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Ordinance 81-22 ORDINANCI~ 81' 22 ~ ~ ORDINANCE AHENDING ORDINANCE 76~.'J'.~'0.~/: TEE 'r~ COMPREHENSIVE ~.ONING REGULATIONS F.I~R~ ~rlE UNINCORPORATED AREA OF TIlE COASTAL~_A~ PLANNING DISTRICT BY AMENDING THE~-- ATLAS MAP NUMBER 50-26-4 BY CHANGING THE ZONING CLASSIFICATION FROM "RS-3" ~INGLE FAMILY TO "PUD" PLANNED UNIT DEVELOPMENT ON THE FOLLOWING DESCRIBED PROPERTY= BLOCK 17, TROPICAL ESTATES,. UNIT 1; AND BY PROVIDING AN EFFECTIVE' DATE 'WHEREAS, Wilson, Miller, Barton, Soil & Peek, Inc., ~epre- senting Lely Estates, Inc., 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 h~rein described real property is changed from "RS-3" Single Family to "PUD Planned Unit Development and is subject to all conditions as required herein, and the Zoning Atlas Map Number 50-26-4 as described in Ordinance 76'30 is hereby amended accordingly:~ I, PLANNED UNIT DEVELOPMENT DOCUMENT FOR HAWAIIAN VILLAGE RESIDENTIAL DEVELOPMENT BY LELY ESTATES, INC. WILSON, DOCUMENT PREPARED BY: MILLER, BARTON, SOLL & PEEK, (WAFAA F. ASSAAD, A.I.C.P.) INC. DATE ISSUED: DATE APPROVED BY CAPC: DATE APPROVED BY B.C.C: ,', Oct. 1, 1980 May 5, 1981 'INDEX SECTION I STATE OF COMPLIANCE SECTION II.PROPERTY OWNERSHIP & DESCRIPTION SECTION III DEVELOPMENT REGULATIONS SECTION IV DEVELOPMENT COMMITMENTS PAG8 1 '2-3 4-5 (;-7 SECTION I STATEMENT OF COMPLIANCE The development of 5.42 acres of property in Section 18, Township' 50 South, Range 26 East, Collier County, Florida, as a Planned Unit Development will comply with the planning and development objectives of Collier County. These objectives are set forth in the Comprehensive Plan, which includes the Growth Policy and Official Land Use Guide all of which were adopted by the Board of County Commissioners.. The Hawaiian Village Planned Unit Development will meet the planning and development objectives for the fol%owing reasons: 1) The proposed land use is compatible with the'surrounding uses. 2) 3) The project rates the necessary rating points to determine it to have existing community facilities and services for the planned residential'uses and therefore is not leapfrog growth. The project shall com~ly with the applicabie zoning and all other County and State laws dealing with the development of the property. 4) 5) An arterial roadway is in existence along the southern · boundary of the site. The project will be served by a' complete range of County approved utilities. SECTION PROPERTY DESCRIPTION & OWNERSHIP 2.1. LEGAL DESCRIPTION! Block 17, Tropt6al Estates, Unit 1, less Catholic Church Site; Ail of that Tract or Parcel of land lying and being in the Southwest 1/4 of Section 18, Township 50 South, Range 26 East, Collier County, Florida and being more particularly described as follows; Commencing at the Southeast corner of the Southwest 1/4 of said Section run North 00'-58'-15" West for 50.0 feet to'the Northerly Right-of-Way line of S.R. 864; thence run South 89'-32'-18" West along sa~d Right-of-Way line fr ~42.50 feet to the Point of Beginning; thence continue South 89'-32'-18" West along said right-of-way line 598.66 feet to the P.C. of a curve to the right; thence following along the arc of~said curve in a Northwesterly direction (said curve having a central a~gle of 83'-37'-56", a chord of 33:34 feet, a radius of 25.0 feet,) 36.49 feet tQ the Point of Tangency, said point lying on the Easterly Right-of-Way llne of Hawaii Boulevard; thence North 06'-49'-46" West along said Right-of-Way line for 271.38 feet to the P.C. of a curve to the right; thence following along the arc of said curve in a Northeasterly direction for (said curve having a central angle of 30'-50'-34", a chord of 138.28 fe~t, a radius of '260.0 feet) 139.96 feet; thence South 65'-59'-12" East for 22.94 feet ~o the P.C. of a curve to the left; thence following along the arc of said curve in a Southeasterly and Easterly direction for (said curve having a central angle of 24'-28'-30", a chord of 325.45 feet, a radius of 767.69 feet), 327.93 feet to the point of tangency; ' thence run North 89'-52'-18" East f~r 178.37 feet to the P.C. of a curve to the left~ thence following along said curve in a Northeasterly direction for (said curve having a central angle of 42'-06'-46", a chord of 122.13 feet, a radius of 170.0 feet) 124.95 feet; -2- thence run South 42'-34'-28" East for 100.00 feet; thence run North 79'-06'~04" West fpr 81.55 feet! thence run South 01°-38'-14" East for 327.82 feet to the Northerly Right-of-Way line of S.R. 864 and the Point of Beginning; The above described Tract being a portion of Block 17 of Lely Tropical Estates Unit No. I as recorded in Plat Book 8, page 50 of the Public Records of Collier County; The above described Tract contains 5.42 acres + and is subject to all e~sements, rights-of-wAy and re~ervatio~s of record. 2.2. OWNERSHIPLOF_PROPERTY~ ' .Title to the property is currently held by ~ely Estates, Inc. 105 St. Andrews Boulevard, Naples, Florida 33942,. SECTION DEVELOPMENT REGULATIONS 3'. 1. PURPOSE~ Th.e purpose of this section is to set forth the regulations for the Planned Development of subject property. 3.2. PERMITTED USES AND STRUC~URE~ No building or structure, pr part thereof, shall be erected, altered~ or used, or land or.water used, in whole or in part, for other than the following: A. Permitted principal Uses and Structures (1) M~lti-Family'dwellings B. Permitted Accessory Uses and Structures · (1) Customary accessory uses and structures. (2) Signs (3) Recreational Facilities Cm Permitted Provisional Uses and Structures (1) Churches, schools ' (2) Civic and cultural facilities " (3) Recreational facilities not accessory to principal use. (4) Rest homes, homes for the aged, adult foster homes, children's homes, rehabilitation centers. 3.3. MAXIMUM DENSITY~ 65 M~l.ti-Family dwelling.units (12 units per acre). 3.4. MNIMUM YARD REQUIREMENT~ , A. Depth of front ~ard - Thirty (30') feet plus one (1) f~ot for each two (2) feet of building height Over thirty (30) feet. B. Depth of side yard - Fifteen (15) feet plus one (1) foot for each two (2) feet of building height over thirty (30) feet; -4- i C. Depth of rcar yard - Thirty (30') ~eet plus one (1) foot for each two (2) feet of building height over thirty (30) feet. 3.5. DISTANCE BETWEEN STRUCTURES: 'The distance between'any'two (2) principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one-half (1~2) the sum of their heights, whichever is the greater. ~.. 3.6. MINIMUM FLOOR AR~A O~ ~RIN~IPAL STRUCTURES: 750' Square feet for each.dwglling unit. 3.7. MAXIMUM HEIGHT O~ STRUCTURES: Three (3) stories above the finished,grade of the, lot. 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. 3.8. MINIMUM LANDSCAPED AREAS: There shall be provided two (2) square feet of landscaped area for each square foot of off-street parking provided on the ground level. This includes any landscaping required by other applicable section of zoning ordinance. 3.9. MINIMUM OFFmSTREE~ ~ARKINGz Ag required by the zoning ordinance in effect at time of'. application ~or building permit. 3.10.LIMITATION ON SIGNS: As permitted by the zoning ordinance in effect at t~me of,, application for bui.lding permit. -5- SECTION XV DEVELOPMENT COMMITMENT~ WATER SUPPLY~ Potable water shall'be supplied by the extension of the existing Collier County Water System, located along SR 864 and/or Hawaii Boulevard. The design and construction of thm potable water distribution system shall comply with all applicable regulations. 4.2. SANITARY'SEWAGE TREATMENT: Subject property shall connect to the existing Lely Estates Collection, Treatment and Disposal System. The design and the construction of the proposed system shall comply with al'l applicable regulations. 4.3. WATER MANAGEMENT~ The Water ManagemeNt System shall comply with the requirements of the South Florida Mater Management District and Collier County. The final water management system design shall be reviewed and approved by the County Engineer prior to commencement of development. 4.4. ADDITIONAL RIGHT-OF-WAY= Subject to approval of this document, ~e owner will agree to .the donation of seventeen and one-half (17.5') feet of his property, fronting on S.R. 864 (Rattlesnake Hammock Road) to the County for the specific purpose of widening said road. This donation shall take place at such time as this additional Right-of-way is needed by. the County for the immediate construction of the road widening or at the owner's convenience. It is also understand that the land area (square foot~ge) of this additional Right-of-Way shall be credited towards and construed to be part of the owner's land area and also a part of the minimum landscaped area ,~ requirement for the purpose of density and open space, calculations and building construction plan approval. -6- 4.5. SITE DEVELOPMENT PLAN Minor design changes in the approved preli~inary site development plan issued by Wilson, Miller, Barton, Soll & Peek, Inc., File No. RZ-10a. (Exhibit ~4 of the PUD Rezoning petition/application for Public Hearing), shall be per~itted, subject to the County staff administrative approval, in order to accommodate easements and other construction and/or utility functions. -7- .' SECTXON TWO~ ATTEST: .,~'~. W.~~/Y. 2t.EAGA~,/'CLERK . // , II '~, "SWAT~ .O~.~LOR~DA ) CO~WTf OF COLLIER ) This Ordinance shall become effective upon '~b~pt o~" notice that it has been filed with the Secretar~__of=Statc~. DATEz May 5, 1981 BOARD OF C,OUN~'~' COI~IS$IONEI:~ COLLIER CO~TY, 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 original of: ORDINANCE NO. 81-22 which wa~ adopted by the Board of County Commissioners during Regular Session May 5, 1981. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day of May, 1981. WILLIAM J. REAGAN, Clerk of Courts an.~'~lerk.. Ex officio to Bo~d"'of~..,,. County Commissioners ,.. =. '.: VirgiF'/a Magri:.%-,,' ~/ .... , .".-,~.' Deput~ Clerk ' ~,"........." ' .'"~. .,.~,x' This ordinance filed with the Secretaryof State's Office the 14th day of May, 1981 and acknowledgement of that filing...re- ceived this 18th day of May, 1981. Deputy Clerk