Ordinance 97-37 ORDINANCE NO. 97- 37
'~'AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
TNE , INCORPO, ,T -D AREA COLLIE COUNTY, FLORIDA
BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER
9502N; BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM "A"
AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS MARKER LAKE VILLAS FOR 36 VILLAS AND[~ ~'~
RECREATIONAL POOL AREA, LOCATED ON VANDERBILT~
BEACH ROAD EXTENSION IN SECTION 2, TOWNSHIP 4~
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDa,
CONSISTING OF 12.06 ACRES; AND BY PROVIDING A~ -~-
EFFECTIVE DATE.
WHEREAS, Blair A. Foley, P.E., of Coastal Engineering
Consultants, Inc., representing Eugene Thrushman, 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 2, Township 49 South, Range 25 East,
Collier County, Florida, is changed from "A" Agriculture to "PUD"
Planned Unit Development in accordance with the Marker Lake
Villas PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas Map
Number 9502N, 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.
e
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this J . day of
1997. ' / "
BOARD OF COUNTY COMMISSIONERS
,: ~ I ~ J ~./, COLLIER COUNTY, FLORIDA
·;
~. '. ~GH./~'~.~ROCK, CLERK ~ O H~.~M~COC~, C~R~.
· ~' C"
"~,.."' i.'~<"'
S~".~'etc~ of
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY ond ocknowledeemen~ of
;Hing eceivcd ibis ~y
ASSISTANT COUNTY ATTORNEY
FUD-97-4 ORDINANCe/
MARKER LAKE VILLAS
PLANNED UNIT DEVELOPMENT
REGULATIONS AND CONCEPTUAL MASTER PLAN GOVERNING DEVELOPMENT OF
MARKER LAKE VILLAS,
A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF :'
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR: ~"
MARKER LAKE VILLAS, INC."
11216 TAMIAMI TRAIL NORTH, SUITE 341
NAPLES, FL 34110
PREPARED BY:
COASTAL ENGINEERING CONSULTANTS, INC.
3106 S. HORSESHOE DRIVE- ~.~
NAPLES, FL 34104
CEC FILE NO. 96.403
March 25, 1997
Revised May 16, 1997
· ,~ ,~
97-37
ORDINANCE NUMBER:
TABLE OF CONTENTS
Pane
STATEMENT OF COMPLIANCE ....................................... 1
SECTION I PROPERTY OWNERSHIP & DESCRIPTION ................... 2
SECTION II PROJECT DEVELOPMENT ............................... 3
SECTION III RESIDENTIAL TRACTS: D, F. H & J ......................... 5
SECTION IV OPEN SPACE/RECREATION AREA TRACTS: C, E. G. I & K ....... 8
I
SECTION V DEVELOPMENT COMMITMENTS .......................... 9
EXHIBIT "A" PUD MASTER PLAN
STATEMENT OF COMPLIANCE
The development of approximately 12.06 acres of property in Collier County. as a Planned
Unit Development known as Marker Lai~e Villas is in compliance with the goals, objectives
and policies of Collier County as set forth in the Growth Management Plan. The
residential, recreational, and other development authorized heroin 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 in effect at the time
of approval by the Collier County Board of County Commissioners for the following
reasons:
Residential Proj~.t
1. The subject property is within the Ur'oan 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 deveiopment'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. Future improvements are planned to be in compliance with all current and
applicable land development regulations as set forth in the Growth Management
Plan and amendments thereto.
5. The project development results 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 incorporates a natural system 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.
7. Marker Lake Villas Is a proposed residential community. The maximum number
of dwelling units for the project will be 36 units, resulting in a gross density of 3
units per acre. The maximum density is 3.0 dwelling units per acre and is in
compliance with the Future Land Use Element of the Growth Management Plan.
8. The project includes extensive open space in ~e form of a native vegetation
preserve to provide a high quality of life for its residents.
SHORT TITLE
This Ordinance shall be known and cited as the Marker Lake Villas Planned Unit
Development Ordinance.
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
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 being developed
under the project name of Marker Lake Villas.
1.2 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Bishop John J. Nevins,
Diocese of Venice Florida, P.O. Box 2006, Venice. Florida 34284-2006.
1.3 LEGAL DESCRIPTION
A tract of land lylng ,, Section 2, Township 49 South, Range 25 East;, Collier
County, Florida. being more particularly described as follows:
The West 1/2 (W1/2) of the Northeast Quarter (NEll4) of the Northwest Quarter
(NWII4) of the Northeast Quarter (NEll4) of Section 2. Township 49 South,
Range 25 East. Collier County, Florida; and, the East 1/2 (E1/2) of the Northwest
Quarter (NWII4) of the Northwest Quarter (NWI!4) of the Northeast Quarter
(NEll4) of Section 2, Township 49 South, Range 25 East, Collier County, Florida,
Six (6) Acres, More or Less. Less and Excepting the South 30 Feet Thereof for
Road Right-ofJA/ay Purposes.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
The project site contains 12.06 acres and is located in lands lying within Section
2, Township 49 South, Range 25 East, Colller County, Fiodda. The property is
bordered on the north by Pelican Marsh; on the south by Emerald Lakes; on the
east by vacant farm fields; and on the west by vacant farm fields.
1.5 pROJECT. DE..SCRIPTION
Marker Lake Villas is a prcposed residential cornmun/ty. The project will consist
of 36 villa units. and a recreational pool area.
The project entrance is on Vanderbllt Beach Road Extension and the tntemal road
system c./rdes along the property boundary.
The maximum number of dwelling units for the project will be 36 un~, resulting
in a gross density of 3 units per acre.
2
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to defineate and generally descrtbe the proJed plan
of development, relationships to applicable County ordinances and the respective
land uses of the tracts included in the project.
2.2 GENERAL
A. Regulations for development of Marker Lake Villas shall be in accordance
'with the contents of this document, PUD-Pianned Unit Development
,District and other appficable sections and parts of the Collier County Land
.Development Code and Collier County Growth Management Plan -
Conservation and Coastal Management Element in effect at the time of
local final dew.:opment order or building permit application. Where these
PUD regulations fail to provide developmental standards, then the
provisions of the most similar distrial 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 fodh in Collier County Land Development Code in
effect at the time of local final development order or building permit
application.
C. The development permitted by the approval of this petition wlfi be subject
to review under the applicable provisions in effect at the tim
development permits are requested.
2.3 ~DI~SCRIPT!ON OF THE PUD MASTER PLAN
The PUD Master Plan including layout of streets and uses of land for the various
tracts is iljustrated graphically by the PUD Master Plan, Exhibit "A".
2.4 R,.E,LATED PROJE(;;T. pLAN APPROVAL REC}.,UIREM.ENT~
No mrs than the maximum of 36 dwelling units shall be constructed in the total
project area.
The gross project area is 12.06 acres. The gross proJet density, therefore, will
be a maximum of 3 units per acre.
2.5 .RELATED PROJECT PLAN APPROVAL, REC~UIREMENT~.
Prfor to recording the SubdMsion Plat, and/or approval of · Condomlnlum Plat,
final plans shall receive approval of the appropriate Co~ler County governmental
agency to Insure compliance with the PUD Master Plan, the Collier County Land
Development Code and the platting laws of the State of Florida.
3
2.6 MODEL HOMES AND SALES FACILITIES
Model homes/dry model home centers, sales centers and admlnistrative offices
shall be permitted tn conjunction with the promotion of the development pursuant
to provisions of the Collier County Land Development Code.
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.
2.8 ASSOCIATION OF pROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
The land areas and recreation arnenltles whose ownership and maintenance
responsibility is a common interest to all subsequent purchasers of property within
said development in which the common interest is located, the developer has
provided the appropr;~?te legal Instruments for the establishment of a Master
Property Owners Association whose function includes provisions for the perpetual
care and maintenance of those common facilities and open space. This
document is known as the "Master Declaration of Covenants, Conditions and
Restfictions for Marker Lake Villas and Is to be recorded in the Public Records of
Collier County.
2.9 REMOVAL OF FILL MATERIAL
Off-site removal of project fill from the proposed lake is perm/ttod under this
document. The developer shall not remove more than 20,000 CY of material
without a commercial excavation permit. Removal of up to 30,000 CY of matedal
shall be permitted under a development excavation.
SECTION I!1
RESIDENTIAL TRACTS:
D, F, H, & J
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated on the PUD Master Plan as residential tracts.
3.2 MAXIMUM D.VVELL!NG UNIT~
Tracts designated for residential uses shall be developed in accordance with the
standards set forth in the Collier County Land Development Code and the
development regulations established in this ordinance provided the total number
of dwelling units for the entire Marker Lake Villas PUD does not exceed 38.
3.3 USES PERMITTED
The type of pdnclpal L'~a that characterizes the Initial development of any platted
tract shall be carded throughout the development or that entire tract.
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 dwellings, two family, duplex and multi-family,
B. Accessory Uses:
1. Customary accessory uses and structures, including carports,
garages, patios, pools, spas, decks, fences and other accessory
uses that are typically associated with similar principal uses per
the Land Development Code.
2. Recreational community facilities ~at serve as an integral pad of
a residential tract and have been designated, reviewed and
approved on a site development plan or Preliminary Subdivision
Plat for that developmenL RecreatJonal facilities may include, but
am not limited to a pool building and swimming pool.
3. Small buildings, enclosures, or other structures constructed for
purposes of maintenance, service or shelter.
4. Small docks, piere, boardwalks or offier such fadtitles constructed
for purposes of lake access.
5
3.4 DEVELOPMENT STANDARDS
PERMITTED USES AND TWO SINGLE MULTI-
STANDARDS FAMILY & FAMILY FAMILY
DUPLEX ATTACHED & DWELLING
TOWNHOUSE
Minimum Lot Area 3500 SF~ 3000 SF I AC
Minimum Lot Width2 30 30 150
Front Yard 20 20 25
Front Yard for Side Entry 10 10 15
Garage
Side Yard 0 or 6= 0 or .5 BH' 0.5 BH
Rear Yard Principal 20 20 BH
Rear Yard Accessory 10 10 15
Rear Yard4 10 10 .5 BH
Maximum Building Heigh~ 35 35 35
Distance Between Principal 0 or 12 .5 SBH .5 SBH
Structures
Floor Area Min. (S.F.) 1200 SF 1200 SF 1000 SF
NOTE: Unless othefwtse Indlc~ed, development standards ap~y to pdndpd ttnx:turet Fro~t yard
am measured from the back of cur'o, vdey gutter of edge of ptvement.
3 or more story product,
~ Each half of a duplex unit requires · lot ·ms ·location of 3,500 SF for · tot~ nine bl are· of 1,000
still nmintalned.
= Zero fee{ (0') provblon does not apply to any extedof wal dffie strudure, and M ht~xJed to apply to !he
common wd of wal along btefiof Io1 Ikles wlthb a series of townhouse of -.4ml-de~ched units.
4Rserymdsfofpdndpd snd sccessory stmc~ums on lots snd trscts which·!x~sgdfcou~, lake, non
Judsdictk~ml open tpsce o~nstNe vege{aUon proservatlon smss msybezero(Cr)feete~ceptlfmtwhen·butllng
· lake of mr body sn srchMcit~d bank Irestruant sire! be incapofstod into b design,
s Building height thai be ttm vertical titstance measured from the first Imbltsble fltshed ~ elevation to
be uppermost fitshed ¢eRtng alevaUon of be ttmdure.
6
3.5 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,
SECTION IV
OPEN SPACE/RECREATION AREA TRACTS: C, E, G, I, & K
4.1 PURPOSE
The purpose of this section is to set forth the development plan and development
standards for the areas designed as Tracts C, E. G. I & K. Open Space. on the
PUD Master Plan, Exhibit "A". The primary function and purpose of these tracts
is to provide lake, open space, and recreational facilities. If any vegetation is
removed within Tracts C, E. G, I & K. it shall be provided elsewhere within the
PUD to maintain the required fifteen percent (15%) retained native vegetation.
4.2 USES PERMITTED
No building or structure or part, thereof, shall be eretied, altered or used. or land
used, in whole or in pad, for other than the following;
A. Principal Uses:
1. Lakes, pool building, poe!, and tennis courts.
2. Open Spaces/Nature Preserves {Conservation Area).
3. Small docks, boardwalks, or other such facilities constructed for
purposes of lake access.
4. Small buildings, enclosures or other structures constructed for
purpose of maintenance, storage, recreation or shelter with
appropriate screening and landscaping.
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. Lighting facilities shall i~e arranged in a manner which will protect
roadways and neighboring properties from direct glare or other
interference.
C. A site development plan meeting all of the Development Regulations shall
be required in accordance with Section 3.2 of the Land Development
Code.
D. Minimum Off-Street Parking and Loading: As required by Division 2.3 of
the Land Development Code at time of building permit application.
E. Buildings shall be setb:~ck a minimum of 20' from abutting residential
tracts outside this Planned Unit Development, and the setback area shall
be appropriately landscaped and maintained as a buffer zone.
8
SECTION V
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of Marker Lake Villas.
6.2 GENERAL.
All facilities shall be constructed in stdct accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable state and local laws, codes. and
regulations applicable to this PUD in effect at the time of local final development
order or building permit application. 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 successor and assigns, shall be responsible for the commitments
outlined in this document,
The developer and a~, subsequent landowners are hereby placed on notice that
they are required to satisfy the requirements of all applicable County ordinances
or code.,; in effect pdor to or concurrent with any subsequent development order
relating to this site. This includes, but is not limited to. Subdivision Master Plans,
Site Development Plans and any other application that will result in the issuance
of final local development order or building permit.
63 PUD MASTER PLAN
A. Exhibit "A": The PUD Master Plan reflects the proposed site
improvements.
B. All necessary easements, dedications, or other instruments have been,
or shall be, granted to insure the continued operation and maintenance
of all service utilities and all common areas in the project.
64 TRANSPORTATION
The development of this PUD Master Plan shall be subject to and governed by
the following conditions:
I A. Artedal level street lighting shall be installed at the project entrance
before any certificates of occupancy are issued.
B. The project will be constrained to a right-in/right-out at the project
entrance. There may be a westbound left-in if the median opening
spacing meets the requirements of Resolution 92-422, the Collier County
Access Management Policy,
6.5 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with, or following the
construction of, the principal structure except as allowed in the Land Development
Code and for construction site office and related facilities such as Project
Administrative Offices and Project Sales Offices.
6.6 SIGNS
All signs shall be in accordance with Division 2.5 of the Collier County Land
Development Code.
67 ENVIRONMENTAL
If gopher tortoise burrows (active, inactive and/or abandoned) are located on site,
they shall be indicated on the Site Development Plan or Preliminary Subdivision
Plat and field verified by Collier County Planning and Technical Services
Environmental Staff. Management plans and/or permits from Flodda Game and
Fresh Water Fish Commission (if appropriate) shall be submitted to Planning and
Technical Services Environmental Staff for review and approval. Management
plans shall be in compliance with Section 3.11.3.1 or the Collier County Land
Development Code. ,-,teas of retained native vegetation may serve as potential
gopher tortoise relocation areas, if applicable.
The applicant shall be required to remove all prohibited exotic vegetation on site
and to prevent the reinvasion of prohibited exotic vegetation by maintaining the
site exotic free in perpetuity.
This PUD shall commit to retention of 28,314 square feet (which is 15%) of
existing native vegetation on site in accordance with CCLDC Section 3.9.5.5.4..
If native vegetation cannot be accommodated, the same amount of area shall be
used on site to recreate a native plant community as described in Section
39.554..
68 UTILITIES
A. Water distribution, sewage collection and transmission systems shall be
constructed throughout the project by the developer at no cost to Collier
County and the State of Flodda. Potable water and sanitary sewer
facilities constructed within platted rights--of-way or within dedicated
County utility easements, required by the County, shall be conveyed to
the County for ownership. operation and maintenance pursuant to Collier
County Ordinance No. 88-76, as amended and all State and Federal
regulations and adopted policies in effect at the time of conveyance. All
potable water and sanitary sewer facilities constructed on private property
and not required by the County to be located within County utility
easements shall be owned, operated and maintained by the developer.
his assigns or successors. Upon completion of the potable water and
sanitary sewer within the project, the facilities shall be tested to insure
they meet Collier County's utility construction requirements in effect at the
time construction plans are approved. The above tasks shall be
completed to the satisfaction of Engineednq Review Services prior to
placing the facilities, whether County owned or privately owned, into
10
service. Upon completion of the potable water and sanitary sewer
facilities and pdor to the issuance of Certificates of Occupancy for
structures within the project, the utility facilities shall be conveyed to the
County, pursuant to Collier County Ordinance No. 88-76, as amended and
all regulations in effect at the time conveyance is requested.
B. All construction plans, technical specifications and proposed plat, if
applicable, for the proposed potable water and sanitary sewer collection
and transmission systems, whether County owned or privately owned
shall be reviewed and approved by Engineering Review Services pdor to
commencement of construction.
C. All customers connecting to the potable water distdbutiun system shall be
customers of the County and shall be billed by the County in accordance
with the County's established rate.
D. All potable water and sanitary sewer facilities in publicly owned rights-of-
way or within dedicated County utility easements within the project's limits
shall make connection to the County's off-site potable systems and
sanitary sewer hcilities inclue':ng but not limited to the following:
1) Main sewage lift station and propedy sized force main
inter-connecting with the County utility easements
necessary.
2) Potable water distribution facilities from the point of
connection with the County's potable water facilities to a
point of the projecrs property line.
3) Construction and ownership of the potable water and
sanitary sewer facilities shall be in compliance with
Collier County Ordinance No. 88-776, as amended, all
Federal, State regulations which apply and practices etc.
in effect at the time construction approval is requested.
4) Detailed hydraulic design reports covedng potable water
and sanitary sewage collection and transmission systems
to serve the project shall be submitted with the
construction documents. The reports shall list all design
assumptions, demand rates and all other factors pertinent
to the system under consideration.
O 5) Certifications of Occupancy for structures constructed
within the project shall not be approved by Engineering
Review Services until fire flow tests have been conducted
on the projecrs potable water distribution system and the
results are found to be acceptable and approved.
11
69 WATER MANAGEMENT
A. In accordance with the rules of the South ~odda Water Management
District (SFWMD), Chapters 40E4 and 40E-40, this project shall be
designed for a storm event of a 3-day duration and 25-year return
frequency.
B. An Excavation Permit will be required for the proposed lake in accordance
with Division 3.5 of the Collier County Land Development Code.
6.10 ENGINEERING
A. 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.
B. Work within Collier County fight. of-way shall meet the requirements of the
Collier Count',' 9ight-of-Way Ordinance No. 82-91,
pudL964.03,baf
12
A
PUD
~ 'J' ~ %' ~ '~'
PUD
{~Xl. imlT 'A'
-~- ~ ~ ~L _ _ ~_ ........... -- -
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, ~ollier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 97-37
Which was adopted by the Board of County Commissioners on the 26th day
of August, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 28th day of August,
1997.
DWIGHT E. BROCK .,~t4~.~" ',..~
Clerk of Courts and ~;~t,;.~:,,,.~;~ ...
County Co~issione~ .'~'
By: Ellie