Ordinance 91-113 ORDINANCE 91- 113
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102 THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE ~,
UNINCORPORATED AREA OF COLLIER COUNTY,
ATLAS MAP NUMBERED 1603N ; BY CHANGING ..'
DESCRIBED REAL PROPERTY FROM "PUD" TO
PLANNED UNIT DEVELOPMENT KNOWN AS
EAGLE CREEK COUNTRY CLUB PUD, FOR :.'
PROPERTY LOCATED ON THE WEST SIDE OF C.R.
951, APPROXIMATELY 1000 FEET SOUTH OF
U.S. 41, IN SECTIONS 3 AND 4, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 298± ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Alan Reynolds of Wilson, Miller, Barton & Peek,
Inc., representing Eagle Creek Properties, Inc., 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;
'% S E C__T I ON ONe:
The Zoning Classification of the her~in described real
property located in Sections 3 and 4, Township 51 South,
Range 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
:~ in-~orporated herein and by reference made part hereof. Th~
:.. Official Zoning Atlas Map Numbered 1603N, as described in
· Ordinance Number 91-102, The Land Development Code is hereby
~, amended accordingly.
i. i SECTION TW0:.
Ordinance Number 85-52, as amended, known as the :Eagle
Creek Country Club PUD, adopt%d on October l, 1985 by the
Board of County Commissioners of Collier County is. hereby
repealed in its entirety.
S__~ CT I ON THREE:
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this 17th day of
-- --b~cemDCr , 1991.
ATTEST: BOARD OF COUNTY COMMISSIONERS
JAMES C. GILES, Clerk COLLIER COUNTY, FLORIDA
~.. PATRICIA ANNE GOODNIGH~, CHAIRMAN
kpproved as to. form and
~/' 16gal sufficiency
~,'~' , . This ordinonce fi',cd wi~h th"-
... ' '.: ' 5ecretocy of State's OHice th~
J;{:" 'Ma--~-:J~-M. Studc~nt filina received this
'~"~' ASSistant County Attorney of ~51~---~', ~q-/~_, -
n.. ~ P~-85-8(4) ORDIN~CE
nb/6333
i!" EAGLE CREEK COUNTRY CLUB
PLANNED UNIT DEVELOPMENT
Prepared fors
EAGLE CREEK PROPERTIES, a
Division of Haxxam Properties, Inc.
PREPARED BY ~
WILSON, MILLER, BARTON & PEEK, INC.
3200 Bailey Lane at Airport Road
Naples, Florida 33942
August, 1991
DATE ISSUED~ AU~. 19.
DATE APPROVED BY CCPC~
DATE APPROVED BY BCCs_De.~. 17,
ORDINANCE NUMBER:_.~I-ll3
EXHIBIT "A"
oo, 190
TABLE OF COnSTaNTS
PAGE
SECTION I
GENERAL DEVELOPMENT 'INFORMATION ' i 1
· SECTION II
PROJECT DEVELOPMENT STANDARDS ...................... 2~1
SECTION III
"· R~SIDENTIAL DEVELOPMENT 3-1
~:'~' SECTION IV
~%':~ GOLF COURSE ........................................ 4-1
:" SECTION V
~?. TENNIS CENTER ...................................... 5-1
SECTION VI
%~ ' PRESERVE AREAS ......................... , .......... 6-1
~'" ~ECTION VII
:", DRAINAGE EASEMENT 7-1
SECTION VIII "
~i GENERAL'DEVELOPMENT COMMITMENTS ................ -...~'--8-1
i WILSON, MI BARTON & PEEK, INC.
!!. Description of part of Sections 3 and 4,
~';'" Township 51 South, Range 26 East,
Collier County, Florida
(Revised Eagle Creek P.U.D.)
All that part of the Tract Map of Eagle Creek Country Club, as
recorded in Plat Book 14, pages 1-5, Collier County, Florida;
containing 284.89 acres more or less;
A3~SO INCLUDING THE FOLLOWING;
~ Commencing at the west 1/4 corner of Section 3, Township 51 South,
,< Ran?e 26 East, Collier County, Florida;
~.~ the~.ce along the west line of the southwest 1/4 of the northwest 1/4
:i of ~aid Section 3, North 01°-00'Z56" East 1071.77 feet;
ther.ce South 54'-20'-32" East 30.38 feet to the POINT OF BEGINNING
of the parcel herein described;
thence North 01'-01'-55" East 370.65 feet;
thence South 54'-20'-32" East 260.00 feet;
thence South 89'-20'-32' East 150.00 feet;
thence South 54'-20'-32" East 430.00 feet;
thence South 89'-20'-32" East 100.00 feet;
thence South 54'-20'-32' East 411.96 feet;
thence South 02'-29'-06" West 271.35 feet;
thence South 87'-30'-54" East 310.00 feet to a point on the
west right-of-way line of the Isle of Capri Road (State Road
951) which lies South 02'-29'-06" West 885.66 feet from the
intersection of said west right-of-way line of said Tamiami
Trail;
thence along said west right-of-way line, South 02'-29'-06"
West 467.00 feet;
thence North 54'-20'-32" West 1759.62 feet to the Point of
Beginning of the parcel herein described;
bei~.g a part of the northwest 1/4 of Section 3, Township 51 South,
RanGe 26 East, Collier County, Florida;
subject to easements and restrictions of record;
containing 15.066 acres more or less;
the bearings used herein are based on the west'line of the southwest
1/4 of the northwest 1/4 of said Section 3, being North 01'-00'-56"
East and are true.
LES~ JkND EXCEPTING the following:
~11 that part of Tracts "M-l" and "M-2" according to the plat of
i. Cry~tal Lake Terraces at Eagle Creek as recorded in Plat Book 16,
(pag~s 30-31 and being more particularly described as follows;
Commencing at the northerlymost corner of said Tract
the~.ce along the northeasterly boundary of said plat in the
fei]owing two (2} described courses;
1) South 54'-20'-32" East 260.00 feet;
2) South 89'-20'-32" East 47.39 feet to the POINT OF BEGINNING;
thence continue along the boundary of said plat in the
following five (5) described courses;
1) South 89'-20'-32" East 102.61 feet;
2) South 54'-20'-32" East 430.00 feet;
3) South 89'-20'-32" East 100.00 feet;
(continued on page 2)
oo, 1 50.. 192
I
WILSON · MILLER * BARTON & PEEK, INC. :
Description of part of Sections 3 and 4,
Town~hip 51 South, Range 26 East,
Collier County, Florida
{Revised Ea. gle Creek P.U.D.)
'(continued from page 1) :
4) South 54'-20;-32" East 411.98 feet;
5) South 02'-29'-06".West 138.84 feet;
thence leaving said boundary North 54'-20'-32' West 1083.89
feet to the Point of Beginning;
containing 2.0 acres more or less;
subject to easements and restrictions of record;
bearings are based on the northeasterly line of said Tract
being South 54'-20'-32# East;
containing 297.96 net acres more or less.
WILSON, MILLER, BARTON & PEEK, INC.
R~g. Eng.~neers and Land Surveyors
Not valid unless embossed with the Professional's seal.
W.O. 12579
Ref~ 2J-48 RZ-122, P.B. 14, pages 1-5
(JPM:lan desc rev eagle creek pud)
Date~ August 7, 1991
December 19, 1991/rev.
SECTION I '
GENERAL DEVELOPMENT INFORMATION
1.01 INTRODUCTION AND PURPOSE
It is the intent of Eagle Creek Properties, a Division ;of
Maxxam Properties, Inc.; hereinafter called "applicant" or
'developer"; to establish and develop a Planning Unit
Development (PUD) on approximately 298~ acres of property
located in Collier County, Florida.
it is the purpose of this document to provide the required
standards and to set forth guidelines for the future
development of the subject property.
1.02 STATEMENT OF COMPLIANCE
The development of approx/~nately 298~ acres of property in
Sections 3 and 4, Township 51 South, Range 26 East,
Collier County, Florida, es a Planned Unit Development,
will be in compliance with the planning goals'and
objectives of Collier County as set forth in the
Comprehensive Plan. The residential development and
associated recreational facilities of Eagle Creek will be
consistent with the growth policies, land development
regulations and applicable Comprehensive Plan. Documents
for the following reasons~
1. The subject property has the necessary rating points
to determine the availability of adequate community
facilities and services in conformance with the
Collier County Comprehensive Plan.
2. The Eagle Creek development is compatible and
complimentary to the surrounding land uses.
3. Improvements are planned to be in substantial
compliance with applicable regulations.
4. The Eagle Creek development will result in an
efficient and economical extension of community
facilities and services.
5. Policy 5.1 of the Collier County Growth Management
Plan states that changes to Planned Unit Developments
which have been determined to be "improved", provided
those changes do not represent an increase in the
density or intensity of use, shall also be deemed
consistent. Section 5.9 states that properties which
do not conform to the Future Land Use Element.but are
improved shall be deemed consistent with the Future
Land Use Element. The eagle Creek PUD, with a
proposed maximum gross project density of 2.2 units
per acre does not exceed the maximum, allowable
density of 3 units per acre, permitted by the Future
Land Use Element.
SECTIO:; Ii
~%.~ PROJECT DEVELOPMENT STANDARDS
2.01 'PURPOSE
The purpose of this Section is to generally describe
plan of the development and delineate the general
conditions that will apply to the project.
2.02 GENERAL PLAN OF DEVELOPMENT
Eagle Creek is a planned residential community, which
includes a mixture of residential uses, a golf course,
tennis center, and preservation areas.
2.03 COIIPLIANCE WITH APPLICABLE ORDINANCES
Eagle Creek is intended to be in substantial compliance
with the applicable Collier County general zoning and sub-
division regulations as well as other Co%lief County
" development codes in effect at the time permits and/or
.. plats are requested.
2.04 FP~CTIONALIZATION OF TRACTS
!~ii: a. When the developer sells an entire Tract or a building
'/ ' .parcel (fraction of a ~racc] to a subsequent owner, or
proposes development of such property himself, the
developer shall provide to the Administrator for
approval prior to the sale cr development of such
· . property, a boundary drawing showing the tract and the
building parcel therein {when applicable) .and in the
case of a residential area, the number of dwelling
units of each residential type assigned to the
property.
b. In the event any Residential Tract or building.parcel
,' is sold by any subsequent owner, as identified in
Section 2.04(a), in fractional'Parts to other 9'arties
for development, the subsequent owner shall provide to
the Administrator, for approval, prior to the sale or
.development of a fractfonal part, a bouhdary drawing
showing his originally purchased tract', ox building
parcel and the fractional parts therein and the number
of dwelling units assigned 'to each of the fractional
parts.
'The drawings shall also show the location and size of
access to those fractional parts that do not abut a
public street.
2-1
c. The developer of any Tract or kuilding parcel
submit at the time of application for a building per-
mi=, a detailed plot plan for his tract or oarcel.
Such plot plan sh~ll show ~he proposed loca~ion'of all
buildings, access roads, offstreet parking and cfi-
street loading areas, ~efuse and service areas,
required yards and other open spaces, locations for
utilities hook-up, screening and buffering,
.lighting, landscape plan, other accessory uses and
struc%ures and in residential areas, the distribution
of dwelling units among the proposed structures, as
may be appropriate.
d. In evaluating the fractiona!ization plans
Administrator's decision for approval or denial shall
be based on compliance with the. criteria and the
development intent as se% forth in this document, con-
formance with allowable n%~bers of residential units
and ~he reasonable acces~ibility of the fractional
parts to public or private roadways, common areas, or
other means of ingress and egress.
e. If approval or denial is not issued within ten
working days, the submission shall be considered auto-
matically approved.
2.05. SITE PLAN APPROVAL
When site plan approval is desired or required by this
document, the following procedure shall be followed:
A written request for site plan approval shall be sub-
mitred to the Director for approval or denial. The
request shall include materials necessary to
that the approval of the site plan will be in harmony with
the general intent and purpos~ of this document. Such
material may include, but is not limited to the following,
where applicable:
A) Site plans at an appropriate scale showing proposed
· placement of structures on the property~ provisions
for ingress and egress, offstreet parking and off-
street loading areas, yards and other open:spaces.
B) Plans showing proposed locations for utility hookups.
.. C) ..Plans for screening and buffering.
D) Plans for proposed signs and lighting.
£) In the case of cjustered buildings and/or zero lo=
line homes with common architectural theme, required
property development. ~tandards may be waived or
reduced provided a site plan is approved under this
sec=ion.
2.06 ~,%ND VSE DISTRIBUTION AND DENSITY
Eagle Creek consists of residential development tracts,
a golf course, cypress and mangrove preserve tracts, and
a tennis center. The maximum number of dwelling units
to be built on the total acreage is 656. The number of
dwelling units per gross acre is approximately 2.2. The
density on individual parcels of land throughout the
project may vary according to the type of housing placed
on each parcel of land.
The following table is a schedule of the intended land
use types, with approximate acreages indicated. The
arrangement of these land use types is shown on the PUD
Master Plan. Minor changes and variations in design and
acreages shall be permitted at final design to
accommodate topography, vegetation and other site
conditions.
APPROXIMATE LAND USE DISTRIBUTION
LAND USE APPROXIMATE
DESIGNATION ACREAGE*
RESIDENTIAL
Tract A 3.5
Tract B1 3.0
Tract B3 2.0
Tract B4 6.0
Tract B5 4.0
Tract C 18.0
Tract D 21.0
Tract E 11.0
Tract F 8.5
Tract G1 3.5
Tract G2 3.0
Tract M 13.0
Total Residential 98.5
GOLF COURSE
Tract Golf Course East 70.5
Tract Golf Course West 66.0
Tract H 7.0
Tract CH 5.5
Total Golf Course 149.0
CYPRESS PRESERVE 11.0
HARGROVE PRESERVE 1.0
TENNIS CENTER, Tract I 4.5.
TRACT R ' 7.5 ....
DRAINAGE EASEMENT
North Tract 2.5 '
South Tract 17.5
East Tract 6.~
Total Drainage Easement 26.5
TOTAL EAGLE CREEK ACREAGE
298± Acres
* Acrsages have been rounded to the nearest .5 acre.
2.07 pERMITTED VARIATIONS OF DWELLING UNITS
Permitted residential unit types may be mixed within
Residential Tracts provided that total number of dwelling
units shall not exceed 656.
2.08 RESERVATIQN QF ~ATURAL VEGETATION AND TREE REMQVAL
Clearing, grading, earthwork, and site drainage work shall
be performed in accordance with the approved PUD Master
Plan and applicable Collier County Development Codes.
2.09 ~ASE~E~ FOR UTILITIES
Easements shall be provided for water management area,
utilities and other purposes as may be needed. Said
easements and improvements shall be done in substantial
compliance with the Collier County Subdivision Regulations,
or its successor provision.
Ail necessary easements, dedications, or other instruments
shall be granted to insure the continued operation and
maintenance of all service utilities in substantial
compliance with applicable regulations in effect a the time
approvals are requested.
2.10 TEM~QRARY STRUCTURES
During project construction temporary structures are
permitted within all tracts of Eagle Creek. Said
structures may be utilized as temporary adm~nistrative
offices, temporary sales ·offices, temporary pro shop,
temporary construction offices and other similar uses.
2.11 ~XCEPT!ONS TO THE COLLIER COUNTy SUgDIVISIQN RE~ULATIQNS,
QR ITS SUCCESSQR PRQVISION
The following requirements shall be waived~ Article X,
Section 16~ Sidewalks (Waive requirement for sidewalks on
both sides of all collection streets, on one side of each
marginal access street and local. street). Walkway and/or
bicycle path locations will be indicated on the project
construction plans when those are submitted to the County
for approval.
Article X, Section 19~ Street Name Markers and Traffic
Control Devices. Street name signs shall be approved by
the County Engineer but not meet the U.S.D.O.T.F.H.W.A.
Manual on Uniform Traffic Control Devices. Street pavement
painting, striping, and reflective edging requirements
shall be waived.
.:' Article XI, Section 10: Monuments where such monumentz
occur within street pavemen~ areas, they shall be
installed in a typical water valve cover, as prescribed in
i~ the current County standards.
Article XI, Section .17P & G: Street right-of-way and
- Pavement widths. For street .right-of-way and pavemen~
cross-section -'
see Construction Drawings, WMBS&P ~o.
D-264.
Article XI, Section %7~: Dead End Streets. Such streets
shall not exceed one thousand (%,000) ~eet in length.
Article XI, Section 17I: Curb Radii (Waive requirement
for forty (40') foot radius %o %n~r%y (30) feet at local
to local road intersections only).
:~ Article XI, Section 17J~ Intersections requiring curv'ed
"i streets to have a minimum tangen: of one hundred
. feet at intersections.
Article XI, Section 17K: Reverse Curves. Tangents
between curves on all streets snail ~e at least one
hundred (100) feet in length.
Article XI, Section 21~ Utility Casinas
Appendix "D", Local Road TYPiCal Sections
RESIDENTIAL DEVELOPMENT
3.01- PURPOSE
The purpose of this Section Is to set forth the regu-
lations for the area designated on the PUD Master Plan, as
Residential. ITracts A, Sl, B2, B3, 84, BS, C, D, E, F,
G~, G2 and M) o
3.02 MAXIMUM DWELLING UNITS
A maximum of 656 dwelling units may be'constructed in all
of the Residential parcels.
3.03 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be
erected, altered or used, or land or water used, in whole
or in part, for other than the following:
A. Permitted Principal Uses and Structures in Tracts A,
B2, B3, .B4, BS, C, D, E, F, G$ G2 and
Zero lot line homes, detached and attached.
2. Villas, cjuster homes and townhouses.
3. Low rise multi-family dwellings' and garden apart-
ments.
B. Permitted Accessory Uses and Structures in all Resi-
de~1al Tracts:
1. Customary accessory uses and' structures, including
but not limited to private garages and private
swimming pools.
2. Signs as permitted by the Co111er County .Zoning
Ordinance. or its successor provision in effect at the
time permits are requested.
3. Model homes shall be permitted in.conjunction with
the promotion of the development. Such model .homes
shall be permitted for a period o~ two (2)-years
f?om the initial use as a model. .The Administrator
may authorize the extension of such use upon
written request and Justifica:ion.
~'' The following Sections 3.0S, 3.06 and 3.07 set forth she
,- development standards for permitted uses within Eagle
,~., Creek Country Club. Standards for landscaping, signs,
~,~ parking and other land.uses not specified berlin are to be
"i in accordance with Collier County Zoning Regulations in
,.~ effect at tile 'time permits are requested. Unless
r.~,. otherwise indicated, setback, height, and floor area
standards apply to principal structures.
3.05--ZERO LOT LINE DEVELOPMENT
A. Minimum Lot Area
Six thousand (6,0OO) square feet
B. Minimum Lot width
Fifty-five (55) feet as measur'ed"i~ the front yard
setback line.
C. Minimum Floor Area
One thousand (1,000] square feet
D. Minimum Yards
Front 'yard - 20.feet as measured from the back of curb
or edge of pavement.
..-Side yard - 0 feet or 10 feet
.:!;!:~ .. Rear yard - 0 feet or 20 feet for principal structure,
~,~,~ 0 feet for accessory structures except that accessory
,I':~, structures in Tracts 'F' and 'K' along the PUD boundary
'>'~'. shall comply with the requirement~ as listed in the
· ,.¥ ~oning Ordinance. Residential structures may be
-'..~ constructed over water management/lake areas.
E. Maximum Buildin: Heiaht
"ii' Two living stories
3-2
3.06 VILLA, CjustER HOME AND TOWNHOME DEVELOPMEHT
A. Minimum Building Parcel
The minimum building parcel shall be three thousand
(],000) square feet multiplied by the numser of units
on the parcel.
B~ Minimum Floor Area:
Nine hundred (900) square, feet.
C. Minimum Distances
1. The minimum distance of any dwelling unit from any
fractionalization parcel boundary .line, right-of-way
line, bac~ of curb or edge of pavement shall be twenty
· ,{20) feet. Residential str'uctur~'F ~ay be constructed
over water management/lake areas. '
2. The minimum 'distance be.tween principal structures
shall be either 0 feet or 10 feet.
3. There are no minimum distances [or accessory
structures, except that accessory structures in Tracts
'?' and 'M' along'.tho PUD boundary 'Shall:'
the requirements as listed in the Zoning Ordinance.
.D. Maximum Buildinc HeiGht
Two living stories
3.07 LOW RI$£ AND GAI~EN APARTMENT DEVELOPHENT
A. Minimuh Building Parcel
The minimum buildin~ parcel shall ~e one acre.
B. Minimum Floor Area
Seven hundred twenty five (725) square feet.
C. Minimum Distances
I The minimum distance o~ any low rise' or garden
apartment building from any frac~lonalization parcel
boundary line, right-of-way line, back of curb or edge
of pavement shall be fifteen (15) feet. Residential
structures may be built over ~ater management/lake
areas.
3-3
2., .The_ min£mum . dis=anco ..between principal structures
shall be one half (1/2} the. sum of. their heights.
3.. There are no minimu~ distances Eot accessory
s~:ruc:ures, except that accessory structures in Tracts
'F' and '~"along the PUD bounda~ shall comply with
the requirements as liste~ in the Zoning Ordinance, or its
successor provision.
"-" D. Maximum Buildin~ Height
'Three living stories.
I .~,, SECTION IV
'. 'i~. GOLF COURSE.
!;.7[' 4.01 PURPOSE
The purpose of this Section is to set forth the regu-
la=ions for the area designated on %he PUD Mas~er Plan, as
Golf Course, to include Tracts "GC East", "GC West', "CH"
and "H".
~. 4.02 PERMITTED USES AND STRUCTURES
:i'~ No-~uilding or structure, or part thereof, shall be
'/:" erected, altered or used, or land or water used, in whole
;"' or in part, for other than the following:
A. Permitted Uses in Tracts #GC East", "GC West' and "CH".
~ ...... ~) Golf Course
~!~ l) Clubhouses, pro-shop, practice driving range and other
.~. customary accessory uses of gol~"~ourses.
:!.~'. 3) Small commercial establishments, l~cluding gift shops,
.;~ golf equipment sales, restaurants, cocktail lounges,
and similar uses, intended to exclusively serve
~[ patrons of the golf course, subJec~ to the provisions
of the applicable supplementary re~ulations of the
Zoning Ordinance, or its successor pro~ision.
4) Signs as permitted by the Collier County Zoning
Ordinance, or its successor provision in effect at the
'~ time permits are requested.
5} A maximum of two (2) residential units in conjunction
.~i ' with the operation of the qolf course as de~ermined to
~... b~ compatible with ~he.ad4acent uses as determined by
.. the Administrator. '
~ 6) Golf Course maintenance.
~;. 7) Essential services, including on-site water and
~. wastewater treatment facilities.
"~' 8} water Management/Lakes
}3~' B. Permitted Uses in Tract M.
~"+i 1) Golf Course dr~ving range
· ~ 2) Any residRntial use permitted under Section III of
[!ti ' 3) Signs as permitted by the Collier County zoning
::~i! Ordinance , or its successor pr6vision in effect at the
time permits are requested.
4-%
· . SECTION V
TENNIS CENTER
5.01 PURPOSE
The purpose of this Section is to set forth the
regulations for the areas designated on the PUD Haster
Plan, as Tennis Center.
5.02 PERMITTED USES AND STRUCTURES
N~ building or strudture, or part thereof, shall be
erected, altered or used, or land or water used, in whole
or in part, for other than the following:
~,~ 1) Tennis ClubhOuse, pro shop, tennis center accessory
'.~ buildings and other customary uses asso'ciated with
:' recreation centers.
2) Small commercial establishments, including gift shops,
tennis equipment sales, restaurants, cocktail lounges,
and similar uses, intende4 to exclusively serve
patrons of the Tennis Center, subject to the .pro-
visiohs of the applicable supplementary re~ulations of
the Zoning Ordinance, or its successor provision.
3) Shuffleboard courts, tennis courts, swim.ming pools,
beaches, and other types of facilities intended for
recreation.
4) Signs as permitte4 by the Collier County Zoning
':. Ordinance, or its successor, pro~ision .i~ effect at t~e
· " time per, ts are requested.
.. 5)''Water Management/Lakes.
· , m
5.03 PROPERTY DEVELOPMENT CRITERIA
A. Overall site desigM shall be harmonious in terms cf
landscaping, enclosure of struc:ures, loca=ion of access
.streets and parking areas and location and treatment of
buffer areas.
B. Tennis Courts shall be setback' a minimum of five (5)
feet from abutting Residential Tracts. Tennis' Center
principal building shall be set back a minimum of thirty
(30) feet from abutting Residential Tracts. Tennis Center
accessory buildings shall be set back a minimum of ten
(%0) feet from abutting Residential Tracts. The tennis
center building setbacks shall be measured from the
buildings, exclusive of any roof overhand or decking, to
the tract boundary. Tennis Center structures may be
construe=ed over water management/lake areas.
C. Buildings shall have a maximum height .of three
stories.
D... The minimum building separation shall be one-half the
sum of the heights of adjoining buildings, but not less
than twenty (20) feet.
E. Lighting shall be arranged in a manner which will
protect roadways and neighboring, properties from direct
glare or other interference.
g£CTION V%
PR£S£RV£ AR£~S
6.01 PURPOSE
The purpose of this Section is to set forth the
lations for %he area designated on the PUD Master P~an,'as
Cypress Preserve and Mangrove Preserve.
6.02 PERMITTED USES AND STRUCTURES
~ building or structure, or part thereof, shall be
erected, altered or used, or land or water used, in whole
or in part, for other than the following:
1. Nature trails, boardwalks, shelters, etc.
2. Nature Preserves and wildlife sanctuaries.
3. Water Management Facilities.
4. Any other activity which is comparable in nature
with the foregoing uses and which the
Administrator determines to. be ~ompatible in the
District.
· .. 6=1
SECTION VII
'DRAINAG~ EASEMENT
'7.01 PURPOSE
~i._: The purpose of this Sect£on is to set for:h the
· lations for the area designated as Drainage Easement.
7.02 PERMITTED USES AND STRUCTURES ,
No building or structure, or part thereof, shall
erected, altered or used, or land or water used, in whole
or in par=, for other than the following:
1. Water Management/lakes
2. Canals
-~ik~ 3. Water Managemen~ Structures
.~ , 4. Bridges
5.. Structure~ to facilitate access to Residential
Tracts.
7-1
SECTION ViII
GENERAL DEVELOPMENT COMMITMENTS
8.01 PURPOSE
.The purpose of th~s Sec:ion is to se: forth the standards
for the development of Eagle Creek.
8.02 FIRE PREVENTION
The Development shall comply with applicable code~ and
regulations.
8.03 DEVELOPMENT PLAN
A, The PUD Master Plan (Wilson, Miller, Barton, Soll
Peek, Drawing File No. RZ-I~Ta) is an iljustra=ive
preliminary development plan.
B... The design criteria and layout iljustrated in
Mas:er Plan shall be understood as. flexible so that
the final design may bes~ satisfy the project and
comply with all applic~ble reguirements.
C. Minor 'design changes, shall be permitted subject to
County staff administrative approval.
~ . 04 L'~";IRONM£NTAL CONSIDERATIONS
A. A site clearing plan be submitted to the Natural
Resources Management Depar:ment and the Community
Development Division for their review and approval
prior. :o any substantial work on the site. This plan
may be submitted in phases to coincide wi:h the
-..development schedule. The site clearing plan shall
clearly depict how the final site layout incorporates
retained native vegetation to the maximum extenc
possible and how roads, buildings, lakes, parking
lots, and other facilities have been orienced to
accommodate this goal. ..
Native species shall be u:ilized, where available,
the maximum extent possible in she site landscapin?
design. A landscaping ~lan .mill be ~ubmitted ~o the
Natural Resources Management Department and the
" Community Development Division for their review and
approval. This plan will depict the incorporation of
native species and .their mix with other species, if
~i any. The gqal of site landscaping shall be the
, re-creation of native vegetation and habitat
characteristics los% on the site during construction
~ or due to past activities.
C. All' exotic plants, as defined in the County Code,
· shall be removed during each phase of construc=ion
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
Natural Resources Management Department and the
Community Development Division.
D. If during the 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 the Natural Resources
.Management Department notified. Develo?ment will De
suspended for a sufficient length of time to enable
the Natural Resources Management DepartJaent or a
designated consultant to assess the find and determine
the proper course of action in regard tO its
salvageability. The Natural Resources Management
Department will respond to any such notification in a
timely and efficient manner so as to provide only a
minimal interruption to ~ny constructional
activities.
~'~
8-2
oo, r50- 210
8.05 UTILITIES
a. A central water supply system shall be made available
to the project. The water supply source for the
project shall be the Collier County system.
b. The project ~hall be served by a central wastewater
collection system. A Cou6ty approved, on-site cr
off-site wastewater treatment and disposal facilities
shall be approved and/or made available.
c. All systems shall be coordinated and approve~ by the
Utilities division prior to their installation.
d. Applicable County Ordinances relative to water and
sewer system development charges shall be complied
with.
e. Utilities shall be provided to 'comply with applicable
Ordinances in effec= at the time permits requested.
f.. Construction plans and specifications shall be
submitted to the County Utility office prior to the
start of any utility construc=ion.
g. Appropriate utility easements shall ke created and/or
dedicated as may be required by applicable
regulations.
h. Telephone, power and T.V. cable service shall be made
available to all residential units. All such u=ili%y
lines shall be installed underground.
i. 'The ~tilities Division stipulations per their memo
dated July 9, 1985 are incorpora=ed herein by
reference.
8..06 TRANSPORTATION IMPROVEMENTS
1. Subject to F.D.O.T. approval, the developer or his
successor in title shall provide the following at his
own expense: A traffic signal on SR-951 when deemed
warranted by the County Engineer. After installation,
the signal shall be owned, operated, and maintained by
Collier.County.
2. The developer shall dedicate a thirty (30) foot wid~
right-of-way easement, if such easement does hOC
already exist, measured from the centerlines of the
portions of Barefoot Williams Road and Tower Road
which abut Eagle Crc. ck.
traffic ~antrol devices used, excluding
stree~
signs, shall conform with the Manual on Uniform
Traffic Control Devices.
4. If, at the time of 4-1aning of SR-951, additional
.right-of-way is required from the Eagle Creek
property, the amount of right-of-way to be
dedicatedfor the four-laning of S.R. 951 shall be
determined as follows: If an urban section is to be
constructed (curb and gutter with storm drainage
· system), the Petitioner will dedicate 40 feet of
right-of-way; if a rural section-is bo be constructed
(swales and drainage ditches), .the Peti'tioner will
dedicate 40 feet of right-of-way and shall make
available for purchase at fair market val6e an
additional 45 feet of right-of-way.
FIRE STATION CONSIDERATIONS
The DeveloPer, in conjunction with the Deltona
Corporation and the Owner of the R~verbend
development to. the south of Eagle Creek, agrees to
provide a fire station building erected to the
specifications of the East Naples Fire Department.
"The contribution of Eagle C~eek Properties, the
Deltona Corporation and the owner of said Riverbend
development are described by written agreement.
The fire station building shall'be constructed prior
to the issuance of any residential living unit
Certificate of Occupancy or any commercial Certificate
of Occupancy within Eagle Creek except that
Certificates of Occupancy may be issued for Eagle
Creek's maintenance building and for Eagle Creek's
model home units prior to the construction of the fire
station. Building permits for Eagle Creek may be
issued prior to the construction of the fire station
building..
An updated water management analysis of the entire
drainage system serving the proposed Tract 'M' shall be
submitted to the Water Management Director for review and
approval. No Construction permits shall be issued unless
and until approval of the proposed construction, in
accordance with the submitted plan, is granted by the
Cou4~ty Engineer.
8.09 ~LE~TIQNS POLLING PLACE
Eagle Creek shall provide a polling place within the Eagle
Creek PUD, primarily for the Eagle Creek residents, if
detremined to be needed by the Supervisor of Elections.
8.10 MONITORING REPORT
An annual monitoring repor~ shall be submitted pursuant to
Section 7.27k. of the Collier County Zoning Ordinance
82-2, or its successor.
8-5
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~'"' =: " ~P.U.D. Master. Pla~.
'. MEMORANDUM ...: ,_,,
Engineering
U~ilities Division
Re: Petitions R-85-8C and POA-85-gc, Eagle Creek Country Club First
&ddition~ Proposed Tract
~e have reviewed the above referenced Petition and have no o~l~ctlon to
the rezone as requested. ~ovever~ ye require the fo~Lovini stipulation~
es a condition to our recommendation for approval:
A) ~ater & Sever
:'~' l) ~ater distribution add savage collection and transmission
~.. system= vi.Il bi const~cced throughout the pro~ecc development b7 the
~' developer pursuant co all current ca~uiremencs of Collier Co~cy and the
..~/ Scats o~ Florida. ~acer and sever ~aci~iCiea consc~cced within
phcted rishts~f-va7 or ~thtn utility easemen:s required by the County
· - a~ll be conveyed to the County ~or o~ership~ op~racion and
prtwce property and hoc requt~ed'by the County to be located
Oeveloper~ hie assigns or successors. Upon c~letion o~
be. ~eated to insure they meet Collier County's minima re~uiremeu:s
which c~a the7 viii be conveyed or transferred to the County, ~hen
required by cbs Utilities' Otvision, pursuant to appropriate County
Ordi~ncea a~d Regulations in e~ecc at :ha t~e conveyance or transfer
is toques:ed, prior to being placed into se~ice.
2) ~ co.sanction p~us and technical specillcacio~s a~d proposed ..
plats, l~ applicable, ~or the proposed water distribution 'amd sewage .i~.-
collection and transmission ~acillties ~st be reviewed and approved by
the Utilities Division prior :o co~encemeaC oi coua:~ction. ...- -
3) ~ 'customers ,.cc~nectin8 to the racer distribution and sevaSe
collection facilities viii ba customers ot the County and viii be b~lled
by the County in accordance with the County's established rates. Should
the County not be in a position to provide water and/or saver se~ice
the project, :he water and/or sewer cua:omars shall be customers o[ the
iuter~ utility established to ae~e the project until cha County's
o[[-sic'~ water and/or ae~er ~acili:les are avatlabl~
project.
4) lc is anticipated t~t the County Utilities Division will ult~tely
supply potable water to meet the consumptive de~md amd/or receive a~d
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 c~e development co.encee,
Oevelopar, at his expense, will install amd operate interim water supply
and ~-site treatment facilities and/or interlm ~ksite sewage treatment
and disposal facilities .adequate to meet all requirements of the
appropriate regulatory agencies.
To: A~n ~cKi=l Plannin; Dept.
July 9, I~SS
5). An Ii:semen: shall be entered into between the County and
Developer, bindin~ on the Developer, his assiins or successors, legally
acceptable co the County, prior to the approval of construction docu=ents
for thc proposed project, statln$ that:
a) The proposed water supply and on-sics tree:tent facilities and/or
on-sics vastewater crest=ant and disposal facilities, if required, are to
be constructed as part of thc proposed prolect and must be retarded as
ieee:La; Choy shall be constructed Co Scats and Federal standards and
ara co be owned, operated and maintained by the Developer, his assigns or
successors un:il such elms as the County's off-sits water ~acilities
and/or off-site sever facilities are available to aet~ica chi pro,eot.
The into:ia treatment facilities shall supply set-ices o~ly to Chose
lands o~raed by the Developer and approved br the County ~or development.
~e u~ilicy lacili~y(ies) =y hOC be expanded ~o provide va:er and/or
aider so.ica outside th~. development ~ounda~ approved b~. the County
~chouc the ~iccen consent o~ ~ha County.
b) Upon' connect:on co the County's of~-~tce vace~ fac:~c~es, a~d/ot
sewer facilities, the Oeveloper~ h~a assigns or successors s~ abaadou,
treatment facility and discontinue uss of cbs racer supply source,
ap~licable, In a ~nner consistent rich SCats of Florida standards.
~1 york related with chis activity shall be parroted ac no cost to the
Cone:7.
c) Co~accion to the County's off-site va:er and/o: sever ~aciliCies
~ll be ~de by the o~ers, :heir assisns or successors a: no cos: to the
Count7 within ~0 days after such facilities become available.' ~e cost
oi connection shall includl, but not be 1Meed to, all ens~eer~
design and preparation o/ consc~cCion dot.enos, pe~Cclng,
tiDe or rafictin~ o~ sevase pumpin8 fa:ill:les, into:connection with
County off-site facilities, water and/or sever lines necessa~ to =aka
the connection(s), etc.
d) AC the came County off-site racer and/o~ saver facilities are
available' for :he proJecc to connect with, the follovin8 water sad/or
sever [ac~li:ies shal~ be conveyed to the Coun:7 pursuant to appropriate
County Ordinances and Resulations in effec: a~ the
1) A~ ~a~er and/or sever facl~l::~ constructed in publicly
o~ed ri8h:s-of-vay or vi:hin utill:y easements required by the
County within the project ~cs and chose add~c~ona~
:acilities required Co make corms:lion ~tth :he County's
off-sits va:er and/or sever ~lcili~les;
2~ Ill ~acer and sever facilities required ca connect the
pro,eat to the County's oEO-site va:er and/or sever
when the on-sics ~acer and/or sever f~ci!i:les are cons:~cced
on private property and hOC required bv the County to be
lo:aced ~tthin utility easements, tncludi~ bur not ll~:ced co
chi follo~tng:
July 9,
a) Main sevsge lift station and force main inter-
all utility easements necessary;
connection vith the County's voter facilicles to tbs
master racer meter serving the project, including all
utility easements necessar7.
a) The customers se~ed on an incerin basis by the utility system
consc~cced by the Developer shal~ become customers o~ the County ac the
c~e rhea County off-sics racer and/or sever ~acllicies are avai~able
se~e the p~o~ecc and such connecc~on is ~de. Prior co conneccio~ of
the p~o~ecc Co the Councy%'of~-eica racer and/or sever facilities the r
Developers h~s assiEns, or successors shall cu~ over co the
complete ~iac of the custom,rs se~ed by chh lncerin ucl%icies system and
sha~l hoc compete rich the Co.cF for the se~ice of chose' cusco=ers.
~e Developer s~1 a~so provide cha County rich · detailed ~venco~ of
Che iac~cies se~ed ~Ch~ the p~o~ecc and the enc~cF vh~ch ~ be
responsible for the ~ace= and/oc sever semite bi.thE fo= the pro~ecc.
f) . A~ cansc~cclon pla~s and technical specifications relace~
connections to the County's oft-sion racer and/or sever facil~cies ~11
be sub~icced co the Oc~ities D~visiou for revie~ and approva~
g) ~'Daveloper, his assigns o~ successors agree co pay aZ1 sysceu
development charges ac the c~a that Buil~ing Pe~lcs are required.
pure,nc co appropriate County Ordinances and Regulations in 'effecc ac ..:
cia c~t o[ Pt~ic raquesc. ~is requlr~enc shall be ~de ~o~ co all
prospective buyers o~ properties for vhich build~ pe~cs viii be ;~'.%
required prior co che acarc of buildin~ consc~ccion.
h) ~e County v~ll lease co cha Developer for cperacion and ~aincenance
the racer dis~ribucion and/or seva~e collection and ~rans~ssion
[or ~a su~ el ~10.00 per year, vhen such sysce~'%~ ncc connected Co the
o[f-s[c~ racer and/or sever [acil~cies o~ed and operated by the County.
Te~s oi the lease shal~ be dece~ined upon co~plecion o[ the proposed
utility consc~cclon and prior' Co accivoc~ofl o[ the ~acer supply,
treatment and distribution facilities ~nd/or oho seva~e collection,
crans~asion and creacaenc facilities. ~a Lease, il requi~ed, shall
r~in in eilecc until the County can provide racer and/or sever se~lce
Chrout~ irs ell-sire facilities or uncil such rime chac bulk race racer
and/or sever se~ice a~reeuencs are negotiated viC~ the incerin
system ae~int ~he project.
B) Dace required under .County Ordinance No. 80-~ sho~int the avAi~-
ab~l[Cy...o[ se~a~e se~lce, oust be submitted and approved by the
Ucilic~es Division prior co appcova~ of the construction docunencs for
:he proJecc. Subaic a copy of cbs approved DER pe~ics for
collection and c:ansaission systems and the vascevacer creacnenc
:o be ucili:ed, upon receipt
To: Ann McKim, Planning Department
July 9, 1985
¢)' Construction and ovn~rship of the water and sever facilities,
including any proposed interim, water and/or seva~e treatment facilities,
shall ba in compliance with all Utilities Division Standards, Policies,
Ordinances, etc. ~n effect ac the cl~a construction approval is
L requested. .
~ .....
:ij~i D) Prior co approval of construction documents by the Ucilic~ss
'~::.. Division, che Developer must present verification, pursuant co Chapter
367, Florida Statutes, chic the Florida Public Service Co~ission has
granted territorial rights co cha Developer co provide sewer and/or
water set-~lce co the pro]acc until the County can provide chase
through ice racer and amv~r
E) Detailed hydraulic design reports covering ~ht water discrlbucion
and savage collection and Cransmiss~on systems co se~e the pro~ecc mus~
be submitted rich chi conac~ccion dec.enos for ~he pro,etc.
report shall list all desi~ ass~cions, de,nd races and ocher factors
perc~onc co ohm syscom undmr
F) ~a r!~ doc~enc aM11 be revised Co ~h reference Co .Chid memo-
randum, b~ dace, and specify the Peclcioner's acceptance of
stipulations contained herein. I revised copy of ~hs P~ documen~
be spb~Ccad Co cha Utilities D~vision for review and approval prior
schtdul~ chi Petition for consideration by the ~oard of County
Co~ssionecs.
cc: ~o~s.R. Peak, P.E.
~ , __.
STATE OF FLORIDA )
COUNT~ OF COLLIE. ;
iii' 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. 91-113
which was adopted by the Board of County Commissioners on
the 17th day of December, 1991, during; Regular Session.
WITNESS my hand and the official seal of the Board of.
County Commissioners of Collier County, Florida, this 23rd
day of December, 1991.
Clerk of Courts and Cle.rk--~ '.
Ex-officio to Board of.%..'
County Co~lsston~s ~' '
B~: /s/Maureen Kenyon '.". ,.,~':
Deputy Clerk