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Ordinance 91-045 ORDINANCE NO. 91- 4~ AN ORDINANCE AMENDING ORDINANCE NUMBER 83-46, WHICH ESTABLISHED BERKSHIRE LAKES PUD, AS AMENDED, BY AMENDING THE LAND USE SCHEDULE, SUBSECTION 2.07, LAND USES, SECTION II PROJECT DEVELOPMENT, BY INCREASING THE MAXIMUM NUMBER OF DWELLING UNITS FOR R-1 RESIDENTIAL SINGLE-FAMILY USES AND DECREASING THE MAXIMUM NUMBER OF DWELLING Lq~ITS FOR R-2 RESIDENTIAL MULTI-FAMILY USES; AMENDING PERMITTED VARIATIONS OF DWELLING UNITS OF SUBSECTION 2.09, SECTION II, PROJECT DEVELOPMENT, BY DELETING ALL REFERENCES TO FLEXIBILITY FOR INCREASING OR DECREASING MAXIMUM NUMBER OF DWELLING UNITS; AMENDING THE ESTIMATED MARKET ABSORPTION SCHEDULE OF SUBSECTION 2.10, DEVELOPMENT SEQUENCE AND SCHEDULE, SECTION II, PROJECT DEVELOPMENT, BY INCREASING THE PHASE III, PHASE IV A/ID TOTAL NUMBER OF R-1 DESIGNATED DWELLING UNITS AND BY DECREASING ~/~%9~%~2SP.~D~. THE PHASE III, PHASE IV AND TOTAL NUMBER OF R-2 /~' · ~ESIGNATED DWELLING UNITS; AMENDING SECTION III,/~ ,INGLE FAMILY RESIDENTIAL R-l, SUBSECTION 3.02, /~ MAXIMUM DWELLING UNITS, BY INCREASING THE MAXI~- NUMBER OF UNITS AND DELETING THE REFEF. ENCE TO ~ SUBSECTION 2 08; SUBSECTION 3 04 06, SIGNS AND ~_ C~rk. MINIMUM OFF-STREET PARKING, BY .~DDING A REFERENC~.~ ~ TO COLLIER COUNTY SIGN ORDINANCE; AMENDING SECTIO~.~ IV, MULTI-FAMILY RESIDENTIAL R-2, SUBSECTION 4.02, MAXIMUM DWELLING UNITS, BY DECREASING THE MAXIMUM NUMBER OF UNITS AND DELETING THE REFERENCE TO SUBSECTION 2.08; SUBSECTION 4.04.06, SIGNS AND MINIMUM OFF-STREET PARKING, BY ADDING A REFERENCE TO COLLIER COUNTY SIGN ORDINANCE; AMENDING SECTION VIII, GENERAL DEVELOPMENT COMMITMENTS, SUBSECTION 8.02, DEVELOPMENT COM]/ITMENTS, BY ADDING PARAGR~H G - HURRICANE EVACUATION, BY PROVIDING FOR COMPLIANCE WITH THE ORIGINAL BERKSHIRE L~KES DEVELOPMENT ORDER; AND BY ADDING PARAGRAPH H - ADDITIONAL COMMITMENTS; BY ADDING COLLIER COUNT~ PLANNING COMMISSION RECOMMENDATIONS AND STAFF o STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE~ WHEREAS, on August 16, 1983, the Board of County Commis~one~ approved Ordinance Number 83-46, which established the BerKshire Lakes Planned Unit Development; and WHEREAS, Ronald L. Hurt of Anchor/American Engineering, representing William T. Higgs, President of Coast Communities Corporation, petitioned the Board of County Commissioners of Collier Cc. unty, Florida, to amend ordinance Number 83-46 by amending the Land Use Schedule, Section 2.09 Permitted Variations of Dwelling Units, Estimated Market Absorption Schedule, Section III Single-Famil,y Residential "R-X" and Section IV Multi-family Residential "R-2"; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: Subsection 2.07, Land Uses of Section II, Project Development of Words-s~=uek-~h~ou~h are deleted; words underl~D~d are added. ordinance 83-46, the Berkshire Lakes Planned Unit Development, is hereby amended by increasing the maximum number of dwelling units for R-1 Residential Single-family Land Use types and docreasing tho maximum number of dwelling units for R-2 Residential Multi-family Land Use types as follows: I2%ND USES The following table is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on Exhibit "H", Master Development Plan and Exhibit H-i, Parcel 'F' Master Plan and Exhibit H-2, Parcel 'A' Master Plan. Minor changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Administrator for approval or denial. The final size of the recreation and open space lands will depend upon the actual requirements for water management, golf course layout, roadway pattern and dwelling unit size and configuration. LAND USE SCHEDULZ APPROXIMATE MAXIMUM LAND USE TYPE ACREAGE NO. OF DWELLING UNITS *1 RESIDENTIAL R-1 Residential Single-Family 178.0 $R5 950 ~-2 Residential Multi-Family 334.33 ~76~5 3.250 COmmERCIAL/MULTI-USE C-! Commercial 42.5 *1 RECREATION AND OPEN SPACE GC Gold Course 82.5 0 (Park/Open Space /green belts) 176.9 Water Management/Lakes 179.8 Major Right-of-Way 99.87 Total 1093.9 Acres 4,200 Residential Dwelling Units · 1 Residential dwelling units may also be provided within tlc C-1 Commercial/Multi-use category provided the total number of dwelling units does not exceed 4200. SECTION TWO: Subsection 2.09, Permitted Variations of Dwelling Units of Section Words-~u~-~h~u~h are deleted; words underline~ are added. II, Project Development of Ordinance 83-46, the Berkshire Lakes Planned Unit Development, is hereby amended by deleting all references to flexibility for increasing or decreasing the maximum number of dwelling units as follows: ~.09 PERMITTED VARIATIONS OF DWELLING UNITS Ail properties designated for residential uses may be developed at the maximum number of dwelling units as assigned by Section 2.04, Pro¥~ded-~ha~-the-app~can~-may-~nerease-~-~ee~ease-~he-ma~mums By-mo~-m~re-~han-f8%z-an~ provided that the total number of dwelling units shall not exceed 4200. The-A~m&n&st~a~o=-sha}}-be ~he-re~u~n~-redue~em-~n-~he-eorre~po~8~mq-re~en~½-~an~-u~e ~ypes-er-e~her-ea~eger~es-~e-~he~-~he-~e~a½-mumber-e~-dwe½½~mg un~%s-aha~-me~-exeeed-4Re8~ SECTION THREE: Subsection 2.10 Development'Sequence and Schedule of Section II, Project Development of Ordinance 83-46, the Berkshire Lakes Planned Un:L: Development, is hereby amended by increasing the Phase III, Phase IV and Total number of R-1 designated dwelling units and by decreasing the Phase III, Phase IV and Total number of R-2 designated dwelling units as follows: 2..l~ DEVELOPMENT SEQUENCE AND SCHEDULE The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated 20 year time period, any projection of project development can be no more than an estimated based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. The following schedule indicates, by years, the estimated absorption of units for the estimated 20 year development period. ESTIMATED MARKET ABSORPTION SCHEDULE PHASE YEARS DESIGNATION I I I I I I I V UNIT 1-5 6-10 11-15 16-20 TOTAL Dwelling Units 235 290 - 230 - 215 R-~ Dwelling Units 800 810 ~888 810 ~86~ 810 C-! Bldg. Sq. Ft. xlO00 100 100 100 75 375 GC, (Golf Course) Acres 82.5 - - - 82.5 Words-s~ruek-eh~ough are deleted; words underliped are added. --3-- SEC.-lION FOUR: Subsection 3.02, Maximum Dwelling Units, Section III, Single-Family Residential "R-l" of Ordinance 83-46, the Berkshire Lakes Planned Unit Development, is her~ by amended by increasing the maximum number of units and deleting the reference to Subsection 2.08 follows: 3.02 MAXIMUM DWELLING UNITS A maximum number of 535 950 dwe].ling units may be constructed in all of the Single-Family Residential parcels~-e~ep~-as-pe~m&%~e~ SECTION FIVE: Subsection 3.04.06, Signs and Minimum Off-Street Parking, Section III, Single-Family Residential "R-l" of Ordinance 83-46, the Berkshire Lakes Planned Unit Development, is hereby amended by adding a reference to the Collier County Sign Ordinance as follows: 3.04.06 SIGNS AND MINIMUM OFF-STREET PARKING: As may be permitted or required by the applicable Collier County $i~n and Zoning Ordinance~ in effect at the time a permit is requested. SECTION SIX: Subsection 4.02, Maximum Dwelling Units, Section IV, Multi-family Residential "R-2" of Ordinance 83-46, the Berkshire Lakes Planned Unit Development, is hereby amended by decreasing the maximum number of units and deleting the reference to Subsection 2.08, as follows: 4.02 MAXIMTJM DWELLING UNITS A maximum number of 976~5 3250 dwelling units may be constructed in all of the Multi-Family Residential parcels=-eM=ep%-as SECTION SEVEN: Subsection 4.04.06, Signs and Minimum Off-Street Parking, Section IV, Multi-Family Residential "R-2" of Ordinance 83-46, the Berkshire Lakes Planned Unit Development, is hereby amended by adding a reference to the Collier county sign Ordinance as follows: g44 129 Words-s~ru¢~-~hr~h are deleted; words underlined are added. -4- 4.04.06 SIGNS AND MINLMUM OFF-STREET PARKING: As may be permitted or required b~; the applicable Collier County Siqn and Zoning ordinance~ in effect at the time a permit is requested. SECTION EIGHT: Paragraph G - Hurricane Evacuation, Subsection 8.02, Development Commitments, Section VIII, General Development Commitments of Ordinance 83-46, the Berkshire Lakes Planned Unit Development, is hereby amended by providing for compliance with the original Berkshire Lakes Development Order, as follows: G. HURRICANE EVACUATION regu~re~-by-%he-Sou%h-F~o~da-Wa~e~-Managemen%-B~s%r~? ~he-eo~e~-eo~ntM-Wa~er-Managemen%-Bepa~tmen~-o~-~he eo~&em-eoun%y-Bu&}~&ng-Bepa~tmant-but-~m-no-=ase-}ess ~essene~-~h~gh-~eg~½a%o~y-~hangesT-~eeommemdat~ms-b? a-p~o~ess~ona~-eng~aee~T-~ensed-end-~eg~see~e~-By She~ers-sha~-be-equ½pped-w~%hlemer~e~y_p~wer_and sh~ers-or-boar~m~ eL A-h~me~wmersZ-ass~e~a~om-sha~-he-~s~ah~½shed-~ PrOv&~e-e~ea%~n-%~-res&~em~-e~meerm&m~-h~rr&emme evae~a~mT-mhe~ersy-e%ev prior to the Dlattinq o~ berkshire Lakes Unit 7~_.~nd w~thi~ the shortes~ reas0Dable time from June ~1, 1991, the developer and Collier county shall aqree upon specific hurricane protection and evacuation measure:~. This aqreement is intended to satis~v the Collie_r_count~ Doard of county ¢0mm~ssioners tha~ tbe. hurricano evacuation m~asures required as p~t of.~be oriqinal Words-serueR-~hrough are deleted; words .underlined are added. ~pproval of the Berkshire Lakes Development-of-Regional- Impact have been either met or adeGuatelv mitiqa~ed. hi The above mentioned agreement shall include, at least in parr. provisions for on-site hurricane shelter. The Berkshire Lakes DeveloDment Order 83-1 shall be amended to include the specific language and reGuirements of said a~ree~gDr, This lanGuaGe will be added to_the Development Order ameDdment which was voted 0[% add appvove~ by the Board O~ Cot:DrY commissioners o~ June 11. 1991, as soon as said Board apprQves th9 specific lanquaqe, bg~ within the limited time frame fur renderinq a Development Order as required by Sect_].on 380.06, Florida Statutes. SECTION NINE: Subsection 8.02, Development Commitments, Section VIII, General Development Commitments of Ordinance 83-46, the Berkshire Lakes Planned Unit Dewelopment, is hereby amended by adding Subsection 8.02(H), Additional Commitments, as follows: H. ADDITIONAL CO~9~I774ENTS 1. AnY Dlattin~ which occurs after May 14. 1991 will provide for ~_idewalks on one side of any continuous road with an ADT of 2.000 which appears as Dart of said Plat, In addition. within Berkshire Lakes Unit 6. based on a current (March. ~991) traffic analysis, a sidewalk shall be installed on one side of Oartmouth Drive and on one side of Lambton Lane West between Dartmouth Drive and Berwick Place.. 2. All excavations permitted within the Berkshire Lakes PUD will be subject to the provisions of Collier County OrdiDa~¢~ 88-26. the Excavation Ordinance. 3. ~_11 future development pa¥cels, whether single famil'~ or multi-family~ shall be reGuired to retain a~ ~east twentY-five percent (25%~ o~ ~he existing~ative ve~etatio~ in existence as of May 14. 1991. 4. Zero lot line house, tow~houses, a~d grou~ housing will not be permitted in Unit 6 add un~% 7 o~ BerF;:hire Lakes, 5. Lots in Unit 6 shall be platted to provide a minimum of 6,300 s~uare feet and 55 feet of frontage, kot sizes in Unit 7 of Berk~ire Lakes will be kept at a minimum of 7.200 s~uare feet with a minimum width of 70 feet, These m~nimum sizes wi~lbe reflected iD the ~Dal plat o~ Un~ 7. No subsequent replattinq may reduce these staDd~rds. SECTION TEN: 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-s~u=k-~h~ough are deleted; words u~_~rli~g are added. --6-- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this llth day of JuI]e , 1991. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: JAMES C. GILES, CLERK PATRICIA ANNE GOODNIGHT, C~AIRPERSON APP$~OVZD AS TO FO~AND LEGAL SUFFICIENCY: ASSIST~T CO~TY A~O~EY nb/5180 ond ~ckno~~,~ Words-s~ruck-~hrough are deleted; words underline__d are added. -7- R-2 PROJECT SUMMARY R-1 :~ 4,.2 Ac ~-2 77,4 Ac :~ ~ket, Co~te~lU~ R'2 R,'W 23.4 AC L ~ 115,1 Ac Ttn'n Club Oavit A ,..,.,,,...,o.:,.,,.,,~. o,...... BERKSHIRE LAKES. .. .. ~..,, ...~,,..~.. ~.~. ,~,,.,., PARCEL 'F' ' MASTER PLAN '.'"'~"'"~""""'~' "-~. U.S. HOME CORPORP(;'iOr". ..~.~. ~...,~ ,~-, ffi fi~.~ 134 AGReeMENT I, William T. Higgs, of Coast Communities, as owner or authorized agent for Petition PDA-91-1/DOA-91-1, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on March 21, 1991. 1. The contradiction between Section 8.13d. and Transportation stipulation No. 21 is clarified by requiring that any platting which occurs after the date of final approval of this amendment (PDA-91-1) will provide for sidewalks on one side of any continuous road with an ADT of 2,000 which appears as a part of said plat. Within Berkshire Lakes Unit 6, based on a current traffic analysis, a sidewalk shall be installed on one side of Dartmouth Drive and on one side of Lambton Lane West between Dartmouth Drive and Berwick Place. 2. County ordinance S8-26 repeals and replaces County Ordinances 80-76 and 83-3. Therefore, all references in the PUD Document to Ordinances 80-26 and 83-3 are hereby replaced with Ordinance 88-26. 3. All future development parcels, whether single family or multi-family, shall be required to retain at least twenty- five percent (25%) of the existing native vegetation in existence at the time of this approval. 4. The petitioner agrees to exclude zero lot line houses, townhouses and group housing from the possible permitted uses for Unit 6 and Unit 7 of Berkshire Lakes. 5. The petitioner agrees to keep lot sizes in Unit 7 of Berkshire Lakes at a minimum of 7,200 square feet with a minimum width of 70 feet. These minimum sizes will be reflected in the final plat of Unit 7. No subsequent replatting may reduce these standards. PETITI0~R AGENT SWORN TO ~diD SUBSCRIBED BEFORE ME THIS ~ DAY OF "q lk-~ , 1991. NOTARY SEAL I~OTA~Y PUBLIC $~^T[ OF FLORIOA 14¥ COMMISSION [~P. APR.27,~995 B0~OED IHRU GEtiERAL IllS. UHO. ~ MY CO~ISSION EXPIRES: ~ SWO~ TO ~D SUBSCRIBED BEFORE ME THIS j~ ~ DAY OF ~_ , 1991 · S~ ~ CO~ISSION EXPIRES: ~.~ ~ ~A~ ~o~..,.,~ PDA-91-1/DOA-91-1 AGREEMENT SHEET md 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 is a true copy of: Ordinance No. 91-45 which was adopted by the Board of County Commissioners on the llth day of June, 1991, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of June, '1991. JAMES C. GILES Clerk of Courts and Cle:qc' Ex-officio to Board of~. County Commissioners /y: /s/Maureen Kenyon ~ Deputy C 1 e ~.k-. "