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Ordinance 89-083m ORDINANCE 89- 33 AN ORDINANCE AMENDING ORDINANCE NUMBER 81-91, WHICH ESTABLISHED #SUM~ERWOOD PLANNED UNIT DEVELOPMENT" BY AMENDING SECTION I - PROPERTY OWNERSHIP AND 'DESCRIPTION, PARAGRAPH 1.3 PROPERTY OWNERSHIP; SECTION III DEVELOPMENT COMMITMENTS, PARAGRAPH 3.5 ~AFFIC, SUBPARAGRAPH B AND SUBPARAGRAPH D; PARAGRAPH 3.7, RECREATION, OPEN SPACE, BUFFER AREAS AND LANDSCAPING, SUBSECTION B AND BY ADDING SUBSECTIONS C AND D THERETO; BY ADDING PARAGRAPH 3.8, MISCELLANEOUS; AND BY AMENDING THE PUD ;4ASTER PLAN FOR PROPERTY LOCATED ON SOUTH SIDE OF RADIO ROAD (CR-8S6), APPROXIMATELY 3/4 MILE EAST OF AIRPORT ROAD (CR-31), IN SECTION 1, TO%;NSNIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 22, 1981, the Board of County Commissioners approved Ordinance Number 81-91, which established the Summerwood Planned Unit Development; end,PC WHEREAS, Kathleen C. Passidomo of Hatter, Secrest Emery, P.A., representing OMA Development Corporation, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance Number 81-91 and; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: Ordinance Number 81-91, Section I, Property Ownership ge~h?-Nep~esr-P~e~da-ee94e. OF~. Oevelooment Co~ooration. a Florida corooration. 4100 Corporate Square. Suitu 129. Naoles. Florida 33942. Ordinance Number 81-91, Section III, Development Commitments, Paragraph 3.5, Traffic, Subparagraphs B and D shall be amended as follows: 3.S TRAFFIg Access to the proposed property shall be from Radio Road. All internal roads shall remain as private roadway. WoFdl-o~Fuek-~hFough are deleted~ words ~ are added. --1-- A. Left and right turn lanes shall be provided on Radio Road. B.-o-£~ranee-dr~ve-sha~-be-~-a~gnme~-w~ the-½~dustr~a~-park-e~-~he-north-o~de-o! Rad&e-Readr Entrance drive shall be located as shown on the Revised Master Development Plan. C. Developer shall pay his fair share of the capital costs of a traffic signal when deemed warranted by the County Engineer. The signal will be owned, operated and maintained by Collier County. D. A sidewalk shall be provided-en-eme-sfde e~-ehe-~nterseetfem-w~h-ehe-½eep-readv alone the east side oF the entrance drive, Ordinance Number 81-91, Section III, Development Commitments, Paragraph 3.7, Recreation, Open Space, Buffer Areas & ~andscaping, Subparagraph B shall be amended as follows and Subparagraphs C and D shall be added as follows: 3.7 RECREATION. OPEN SPACE. BUFFER AREAS & Ae The project sponsor agrees to provide a minimum of 0.33 acres within the boundary of Summerwood for a neighborhood park. Additional acreage for recreational facility development may be needed by the future residents of this project. The land occupied by the sanitary treatment plant shall be used for private recreational facility development at the time of and upon connection of the central collection system to a County or Municipal own regional system. Be A natural vegetation buffer area along the west property line shall be provided as shown on the revised master development plan. No trees other than ~otics shall be removed from the buffer area. -A-m~n&mum-w~d~h-eE-apprex~ma~e~y ~he-ner~he~n-pa~-and-a-m~n~mum-w~d~h-e~ ma½m%a½ned-a%-~he-so~%hern-par~-o~-sa~d b~er-arear A ten fl0) ~allon s~ze wax myrtle hedae shall be planted alone the buffer area on the west mro~er~v line accordin, to the revised master development plan and the hedge sha~ be allowed to qrow t~ full heiaht. ~,,:,'~:~ ~ D. Three f3) ~allon size ficus Dlants shall ' ' be planted with the lrriaation in the four areas as shown on the revised master Dian with natural openings in the buffer area as shown on the revised master dQveloDment Plan. i~L, Ordi.allCe Number 81-91, Section III, Development J~' A. Street end ~rou~d l~hts within the ~;~" property shall be lo6ated as shown on the ~'~ revised master development plan and shall :~ not be ~reater in height than six (6~ feet. If constructed on the property, tennis courts shall not be lit at nlgh~, No debris shall be burned on the property during the course of construction. Co D, An oiaht ¢8~ foot hiQh cement block shall be constructed alon~ a portion of the west property line as shown on the revised master development plan. Five (5) ten ¢10) aallon rices trees shall be planted along the west side of the wall, Sixty (60) three (3) aallon size w~ myrtle bushes shall be planted along the west side of tho wall. A drainaqo swalo shall be coDstructed alono the west of the wall, i~,... ~11 Ordinance shall become effective upo, receipt of }~;..~~ Ag TO FO~ ~D LEGAL SUFFICIENCY: ~SI~ CO~Y A~O~EY Thl~ aedlnanee filed ~dlh h FDA-89-8 ORDINANCE 81-91 AMENDMENTS Words-s~uek-threu~h are deloused; words ~ are added.' ,oo, 03%.:123 SUI~FIERgOOD PUD DOCUltENT~ ORIGINAL WITH CHANGES NOTEs Original text ho be deleted are linea through. Proposed changes are underlined. ORDINANCE 81- 91 JM¢ ORDINANCE A~,Ir'-NOING ORDINANCE 76-30, COMPIU:IIENSZV= ZONING REGULATIONS FOR , ~INCOR~O~TED A~A or Til~ COASTAL ~NZNG DISTRICT BY ~ENOZNG ~1~ ZONZMG · AT~S ~ NUMBER 50-25-1 BY CIIANGING TH~ ZONING C~SSZFZCATZO[I 0F TII~ H~P~ZN '' DESC~BED ~ PRODERT~ FROH "A' AGRI- ~L~U~ TO "PUD" P~(NED UNIT D~VELOPME~IT · ~OR 60 IIULTZF~{ZLY DiaLLING U~IZTS: PART OF ~ECTZO~I 1, T0i~SHZP 50 ~0UTH, ~NGE 2S ~:I ~D BY ~ROVZDI~G ~ EFFE~ZV~ PAT:. ~ O~ ~:y ~l~slone:s to change ~he ~onfn9 C~assl~ica:lon o~ ~ ~e~e~ 8·scribe6 zeal ~ropo:~/~ . ' ' &teache~ he:eeo as ~xhibie "A" which is ~n~o_~:~=~v~ he:·in and b~=e£e~enceJ~Ec & part herto£. ~hi'O~lciaL ~oging Atlas Hap .JCtmbe= 50£2S-1~ as desc=lbed &n O=dlflance 76-30~ ~s heceby . ~anded accoz~ngL¥o .... , .";: I 0 This'Or~nanae shall bacoma effective upon r~c~lpt o~ DATE~ ~ce~ar 22, 198~ ~OARD OF COU~TY CO~SSION=~S' . · CO~LI~ COUNTY~ ~LO~IDA ' ~SS my h~nd ~nd the o~lcial se~l'~f"t~tt ~%i:a o~ CoUnty '' Cle~ og Courts and Cle=k ·? ' . ~ . · .. · ..~- ~ ~. Thts ' filing received this 4th day of January, 1982.* ' 03'7 m :L26 i· "'t. SUMERHOOD. A' .'. PLANII£D UNIT DEVgLO~MENT FOR 1'4.97--% ACRES .PREPARED DY: H'ILLER, BARTON, SOL~, & PEEl(, ZNC. 1303 AI~ORT ~0~ NORTH NAPLES~ FLORIDA' 33942 · ~o~E~ ~o. ~s oo TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II · · PROJECT DEVELOPMENT REGULATIONS , ? SECTION III DEVELOPMENT COMMITMENTS PAGE 1 2-3 4-5 6-8 STATEMENT OF C0r~PLIAN~E The development of 14.97(~) areas of property in Section 1, Township 50 South, Range 25 East, Collier County, Florida, as a Planned Unit Development will comply with the planning and development goals and objectives of Collier County. These objectives are set forth in the Comprehensive Plan, which includes growth policies and an official land use guide for directing land development activities as adopted by the Board of County Commissioners on May 8, 1979. The Sumerwood Planned Unit Development will comply with the planning and objectives for the following reasons: The proposed land use is consistent with the Comprehensive Plan Land Use Guide and compatible with the surrounding uses. A complete range of urban services and facilities shall be provided to all units of the project. The project rates the necessary points to determine availability of adequate community facilities and services and therefore not leap frog growth or development. The project shall comply with the applicable zoning and all other County and State laws regulating the development of the property. The cjustering of residential units and more common open space provides flexibility in design and shall improve the living environment of the development. The project will be served by a complete range of County approved utilities. The development of the property shall result in a natural and efficient extension of community support serwices and facilities. _Page 1.1 PURPOSE SECTION I PROPERTY OWNERSHIP & DESCRIPTION The purpose of this Section is to set forth the location and ownership of the property and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTIO~ The subject property being 14.97 acres, is described as follows: The northeast 1/4 of the northeast 1/4 of Section 1, Township 50 South, Range 25 East, Collier County, Florida; except t-P~erefrom the North 50.00 feet for S-858 road right-of-way, and the northeast 1/4 of the northeast 1/4 of the northeast 1/4 of said Section 1, and all that part lying west of the east line of Coconut Creek Unit No. 3 according to the plat thereof as recorded in Plat Book 3, Page 48, Collier County Public Records, Collier County, Florida; being a part of Section 1, Township 50 South, Range 25 East, Collier County, Florida; subject to easements and restrictions of record. 1.3 PROPERTY OW~;ERSHIP Title tc the property is currently held by Bar=net~ ~0-1~1~,~9~ 54~h-Aven~e ~ou~,~a~-e~7, ~..o~.'da-3~94~9. GM3% Develooment Corporation. a Florida coruoration. 4100 Coroorate Scuare, Suite 129. Naples. Florida 33942. 1.4 ~ENERAL DESCRIPTION OF PROPERTY AREA The project site contains 14.97(±) acres and is located in part of the northeast 1/4 of the northeast 1/4 of Section 1, Township 50 South, Range 25 East, which is approximately 3/4 mile east of Airport Road and situated 'on the south side of Radio Road. The western boundary is bordered by Block "G" of Coconut Creek Unit 3 Subdivision. To the east is the Foxfire · Planned Unit Development and to the south is Buckeye Estates Subdivision. The major portion of the north property line is ,~b6rdered by the Cablevision station. Page Be Prior to the adoption of this document, the property was zoned "A" Agriculture. The property is designated by the Comprehensive Plan as Medium Density Residential Land Use (0- 6.22 units per gross acre), and is located within the Collier County Water-Sewer District and Collier County Water Management District }to. 6. The property lies within the natural drainage basin of Rock Creek. The natural drainage of the site is in a general southwestern direction to the southern border where an existing drainage ditch carries over land flow into the head waters of Rock Creek. Rock Creek discharges into the Gordon River and Naples Bay at a point just north of U.S. Highway 41 and southwest of the Naples Airport. Water Management for the proposed project is planned to be of the lake retention type. The existing drainage ditch, bisecting the property into east and west sectors, shall be relocated.a~ong the north and east property line with ultimate intersection with the existing south drainage ditch. Elevations within the project site range from 7.5 to 9.4 feet above mean sea level. Most of the area falls within the range of 8.0 to 9.0 feet of elevation. The soil types of the property include Charlotte fine sand, Arzell fine sand and Broward fine sand. Soil characteristics are derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture in March, 1954. ~00~ Page 3 S ECTIO~; II PROJECT DEVELOPMENT REGUL~\TIONS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses included in the project, as well as the project criteria. 2.2 GENERAL Regulations for development shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the "Collier County Zoning Ordinance". The general plan of development is for a multi-family residential community. 2.3 PEP~MITTED USES A};D 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. 1. Multi-family dwellings. 2. Water Management facilities and lakes. 3. On-site Sewage Treatment facilities. B. Permitted Accessory Uses and Structures. 1. Customary accessory uses and structures. 2. Signs. 3. ' Recreational Facilities. 4./ Model units shall be permitted in conjunction with the ,./,/ promotion of the development. 'The model units shall be converted to residences at the end of a two (2) .year period unless otherwise specifically approved by the County. 2.4 }~AXIMI/M DENSITY Sixty (60) multi-fanily dwelling units. Page 4 · 5' MINIMUM YARD REOUIREMENT To be m~asured from outside boundary lines of property, a minimum of thirty (30) feet plus one (1) foot for each two (2) feet of building height over thirty (30) feet. A minimum of thirty (30) feet plus one (1) foot for each two (2) feet of building'height over thirty (30) feet shall be maintained between the edge of all private road pavements and any building. 2.6 DISTANCE BETWEEN STRUCTURES The distance between any two (2) principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one-half (1/2) the sum of their heights, whichever is the greater. 2.7 ~)OR AREA OF PRINCIPAL STRUCTURES..~ Nine hundred (900) square feet for each dwelling unit. MAXIMUM HEIGHT OF STRUCTURES Two (2) stories above the finish grade of the lot. In order to comply with the minimum flood elevation requirementm, the maximum height of a structure shall be measured from the minimum base flood elevation required by tho Flood E1Qvation Ordinance. 2.9 MINIMUM OFF-STREET PARKING Two (2) parking spaces per residential unit with a minimum of 1.5 parking spaces per unit paved and .5 parking spaces/unit reserved for paving at a time deemed to be appropriate by the County. 2.10 LIMITATION ON SIGNS As permitted by the zoning application for building permit. ordinance in effect at time"'of / Page 5 037 133 SECTION III DEVELOPI4ENT COmmITMENTS A central water supply system shall be made available to all areas of the project by the extension of the existing Collier County Water System, located along S.R. 858, Radio Road. The design and construction of the potable water distribution system shall comply with all applicable regulations, including the construction and dedication of any required water mains. All appropriate fees and charges, shall be paid. The project shall be served by an on-site central wastewater collection system. Until such time that the site is served by ColliQr County's WatQr-Sewer District, the temporarily on-site system shall serve to provide wastewater treatment and disposal for the project. Project sponsor sharl--dedicate the collection lines to the County at the time when the regional system is made available. Ail applicable County ordinances relative to the dedications, lease back of the utility facilities shall be complied with. Ail applicable County ordinances relative to water and sewer system development chargas shall be complied with. All utilities shall be provided in accordance with all State and County regulations. Telephone, power and T.V. cable service shall be made available to all residential units. All such utility lines shall be installed underground. WATER MANAGEMENT The Water Management system.shall comply with the requirements of the South Florida Water Management District and Collier County. The final water management system design shall be reviewed and approved by the County Ep~ineer prior to commencement of development. Page 6 A sixty (60) foot widQ drainage easement shall be dedicated to Collier County for the relocated drainage canal. Drainage canal between Sumerwood and Rook Creek shall be upgraded to provide for all design flows. Arrangements and agreements shall be with the approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 3.4 FIRE PREVENTION/PROTECTION The project sponsor shall comply with all applicable fire codes and regulations. __- " 3.5 TRAFFIC Access to the proposed property shall be from Radio Road. internal roads shall remain as private roadway. Ail A. Left and right turn lanes shall be provided on Radio Road. ~n~r~c~ d~iv~ shall- b~ i~- al-ign-~ent-- w'_~_h ~-he--in~s%.rial-pa.-k c~n ~h~- n~r-~h--s:~de- o~ Radio-Rea-~. .~.ntrance drive shall be ~ocated as sho..'n on the Revised Master Qevelosment P~.a~. Developer shall pay his fair shar~ of the capit~l co,tm of a traffl~ ~lgnal when deemed warranted by the County Engineer. The signal will be owned, operated and maintained by Collier County. A sidewalk shall be provided ~n--ona ~ida ,f-t~+e-in~er, eeti, n w-i-t~-t%+e-l~o~ ~oa~. alo~ the east side of.th~ eDtran~e drive. 3.6 SITE DEVELOPMENT PLAN Minor de6ign changes in the approved preliminary master development 'plan issued .6y Wilson, Miller, Barton, Soll& Peek, Inc., File No. RZ- 60, shall~be permitted, subject to the County Staff Administrative approva~/'in order to accommodate easements, final design features and other ¢6nstruction and/or utility functions. Page 7 · o o ,oo~ 037~" RECREATION. OPEN SPACE. BUFFER AR~$ & LAND$C~PI~;G The project sponsor agrees to provide a minimum of 0.33 areas within the boundary of Sume~ood for a neighborhood park. Additional acreage for recreational facility development may be needed by the future residents of this project. The land occupied by the sanitary treatment plant shall be used for private recreational facility development at the time of and upon connection of the central collection system to a County or Municipal own regional system. Be A natural vegetation buffer area along the west property line shall be provided as shown on the Revised master development plan. ~;o trees or other exotics sh.ail be removed from the bu(fev area. A-mi-~imum-=wi~t~ of--a.~proo(im~te-!%, e-ight-y ~80}--fee~ ~ha-ll--be--ma-~nt~-inc~d a~ ~ 4~or~.~er~ pa~t-~nd--a ~in'~m~ w~cl~.h o~ app~-ox-~ma~el~- f'~ty--(~G) ~e~=--sh~ll ~e mai-~tai-me~- a~ ~ s~u~-he~ ~ar~ o~ ~ai~--bu~feq~ a-rea. A ten (t0} qallon size ~a× myrtle hedc. e shall be planted alonq the buffer area on the west urooert¥, line accordinq to th.e ~evised maste, r develooment plan and allow the hedqe t_..o cro'~ to_ full heicht. Three (3) callon size ficus Dlants shall be planted with. th9 irrication in the four areas with natural oueninos in th~ buffer area as sho~n on the Revised master development 9lan. 3.8 MISCELLANEOUS A. Street ~nd ~round liqhts within th~ property sha~.l be loc~te~ ~s shown on the ~ev~sed Daster development p~an and shall not be qreater than Six (6) feet in heiohg, B. If constructed in the pr0uerty, tennis courts shall not be lig at nicht. C. No d~bris shall be burned on the DroDertv durigq the.cQurse of construction. D. ~n ~icht {81 foot hich cement block wall shall be constructed · aloB~ g portion of the wesg property lin~ as shown on the R~vised master development plan. F&ve ~5} ten (~0) /~icus trees shal~ be D!.gnted alQn~ the west side of the wa. ll. ...~sixtv (60) three (3) qallon size wax myrtle bushes, shal~ planted alon~ the west s~de o~ the wal~. A drai~aqe swal~ ~hal~ be coDstructed a~onq the west side of the wall. Page 8 037,~:138 ! / ? '1 I I I \ ~.GREEMENT I, Kathleen C. Passidomo of Harter, Secrest & Emery, representing GMA Development Corp.. as owner or authorized agent for Petition PDA-89-8, agree to the following stipulations requested by thQ Collier County Planning Commission in their public hearing on November 2, 1989. G~A proposes to move the sidewalk running alongside the entrance road from the West side to the East side of the road. GMA proposes to relocate the entr~'n~e to the project further East according to the revised site plan dated April 1, 1989, and attached hereto. GMA proposes to plant a ten gallon size wax myrtle hedge along the buffer zone on the West side of the project according to the attached site plan and allow the hedge to grow to full height. GMA proposes to plant three gallon size ficus plants with irrigation in the four areas with natural openings in the project as shown on the revised site plan attached hereto. eo GMA proposes to relocate the tennis court on the project several feet to the East in accordance with the revised site plan attached hereto. GMA p'roposes to relocate the parking area of the tennis court from the North side to the South side of the court pursuant to the revised site plan attached hereto. GMA proposes to move the driveway in the project ten feet East and North of the tennis court as shown on the revised site plan attached hereto. h. GMA proposes to eliminate the tennis court lights. GMA proposes to lower street lighting to a maximum height of six feet. GMA proposes to relocate street lights from the West side of the roadway to other areas as shown on the revised site plan attached hereto. -1- .40 GMA agrees that the buffer should remain in its natural state and agrees that no trees or other exotics should be removed from the buffer area. GMA agrees to do no further burning of debris at the project. If exotics removed, the wax myrtle hedge will be continued South to dumpster. With regard to Mr. Gary Stevens, GMA proposes the following: GMA proposes to construct an eight foot CBS wall along the West side of the R~ject as shown on the revised site plan attached hereto. The wall will be painted on its West side a color of Mr. Stevens' choice. ne GMA will plant five (5) 10-gallon ficus trees between the wall as described in m.1 above and Mr. Stevens' property line. GMA agrees to plant sixty (60) three gallon size wax myrtles along the West side of the wall per specifications on the drawing. Plants to be hand picked and as close to four feet in height as possible. 40 GMA agrees to create a swale between the wall and Mr. Stevens' property to provide drainage as per drawing. With regard to the wall running parallel to Mrs. Fort's property, GAM agrees to plant three gallon size wax myrtles every three feet along said wall. The West side of said wall running parallel to Mrs. Fort's property will be painted the color of her choice. Mr. Stevens will be issued a check for $2,500.00 from GMA Development Corporation on 4/12/89. GMA Development Corporation will issue Coconut Creek Property Owners a check for $1,500.00 toward their legal fees. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed -2- construction in accordance with the submitted plans is granted by Project Review Servicss. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance 82-91. Ail requirements of subdivision ordinance must be met since no variances were requested. Prior to detailed construction plan approval, evidence showing that the 60' drainage easement has been dedicated and accepted by the"tT~unty. A 20' maintenance around the perimeter of the lake and an access easement to th~ maintenance easement shall be provided. REPRESENTATIVE FOR CCPC _ SWORN TO AND SUBSCRIBED BEFORE ME THIS OF C'~¢I~,~ /_a3~ , 1989. / NgTARY SEA L MY CO~ISSION EXPIRES: DAY PDA-89-8 AGREEMENT SHEET nb -3- STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 89-83 which was adopted by the Board of County Commissioners on the 28th day of November, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this §th day of December, 1989. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board'~f ~-~,~ '" ~' County Commissioners '.. f - '3'" -"..~ /s/Maureen Kenyon . .. Deputy Clerk .,}, '..