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Ordinance 85-53ORDINANCE 85- 53 AN ORDINANCE AMENDING ORDINANCE 85-8, EAGLE CREEK PLANNED UNIT DEVELOPMENT ORDINANCE; AMENDING THE EXISTING EAGLE CREEK P.U.D. BY AMENDING SUBSECTION 1.01~ INTRODUCTION AND PURPOSE; AMENDING SUBSECTION 1.02, STATEMENT OF COMPLIANCE; AMENDING SUBSECTION 1.03, LEGAL DESCRIPTION; AMENDING SUBSECTION 2.06, LAND USE DISTRIBUTION AND DENSITY; AMENDING SUBSECTION 2.07, PERMITTED VARIATION OF DWELLING UNITS; AMENDING SUBSECTION 3.01, PURPOSE; AMENDING SUBSECTION 3.02, MAXIMUM DWELLING UNITS; AMENDING SUBSECTION 3.03, PERMITTED USES AND STRUCTURES; AMENDING SUBSECTION 3.04, RESIDENTIAL DEVELOPMENT STANDARDS; ADDING ..SUBSECTION 3.05, ZERO LOT LINE DEVELOPMENT; ADDING SUBSECTION 3.06, VILLA, CjustER HOME~ AND TOWNHOME DEVELOPMENT; ADDING SUBSECTION 3.07, LOW RISE AND GARDEN APARTMENT DEVELOPMENT; AMENDING SUBSECTION 5.02, PERMITTED USES AND STRUCTURES; AMENDING SUBSECTION 5.03, PROPERTY DEVELOPMENT CRITERIA; AMENDING SUBSECTION 7.01, PURPOSE; AMENDING SUBSECTION 7.02, PERMITTED USES AND STRUCTURES! AMENDING SUBSECTION 8.03, DEVELOPMENT PLAN; AMENDING THE EAGLE CREEK COUNTRY CLUB P.U.D. MASTER PLAN: PROVIDING AN EFFECTIVE DATE. WHEREAS, Capico Partnership and Eagle Creek Properties, a Division of Maxxam Properties, Inc. petitioned the Board of County Commissioners of Collier County, Florida, to amend the Eagle Creek Planned Unit Development Ordinance, Collier County Ordinance 85-8; NOW THERFORE LET IT BE ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT. SECTION ONE: Ordinance No. 85-8 P.U.D. Document Sections 1.01 shall be amended to read ss follows: and 1.02 1.01 INTRODUCTION AND PURPOSE It is the intent of Eagle Creek Properties, a Division of Maxxam Properties, Inc., hereinafter called "applicant" or "developer", to establish and develop a Planned Unit Development (P~%~9,:_~__]]~approximately 584.89 ~99.89 acres of CounW, lorida. Words underlined are~d~d~~uek eh~eugh are deleted; 1.02 STATEMENT OF COMPLIANCE The development of approximately ~84.89 299.89 acres of land in Sections 3 and 4, Township 51 South, Range 26 East, Collier County, Florida, as a Planned Unit Development... SECTION TWO: Ordinance No. 85-8 P.U.D. Document Section 1.03 amended to read as follows: shall be 1.03 LEGAL DESCRIPTION ...thence along the East line of said Section 4 and the West line of said Section 3, South 0'-27'-44" West 921.04 feet to the Point of Beginning of the land hereon described; containing 284.89 acres more or less, and Commencing at the west 1/4 corner of Section 3~ Township 51 South~ Range 26 East! ~oll. ier County! Florida~ thence along the west line of the southwest 1/4 of the northwest 1/4 of said Section 3! North 01'-00'-56" East 1071.77 feet; thence South 54'-20'-32" East 30.38 feet to the POINT OF BEGINNING of the parcel herein described~ thence North 01'-0]'-55" East 370.65 feet; thence South 54'-20'-32" East 260.00 feet; thence South 89'-20'-32" East 150.00 feet; thence South 54'-20'-32" East 430.00 feet~ thence South 89'-20'-32" East 100.0 feet; thence South 54'-20'-32" East 411.96 feet; thence South 02'-29'-06" West 271.35 feet; thence South 87'-30'-54~ East 310.00 feet to a Ix)tnt on the west right-of-way line of the Isle of Capri Road IState Road 951) which lies South 02'-29'-06" West 885.66 feet from the intersection of said west right-of-way line with the southwesterly right-of-way line of said Tamiami Trail! thence along said west right-of-wa~ liner South 02'-29'-06" West 467.00 feet~ thence North 54'-20'-32" West 1759.62 feet to the Point of Beginning of the parcel herein described~ Words underlined are added; Words s4~ t.h~ are deleted! 021, ,, ~eing a.part of the northwest 1/4 of Section 3~ Township 51 ~outhf Rang? 26f .~olliar County, Float.da~ ~ubJ.ect to easements and restrictions of recordl. containin9 15.066 acres more or less; the bearings used herein are based on the west line of the southwest ~/4.of the northwest 1/4 of said Section 3 bearin9 North 01'-00'-56" East and are true. SECTION THREE: Ordinance No. 85-8 P.U.D. Document Section 2.06 shall be amended to read as follows: 2.06 LAND USE DISTRIBUTION AND DENSITY Eagle Creek consists of residential development tracts, a golf course, cypress and mangrove preserve tracts, and a tennis center. The maximum number of dwelling units'to be built on the total acreage is 688. 660. The number of dwelling units per gross acre is approximately ~.~ 2.2. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land... APPROXIMATE LAND USE DISTRIBUTION LAND USE APPROXIMATE DESIGNATION ACREAGE* RESIDENTIAL Tract A 3.5 Tract B1 ~.0 Tract B2 2.0 Tract B3 ~.0 Tract B4 6.0 Tract B5 4.0 Tract C 18.0 Tract D 21.0 Tract E Tract F 8.5 Tract G1 3.5 Tract G2 3.0 Tract K ~5.0 Total Residential ]00.5 85.$ GOLF COURSE Tract Golf Course East 70.5 Tract Golf Course West 66.0 Tract H 7.0 Tract CH 5.5 Total Golf Course 149.0 CYPRESS PRESERVE 11.0 MANGROVE PRESERVE ~.0 TENNIS CENTER, Tract I 4.5 TRACT R 7.5 DRAINAGE EASEMENT North Tract 2.5 South Tract ~7.5 East Tract 6.5 Total Drainage Easement 26.5 TOTAL EAGLE CREEK ACREAGE 300 ~8~ ~ acres *Acreages have been rounded to the nearest .5 acre. Words underlined are added; Words ~ 4~{~ are deleted; SECTION FOUR~ Ordinance No. 85-8 P.U.D. Document Section 2.07 shall be amended to read as follows~ 2.07 PERMITTED VARIATION OF DWELLING UNITS Permitted residential unit type~ may be mixed within Residential Tracts ~ a~ cot ~ 4~ Scc~4~ ~ ~ a~4e ~ provided that total number of dwelling units shall not exceed 688 660. SECTION FIVE~ Ordinance No. 85-8 P.U.D. Document Section 3.01 and Section 3.02 shall be amended to read as follows~ 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on the PUD Master Plan, as Residen~ial. (Tracts A, B1, B2, B3, B4, B5, C, D, E, F, end G1 an8 G2, and K). 3.02 MAXIMUM DWELLING UNITS A maximum number of 688 660 dwelling units may be constructed in ail of the Res-'~ential parcels. SECTION SIX: Ordinance No. 85-8 P.U.D. Document Section 3.03 ~hall be amended to read as follows: 3.03 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, sha].l be erected, altered or used, or land or water used, in whole or in part, for other than the following: A.B. Permitted Principal Uses and Structures in Tracts A, B1, B2, B3, B4, B5, C{D~E~F~G~ ~ G2 and K: 1. Zero lot line homes, detached and attached. 2. Patio homes, Villas, cjuster homes and townhouses. ~.~. Low rise multi-family dwellings, and garden apartments. B. ~. Permitted Accessory Uses... SECTION SEVEN: Ordinance No. 85-8 P.U.D. Document. Section 3.04 shall be amended to read as follows: ~4 RBS{BEN~{~5-BEYE58~MEN?-STANDARD Words underlined are added; Words s~ugk-~.]%~o~gh are deleted; 3.04 3.05 3.06 DEVELOPMENT STANDARDS The followinq Sections 3.05t 3'.06 and 3.07 set forth the development standards for )ermitted uses Creek Cou'ntry Club. S parking and other land uses not spe in accOrdance with Collier County Zonin~ Regulations l~ effect at the time permits are requested. Unless' O~he'rwise indicated, setback, heisht, and floor area standards a 1 to rinci al structures. ZERO LOT LINE DEVELOPMENT Minimum Lot Area Six thousand (6,000) square feet B. Minimum Lot width Fifty-five (55) feet as measured at the front y~rd ~e'tback line. C. Minimum Floor Area One thousand (1,000) square feet D. Minimum Yards Front yard - 20 feet as measured from the back of curb or edge of pavement. Side yard - 0 feet or 10 feet Rear yard - 0 feet or 20 feet for principal structure, 0 [eet [or accessory structures. Resldehtial structures may be constructed over water management/lake areas. E. Maximum Building ,Height Two living stories VILLAt CjustER HOME AND TOWNHOME DEVELOPMENT A. Minimum Building Parcel The minimum building parcel shall be three thousand -~u) square ~eet multiplied by the number o~ units on the parcel. B. Minimum Floor Ar~a: Nine hundred {900) square feet. Words underlined are added; Words a{~%-k-~h~o~gh are deleted; C. Minimum Distances 1. The minimum distance of any dwelling unit from any ~ractionalization parcel boundary line, right-of-way ' line, back of curb or edge of pavement shall be twenty (20) feg~. Residential structures may be constructed over water manaqement/lake areas. ~, The minimum distance b~tween principal structures shall be either 0 feet or 10 feet. 3. There are no minimum distances for accessor~ 3.07 strgctures. D__: Maximum Building Height Two living stories LOW RISE AND GARDEN APARTMENT DEVELOPMENT A. Minimum Building Parcel The minimum building parcel shall be one acre. B. Minimum Floor Area Seven hundred twenty five (725) square feet. C. Minimum Distances 1. The minimum distance of any low rise or garden apartment building from any fractionalization parcel boundar~ line, right'of-way line~ back of curb or ed~ ~f pave%~ent shall be fifteen (~5) feet. Residential structures may be built over water management/lake arcas. 2. The minimum distance between principal structures shall be one half .{1/2) the sum oftheir heights. 3. There are no minimum distances for accessory structures. D. Maximum Building Height Three living stories. Words underlined are added; Words a~uck-~g~ are deleted; SECTION EIGHT, Ordinance No. 85-8 P.U.D. Document Section 5.02 shall be amended to read as follows~ 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following~ 1) Tennis Clubhouse, pro shop, tennis center accessory buildings and other customary uses ~6-~iated with recreation centers. SECTION NINE~ Ordinance No. 85-8 P.U.D. Document Section 5.03 B shall be amended to read as follows~ B. Tennis G~b--b~+~l-d~l~ga- courts shall be set 'back a minimum of five (5) feet from a-~6'~ng Residential Tracts. Tennis Center princi?al"6uild~'~~ Sha'll be se~--baCk a minimum of ~h{rty ('3'0) feet fromabutt'ing Residen'tial Tracts. Te~is Center accessory buildings shall be set back a minimum ~ ~t from ab6~tin~ ReSidential'' TraCts. The tennis center building Setbacks shall be meas'~red fr6m th~ buildings, ~l~usive- 6f any ~of ove--~an-~ec~9~ t? the tract boundary. Tennis Center structures may be constructed over water management/lake areas. SECTION TEN: Ordinance No. 85-8 P.U.D. Document Section VII shall be amended to read as follows: SECTION VII DRAINAGE EASEMENT -5,0~ 7.01 PU RPOS E The purpose of this Section is to set forth the regulations for the area designated on the PUD Master Plan, as Drainage Easement to include Tracts "DE North" "DE South" and "DE East". 7.02 PERMITTED USES AND STRUCTURES SECTION ELEVEN: Ordinance No. 85-8 P.U.D. Document Section 8.03A shall be amended to read as follows: A. The PUD Master Plan (Wilson, Miller, Barton, Soil & Peek, Drawing File No. RM %%~ RZ-l17a) is an iljustrative preliminary development plan. Words underlined are added; Words ~-~{~k-&~{~ are deleted; SECTION TWELVE z i~:- The Eagle Creek Country Club P.U.D. Master Plan is hereby amended as shown on WMBSrn ' zle No. RZ 117a attached hereto and incorporated herein. }~ SECTION THIRTEEN This Ordinance shall become effective upon notice tha~ has been filed with the Office of the Secretary of State. i~ DATED= October 1, 1985 ATTESTs Approved as to form and legal sufficiency: ~enneth B. Cuyler~ " ' Assist~nt County ~ttorney BOARD O~' COUNTY COMMISSIONERS COLLIER COUNTY, ~'LORI~A By, Frede'r~k J. voss, Ch~irman~ Words underlined are added; Words struck th~oue3½ are deleted; AGREEMENT I, Carton Day, representativs for Wilson, Miller, Bsrton Peek, as owner or au=horized asea= for Petition PDA-85-8¢, agres to =he following stipulations requested by the Coastal Area Planning Commission in their public hearing on September 5, 1985: A. The EAC's, WMAB's, Utilities, and Traffic Engineer's stipulations to ths spproprtste section in the PUD document; and B. Amend Sections 3.05, 3.06 and 3.07 of the document to state that tbs rear yard setback for accessory structures tn Tracts "F",'and "K" along tha PUl) boundary shall comply with the rsquirements' as listed in the Zoning Ordinaries. OF SWORN TO AND SUBSCRIBED BEFORE HE TIIIS NOTARY SEAL ~,',y ~, ; ,/, MY COMMISSION EXPIRES: Agreement Sheet STATE OF FLORIDA ) COU~{TY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a ~rue original ORDINANCE 85-53 which was adopted by the Board of County Commissioners during Regular Session on the let day of October, 1985. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of October, 1985. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-Officio to Board of County Commissioners 111 Il .~'