Ordinance 99-97ORDINANCE NO. 99-97
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, FLORIDA
BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER
8521N AND 8521S; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" AND
"PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
COLLIER TRACT 21, FORMERLY BEACHWAY PUD, FOR A
GOLF COURSE AND ACCESSORY AND INCIDENTAL
FACILITIES INCLUDING A CLUBHOUSE, 50,000 SQUARE
FEET OF C-3 COMMERCIAL USES AND/OR A HOTEL ON
PROPERTY LOCATED BETWEEN U.S. 41 ON THE EAST AND
VANDERBILT DRIVE ON THE WEST, LYING NORTH OF 111T"
AVENUE AND SOUTH OF THE COCOHATCHEE RIVER, IN
SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 267.44+
ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 90-45; AND BY PROVIDING AN EFFECTIVE DATE.
of BOard
WHEREAS, R. Bruce Anderson of Young, van Assenderp &
Varnadoe, P.A., representing Collier Development 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 Coun~. --
Commissioners of Collier County, Florida:
SECTION ONE:
T~ zonin~ classification of the herein
property located in Section 21, Township 48 South, Ran~25<~ast,
Collier County, Florida, is changed from "A" Rural Agriculture t.o
"PUD" and "PUD" to "PUD" Planned Unit Development in accordance
with the Collier Tract 21, formerly Beachway PUD Document,
attached hereto as Exhibit "A" and incorporated by reference
herein. The Official Zoning Atlas Map Number 8521N and 8521S, as
described in Ordinance Number 91-102, the Collier County Land
Development Code, are hereby amended accordingly.
SECTION TWO:
Ordinance Number 90-45, known as Beachway adopted on June 5,
1990 by the Board of County CommisSioners of Collier County, is
hereby repealed in its entirety.
-1-
SECTION THREE:
This Ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this /~ day of ~~m~__,
1999.
~ATTEST:
'D~f~GH~ E. BROCW,'Clerk
Attest
Approved as to Form
and Legal Sufficiency
Marj~rie M. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
This ordinance flied with fhe
ay of
and acknowledgement of that
PUD-98-13 ORDINANCE/
-2-
COLLIER TRACT 21
A PLANNED UNIT DEVELOPMENT
PREPARED BY:
YOUNG, VAN ASSENDERP & VARNADOE, P.A.
801 LAUREL OAK DRIVE, SUITE 300
NAPLES, FLORIDA 34108
November 16, 1998
DATE FILED:
DATE REVISED:
DATE REVIEWED BY CCPC:
DATE APPROVED BY B ,CC:,
ORDINANCE NUMBER:
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
TABLE OF CONTENTS
PROPERTY OWNERSHIP AND DESCRIPTION
PROJECT DEVELOPMENT REQUIREMENTS
COMMERCIAL
GOLF COURSE AND LAKES
RESERVE
GENERAL DEVELOPMENT COMMITMENTS
EXHIBIT "A"
PUD MASTER PLAN
SECTION I
PROPERTY OWNERSHIP 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 conditions of the property proposed to be developed under the project
name of Collier Tract 21 Planned Unit Development.
1.2 LEGAL DESCRIPTION
PARCEL NO. 1
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 SOUTHEAST CORNER OF SAID SECTION 21; THENCE
NORTH 89050'30'' WEST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST
QUARTER (SE1/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; THENCE
LEAVING SAID SOUTHERLY LINE NORTH 00°09'30'' EAST FOR A DISTANCE OF
100.00 FEET TO AN INTERSECTION WITH A LINE 100.00 FEET NORTHERLY OF AND
PARALLEL WITH THE SAID SOUTHERLY LINE OF THE SOUTHEAST QUARTER
(SE1/4) OF SECTION 21; THENCE NORTH 89050'30'' WEST ALONG SAID PARALLEL
LINE FOR A DISTANCE OF 401.04 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL NO. 1;
THENCE NORTH 89°50'30'' WEST CONTINUING ALONG SAID PARALLEL LINE FOR A
DISTANCE OF 1260.82 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET
EASTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF THE SOUTHWEST
QUARTER (SW1/4) OF SAID SECTION 21;
THENCE NORTH 01032'23'' WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF
440.86 FEET;
THENCE LEAVING SAID PARALLEL LINE SOUTH 88027'37'' WEST FOR A DISTANCE
OF 30.00 FEET TO AN INTERSECTION WITH THE SAID EASTERLY LINE OF THE
SOUTHWEST QUARTER (SWI/4) OF SECTION 21;
THENCE NORTH 01032'23'' WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF
890.00 FEET;
THENCE LEAVING SAID EASTERLY LINE NORTH 89°51'48" WEST ALONG A LINE
PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF
SECTION 21 FOR A DISTANCE OF 1350.98 FEET TO AN INTERSECTION WITH THE
EASTERLY LINE OF THE WEST ONE-HALF (W1/2) OF THE SAID SOUTHWEST
QUARTER (SWI/4) OF 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 AND
PARALLEL WITH THE SOUTHERLY LINE OF THE NORTH ONE-HALF (Nl/2) OF THE
SOUTH ONE-HALF (S 1/2) OF THE NORTHWEST QUARTER (NWl/4) OF THE
SOUTHWEST QUARTER (SWI/4) OF SAID SECTION 21;
THENCE SOUTH 89°57'13" WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF
1304.52 FEET TO AN INTERSECTION WITH A LINE 50.00 FEET EASTERLY OF AND
PARALLEL WITH THE WESTERLY LINE OF SAID SECTION 2 l, SAID LINE BEING THE
EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD C-90 l;
THENCE NORTH 02°13'17" WEST ALONG SAID RIGHT-OF-WAY LINE FOR A
DISTANCE OF 1473.46 FEET TO AN INTERSECTION WITH A LINE 1752.45 FEET
SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF SAID SECTION
21;
THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89033'45'' EAST
ALONG SAID PARALLEL LINE FOR A DISTANCE OF 1588.50 FEET TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF BULKHEAD LINE NO. 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;
THENCE SOUTHERLY, SOUTHEASTERLY, EASTERLY, NORTHEASTERLY AND
NORTHERLY CONTINUING ALONG SAID LINE AND ALONG SAID CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF
157043'50'' FOR AN ARC DISTANCE OF 1101.17 FEET TO A POINT OF REVERSE
CURVATURE;
THENCE NORTHERLY, NORTHEASTERLY, EASTERLY, AND SOUTHEASTERLY
CONTINUING ALONG SAID LINE AND ALONG SAID CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF
124016'03'' FOR AN ARC DISTANCE OF 1084.44 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 53058'08.. EAST FOR A DISTANCE OF 505.81 FEET TO AN
INTERSECTION WITH THE WESTERLY LINE OF LANDS DESCRIBED IN OFFICIAL
RECORD BOOK 1355, PAGE 1011, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
THENCE SOUTH 00°39'10.. EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF
1066.03 FEET TO THE SOUTHWEST CORNER OF SAID LANDS;
THENCE NORTH 89020'50" EAST ALONG THE SOUTHERLY LINE OF SAID LANDS
FOR A DISTANCE OF 50.00 FEET TO AN INTERSECTION WITH THE WESTERLY LINE
OF WALKERBILT ROAD AS DESCRIBED IN DEED BOOK 33, PAGE 279, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTH 00°39'10'' EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF
60.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID
WALKERBILT ROAD;
2
THENCE NORTH 89°20'50'' EAST ALONG SAID SOUTHERLY LINE 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 DESCRIBED
IN OFFICIAL RECORD BOOK 1219, PAGE 1672, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
THENCE SOUTH 00043'07'' 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 00043'07'' EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR
A DISTANCE OF 505.65 FEET;
THENCE LEAVING SAID WESTERLY LINE SOUTH 89°16'53" WEST FOR A DISTANCE
OF 55.53 FEET TO A POINT OF CURVATURE;
THENCE NORTHWESTERLY ALONG SAID CURVE, CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 62055'02.. FOR AN ARC
DISTANCE OF 274.53 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT
LINE;
THENCE SOUTH 00009'30'' WEST FOR A DISTANCE OF 631.93 FEET;
THENCE NORTH 89050'30'' WEST FOR A DISTANCE OF 154.92 FEET;
THENCE SOUTH 00009'30'. WEST FOR A DISTANCE OF 5.00 FEET;
THENCE NORTH 89050'30'' WEST FOR A DISTANCE OF 801.92 FEET;
THENCE SOUTH 00042'02.' EAST FOR A DISTANCE OF 1210.87 FEET TO THE POINT
OF BEGINNING;
CONTAINING 244.233 ACRES OF LAND, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
PARCEL NO. 2
A PARCEL OF LAND LYIN(} 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 NORTHEAST CORNER OF THE SOUTHEAST QUARTER
(SE 1/4) OF SAID SECTION 21; THENCE SOUTH 89°50'41'' WEST ALONG THE
NORTHERLY LINE OF SAID SOUTHEAST QUARTER (SE 1/4) FOR A DISTANCE OF 818.47
FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH .00040'47'' WEST FOR A
DISTANCE OF 12.87 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF
WALKERBILT ROAD, THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL
NO. 2;
3
THENCE SOUTH 89021'48" WEST ALONG SAID NORTHERLY LINE FOR A DISTANCE OF
356.00 FEET TO AN INTERSECTION WITH A LINE PARALLEL WITH THE WESTERLY
RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R. 45 );
THENCE LEAVING SAID NORTHERLy LINE NORTH 00040'47'' WEST ALONG SAID
PARALLEL LINE FOR A DISTANCE OF 599.13 FEET TO AN INTERSECTION WITH THE
SOUTHERLY LINE OF BULKHEAD LINE NO. 3, AS RECORDED IN PLAT BOOK 1, PAGE
16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT
BEARS NORTH 20056'08'' EAST;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE AND ALONG SAID CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF
53003'24'' FOR AN ARC DISTANCE OF 370.41 FEET TO A POINT OF INTERSECTION WITH
A NON-TANGENT LINE WHICH IS PARALLEL WITH THE AFORESAID WESTERLY
RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R 45);
THENCE SOUTH 00040'47'' EAST ALONG SAID PARALLEL LINE FOR A DISTANCE OF
630.00 FEET TO THE POINT OF BEGINNING;
CONTAINING 4.790 ACRES OF LAND, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
PARCEL NO. 3
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 SOUTHEAST CORNER OF SAID SECTION 21; THENCE NORTH
89050'30'' WEST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SEI/4)
OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; THENCE LEAVING SAID
SOUTHERLY LINE NORTH 00009'30'' EAST FOR A DISTANCE OF 100.00 FEET TO AN
INTERSECTION WITH A LINE 100.00 FEET NORTHERLY OF AND PARALLEL WITH THE
SAID SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION 21, THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL NO. 1;
THENCE NORTH 89050'30'' WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF
401.04 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 00042'02'' WEST FOR A DISTANCE OF
1210.87 FEET;
THENCE SOUTH 89050'30.' EAST FOR A DISTANCE OF 801.92 FEET;
THENCE NORTH 00009'30'' EAST FOR A DISTANCE OF 5.00 FEET;
THENCE SOUTH 89050'30'' EAST FOR A DISTANCE OF 154.92 FEET;
THENCE NORTH 00009'30'' EAST FOR A DISTANCE OF 631.93 FEET TO A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT
BEARS NORTH 62°11'56" EAST;
4
THENCE SOUTH 45°09'30"
THENCE SOUTH 00o09'30"
THENCE SOUTH 45o09'30..
THENCE SOUTH 00o09'30..
THENCE SOUTH 45009'30..
THENCE SOUTHEASTERLY ALONG SAID CURVE, CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 62055'02'' FOR AN ARC
DISTANCE OF 274.53 FEET TO A POINT OF TANGENCY;
THENCE NORTH 89016'53'. EAST FOR A DISTANCE OF 55.53 FEET;
THENCE SOUTH 00043'07.. EAST FOR A DISTANCE OF 505.08 FEET;
THENCE NORTH 89050'30.. WEST FOR A DISTANCE OF 442.82 FEET;
WEST FOR A DISTANCE OF 151.26 FEET;
WEST FOR A DISTANCE OF 100.00 FEET;
WEST FOR A DISTANCE OF 200.00 FEET;
WEST FOR A DISTANCE OF 390.00 FEET;
WEST FOR A DISTANCE OF 190.00 FEET;
THENCE SOUTH 00009'30.' WEST FOR A DISTANCE OF 338.00 FEET;
TO THE POINT OF BEGINNING;
CONTAINING 18.415 ACRES OF LAND, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
1.3
1.4
PROPERTY OWNERSHIP
The subject property is currently owned by Collier Development Corporation, 3003 Tamiami
Trail North, Naples, Florida 34103.
GENERAL DESCRIPTIONS OF THE PROPERTY
A.
BJ
The project site is located between U.S. 41 on the eastern border and Vanderbilt
Drive on the western border, lying north of 111 th Ave. and south of the Coeohatchee
River.
The zoning classification of the subject property prior to the date of this approved
PUD document was PUD (Ordinance No. 90-45) and A - Agricultural.
1.5
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.
1.6
STATEMENT OF CONSISTENCY WITH THE GROWTH MANAGEMENT PLAN
The development of Collier Tract 21 as a Planned Unit Development is consistent with the
planning goals, objectives and policies of Collier County's Growth Management Plan and
complies with pertinent implementing ordinances. This PUD represents a reduction of
density, intensity and resultant impacts from the 800 dwelling units authorized in Ordinance
No. 90-45 to no dwelling units. The 3.4 acre Commercial Tract "C" is considered to be
within the Activity Center by virtue of the Activity Center 75% Rule of the Future Land Use
Element, and is, therefore, consistent with the Growth Management Plan. Tract "C" is a
portion of Parcel 3, a separate tax parcel that includes and overlaps the Activity Center,
which is legally described in Section 1.2 of the PUD document.
Consistency 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 with useable open space.
1.7
SHORT TITLE
This Ordinance shall be known and cited as the Collier Tract 21 P.U.D.
6
2.1
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the project, as well as other project relationships.
2.2
GENERAL
Ao
Regulations for development of the Collier Tract 21 PUD shall be in accordance with
the contents of this document, PUD-Planned Unit Development District, applicable
sections and parts of the Collier County Land Development Code and Collier County
Growth Management Plan in effect at the time of local final development order or
building permit application. Where these regulations fail to provide developmental
standards, then the provisions of the most similar district in the Collier County Land
Development Code shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
date of adoption of this PUD.
All conditions imposed and graphic material presented depicting restrictions for the
development of the Collier Tract 21 PUD shall become part of the regulations which
govern the manner in which the PUD site may be developed.
Unless specifically waived through any variance or waiver provisions from any other
applicable regulations, the provisions of those regulations not otherwise provided for
in this PUD remain in full force and effect.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public Facilities
of the Collier County Land Development Code at the earliest, or next, to occur of
either Final Site Development Plan approval, Final Plat approval, or building permit
issuance applicable to this development.
County open space requirements for the Collier Tract 21 PUD are deemed satisfied
by the golf course, and no separate open space requirements shall be applied to the
Commercial Tract.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan.
There shall be four (4) land use parcels. The master plan also includes water
management systems. The project parcels will be grouped according to the following
land use categories:
Land Use Tracts
Golf course, ±170.5 acres
Commercial, 50,000 square feet of gross leasable area/one hundred (100)
hotel or motel rooms, ±3.4 acres
Lake, ±29 acres
"RS": Reserve, +64.5 acres
TOTAL ±267.4 acres
Co
In addition to the various areas and specific items shown in Exhibit "A", easements
such as (utility, private, semi-public) shall be established and/or vacated within or
along the property, as may be necessary..
Minor modifications to Exhibit "A", may be permitted at the time of Site
Development Plan approval, subject to the provisions of Section 2.7.3.5 of the
Collier County Land Development Code or as otherwise permitted by this PUD
Document.
2.4
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Except as otherwise provided within this PUD Document, any division of the
property and the development of the land shall be in compliance with the Subdivision
Regulations and the platting laws of the State of Florida.
Be
The provisions of Division 3.3, Site Development Plans of the Land Development
Code, when applicable, shall apply to the development of all platted tracts, or parcels
of land as provided in said Division 3.3 prior to the issuance of a building permit or
other development order.
2.5
2.6
Appropriate instruments will be provided at the time ofinfrastructural improvements
regarding any dedications and the methodology for providing perpetual maintenance
of common facilities.
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land
Development Code.
Prior to the recording of any Record Plats, final plans of the required improvements shall
receive the approval of all appropriate Collier County governmental agencies to insure
compliance with the Master Plan, the County Subdivision Regulations and the platting laws
of the State of Florida.
LANDSCAPE BUFFER
There shall be a 15 foot vegetative buffer provided along U.S. 41, 11 lth Avenue North,
Walkerbilt Road and Vanderbilt Drive at the project boundaries. Within this buffer, project
landscaping and perimeter treatments provided in Section 6.15 of this PUD, including a
combination of walls or fences and berms up to 14 feet in height, no more than 8 feet of
which may be wall or fence, shall be allowed. Ifa parallel road is constructed along U.S. 41,
there shall be no separate or additional landscape buffer requirements applied to said parallel
road.
9
3.1
SECTION III
COMMERCIAL
PURPOSE
The purpose of this section is to identify specific development standards for the area to be
developed on Exhibit "A" as Tract "C" Commercial.
3.2
MAX[MUM SQUARE FOOTAGE
A maximum of 50,000 square feet of gross leasable area may be constructed on Tract "C".
Ifa hotel with accessory uses is developed on Tract "C", the maximum square footage shall
be reduced by 225 square feet for every hotel room.
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
All uses allowed as permitted and conditional uses in the C-3 zoning district
as of the effective date of the Collier Tract 21 PUD ordinance.
2. Hotels and motels not to exceed 100 units.
3. Any uses permitted on Golf Course and Lake Tracts.
Any other use which is comparable in nature with the foregoing uses which
the Planning Services Manager determines to be compatible with the intent
of this PUD district.
B. Accessory Uses
Customary accessory uses including meeting rooms and sit down restaurant
for hotel and motel.
10
3.4
DEVELOPMENT STANDARDS
General: All yards and setbacks shall be in relation to individual parcel boundaries.
Minimum Lot Area: 10,000 square feet.
B.
C.
D.
Eo
He
Minimum Lot Width:
Minimum Yards:
Front yard:
75 feet
25 feet; 30 feet on U.S. 41 plus 5 feet for each story in excess of one
story.
Side yard: 15 feet.
Rear yard: 15 feet.
Any yard abutting a residential parcel: 25 feet.
Minimum Floor Areas: 700 square feet.
Off-Street Parking and Loading Requirements: As required by the Collier County
Land Development Code in effect at the time of site development plan approval.
Maximum Height:
1. Principal and accessory structures - 50 feet.
Access: Motor vehicle access to Tract C, which shall also serve as the access to the
golf course and club house, shall be limited to one access point on U.S. 41 that lines
up with the northern entrance to Riverchase Shopping Center. This common access
point will be signalized by the State of Florida Department of Transportation
("FDOT") pursuant to a separate agreement with Collier Development Corporation
for the widening of IJ.S. 41.
11
SECTION IV
GOLF COURSE AND LAKES
4.1
PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on Exhibit
"A"as Tracts "G" Golf Course and Tracts "L" Lake.
4.2
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 other than the following:
A. Permitted Principal Uses and Structures
Golf courses, biking, hiking, canoeing, and nature trails, bridges, boardwalks,
overlooks, and all uses permitted in the Reserve Area Tract.
Parks, tennis and racquetball courts, basketball courts, exercise courses, and
swimming pools, and any other community neighborhood recreational
facilities.
Community recreation center buildings, recreational shelters, gazebos,
clubhouse, restrooms, and wildlife sanctuary/management areas.
Water Management and essential services facilities, landscape buffers, berms,
and walls or fences and any other perimeter treatments as provided in Section
6.15 of this PUD.
Any other recreational and open space activity or use which is similar in
nature with the foregoing uses and which the Planning Services Director
determines to be compatible with the intent of this PUD district.
6. Gates and gatehouses.
7. Child care centers, if authorized by Members.
Utility facilities including a reverse osmosis facility or similar facility used
to treat and/or produce water for irrigation of the golf course, golf course
maintenance and golf cart storage facilities.
9. Sales Center for golf course memberships.
12
Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated with the uses permitted
in this district, provided that the clubhouse building shall not exceed 60,000
square feet.
2. Essential services and facilities, including irrigation pumphouses and
facilities.
3. Caretakers residence.
4. Sales offices/centers and property management offices.
5. Temporary construction office.
4.3
DEVELOPMENT STANDARDS
AG
Be
Overall site design shall be harmonious in terms 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.
Buildings shall be set back a minimum of twenty-five (25) feet from right-of-way,
and fifteen (15) feet from any property lines. Unless otherwise specifically provided
there shall be no setback requirement for landscape buffers and perimeter treatments.
CJ
Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare or other interference.
D. Maximum height of structures: Fifty (50) feet.
E. Minimum distance between principal structures: Fifteen (15) feet.
F. Setback from lakes: Twenty (20) feet.
Minimum standards for parking, landscaping and lighting, shall be in accordance
with applicable Collier County regulations in effect at the time of site development
plan approval.
H. The Golf Course and Lake Tracts need not be platted.
The Golf Course Tract lying north of Walkerbilt Road shall be subject to th~
following standards if any structures are constructed thereon:
13
Masonry wall or similar pre-fabricated wall at least 8 feet in height along the
east and west property lines and set back at least 10 feet from said property
lines.
Within said east and west setbacks, exterior to the walls, canopy trees at least
12 feet in height shall be planted twenty-five (25) feet on center.
Along the south property line, except for any driveway, a fifteen (15) foot
landscape strip shall be installed to provide a 100% opacity rating within one
(1) year of installation.
14
5.1
SECTION V
RESERVE AREA
PURPOSE
Reserve Area - The purpose is to preserve and protect vegetation in its natural state and allow
limited recreational uses subject to receipt of appropriate permits. It is designated Tract"RS"
Reserve on Exhibit "A."
5.2
USES PERMITTED
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:
A. Principal Uses
Open spaces/nature preserves, golf cart tee boxes and golf course bridges and
paths.
Small docks, piers or other such facilities constructed for purposes of
recreation for members of the project.
3. Passive recreation: hiking trails, boardwalks, overlooks.
15
6.1
SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
PURPOSE
The purpose of this Section is to set forth the general commitments for development of the
project.
6.2
P.U.D. MASTER PLAN
All facilities shall be constructed in accordance with final site development plans, final
subdivision plans and ali applicable state and local laws, codes and regulations in effect on
the effective date of the Collier Tract 21 PUD except where specifically noted.
A. The PUD Master Plan (Exhibit "A") is an iljustrative preliminary development plan.
The design criteria and layout iljustrated on the Master Plan and the exhibits
supporting this project shall be understood as flexible.
Master Plan design changes shall be permitted as provided in Section 2.7.3.5 of the
Land Development Code.
Do
All necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all service utilities.
Agreements, provisions, or covenants which govern the use, maintenance and
continued protection of the PUD and common areas, will be provided.
6.3
SOLID WASTE DISPOSAL
An agreement between the Developer and the approved waste disposal service shall be
entered into in order to provide for solid waste collection service to all areas of the project.
6.4
TRANSPORTATION
A. Golf course maintenance/service driveways shall be permitted on Vanderbilt Drive,
111th Avenue and Walkerbilt Road.
16
6.5
Prior to or at the time of completion of construction of the last of the Commercial
Tract or Golf Course Tracts, the Developer shall provide street lighting at the project
entrance, but lighting shall not be required for maintenance/service driveways.
If gate houses are to be used, they shall be located so as not to cause entering vehicles
to be backed up onto any State or County road.
Road impact fees shall be in accordance with the schedule contained in Ordinance
92-22, 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.
WATER MANAGEMENT
Detailed site drainage plans shall be submitted to Engineering 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
Engineering Review Services.
Bo
Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County Land Development Code.
An Excavation Permit will be required for the proposed lake(s) in accordance with
Division 3.5 of the Land Development Code.
A Conceptual permit from South Florida Water Management District or, a copy of
the permit application with supporting information submitted to the South Florida
Water Management District and all subsequent correspondence shall be provided
prior to construction plan approval.
Petitioner shall provide evidence by appropriate computer modeling and profile
plotting that the existing hydraulic grade line of the Naples Park North Drainage
Basin Outfall north of 111th Avenue will not significantly impacted by the
installation of the culvert pipes and lake system in the proposed modified Basin
Outfall across this proposed golf course project.
6.6
ENVIRONMENTAL
Petitioner shall be subject to Division 3.9, Vegetation Removal, Protection and
Preservation of the Land Development Code. A site clearing plan shall be submitted
to Current Planning Environmental Staff for their review and approval prior to any
substantial work on the site. This plan may be submitted in phases to coincide with
the development schedule. The site clearing plan shall clearly depict how tho fin~
site layout incorporates retained native vegetation to the maximum extent practical
17
and how roads, buildings, lakes, parking lots, and other facilities have been oriented
to accommodate this goal.
Native species shall be utiliZed, where available, to the maximum extent possible in
the site landscaping design. A landscaping plan for the commercial tract will be
submitted to Current Planning Environmental Staff for their review and their
approval. This plan will depict the incorporation of native species and their mix with
other species, if any. The goal of site landscaping shall be the re-creation of native
vegetation and habitat characteristics lost on the site during construction' or due to
past activities.
All exotic plants, as defined in the County Code, shall be removed during each phase
of construction from development areas, open space areas, and preserve areas.
Following site development, a maintenance program shall be implemented to prevent
re-invasion of the site by such exotic species. This plan, which will describe control
teclmiques and inspection intervals, shall be filed with and approved by the Current
Planning Environmental Staff.
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course
of site clearing, excavation or other construction activity an historic or archaeological
artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code Enforcement,
Department contacted.
Any future proposed dock construction shall comply with the Florida Department of
Environmental Protection (DEP)/Collier County Manatee Protection Plan.
If turkey oaks are discovered during tree removal permitting, they shall be
transplanted to the upland preserve areas or utilized in project landscaping.
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit (ERP) rules and regulations, as well as the U.S.
Army Corps of Engineers §404 Permitting Program. Removal of exotic vegetation
shall not be the sole means of mitigation for impacts to Collier County jurisdictional
wetlands.
All conservation areas shall be recorded on any required plats with protective
covenants per or similar to §704.06, Florida Statutes. In the event platting is not
required, conservation easements shall be recorded for such areas, subject to uses and
limitations similar to or per §704.06 Florida Statutes. Conservation areas shall be
maintained by the golf club, and these areas shall be dedicated to Collier County on
plats or easements, as applicable, with no responsibility for maintenance.
18
Buffers around wetlands shall be in accordance with the ERP issued for this project.
Current Planning Environmental Staff shall be provided with copies of U.S. Army
Corps of Engineers permits prior to any construction occurring in jurisdictional areas
addressed by such permits. Construction or early work permits from the South
Florida Water Management District shall be presented prior to Final Site
Plan/Construction Plan approval.
Petitioner shall coordinate protected wildlife species issues through the ERP and U.S.
Army Corps of Engineers {}404 permit review process and comply with the
guidelines and recommendations of the U.S. Fish and Wildlife Service and Florida
Game and Freshwater Fish Commission. Where a protected species occur on site,
a Habitat Management Plan for those protected species shall be submitted to Current
Planning and Environmental Staff for review and approval prior to Final Site
Plan/Construction Plan approval.
6.7
FIRE PROTECTION
The project development shall comply with all applicable fire codes and regulations. Fire
hydrants shall be installed in accordance with regulations in effect at the time of
construction.
6.8
ENGINEERING AND UTILITIES
Ao
Work within Collier County right-of-way shall meet the requirements of Collier
County Right-of-Way Ordinance 82-91.
Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance No.
88-76, as amended, and other applicable County rules and regulations.
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.
Construction drawings, technical specifications and all pertinent design information
shall be submitted, in accordance with Collier County Ordinance 97-17 or
amendments thereto, and shall be approved prior to the issuance of development
construction approval.
19
6.9
DEVELOPMENT SEQUENCE AND SCHEDULE
The property is to be developed over an estimated 4 year time period. This projection of
project development is no more than an estimate based on current marketing knowledge.
The estimate may change depending upon future economic factors.
6.10
EASEMENTS
Easements shall be provided for water management areas, utilities and other purposes as
required.
6.11
LAKE SIT1NG
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 pertinent setback requirements described in Land Development
Code Division 3.5 may be reduced with the approval of the authorized County official. Fill
material from the lakes are planned to be utilized within 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 Land Development Code Division 3.5,
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 Land Development Code Division 3.5. To assure site specificity,
construction plans must be submitted with excavation permit submittal.
6.12
SIGNAGE
The developer intends to create a uniformly designed special signage and identification
system including, but not limited to, subdivision and entrance signs for the project to
compliment the intended development themes and architectural styles. Project identification
signs shall be allowed at the principal project entrances to the PUD at 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 names of the planned golf course and
commercial site shall be allowed. Each identifiable project development shall be allowed
one project entrance sign, not to exceed an area of eighty (80) square feet and a height often
(10) feet above the established grade.
20~
Utilization of the public fights-of-way for landscaping decorative entran~ ways, and signage
shall be reviewed and approved by the Transportation Director prior to any installations.
6.13
ESSENTIAL SERVICES
Essential services as defined in Land Development Code Section as permitted or conditional
uses are considered as an acceptable permitted use in all land use categories within the
project.
6.14
ROADS
The entrance to the golf course club shall be a driveway and shall not be subject to the
provisions of Land Development Code Section 3.2.
Roads within the commercial tract of the development may be either public or private roads,
depending on location, capacity, and design. Gating and/or gatehouses may be located on
driveways or private roads only.
6.15
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 this PUD
document's setback and height restrictions shall be waived on these architectural elements,
subject to review and approval of the Engineering Review Services for line-of-sight traffic
requirements. The buffering/screening of the perimeter of the project shall be of such design
that it will allow the runoffto flow as designed by the water management system.
F fiUSERS~.ANA~.WpS~q ECTION.2 Bpud flnal.wpd
Novcmbcr 16, 1998
21
]rom
/
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida,
certify that the foregoing is a true copy of:
ORDINANCE NO. 99-97
Which was adopted by the Board of County Commlsslon~J~
the llth day of December, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this i5th day of
December, 1999.
·
DWIGHT E. BROCK
Clerk of Courts and .C.~er..~',-~ ;'~
, ~ .'','r'.,", '..~F~;.j ~, ~'. ~ .';
Ex-off~cio to Board:
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