from lot lines,
tract boundaries or public or private streets.
~ Open space area means development adjacent to lakes,
preserves, conservation area, park, or golf course.
Patio ~Zero Lot Line}: One wall of the residential structure is
concurrent with a side property line and the sum of the two
required side yards is shifted to the non-zero lot interior side
lot line.
Single Family Attached/Townhouse/Row Hou~ A multiple family
structure which includes a series of three or more single family
vertically attached housing units having no separate dwelling
unit above another. May be more than one story, but not more
than three habitable floors.
~ A multiple family structure which includes a structure
containing three or more dwelling units both vertically and
horizontally attached typically with dwelling units over dwelling
units having irregular shaped exterior walls and generally not
exceeding a height of two habitable floors.
Multiple Fam~ly~ A housing structure containing three or more
dwelling units other than that which fulfills the definition of
single family attached, townhouse, row house, and villas.
Generally includes a structure of two or more storys with
dwelling units above dwelling units each of which may be accessed
directly from the outside or from a common interior location.
~ A housing structure containing two dwellings units
either vertically or horizontally attached.
Cjustered Housing; The placement of two or more housing
structures of the type described on a parcel of land/lot/tract
under common ownership without violating the condominiom
ownership of individual dwelling units.
TABLE f
DEVELOPMENT STANDARDS
DEVELOPMINT MULTI- COM2vlONS
STANDARDS FAMILY RECREATION
USES
PP, fNCD'AL ST'R.UCTUP, ES
M32,fi]vIUM LOT AR.EA ! AC!~ NOT APPLICABLE
AVERAGE PARCEL W3DTH 100 FEET NOT APPLICABLE
M~. FLOOR. AREA 600 S.F. NOT APPLICABLE
FRONT YARD 30 FEET ' 20 FEETz
SIDE, YARD 15 FELTs 10 FEETm
REAR YARD 30 FEET' tO FEETm
M~.DIST.
BL:'F, NEEN STRUCTLrRES 15 FEET' I0 FEET
IvtAX. BLDG. lIT. 35 FEET 35 FEET~
ACCESSOR.Y STRUCTURES
FRONT S.P.S. 20 FEETz
SIDE S.P.S. 10 FEET:
REAR S.P.S. 10 FEET~
MAX. BLDG. HT. 35 FEET 3:~ FEET~
S.P.S.: Same as Principal Structures.
: 30 fatal I~lus I foot for ms7 2 fm d'tmildiaI MtIM mw J0
m W]Mm$ IdJmX~ ~O · i - nou~ (0') mmmm:d from dt~
~ I~ impera 1 footfort, v~3r2fai~ofl~j__mh~.beilhlOvet30f~.
4 I:~ imet~ oa~ kill die mum eftbe Mtllm d'adjaamt haiilal~ meamuRd from ~,n,.-~x wllllt whidtcm~ t$ In:Ira.
GADALETTA PUD
CONCEPTUAL MASTER LAND USE PLAN
LEE COUNTY LINE
TRACT "BY
2.0 AC.
TRACT "A"
PUD
~DS~E BUFF~ ~ ~C lO' / ~.
,=~,,~,,o,_, XHIBIT A
·
I, James G. Goldie, President of North Naples Golf Range Inc.
i
be ng duly sworn, depose and say that I, as President of the
above referenced corporation, do have the power and authority to
ac~ as owner o~ the propetty described in the Gadaleta PUD and
which is the subject matter of a pro osed hearing~ that all the
answers to the questions in any application pursuant to the
Gadelate PUD, and all sketches, data and other supplementary
me%tar attached to and made a part of any application concer. ing
'the Gadelate PUD, are hones~ and true to ~he best of my knowledge
and belief. A hearing can be advertised. I further permit ......
.......... Domenic.~adaleta
(AGENT°S'NAME)
to act as my representative in any matters regarding any matter
related to the Gadelate PUD. ' .... '
~o~ch ~a~les Golf Range, Inc.
jaT Goldia, ~~.si en
State of Florida
County of Collier
~e~E~n.ali~_'[h6~n ~6'me~ or' who haS'~r0~uced .... ' - , ~'~ho is
as identification and who did (did not) ta~e an oath.
( SIGNATURE OF-NOTARY_ PUBLIC) _
NOTARY PUBLIC
Comission e
' ~~ IGNATURE OF~
8ta~:e o~' Florida'
County ol Collier . ,
erson~Yy ~ncwn to =~, or who has 'pr6duced~ _
~f[c~~~d who did (did not) take an oath.
( S IGNATU~. OF ~ _ ~J~Rt
"" ' '; ~ MY ~
HOTLY PU~I~ ~
CO~iBB~O~ W
My Cornlesion E~pire~,
AFFIDAVIT OF UNIFIED OWNERSHIP AND AGENCY
Each of us DOMENICO GADALETA AND ANGELA GADALETA, being first
duly sworn, depose ant say that we each own the entire property
described in Section 1.2 of this document, as tenants in the
entirety in fee simple, which is the subject matter of this
document and that all representations herein, including any
renderings, drawings, data and other supplementary matter
attached hereto are accurate, honest and true to the best of our
knowledge. I further permit the undersigned to act as our agent
in an atters regarding this petition.
~ G L / DATE
T.Z .]FS USO SSQ. DATE
STATE OF FLORIDA, COUNTY OF COLLIER~
Sworn to (or affirmed) and subscribed before me on B9
day of ~\.~_,f , 1997 by DOMENICO and ANGELA GADALETA.
Mv~m~m#~ " ' NOTARY PUBLIC
(print, type or stamp name of notary
.~ Personally known OR
Produced identification ~ Type of I.D. ,
Swor~..to (or affirmed) and subscribed before me on '2~Rb
day of __~Ne , 1997 by TIMOTHY W. FERGUSON, ESQi
(print, type or stamp name of notary
~Personally known OR
Produced identifications Type of I.D.
" 2. 9093 2319 335
· ~!~..,
· :"..... Qi/QS/!I It IO:31~ DII~ I. II~, CLIH
· coil ul,oo,c
IIC Ill i.I
~ ~11I~ ..
~ ~ ~ ~0~43480~8
~menico Gadaleta and ~gela Gadaleta, husband and wife, ..
of~com~0r COLLIER , s~0r Florida , Cnmtors, .~
North Naples Golf Range, Inc., a Florida coloration, as tmstee
of the SJG Land T~st Agreement, U/A dated 5/29/97,~
~~:16979 Old US 41, ~S, Florida 34110
Wj~e~ ~ m'U~. for ~ h ~n of ~ ~ of
~ & ~0/~00 ($~0. oo) ~.
~S NOR~ 1/2 OF ~E NOR~ 1/2 OF ~S NOR~ 1/2 OF ~E
NOR~T 1/4 OF SE~ION 10, TO~SHIP 48 SO~, ~GE 25
~T, LYING WEST OF O~ US HIG~AY 41 (T~I~I ~IL); ~,
~E NOR~ 200 FEET OF ~ SO~ 1/2 OF ~ NOR~ 1/2 OF ~
NOR~ 1/2 OF ~ NOR~T 1/4 OF SE~ION 10, ~SHIP 48
SO~, ~GE 25 ~T, LYING ~ST OF O~ US HI~AY 41
(T~I~I ~IL); ~ BEING IN ~I~ COl, ~RI~.
S~jecC to restrict~ons and easements co~n to the s~ivision,
if any, and t~es s~se~ent to 1997.
*with full power and authority either to protect, consere and
to sell or to lease, or to encu~er or to othewise ~age and
dispose of the real property herein described, pursuant to the
provisions of F.S. 689. 071
8~RN TO:
MURPHY
FIRM
8UI~ A
$~ ~eRPORT ROAD N.
P.O ~, ~
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the ~entieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 98-28
Which was adopted by the Board of County Commissioners on the 14th day
of April, 1998, during Regular Session.
WITNESS my handand the official seal of the Board of County
Commissioners of Collier County, Florida, this 20th day of April, 1998.
DWIGHT E. BROCK . .."' ,{ "" '.
Clerk of Courts and' eleik / . "" .'
Ex-officio to Board of "..;
By: Maureen Kinybn-.,'... ,' .. ."
Deputy ,Clerk '-.,,.~. · ..,,-2....~.. ,~.....
', . . ·
',, ., .'
",.;..,,,,,
..