Ordinance 82-049ORDINANCE 82 - .._43__
AN ORDINANCE AMENDING ORDINANCE 82-2
THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE ZONING
ATLAS MAP NUMBER 50-26-5 BY CHANGING
THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A-2, RSF-4
& C-4 TO PUD PLANNED UNIT DEVELOPMENT
FOR "SHADOWWOOD" LOCATED AT WING SOUTH
AIR PARKi AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, The Rookery, Ltd, petitioned the Board of
County Commissioners to change the Zoning Classification
of the herein described real property:
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
Section One:
The Zoning Classification of the herein described
real property located in Section 16, Township 50 South, Range
26 East, Collier County, Florida is changed from"A-2, RSF-4 &
C-4"to "PUD" Planned ~Unzt Development in accordance with the
PUD document attached hereto as Exhibit "A" which is incorporated
here~n and by reference made a part hereof. The Official Zoning
Atlas Map Number, Number 50-26-5, as described in Ordinance 82-2,
is hereby amended accordingly.
Section Two:
This:JO
: ,
rdinance shall become effective upon receipt of
notice that it has been filed with the Secretary of State.
DATE: July 13, 1982
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA )
BY:
C, R. "RUSS-" WIMER, CHAIRMAN
~'rY OF COLLIER )
I, WlLLIk! J. EACAN, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true original of:
ORDI,%%NCE NO. 82-49
~nich ~as adopted by the Board of County Comissioners during P. egular
Session July 13, 1982.
IVITICESS my. hand and the official seal of the Board of County Com-
missioners of Collier County, Florida, this 13th day of July, 1982.
WILLIAS{ J. PF_AGAN
Clerk of Courts and Clerk
Ex-officio to Board of
County Co~issioners
ViYgin~f/7~agri, Deputy C~k.
This ordinance filed with the' Secretary of State's office the 26th day of
July, 1982 and acknowledgement of that filing received this 28th day of
July, 1982.BY:v
015
ShadowWood
PLANNED UNIT DEVELOPMENT
Located in Section 16
Township 50 South, Range 26 East
PREPARED BY:
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
1383 Airport Road North
Naples, Florida 33942
DATE ISSUED 6-24-82
DATE APPROVED BY CAPC'" 6-17-82
DATE APPROVED BY BCC
ORDINANCE NUMBER: 82-49
TABSE OF CONTENTS
SECTION I
STATEMENT OF COMPLIANCE
SECTION II
STATEMENT OF INTENT
SECTION III
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
TRACTS A & E- MULTI-FAMILY RESIDENTIAL
TRACT B - SINGLE FAMILY RESIDENTIAL
TRACT C - PRIVATE AIR PARK DISTRICT
TRACT D - COMMERCIAL
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
PAGE
1-2
5-14
15-16
SECTION I
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of The
Rookery, Ltd., 706 5th Avenue South, Naples, Florida to develop
+168.1 acres of land located in Section 16, Township 50 South,
Range 26 East, Collier County, Florida. The name of this proposal
development shall hence forth be know as ShadowWood.
The development of ShadowWood as a Planned Unit Development will
be in compliance with the planning goals and objectives of Collier
County as set forth in the Comprehensive Plan. The residential
development with associated recreational and private aviational
facilities will be consistent with the growth policies and land
development regulations of the Comprehensive Plan Land Use Element
and other applicable documents for the following reasons.
The subject property has the necessary rating points to
determine availability of adequate community facilities and
services.
2. The project development is compatible with and complimentary
to the surrounding land uses.
The subject property will provide a vegetative buffer between
the property and Rattlesnake Hammock Road, the surrounding
vacant lands, and the single family residential units to the
west.
The development shall consist primarily of multi-family
residential cjusters and shall thereby provide more common
open space·
The development shall utilize natural systems for water
management such as the cypress, willow, lower wetland areas,
and natural drainage courses.
The development shall promote the maintenance of the
residential neighborhood and be aesthetically pleasing and
functionally efficient.
The number of egress and ingress points shall be limited to
minimize the impact upon the traffic flow along Rattlesnake
Hammock Road.
8. The development is complimentary to and consistent with the
Collier County Comprehensive Plan Land Use Element.
e
The land may be used more efficiently, and made more
desireable resulting in a smaller network of utilities and
streets with consequent lower construction and future
maintenance costs.
10. Through proper planning and good uniform development control,
the development shall protect property values and meet th9
general public welfare and safety of the citizens of Collier
County.
11. The project will enable and encourage compatibility with the
natural amenities of the environmental as well as pres.~rve and
enhance present advantages·
12. The application of the development plan will permit
flexibility and feature amenities and excellence in th~ form
of variations in siting, mixed ]and uses and varied dwelling
types, as well as adaptation to and conservation of thu
topography and other natural characteristics of the land.
13. With proper uniform quality large scale development, the
project may best serve the public interest with alternate
mixed land uses.
-2-
SECTION
STATEMENT OF INTENT
It is the property owner's intention to continue the development
of a single and multi-family residential project with
recreational, commercial, and aviational facilities, and other
support facilities required of a development surrounding a private
air park community. The project was initiated in the early 1970's
with the development of single family residential condominium lots
with common facilities.
As part of the same property, it is the intent of The Rookery,
Ltd. to continue to develop a condominium complex consisting of
cjuster villages; multi-family residential units; single family
residential lots; and varied dwelling unit types. The units shall
be centered around major points such as the air park, lakes, pine
and cypress trees, common open space, and areas of unique
vegetation. There may be recreational benefits consisting of
Jogging trails, para courses, private swimming pools, neighborhood
parks, tennis courts, and the unique feature of a private airpark.
Residents of this project shall be afforded the opportunity to own
private airplanes and a single family residential or condominium
unit with the conveniences of aviational, recreational, and
commercial services among a natural scenic environmental setting.
The residential development of low-rise multi-family and single
family units shall demonstrate a quality way of life for its
residents that will be eminently desireable, esthetically
pleasing, an(] environmentally sound.
-3-
SECTION III
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
3.2.
PROPERTY OWNERSHIP:
The subject property is currently under the control of The
Rookery, Ltd. 706 5th Avenue South, Naples, Florida 33940.
LEGAL DESCRIPTION:
The subject property is described as follows:
The east 1/2 of the east 1/2 and;
the north 1/2 of the northwest 1/4 of the northeast 1/4;
the southeast 1/4 of the northwest 1/4 of the northeast 1/4
and;
all being in Section 16, Township 50 South, Range 26 East,
Collier County, Florida.
ALSO LESS the south fifty (50) feet for road right-of-way
and any easement right-of-way of public record.
LESS WING SOUTH AIR PARK PRIVATE VILLAS UNIT 1, a
Co---6-~ominium, according to the Declaration of Condominium
recorded in Official Record Book 476, pages 304 to 350,
inclusive, Public Records of Collier County, Florida, as
amended.
-4-
015
4.1.
4.2.
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
PURPOSE:
The purpose of this Section is to set forth the regulations
for development of the property identified on the Master
Development Plan. It is the intent of the project sponsor
to develop multi-family and single family residences in a low
profile silhouette with ample common open space associated
with the conveniences of aviational, recreational, and
commercial services.
PROJECT PLAN AND LAND USE TRACTS:
For the purposes of gross residential land use area, the
subject property is +168.1 acres. The project plan
including street layout and land uses is iljustrated in
Exhibit "B", PUD Master Plan, Wilson, Miller, Barton, Soll&
Peek, Inc., Drawing File No. RZ-59. The project shall consist
of five land use tracts of general area and configuration as
shown in Exhibit "B".
Tracts A & E - Multi-family Residential + 113.3 Acres
Tracts B - Single Family Residential + 3.7 Acres
Tract C - Private Air Park District + 37.8 Acres
Tract D - Commerical
+ 10.3 Acres
Entrance Drive
3.0 Acres
Total Area + 168.1 Acres
Assuming favorable economic and market conditions, it is the
project sponsor's intent to complete development of the
property within six years.
-5-
4,3,
The total maximum residential units will be 569 units at a
maximum density of 3.6 residential units per gross acre.
TRACTS A & E: MULTI-FAMILY RESIDENTIAL
A. Purpose:
The purpose of this section is to indicate the land
regulations for the areas designated on PUD Master Plan as
Tracts A and E, Multi-Family Residential.
B. Permitted Uses and Structures:
No buildings or structures, or part thereof, shall be
erected, altered or used, or land used, in whole or part,
for other than the following:
1. Permitted Principal Uses and Structures:
a. Multi-Family Residences.
b. Common open space, recreational facilities and
water management facilities.
c. Nine hole golf course with the typical facilities
of a private country club.
2. Permitted Accessory Uses and Structures:
a. Customary accessory uses and structures.
b. Signs as permitted at time of permit application.
c. Airplane hangers and tie downs.
d. Private road, pedestrian and bicycle paths,
boardwalks and cross-walks, Jogging and nature
appreciation trails, or other similar facilities
constructed for purposes of access to or passage
through the common areas.
e. Lawn or golf course maintenance shop and equipment
storage.
--6--
015
4,4,
C. Maximum Dwellin9 Units:
A maximum of 558 residential dwelling units.
D. Minimum Yard Requirements for Principal Structures:
1. Depth from property boundary line (35) feet.
Depth from edge of all private paved roads (25) feet.
Minimum distance between any two (2) principal
structures on the same parcel shall be fifteen (15)
feet.
Minimum distance between a development phase, or
condominium tract line and any principal structure
shall be seven and one-half (7.5) feet.
E. Minimum Yard Requirements for Accessor~ Structures:
As required by the Collier County Zoning Ordinance.
F. Minimum Floor Area of Principal Structures:
900 Square feet for each dwelling unit.
G. Maximum Height of Principal Structure:
Three (3) living stories above one story of parking with a
maximum height of forty-five (45) feet.
In order to comply with the minimum flood elevation
requirements, the maximum height of a structure shall be
measured from the minimum base flood elevation required by
the Flood Elevation Ordinance.
H. Minimum Off-Street Parking:
Two (2) parking spaces per residential unit with a minimum
of 1.5 parking spaces/unit paved and .5 parking space/unit
reserved for paving at a time deemed to be appropriate by
the County.
I. Limitation On Signs:
As permitted by the zoning ordinance in effect at time of
application for building permit.
TRACT B : SINGLE FAMILY RESIDENTIAL
A. P. urpose:
The purpose of this section is to set forth the
development plan and land regulations for the areas
designated on PUD Master Plan as Tract B, Single Family
Residential.
-7-
B. Permitted Uses and Structures:
No building or structure, or part thereof, shall be
erected, altered or used, or land used, in whole or part,.
for other than the following:
1. Permitted Principal Uses and Structures:
a. Single Family Residences.
b. Common open space & water management facilities.
2. Permitted Accessory Uses and Structures:
a. Customary accessory uses and structures.
b. Recreational uses and facilities.
c. Airplane hangers or tie downs.
Maximum Dwelling Units:
A maximum of 11 residential dwelling units may be
constructed.
D. Minimum Yard Requirements:
1. Front Yard - 25 feet
2. Side Yard - 7.5 feet
3. Rear Yard - 25 feet
4. Accessory structure as required by current zoning
ordinance.
E. Minimum Lot Width: 100 feet.
F. Minimum Lot Area: 12,000 square feet.
G. Minimum Floor 6rea of Principal Structure:
1,200 square feet exclusive of patio, garage, and/or
airplane hanger.
-8-
4.5.
H. Maximum Height of Principal Structures:
Three (3) stories above the finish grade of lot or from
the minimum base flood elevation required by the flood
elevation ordinance.
Off-Street Parking Requirements:
Two (2) spaces, at least one of which shall be located
within the permitted building area.
J. Landscaping and Buffer:
All buildings, enclosures, or other structures construCted
for purposes of maintenance, shall have appropriate
screening and landscaping.
TRACT "C": PRIVATE AIR PARK DISTRICT:
A. Purpose:
The ~urpose of this section is to indicate the development
plan and land regulations for the areas designated on the
PUD ~:aster Plan as Tract "C", Private Air Park District.
B. Deve:opment Plan:
':'he primary purpose of this Tract will be to provide
the necessary aviational support facilities to
..ccommodate a private airport. These areas shall be
utilized only in accordance with the provisions
necessary to maintain and operate the private air
park.
Except in areas to be used for water impoundment and
principal or accessory use areas, all natural trees
and other vegetation as burrer shall be protected and
preserved so long as such plant life shall not
interfere with the control of airspace within 700 feet
from the end of the primary runway surface.
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:
-9-
1. Permitted Principal Uses and Structures:
a. Airport runway and administration building.
b. Airport hangers, T-hangers, and Airplane tie
downs.
c. Aviational fueling and service shop.
d. Aviational maintenance and service shop.
e. Water management facilities.
f. Any other similar aviational support facilities
that may be necessary or compatible with the
operations of a private air park.
2. Permitted Accessory Uses and Structures:
a. Accessory uses customarily associated with the
uses permitted in this district.
b. Lawn or golf course maintenance shop and equipment
storage.
c. Signs as permitted at time of permit application.
D. Minimum Yard Requirements:
Setback from edge of primary runway surface - 100
feet.
Other structures must conform with setbacks of the
abutting properties land use regulations; however,
they may not be placed within fifty (50) feet of the
primary runway surface.
E. Control of Airspace:
The control of the airspace w~thin 700 feet from the ends
of the primary runway surface shall be adhered to by the
project sponsor. The control shall be of such a nature as
to prevent any airport hazards from being grown, erected,
or otherwise placed within a glide path of 20:1 from the
ends of the primary runway surface.
-10-
4,6.
TRACT "D" - COMMERCIAL
A. PurPose:
The purpose of this Section is to set forth the
development plan and land regulations for the areas
designated on PUD Master Plan as Tract "D" Commercial
Uses Permitted:
No building or structure, or part thereof, shall be
erected, altered or used, or land used, in whole or part,
for other than the following:
1. Permitted Principal Uses and Structures:
a)
Antique shops; art studios; art supply shops;
aviation fueling facilities without repairs;
aviation maintenance and service shop, airplane
hangers and tie-downs, administration building.
b)
Bakery shops; barber and beauty shops; bath supply
stores; bicycle sales and services; blueprint
shops; bookbinders; book stores; business machine
services,
c)
Churches and other places of worship; clothing
stores; cocktail lounges; commercial recreation
uses - indoor; commercial schools; confectionery
and candy stores.
d)
Delicatessens; drug stores; dry cleaning shops;
dry goods stores; and drapery shops.
f) Florist Shops.
-11-
g)
h)
i)
J)
l)
m)
n)
o)
P)
r)
s)
t)
u)
v)
w)
x)
y)
Garden supply stores - outside display in side and
rear yards; gift shops; gourmet shops.
llardware stores; health food stores.
Ice Cream stores.
Jewelry stores.
Laundries - self service only~ leather goods;
legitimate theatres; liquor stores; locksmiths.
Markets - food and/or meat; medical offices and
clinics; millinery shops; museums; music stores.
News stores.
Office - general; office supply stores.
Paint and wallpaper stores; pet shops; pet supply
shops; photographic equipment stores; pottery
stores; printing; publishing and mineograph
service shops; private clubs; professional
offices.
Radio and television sales and services; research
and design labs; restaurants.
Shoe repair; shoe stores; shopping centers;
souvenir stores.
Tailor shops; taxidermists; tile sales - ceramic
tile; tobacco shops; toy shops; tropical fish
stores.
Upholstery shops.
Variety shops; vehicle rental - automobile only;
veterinarian offices and clinics - no outside
kennels.
Water Management Facilities.
Watch and precision instrument repair shops.
Any other commercial use or professional service
which is comparable in nature with the foregoing
uses and which the zoning director determines to
be compatible in the district.
-12-
2. Permitted Accessory Uses and Structures:
a)
Accessory uses and structures customarily
associated with the principal uses.
b) Caretaker's residence.
c) Signs as permitted at time of permit application.
Permitted Uses and Structures:
Subject to Site Plan Approval.
a) Car Wash.
b) Child care center.
c) Commercial recreation - outdoor.
d) Detached residence in conjunction with a business
- one (1) per business.
e) Permitted use with less than 1,000 square feet
gross floor area in the principal structure.
f) Vehicle rentals.
g) Hotel, motels, and time share facilities.
C. Minimum Lot Area: Ten thousand (10,000) square feet.
D. Minimum Lot Width: One Hundred (100) feet.
E. ~ini~gm.Yard. Requirements:
1. Front yard - twenty-five (25) feet.
Side yard - none, or a minimum of five (5) feet with
unobstructed passage from front to rear yard.
3. Rear yard - twenty-five (25) feet·
F. Distanqe Between_S~ructqres: Same as for side yard
setback.
G. ~aximum Height of Principal Structure:
45 feet.
H. Minimum Floor Area of Structure: One thousand (1,000)
square feet per building on the ground floor.
I. Maximum Density: Sixteen (16) units per acre for
transient lodging facilities, hotel, motels, and time
share facilities with a maximum floor area of 500 square
feet per unit.
Off-Street Parking Requirements: As required by the
'~on£n~ Ord£6~be i~ &ffeCt at the time of building
permit.
~oo~ 015 P~c~ 178
5,2,
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
PURPOSE:
The purpose of this Section is to set forth the standards for
development of the project.
P.U.D. MASTER PLAN:
ae
Bo
The PUD Master Plan (Wilson, Miller, Barton, Soil & Peek,
Inc. Drawing File No. RZ-59, Sheet 1 of 2), is an
iljustrative preliminary development plan.
The design criteria and layout iljustrated on the Master
Plan shall be understood as flexible so that, the final
design may satisfy the project and comply with all
applicable requirements.
All necessary easements, dedications, or other instruments
shall be granted to insure the continued operation and
maintenance of all service utilities.
Minor design changes shall be permitted subject to staff
approval.
Overall site design shall be harmonious in terms of
landscaping, enclosure of structure, locations of all
improved facilities, and location and treatment of buffer
areas.
To protect the integrity of the Planned Unit Development,
residential neighborhood, the only access road shall be
the private road as shown on the Master Plan with an
exception for temporary construction roads.
Areas iljustrated as "lakes" shall be constructed lakes,
or upon approval, parts thereof may be green areas in
which as much natural foliage as practical shall be
preserved. Such areas, lakes and/or natural green areas,
shall be of general area and configuration as shown on the
Master Plan.
-15-
015 179
5,4,
5.5.
5.6,
5,7,
Il.
Wetland subzones "A-i, A-2, A-3, B-I, C-l, E-1 and E-2"
(Wilson, Miller, Barton, Sell & Peek, Inc. Drawing File
No. RZ-59, Sheet 2 of 2), are iljustrative Subzones and
will be conserved as much as practicable as storm water
management/open space areas. These areas will be flagged
for protection, prior to development.
WATER MANAGEMENT:
Detailed water management construction plans shall be
submitted to and approved by the County Engineer prior to
commencement of any construction.
B. Appropriate easements to be granted to Collier County for
maintenance of perimeter swale system.
SOLID WASTE DISPOSAL:
Such arrangement and agreements as necessary shall be made
with an approved solid waste disposal service to provide for
solid waste collection service to all areas of the project.
RECREATION FACILITIES:
A minimum of three swimming pools and three tennis courts
shall be constructed by the project sponsor.
Additional recreational facilities may be constructed by the
future residents of this project.
TRAFFIC:
A. The project sponsor will provide to the appropriate
governmental agency, an additional right-of-way of 17.5
feet along the south property boundary line for future
road widening of Rattlesnake Hammock Road.
B. The project sponsor agrees to construct a right and left
turn storage lane on Rattlesnake Ha~nock Road for traffic
entering ShadowWood and to pay his proportionate share of
the costs of a traffic signal at the project entrance when
required by the appropriate governmental agency.
C. A sidwalk shall be constructed on one side of the main
entrance road into the project.
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5.8.
UTILITIES:
A central water supply system shall be made available to
all areas of the project. The water supply source for the
project shall be the County system.
Ail areas of the project shall be served by a central
wastewater collection system and by an existing off-site
waste water treatment plant. The existing plant shall be
expanded as may be needed to meet the anticipated
demands.
Plans and D.E.R. permit applications for the sewage
treatment plant shall be submitted to the Utility
Division.
The project sponsor agrees to comply with all applicable
County laws and ordinances governing utility provisions
and facilities.
Telephone, power and T.V. cable service shall be made
available to all residential areas. All such utility
lines shall be installed underground.
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I11 I I I~