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Ordinance 91-087 ORDINANCE 91- 8__7 sAN ORDINANCE MENDING ORDINANCE .,MBER T.Z COMPREHENSIVE ZONING REGULATIO.S "PUD", PLANNED UNIT DEVELOPMENT, KNOWN AS LAKE AVALON PUD, FOR A MIXED USE COMPLEX (MIXED USES INCLUDING COMMERCIAL AND RESIDENTIAL), FOR PROPERTY LOCATED ON THE SOUTH SIDE OF US-41 EAST AND ON THE NORTH SIDE OF OUTER DRIVE, LYING IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 126 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the residential portion of the I~tke Avalon Planned Unit Development (PUD), which permits 469 dwelling units at a density of 3.7 units per acre, has been found to be inconsistent with tile Density Rating System contained in the Future Land Use Element: of the Growth Management Plan; WtIEREAS, 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 with the Future Land Use Element of the Growth Management Plan; NOW THEREFORE BE IT ORDAXNED BY THE BOARD OF COUNTY COMHISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION. ONE: The Zoning Classification of the herein described real property located in Section 13, Township 50 Sou'th, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD", Planned Unit Development, in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein and by refer~nce made part hereof. The Official Zoning Atlas Map Number 0513S, as described in Ordinance Number 82-2, is hereby amended accordingly. Ordinance Number 83-36, known as the Lake Avalon PUD, adopted on July 26, 1983 by the Board of County Commissioners of Collier County, Florida, is hereby repQaled in its entirety. 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 16 day of ~4~omh ,~___, 1991. ~ ''A~EST= · ~/',~ BOARD OF COUNTY COMMISSIONERS ,~ &'JAM~S..C.' .~ZL~, Clerk COLLIER COUNTY FLORIDA .. ;,,,'..( ':;: , .. % '~ .... "'"z :" .? '. "'-%~ .' '!:"": CHAImlA~ . ... ~ " ~, ;' ,..' ..-.[- .-<..:: ' .'.'z.,~..' ~ls o~{nance flied wi+h the ~ ' ' ~cceta~ of St~e~s~f.~ . ~i.~, , xnr~ l~e ~. S~fdene ~day of~,~..~_t ~KE AVALON P~%NNED UNIT D~VELOPMENT DOCUMENT " Prepared Wilson, Miller, Barton & Peek, Inc. 3200 Bailey ~ane at Airport Road Na~l~, Florida ]3942 · Date Approved by BCC September 16~ 1991 Ordinance Number LAKE AVALON PLANNED UNIT DEVELOPMENT DOCUMENT DISTRICT ZONE: PUD A. PERMITTED PRINCIPAL USES AND STRUCTURES: Multi-family dwellings; recreational lands, structures and facilities; temporary sewage treatment faciliti~s; commercial 'Uses as permitted by the C-3 District at the time of adoption of this P.U.D. District. B. PERMITTED ACCESSORY USES AND STRUCTURES: ' Accessory uses and structures which are customary in lakefront multi-family residential communities, in community recreational areas, and in convenience commercial areas; a security gatehouse in the median of the divided entrance drive; a 6' chainlink security fence along the project boundary; administrative and sales offices which offices may be located in temporary or permanent structures and may be located within a residential, recreational or commercial _ structure. C. M~d(IhUM GROSS PROJECT DENSITY: ].0 units per 'acre. Total dwelling unit count shall not ?- exceed 378. ~i D. D~?ELOPMENT STANDARDS: _i' . 1. MULTI-FAMILY SITES~ i~/. a. Minimum setback from public right of way: 25 feet Minimum setback from private street back of curb: 20 feet. b. Minimum waterfront yard: 20 feet from control elevation of lake. c. Minimum rear yard (non-waterfront): 25 feet d.Minimum side yard: 1/2 the building height, but not less than 10 fee,~ -1- e. Maximum building height: as indicated on the approved Master Plan. f. Minimum dwelling unit floor area: 750 square feet g. Minimum offstreet parking spaces: 2 spaces per dwelling unit. '~. SINGLE FAMILY SITES: As required by the RSF-4 District at the time of passage '~" of this P.U.D. 3. COMMERCIAL SITES: AS r~quired by the C-3 Dlstr£ct at the time of passage of · . ' this P.U.D. 4. RECRF2%TION FACILITIES: Minimum separation between recreation buildings, tennis court fencing or other recreation structures taller than five feet and the control elevation of the lake or any boundary of the recreation commons on which the building or structure occurs: 20 feet. E. MULTI-FAMILY DWELLING UNIT DISTRIBUTION: T~,oCor more adjoining multi-family sites may be joined to become a single development site. with the approval of the Development Services Director or his designee, changes in side lot line location and in heights of multi-family dwelling units indicated on the Master Plan may be modified, so long as the total multi-family dwelling unit count does not exceed 378 units. F. MASTER PLAN: The approved Master Plan shall constitute the approved Subdivision Master Plan. -2- 1. Article X, Section 16~ The requirements for sidewalks, ~le p~ths, and ~ccess paths shall be waived, except that the developer shall install a 5 ft. wide sidewalk entirely around the edge of the lake, and a sidewalk on one side of the roadway from US 41 to Lombardy Street. 2. Article X, Section 19~ Street name signs shall be · app-~v~d by the County Engineer, but need not meet the U.S.D.O.T.F.H.W.A. ~anual of Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived, except striping at the principal entry way intersection with US 3. Article X, Section 21: The developer or his successor in title '~hall pay his proportionate share of the costs of any future traffic signal system at the time such systems are constructed, with the cost share to be determined by the 9overnmental agency having Jurisdiction over the installation of such traffic systems. 4. Article X, Section 24: Spare utility casings shall be installed in ac'corda6ce with the development plans, to be revi{~wed and approved by the County Engineer. 5~ Article XI~ Section 10: Permanent reference monuments :'' 'And permanent control 'points shall be installed in the manner and at the locations prescribed in Chapter 177 of the Florida Statutes. Where such monuments occur within stre,~t pavement areas, they shall be installed as prescribed in Chapter 177, and shall not be required to be installed in a typical water valve cover. 6. Article XI{ Section 17~ F. & G.: Dedicated public street pavement widths and right o~ way widths shall comply with the typical cross sections of the County Subdivision Regulations. Private street right of way widths may be 50', with the street cross sectional design subject to approval by the County Engineer. 7. Article XI, Section 17, I.= Back of curb radii at street intersections shall be a minimum of 30 ft. 8. Article XI, Section 17, K.: The requirement for 100 ft. tangent sections between reverse curves shall be waived, where approved by the County Engineer. ~!.' g..Article XI..~ Section 2!: Th~ requirement for blank 12" {~' " utility casings ~hall be waived~ utility casings to be ..installed per. approved development plans. H. TI~AFFIC: Subject to F.D.O.T. approval, the ,~eveloper or his assigns shall provide appropriate left a~ right turn storage lanes o, U~.4~.~a~ ~he pro~ec~ en~ren~, drive. I. UTILITIES= The stipulations of the attached memorandum from the Utilities Administrator dated March 1, 1983 are hereby incorporated in this PUD Document. STATEMENT OF COMPLIANCE The development of 126 acres of property in Section 13, Township 50 South, Range 25 East, of Collier County, Florida, as the Lake Avalon Planned Unit Development will comply with the Collier County Growth Management Plan for the following reasons: 1. The proposed land use is compatible with the surrounding ~ses. 2. ~e':proJect Shall comply with all applicable County, State and Federal laws regulating development of the property. 3. The project will he served hy County approved potable water. 4. The project will he served by an on-site wastewater treatment plant until County service is available. 5. The"~'~perty'is loc'~ted"in the Urban Coastal F['lnge Area and the Traffic Congestion Area as designated on the Future Land Use Map and in the Future Land Use Element of the Growth ~anagment Plan. The base project density at 3 units per acre conforms with the Density Rating System contained in the Future Land Use Element. Interconnection with adjacent .properties is not appropriate. .~'~. TO: Mary Lee Layne, Director, Plans Implementation Department FROM~ I.L. Berzon, Utilities Administrator · DATE: March 1, 1983 SUBJECt: Petition R-83-2C, Lake Avalon .: reviewed the referenced petition and have no objection to the rezone as requested. However, we require the following stipulations as a condition to our recommendation for approval: 1) Attachment No. i made a .part hereof. 2) That a letter of commitment from the City of Naples regarding water service be submitted to this office prior to approval of the construction documents. 3). We require a written agreement with the developer of the project, lmgally acceptable to the County Water-Sewer District, stating that: · ' a) The proposed on-site wastewater treatmont facilities to be constructed as part of the proposed project must be regarded as interim; be constructed to State Standards and operated and maintained by the D(~veloper until connection to the County's Central Sewer System is available. Upon connection to the County's Central Sewer System, the on-site wastewater treatment facility shall be abandoned and removed by the Developer at no cost to the County or the County Water-Sewer District. b) Connection to the County's Central Sewer Faciliti~s will be made by the ownurs, their assigns or successors at no cost to the County or to the District within 90 days after such facilities become available. specifications related to connections to the county's Central Sewer Facilities will be submitted for review and approval prior to commencement of construction. d) The Developer, his assigns or successors shall be responsible for refitting the on-site lift station sewage pumps, as required, at the time the project is connected to the County's Central Sewer System. Design computations for pump modification must be submitted and approved by the Utility Division. e) The owner, their assigns or successors shall agree to pay all system development charges at the time that building permits are requested, pursuant to the appropriate County and City ....... ordinances and regulations in effect at the time of permit reques=. XL~/J~M/bJ . Attachment cc: Robert Lockhart, Wilson, Miller ~.,~... B~r~on, Soll& Peek -, .. ¢~ ATTACH}4ENT No. i - UTILITY DIVISION POLICY STIPULATIONS 1) Ail construction plans and technical specifications for the proposed Utility Facilities must be reviewed and approved by the Utility Division prior to commencement of construction. 2) All on-site and off-site Utility Facilities constructed by the Developer in connection with the Development shall be constructed to County Standards at no cost to the County and shall be deeded to the county Water-Sewer District, in accordance with applicable County Ordinances and Regulations. All customers connecting to the sanitary sewer facilities will bs customers of the County Water-Sewer District and will be billed in accordance with a rate structure approved by the County. Review of the proposed rates and subsequent approval by the Board of County Commissioners must be completed prior to activation of the collection transmission system and wastewater treatment facility servicing the project. Rate reviews must be in full compliance with County Ordinance No. 76-71 as amended, revised or superseded. 4) All construction on the proposed sanitary sewer system shall utilize proper methods and materials to insure water tight conditions. 5) Appropriate Utility Easements dedicated to the County Water-Sewer District must be provided for the proposed Water and Sewer facilities to be constructed, when they do not lie within public '' < rights-of-way or Utility Easements. 6) Data required under County Ordinance No. 80-112 must be submitted and approval granted prior to approval of the construction documents for the project. Submit a copy of the approved DER permit application for the sewage collection and transmission system and a copy of the approved DER permit application and construction permit for the wastewater treatment facility to be utilized. LA8.2391 Property described as lying in Section 13, TownshiD 50 South, Range 25 East, beginning at the West 1/4 corner of Section 13 run East 2854.07 feet, thence run South 38' East 96.45 feet, then=e run East 257.18 feet, thence run South 39' East 593.81 feet, thence run South 38' West 368.67 feet, thence run Northwesterly along curve 161.85 feet, thence run South 79' West 538.60 feet, thence run South 33' West 574.84 feet, thence run South 35' West 300.995 feet,.thence run Southwesterly along curve 184.95 feet, thence run South 256.19 feet, thence run West 120 feet, thence run South 140 feet, thence run West 200 feet, thence run North 171.23 feet,, thence run Southwesterly along curve 31.45 feet, thence run South 161.83 feet, thence run West 350 feet, thence run North 80.32 feet, thence run southwesterly along curve 60.25 feet, thence run South 170.81 feet, thence run West 220 feet thence'run North 174.40 feet, thence run Northwesterly along curve 223.82 feet, thence run South 52.14 feet, thence run West 320 fe~t, thence run North 203 feet, thence run '' Northwesterly along curve 72.56 feet, thence run South 63.80 feet, thence West 200 feet, thence run North 240.55 feet, thence run West 60 feet, thence run South 240.12 feet, thence run West 100 feet, thence run North 1859.98 feet to the Point of Beginning, as recorded in Official Record Book 1406, Page 1949-54. · ? LD8.291 STATE OF FLORIDA ) 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. 91-87 which was adopted by the Board of County Commissioners on the 16th day of September, 1991, during Special Session. WITNESS my hand and the official seal of the Board of County Commiss~oners of C~llier County, Florida, this 24th day of September, 1991. JAMES C. GILES .... Clerk of Courts and Cle ~'~'~%~$ ~."' Ex-officio to Boa.rd of ' .o]. ' '. - County Commis~io~ne~ /,.