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Ordinance 81-07ORDINANCE 81- 7 AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREllENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF ~IE COASTAL AREA PLANNING DISTRICT, BY AMENDING THE ZONING ATLAS MAP NUMDER 48-25-3 BY CHANGING THE ZONING CLASSIFICATION FROM #A# AGRICULTURE, #RS-3" SINGLE FAMILY AND "RS-3ST" R~SIDENTIAL SINGL~. FAMILY SPECIAL TREATMENT TO "PUD" PLANNED UNIT DEVELOPMENT IN A PORTION OF SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LOCATED ON Tl]~- WEST SIDE OF CR-901 /%PPROXIMATELY ONE MILE NOR~! OF WIGGINS PASS ROAD~ AND DY PROVIDING AN EFFECTIVE DATE HIIEREAS, Mr. William R. Vines, representing West Florida Investments, Inc., petitioned the Doard of County Commissioners to change abe Zoning Classificatiol~ of the herein described real property~ NOW, TIIEREFORE BE IT ORDA£NED by the Board of County commissioners of Collier County, Florida: ' SECTION ONE: The Zoning Classification of the herein described real property is changed from "A# Agriculture, #RS-3# Residential Singl~ Family and 'RS-3ST" Residential Single Family S~ecia~ Treatment to 'PUD" Planned Unit Development and is su~ect all conditions as required herein, and the Zoning Atla~ Map~ r-' Nubmer 48-25-3 as described in Ordinance 76-3~ Is he~eJ~ amended accordtngly~ . ! LEGAL DESCRIPTION: ' The South-half ~S~i) of ~he ~;ortheast quarter (NE~) of Section B, ship 48 South, Range 2S East, LESS the east SO feet thereof; together with a strip of land fifty (50)'feet in width running along the South .line of Government Lot ~2 of said Section 8 extending westerly from the · Southeast corner of said C-overnment Lot .~ to the ~/esternmost channel at a Point of :ntersectton 64A on a boundary line as described in Agreement dated July 1.4, 19.60, betv~een 8overly InvesEment Co. ~nd Cm-le~ Corporation and Scepter Corporation as recorded in the Public ~ecords of Collier County in O.R, Book 68, Page 235; together ~.dth an easement for read,ray to the Grantees and their sucessors in title, all abutting e~mers and to the public, over a strip of land sixty (60) feet in width lying thirty (30) feet on each side of tile line con,non to the I(orth-half (N~) of the I(ortheast quarter (I~E~) and the South-half.(~) of the Northeast quarter (NE~) of said Section 8 extending from the East bound.3ry line of said Section westerly to the Sout)r.~est corner of the Rorth-half (l~s) of the Northeast quarter (NEll) of said section, AI(D .The I(orth-ha~.f (N~) of the 14orth-half iN:s) of the southeast quartm- (sE~) of section 8, T~nshtp 48 South, Re. nge 25 East, LESS tile east 50 feet thereof. Revised 2/27/81 DAY FOREST .PLAN~NEO UNIT DEVELOPMENT DOCUMENT DISTRICT.ZONE: PUD PERMITTED USES: Multl-famlly dwellings; recreation facllitles owned and used I~ common by all or portions of the project residents; maintenance facilltles ,.'~hlch are exclusively used on behalf of pro- Ject maintenance actlvitles. PERMITTED USES SUBJECT TO SITE PLAN APPROVAL: Boat docks which are nwned and used by project residents. Boat dock plans shall be reviewed by the EAC prior to slte plan approval, PERMITTED ACCESSORY USES AND STRUCTURES: Accessory uses and structures whlc% are customary in multi-family neighborhoods~ ad- ministrative and sales offices during the project sell out period, which offices may either be temporary structures or may be temporary uses wlthln permanent residential or recrea, tlonal structures'; signs as pe~-- mltted by Section 20 of the County Zoning Ordinanne, MAXIMUM CROSS PROJECT DENSITY: 5,6 dwelling units per acre, Total dwelling unit count shall not exceed 697, ' ' DEVELOPMENT STANDARDS = Minimum setback from the princlpa! east/west collector street, and '~' .. from the westerly north/south access street which serves the high rlse sites; 25 feet, Minimum setback from the easterly minor residential streets: Principal buildings - 25 feet; parklng structures- none (covered and uncovered parking may be Integral with access drives). Minimum rear yard setback for sites abutting the lakes, parks, or pool commons areas: 25 feet. Minimum setback from bikeway parcels and other boundaries not covered above: 10 feet, or one-half the building height, whichever is greater, Mlnlmum separation of adjoining buildings on the same site: One-half the sum of the building heights. Additionally, the four tall bullcrings at the.west end of the project may not encroach into the recreational open space area Indicated o.~ the master plan. Minimum dwelling unit floor area: 1,200 square feet. Maximum height of principal structures: As to the Iow-rise sites in- dlcat~d on the master plan - 3 living stories (parking may occur under the first living story). As to the four hi-rise sites indicated on the master plan: 15 living storles'(parking may occur under the first living story}. Minimum offstreet parking: Two (2) cars per dwelling unit. DWELLING UNIT DISTRIBUTION: Dwelling unit distribution throughout the BAY FOREST project shall occur generally as indicated on the Master Plan. Upon site plan approval by the Director of the Department of Community Development, building site boundary lines may be modi- fied; the .distribution of two and three-story structures may be -2- shifted; and units may be transferred from one site to another, ~o long as the total project dwelling unit count does not exceed 697. PARK AND RECREATIONAL OPEN SPACE DEVELOPMENT: Prior to the Issuance of permits for recreational and related structures in the parks, i~ool commons, and recreational open sp-~ce indicated'on the approved Master Plan, detailed site plans for the recreation development shall be submitted to and approved by tho Director of the Department of Community Developmenl;. The recreational open space area Incorporated in tho four hi-rise sites may be utilized for pools, pool decks, one-sto~'y shelter buildings, and recreational ~tructure~ and apparatus customary at multi-family buildings, but shall not be utilized for automobile drives or parking, or for residenti,~l development purposes. PRESERVE AREA DEVELOPMENT= No development shall occur In the BAY FOREST preserve other than the walk/bikeway, boardwalk, gazebo, and berms Indicated on the Ma~,ter Plan. IV[ASTER PLAN= The approved BAY FOREST PUD Master Plan shall also constitute.the approved Subdivision M-~ster Plan. DEVELOPMENT COMMITMENTS: OPERATION, MAINTENANCE, S MANAGEMENT: A property owners organization shall be created and shall be assigned responsibility for operation, maintenance, and management of ali commonly owned I~nds and waters within the project. Prior to con- struction plans being approved, County enforceable documents establishing the abov~ descrlbed management, operation, and mainte- nance responsib]litles shall be submitted to and approved by the C'ounty Engineer and put into effect. -3- TRANSPORTATION IMPROVEMENTS: The developers, at their expense, shall provide a northbound left-turn lane and a southbound right-turn lane at the project prlncipal entry- way from CR-901. These lanes shall be constructed before any certifi- cates of occupancy are issued. The developers or the BAY FOREST Property Owners Association, at their own expense, shall Install a traffic signal at the Intersection of the project entrance drive and CR-901 when deemed warranted by the County Engineer. After Installa- tion, the signal shall be owned, maintained, and operated by the County. All traffic control devlces .used, excluding street name signs, shall con- form with thc Manual on Unlform Traffic ~ontrol Devices. EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS: Article X, Section 16: The requirement for sidewalks witl~in street rights of way shall be waived. All sidewalks shall be as Indicated on the PUD Master Plan. Article X, Section 19: Street name signs sl~all be approved by the County Engineer but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall .be waived. Article XI, Section 17 F. ~; G: Street right of way and pavement cross-section shall be As shown on the approved Master Plan. Street cross-sections shall be as follows: (See Page -4- I .... I JLL. J! 5~D6 I?.O& D ~"- T yr~ i c-,-. A. L 17. O'A D 56CTIOM 'A'/" _ , L. 2' _I,,L X MAIN ROAD !WESTERN SIDE ROADS TYPICAL ROAD SECTION N~.$ A. 12" stabl!zed subgzado to a mi~itmum of 98~ density and r.B.~, o£ 40 or L,B.R. of 30 or as directed by the county engineer O. 6" llmerock base primed C. surfaco course - 1" typo Z! asphaltic concreto E. grassed area · ' X; slops to meet existing qrado " Article XI, Section 17 H= The 1,000 ft. maximum dead-end street length requirement shall be waived. Article XI, Section 17 1: Back of' curb radii at street Intersections shall be a mlnimum of' 30 ft. Article XI, Section 17 K: The requirement for 100 ft. tangent . sections between reverse curves of streets shall be waived. Article Xi, Section 21: The requirement for blank utility casings shall be waived. This Ordinance shall' bqcom~ effective upon receipt of notice that it has been flle~ with the Secretary of State. DATE~ February 24, 19~1 COUNTY OF COLLIER ) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 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. 01-7 which was adopted by the Board of County Commissioners on the 24th day of February, 1981. WITNESS my hand and the official sea~ of the Board of County Commissioners of Collier County, Florida, this 2nd day of March, 1981. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex Officio to Board of County Co~missioners ~i~gin~fa Magri, Th~s ordinance ftled wtth the Secretary of State's Off~ce the ~th day of ~arch lgS1 and acknowledgement of that ¢~ngi'rece~ved th~s 9th day of ~a~ch, 1981.