Loading...
Ordinance 91-018 ORDINANCE 91- 18 ORDIHANCE AMENDING ORDINANCE NUMBER  2-2 THE COMPREHENSIVE ZONING REGULATIONS )R THE UNINCORPORATED AREA OF COLLIER )UNTY, FLORIDA BY AMENDING THE OFFICIAL ~66~R~J )NI}~G ATLAS MAP NUMBER 50-26-3 BY //~ l HANGING THE ZONING CLASSIFICATION OF THE 'c~ EREIN DESCRIBED REAL PROPERTY FROM "A-2" AGRICULTURE TO "PUD" PLANNED UNIT ~'~ DEVELOPMENT KNOWN AS PELICAN LAKE FOR A "i~/ ~ MULTI-FAMILY PROJECT; FOR PROPERTY ~ ~/. LOCATED ON THE NORTH SIDE OF DAVIS ~ BOULEVARD APPROXIMATELY 1 1/2 MILES EAST OF AIRPORT-PULLING ROAD (CR-31) ~'~ CONTAINING 20.4 ACRES, MORE OR LESS, '~ LOCATED IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Aubrey Wood, of Aubrey Wood and Associates, Inc., representing GMA Development Corporation, 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: .~: The Zoning Classification of the herein described real property located in Section 6, Township 50 South, Range 26 ~ast, Collie~ County, Florida, is changed from "A~2'' Agriculture to "PUD" Planned Unit Development in ~ccordance %;ith th~ PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 50-26-3, as described in Ordinance Number 82-2, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. Words ~Dderl~Be~ are additions; Words st~uek-th~ou~h are del~tions. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 12th day of February . , 1991. DATE:. .. February 12, 1991 BOARD OF COUNTY COF~4ISSIONERS ~:'?,?., ~,%%~ COLLIER CO~TY, FLORIDA ~ES C. GILES,~LERK PATRICIA ANNE GOODNIGHT, ~IRPERSON ~P~O~f~'~[%~d FOra AND LEGAL SUFFICIENCY ~OR~ M. STUDENT ASSIS?~T COUNTY A~ORNEY Words underlined ara additions; Words s~uck-,'.h~ou~h are dcletlons. PELICAN LAKE A PLANNED UNIT DEVELOPMENT COLLIER COUNTY PREPARED FOR: G)~A DEVELOPMENT CORPORATIOI; 4100 Corporate Square, Suite Florida ~ , ~apAes, 33942 ~: DATE REVIEWED BY CCPC .~ .: DATE REVISED 10 2~ ':'i ~ .~:'! ' DATE REVISED ~./:l, 1 / 9:1. DATE APPROVED BY BCC 2/12/91 ORDINANCE NS~B ER EXHIBIT "A" PELICAN LAKE PUD INDEX · - PAGE INTRQDUCTION 2 SECTION I. PROPERTY O~.~NERSHIP AND DESCRIPTION 3 SECTION II. PROJECT DEVELOPMENT 4 SECTION III. MULTI-FAMILY RESIDENTIAL 7 SECTION IV. WETLAND PRESERVE 9 SECTION V. DEVELOPMENT COMMITMENTS 10 · ' INTRODUCTION · Intention "~, ' ' The .GMA Development Corporation intends to establish a Planned ~ Unit Development on lands as described in Section I. of this ~ ~.i document. ~Statement of Compliance 'Tho project is intended to be in substantial compliance with the applicable general zoning and subdivision regulations as well as other development codes in effect at the time permits are requested. The project will be consistent with applicable Comprehensive Plan Documents for the following reasons. 1. The development of the subject property will be consistent with the Future Land Use Element of th~ Growth Management Plan and in particular the provision of the Density Rating System. The density of this project will be 4 dwelling units per acre if interconnection is provided with adjacent land otherwise 3 dwelling units per acre as provided by the provisions of said Density Rating System. 2. The pro~ect development is compatible and complementary to the surroundings land uses. 3. Improvements ale planned to be in compliance with applicable regulations. . 4. The project development will result in an efficient and .~,' economical extension of community facilities and services. PELICAN LAKE SECTION I. PROPERTY OWN~SHIP AND DESCRIPTION 1.1 Purpose The purpose of this Section is to provide the legal 'description, ownership and description of the existing conditions of the lands to be utilized in the Planned Unit. Development that is intended to be established by the GMA Development Corporation, hereinafter called the "Applicant" or "Developer". The purpose of the Planned Unit Development is to provide the standards, and set forth the guidelines for future development of tbs property. The Planned Unit Development shall bm known a~d cited as "Pelican Lake". 1.2 Description of Property Area The subject property is located on the north side of Davis Boulevard (SR-84), approximately i 1/2 miles east of Airport-Pulling Road (CR-31). The property is bounded on the north and west by Moon Lake PUD, on the east by unplatted property and on the south by Davis Boulevsrd (s~-s4). The current zoning fcr this property ha~ been established as Agriculture. (A-2). 1.3 Lega~ Description i~/'.. The East Half of the Southwest Quarter of the Southeast Quarter less the Southerly 75 feet thereof for State Road Right-of-Way, in Section 6, Township 50 South, Range 26 · ' ~ast, Collier County, Florida· 1.~ Ownership The subject property is owned by Jayell Company, Et Al, c/o Aubrey Woods and Associates, Inc., 8001 Radio Road, Naples, Florida 33942. The subject property is under a sales contract to GMA Development CorpOration, Jacob Nagar, President, 4100 Corporate Square, Suite 150, Naples, Florida "33942. -3- PELICAN LAKE SECTION II PROJECT DEVELOPMENT 2 · 1 Purpose ~, '. The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses included in the project, as well as the project · criteria. ~2.2 General · Regulations for development of Pelican Lake shall be in accordance with the contents of this document, Section " 7.27, PUD, of the Collier County Growth management Plan, and other applicable sections of the Collier County Zoning Ordinance. Unless otherwise noted, the definitions set forth in the Collier County Zoning Ordinance. Where specific development standards are not addressed in this document then the current applicable Collier County ZDning Code or Ordinance will apply. ,, .2.3 Related Project Plan Approyal Requirements A. Prior to the recording of a Record Plat and/or Condominium Plat as may be necessary for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier .~ County governmental agency to insure complianc~ with the PUD Master Plan, the County Subdivision ~ Regulations and the platting laws of the State of · Florida. B. Exhibit "A"/ PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Subdivision Master Plan shall be submitted for the entire area covered by the PUD Master Plan if applicable. Any division of property and the development of the land shall be in compliance with the Subdivision Regulations, and the platting -' laws of the State of Florida. .C. The provisions of Section 10.5 of the Zoning Ordinance when applicable shall apply, to the development of all platted tracts, or parcels of land as provided in said Section 10.5 prior to the issuance of a building pQrmit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit ghall be required to submit and receive approval of a Subdivision Master Plan in conformance with requirements established by Article IX Section 3 of the Subdivision Regulations, or any subsequent amendment relating thereto prior to the submittal of construction plans and plat for any portion of the trach or parcel. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.4 Plan and Land Us~ Tracts The project plot plan is shown on the accompanying drawing titled Exhibit "A", P.U.D. "Master DeveloDment Plan". The drawing shows the location of all proposed buildings, drives, parking areas, water management areas and recreation facility. Tract A: Multi-family Residential 14.8 acres Tract B: Wetland Preserve 5.1 acres In addition to the various areas and specific items shown on Exhibit "A", utility, private, semi-public, etc., easements shall be established withiD the project as necessary for the service, function or convenience of the project's inhabitants. 2.5 Project Density The ~otal acreag~ of the Project is approximately 19.9 acres. The maximum number of dwelling units to be built on the total acreage is 80 dwelling units provided an interconnection can be provided with an adjoining property otherwise a maximum of sixty (60) dwellin~ units is hereby approved. 2.6 Dovelopment Sequenc~ and Schedule The applicant contemplates development of Pelican Lake Club in one (1) phase. Phase One (1) is planned for the d.~velopment of Buildings A thru J and will total 80 or 60 residential units pursuant to the provisions of Section 2.7 Easements . Easements for water management areas and facilities, utilities and any other use or purpose a~ may be needed for the proper development of Pelican Lake, ~hall be provided in substantial compliance with the Collier County platting regulations. Ail easements shall be granted to the proper entity to insure continued operation and maintenance. 2.8 Conditional Density Should the developer of Pelican Lake legally establish and physically bring about an tnterconnection with the Moon Lake Road system whereby residents of both projects may freely utilize the combined roadway system then the number of dwelling units that could otherwise be constructed in Pelican Lakes shall be eighty (80) dwelling units; other%/ise Pelican Lakes is authorized for sixty ((so) dwelling units. PELICAN LAKE SECTION III MULTI-FAMILY RESIDENTIAL 3.1 Purpose '.... The purpose of this Section is to set forth the development plan and regulations for the area designated as multi-family residences. 3.2 Maximum Dwelling Units A maximum number of 80 multi-family dwelling units may be construoted subJech to the provisions of Section 2.9. 3.3 Uses Permitted ~o building or structures or part thereo~, shall be erected, altered or used, or land used, in whole or in Dart, for other than the following: 3.3.1 Principal use 1.Low rise multi-family residences. Maximum three (3) story structures. - 2. Driveways and parking areas. . 3. Water management facilities. 4~ Natural open space. 3.3.2 Accessory Uses A. Customary accessory uses and structures, including garages and carport, swimming pools, tennis court, recreational and utility buildings. B. Signs are permitted by applicable county · '' ordinance. C. Temporary Wastewpter Treatment Plant. D. In conjunction with thu promotion of the development, apartment~ may b. designated as models. Such model apartments shall be converted to residential status within a two (2) year period, unless otherwise specifically approved by the applicable County authority. E. The excavation of earthen material and its stock piling in preparation of. water management facilities or to otherQise develop water bodies i~! hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions. (i) Excavation activities shall comply with the definition of a'"development excavation" pursuant to Ordinance No. 88-26 whereby off-site removal shall not exceed 20,000 cubic yard~. (ii) All other provisions of Ordinance 88-26 shall be applicable. 3.4 Development Standards 3.4.1 General AiL criteria listed below shall be understood ~o be in relation 4o respective tract boundary lines or between % buildings. · 3.4.2 Minimum Yards Pr.~ncipal Structures: Front: Thirty (30) feet; Rear:Thirty (30) feet from property boundary; .. , Between Structures: 1/2 sum of heights or 20 feet for 2 story buildings, whichever is greater. Side: 20 feet for 2 sto~ buildings 3.5.3 Minimum Floor Area The minimum floor area of dwelling units'shall be 750 square feet. 3.5.4 Maximum }{eight Principal Structures: Maximum height shall be thirty five (35) feet for multi-family residential. structures. Accessory Structures: Maximum height shall be fifteen (15) f.et for all accessory structures. 3.5.5 Minimum Off Street Parking Required parking shall be two spaces per unit. ·' . W~LAND AND PRESERVE 4.1 Purpose The purpose of this Section is to set forth the development land plan and regulations for the area designated as Tract B, park and preserve on Exhibit "A". 4.2 Uses Permitted No portion of Tract B shall be utilized for other than the following: 4.2.1 Principal Use A. Wetland Preserve Area ..:.:3~. ,. 4.2.2 Accessory Use ~'.~' A. Park Site i~. . 4 · 3 Development Regulations ~:':" No maJo~ facilities or structures are proposed to be 1': constructed in Tract B. Land clearing will be performed in ~ accordance with Section 8 7 B to remove exotic plant · species. Some vegetative removal may be required for !' walking paths or picnic areas in Tract B, subject to approvals in accordance with applicable Collier County Ordinances. PELICAN LAEE SECTION V DEVELOPMENr COMMITMENTS '5.1 Purpose The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 General All facilities shall be constructed in strict accordance with Final Site Development Plans and all applicable State and local laws, codes and regulations. E;:cept where specifically noted, or otherwise stated, the standards and specifications of the current official County.Zoning Ordinance shall apply to this project. The developer, his successor and assigns shall be responsible for the commitments outlined in the document. The developer, his successor or assignee shall agree to 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 the developer will agree to convey to any successor or assignee in title any commitments within such agreement. 5'.3 PUD Master Plan 5.3.1 Exhibit "A" PUD Master Plan iljustrates the proposed % development. Minor site alterations may be permitted subject to Section 7.27J of the Zoning Ordinance. 5.3.2 All necessary easements, dedications or other instruments %hall be granted to. insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 Schedule of Development A"Site Development Plan shall be submitted per current County regulations. Phases of development may include construction of residential, social or recreational structures, roadway or lake construction or construction of on site utility treatment facilities. Excavated material from the project in exces~ of 10% (to a maximum of 20,000 -11- cubic yards) of the total volume excavated may be removed from the development. The removal of mat~rial will be in full accordance with the requt, rements of Ordinance 88-26. 5.5 Time Limits for Development to Proceed Following Approval the Landowner(s) shall: 1. Obtain a development order for infra~tructure improvement~ to Include utilities, roads and similar improvements required by the approved PUD Master Plan for at least fifteen (15%) percent of the ~ro~s land area of the PUD site within five (5) years of the date of approved by the Board of County Commissioners; and 2. Receive final local development orders for at least .. fifteen (15%) of the total number of approved dwelling '" units, or in the case of PUD's consi~ting of non- residential uses, thirty (30%) of the total approved gross leasable floor area within the PUD site within : six (6) years of the date of approval by the Board of County Commissioners in the event this schedule is not ,,."i achieved the Board may, after written notice and · < hear lng: '!", 1. Void the PUD approval, and init{ate proc~eding to ~' rezone the property to any classification as may ~.i!" be deemed appropriate. ~? 2. Amend any portion of the PUD Master Plan, or its !i~ associated development conditions. 3. The fee simple owner(s) of the land upon which the PUD site exists may petition the Board Of County Commissioners to extend expiration dates as identified %in this Section. .,~.. 5.6 Offsite Roadway Improvements ".~ " At the time the intersection of SR-8~ and Pelican Lake ~.' entrance is constructed, right turn deceleration and left ' turn storage lanes will be constructed within the SR-84 ~i.'i' right of way, using standard DOT plans, if required. · 5. $ Sidewalks ~ S~dewalks shall be installed to connect the project with ~. Davis Boulevard and Moon Lake P.U.D. as shown on Exhibit i" Sidewalks shall be installed to connect all buildings and the club house with each other. Sidewalks within the Project shall be provided. Sidewalks shall be five feet in width along Davis Boulevard and four (4) feet in width within the project. 5.8 Underground Utilities ' Underground telephone, electric power and cablevision utilities shall be installed throughout the Pelican Lake :~:~- project so as to serve each building site. 5.9 Water and Sewer · '5,9.1 A potable water distribution system and a sanitary sewer collection system shall be constructed throughout the Pelican Lake project. The systems shall be ultimately connected to the Collier County ~' Water-Sewer District for water and ~ewer service. On-site wastewater treatment and disposal facilities ?: are to be constructed as part of the project and will .be regarded as interim until Collier county,s off-site '.. sewer facilities are able to service the DroJect. All water and sewer facilities and appurtenances shall be constructed pursuant to all requirements of Collier County and the State of Florida that are in effect at the time of construction. No construction shall begin until all plans and specifications and other technical data, as may be required, have been approved by Collier County. The water and sewer facilities shall be constructed within easements to be dedicated to Collier County. Upon completion of construction, all sewer and water '~- facilities will be tested to insure compliance with % minimum standards as required by Collier County. All water and'sewer facilities will be deeded to the County pursuant to County Ordinances, regulations and prodecures. ~ All water and sewer lines must be accepted by the County prior to being p!aced in · service. 5.9.2 Water and Sewer Requirement~ ~ 1) Water distribution, sewage collection and ~: '' transmission and interim water and/or sewage treatment facilities to serve the project are to .' be designed, constructed, conveyed, o'~ned and ~,": maintained in accordance with Collier County Ordinance No. 88-76, a~ amended, and other applicable County rules and regulations. '~!~' 2) Ail customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County 'i~J" and will be billed by the County in accordance with the County's established rates. Should the ' County not be in a position to.provide water and/or sewer service to the proJect,'..the water and/or sewer customers 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. .~. 3) 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 sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. Th~. .. agreement must be legally sufficient to the County, prior to the approval of construction .. ~ documents for the project and be in conformance with the requirements of Collier County Ordinance No. 88-76, as amended. 4) The 6n-site water distribution system to serve the project must be connected to the District's 16 inch water main on the north side of Davis ~i Blvd., extending eastward to the project's ~ entrance roadway and looped to the District's distribution system within the Moon Lake PUD. '' During design of these facilities, the following features shall be incorporated into the distribution system: (a) Dead ond mains shall be eliminated whenever possible by looping the internal pipeline network. ..~ ~ ' -14- ffi 30 5) The utility construction documents for the project's sewerage system shall b~ prepared to contain the design and constr~ction of the on-site force main which will ultimately connect the project to the future central sewerage facilities of the District in the Davis Blvd. rights-of-way. The force main must be extended from the main on-site pump station to the north rights-of-way line of Davis Blvd. and capped. It must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. 6) Prior to approval of constru,~tion documents by the County, the Developer mu:~t present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial righ=s to the Developer to provide sewer service to the project until the County can provide these services through its water and sewer facilities. 5.10 Environmental Considerations 5.9.1 Landscaping A. Petitioner ~hall be subject to Ordinance' 75-21 (or the tree/vegetation removal ordinance in existence at the time of pe~itt~ng), requiring % the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to Environmental Resource Management and the Community Development Division for their review and subject to their approval prior to any work on the site. This plan may be submitted in phases ~co coincide with th~ development schedule. The site clearing plan shall clearly depict how the final site layout incorporated 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. B. Native species shall be utilized, as described below, in the site landscaping plan. A landscaping plan for all landscaping on the development shall be s~bmitted to the County Landscape Architect and to a County Environmental Specialiut for their review and shall be subject to their approval. The land.3cape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs and 60% of the groundcover shall be native species. At the direction of the County Landscape Arcl%itect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of groundcover. For example, the use of 70% native trees could allow the use of only 50% native groundcover. This plan shall 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. All exotic plants, as defined in the County Code, shall be removed during esch phase of construction from development areas, open space areas and preserve aream. Following site development a maintenance program ~hall be implsmsnted to prevent reinvasion of the site by such exotio species. Thi~ plan, which will describe control techniques and inspection intervals, shall be filed with and subJzct to approval by Environmental Resource Management and the Community Development Division. If during ths course of site clearing, excavation or other constructional activities, an archaeological or historical site~ artifact or other indicator is discovered, all development at that location shall be immediately stopped and Environmental Resource Management notified. Development will be suspended for a sufficient length of time to enable Environmental Resource Management or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. Environmental Resource Management will respond to any such notification in a timely and efficient manner so a~ to provide only a minimal interrupt~on to any construction activities. 5.9.2 One area totaling approximately 5.1 acres found in the northeastern reaches of the parcel (i.e., Tract "B") shall be designated as wetland preserve. Prior to any construction in the vicinity of this preserve, boundaries must be flagged by the petitioner and subject to the review and approval of Manager of Project Review Services. 5.10 Water Management Considerations 5.10.1 Detailed site drainage plans shall be lubmitted to the Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. 5.10.2 An excavation Permit will be required for the proposed lake in accordance with Collier County Ordinance No. 88-26 and South Florida Water Management Dis'~rict Rules. 5.10.3 A 25 foot wide strip of land along the entire Davis Boulevard frontage shall be dedicated for use as a future easement for ditch construc~ion end maintenance purposes. 5.11 Traffic Considerations 5.11.4'Subject to Florida Department of Transportati~ approval, the developer shall provide left and right turn lanes on Davis Boulevard at the project entrance. 5.11.5 The developer shall provide arterial level street lighting at the project entrance. 5.11.6 The devel6per shall provide 5 feet of easement along the north side of Davis Boulevard for turn land and bike path us%s. 5.11.7 The developer shall provide an 80' wide by 60' right- ,, of-way (easement) for drainage purposes at the southeast corner of the project adjoining Davis Boulevard. 5.11.8 All traffic control devices used shall conform with tho "Manual on Traffic Control Devices", Chapter 316.0747, Florida Statutes. 5.22.9 These improvements are considered "sit~ related" as defined in Ordinance 85-55 and shall not be aDplied as credits toward any impact fees required by that ordinance. 5.12 Maintenanc~ of 09eh Areas and Common Aruas Maintenance of any open or common area of Tracts A and B, · including water management facilities, will be the responsibility of the developer until the Home Owner's Association assumes the maintenance responsibility as set forth in the protective convenants and other related documents. .PELICAN LAKE PUD md ./STATE OF FLORIDA ' COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for ~h~ ~Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 91-18 ~, ~: which was adopted by the Board of County Commissioners on the 12th day of Februar,£, 1991, during Regular Session. WITNESS my hand and the official seal of the Board of '' "County Commissioners of Collier County, Florida, this 19th · day of February, 1991. ; , ' JAMES C. GILES ~,~ ',. · ...... '~,; ~,' · Clerk of Courts and G.l'erk",'~,.~,[{~ ~" ,, :'~?-' , Ex-officio to Board County Commtssione~"" ~x' '... ~...;?,.:..'.?.. j, , ~." . ',. i'.. Deputy Clerk''~, ',', .'; ".' :, , /~'.'.:.. "~... ',!.t .: ,.