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Ordinance 92-047 ORDINANCE 92 -_~3 AR ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ~.~ AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0606N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD", PLANNED UNIT . DEVELOPMENT, I~NOWN AS LAUREN PINES PUD, FOR '-'" 83 MULTIPLE FAMILY DWELLING UNITS, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF RADIO ROAD (C.R. 856), ONE AND ONE-HALF MILES EAST OF AIRPORT-PULLING ROAD (C.R. 31), LYING IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.88 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. .:- WHEREAS, the Lauren Pines Planned Unit Development (PUD), which permits 144 dwelling units at a density of 6.9 units per acre, has been found to be inconsistent with the Density Rating System contained in the Future Land Use Element of the Growth Management Plan; WHEREAS, the Collier County Growth Planning Department petitioned the Board of County Commissioners to change the zoning classification of the herein described real property to be consistent w~th the Future Land Use Element of the Growth Management Plan; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; The Zgning Classification of the herein described real property located in Section 6, Township 50 South, ~ange 26 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 part hereof. The Official Zoning Atlas Map Number 0606N, as described in Ordinance Number 91-102, is hereby amended accordingly. Ordinance Number 86-70, known as the Lauren Pines PUD, adopted on October 14, 1986 by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. This Ordinance shall become effective upon receipt of notice from the Secratary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~/~day of ~...~__, 1992. · (.'.'~. '.,A~.' .Ti '~....; ,~;~,.~ BOARD OF COUNTY COMMISSIONERS CO ER ."f, FLORIDA ,',, .,- '/,~;~./,,,:~..-~...., .,.~ ,, .; ~..'-.~,: ~,e' -- MICHAEL .q~'" ~ VOLPE, Chairman · . "!4:: -~'lega'l,. suf fici'ency · '~':' "~,.';~: · ..' ,~v...~- : Mar~o~lte M. Student Assistant County Attorney Th~ om~ fll~ w~fh ~ LAURENPINESORD .: LAUREN PINES PLANNED UNIT DEVELOPMENT DOCUMENT PREPARED BY Vines.& Associates, Inc. · .= · 715 Tenth Street South Naplss, Florida 33940 (813) 262-4164 REVISED JULY 21, 1992 BY THE COLLIER COUNTY GROWTH PLANNING DEPARTMENT Exhibit "A" ~ INDEX I PROPERTY OWNERSHIP, DESCRIPTION AND i - 3 STATEMENT OF COMPLIANCE II PROJECT DEVELOPMENT 4 - § III DEVELOPMENT REGULATIONS 6 - 8 IV ENVIRONMENTAL REQUIREMENTS 9 - 11 V TR~FIC REQUIRE~[KNTS 12 -. 13 VI UTILITIES REQUIREMENTS 14 - 21 VII WATER MANAGEi~ENT REQUIREI~ENTS 22 VIII RECREATION FACILITIES 23 - 2& LAUREN PINES P.U.D. DOCUMENT SECTION I PROPERTY OWNERSHIP AND DESCRIPTION The purpose of this Section is to s~t forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of: LAUREN PINES 1.2. LEGAL DESCRIPTION as: The west half of the west half of the northeast quarter of Section 6, Township 50 South, Range 26 East, less the north 75.02 feet (Radio Road right-of-way), less the east 212 feet, and less the west 110 feet (Florida Power & Light transmission line right-of-way) 1.3. PROPERTY OWNERSHIP The property is currently owned by Leawood Lakes Development, Inc. 1.4. GENERAL DESCRIPTION A. The project site is long and narrow, approximately 338 feet by 2,690 feet. It is located on the south side of Radio Road, Just east of the Florida Power and Light transmission line which forms the east boundary of Fox Fire Subdivision. B. The property lies in area C of the Collier County Water/Sewer District, and within County Water Management District #6. "' .: 1.5 PHYSICAL DESCRIPTION Elevations of the property range from 8.5 to 9.4 feet above mean sea level. The site contains no wetlands and has never been cleared. It is vegetated with attractive pine and associated upland vegetation. Natural drainage from the property is southwesterly. Water management for the planned /!'i~-~.,.~:,~ project will be of the lake and dry retention type, with surface discharge flowing into and through the Fox Fire water management system, ultimately discharging to Rock Creek. Soil types on the site are Arzell fine sand and Sunnyl&nd fine sand. '~ 1.6 STATEMENT OF COMPLIANCE The Lauren Pines Planned Unit Development is consistent with the Collier County Growth Management Plan for the following reasons: A. The project site is designated Urban Residential on the Future Land Use Map and in the Future Land Use Element. The permitted uses in this PUD are permitted in the Urban Residential Area. Properties designated Urban Residential are permitted a base density of up to 4 units per acre. An interconnection shall be provided to the multi-family project adjacent to the east, and to Fox Fire to the west via Kings Way. No other provisions of the Density Rating System to add or subtract density are applicable. Therefore, the density of 4 units per acre conforms to the Density Rating :' System contained in the Future Land Use Element. B. The project is compatible with surrounding land uses pursuant to Policy 5.4 of the Future Land Use Element. ;', SECTION II PROJECT DEVELOPMENT 2 · 1 · PURPOSE The purpose of this Section is to set forth basic development regulations and to generally describe the project development plan. .~. 2.2. GEN~L : A. Development of this project shall be governed by the contents of this document and applicable sections of the Collier County Land Development Co~e. B.Unless otherwise noted, the definitions of all terns shall be the same as the definitions set forth in the Collier County Land Development Code. .ii. · A. The project development plan is graphically indicated by *"~,.. Exhibit "A", the PUD Master Plan. The plan indicates building sites, drives, parking areas, recreational facilities and open space, and water management areas. 4 B. In addition to the plan elements shown in Exhibit 'A', such easements and rights-of-way shall be established within or adjacent to the project site as may be necessary or desirable for the service, function, or convenience of the project. 2.4. MAXIMUM PROJECT DENSITY No more than a maximum of 83 multiple family dwelling units shall be constructed in the 20.88 acre total project area. Gross project denmity shall not exceed 4.0 units per acre. SECTION III DEVELOPMENT REGULATIONS 3.1. PURPOSE The purpose of this Section is to set forth the development regulations applicable to the project indicated on Exhibit "A", the PUD Master Plan. No'building or structure, or part thereof, shall be ere~ed, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Multiple family dwellings · B. Accessory Uses: 1. Accessory. uses and structures customary in multiple family residential projects, including recreational facilities. 2. Project sales and administrative offices, which may occur in a multiple family residential building or in a recreational building. 3. Signs as may be permitted or required by the Collier County Sign Code in effect at the time a sign permit and/or building permit is requested. 4. Temporary sewage treatment facilities, which may serve the project until public or other off-site sewerage service is available. The sewage treatment plant shall be setback a · . minimum of 50 feet from the exterior project boundary. "' 5. At the option of the Collier County Supervisor of Elections, any community recreation building within the project may be utilized as a polling place during general or special · - elections. ..j~ 3.3. KAXIWJM DWELLING UNITS A maximum of 83 dwelling units may be constructed in this 20.88 acre project. 3.4.1. GENERAL: All yards, setbacks, etc. shall be in relation to the overall project boundaries. 3.4.2. MINI~gu~ SETBACKS: ':-; A. Project Boundaries: No principal str~cture may be closer than 30 feet to a project boundary, nor closer than 15 feet to a paved drive or parking area. B. Building Separation: No two principal structures may be closer together than 20 feet, or one half the sum of the building heights, whichever is greater. 3.4.3. MINIMUM FLOOR,REA: 1,000 square feet 3.4.4. OFFSTREET PARKING REOUIREMENTS: 2 spaces per dwelling unit 3.4.5. ~J~ T: Two stories 3.4.6. Minimum landscaping requirements shall be as permitted · or required by the Land Development Code in effect at the time any development order (e.g. Site Development Plan) is requested. SECTION IV ENVI RO~(ENTAL REQUIREMENTS 4.1. PURPOSE The purpose of this Section is to set forth the requirements established by the Environmental Advisory Board. The ':' development of the project shall be subject to these requirements: 1. Clearing and filling should be kept as minimal as possible. '~.'{ 2. The lakes should be of the smallest sizes acceptable for County Water Management requirements while at the same time preventing/reducing off-site drainage of stormwater. 3. A mitigation plan for revegetation must be submitted to and approved by Project Review Services Environmental Staff (PRS). There will be a target to replace 40% of the removed trees that are ovur 4 inches in diameter at breast height (DBH) with native tree species; upon request, PRS will recommend species, types and distributions; additional recommendations can be garnered through Chris Anderson, State Division of Forestry (Radio Road Office, 774-1210). Mitigation plans must be submitted no later than at the time of site plan review. 4. Oeveloper to make reasonable attempt to save the 19 inch DBH pine tree located approximately in the center of the project, by making minor adjustments to location of buildings, paving, etc. 5. A site clearing plan shall be submitted to the Project Review Services Section for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and ":' other facilities have been oriented to accommodate this goal. 6. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Project Review Services Section for their review and approYal. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 7. All exotic plants, as defined in the Land Development Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. .~.'; Following site development a maintenance program shall be :. implemented to prevent reinvasion of the site by such exotic .. species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Project Review ~-rvices Section. 8. If during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifacts, or other indicator is discovered, all development at that location shall be immediately stopped and the Development Services Department notified. Development will be suspended for a sufficient length of time to enable the Development Services Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Development Services Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. ..~. SECTION V TRAFFIC REQUIREMENTS The purpose of this Section is to set forth the traffic improvement requirements which the project developer must undertake as an integral part of the project development. 1. The developer shall provide 25 feet of additional right-of-way along the south side of Radio Road. (this : requirement has been fulfilled) 2. The developer shall provide left and right turn lanes on Radio'Road at the project entrance. This requirement does not imply that a median opening will be provided when Radio Road is four laned. 3. At the developer's option, the County will include construction of a right turn lane as a part of the Radio Road improvements contract or it may be constructed at a later date by the developer, but prior to the issuance of any .~ certificates of occupancy. In either case it shall be paid "~ for by the developer. If a median opening is permitted, it too, shall be at the expense of the developer. . 4. The developer shall retain the existing bike path along Radio Road, relocating it if necessary. 5. The developer cheil provide arterial level street lighting at the project entrance. 6. The developer shall provide a minimum of 30' right-of-way or easement along ~hs south property line and responsibility for constructing their portion to provide connections to Kings Way in Foxfire. 7. A road interconnection shall be provided to the multi-family project adjacent to the east. 8. All improvements required above are considered "site-related' ' "' as defined in Ordinance 85-55 and shall not be applied am a credit toward any required impact fee. SECTION VI UTILITIES REQUIREMENTS The purpose' of th.is Section is to set forth the utilities requirements which are set forth in a Utilities Division memorandum dated 11-14-85, which the petitioner has agreed to, and which must be accommodated by the project developer. 1. Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appl:opriate County Ordinances and regulations in i~ffect at the time of conveyance. All water and sew~r facilities constructed on private property and not required by the County to be located within utility i:asements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be 14 tested to insure they conform to the approved pXans. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, County owned or privately owned, into service. Ail construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3. All customers connecting to the water distribution and sewage collection facilities will be customers of the county and will be billed by the Coun'~y in accordance with the County's established rates. Should the County not b~ in a position to provide water and/or sewer service to the project, the water and/or sewer custo=~rs shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. 4. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site 15 _... m m sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 5. An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: a}_. The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project an~ must be regarded as interim! they shall be constructed to state and federal standards and are to be owned, operated and maintained by the Developer, his assigns, or successors until such time as the County's off site water facilities and/or off-site sewer facilities are availabl~ to service the project. The interim treatment facilities shall supply sez-~ices on1Y to those lands owned by the Developer and approved by the County for development. The utility facility(les) may not be expanded to provide water and/or sewer service outside the development boundary approved by the County without the written consent of the County. b) Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida Standards. All work related with this activity shall be pe~'formed at no cost to the County. c) Connection to the County's off-site water and/or sewer facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering desiga and preparation of construction documents, permitting, · modification or refitting of sewage pumping facilities, interconnection with. County off-site facilities, water and/or sewer lines necessary to make the connection(s), etc. d) At the time County off-site water and/or sewer fecilities ars available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances a~d: Reg~lations in effect at the time: 1) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required 'by the County within the project limits and those additional facilities required to make connection with the County's off-site water and/or sewer facilities; or, · 2) Ail water and sewer facllttiem required to connect the project to the County's off-site water and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private property and not required by the County to be 34 17 located within utility easements, including but not limited to the following: a) Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessary~ b) Water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including utility easements necessary. e) The customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when County off-site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connectio~ of the project to the County's off-site water and/or sewer facilities the Developer, his assigns, or successors shall turn over the County a complete list of the customers served by the interim utilities system and shall not coml)ete with the County for the service of those customers. The developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. f) All construction plans and technical specifications related to connections to the County's off-site water 35 18 and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. g) The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. "' h) The County will lease to the Developer for operation and maintenance the water distribution and/or sewage collection and transmission system for the sum of $10.00 per year, when such system is not connected to the off-site water an,I/or sewer facilities owned and operated' by the County. Term:~ of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water and/or sewer service agreements ars negotiated with the interim utility system serving the project. E. Data required under County Ordinance No. S0-112 showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. C. Constr~ction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance with all Utilities Division standards, Policies, Ordinances, etc. in effec~ at .the time construction appro'~al is requested. D. Prior to approval of construction documents by the Utilities "~ ' Division the Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida P~blic Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. E. Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to'serve the project must be submitted with the construction documents for the project. The report shall list all dssig~ assumptions, demand rates and other factors pertinent to the system under consideration. F. Water main stub connections to the project's east, south and west property line. shall be incorporated into the desig~ of the internal water distribution system to permit interconnection with adjacent parcels of land. The location of these stubs shall be submitted to the Utilities Division for approval prior to submission of the projects construction documents. G. A buffer of dense vegetation shall be established between the fenced temporary sewage treatment plant and the east property line of the project. H. A 15 foot utility easement along the west property boundary line will be granted to the County Utilities Division, for the purpose of accommodating a regional sewage transmission line. SECTION VII WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the requirements .~ · :- established by the Water Management Advisory Board, which : requirements shall be accommodated by the project developer. 1. Detailed site drainage plans shall be submitted to the ~:.~ Development Service~ Director for review. No constructi6n _~ permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Development Services Director. 2. An Excavation Permit will be required for the proposed lakes in accordance with the Collier County Excavation Regulations. .'~ SECTION VIII RECREATION FACILITIES 8.1. PURPOSE The purpose of thtfl Section is to set forth the recreation ~:~ facilities which must be installed by the project developer~ and recreation facility maintenance and management responsibi 1 ity. 8.2. REOUIRED RECREATIQ2~ Ths following recreation facilities are shown on the project Master Plan and shall be provided by the project developer. No building permits for any development within the project shall be issued except in conformity with these requirements: 1. Two swi=.~ing pools, the first to be constructed prior t¢, the issuance of a building permit for the 25th dwelling unit, the second to be constructed prior to the issuance of a building permit for the 57th d~[~lltng unit. 2. A she].t~r building, pool deck and facility for picnics and other family gatherings at each swimming pool, to be constructed simultaneously with the construction of each swimming pool. 23 Two tennis courts, the first to be constructed prior to the issuance of a building permit for the 25th dwelling unit, the second to be constr~/oted prior to the issuance of a building permit for the 57th dwelling unit. 4. Two racquet ball courts, both to be constructed prior to the issuance of a building permit for the 57th dwelling unit. 5. A recreation center which shall be developed prior -' to the issuance of a building permit for the 57th -~' dwelling unit. 6. Recreation open space/playground areas as shown on the project master plan. 7. A systom of walk/Jog/bike pathways as shown on the project master plan which shall be developed in pace with the adjoining residential and recreational structures. 8.3. RECREATION FACILITX MAINTENANCE AND MANAGEMENT RESPONSIBILITY Recreation facilities shall be maintained and managed by the project developer until such time as they have been transferred to a project homeowners association at which time the homeo~mers association shall assume maintenance and management responsibility. ~,00~ 054PAC.£ 41 STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing Aa a true copy of: OrdAnance No. 92-47 whAch was adopted by the Board of County ConuaAsaAoners on : the 21at day of July, 1992, during Regular Session. WITNESS 'my hand and the official seal of the Board of County C~mmAssAoners of Collier County, Florida, this 23rd day of July, 1992. Ex-OffiCio tO Boar~ of.~!.", ,...; .... ::~?. ~ , ' .~{ County Commts~toner~. ~3.'  ~ .,.~ . . ~, ~ %" ' By: /s/Maureen Kenyon'':~'." Deputy Olerk .':. ~.~ ....