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Ordinance 90-045 ORDINANCE 90- 45 RDINANCE ARENDING ORDINANCE NUMBER 82-2 THE REHENSIVE ZONING REGULATIONS FOR TNE UN~CORPORATED AREA OF COLLIER COUNTY, FLORIDA BY~ AM~ING TIlE OFFICIAL ZONING ATLAS MAP NUMBER 48-~-5; BY CHANGING THE ZONING CLASSIFICATION OF EREIN DESCRIBED REAL PROPERTY FROM A-2 TO PLANNED UNIT DEVELOPMENT KNOWN AS BEACHWAY 800 SINGLE FAMILY/ MULTI-FAMILY UNITS WITH ~REATIONAL AMENITIES TO BE LOCATED NORTHWEST OF THE INTERSECTION OF 111TH AVENUE NORTH AND U.S. IN SECTION 21, TO~rNSHIP 48 SOUTH, P~%NGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 265.281± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. : WIIEREAS, Jeff llunt of Ericksen Communities, representing Radnor 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 21 Township 48 South, Range 25 East Collier County, Florida,is changed from A-2 to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The -:',.' Official Zoning Atlas Map Number 48-25-5, as described in Ordinance Number 82-2, is hereby amended accordingly. This Ordinance shall ba¢oma affoctivS upon roosipt of notios from the Secretary of State that this Ordinance has been filed with the Secretary of State. DATE: June 5, 1990 BOARD OF COUNTY COMMISSIONERS COLLIER p.~UNTY, FLORIDA ~"V 3; ,, '3'"" ' :J .., .,~/' ,"~ ~/' // .~: .; '.:'. ]~TTEST: / "' BY ,JAMES C. GILES'/.CLERK HASSE, JR., · MAX A. CHAKRMAN '~ ..... ,, .. ,~.~fary of~.te'~ Office.~ ~PZ~.,¥.~D.,_ ,'~"TO FOP.~ A.D r.EGAL SUF¥ICIENC¥ md -)'n,~..<..,.' 'P..~-..~C,,.e,,.~'r~ . F~kRJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY 3~ R-89-26 PUD ORDINANCE nb/2574 l~/iI(:' A PLTkNNED UNIT DEVELOPMENT RADNOR CORPOI~TION L~ ~ PREPARED BY~ ~:? AGNOLI, BhRBER ~D BRUNDAGE, INC. · NAPLES, FLORID~ 33953 JUNE 1990 ~¢" DAT~ FZ~ED~ Ootobe~ 27. 1990 ..... D~TE REVISED~ ,~oh 14. 1990 ~. D~TE APPROVED BY BCC= June 5~ ~990 TABLE OF CONTENTS !:,~.'. ': .' ,,?;,',. Prop~r=y Ownership and section ~ 6 .' ,~.., . Project Development :~(.",', Single F~ily Detached Residential Develop~en~ 1. Section IV 13 Single Family Zero Lot Line Residential Dev. Section V 15 ~.' Multi-Family Cjustered Residential Development Section vi 17 Multi-Family Low Rise Residential Development ?'~ "' Sm~tion VII Multi-Family Mid Rise ~esidential Development section viii 21 ' "' Recreation Development :~ Conse~ation Area '/."~ Section X 24 Development Commitments Estimated Absorption Schedule -. T~le 2 36 Parcel Group Exhibit A Beachway PUD Master Plan~,':-, PROPERTY O~NERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing con- ditions of the property proposed to be developed under the project name of Beachway. 1.2 LEGAL DESCRIPTION Beachway Land Description A parcel of land lying in Section 21, Township 48 South, Range 25 East, Collier County, Florida, said parcel of land being more particularly described as follows: Commencing at the northwest corner of the southwest quarter (SW 1/4) of said Section 21; thence South 02'13'17" East along the westerly line of said Section 21, said line also being the centerline of County Road C-901, for a distance of 588.92 feet to an intersection with a line 399.71 feet northerly of, as measured at right angles to and parallel with the southerly line of the North one-half (N 1/2) of the South one-half (S 1/2) of the northwest quarter (NW 1/4) of the southwest quarter (SW 1/4) of said Section 21; thence North 89'57'13" East along said parallel line for a distance of 50.04 feet to an intersection with the easterly right-of-way line of said County Road C-901, said intersection being the Point of Beginning of the parcel of land herein being described; thence North 02'13'17" West along said easterly right-of-way line for a distance of 1473.46 feet to an intersection with a line 1752.45 feet southerly ofv as measured at right angles to and parallel with the northerly line of said Section 21; thence North 89'33'45" East alon~ said line for a distance of 1588.50 feet to an Intersection with the southerly line of Bulkhead Line 2 as recorded in Plat Book 1, page 16 of the Public Records of Collier County, Florida; thence South 20'30'21" East along said line for a distance of 37.72 feet to a point of curvature; 01-004Y0.DOC thence southerly, southeasterly, easterly, northeasterly and northerly along said curve and said line, concave northerly having a radius of 400.00 feet, a central angle of 157'43'50" for an arc distance of 1101.17 feet to a point of reverse curvature; thence northerly, northeasterly, easterly and ~outhQa~t~rly along maid curve and said lino, con,aY0 southeasterly having a radius of 500.00 feet, a central angle of 124'16'03" for an arc distance of 1084.44 feet to a point of tangency; thence South 53'58'08" East along said line for a distance of 505.81 feet to an intersection with the westerly line of the lands as described in O.R. Book 1355, Page 1011, of the Public Records of Collier County, Florida; thence South 0'39'10" East along said westerly line for a distance of 1066.03 feet to the southwest corner of said lands; thenco North 89'20'50" East along the southerly line of said lands for a distance of 50.00 feet to the westerly line of Walkerbilt Road as described in Deed Book 33, Page 279 of the Public Records of Collier County, Florida; thence South 0'39'10" East along said westerly line of .Walkerbilt Road for a distance of 60.00 feet; thence North 89'20'50" East along the southerly line of said Walkerbilt Road for a distance of 600.21 feet; thence North 89'21'48" East continuing along said southerly line for a distance of 731.07 feet to the northwest corner of lands as described in O.R. Book 1219, Page 1672, Public Records of Collier County, Florida; thence South 0'43'07" East along the westerly line of said lands for a distance of 300.00 feet; thence North 89'21'48" East along the southerly line of said lands for a distance of 300.00 feet to an intersection with the westerly right-of-way line of Tamiami Trail (U.S. 41, S.R. 45); thence South 0'43'07" East along said westerly right-of-way line for a distance of 1010.73 feet; thence North 89'50'30" West for a distance of 442.82 feet; thence South 45'09'30" West for a distance of 151.26 feet; thence South 00'09'30" West for a distance of 100.00 feet; thence South 45'09'30" .West for a distance of 200.00 thence South 00'09'30" West for a distance of 390.00 feet; thence South 45'09'30" West for a distance of 190.00 feet; thence South 00'09'30" West for a distance of 398.00 feet to an intersection with the northerly right-of-way line of lllth Avenue North; thence North 89'50'30" West along the said northerly right-of-way line of lllth Avenue North for a distance of 1688.91 feet; thence North 89'51'48" West continuing along said northerly right-of-way line for a distance of 1.18 feet to an intor~ection with tho easterly line of the southwest quarter (SW 1/4) of said Section 21; thence North 01'32'23" West along said easterly line for a distance of 1390.00 feet; thence North 89'51'48" West along a line parallel with the southerly line of the southwest quarter (SW 1/4) of said Section 21 for a distance of 1350.98 feet to an intersection with the easterly line of the West one-half (W 1/2) of the southwest quarter (SW 1/4) of said Section 21; thence North 01'52'47" West along said easterly line for a distance of 621.76 feet to an intersection with a 'line 399.71 feet northerly of as measured at right angles to and parallel with the southerly line of the North one-half (N 1/2) of the South half (S 1/2) of the northwest quarter (NW 1/4) of the southwest quarter (SW 1/4) of said Section 21; thence South 89'57'13" West along said line for a . distance of 1304.52 feet to the Point of Beginning, containing 265.281 acres of land, more or less, subject to easements and restrictions of record. 1.3 PROPERTY OWNERSHIP The subject property is currently owned by Collier North, Development Corporation, 3003 Tamiami Trail. Naples, · Florida 33940. The contract owner of the subject property is Radnor/Beachway Corporation, 6318 Trail Boulevard, Naples, Florida 33963. . 1.4 GENERAL DESCRIPTIONS OF THE PROPERTY A. The project site located between U.S. 41 on the is eastern border and Vanderbilt Drive on the western border, lying north of lllth Ave. and south of the Cocohatchee Raver. B. The zoning classification of the subject property prior to the date of this approved PUD document wa~ A-2. PHYSICAL DESCRIPTION The project site is a mixture of range land, upland forests, barren land and wetlands. The wetlands border the Cocohatchee River to the north. Several small isolated seasonal wet prairies are found on the site. Elevations range from 3.0 to 10.0 feet with the highest elevations on the southeast corner of the property which from there slopes downward to the northwest and the river. The soils are a species of fine sands (Arzell, Charlotte, Immokalee, and St. Lucie) and mangrove swamp along the river. The development of Beachway as a Planned Unit Development is in compliance with the planning goals and objectives.of Collier County's Growth Management Plan and complies with pertinent implementing ordinances. The project can be measured ectives for compliance with goals and obj of the lance with plan as evaluated in the review process. Comp.1 specific parts of the plan includes the following. Future Land Use Element Compliance with the goal requiring well planned and compatible land uses and objectives which establish density levels are designated in the plan. The proposed project furthers these standards including the use of creative PUD design and cjuster housing. The project complies with future land use map standards for density as follows: Dwelling Unit Permitted Area Acres per Acre Dwelling Units Activity Center 13.3 16 213 Project 252.0 .3 756 Total ProJect 265.3 3.65 869 Proposed density is 3.02 DU/AC for 800 TotalUnits 01-004Y0.DOC Conservation and Coastal Management Compliance with the goal relating to protection of vegetative communities, protection of wetlands, and i wildlife preservation by preserving wetlands vegetation ~ · and habitat in the project design. Public Facilities Element Compliance with the goals of protection of public health, safety and welfare and associated objectives by providing adequate water and sewer fact~ities and compliance with the drainage goal for protection from flooding by water management design and improving drainage in the Naples Park area. Compliance with level of service standards for the design of public facilities. · Recreation Element Ii Compliance with this element by providing open space preserve areas along the river front and recreational facilities in the project design. Housing Element A variety of housing types and residential lots help meet the goal to insure adequate ~upply and variety of housing. I ' Traffic Circulation Element :~.. Compliance with level of service standards and impact ~'[:'i ' mitigation requirements. ~.~,::. 1.7 SHORT TITLE L( This Ordinance shall be kn:'~wn and cited as the Beachway · P.U.D. .~.~.~ SECTION II I/ 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 of the trgcts included in the project, as well as the  project criterxa for Beachway. ::~":lii' 2.2 GENERAL A. Regulations for development of Beachway shall be in accordance with the contents of this document, PUD - i' Planned Unit Development District 9nd other applicable sections and parts of the Collier Co?nt¥ Zoning Ordinance in effect at the time of bumld~ng permit application. . ._,. noted, definitions of all terms B. othex"wise the shall be the same as .the definitions set forth in !~ Collier County Zoning O~d~nance in effect at the time of building permit application. . C. All conditions imposed and all graphxc material i presented depicting restrictions for the development of Beachway shall become part of the regulatmons which govern the manner in which the PUD site may be developed. D. The development standards are written as separate regulations for particular housing types. However, they are designed to be used in a cumulative manner as i~ dQstgnatQd under SQction.2.3A.. That is, parcele are grouped according to intensity of uses and the more .. intensive parcel groups would also allow for some of the uses in previous Less intensive groups. This i provides two benefits 1) a greater mixture of l.. residential development and neighborhood diversity and 2) flexibility to resp?nd to economic and market conditions and still maintain appropriate development standards. 01-004Y0. DOC ':~ PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and land use of the various tracts, is iljustrated graphically by Exhibit "A", PUD Master Development Plan. There shall be 9 land use parcels with six combined into parcel group "B". The master plan also includes plan streets and water management systems. The project, parcels will be .grouped according to appropriate land uses as follows. Type Parcel Group Acres Single Family. Detached Resident lal "A" 42.3 Single Family Detached and Attached Residential, Single Family, Zero Lot Line Residential, Multi- Residential, Multi- · Family Low Rise Res. idential Development "B" 88.1 Multi-Family Cjustered Residential, Multi-Family Low. Rise Residential, Multi- Family Mid Rise Residential "C" 20.7 Recreation "D" 7.6 Preserve Areas 60.8 Streets R.O.W. 10.0 Lakes B. In' addition to the various areas and specific items shown on Exh.ibit "A", such easements as necessary (utility, prlvat, e, semi-public, etc. ) shall be established within or along the various tracts as may be necessary. MAXIMUM PROJECT DENSITY A maximum of 800 dwelling units will be permitted. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of any Record Plats, final plans of the reguired improvements shall receive the approval of all appro?rlate Collier County governmental agencies to insure compliance with the Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Exhibit "A" PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to PUD and SMP approval on the entire project, construction plans and platting, Preliminary and Final Site Development Plans shall be submitted for each platted tract or platted parcel within the development. All division of property shall be in compliance with the Subdivision Master Plan Regulations with exceptions noted in Section 10.12. The developer of any tract or parcel shall be required to submit and receive approval of a preliminary and final site development plan in conformancQ with the requirements established within Section 10.5 of the Zoning Ordinance. The developer of any platted tract or platted parcel approved for single family residential development shall 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 tract or parcel. Where this ordinance fails to provide yard requirements for principal and accessory structures, the provisions of the zoning ordinance shall apply. Model homes/model home centers including sales center shall be permitted in conjunction with the promotion o.f the development subject to the following: i. Models may be constructed prior to recording of a plat. ii. Models may be permitted as "dry models" and must obtain a conditional certificate of occupancy for model purposes only. Models may not be. occupied until a permanent certificate of occupancy is issued. iii. Models may not be utilized as "sales offices" without approval by and through the Site Development Plan process. The SDP process shall not be required for dry models pursuant to this section. O O0 O.DOC iv. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building .permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. Corrective deeds shall be recorded once the plat is recorded. v. Temporary access and utility easements may be provided in 1 leu o f dedicated right-of-ways for temporary service to model homes. vi. Sales, marketing, and administrative functions are permitted to occur in designated model homes within the project only as providod herein. There shall be a 20 foot vegetative buffer provided along U.S.. 41, lllth Avenue North and Vanderbilt Drive at the project boundaries. Within this buffer project landscaping, including walls or berms, shall be allowed. SECTION III SINGLE FAMILY DETACHED RESIDENTIAL DEVELOPMENT 3.1 PURPOSE The purpose of this section is to identify specific development standards for areas to be developed on Exhibit "A" for single family development. Single,,A,, or "B"family. development may be permitted in parcel groups 3.2 MAXIMUM DWELLING UNITS The maximum number of single famtl, y detached dwelling units viii be subject to .market co.nditions. .owever, a totel of 800 units is the maximum permitted density of the entire project. 3 · 3 USES. PERMITTED No building or structure, or part thereof shall be erected, altered or used, or lands used, in whole or part, for other than the following: · -, A. Principal Uses 1. Single family detached dwellings. i 2. Water management facilities and lakes. 3. Utility and maintenance storage facilities. ~[11~ 4. Any other use which is comparable in n&tu~, with the forgoing us.es which' the Planning Services -~ Manager determines to be compatible in this district. L ~ B. Accessory Uses ~~!- iii-1.Customaryaccessoryusesincludingprivate £ · garages. ~,i~:~. ~ 2. Signs, subject to Collier County Sign Ordinance. 39 37 01-004Y0. DOC ' 3. Sales, administrative offices and model units shall be permitted in conjunction with the promotion of the development prior to platting. The model units can be converted to residences subject to the provisions of Section 2.5. 3.4 DEVELOPMENT STANDARDS A. General: All yards and setbacks shall be in relation to individual parcel boundaries. B. Minimum Lot Area: There are two single family residential lot sizes. Lots within any given tract will be a minimum of either 6,500 square feet or 10,000 square feet. Platted single family detached lots are intended to be uniform, in size and all lots must be one of the two sizes designated above and separated by platted tracts. C. Minimum Lot Width: 10,000 square 6,500 square foot or more lots foot or more lots Front yard: Interior - 70 ft. Interior - 50 ft. Corner - 80 ft. Cornfer - 60 ft. Irregular - 70 ft. Irregular - 50 ft. at building at building setback line. setback line. Flag - 20 ft. Flag - 20 ft. (Limited to 10 lots around Lake #1) D. Minimum Yards: 10,000 square 6,500 square foot or more lots foot or more lots Front yard: 20 feet 20 feet Side yard: 7.5 feet for 5 feet one story two story Rear yard: 20 feet 20 feet E. Minimum Floor Areas: 1,000 square feet. F. Off-Street Parking and Loading Requirements: As required by Collier County Zoning O.rdin.ance in effeot at the time of building permit application. G. Maximum Height: ~:~' 1. Principal structure - two stories, 40 feet as '. measured above parking. ~,' 2. Accessory structure - one story, 15 feet. 39 39 elOOK PA~T. ': 01-001¥0 · SECTION IV SINGLE FAMILY ZERO LOT LINE ATTACHED AND DETACHED RESIDENTIAL DEVELOPMENT PURPOSE The purpose of this section is to identify specific development standards for areas developed on Exhibit "A" as zero lot line development. Zero lot line development may be permitted in parcel group IIBI! , MAXIMUM DWELLING UNITS The maximum number of single family zero lot line dwelling units within the PUD shall be subject to narket conditions. However, a total number of 800 units is the maximum permitted density of the entire project. USES' PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or lands used, in whole or part, for other than the following: A. Principal Uses 1. Single family detached dwellings. 2. Single family attached duplex dwellings. 3. Water management facilities and lakes. ' 4. Utility and maintena.ace storage facilities. 5. Any other use which is comparable in nature with · the foregoing uses which the Planning Services Manager determines to be compatible in this district. B. Accessory Uses 1. Customary accessory uses including private garages. 01-004Y0. DOC Sales, administrative offices and model units shall be permitted in conjunction with the promotion of the development prior to platting. The model units can be converted to residences subject to the provisions of Section 2.5. 4. Neighborhood recreational facilities including but not limited to pools, cabanas, tennis courts and restrooms. Any other use which the Planning Services Manager determines to be compatible may be permitted. DEVELOPMENT STANDARDS a. General: All yards and setbacks shall be in relation to individual parcel boundaries. B. Minimum Lot Area: Attached: 3,000 square feet Detached: 4,500 square feet C. Minimum Lot Width: 30 feet. Flag and odd shaped lots .may be permitted provided they are 30 feet in width at the center point of the length of the lot. D. Yard and Setback Requirements: · Front yard: 10 feet with a minimum of 18 foot driveway as measured from the back of curb or the iback of sidewalk when present to the face of the garage door or carport facia. Side yard: 0 feet one side, 10 ft. other side, or 5 feet. Rear yard: 10 feet except when abutting a preserve or lake area for which it shall be zero (0) feet. I. ' E. Minimum Floor Area: 750 square feet. , F. Off-Street Parking and Loading Recplirements: As required by Collier County Zoning Ordinance in effect [P at the time of building permit applications. G. Maximum Height: 2 stories, 40 feet as measured above i~. parking. . 01-004Y0 . DOC SECTION V MULTI-FAMILY RESIDENTIAL CjustERED DEVELOPMENT 5.1 PURPOSE The purpose of this section is to identify specific development standards for areas developed on Exhibit "A" as multi-family residential cjustered development. Multi-family residential cjustered development may be permitted in parcel groups "B" and "C". 5.2 MAXIMUM DWELLING UNITS The maximum number of multi-family residential dwelling units within the PUD shall be determined by market conditions. However, a total of 800 units is the maximum permitted density of the entire project. 5.3 USES PEPanIITTED No building of structure, or part thereof, shall be erected, altered or used~ or lands used, in whole or park, for other than the following: A. Principal Uses 1. Duplexes, villas, townhouses, patio homes, carriage homes or other comparable cjustered type housing. 2. Water management facilities and lakes. ' 3. Utility and maintenance storage facilities. 4. Any other use which is comparable in .nature with the foregoing .uses which the Planning Services Manager determines to be compatible in this district. B. Accessory Uses 1.Customary accessory uses including private garages and coversd parking areas. 2. Signs, subject to Collier County Sign Ordinance. 42 01-004Y0 · DOC ~00~ 3. Sales, administrative offices and model units shall be permitted in conjunction with the promotion of the development prior to platting. The model units can be converted to residences subject to the provisions of Section 2.5. 4. Neighborhoodrecreational facilities includingbut not limited to pools, cabanas, tennis courts and restrooms. Any other use which the Zoning Director determines to be compatible may be permitted. 5.4 DEVELOPMENT STANDARDS A. General: All yards and setbacks shall be in relation to individual parcel boundaries. B. Minimum Lot Area: 2600 square feet per dwelling unit. C. Minimum Lot Width: none D. .Yard and Setback Requirements: Front yard: principal structures: 20 feet accessory structures: 10 feet with a minimum of 18 foot driveway as measured from the back of curb or the back of sidewalk when present to the face of the garage door or carport facia. Distance between principal structures: One half (1/2) the sum of the heights of the walls adjacent one another. Rear yard: 10 feet or 0 feet when abutting preserve or lake. Distance from all tract boundaries: principal structures: 15 feet accessory structures: 10 feet E. Minimum Floor Area: 750 s~uare feet. F. Off-Street Parking and Loading Requirements: As required by Collier County Zoning Ordinance in effect at the time of building permit applications. Whenever the driveway services more than 100 dwelling units, there shall be no direct access for parking adjacent to that driveway. G. Maximum Height: 2 stories, 40 feet as measured above parking. O1-004Y0.DOC 6.1 PURPOSE The purpose of this section is to identify specific development standards for areas to be developed on Exhibit "A" as multi-family low rise residential development. Multi-family low rise residential development may be permitted in parcel groups "B" and "C". 6.2 MAXIMUM DWELLING UNITS The maximum developed units of multi-family low rise residential development shall be sub~.ct to mark,t conditions. However, a total of 800 units is the maximum permitted density of the entire project. USES PERMITTED No b~ilding of structure, or part thereof, shall be erected, altered or used, or lands used, in whole or part, for other than the following: · A. Principal Uses condominiums or similar multi-family 1. Apartments, units 2. Water management facilities and lakes. 3. Utility and maintenance storage faoilities. 4. Any other use which is comparable in nature with the foregoing uses which the Planning Services Manager determines to be compatible in this district. Accessory Uses 1. Customary accessory uses including covered garage areas. 2. Signs, subject to Collier County Sign Ordinance. 01-004Y0.DOC .... 3. Sales, administrative offices and model units shall be permitted in conjunction with the promotion of the development prior to platting. Th~ model units can be converted to residences subject to the provisions of Section 2.5. 4. Neighborhood recreational facilities including but not limited to pools, cabanas, tennis courts and restrooms. Any other use which the Planning Services Manager determines to be compatible may be permitted. 6.4 DEVELOPMENT STANDARDS A. General: Ail yards and setbacks shall be in relation to individual parcel boundaries. "~ B. Minimum Lot Area: none. C. Minimum Lot Width: none. D' Yard and Setback Reguirementsz Front yard: 20 feet for principal structures. 10 feet for accessory structures Distance between principal structures: One half (1/2) the sum of the heights of the walls adjacent one another. Rear yard: 20 feet for principal structures. 10 ft. or 0 ft. when abutting a preserve or lake for accessory structures. Distance from all tract boundaries: principal structures: 15 feet accessory structures: 10 feet E. Minimum Floor Area: 750 square feet. F. Off-Street Parking and Loadi~g Requirements: As Ordfna~ in effect required by Collier County Zoning _ . at the time of building p~:rmit applications or where the driveway services bore than 100 dwelling units, there shall be no direct access for parking adjacent to that driveway. Maximum Height: 3 stories, 50 feet as measured above G. parking. 18 01-O04YO.DOC SECTION VII MULTI-FAMILY MID RISE RESIDENTIAL DEVELOPMENT 7.1 PURPOSE The purpose of this section is to identify specific development standards for areas to be developed on Exhibit "A" multi-family mid rise residential development. Multi-family mid rise residential development may be permitted in parcel groups "C". 7.2 MAXIMUM DWELLING UNITS The maximum number of multi-family mid-rise residential dwelling units within the PUD shall be subject to market conditions. However, a total number of 800 units is the maximum permitted density of the entire project. 7.3 USES.PERMITTED NO building of structure, or part thereof, shall be erected, altered or used, or lands used, in whole or part, for other than the following: A. Principal Uses I Apartments. 2. Condominiums. 3 Water management facilities and lakes 4. Utility and maintenance storage facilities. 5. Any other use which is comparable in nature with the foregoing .uses which the Planning Services Manager determines to be compatible in this district. Accessory Us~s 1. Customary accessory uses including covered garage areas. 2. Signs, subject to Collier CountySign Ordinance. 01- 004 Y 0. DOC 3. Sales, administrative offices and model units shall be permitted in conjunction with _the '- promotion of the development prior to platting. The model units can be converted to residences, subject to the provisions of Section 2.5. 4. Neighborhood recreational facilities including but not limited to pools, cabanas and restrooms. Any other use which is comparable in nature which the .. Planning Services Manager determines to be comparable may be permitted. DEVELOPMENT STANDARDS A. General: All yards and setbacks shall be in relation to individual parcel boundaries. B. Minimum Lot Area: none. C. Minimum Lot Width: none. D. Yard and Setback Requirements: · Front yard: 25 feet for principal structures. 10 feet for accessory structures. Distance between principal structures: One hatf (1/2) the sum of the heights of the principal structures. Rear yard: 25 feet. Distance from all tract boundaries: 15 feet. E. Minimum Floor Area: 750 square feet. F. Off-Street Parking and Loading Requirements: As required by Collier County Zoning Ordinance in effect at the time of buildin~ permit applications or where the driveway services motS,, than 100 dwelling units, there shall be no direct ,'access for parking adjacent to that dwelling. ' G. Maximum Height: 7 stories, 80 feet as measured above 01-004¥0. DOC RECREATION PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the P.U.D. Master Plan Exhibit "A") as parcel "D" recreation. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for othor than tho following: 1. Biking, hiking, canoeing, and nature trails, bridges, boardwalks and overlooks. 2. Parks, tennis and racquetball courts, basketball courts, exercise courses, and swimming pools, and any other community neighborhood recreational facilities. 3. Community recreation center buildings, recreational shelters, gazebos, clubhouse, restrooms, and wildlife sanctuary/management areas. 4. Water Management and essential services facilities, landscape buffers, berms, and walls or other permitted treatments as in Section X. 5. Any other recreational and open s~ace activity or use which is similar in nature with the foregoing uses and which the Planning Services Manager determines to be compatible with the intent of this district. 6. Gates and gatehouses. centers if authorized by Property Owners Association '~'~ OI-O04¥O.DOC 600It 39~.,, 48 ~' B. Permitted Accessory Uses and Structures '~ 1. Accessory uses and structures cue. tomarily associated with the uses permitted in this i!'..! 2. Essential services and facilities. ~. 3. Caretakers residence. " 4. Sale. offic. and prop.try management of£ic m. :~" 8.3 DEVELOPMENT STANDARDS !~'i' A. Overall site design shall be harmonious in ter~s of landscaping, enclosure of structures, location of ~:~ access streets and parking areas and location and treatment of buffer areas as determined by site development plan regulations. B. Buildings shall be set back a minimum of twenty five I' (25) feet from right-of-way. C. 'Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from I direct glare or other interference. ~. D, Maximum height of structures: Fifty (50) feet. I E. Minimum distance between principal structuresg Fifteen :,.~. (15) feet. :l F. Setback from lakes: 20 feet. ~- G. Minimum standards for parking, landscaping and 1 lighting, shall be in accordance with applica .ble Collier County regulations in effect at the time : permits are sought. 01-004Y0. DOC ~P~ 49 · ~?~:' SECTION IX ,~i~,'. PRESERVE AREA " 9 · 1 PURPOSE I Preserve Area - The purpose is to preserve and protect iI vegetation in its natural state. It is designated preserve 9.2 USES PERMITTED i. No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following: ili A. Principal Uses ii.' 1. Open spaces/Nature preserves. 2. Small docks, piers or other such facilities 'i '. constructed for purposes of recreation for .i residents of the pr:joct. 3. Passive recreation, hiking trails, boardwalks, overlooks. . 4. These uses wll .1 be subject to receipt of appropriate permits. GENERAL DEVELOPMENT COMMITMENTS '~' 10.1 PURPOSE The purpose of this Section is to set forth the general commitments for development of the project. 10.2 P.U.D. MASTER PLAN Ail facilities shall be constructed in accordance with final site development plans, final subdivision plans and all applicable state and local laws, codes and master regulations except where specifically noted. A.. The PUD Master Plan (Exhibit "A") is an iljustrative preliminary development plan. B. The design criteria and layout iljustrated on the Master Plan and the exhibits supporting this project · shall be understood as flexible. C. Master Plan design changes shall be permitted subject to County staff administrativ9 approval, when subject · changes are consistent with the intent of site development plan and subdivision master plan requirements of this project. D. All necessary easements, dedications, or other instruments shall be granted to insure the continuance operation and maintenance of all service utilities. E. Agreements, provisions, or covenants which govern the use, maintenance and continued protection of the PUD ' and common areas, will be provided. 10.3 SOLID WASTE DISPOSAL Arrangements and agreements shall be with the approved waste disp?sal service to provide for solid waste collection service to all areas of the proj. ect. 01-004Y0. DOC 3~ 10.4 TRANSPORTATION 1. The developer shall provide up to 60 feet of road right-of-way along the north side of 111th Avenue and the east side of Vanderbilt Drive (CR 901). If the project's lake system can accommodate roadway drainage needs, right-of-way requirements can be reduced along each road. 2. The developer shall provide left and right turn lanes on the Vanderbilt Drive at the project access. 3. The developer shall provide left and right turn lanes at the U.S. 41 entrance. He shall provide his fair share towards the construction of a traffic signal at this entrance when warranted. 4. The developer shall provide arterial level street lighting at the project entrances. 5. If gate houses are to be used they shall be located so . as not to cause entering vehicles to be backed up onto any County road. 6. Road impact fees shall be in accordance with the schedule contained in Ordinance 85-55, or as it may be amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. 7. Access improvements shall not be applied as impact fee credits and, along with right-of-way donations, shall be in place before any certificates of occupancy are issued. 8. The Developer shall provide for the removal and ultimate discharge of historic road run-off and drainage from adjacent, road corridors. It is recommended that such pro~isions include improved swale and Vanderbilt Drive drainage along lllth Avenue frontage and also provide appropriate easements for the removal and ultimate discharge of such run-off through the project. L 9. These improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required b~ that ordinance. Road Impact Fees shall be pa d in '[ accordance with the fee schedule and applicable development type as set forth in Ordinance 85-55. i,i.? 2 5 !.:. 01-004Y0. DOC / bOOK ~ PA,~,L 52 10. If U.S. 41 south of Immokalee Road to Vanderbilt Beach Road actually operates at less than its adopted LOS or is projected to operate within one year at an unacceptable LOS, then the combined projects shall be phased so that traffic movements generated by the projects do not exceed 5% of LOS "C" for a 4 lane arterial on U.S. 41 south of Immokalee Road (CR 846)to Vanderbilt Beach Road (i.e. 1650 DTE) or until such time as the LOS on U.S. 41 equals its adopted LOS "D" widenedStandard or better, or that segment of the roadway iSto six lanes. 11. One hundred eleventh Avenue (lllth Ave.) and Vanderbilt Drive require short term and long term travelway improvements to handle substantial increases in roadway traffic volumes. Short term improvements include, for example, widening the existing travel lanes on 111th Avenue to a width of twelve (12) feet with appropriate road shoulders, sidewalks, and drainage slopes. Long term improvements include, for example, the four laning of lllth Avenue and Vanderbilt Drive. Since such · travelway improvements are needed to safely and adequately handle future traffic and since the funding/timing of the improvements will be a determining factor in the approval of dwelling units, the Developer shall share in the cost and cooperate with the County in assuring the minimum road improvements are in place concurrent with the number of approved dwelling units. Such cooperation may include advanced road improvement by the developer in exchange for road impact fee credits. 12. The developer shall dedicate up to 30 feet of right-of-way adjacent to Naples Park Elementary School to extend 7th Street North of lllth Avenue North. This area shall be the minimum area required for the realignment and may be irregular in shape. 10.5 W~TER MANAGEMENT 1. Detailed site drainage plans shall be submitted to 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. 2. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. 01-004Y0. DOC ~JOK PA~£ 3. An Excavation Permit will be required for the proposed lake(s) in accordance with Collier County Ordinance No. 88-26 and SFWMD rules. 4.A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. 5. A.Con~eptual permit from South Florida Water Management District or, a copy of the permit application with supporting information submitted to South Florida Water Management District. and all subsequent correspondence shall be provided prior to construction plan approval. 6. A legal agreement indicating that Beachway will grant 21 to Beachway's water the right to Plaza utilizQ management system for storage and conveyance shall be provided prior to any construction activity. 7. A legal agreement indicating that Beachway will grant the right to a portion of Naples Park, vacant land, Naples Park Elementary and a portion of Memorial Gardens to utilize Beachway's water management system . for conveyance shall be provided prior to any construction activity. 8. The developer shall commit up to $570,000 in drainage improvements, within the Beachway project, to up size pipes and structures to accept the d=ainage from the north portion of Naples Park. 10.6 ENVIRONMENTAL A. A site clearing plan shall be submitted to the Development Services Department for review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule and may be ~ssued prior to platting. The site clearing plan shall clearly depict ona PUD wide basis how the final site layout incorporates retained native vegetation and how buildings, lak.s, parkir~g lots, and other have been oriented to accommodate this goal. 1. Petitioner shall be subject to Ordinance No. 75-21 as amended by Ordinance No. 89-58 (preservation of ' native habitat and the tree removal _permitting). ~:~ Conservation Jurisdictional boundaries must be 'il. recorded. 01-004Y0 · DOC · ~1' 2. Petitioner shall be subject to Ordinance No. 82-37 ~!i'~ as amended by Ordinance 89-53 (removal of exotic species). ~'"' 3. Petitioner shall be subject to Ordinance 89-37 (use of native species in landscaping) and site landscaping shall be designed to comply with xeriscape principles as defined by the SFWMD. 4. Petitioner shall cease all development and construction activities in. the vicinity of any found archaeological or historical site and contact the Collier County Planning Services, Environmental Review Staff. 5. Ail wetland preserves indicated on the site master plan must be provided with a twenty-five (25) foot upland vegetat ire buffer and indicated asa vegetative buffer on all subsequent site plans and plats submitted for County review. However, shallow water management facilities, i.e., spreader swales and dry retention areas may be allowed within the twenty-five (25) foot buffer. 6. At the time of platting, all areas designated for preservation (preserve or preserve/ST) shall be recorded as easements or tracts and provided with i protective covenants which require the area to be maintained in their natural (unaltered) state. Any development within such easements or tracts will be consistent with permitted uses designated in Section IX and the terms of this document, provided required local, state or federal any permits are obtained. I7. Isolated wetlands shall be evaluated for Collier County jurisdiction at the time of proposed impacts. If isolated wetlands are determined to be jurisdictional and if the proposed impacts are approved, then mitigation shall be required in compliance with Collier County Comprehensive Plan Policy 6.2.10. Mitigation as specified shall be required for any and all proposed impacts to the Iwetland described above. preserve as 8. Protected species surveys shall be required for all subsequent site plans submitted to the County for approval, if deemed necessary .by Collier County environmental staff and if previous surveys are over two (2) years old. ;-'.' 01-004Y0.DOC :,001( 55 ,..~ lake #5 and other similar 9. Portions of the proposed xeric oak scrub or other suitable gopher tortoise burrowing habitat areas totaling no less than 7.45 acres and configured to incorporate the largest possible contiguous area or areas shall 'be dedicated as upland scrub preserves to comply with Collior County Comprehensive Plan Policy 7.3.4 and Ordinance No. 89-58. The aforementioned upland preserves shall be designated by mutual agreement between the petitioner and Collier County environmental staff and shall be indicated on the revised Subdivision Master Plan prior to approval. Other habitats may be deemed acceptable to meet the aforementioned requirements if offsite relocation of the gopher tortoise population is approved by state permit. 10. Stem wall construction shall be required if proposed construction utilizes fill and the fill or side slopes appear to encroach into preserves or preserve buffers. 11. Former Special Treatment "ST" zoned wetland preserves shall be deeded to the County or an acceptable private entity or placed in a perpetual trust with an easement in favor of Collier County, as required in Section 10.6.A.6. of this document. Recording of such deed, trust or easement will not result in a reduction of gross land area utilized for calculating ~ermitted residential densities established in this PUD document. It will also be consistent with permitted uses established in Section IX and allow development of the principal uses established in Section IX of this document provided any required local, state or federal permits are obtained. 12. Any future proposed dock construction shall comply with the Florida Department of Natural Resources (DNR) manatee protection plan. 13. If turkey oaks a.re disoovered during tree removal permitting, they shall be transplanted to the upland preserve areas or utilized in project landscaping. 10.7 FIRE PROTECTION The project development shall comply with all applicable fire codes and regulations. Fire hydrants shall be installed in accordance with current regulations at the time of construction. 10.8 ENGINEERING AND UTILITIES 1. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 2-91. 2. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be des.igned, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 3. All customers connecting to the water distribution and 'sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County' s established rates. The water system to serve the 4. on-s ite distribution proJ.ct mus% bQ connect,d to the District's 12 inch water main on the north side of 111th Avenue North, extended through the project and tied to the existing line on CR 901 consistent with the main sizing requirements specified in the County's Water Master Plan. The coordination for the location and sizing of the main extension shall be processed through the County Utility Division. 5. The utility construction documents fo.r the proJect.'s sewage system shall be prepared to contain the design and construction of the on-site force main which will connect the project to the central facilities of sewage the District in the 111th Avenue North and/or County Road 901 rights-of-way. The force main must be extended from the main on-site pump station to the rights-of-way line of lllth Avenue North and/or County Road 901. 6. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, 01-004Y0. DOC ~b~ 39 P~t;l. 57 consistent with the C?unty's Water Master Plan to District' assure that the s water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. 7. The existing off-site sewage transmission facilities of the district must be evaluated for hydraulic capacSty outside to serve this project and improyed as required _ the projects boundary to provide adequate capacity to transport the additional wastewatera:er generaenerated without adverse impact to the existing transmission facilities. 10.9 DEVELOPMENT SEQUENCE AND SCHEDULE The property £, to be velop d over an .,tlmat.d y.ar time period. This projection of project development is no more than .an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. Table I indicates, by project year, the estimated absorption of units for the development period. 10.10 EASEMENTS' Easements shall be provided for water management areas, utilities and other purposes as required. 10.11 LAKE SITING As depicted on the P.U.D. Master Plan (Exhibit "A"), lakes and natural areas have been preliminarily sited. The goals are to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. "Accordingly the pertin'ent setback requirements described in Ordinance No. 88-26, Section 8A may be reduced with.the approval of the authorized County official. Fill material from the lake is planned to be utilized '~ithin the project. However, excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards may be removed and utilized off site subject to the requirement of Ordinance No. 88-26, including but not limited to traffic impact fees, etc. Removal of material in excess of 10% of total or maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance No. 88-26". To assure site specificity, construction plans and plat must be submitted with excavation permit submittal. 31 01--004Y0. DOC 10.12 EXCEPTIONS TO THE SUBDIVISION REGULATIONS The following requirements of the subdivision regulation shall be waived subject to review and approval by the Collier County Engineering staff at the time of construction plan submittal. A. Article X, Section 16: Sidewalk/bicycle paths will be provided on one side of each road within the subdivision except cul-de-sacs under five hundred (500) feet in length. These cul-de-sacs will not be required to have sidewalk/bicycle paths on either side of the road. Sidewalks will be at least three (3) feet in width in the area of lake 3 only. Sidewalks shall meander from one (1) foot inside the rights-of-way to four (4) feet from the back of the valley gutter. B. Article X, Section 19: Street name markers shall be : approved by the Director of the Collier County D.O.T., but need not meet the USDOTFHWA Manual on Uniform Traffic Control Devices. Street pavement painting, striping and reflective edging of roadway markings shall be waived for the local roads within the subdivision. C. Article XI, Section 10: PRM's installation in a typical water valve cover shall be waived. D. Article XI, Section 17G: Street Pavement Widths: The main spine road shall have two twelve (12) foot lanes. Requirements for local roads to have two twelve (12) foot lanes shall be waived to two ten (10) foot lanes only on roads generating less than 500 vehicular trips per day. ' E. Article X, Section 171: The requirement of utility casing installation shall be waived. F. Article XI, Section 17I: Back of curb radii at street intersections shall be a minimum of thirty (30) feet for intersections at interior roads with the exce tion of the two entrances of the subdivision which shal~ be a minimum of forty (40) feet. G. Article XI, Section 17J: Requirement for 100 foot minimum tangent at intersections of local to local and local to collector roads within the subdivision, with the exception of the two entrances of the subdivision, shall be waived. No tangent shall be required at the local to local and local to collector intersections. i~ H. Article XI, Section 17G: Appendix "D" Local Road · Typical Section shall be waived A fifty foot (50') right-of-way typical section shill be approved for those roads generatin~ less than 500 vehicular trips per day with the exception of the main spine road. The typical section shall contain a four foot (4') sidewalk and a three foot (3') sidewalk in the area around Lake 3 except as noted in exception A. · I. Article XI, Section 17K: The request for waiver of one hundred (100) foot tangent sections between reverse streets within the subdivision is curves on all recommended so that no tangents be required between reverse curves within all streets except the main spine i road. The appropriate tangent length for the main spine road shall be in accordance with AASHTO requirements based on final geometry and final design speed. I~ J. "Article XI, Section 17F: Street Right-of-Way Width: ~? The main spine road shall have a sixty (60) foot ~'~'"' right-of-way. All other interior roads within the I subdivision shall have fifty (50) foot rights-of-way, · if the roads generate less than 500 vehicular trips per ~,.~ day. 10.13 SIGNAGE The developer intends to create a uniformly designed special signage and identification system ~ncluding, but not limited to, subdivision and entrance signs for the p~oject to compliment the intended development themes and architectural styles. Project identification signs shall be allowed at the principal project entrances to the Beachway PUD at Vanderbilt Road and U.S. 41. These may not exceed one hundred and fifty (150) square feet in total area at each entrance and shall not exceed a height of fifteen (15) feet above the established grade· Additionally, project entrance signs announcing the name of the planned residential comple~ shall be allowed. Each identifiable residential p~oject development shall be allowed one project entrance sign, not to exceed an area of eighty (80) square feet and a height of ten (10) feet above the established grade. 33 Utilization of the right-of-way for landscaping decorative entrance ways, and signage shall be reviewed and approved by the Transportation Director prior to any installations. 10.14 ESSENTIAL SERVICES Essential services are considered as an acceptable permitted use on all land use categories within the project as approved via the site development plan approval process. 10.15 ROADS Roads within the development may be either public or private roads, depending on location, capacity, and design. Gating and/or gatehouse may be located on private roads only. The ' accesses into the multi-family tracts shall be determined in the SDP/SMP process and shall be as closely aligned as practical and shall meet the requirements of the Collier County Right-of-Way Ordinance, 82-91 wherever practical. 10.16 PERIMETER TREATMENTS The perimeter of the project is intended to be buffered/screened from adjacent properties and rights-of-way by combination of any or all of the following; vegetative buffers, berms, walls, fences or other materials in keeping with the aesthetic theme and quality of the proposed project. Additionally, it shall be allowed that gazebos, towers, arches, fountains or other architectural monuments be incorporated within the perimeter treatment and that setback and height restrictions shall be waived on these architectural elements, subject to review and approval of the County Engineers as they pertain to setbacks from rights-of-way and line-of-right traffic requirements. The buffering/screening of the perimeter of the project shall be of such design that it will allow the runoff to flow as designed by the water management system. !':'? :~ ' 34 '"'~ 01-004Y0 · DOC '~:' TABLE I ESTIMATED ABSORPTION SCHEDULE PROJECT RESIDENTIAL YEAR UNITS 1 200 4 200 TOTAL soo u~I~s 35 TABLE II PARCEL GROUPS Paroel Group , - Permitted Land Uses Group "A" ~[ S~ngleLargeFamilYand SmallResidentialLots Development Group "B" ~ Single Family Zero Lot Line Residential Development Multi-Family Cjustered Residential Group "C" ~ Multi-Family Low Rise Residential Multi-Family Mid Rise Residential ~6 ... 01-004Y0 ~C :~ 8TATK OF FLORIDA ) COUNTY OF COLLIER ) ~"' X, 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. 90-45 which was adopted by the Board of County Commissioners on ~:he 5th day of June, 1990, during Regular Session. WITNESS my hand and the official seal of the Bom~d of "' Oounty Commissioners of Collier County, Florida, this lSth day of June, 1990. 'JAMES C. SlLES Clerk of Courts and Clerk'j~~''lt:~ Deputy Clerk .'. '": '.'