Ordinance 81-28 WILLIA~ j. REA@AN
CLERK OF '~OARD ORDINANCg 81- 28
'~0LLJEIt CO[ltlT¥', FLORIDA ' ·
AN ORDINANCE AMENDING ORDINANCE 76-30, THE
COMPREHENSIVE ZONING REGULATIONS FOR TIlE
COASTAL AREA PLANNING DISTRICT BY AMENDING
THE ZONING ATLAS MAP NUMBER 51-26-2 BY
CHANGING TNE ZONING CLASSIFICATION OF THE
FOLLOWING DESCRIBED PROPERTY FROM "A" AND
"A-ST" AGRICULTURE AND SPECIAL TREATMENT
TO "PUD" PLANNED UNIT DEVELOPMENT~ PART
OF SECTION 9, TOWNSHIP 51 SOUTH, RANGE 26
EAST! AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Wilson, Miller Barton Soll & Peek, Inc.,
representing Frank Kley, has petitioned the Board of County
Commissioners to change the Zoning Classification of~he
herein described real property~
NOW, THEREFORE BE IT ORDAINED by the Board of ~ounty~
Commissioners of Collier County, Florida.' ~
SECTION ONE: ~ c:~
The Zoning Classification of the herein described real
proper.~y located in Section 9, Township 51 South, Range 26
East, Collier County, Florida ie changed from ~A~ and .~A-ST
Agriculture and Special Treatment to ~PUD~ Planned Unit
Development in accordance with the PUD Document attached
hereto as Exhibit ~A~ ~hich is incorporated herein and by
reference made a part hereof. The Official Zoning Atlas
Map Number 51-26-2, as described in Ordinance 76-30, is
hereby amended accordingly.
CI. EP, I< OF GOAP, D
~OI. LIEI1 COLJ~ITY, FLOP, IDA
PLANNED UNIT DEVELOPMENT
FOR
RIVER BEND
BY .
GREG HALEY & ASSOCIATES, INC.
DOCUMENT PREPARED BY~
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
(WAFAA F. ASSAAD, A.I.C.P.)
DATE ISSUED: June ~r 1981
DATE APPROVED BY CAPC:.May 14p 1981 ' '
DATE APPROVED BY BCC: May 26, 1981
EXHIBIT
CONTAINING 9 PAGES
-.OLLI ER COlJ}ITY. FLORIBA
XNDEX
SECTION
STATEMENT OF CO~LIANCE
PROPERT~ OWIqER~ItlP & DESCRIPTION
SECTION II
TRACTS "A" & "D" - DEVELOPMENT
REGULATIONS
SECTION III TRACTS "B" & "C" - DEVELOPMENT.
REGULATIONS
SECTION IV DEVELOPMENT COMMITMENTS
PAGE
RE:C£1YED
WILLI~,}4 J. r{EAOAI, I
CLERK
COLLIER Ct. ' l'Y. FLORIDA
STATEMENT O~ COMPLIANCE '
The development of +29 acres of property in Section 9, Townshl~
51 South, Range 26 ~ast,. Collier County, Florida, as a Planned Unit
Development will comply with th? planning and development goals and
objectives of Collier County.as set forth in the Comprehensive
Plan and the Official Land Use Guide. The River Bend Planned Unit
Development will meet the planning and development objectives for
the following reasons=
1) The proposed Land Use is compatible with the 'surrounding.
uses.
2)' The project rates the necessary rating points to determine
it to have existing community facilities and services for
the planned residential and non-residential uses and
therefore is not leapfrog growth'.
3) The project shall comply with ~he applicable zoning
regulations and all other County and State laws dealing
with the development of the property.
-1-
WILLIAH J. REAOA~
' CLERK O~ ~.OARO
SOLLIER OC""!TY.FLORIDA
1.1e
SECTION 1
PROPERTY OWNERSHIP & DESCRIPTION
LEGAL DESCRIPTION
Description per O.R. 688, page 1771, Collier County Public
Records, Cotlier County, Florida:
Beginning at a point along Tidewater Creek (also known an4
' sometimes referred to as Tide Creek), approximately six chains
West of the Northeast corner of Section 9, Township 51 South,
Range 26 East;
thence, Southwesterly down said creek 5.74 chains; 'thence,
South approximately sixteen chains to the North edge of
Henderson Creek; thence, meandering along the North edge of
Henderson, Creek Westerly and Southerly to the dividing line
between the East half and the West half of the Northeast
quarte£ of said Section 9; thence North to the Northwest
corner of the Northeast quarter of the Northeast quarter of
said Section 9; thence East along the North boundary of said
Section 9 to the point of beginning.
containing 29.8 acres, 'more or less, in Collier County,
Florida.
Subject to easements, res~rict~ons and reservations of record.
1.2.
TITLE TO PROPERTY
Title to the property is currently held by Frank C. Kley, 1200
Cherrystone Court, Apt. B-111, Naples, Florida 33942.
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t'{ECEIVED
WILLI^t,{ J. R£AOAI'I
CLERK I~? r~OArtO
".OLLIF. R ¢OIJlJT¥. FLORIDA
SECTION II
TRACTS "Aw i "D" - DEVELOPMENT REGULATIONS
9,1,
2,2,
Purpose. The purpose of this Section is to set forth the
regulations for the development of Tracts "A# & "D" of this
Planned Unit Development. . ·
Permitted Uses and Structures. No building or structure, or
part there6f, shale"b6 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) Nature Trails.
(2) Equestrian Paths
(3) Fire Station Facilities
(4) Nature Preserves and Wildlife Sanctuaries
(5) Water Management Facilities
Any other open space activity which is comparable in
nature with the foregoing uses and which the Zoning
Director determines to be compatible in the district.
(7)
On-site sewer treatment facilities subject to review
and authorization by the Collier County utilities
division.
Be
Permitted Accessory Uses and Structures: Accessory uses
and structures 'cust6marily associated with the uses
permitted above.
(1) Customary accessory uses of recreational facilities.
Prohibited Uses and Structures: Any use or structure not
specifically, or'by reasonable implication, permissible
herein, except new and unusual uses directly related to and
subordinate to the'recreational open space uses. The
applicant shall have the affirmative burden of establishing
said intent.
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2.3.
2.4.
2.5.
REOEIVED
WILLIAH J. REAOA~
CLr. RR OF r~O^RO ~
'~OLLII~R COI.INTy, FLORIOA ,
Minimum Lot Area: None
Minimum Lot Width: Non~
Minimum Yard Requirements~
(a} Front Yard: Fifty (50) feet.
(b) Side Yard: Thirty ~30) feet.
(c) Rear Yard: Fift~'(50) feet.
2.6. Minimum Distance Between Structures:
The distance between any two (2) principal structures shall be
fifteen (15) feet or a distance equal to one-half (1/2) the sum
of their heights, whichever is the greater.
2.7. Minimum Floor Area of Principal Structure: None
Maximum Height of Structures:
Thirty-five (35) 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.
2.8. Minimum Off-Street Parking:
As required by the zoning ordinance in effect at time of
application for building permit.
2.9. Limitation on Signs:
As permitted by the zoning ordinance in effect at time of
application for building permit.
-4-
'~1 ,~,~.~ ,0 PtI9
WILLIAI~ J. REAOA~I
CLERK 9," 50ARD
COtLIER C C'J N'i'Y, FLORIDA
SECTION.
TRACTS "B" & "C" ~ DEVELOPMENT REGULATION
3,],
3.2,
3,3,
PURPOSE: The purpose of this Sec%ion is to set forth the
~egulation for the development of Tracts "B" & "C#.
PERMITTED.USES & STRUCTURB~:
No building or structure, or'parE 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) Multi-Family Dw?llings
(2) Water Management Facilities and Lake(s)
B. Permitted Accessory Uses and Structures
(1) Customary accessory uses and structures
(2) Signs
(3) Recreational Facilities
(4) Boat Docks and Boat Ramp/Launching Facilities in
accordance with the applicable regulations.
MAXIMUM DENSITY: A maximum 'of 78 units
MINIMUM YARD REQUIREMENT FOR ALL STRUCTURES:
From North property/tract line/Tower Road:
Thirty-Five (35) Feet
From other Trac~ Lines:
Twenty (20) Feet
From Access (Private) Road:
Fifteen (15) Feet
Distance between Structures:
The distance betw6en ~,my two (2) principal structures or
between ally principal and accessory structure shall be
' fifteen (15) feet.
ae
De
3,5.
3,6,
3,7.
3,8,
MXNIM~M FLOOR AREA OF PRINCIPAL STRUCTURES:'
750 Square Feet per Dwelling Unit
MAXIMUM HEIGHT OF ~TRUCTURES~
Three (3) stories above the finished grade of the Lot.
In order to comply with the ~lnimum flood elevation
requirements, the maximum height of a structure shall be
measured from the minimum base flood elevation required by the
Flood Elevation Ordinance.'
MINIMUM OFF STREET PARKING:
As required by the zoning ordinance in effect at time of
application for building permit.
LIMITATION ON SIGNSt
As permitted by the zoning ordinance in effect at time of'
application for building permit.
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WILLIAkI J. R~:AOAH
CL~.P~ 0.-" ~cOARD
';OLI.I-=R COHNTY. FLORIDA
~ECTION IV
DEVELOPMENT COMMITMENTS
WATER SUPPLY
~o{~{'!'e water shall be supplied to this ~evelopment by the
Capri Water Works, Inc. ~ubject property is located within'the
approved franchise service area of the Capri Water Works, Inc.
(letters of communications and commitments are attached to the
application for public hearing).
The design oE the potable,water distribution system' shall
comply with ail applicable'~ocal and state regulations.
4.2,
SANITARY SEWAGE TREATMENT AN~ DISPOSAL:
S~nitary sewage treatment and disposal services shall be
provided to this development by the Rookery Bay Utility
Company. (Letter of commitment is attached to the application
for p~blic hearing}. However, should an acceptable agreement
between the Collier County utilities divisions, the Rookery Bay
Utility Company and the developer could not be reached in.time,
so as not to delay the commencement and progress of the
development, then the developer shall be allowed to provide
on-site facilities on Tract "D" subject to review by the
D.E.R., the utilities division and the Environmental Advisory
Council.
Should sanitary sewage treatment and disposal services be
provided by the Rookery Utility Company, then, the following
conditions, as required by the County utilities division, would
have to be satisfied=
4.3.
a) That the Rookery Bay Utilities, Inc. submit rates for
sewage treatment services to the County for review and approval
by the Board of County Commissioners.
b) That the force main and onlsite sewage'collection
facilities be dedicated to the County and leased back to the
Utility for operation and maintenance, if the rates are
approved, and until such time as the County's central sewer
services are extended to this area.
The design 6f the. project's collection system shall comply with
all applicable local and state regulations.
WATER MANAGEMENT:
The Water Mnnagement System shall comply with the requirements
of the South Florida Water Management District and Collier
County. The final woter management system design shall be
reviewed and approved by the County Engineer, prior to
commencement of development. :
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4.4.
4.5,
VBI AU~ ~D '?H 9 Z~
WILLIAI~ ,' REAOA~
~OLLIER¢OU~T'~FLORtDA.
FIRE STATION SITE AND IMPROVEMENTS~
The de~eloper, in conjunction with the property owner to the
North, agrees to provide a site fo~ a fire station and erect a
fire station in accordance with the building ~pecifications
the. East Naples Fire Department. Said station shall be
constructed prior to the issuance of any residential
certificates of occupancy.
OWNERSHIP AND USE OF TRACTS #A# &
Tracts "A" & "D" shall be U~ in accordance with Section II of
this PUD document.
Tracts "A# & "D" shall be donated in whole or in part to the
appropriate governmental agency or to a non-profit 9rganization
or to the appropriate fire district,or to the homeowners
association, so that it may be best utilized for its intended
purposes.
The donation and the transfer of ownership shall take place
prior to the issuance of any occupancy permits for any of .the
residential units.
4.6.. PUD MASTER PLAN:
The PUD Master Plan Dra~ing File No. RZ-43 as issued by Wilson,
Miller, Barton, Sell & Peek,.Inc., Professional Engineers,
Planners and Land Surveyors, ks int6nded to indicate the
general aspects of the proposed development.
Minor changes In build(ng and improvement locations and heights
shall be permitted subject to staff/administrative approvals
and in accordance with the requirements of this PUD document.
-8-
Ie
REB~.i';ED ,
WILLIAM J. REAOA~
SECTION
This Ordi,ance shall ~ecome effective upon r~ceipt of
notice that it has been filed with the Secretary of State~
DATE= August 11, 1981
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'~,/~.TF~'. O~<~L~ R I DA
COUNTY OF COLLIER
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PZSTOR, CHAIRRA/q
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. 81-28
which was readopted by the Board of County Commissioners during
Regular Session via emergency procedure August 11, 1981.
WITNESS my hand and the offt6ial seal of the Board of County
Commissioners of Collier County, Florida, this llth day of August,
1981.
~ ~ ~ I '.
Clerk of Courts.~,~nd'
Ex officio to ~rd"iSf' '~'.'..',~'
Count9 Co
Virgin~ Magri~"D~p~'~..e~rk
Thts ordinance filed with the Secretar~ of State's office "
the [Tth.da~ of August, [gS[ and acknowledgement of that
filing recetved thts goth day of August, [98[.
BY:
~ Oeput~ Clerk