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Ordinance 79-081ORDINANCE 79 - 8.1 . I{EgLIYED AN ORDINANCE AMENDING ORDINANCE 76-30, THE I CORPO TSD AREA OF COAS? "' ZONING ATLAS MAP NUMBER 49-26 BY CHANGING THE ZONING FROM "PUD" PLANNED UNIT DEVE~O~ MENT TO "PUD" ON THE FOLLOWING DESCRIBE~.F:~ PROPERTY= A PORTION OF SECTION 19, SHIP 49 SOUTH, RANGE 26 EAST LOCATED ONP. MILE EAST OF AIRPORT ROAD, 1/2 MILE NORTH OF GOLDEN GATE PARKWAY AND BY PROVIDING AN EFFECTIVE DATE. W~E~EAS, Wyndemere Holdings, 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 ~he herein described real property is changed from "PUD" Planned Unit Development to "PUD" and is subject to all the conditions as required herein and the Zoning Atlas Map Number 49-26 as described in Ordinance 76-39 is hereby amended accordingly= WYNDEMERE PLANNED UNIT DEVELOPMENT DOCUMENT DISTRICT ZONE: PUD PERMITTED USES: Single fatally dwelltngs; multi-family dwellings; golf course; a country club complex, Including Indoor and outdoor social, recreational, dining, and service facilities; golf course maintenance facilities; project utliitles facilities; and customary acces~ory uses. MAXIMUM CROSS PROJECT DENSITY: 1.51 dwelling units per acre. Total dwelling unlt count shall not exceed 725. DEVELOPMENT STANDARDS: SINGLE FAMILY LOT AREA: Minimum lot area: 10,000 sq.ft. Minimum lot width: Minimum front yard: Mlnimum side yard: Minimum rear yard: 25 ft. Maximum buildlng height: 30 ft. Minimum Minimum 80 ft., measured at the front setback line. ~I0 ft., measured fr~3m the back of curb. 10ft. enclosed residence floor area: 1,500 sq. ft. offstreet parking spaces: 2 per dwelling unit. Maximum number of single family lots: 360. MULTI-FAMILY CjustER AREAS: Minimum building setback from the entrance drive which extends from the security gate to the club site: ~0 ft. from back of curb for multi-family structures; 20 ft. from back of curb for accessory structures. Minimum setback from other drives In the multi-family cjuster complex: None. Maximum building height: Slx living floors (under building parklng does not constitute a living floor}. Minimum dwelling unit floor area: 750 sq. ft. Minimum building separation: One-half the sum of the heights of adjoining buildings, but not less than 20 Minimum offstreet parking spaces: 1~ spaces, per dwelling unit. Maximum number of dwelling units: CaLF COURSE AREA: Maximum clubhouse building helght: q0 ft. Minimum tennis court setback: 25 fl. Minimum clubhouse off'street parking: 17S spaces. ACCESS STREETS AND DRIVES: The access street from the project entryway to the clubhouse complex, and the streets within the single family residential area shall be platted, but privately owned. Drives within the multi-family cjuster areas shall not be platted. Utilities shall be installed either In the platted privately owned right of way commons, or In utility easements. MASTER PLAN: The approved WYNDEMERE PUD Master Plan shall also constitute the approved WYNDEMERE Subdivision Master Plan. EXCEPTIONS TO COUNTY SUBDIViSiON REGULATIONS: Article X, Section 16: The requirement for sidewalks, bicycle paths, and access paths shail be waived, except that the devel- oper shall Install a S-ft. wide bicycle path from the north/south access road to the project, along the south side of the project -2- principal entry road, past the country club site to the multi- family cjuster site which lles east of the country club site. Additionally, prior to the safe ot' any single family lots, the developer' shall establish a minimum $10,000 Interest bearing trust fund~ with the prlnclPaI and Interest accruing to the Wyndemere Property Owners Assoclatlon. No later than two years after 50% of the single family dwelling lots have been sold, a vote shall be held by the Property Owners Association, as to whether sidewalks shall be constructed along the Wyndemere perimeter street. Eligible voters shall consis{ of ali owners of single family lots In Wyndemere, exclusive of the developer.. If the vote Is in favor' of constructing a sidewalk along one side of the perimeter street, the cost thereof shall be defrayed in part by the amount of the principal and accrued Interest In the developer provided trust fund, with the remainder to be shared equally by the owners of ail single family lots. Ownership of multiple lots by the developer or others shall result In a number of shares equal to the number of lots being paid 'by such owner. After installation of .the sidewalk, It shall become a part of the overall Wyndemere Property Owners Assoclatlon common facilities, and subsequent maintenance or other costs shall be borne by the Association in the entirety. In the event that the vote is not in favor, of installing the sidewalk, the principal and Interest In the trust fund established by the developer, shall become an asset of the Wyndemere Property Owners Association, to be utliized as determined by the Directors. Article X, Section 19: Street name signs shall be approved by the County Englneer but need not meet the U.S.D.O.'r.F.HoW.A, Manual on Uniform ,traffic Control Devices. Street pavement painting, strlplng, and reflective edglng requirements shall be walved. -3- Article XI, Section 17 F. & G.: Street right of way commons width and pavement.width shall be as follows: 1.) The principal entrance drive f,rom security gate to country club complex shall have a 2q-ft. Wide travelway, except that at Intervals It may split and surround a landscaped Island. The travelways surrounding the islands shall be one-way, and shall be l~-ft, in width. The privately owned street right of way commons shall extend 20--fl. outside of and parallel to the edges of travelway. 2.) The project perimeter drive shall be comprised of' a 20-fl. wlde travel- way within a 50-fl. privately owned street right of way commons, except that at Intervals the .perimeter drive may split around a central landscaped Island, In which case the travelways surrounding the island shall be one-way, 12-ft. In width. The right of' way ' commons at the central Islands shall be parallel to and 1S-ft. outside of the edges of, travelway, :3.) The deadend streets shall · have 18-ft. wide travelways within a SO-ft. right of way commons, except that in the case of central.landscaped Islands the cul-de-sac travelway which .surrounds the Island shall be one-way, 12-fl. in width. The right of, way commons at the central Islands shall be parallel to and l S-fl. outside of, the edges of travelway. Article XI, Section 17 I.: Back of curb radii at street Intersections shall be a minimum of 30 ft. Article XI, Sectlon 17 K.: The requirement for 100-ft. tangent sections between reverse curves shall be waived, where approved by the County Engineer. Article XIo Section 21: The requirement'for blank utIlity casings shall be waived. DEVELOPMENT COMMITMENTS: OPERATIONt MAINTENANCE $ MANACEMENT: A property owners organization shall be created and shall be assigned responsibility for operation, maintenance, and manage- ment of common open space (excepting the golf course and country club complex), private roads, lakes and water manage- ment facilities exclusive of those wlthln the golf course. Owners of the golf course end country club complex shall be given responsibility for management and maintenance of the golf course, lakes, and water management facilities therein. Prior to con- struction plans being approved, 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. TRANSPORTATION IMPROVEMENTS: The developer shall dedicate to Collier County the planned 105 ft. wide access road right of way which ~xtonds from Colden Cate Parkway to the north Wyndemere property line. Within said right of way, the developer shall Install, as a part of the lnltlal project Improvements, a 2-lane roadway built in accordance with the County Subdivision Regulations, together with a S--ft. wide bicycle path along the west side of the road. The developer's road and bicycle path construction responsibility shall begin at Golden Gate Parkway and terminate at the Wyndemere project entrance road. The developer shall modify the intersection of Golden Gate Park- way and the north/south project access road by constructing a left turn storage lane within Colden Gate Parkway for east bound traffic, and a deceleration lane wlthln Golden Gate Parkway for west bound traffic. - $- 0: 0 At such time as a traffic signal is installed at the Inter-section of Coidon C;.~to Parkway and the north/south access road and/or- at the Intersection of the north/south access road and the p~.oJect entrance road, Wyndemere property owners shall contribute to the cost of said traffic signal Installation(s) in accord with the then existlng County pollcy. After Installation, the signal(si shall be owned, maintained, and operated by the County. The project entrance drive shall be ~--lane divided for' a minimum of 200 ft. from its point of int. ersectIon wlth .the north/south access road. No street shall Intersect the project entrance drive for a minimum of 200 ft, from the point of intersect[on of entrance drive and north/south access road. NOISE BERM: The project developer shall work with DOT and the County .Urban Forester in planting trees and shrubbery along the easterly pro- ject boundary, which is the westerly right of way line of 1-75, so as to provide a buffer between 1-75 traffic noise and the adjoining single l'amiiy homesItes. WASTE WATER COLLECTIONt WATER SUPPLY $ TREATMENT. FACILITIES: Ail homesltes and development parcels shall be served by a central waste water collectlon system and central water' suppiy distribution system constructed in accordance with applicable state and county regulations. If a governmental agency serves the site, the waste water collection system and water distribution and treatment facility shall be dedicated to the governmental agency. The developer provided sewage treatment facility and water treatment facility shall be screened and buffered to protect' surrounding properties. -6- PRESE .RyE ARE.A,: Prior to commencing of any construction within th'e northwest section of' the property where the pondapple slough Is located, the developer shall clearly mark and flag the edge of the pond- apple slough which Is to ~'emaln in Its natural state. After the field marked edge has been approved by the County Environmental Consultant, the developer shall t'urnish to the County an accurate survey of the preserve edge.. No construction ecluipment or activity shill Invade the field marked preserve area. 1011179 -7- SEc~zo" ~q' This Ordinance shall become effective upon =eceipt of notice that it has been filed with the Secretary of State. DATE.' October 23, 1979 BOARD OF COUNTY COMMISSIONEP~ COLLIER CO~TTY, 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 ORDINANCE NO. 79-81 which was adopted by the Board of County Commissioners during Regular Session October 23, lg7g. WITNESS my hand and the official seal of the Board of County Com- missioners of Collier County, Florida, this 23rd day of October, 197g. WILLIAM J. REAGAN Clerk of Courts and Clerk , %ii'ii , Ex-officio to Board of .~,,\ t~d. County Conmtssioners ~ '.':,.:. 7., . .-. "..~-.' ', ~.c, ':.: ?'. ,."'. ~' / ~ .~'~, ':::,,: . '/.,-'~ ...., By-~~~~~' ... .'m.,: .,. :-- . . ~ ~ , .. ,~ ; ~ Virgin~Magri ~ ~ . . . , . _ Deput~l erk . ' ~. ~, ~.,. ' ..," ..:; 'f~ Y'. ....~ ..'~ This ordinance filed with the Secretary of State's Office the '2.?~ .,~ 30th day of October, lg7g and acknowledge~nt of that filing received this 2n~da7 of ~ovemb[~l~lOTg.