Ordinance 82-089ORD~N^NCE 8l- 89
AN ORDINANCE AMENDING ORDINANCE 82-2 TIlE COM-
PREHENSIVF. ZON1NG REGUI.AT1ONS FOR THE UNINCOR-
PORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE ZONING ATLAS }tAP NUMBER 49-25-1 .BY
CIIANG1NC, TIlE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A-2, ST & PUD TO
"PUD" PLANNED UNIT DEVELOPMENT FOR ~IE~LD L~ES
LOCATED lk MILES NORTII OF PINE RIDGE ROAD, W~ST
OF AIRPORT/PULLING RO~; AND PROVIDING ~ EFFEC-
TIVE DATg:
~IE~E~S, Emerald Lnke~ of ~apleg, L~. petitioned th~
County Conmi~siouera to change the Zoning Classification of tile
herein deacrtbod real property;
NOW, TUF. REFORE lie IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
TI:e Zoni:~g Clafl.iflcatlon of the herein described real property
located in Section 2 & 3, Township 49 S, Range 25 E, Collier County,
Florida is changed from A-2, ST & PUD to "PUD" Planned Unit
Development in accordance with the PUD document attached hereto as
Exhibit "A" which is incorporated herein and by reference made part
hereof. The Official Zoning Atlas Map Number, Number 49-25-1, aa
described in Ordinance 82-2, is hereby amended accordingly.
SECTION TWO..
This Ordtnance shall become o££ective upon recetpt of notice
that ia has been ~iled vtth the Secretary of State.
DA?B: September 28, 1982
ATTEST:
WILl,lAM J. REAGAN,
... ,.: .':,.... :-
· :""I> "~'~ '.
F ,,":' ,., :. ~./.. .'~ ".
: ~.~ . ',~ :,,' .
: :' : -'~UD,'Oi'dinanee
b"TA'~ Or rLORID~
ODLI~¥ OF COLLIER )
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
C"R~'P~)b~J'' WIMER, CIIAI{)J~kN
This ordinance filed with the Secretary
of State's Office the 4th day of October,
1982 and acknowledgement of that filing
received this 8th ~ay of October, 1982.
D&puty Clerk
I, WILLIAM J. FC_2~CLN, Clerk of Courts in and for tho Tw~qt/eth
JUdicial Circuit, Collier Ommty, Florida, do hereby ce. rtify that the
forego, lng is a true original of..
OI~IMANC~. NO. 82-89
which wns adopted by t3~ Board of County CoTmisstoners during ~gular
Session Septnmbor 28, 1982.
WITNESS my hand and the official seal of 'the Board of County Ccm-
missioners of Collier County, Florida, this 29th day of Sept~nber, 1982.
WTt3,TAM J. ~N
Clerk of Courts and Clerk
Ex-officio to Board of ............
County Oc~misstoners ,Gl~; )' t'~ ','",,
EMERALD LAKES
LEGAL DESCRIPTION
Description of a parcel of land in Section 2, Township 49
South, Range 25 East, Collier County, Florida~ more part-
icularly descrxbed as follows~ '.'..
Begin at a concrete monument which marks the northwest
corner of Section 2, Township 49 South, Rage 25 East, thence
run N89"59'43"E, 2641.92 feet along the northerly boundary
of Section 2, thence S01"32'55"E, 793.50 feet.,, thence Sfl9"59'38"~,
1988.39 feet, thence SO2e02'55"E, feet, 794.79 foe~, thence
S89°57'47"E, 64.55 foot, thence S02"13'43"E, 1991.27 foot,
thence S89'53'56"W, 719.60 feet, thence S02"14'00"E, 330.00
feet, thence N89e53'56"E, 1219.93 foot, thence S02e14'00"~,
60.04 feet, thence soge53'56"W, 2587.6~ feet thence $89"47'26"W,
470.67 feet, ,thence S01~32'28"E, 797.48 feet, thence
222.4..15 foot to the westerly boundary line of Section 2,
thence N00"55'06"W along tho westerly boundary of Section
4784.19 feet to the POINT OF BEGINNING. Tho above described
area encompasses 428.07 acres, moro or loss.
'Also commencing at tho East 1/4 corner of said Sectio~
Township 49 South, Range 25 East, Collier County Florida;
thence along said section line S0°55'06"E, ~42.02 foot to
the POINT OF BEGINNING and the north line of tho right-of-
way herein described; thence N64"05'05"W, 143.82 foe~ to a
point of curvature; thence northwesterly and southwesterly
1046.90 feo~ along the arc of a circular'curve concave to
tho South, having a radius of 9.84.57 foo~ and boin~ subtended
by.. a chord which bears S85°27'~3"W, 990.27 foot tO a point
of reverse curvature; thence sou:hwoster~y 407.23 foot along
tho arc of a clrcul~r curve concave' ~o the north having a
radius o~ 550.00'~99t and being sub=ended by a chord which
b~ars S76'12~13"W, 397.99. fee= to =he oas= line of Pine
Ridge Extension according to =ha plat thareo£ as recorde~ in
PXa~ Book 3, pages 51 thru 51E (inclusive), Public Records
of qollier County, Florida; thenc~ along said east line,
S7'24'55"W, 20.00 feet to the sou=beast corner of Lo= 1 of
Block Z of said Pine Ridge'Extension; thence along said
east line S7°24'55"H, 80.00 fee= to the south line of the
right-of-way herein described; thence northeasterly 401.27
feet along the arc of circular cu=wo concave to the north
having a radius of 650.00'feet and being subtended by a
chord which bears N76"12'13"E, 470.36 feet to a pein= of
rov~rae curvature; thence northeasterly and southeasterly
940.57 feet along the arc of a circular curve concave to the
south having a radius of 884.57 fee= and being subtended by
a chord which bears NS~"27'13"E, 896.88 feet to ~'point of
.tangency; ~hc;%ce S64"05'05"E, 194.41 fees to tho said east
line of Section 3, Township 49 South, Range 25 East, Collier
County, Florida~ thence along =he said east line
112.07 fee= to ~ho POINT OF B~GINNING and the north line of
the 100.00 foot right-of-way.herein described; beinq a par=
of Sec=ion 3, Township 49 South, Range 25 Eau=, Collier
County, Florida;
.loss railroad right-of-way. SubJec= =o easements and
of record containing 3.46 ne= acres of land more or less.
Also: The south { of' tho southwest { of Suction 2, Township q9 South,
Range 25 East, Collie~ County, Florida; Subject to easements, f'estrlctlons
end reservations of reco~d, containing *9{). 25 acres.
Total Acreage: 531.59 acres, more or less.
EMERALD LAKES
PLANNED UNIT'DEVELOPMENTi DOCUMENT
7-1-02
Amended 9-8-82
DISTRICT ZONE; PUD
PERMITTED USES
Single family dwellings; multi-family dwellings; golf course;
country club complex, including indoor and outdoor social,
recreational, dining, and service facilities; golf course maint-
enance facilities; on-site sewage treatment plant.
PERMITTED ACCESSORY USES t, STRUCTURES:
Accessory uses and structures which are customary'In golf
course, single & multi-family residential communities; admin-
Istrative and sales offices during the project sell out period,
which offices may bo temporary structures or may be tempor-
ary uses within tho clubhouse complex or In a residential
structure; signs as permitted by the County Zoning Ordinance.
MAXIMUM CROSS PROJECT DENSITY:
2.6 dwelling units par acre. Total dwelling unit count shall
not exceed 1,
DEVELOPMENT STANDARDS MU LT I-FA,~.~ I LY AREAS:
Minimum building setback from street; 50 ft. from back of curb
for multi-family structures, 30 ft. from back of curb for
accessory structures.
Minimum setback from multi-family sit'e boundaries which abut
the golf cause or a waterbody which abuts the golf course:
25 ft. Principal and accessory structures on the multi-family
mites and tho club recreational site which surround the large
lake In the SE corner of the project may extend over the
waters of the lake, but may not extend more than 25 ft. past
the lake shoreline.
-1-
Maxlm~ff{ 'bUll~ll~l"~ght: ? living floors. Under building parking
does not constltut,el,,~ living floo~'.
Mlnlmum dwelling unlt floor area: 750 sq. ft.
Minlmum bulldlng separation for buildings on adjoining lots and fo~'
.multiple buildings on the same site: One-half the sum of the heights
of adjoining buildings,, but not less than 20 ft,, provided that, in the
case of cjustered buildings wlth a common architectural theme, closer
spacing may be approved when the building cjuster site plan is approved
by the Director. In the case of multi-fatally buildings which have a
stalrstep shape, building helght shall be considered to be the height of
the building ends between which separation is being measured.
Minimum offstreet parkln~ spaces: 2 spaces per dweIIlng unit, I~ of which
shall be improved, ~ of which may be unimproved and landscaped.
Planned but unimproved spaces shall be improved at a future date
should actual parking demands dictate that necessity.
Multi-family dwelling unit distribution; Multi-family dwelling unit distribution
shall occur generally as Indicated on the Master Plan. Two or more
adjoining multi-family sites may be Joined to become a single development
site. With the approval of the Director, building helghts and the number'
of units indicated for Individual building sites may be modified, so long
as the total multi-family dwelling unit count does not exceed
SINGLE FAMILY AREAS:
Minimum lot area: 10,000 sq. ft.
Minimum interior lot width: ~)0 ft., measured at the lot mld-polnt.
Minimum corner lot width: 110 ft,
Minimum lot depth: 120 ft.
Minimum floor area principal structure: 1800 sq. ft.
Maximum height: principal structure- 30 ft.; accessory structure- 20 ft.
Height shall be measured above the finished grade of the lot, or the
minimum floor elevation required by t.he Federal Insurance Administra-
tion, whichever is higher.
Minimum yard requirements: Front- 30 ft.; side- 10
accessory structures- same as RSF-3
-2-
Mlnlmum effstreet pnrklng: ~ spaces per dwellln9 unlt~ at least
GOLF COURSE AREA.~ii),
Maximum clubhouse building height=
Minimum separation between clubhouse and street= S0 ft. from
back of curb.
Minimum separation between tennis courts and streets: 25 ft, from
back of curb.
MASTER PLAN:
The approved EMERALD LAKES Master Plan shall also constitute
the approved Subdivision Master Plan.
STREETS:
Streets within the project will be privately owned and malntalned.
All streets within the EMERALD LAKES project shall be classified
as local.
PRESERVE AREAS:
Cypress preserve areas Indicated on tho Master Plan shall remain
in their natural state and shall not be utilized for building sites,
provided however, that the golf cart path Indicated on the Master
Plan may traverse the northeasterly preserve area, and shall be of
wood construction. The road on the north side of the preserve area
shall be culverted to restore flow to the cypress strand to the north.
DEVELOPMENT COMMITMENTS:
OPERATION, MAINTENANCE, r~ MANACEMENT:
A project-wide' property owners organization shall be created
and assigned responsibility for maintenance and management
of all common open space, including the private streets,
entry gate feature, perimeter landscape, buffer, and water manage-
-3-
mcat facl'lities ou~:~of the goXf course. Owners of the golf
course and country c~u~ complex shall be assigned responsibility
for management and maintenance of the golf course, lakes and water
management facilities therein. Owners of lands abutting the large
lake in the SE portion of the project shall commonly own and have
maintenance responsibility for that lake. Said owners, including
members of the lakefront club, shall have exclusive beneficial use
of the lak~. Prior to final approval of the record plat, County
enforceable documents establishing the above described management,
operation, and maintenance responsibilities shall be submitted to
and approved by the County Engineer, and put into effect.
TRAFFIC IMPROVEMENTS:
The developer and/or homeowners association shall provide the
following traffic improvements~
A fair share contribution toward the capital cost of traffic
signals at the project entrance on Frank Boulevard and at the
intersection of Airport Road and Orange Blossom Drive, when
deemed warranted by the County Engineer. The signals shall be
owned, operated and maintained by Collier County.
20
All required traffic control devices (signs and markings) along
the two lane extension of Frank Boulevard, (excluding those
directly related to the intersection at Pine Ridge Road), and
along Orange Blossom Drive between Airport Road and the eastern
project entranceway.
Proper alignment of the western project entrance road with the
east end of Carica Road so as to create a standard four-way
intersection.
4. Proper transition from two-lanes to four-lanes on the northward
extension of Frank Boulevard.
50
Tho developer shall provide a northbound left-turn storage lane
and a southbound deceleration lane on Airport Road at Orange
Blossom Drive. This requirement may be waived by the County
Engineer, if, in his opinion, the planned four laning of
Airport Road is imminent.
6. The developer shall provide a westbound right-turn lane on Orange
Blossom Drive at the project entrance.
DEVELOPMENT ORDER:
In addition to the requireemnts of this document, the developer shall
comply with all stipulations of Development Order 82-1 issued by the
Board of County Commissioners on May 25, 1982.
-4-
EXCEPTIONS TO'~C.0, UNTY SUBDIVISION REGULATIONS:
· Article X, Se~:~ion 16: Sidewalks shall be constructed on the devel-
opment side of the per'lmeter' road; on both sides of all roads
with multi-family sites on both sides, and on one side of the
mixed villas and townhouses cul-de-sac. Sidewalks need not be
constructed on the single family lot cul-de-sac streets.
Article Xo Section 19: Street name signs shall be approved by the
County Engineer but need not meet the U.S.D'.O.'r.F.H.W.A.
Manual of Uniform ,traffic Control Devices. Street pavement
painting, striping , and reflective edging requlrements shall be
waived.
Article XI, Section 17 F. t, G.: Street right of' way and pavement
cross-section shall be as follows:
(See following page.)
Article XI, Section 17 H.: The 1,000 ft. maximum dead-end street
length requirement shall be waived.
Article XI, Section 17 I.: Back of curb radii at street Intersections
shall be a minimum of 30 ft.
Article XI, Section 17K.: The requirement for 100 ft. tangent
sections between reverse curves of streets shall be waived.
Article XI, Section 21: Tho requirement for blank utility casings
shall be waived.
TYPICAL ROAD SECTION EXCEPT FOR CUL-DE-SACS.
TYPICAL CUL-.DE-SAC SECTION
Note:
See "E> :ptlons To Subdivision Regulations.
for sidewalk Information.
Article X. Section 16
UTIMTIES;
The following requirements were established by the County
Utilities Division.
^. /%11 construction plans and technical speclfications for the
proposed.Utility Facilities must be reviewed and approved by
the Utility Division prior to commencement of construction.
B. All on-site and off-site Utility Facilities constructed by the
developer Itl connection with the development shall be constructed
to County Stan'dards at no cost to the County and shall be deeded
to the County Water-Sewer District, In accordance with applicable
County Ordinances and Regulations.
C. All customers connecting to the sanitary sewer facilities will be
customers of thn County Water-Sewer District and will bo billed
in accordance with a rate structure approved by the County.
Review of the proposed rates and subsocluent approval by the
Board of County Commissioners must be completed prior to
activation of' tho collection/transmission system and wastewater
treatment facility servicing the project. Rate reviews must be
In full compliance with County Ordinance No. 76-71 as amended,
revised or superseded.
D. All construction on tho proposed sanitary sewer system shall
utilize proper methods and materials to Insure water-tight conditions.
E. Appropriate Utility Easements dedicated to the County Water-Sewer
District must be provided for the proposed Water and Sewer
facilities to be constructed, whop they do not lie within public
right-of-way or utility easements.
F. Data required under County Ordinance No. 80-112 must be sub-
mitted and approval granted prior to approval of the construction
documents for the project. Submit a copy of the approved DER
permit application for the sewage collection and transmission system
and a copy of the approved DER permit application and construc-
tion permit for the wastewater treatment facility to be utilized.
-7-
.t
The following statement must be Incor;porated into the PUD
document;
"The Water Distribution System is to be dedlcated
to the County. Water-Sewer District and operated
by the City of Naples until 1990 when the City's
Franchise Agreement reverts to the Cou. nty. Untll
that time0 all water customers will be customers of'
the City of Naples."
We require an agreement, legally acceptable to the County Water'-
Sewer District, with the developer of the project, which states;
"The.owners, their asstgns or successors shall agree
to pay all System Development Charges at the time
that Building Permits are requested, pursuant to the
appropriate County Ordinances and Regulations In
effect at the time of' permit request,"
WATER MANAGEMENT:
The developer or his successor in title shall provide a fair share
contribution toward construction of a final outf'all system, The
developer shall provide an easement along the west boundary of'
the project to the satisfaction of the County Engineer If deemed
warranted at the time of' final design review. Detailed construction
plan shall be submitted to the Water Management Advisory Board for
review prior to initiation of any construction, C, alculatlons shall be
submitted to the Water Management Advisory Board regarding
restoration of the hydro period within the cypress preserve areas,
CYPRESS PRESERVE BOUNDARIES:
Precise boundaries of the cypress preserves shall be determined by
working with the County Environmentalist, Necessary clearing to
accomodate the planned roads through cypress areas along the north
end south project boundaries shall be permitted,
-8-
ACCESS ROAD TO THE',I3~3LF COURSE MAINTENANCE AREA:
The access road to the golf course malntenance area will be constructed
wlthln an extsting platted vehicular easement. The access road shall
be limited to a 20~ wlde paved travelway which shall be located within
the easterly ~0~ of the exlstlng easement,