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Ordinance 85-79O~DINANCE 85- 79 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED A~EA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER &9-25-1 BY ~-CHANGING THE ZONING CLASSIFICATION OF THE HEREIN kDESCRIBED REAL PROPERTY FROM A-2 AND A-2 "ST" TO -?PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS '~OODSIDE APARTMENTS FOR 1.5 ACRES OF COMMERCIAL >_~SES AND 28. I ACRES FOR 352 ONE AND TWO BEDROOM ~PARTMENTS LOCATED ON THE NORTH SIDE OF PINE ~IDGE ROAD APPROXIMATELY k MILE EAST OF AIRPORT ~ ~)AD IN SECTION 12, TOWNSHIP ~9 SOUTH, RANGE 25 ~o~%ST, FOR A TOTAL OF 29.6 ACRES; AND PROVIDING ~ EFFECTIVE DATE. --T WHEREAS, Hole, Montes and Amsociates, petitioned the Board of County Ce~issioners to change the Zoning Classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County C~issi~uers of Collier County, Florida: SECTION ONE: ~e Zoning Classification of the herein describ~d real property located in Section 12, To--hip 49 South, ~nge 25 East, Collier County, Florida is changed from A-2 and A-2 "ST" to "P~" Planned Unit Development in accordance ~th the P~ document attached hereto as Exhibit "l" which is inco~orate~ herein and by reference ~de part hereof. ~e Official Zoning ltl~ ~ Map Number 49-25-I, as described in ~di~nce 82-2, is h~reby amended accordingly. SECTION ~: ~is Ordinance shall bec~e effective upon receipt of notice that is has been filed ~th the Secretary of State. DATE: December 17, 1985 BO~ OF CO~W CO~ISSION~ COLLI~ CO~, ~ORIDA R-85-2~C Ordtn~ne~ ~ ~ WOODSIDE APARTMENTS PLANNED UNIT DEVELOPMENT (AMENDED) DECEMBER 1985 DATE ISSUED 9/20/85 DATE APPROVED B~CAPC 11/21/85 DATE APPROVED BY BCC 12~17[85 ORDINANCE NUMBER 85-79 PREPARED BY HOLE, MONTES AND ASSOCIATES, INC. NAPLES, FLORIDA TABLE OF CONTENTS SECTION I: PROPERTY OWNERSHIP AND DESCRIPTION SECTION 2: PROJECT DEVELOPHENT SECTION 3: LAND USE REGULATIONS FOR ~TRACT A~ SECTION &: GENERAL DEVELOPHENT REQUIREHENTS SECTION 5: STATEHENT OF CONPLIANCE SECTION 6: DEVELOPHENT COHHITHENTS EXHIBIT A: LEGAL DESCRIPTIO~ EXHIBIT B~ LOCATION HAP EXHIBIT C~ SITE PLAN EXHIBIT D: HEHORANDUH PROH COUNTY UTILITIES DIVISION, DATED OCTOBER 3, 1985 PAGE ! 3 6 8 9 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION I.I PURPOSE The purpose of this section ia to identify the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed. 1.2 LECAL DESCRIPTION See Exhibit A 1.3 PROPERTY OWNERSHIP The property ts currently owned by Barnett Trust Co,, N,A.. which has contracted to sell the property to National Development Corporation. 1.& GENERAL DESCRIPTION OF PROPERTY As The property consists of approximately 29.6 acres of land which is generally located on the north side of Pine Ridge Road and about 1/~ mile east of Airport Road (See Exhibit B), Hore specifically the dimensions of the subject property are 1,039~ feet fronting on Pine Ridge Road and 1,2&5~ feet running in a north-south direction. Be The current zoning is A-2 with approximately 0.2 acres of A-2ST in the upper northwest corner (See Exhibit C). Ce The Comprehensive Plan designates the subject property as within the "Urban Area", The Comprehensive Plan point system require s minimum of 90 points in order to develop the property as requested by the petitioner. The petitioner guarantees to meet this minimum number of pointe as a condition of approval of this petition. 1.5 PHYSICAL DESCRIPTION A. Existing elevations of the subject property range from +9.6 to 11.5 feet NGVD. Be The project eite is located within Zone B as identified on the Federal Insurance Rate Map. Zone B is defined as ~Areas between the limits of the lO0-year flood and 500-year flood". Like all properties in Collier County, it is eligible for insurance under the National Flood Insurance Prosram. -1- De The primary soil. types of the subject property are Keri fine sand (Kb) and Ochopee fine sandy marl - shallow phase (OHS) ss classified by the U.S.D.A. Soil Conservation Survey of Collier County, Florida, 195&. The depth to bedrock varies from 1 to 5 feet below the ground surface. The vegetation on the site is primarily slash pinej saw palmetto~ wax myrtle~ sparse stunted cypress with invasion of Brazilian pepper. There is approximately 0.2 acres of Cypress weclsnd in the northwestern most portion of the subject property which is shown on the zoning map as A-2ST.Thia area will be preserved in its natural state and allowed to remain in che natural slough system to the north and west of the project site. -2- 2.1 SECTION 2 PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the parcels included in the project, as well as the pro,act criteria for future development. 2.2 CENERAL Regulations for development of chis project 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. Unless otherwise noted, the definition of all terms shall be the same aa the definitions se~ forth in the Collier County Zoning Ordinance. 2.3 SITE PLAN AND LAND USE The site plan consists of 29.6 acres for multi-family ares along with the related streets, recreation ar,ss, water management areas, sewage treatment facility and landscaped and open space areas (see Exhibit C). Site development plan approval in accordance with the Zoning Ordinance shall be required prior to issuance of building permits. -3- .3.1 SECTION 3 LAND USE REGULATIONS PURPOSE It ia the purpose of this Section to outline the land use regulations of the project so that the development will proceed in a manner which is consistent with the PUD document and according to the general 8oal and objectives of the County's Comprehensive Plan. 3.2 PERMITTED PRINCIPAL USES AND STRUCTURES A. Multi-family residences Sewage treatment facility - the northeast 2~ acres is intended to be used as temporary locatinn for a sewage treatment facility and is related appurt,:nances until a municipal treatment and collection system is available to serve the development. At the time when the private sewage treatment facility is replaced by the municipal service, the site will be incorporated into the residential ~evelopment as recreational area, storage, open space or will be developed into residential units, provided however, such residential development shall not exceed the total number of units which have been approved aa a condition of this PUD. 3.3 PERMITTED ACCESSORY USES AND STRUCTURES A. Any accessory uses or 8trucuures which are customarily associated with the permitted principal uses and structures. Model units shall be permitted in conjunction with the promotion of the development and shall be in conformance with the County Zoning Ordinance at the time of application for construction permits. C. Recreational facilities and structures which are customarily associated with the permitted principal uses sad structures. 3.4 DEVELOPMENT STANDARDS Minimum yard requirements - 30 feet from afl perimeter property lines for all principal structures, excluding streets, off-street parking and off-street loading/unloading and landscaping. B. Perimeter landscaping - there shall be a ten (10) foot landscaped buffer area alon8 each perimeter property line. Maximum hieght - three (3) stories, or 35 feet, exclusive of underground parking, antennas, air conditioning towers and any other appurtenances which are usually required to be placed above the roof level end are not intended for human occupancy. -4- D.' Hinimum floor ares - 700 square feet. Density - a meximum of 368 multi-family dwelling units. Distance between principal structures - one half (1/2) of the sum of the heights of the two principal structures, with a minimum of 15 feet. Signs - as required by the County Zoning Ordinances at the tine of application for construction permits. Hinimum off-street parking - 1 1/2 paved space per dwelling unit; 1/2 grassed space per dwelling unit, subject to improvements required by the County Zoning Ordinance at the time of application for construction permits. Lighting - all lighting facilities shall be arranged in a manner which will protect roadways and adjacent properties from direct glare or other interference. Hinimum landscaping requirements - in addition to the landscaping requirements of the County Zoning Ordinance at the time of application for construction permits, the petitioner agrees to provide a ten (10) foot landscaped buffer area along each perimeter property line as set forth in 3.1B, above. Setback from water areas - 20 foot setback from all water areas, aa measured at the average yearly height of the area of water, for all principal structures excluding valkvays, picnic areas and shelters and other recreation facilities which are customarily associated with the permitted uses. -5- SECTION GENERAL DEVELOPMENT REQUIREMENTS 6.1 PURPOSE The purpose of this Section is to set forth the general development requirements and conditions for development of this PUD. &.2 PUD MASTER PLAN The PUD Master Plan herein ia intended aa an iljustrative preliminary development plan. The deaf8n criteria add layout iljustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with all applicable requirements of this ordinance. Be All necessary easements, dedications, or other instruments shall be granted to insure the continued operntion and maintenance of all ~ublic servi~e utilities, Ce An easement for the purpose of providing County drainage and road improvements on Pine Ridge Road shall be provided along the south 15 feet of the site. The developer shall be responsible for surface restoration or stabilization of this area as a result of County improvements. D. Minor design changes shall be permitted without an amendment of this PUD document. WATER MANAGEMENT PLAN The water management facilities viii be designed and constructed in accordance with County and South Florida Water Management District requirements. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits aha11 be issued unless and until approval of the proposed construction in accordance with the sub~itted plans is granted by the County Engineer. An Excavation Permit will be required for the proposed lakes ia accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and aa may be amended in the future. C. A drainage swale shall be provided alone Cougar Drive right-of-way to accommodate off-site road runoff. Pine Ridge Road roadside swale and crossings shall be modified as necessary to provide sufficient capacity in accordance with the Master Drainage Plan requirements. -6- ROADS A. The internal road system shall be privately owned and maintained by ~he petitioner or his assigns. B. The road system shall be exempt from the design requirements of the Collier County Subdivi~ion Regulations. The developer shall provide left and right turn lanes on Pine Ridge Road at the main project entrance prior to the issuance of any certificates of occupancy. The developer shall provide arterial level street lishtin8 at the project entrance on Pine Ridge Road. The developer and/or the home owners' association.shall provide a fair share contribution toward the capital cost of s traffi~ signal at the main entrance to the project when deemed warranted by the County Engineer. The signal will be owned, opera:ed and maintained by Collier County. Payment in the amount of $10,000 ~y the developer and/or home owners' association to the County within 6 years of the date of final approval of this P.U.D. by the County viii be considered to satisfy this requirement. 6.5 SOLID WASTE'DISPOSAL Arrangements and agreements for the collection and disposal of solid vesta and trash shall be made by the petitioner with an authorized collector et the time of need. 6.6 ELECTRICIT¥,.TELEPHONE, CABLEVISION AND OTHER REOUIRED UTILITIES Arrangements and agreements for these utility services shall be sade by the petitioner with authorized providers at the time of their need. Water supply end sewage collection facilities viii be designed and constructed to County and State requirements and subject to Collier County stipulations contained in Exhibit D. Sewage treatment viii be provided with an onsite package plant approved by Florida Department of Environmental Regulation. -7- 5.1 SECTION STATEMENT OF COMPLIANC~ The petitioner states that if he proceeds with the proposed development, he will: Ao Do so in accord with; (I) The Comprehensive Plan of Collier County, Florida~ Regulation existing when the amendment rezoning the lend to PUD ia adopted; and, (3) Such other conditions or sodifications as say be attached to the rezoaing of the land to the PUD classification, Provide agreeaente, contracts, deed restrictions, or sureties acceptable to the County for co~letion of the undertaking in accord with the adopted Master Pl~.l as well as for continuing operation and =ain~enance of such areas, functions and facilities that are not to be provided, operated or maintained at general public expense; and, C. Bind his successores in title to any commitments sade under 5.1A and B above. asea SECTION 6 DEVELOPMENT COMMITMENTS 6.1 ENVIRONMENTAL CONSIDERATIONS Ae A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division 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 the final site layout incorporates retained native vegetation to the maximum possible and how roads, buildings, lakes, and parking lots, and other facilities have been oriented to accomodate this goal. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review an~ approval. £his plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the recreation 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 reinvasion of the site by such exotic species, This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Managment Depsrtment and the Community Development Division. De If during the course of site clearing, excavation, or other construction activities, any archaelogical or historical site, artifact, or other indicator is discovered, all development at that location shall be i~mediately stopped and the Natural Resources Managment Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Managment Department or a designated consultant to assess the find and determine the prior course of action in regard to its salvagebility. The Natural Resources Managment Department shall respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. -9- Fe The cypress area in the northwest corner of the site shall be flagged or field checked by the ~atural Resources Hanagment Department prior to any construction. The central area between Phase ! and Phase 2 (Exhibit C) aha1! be al!owed to remain in its natural atate~ and, where possible, vegetation shall be preserved in this area. Prior to the development of Phase 2, the developer aha11 investigate alternative approaches to the development design that would reduce the overall environmental impact and site clearing to the area. -10- HOLE, MONTE'S AND ASSOC.. INC. CONSULTING ENGINEERS - LAND SURVEYORS HHA Et[e No. 85°49 · xh~b~t A Le~al Deecrt~tton The West 1/2 of the East 1/2 of the Southeast 1/4 of the Southwest ~tnd the South 1/2 of the West 1/2 of the East 1/2 of the Southwest 1/4 ¢)f Section 12~ Township 49 South, Range 25 East! less the South 75 feet for 8a 896 right-of-way end subject to the F.P. & Lo Easements! 022 .385 '. 8(!A(IATE DR. ,< 0 2 1 M(LE8 G.R. 84( IMMOKALEE FUTURE ~ GOLDEN I ! , ! ! f C.R. PINE, GoR. SEe I ,~1 '~1 I I PROJECT. SITE i ROAD I I I ~-i I I I I I I I ! I RIDGE EXHIBIT. B. LOCATION MAP FUTURE EXT. NA1~ONA~ DEVELOP~r.J~ MEMORANDUM FROM: Jul,,, ': Utilities Engineering Dire:to C~('' Re: Petition R~85-230, Woodside Apartments PUD We have reviewed the above referenced Petition and have no objection to the rezone as requested, However, we require the following stipulations as a condition to our reco~endatton for approval: A) Water & Sewer 1) Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County or other legally approved governmental entity for o~nership, operation and maintermce purposes. Ail water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of tbs water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be conveyed or transferred to the County, when required by the Utilities Division, gursuant to appropriate County Ordinances and Regulations tn effect at the time conveyance or transfer is requested, prior to being placed into service. The Water facilities shall be turned over to the City of Naples. 2) All construction plans and technical specifications and propose~ plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3) All customers connecting to the sewage collection facilities will be customers of tbs County and will be billed by ~be County in accordance with the County's established rates. Should the County not be in a position to provide sewer service 'to the proJect'~ the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. Water supply and billing shall be provided by the City of Naples, 6) It is anticipated that the County Utilities Division will ultimately receive and treat the sewage generated by this project. Should the County system not be in a position to receive the project's was:eva:er at the time development commences, the Developer, at his expense., will install and operate interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropria~e regulatory agencies. To: Ann McKim, P~anning Dept. October 3, 1985 5) An Agreement shall be entered into between the County and the Developer, bind~g on the Develops~ his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: a) The proposed on-site wastewater treatment and disposal fsnilities, if required, ars to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, c..erated and maintained by the Developer, his assigns or successors until such time as the County's off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands o~med by the Developer and approved by the County for development. The utility facility may not be expanded to provide water and/or sewer service outside the development boundary approved by the County without the written consent of the County. b) Upon connection to the County's off-site sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim sewage treatment t~clltty. All work related with this activity shall be performed at no cost to the County. c) Connection to the County's off-site sewer facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, sewer lines necessary to make the connection(s), etc. ~) At the time County off-site sewer facilities are available for the project to connect with, the following sewer facilities shall be conveyed to the County pursuant to appropriate County Ord£nances and Regulations £n effect at the time: 1) All sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits and those additional facilities required to make' connection vith the County's off-site sewer facilities; or, 2) All sewer facilities required to connect the project to the County's off-site sewer facilities when the on-site sewer facilities are constructed on private property and not required by the County to be located within utility easements, including but not limited to the following: To: Ann HcKim, ~anning Department Page 3 October 3, 1985 a) Ma~n sewage lift sta~cion and force main inter- connecting with the County sewer facilities including all utility easements necessary; e) The customers served on an interim basis by the utility system constructed by tbs Developer shell become customers of the County at the time when County off-site sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's off-site sewer facilities the Developer, his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall ~ot compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the sewer service billing for tbs project. f) Ail construction plans and technical speclf£cation~ related to connections to the County's off-site sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. g) The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in ef£ect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. h) The County will lease to the Developer for operation and maintenance the sewage collection and transmission system for the sum of $10.00 per year, when such system is not connected to the off-site sewer facilities owned and operated by the County. Terms of tbs lease shall be determined upon completion of the proposed utility construction and prior to activation of the sewage collection, transmission ~nd treatment facilities. The Lease, if required, shall rems. in in eftect until the County can provide sewer service through its off-site facilities or until such time that bulk rate sewer service agreements are negotiated with the interim utility system serving the project. B) Data required under County Ordinance No. 80-112 S~owing the avail- ability of sewage service, must he submitted and approved by tbs Utilities Division prior Co approval of the construction documents for the project. Submit a copy of the approved DER permits ~or the sewage collection and transmission systems and the wastewater treatment £acility to be utilized, upon receipt thereof. To: Ann McKim, Planning Department October 3, 1985 ~) The PUD document shall be revi~ed to include a Utilities - Water and Sewer Section, {hich makes reference to this memorandum, by date, and specifies the Petitioner's acceptance of the stipulations contained herein. A revised copy of the PUD document must bc submitted to the Utilities Division for review and approval prior to scheduling the Petition for consideration by the Board of County Co~missioners. D) When the County has the ability to provide sewage treatment and flisposal services, the Developer, his assigns or successors will be responsible to connect to these facilities at a point to be mutually agreed upon by the County and the Developer, with the Developer assuming all costs for the connection work to be performed. E) Construction and ownership of the sewer facilities, including any ?roposed interim sewage treatment facilities, shall be in compliance with all Utilities Division standards, Policies, Ordinances, etc. in effect at ~he time construction approval is requested. F) Pursuant to the County Water and Sewer District Law, Section 153.86, Florida Statutes, the Petitioner shall apply to the Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District to obtain their consent for construction of the proposed sewer facilities to serve the project and approval of the construction documents. 'the Board of Governors shall adopt a Resolution which approves the construction and the proposed interim on-site or off-site sewer facilities until sewer facilities o~ned by the District are available to serve the project. (;) Prior to approval of construction documents by the Utilities Division, ~:hs Developer must present verification, pursuant to Chapter 367, Florida !;tatutes, that the Florida Public Service Commission has 8ra~ted territo- rial rights to the Developer to provide sewer service to the project until the County can provide the service through its sewer facilities. .rF~/sh~. " cC: GeBrge Hermanson, Hole, Montes & Associates, Inc. i AGREEHENT I, George Hermanson, as owner or authorized agent for Petition R-BS-23C, agree to the follovin8 stipulations requested by the Collier County Planning Cou~ni6sion in their public hearing on November 21, 1985. A. A~endment of the PUD document per staff report dated November l&, 198.5. ~-- o, ~ ~-~~ 1985. .... ,h~'/l~ .;,: ~',, NOISY Z., ," ~. ~-: ~ ~' ~ CO~SION EY~IRES: '< ',". YR852}~J. Asreement Sheet .L STATE OF FLORIDA ) COUNTY 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 true and correct original of: ORDINANCE NO. 85-79 which was adopted by the Board of County Commissioners during Regular Session on the 17th day of December, 1985. WITNESS my hand and the official seal of the Board of County Commissioners of Collier Couxlty, Florida, this 19th day of December, 1985. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-Officio to Board of County Commissioners , Vtr~ia Magrl-:: .. Deputy Clerk ~: ,'- ' ~ i'.~', i'~.' ....