Ordinance 77-18ORDINANC~ 77 - 18
AN ORDINANCE AMENDING ORDINANC~- 76-30 THE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF THE COASTAL AREA PLANNING DISTRICT
OF COLLIER COUNTYt FLOR~DA~ BY CIL~lqGING THE
ZONING DISTRICT CLASSIFICATION Ol~ THE
PROPERTY DESCRIBED HEREIN FROM ~RS-4w SINGLE
FAMILY, #RM-1~ MULTIPLE FAMILY, ~RC' GENERAL
RETAIL COMMERCIAL, 'RS-4ST' AND '~M-lST' '
SPECIAL TREATMENT TO A PLANNED UNIT DEVELOp-
KENT (PUD) ~ P~0VIDING AN EFFECTIVE DATE.
WHEKEAS, Coral Ridge-Collier Properties, Inc., a~C_orp~r
real property hereinafter described, o~
Comm~ssioners of Collier County, Florida~
SECTION ONE:
1. The Zoning Classification of the herein ~escribed
real property ~n Collier County, Florida, ~s changed from
'RS-4' and 'RS-4STw S£ngle Family and Special Treatment,
and 'RM-1ST' Multiple Family and Special Treatment,i and 'GRC'
General Retail Commercial to P~anned Unit Development (PUD) and
is subject to all cond~tiona as hereinafter described, and the
Official Zoning Atlas as described in Ordinance 76~30 is hereby
amended accordingly z
I
I
I
I
I
l
1
PLANNED UNIT DEVELOP~L~NT DOCUMERT
FOR
PELICAN BAY
A PLANNED I~ESIDENTIAL COY/~ITY
BY
CORAL RIDGE-COLLIER PROPEI~IES~ INC.
APRIL 8, 1977
[
I
i
PELICAN B~¥ PLANt~T~ TEAM
co~unl~~ .
~ ~es~ Florida
~v~ron~n~al ~ ineer~n ·
~E~-~I~S-P~~ ~ ~C.
~esk Pa~ Beach~ FlorSda
~$cal SkudSes
~PI~ BI~I~US~ES 'D~P~
~a~ Florida
~COU~ 0'~ ~ ~S~A~S~
Traffic ~si~n
~T~ BU~Y~ S~ & ~I~, INC.
~a~, Florida
~olf.. Course Des~
To~edo, Ohio
~al Coor~na~ Consul~t'
Naples, Florida
~gal Co~sel
Atto~eys at Law
Tall~assee,
I
I
1
[
LIST OF EXHIBITS
STATE/~{T OF COMPLIANCE
PROPERTY OW~TERSHIP &. DESCRIPTION
PROJECT DEVELOPMENT
UTILITY SERVICES
RESIDENTIAL GROUP 1
I~ESIDENTIAL GROUP 2
RESIDENTIAL GROUP 3
RESIDENTIAL GROUP 4
GOLF COURSE
NEIGHBORHOOD COMMERCIAL
COMMUNITY & AREA CO~R¢IAL
CONSERVATION AREA
UTILITY AREA
DEVELOPMENT CO~IT}~ENTS
PAGE
SECTION I 1-1
SECTION II 2-1
SECTION III 3-1
SECTION IV 4-1
~'ECTION V 5-1
SECTION VI 6-1
SECTION VII ?-1
SECTION VIII 0-1
SECTION IX 9-1
SECTION X 10-1
SECTION XI 11-1
SECTION XI! 12-1
SECTZO~ XIZZ 13-1
I
i
!
I
I
I
1
I
!
I
!
i
!
I
I
I
EXHIBIT A
EXHIBIT
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT
EXHIBIT I
E)~IIBIT J
EXHIBIT K
LIST OF EXHIBITS
Evidence Of Control of Property
Vicinity Map
Site Plan
Boundary Hap
Topography /.lap
Soils Map
Vegetation Map
Pelican Bay Improvement District Act
Est/mated Unit Absorption Schedule and
Population Projection
Internal Roadway Requirements
Traffic Signal Locations
I
i
i
I
I
io
I
I
I
I
!
!
STATEHE~T OF COMPLIanCE
The development of approximately 2104 acres of property In
Sections 32 and 33, Township 48 South, Range 25 East and Sections
4, 5, 8, and 9, Township 49 South, Range 25 East, Collier County,
Florida, as a Planned Unit Development to be known as PELIC~{ BAY
will comply with the planning and development objectives of
Collier County. These objectives are set forth in the Comprehen-
sive Plan which includes the Growth Policy and Official Land Use
Guide, all of which ~ere adopted by the Board of County Commissioners
on October 14, 1974. PELIC~ BAY will meet the planning and develop-
ment object/vas for the following reasons~
1) This property is surrounded by developed property on
three ad~acent landward sides.
2) An arterial roadway is in aw/stance along the pro~ect~s
eastern boundary. There are also roadways along the
north and south boundaries of the proposed project.
3) The property is entire fy within the boundaries of the
Pelican Bay Improvement District which was created by
the Florida Legislature for the purpose of providing
water management, potable water and wastewater treatment
. facilit/es for the proposed development.
The proposed land use ndx is compatible with the surround/rig
uses°
5)
The project rates points in excess of the 31 points
necessary to determine it to have existing community
facilities and services for the residential density
and~er~itted uses of the proposed plan and therefore
is not leapfrog growth.
The project shall comply with the applicable zoning
and subdivision regulations and all other County and
State laws dealing with platt/ng and subdividing of
property at the time improvements and plat approvals
are sought.
SECTION !
PROPERTY OWNERSHIP & CENERAL DESCRIPTION
I
I
I
!
i
1.01
1.02
1:03
1.04
INTRODUCTION AND PURPOSE
It is the intent of Coral Ridge-Collier Properties, Inc. (here-
inafter called 'applicant' or 'developer') to establish and
develop a planned unit development on approximately 2,104 .acres
of property located in Collier County, Florida, Just north of
the City limits of Naples. It is bordered on the west by the
Gulf of Mexico and on the east by U.S. Highway 41 (Tamiami
Trail). The northern boundary of the property Ks Vanderbilt
Beach Road. The southern edge of the property is bounded by
Seagate Drive. It is the purpose of this document to provide
the required detail and data concerning the development of the
property.
NAME
The development will be known as PELICAN BAY.
LEGAL DESCRIPTION
All that fractional part of Section 32, lying South of Vanderbilt
Beach Road; and all of Section 33, lying South of Vanderbilt
Beach Road and West of State Road 45 (U.S. 41); all in Township
48 South, Range 25 East, Collier County, Florida.
AND ALSO, all of Section 4, lying West of State Road 45 (U.S. 41};
all fractional parts of Government Lots I and 2, Section 5; all
fractional part of Section 8; and all of Section 9, lying West
of State Road 45 (U.S. 41), excep~ing therefrom the South 70 feet
of the Southeast 1/4, and the South 70 feet of the East 158.25
feet of fha Southwest 1/4; all in Township 49 South, Range 25
East, Collier County, Florida.
TITLE TO PROPERTY
1.05
The southern 500 acres of the proposed development are owned by
Coral Ridge-Collier Properties, Inc. The northern 1,604 acres
are under option as described in Exhibit "A", Evidence of Control
of Property.
GENERAL DESCRIPTION OF PROPERTY AREA
The general location of PELICAN BAY, the current zoning classifi-
cations of surrounding properties, and nearby land developments
are iljustrated by Exhibit 'B~, VlcinityMap.
1-1
!
!
!
1
I
1
[
l
!.
i
I
!
I
I
!
i
I.
1.06
The project site contains approximately 2,104 acres of property
with approximately three miles of frontage along the Gulf of
Mexico. At the time of this application the property was zoned
GRC, RM-1 and RS-4. Certain portions along the western edge
of the property were designated "Special Treatment (ST)" as shown
on Exhibit "B", Vicinity Map.
PHYSICAL DESCRIPTION
Elevations within the project site range from sea level to
approximately nineteen (19) feet above sea level as shown on
Exhibit "E", Topography Map.
The soil types of the site are shown on Exhibit 'P', Soils Map
and are discussed in detail in Section 20.B.6 of the Application
for Development Approval of a Development of Regional Impact.
The vegetation on the site is shown on Exhibit tG", Vegetation
Map and is discussed in detail in Section 20.B.~ of the Appli-
cation £or Development Approval of a Development of Regional
Impact.
1-2
I
I
2.02
I
I 2.03
I
!
I,
I
I
I
!
!
I
l''
!
SECTTON II
PROJECT DEVELOPF~NT
PURPOSE
The purpose of this Section is to generally describe the project
plan of the development and delineate the general conditions
that will apply to the entire project.
GENERAL PLAN OF DEVELOPMENT
The general plan o~ development of PELIC~ BAY is for a planned
residential community including a mixture of single and multi-
family dwelling units with com~rcial areas, golf course,-school
sites, governmental facilities sites, neighborhood and co..--mun!t~
parks and protected beaches and wetlands.
GULF-FR~.IT LAh'O
The applicant recognizes the importance of the availability of
Gulf-front land for the use of those persons residing within the
PELICAN BAY development and for use by the general popu/ation of
Collier County. The applicant also recognizes the importance
of setting aside large areas which are environmentally sensitive.
}~en the applicant receives all local, state, federal or other
regulatory agency development perm/ts, including fill permits,
and complete development is permitted in accordance with this
ordinance as adopted, the applicant shall satisfy the requirements
for Gulf-front land use for the residents of PELIC~ BAY and the
general Collier County population in the following ways:
The residents of PELICAN BAY: When the above condition is met,
the applicant shall file covenants on approximately'S30 acres
of uplands, wetlands and open water areas, which are environ-
mentally sensitive, including approximmtely one-and one-quarter
miles of beachfront immed/ately north of Clam Pass. The.~se.,
of this land will be restzlcted by covenants for preservation,
conservation and limited recreational use and this area ia
identified on the project development map as the area labeled
"Conservation".
be
General Collier County population= When the above condit/on
ia m~t, the applicant shall convey approximately 36 acres,
which includes three-quarters of a mile of beachfront imme-
diately south of Clam Pass to Collier County. This conveyanc~
will contain a covenant restricting its use for a public beach
with related recreational activities and in the event that
development or fill permits are modified or withdra%m at any-
time during the development process without written consent
agreement between the applicant and Collier County or in the
event that Collier County violates the provisions of the covenant
restricting the use of the beach for a public beach with related
2-1
I
I
2.04
I
I
2.05
!
I
I'
I
zecreational activities, then and in either one of those
events the ownership of the property shall revert to the
applicant.
The applicant shall reserve a minimum of two (2) acres within
the southern portion of Group 4 upon which Collier County may
construct a parking lot in connection with any county con-
structed accessway to the 36 acres of Gulf-front land. The
applicant will'convey the 2 acres of Group 4 properties to
Collier County at the time Collier County constructs a beach
accessway.
When the above.condition is met, the applicant shall develop,
on approximately five (S) acres located at the northwest corner
of PELiC~ BAY adjacent to Vanderbilt Beach Pmad and the Gulf
of Mexic~ approximately 120 parking spaces and then convey
the same to Collier County for public beach access purposes.
The accomplishment of 2.03(a),(b) and (c) above being contingent
'upon the conditions of 2.03 being met, and the transfer of dwelling
units from the ST areas and the placing of conservation zoning
thereon being in Contemplation of the condition~ of 2.03 being
met and the applicant being allowed to develop 98 acres of wetlands.
in the northwest corner of Group 4; it is specifically understood
that, in the event said conditions are not met and the applicant
is not allowed to develop the 98 acres or any part thereof, then
to the extent that applicant is not allowed to develop any part
of the 98 acres heretofore described, it is the intent of the
applicant to apply for a modification to this PUD document to
allow the applicant to develop an e~ual amount of the Conservation
area as Group 4 property.
SPECIAL TREATmeNT (ST) REGULATIONS
The adoption of this document shall constitute satisfac~on of
the 'SPECIAL REGULATIONS FOR (ST).AREAS OF ENVIRONMENTAL SENSI-
TIVITY" and the transfer of the applicant's development rights
from "ST" lands to "non-ST" lands,, in c0mPl~ance with the
applicable sections of the Zoning Ordinance of Collier County
to permit development as herein described.
SITE PLA/{ APPROVAL
When site plan approval is requ/red by this document the following
procedure shall be followed:
A written request for site plan approval shall be sub-
mitred to the Director for approval. The request shall in-
clude materials necessary to demonstrate that the approval
of the site plan will be in harmony with the general intent
and pUrl0ose of this document, will not be injurious to the
neighborhood or to adjoining proper~ies, or otherwise
detrimental to the public welfare. Such material may
clude, but is not limited to the following, where applicable:
2-2
I
I
1)
2)
3)
4)
5)
Site plans at an appropriate scale showing proposed
placement of structures on the property; provisions for
ingress and egress, offstreet parking and offstreet
loading areas, refuse and service areas; and required
yards and other open spaces.
Plans showing proposed locations for utilities hook-up;
Plans for screening and buffering with references as
to type, dimensions, and character;
Proposed landscaping and provisions for trees protected
by Cothnty ~egulations; and
Proposed signs and lighting, including type, dimensions
and character.
l
l
l
I
!
I
I
I
I
I
i''
!
2.06
2.07
LAND USE
Table i is a schedu/e of the intended l~d use types, with
approximate acreages and total dwelling units indicated. The
arrangement of these land use types is shown on Exhibit
Site Plan. Variations in acreages shall be permitted at final
design to accommodate topography, vegetation and other site
conditions. The specific location and size of individual tracts
and the assignment of dwelling units thereto shall be submitted
to and approved by the Director at the tiF~ of Master Plan
approval of each development phase as required by the Collier
County Subdivision Regulations.
FPJ%CTIONALIZATION OF TRACTS
a®
be
When Coral RidgelCollier Properties, Inc. sells an entire
tract or a building parcel (fraction of a tract) to.a sub-
sequent owner, Coral Ridge-Collier Properties, Inc. shall
provide' to the Director for approval or denial prior to
the sale, a boundary drawing showing the tract.ind the
building parcel therein when applicable and in the case of
a residential area, the number of dwelling units of each
residential group assigned to the property being sold. If
approval or denial is not issued by the Director within 10
working days, the submisolon shall automatically be approved.
In the event any residential tract or building parcel is
sold by any subsequent owner, as identified in Section 2.07(a)~
in fractional parts to other parties for development, the
subsequent owner shall provide to the Director for approval
or denial, prior to the sale of a fractional part, a boundary
drawing showing his originally purchased tract or building
parcel and the fractional parts therein and the number of
dwelling units assigned to each of the fractional parts.
2-3
::= 007 7I
,-%
I
i
I
I
I
1
I
I
!
!
I
I
I
I
The drawing shall also show the location and size of access
to those fractional parts that do not abut a public street.
If approval or denial is not Issued by the Director within
10 working days, the submission sha~l automatically be
approved.
In the event a co~mercial tract or bu/lding parcel is sold
by any subsequent owner, as Identified in Section 2.07
in fractional parts to other parties for development, the
subsequent owner aha11 provide to the Director for approval
or denial prior to the sale of a fractional part, a boundary
drawing showin~ his originally purchased tract or building
parcel and the fractional parts therein. The drawing shall
also show the location and size of access to those fractional
parts that do not abut a public street. If approval or
denial is not issued by the Director within 10 working days,
the submission shall autoF~tically be approved.
The developer of any tract or'building parcel must submit
at the time of application for a building permit, a de-
tailed plot plan for has tract or parcel. Such plot plan
shall show the proposed location of all buildings, access
roads, offstreet parking and offstreet loading areas, refuse
and. service areas, required yards and other open spaces,
locations for utilities hook-up, screening and buffering,
signs, lighting, landscape plan, other accessory uses and
structures and in res£dential areas, the distribution of
dwelling units among the proposed structures.
P-~-S I DENTIAL
The information hereinafter provided ident~fies each residential
group; the total acreage per group and the total dwelling units
per group. ·
a) Group 1' parcels have a total of 278 acres. A maximum of
600 dwelling units will Be placed on Group 1 parcels in accor-
dance with Section 4, except as provided in Section 2.10.
b) Group 2 parcels include 371 acres. A maximum of 2314 dwell-
ing units will be placed on Group 2 parcels in accordance with
Section 5, except as provided tn Section 2.10.
c) Group 3 parcels include 135 acres. A maximum of 1686
dwelling units will be placed on Group 3 parcels in accordance
with Sect/on 6, except as provided in Section 2.10.
d) Group 4 parcels include 343 acres. A mmximumof 5000
dwelling units will be placed on Group 4 parcels in accordance
with Section 7, except as provided in Section 2.10.
2-4
007
I
i
I
I
I
I
!
I
i
I
I
I
I
TABLE 1
PELICAN BAY
LAND USE SCHEDULE
LAND USE TYPE
APPROXIMATE
MAXIML~
~o. o~, .D.U.
RESIDENTIAL
Group 1 278 600
Group 2 371 2314
Group 3 135 1686
Group 4 343 5000
COMMERCIAL
Area 58
~etghborhood 21
Co~unttn I ty 26
PUBLIC FACILITIES
Uttllty 19
Schools 45 (also l~cluded tn Group 2)
Major Public Roads 112
Government Aclm[nfstratfon
/Commun£ty Park 20 (also Included £n Group 2)
OPEN SPACE & RECREATION
Conservation Area
Golf Course, Tennis
Club & Golf Club
Neighborhood Parks
570
171
20 (also lnclu~e~ ~n Residential
areas)
2,104 Acres 9600
!
i.
2-5
1
I
I
[
2.09
2.10
PROJECT DENSITY
The total acreage of the PELICAN BAY property is approximately
2,104 acres. The maximum number of dwelling units to be built
on the total acreage is 9600. The number of dwelling units
~er gross acre is approximately 4.5. The dens£ty on individual
parcels of land throughout the project will vary according to
the type of housing placed on each parcel of land.
.P. EFR/TTED VARIATIONS_OF DWELLING UNITS
Each tract shall be perm/tted to be developed with the maximum
number of ~welling units as assigned by Sect/ohs 2.06 and 2.08
provided that the applicant L~ay increase the maximums by not
more than 10%~ and provided further that the total dwelling
units for the entire project shall not exceed 9600. The D~rec-
tot shall be notified in accordance with Section 2.07 of such an
increase and resulting reduction in another tract so that the
dwelling units will be ~alanced at 9600.
I
I
I
I
I
!
!
i
2.11 DEVELOP}~NT SEQUENCE AND SC~{EDULING
The applicant has not set 'stages' for the development of the
property. Since the property is to be developed over an esti-
mated 28 to 34 year ti~e period, any projection of project
development can be no more than an estimate based on current
marketing studies. The esti=~te may of course, change depending
upon future economic factors. Exhibit 'I' indicates, by year,
the esti=ated absorption of un,ts (by unit type) and the approxi-
mate population of the project Cassum/ng full occupancy) for the
estimated 28-34 year development period.
2.12
RECREATIONAL FACILITIES SCHEDULE
The applicant shali cause the following recreational facilities
to be constructed subject to obtaining all permits. The schedule
for development of these facilities relates.to the issuance of
building perm/ts accor~/ng to the following table. Non-compliance
with this schedule will result tn withholding of additional bttild-
tng permits until compliance is achieved.
FACILITY OR SITE
Golf Course
Clubhouse w/Pool*
& Tennis Courts
Boat Launch/Boat Dock**
Boardwalk
Nature Trail
Neighborhood Parks**
· Government Administrat~on
Site/Community Park Site***
BUILDING PE~TS FOR NOT~OF~ THAN=
400 Un£ts ?00 Un,ts 1600 Un,ts
9 holes 9 h~les
X
X
S acres per each 1,000 units for
first 4,000 Units
2-6
i
!
"' 2.13
*Clubhouse for golf and tennis combined - 5,000 square feet m~nimum.
**Neighborhood parks to total a m/nimum of 20 acres. Boat launch/
· boat dock ia lncl~4ed as a part of the neighborhood parks.
***Government administration site/community park sito to be a maximum
of 20 acres.
?24ENDMENT OF ORDINANCE
!'
1
i
i
1
I'
I
2.14
Both the County and the developer, with knowledge that the long
range development plan permitted by the ordinance will not be
complete for a perio~ of 28 to 34 years, recognize that excep-
tions, variances, or amendments to this ordinance =~y be necessary'
in the future. Obviou=ly, there =ay be changes in planning
techniques, engineering techniques, transportation methods, and
other factors that would warrant this ordinance being amended
to meet standards of the t/me. All petitions or requests for
exceptions, variances and a~ndments shall conform with the
procedures ex~sting at the time of the application for the ex-
cuption or amendments.
TREE REMOVAL
All clearing, grading, earthwork, and site ~rainage W%rk shall
be performed in accordance with the approved PCD site plan and
all applicable codes. Prio= to any such removal, a site clearing
plan must be submitted to'the Director for review and approval
to insure that said removal shall be carried out under proper
forestry management principles. Protected trees shall be flagged,
clearly marked and/or fenced during periods of construction so as
to eliminate or minim/ze their damage.
!
I
2.15
DEFINITIONS
Def~nit/ons shall be as contained in the Zoning Ordinance of
Collier County.
2-7
.i
007 75
I
I
I
I
I
I
!
i'
1
I
I
I
I
3.01
SECTION I'rI
UTIL'rTY SERVICES TO PELICAN BAY
GENERAL
The Pelican Bay Improvement District was created 'by action of
the Florida Legislature in 1974. The specific law creating
the district is Chapter 74-462 of the Florida Statutes. The
district is a political subdivision of the State of Florida
charged with the specific responsibility to design, finance,
build, operate, and maintain (1) sewerage system (2) potable
water system and (3) surfac~ water management and control system.
The law provided for a Board of Supervisors of the Polican Bay
Improvement District to carry out the duties delegated to it.
The law established the original five members of the Board of
Supervisors as appointed by the Collier County Commission.
Those individuals will hold office until there is an election
~m~g the qualified electors of the District to determine
meFbershfp on the Board of Supervisors.
The Board of Supervisors, in order to carry Out the duties and
responsibilities assigned to it, was granted certain powers
and authorities by the Legislature. Specifically, the district,
through the Board of Supervisors can enter into oontracts~
borr~¢ money~ issue bonds~ assess lands for special taxesl pro-
vide special user assessments~ own and acquire interests in land~
employ professionals and other necessary persons to carry out
the dutiesl and, if necessary bring legal actions. The Legis-
lature of the State of Florida specifically expressed that the
purpose of the district was to 'facilitate development' of
utility services.
A copy of the Pelican Bay Improvement District Act, Chapter
74-462 of ~he Florida Statutes, is attached hereto as Exhibit
a) Water Supply and Treatment Facilities
The Pelican Bay Improvement District is charged with the
responsibility of providing a water system for the PELICAN
,,BAY project.
b) Sewerage Treatment Facilities
The Pelican Bay Improvement District is charged with the
responstbili~y of providing a sewerage system for the
PELICAN BAY project.
3-1
I
.!
007 78
3.02
3.03
3.04
3.05
!
3.06
I
I
I
I
I
I
c}
Water Management Control Facilities
The Pelican Bay Improvement District is charged with the
responsibility of providing water management and control.
SOLID WASTE COLLECTION
So1£d waste collection for the PELICAN BAY project will be
hm~dled by the company holding the franchise for solid waste
collection for the county.
ELECTRIC P~ER SERVICE
Florida Power and Light Company will provide electric service
to the entire project.
TELEPHONE SERVICE
Telephone service will be supplied to the PELICAN BAY project
by United Telephone Company of Florida.
TELEVISION CABLE SERVICE
The PELICAN BAY project falls within the franchise areas of
two television cable companies. Those companies are the South
Florida Cable Telev£sion Corporation of Bonita Springs and the
Radio Television Centre of Naples.
EASEMENTS FOR UNDERGROUND UTILITIES
On-Site utilities such as telephone, electric p~er, TV
cable service, wastewater collection, water distribution, etc.
shall be installed ~nderground. Except that electrical feeder
lines serving co~rcial and other high use areas, water pumping
stations, lift stations, transformer banks, etc. shall be per-
mitred above ground. Easements shall be prpvided for all
utility purposes. In areas that must be cleared for utility
construction, a special effort shall be made to protect the
max~mumnumber of tre~s. Said easements and improvements she1!
be done in accordance with the subaivision regulations.
3-2
007 77
4.02
4.03
[
I
I
!
1
!
I
I
!
GROUP
PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated on Exhibit "C", Site Plan, and Table 1
as Group I parcels.
MAXI}~JM D~TELLING UNITS
A maximumnumber of 600 dwelling units may be constructed in
all of the Group i parcels combined except as permitted by
Section 2.10.
PE~_ITTED USES ~D STRUCTUKES
No building or s.tructure, or part thereof, shall be erected,
altered, or used, or land or water used, in whole or in part,
for other than the following:
Permitted Princi~al Uses and St~uqtures
1) Single Family detached dwellings.
2} Parks, playgrounds, playfields and commonly owned open
space.
3) Water manage=ant facilities.
B. Permitted Pring~pal. Uses and Structures Requiring Site
~1an Approval
1)
2)
Non-commercial boat launching facilities, and multiple
docking areas not to exceed one per ~-elling unit.
P~creational clubs, intended to serve the surrounding
residential area.
3) Churches, schools, and child care centers when accessory
to the church or school.
C. ~e,rmitted Accessory Uses and Structures
1)
Private boat docks with or without boat hoists, on
water front lots, not protruding more than five (5)
feet into the water, except if such waterbo~y has a
width of one hundred (100) feet or more, the dock may
protrude not more than twenty (20) feet into such water
body, providing, however that no boat is used as a
residence.
4-1
007' 78
4.04
i
t
!
2) Customa~ accessory uses and .,tructures, ~.nclud~.n9
vate garages.
3) Signs as per~tted by the ~oning Ordinance of Collier
County.
4)
Model homes shall be pen~tted ~n conjunction w~th the
promotion of the development. Such model homes shall be
perm/fred for a peric~ of two (2) years from the ~nitial
use as a model. The D~rector may authorize the exten-
sion of such use upon written request and Justificat~on.
REGULATIONS
4.04~01 GENERALs All yards, set-backs, etc. shall be in
relation to the ~n~vidual parcel boundaries.
4.04.02 MINIHUM LOT AREA= 10,000 square feet.
4.04.03 HINIMU~! LOT WIDTH~
A. Corner Lots - ~inety-five (95) fee& as measured
at the front yard setback.line.
Inte=ior lots - E~ghty (80) feet as measured at
the front yard setback l~ne.
4.04.04 f~MIMUM YARDS:
A. Front Yard - 30 feet.
B. SAde Yard - 7 1/2 feet one s~ory, 10 feet for ~wo
stories.
I
i
C. Rear Yard - 25 feet except that for screen enclo-
sures the rear yard may be reduced to 15 feet.
D. All yar~s abutting a street shall be front yards.
Four-s~ded corner lots shall have two front and
two side yards. Five or more s~ded corner Kote
shall have two front, two s~des, and rema~ning
yards shall be rear yards, with the rear yards'
being those farthest from the abutting streets.
4.04.05 MINI}~! FLOOR AREA~
A. One story - 1,000 Square feet.
B. Two story - 1,200 Square feet.
4.04.06 OFF-STREET PARKING REOUIREMENTS~
One parking space shall be required for each dwelling
unit and such space shall be located w~th~n the bu~l~/ng
setback l~ne.
4~2
i
I
I
[
i
I.
I
I'
I
!
!
!
4.04.07 R,~X.~Z. RJ~I I~ZG~fs
ThirtSf (30) feet above £1nished grade of lot. Accessory
buil~ings limite~ to twenty (20) £eet above finished
grade of lot.
4-3
I
I
I
I'
I.
I
5.01
5.02
5.03
SEC'I'*roR V
GROI:~ 2
~URPOSE.
The purpose of this Section is to set forth the regulations for
the areas designated on Exhibit ~C", Site Plan, and Table 1 as
Group 2 parcels.
DWELLING UNITS
A maximum number of 2314 dwelling units may be constructed In
all of the Group 2 parcels except as permitted by Section 2.10.
USES PERMITTED
No building or structure, or par~ thereof, shall be erected,
altered or used, or land or water used, tn whole or in part,
for other than the following~
A. Principal. Uses
1)
Single family units are perm/ted as Individual structures
or as combinations of up to and incltlding slx (6)
single fandly attached units per structure. Such unit
types as single family attached, duplex, patio, cjuster
attached, cjuster detached, villa attached, villa de-
tached and zero lot lines are permitted.
2) Parks, playgrounds, playfields and commonly owned
open space.
3) Water managem.~nt facilities
B. ~rincipal Uses ~equirtn~ Site Plan Approval:
1) Non-commercial boat launching facilities and multiple
docking areas.
2) Recreational clubs, intended to serve the surround~g
residential area.
Churches, schools, child care centers, and governmental
adm/nistration buildings.
4)
Convalescent homes, rest homes, homes for the aged,
adult foster homes, children's homes, rehabilitation
centers and licensed skilled nursing fac~lities; each
unit shall count as one-third (1/3) of a dwelling unit
in accounting for the dwelling units assigned in 5.02
above.
5-1
I C.
5.04
Permitt.ed...Accessory Uses and .~tructures,
1)
Private boat docks with or without boat hoists,
on waterfront lots, not protruding more than five (5)
feet into the water; except If such waterbody has a
width of one hundred (100} feet or more, the dock may
protrude not more than twenty (20) feet into such
waterbody, providing, however, that no boat is used as
a residence.
2)
3)
Customary accessory uses and structures, including
private garages.
Signs as permitted by the Zoning Ordinance of
Collier County.
4)
Model homes shall be permitted in conjunction with the
promotion of the development. Such model homes shall
be permitted for a period of two (2) years from the
initial use as a model. The Director may authorize
the extension of such use upon written request and
Justification.
REGULATIONS
I
I
!
l
5.04.01
5.04.02
5.04.03
MINIMUM LOT AREA: A minimum area of 2600 square feet
per dwelling un£t shall be provided in so~e combination
of individual lots and contiguous common open space,
excluding private and public roads ......
MINIMUM LOT WIDTH:
Minimum individual lot (envelope) width for each
dwelling unit related to a structure containing
at least two (2), but not more than six (6)
dwelling units shall not be less than twenty (20)
feet measured between the side lot lines at the
required front setback line.
Minimum individual lot width for a single detached
unit structure shall not be less than forty-five
(45) feet measured between the side lot lines at
the required front setback line.
MINIMUM YARDS
From tract boundary lines, right-of-way lines and/
or from the edge of the gutter of a private road,
twenty-five (25) feet.
5-2
I
I
1
I
1
I
!
I
!
!
!
i
5.04.04
5.05.05
5.05.06
5.04.07
Distance between structures:
z)
Between a.nz.two principal structures t~ere
shall be a combined ~lnimum yard of 1/2 the
sum of their heights but not less than twenty
(20) feet.
2) Between any two accessory uses t~era shall be
a combined ~d. nimum yard of twenty (20) feet.
In the case of cjustered bulld£ngs w~th a common
archi~ectural theme, these distances may be less
provide~ that a site plan is approved in accordance.
with Section 2.05.
J,f.A;~"G~.[ ~I~T OF P~INCIPAL AND ACCESSORY STRUCTURESt
Principal Structures= Thirty (30) feet above the
finished grade of the lots.
~. Accessory structures shall be no higher than twenty
(20) feet above the fin£shed grade of the lot.
MINIMUm'fLOOR--A: Those principal use structures
~h[ch are iden=[fied in Section 5.03.A shall be as
follows~ One (1) story structures shall not conta£n
less than eight hundred (800) square feet and two (2)
story structures shall not contain less than twelve
hundred (1200) square feet.
OFF-STREET PARKING: Those princ~pal use structures which
'~r~"'~entifi~d in Section 5.03.A. shall contain a
min~mumof two (2) spaces per ~welling unit. The
Director may permit a lesser number of parkin~ spaces
to be pave~ when c~rcumstances indicate infrequent use.
~o~ever, those unpave~ spaces shall be grassed and re-
served for future paving.
0FF-ST~EET PARKI~IG LANDSCAPING:
Lan~scaping shall be provided as required by the
...... Zoning Ordinance of Collier County.
5-3
007, 83
I" 6.01
I
6,02
i'
6.03
1
I
I.
!
I
I
!
I.
I
1"
1
SECTION VI
GROUP 3
PUI~POSE
The purpose of this Section is to set forth the ~egulations
for the area designated on Exhibit 'C#~ Site Plan and Table 1
as Group 3 parcels. .
MAXIMU~ ~ELLING UNITS
A maximumnumber of 1686 dwelling units may be constructed in
all of the Group 3 parcels combines except as permittea by
~ection 2.10.
USES PE~.~TTED
No building or structure, or part'thereof, shall be erected,
altered or used, or land or water used, in whole or part, for
other than the following~
A. Principal Uses~
1) ~ultt-family residential units Including garden
apartments.
2)
Those uses permitted in Group 2 when developed in
accordance with Section 5.04.
3) Parks, playgrounds, playfields and commonly owned
open apace.
4) Water management facilities.
principal uses Requiring Site Plan. Approval:
1) Non-commercial boat launching facilities and multiple
dockingareas. '
Recreational clubs, intended to serve the surrounding
residential area.
3) Churches, schools, and child care centers.
4)
Convalescent homes, rest homes, homes for the aged,
adult foster homes, children's homes, rehabilitation
centers and licensed skilled nursing facllities~ each
unit shall count as one-third (1/~ of a dwelling unit
~u% accounting for the dwelling tulits assigned in 6.02
above.
6-1
I
I'
I
I
I
I
I
I
6.04
C. Permitted Accessory Uses and Structures=
1)
Private boat docks with or without boat hoists, on.
waterfront lots, not protruding more than five (5)
feet into the water~ except ~£ such waterbody has a
width of one hundred (100) feet or more, the dock
may protrude not more than twenty (20) feet into such
waterbody, providing, however, that no boat is used
as a residence.
2)
4)
Customary accessory uses and structures, including
private garages.
Signs as permitted by the Zoning Ordinance of Collier
County.
Model homes shall be permitted ~n conjunction with the
promotion of the development. Such model homes shall
be permitted for a period of two (2) years from the
initial use as a model. The Director may authorize
the extension of such use upon written request and
justification.
REGULATIONS
6.04.01. MINIMUM LOT AREA~
One (1) net acre.
6.04.02. MINIMUM LOT W~DTH:
i
1
I
!
I
I
6.04.03
A.
150 feet as measured at the front yard setback line.
MINI}~JM YARDS
From tract boundary lines, right-of-way lines and/or from
the edge of the gutter of a private road, thirty-five (35)
feet or one-half (1/2} the height of the structure, which-'
ever is greater.
B. Distance Between Structures
Ce
Between any two principal structures - one-half (1/2)
the sum of their heights but not less than thirty (30)
feet.
2}
Between any two accessory uses - one-h~lf (1/2} the
sum of their heights but not less than twenty (20) feet.
In the case of cjustered buildings with a common architec-
tural theme, these distances may be less provided that a
site plan is approved in accordance with Section 2.05.
6-2
I'
I
[
1
I
1
!
i'
I
I
I
i
6.04.04. MAXIMUM ~EIG~T OF PRINCIPAL AND ACCESSORY STRUCTU~ES~
Four (4) stories above the finished grade with option of
having one (1) floor of parking beneath the allowable
four (4) stores.
Accessory structures shall be limited to a maximum of
twenty (20) feet above finished grade of'the lot.
6.04.05. MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES~
Those principal use structures which are identified in Section
6.03.A. shall contain a ntinimu~ of seven hundred and fifty
(750) gross square feet of living area per dwelling unit
within principal structure.
OFF-STREET PARKING:
Those principal use structures which are ident~fied in
Section 6.03.A. shall contain a nttnimum 1.5 parking spaces
pet dwelling unit. The Director may permit a lesser number
of parking spaces to be paved when circumstances indicate
infrequent use. However, those unpaved spaces shall be
grassed and reserved for future paving.
6.04.07 OFF-STREET PARKING LANDSCAPING:
LandscapiDg shall be provided as required by the Zoning
Ordinance of Collier County.
6-3
SECTION VII
GROUP 4
PURPOSE
The purpose of this Section is to set forth the regulations for
the areas designated on Exhibit "C", Site Plan, and Table .1 as
Group 4.
I
I
I.
1
1
I
I
I
7.02
7.03
~MAXI~TJM ~g'TELLII;G UNITS
A maximum number of 5000 dwelling units may be constructed in
all of the Group 4 parcels combined except as permitted by
Section 2.10.
USES PEPJ(ITTED
No building or structure, or part' thereof, shall be erected,
altered or used, or land or water used, in whole or part, for
other than the following=
A. Principal Uses=
1) Multi-fam/ly residential buildings.
2) Those uses permitted in Group 2 when developed in
accordance with Section 5.04.
3) Those uses perm/fred in Group 3 when developed in
accordance with Section 6.04.
4) Parks, playgrounds, playftelds and commonly owned open
space.
5) Wa~er management facilities.
6) Existing non-commercial plant nurser~.
Principal Uses Requiring SAte Plan Approval
1) Recreational Clubs intended to serve the residents of
PELICAN BAY. ·
!
I
2)
3)
4)
Churches, schools and c~/ld car~ centers.
Civic and cultural fac/lit/es.
Hotels and motels, maximum of 1500 units. Each hotel
or motel unit shall count as one-third (1/3) of a
dwelling unit in accounting for the dwelling units
assigned in 7.02 above.
7-1
1
I
I
I
I
1
1
i
1
I
I
7.04
5)
Private clubs intended to serve the residents of PELICAN
BAY.
'6)
Convalescent homes, rest homes, homes for the aged,
adult foster homes, children's homes, rehab£11tation
centers and licensed skilled nursing facilities~
each unit shall count as one-third (1/3) of a dwelling
unit in accounting for the dwelling unit~ assigned in
7.02 above.
C. Per=/tted Accessory Uses and Structures=
1)
Private boat docks, with or without boat hoists, on
waterfront lots, not protruding more than five {5) feet
into the war,ri except if such waterbody has a width of
one hundred (100) feet or more, the dock may protrude
not more than twenty (20) feet in~o such waterbody,
providing, however, that no boat ks used as a residence.
2) Non-commercial boat launching facil~ties and multiple
docking areas.
3)
4)
5)
Customary accessory uses and structures, including
private garages.
Signs as ~erm~tted by the Zoning Ordinance of Collier
County.
Model dwelling units shall be. perm~tte~ in conjunction
with the pro~otion of the development. Such model units
shall be pera~ttted for a period of two (2) years from
the initial use as a model. The D~rector may authorize
the extension of such use upon written request and
Justification.
REGULATIONS
7.04.01. }~NI}~ LOT AREA=
One (1) net acre.
7.04.02.
MIUIMUM LOT WIDTH:
150 feet as measured at the front yard set back line.
7.04.03. ~NIMUM YARDS=
From tract or development parcel lines, right-of-way l~nes
and/or from the edge of the gutter of a private road,
fifty (50) feet or one-half (1/2) the height of the
structure, whichever is greater except that detached
accessory structures shall be set back 20 .feet or 1/2
of the height, whichever is greater.
7-2
007
I
I
I
I
!o
1
I.
I
I'
I
I
I
I
Bo Distance between structures -
1)
Between any two principal structures - one-half (1/2)
the sum of their heights but not less than fifty (50)
feet.
2)
Between any two accessory uses - one'half (1/2) the
sum of their heights but not less than thirty (30)
feet.
Ce
In the case of cjustered buildings with a common
architectural theme, these distances may be less
provided that a site plan is approved in accordance
with Section 2.05.
7.04.04. MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES=
A. Principal structures= Two hundred (200) feet above
finished grade of the lot.
Accessory structures shall be lim/ted to a maximum of
twenty-five (25) feet above finished grade of the lot', .'
except for roof top recreation facilities.
7.04.05. MINIMUM'LIVING AREA OF PRINCIPAL STRUCTURES=
Those principal use structures which are identified in
Section 7.03.A. shall contain a minimum of seven hundred
and fifty (750} gross square feet of living area per
dwelling unit within principal structure.
7.04.06 OFF-STREET PARKING=
Those principal use structures which are identified in
Section 7.03.A shall contain a minimum of 1.5 parking
spaces per dwelling unit. The Director may permit a
lesser number of parking spaces to be paved when car-
cumstances indicate infrequent use. However, those
unpaved spaces shall be grasse~ and reserved for future
paving.
7.04.07 OFF-STREET PARKING LANDSCAPING=
Landscaping shall be provided as required by the Zoning
Ordinance of Collier County.
7-3
007 ,= ~9 ·
[
8.02
[
[.
[
l
!'
i
I
!
I
SECTION VII~
GOLF COURSE
PURPOSE
The purpose of this Section is to set forth the regulations
for the area designated on Exhibit "C', SAte Plan, as Golf
Collrse o
PE~NITTED USES AND STRUCTURES
No bu/lding or structure, or part thereof, shall be erected,
altered or used, or land or water used, An whole or An part,
for other than the following:
A. Permitted Principal Uses and Structures
1) Golf Course
2) Golf Clubhouse
3) Tennis Courts
4) Tennis C~ubhouses
Transient lodging facilit/es not to exceed 25 units.
6) Water management facilities.
Permitted Accessory Uses and Structures
1) Pro-shop, practice driving range and other customary
accessory uses of golf courses, tennis clubs or other
recreational facilities.
2)
3)
Small co~ercial establishments, including gift shops,
golf & tennis equipment sales, restaurants, cocktail
lounges, and similar uses, intended to exclusively
serve patrons of the golf course or tennis club or
other permitted recreat£onal facilit£es, subject to
the provisions of the Zon/ng Ord/nance of Collier
County.
Shuffleboard courts, swimm/ng pools, and other types
of facil£ties intended for recreat/on.
4) Signs as per~tted in the Zoning Ordinance of Collier
County.
5) Maintenance shops and equipment storage.
6) Non-Commercial Plant Nursery.
8-!
I
8.03
I'
I
I
1
i
I
1
-8.04
8.05
8.06
!
I
I
!
PLAN APPROVAL REQUIREF~NTS
Plans for all princ~pal and all accessory uses shall be sub-
mitted to the Director who will review these plans and approve
their construction. All construction shall be in accordanco
with the approved plans and specifications. The per~metcr
boundary of the overall golf course tract shall .be recorded in
the same manner as a subdivision plat.
A. General Requirements=
1) Overall site design shall be harmonious in terms of
landscaping, enclosure of structures, location of access
streets and parking areas and location and treatment
of buffer areas.
Buildings shall be setback a'adnimum of fifty (50)
feet from abutting residen~al districts .and the set-
back area shall be landscaped and maintained to act
as a buffer zone.
3)
Lighting facilities shall be arranged in a manner
which will protect roadways and neighboring properties
from direct glare or other interference.
4) A site plan shall be provided 'showing pertinent struc-
ture locations and landscaping.
Ft~X~MUM IIEIGHT
Thirty-five (35) feet above the finished grade of the lot
within 150 feet of any district restricted to thirty (30) feet
or less in height, and forty-five (45) feet elsewhere within
the district.
MINI}~JM OFF-STP-WET PAP/CING
As required by the Zoning Ordinance of Collier County.
OFF-STP~ET PARKING LANDSCAPING
Landscaping shall be provided as requ/re4 by the Zoning Ordinance
of Collier County.
8-2
007,=
9.02
i
i
I
I
I
I
SECTION TX
NEIGHBORHOOD COM~-RCIAL
PORPOSE
The purpose of this Section is to set forth the ~egulations for
the area designated on Exhibit #C' as l{eighborhood Commercial.
The Heighborhood Commercial area is intended to meet the local
neighborhood shopping and personal service needs of the sur-
rounding residential area. Retail stores permitted ara inten-
ded to include primarily convenience goods which are usually a
daily necessity for the residential neighborhood.
~SES PERMITTED
No building or structure, or part'thereof, shall be erected,
altered or used, or land or water used, in whole or in part,
for other than the following=
A. PrinciPal Uses:
l) Automobile service stations without repairs in accor-
dance with applicable zoning regulations.
2) Baker shops - including baking only when tncidential
to retail sales from the premises.
3) Banks and financial institutions.
4) Barber and beauty shops.
5) BicYcle sales and service.
6) Bookstores.
7) Delicatessens.
8) Drug stores.
9) Dry clean/ng.
10) Family apparel shops.
11) Florist shops.
12) Food}~rkets.
13) Gift shops.
14) Hardware stores.
9-1
!
[
!
!
[
I
!
!
!
I
i
9.03
9.04
16)
17)
le)
19)
:2o)
:21)
m~)
23)
2.4)
m6)
27)
28)
Ice cream shops.
Laundries, self-service only.
Legitimate theaters - Hotion picture theaters - not
includ/ng drive-ins.
Liquor stores.
Meat markets.
~dical and dental clinics.
}~usic stores.
Post offices.
Professional offices.
R~pair shops - Radio, T.V., small appliances, shoe.
Restaurants - not includ/ng drive-ins.
Residential dwelling units in accordance with Section.
7.04 and requiring Site Plan approval, provided that the
total number of dwelling units within the PELICAN BAY
project area does not exceed 9600 dwelling units.
Any other commercial use or professional service ~ich
is comparable in nature with the foregoing uses and
which the Director determines to be compatible in the
district.
Water management facilities.
Permitted Accessory Uses and Structures.
1) Accessory uses and structures customarily associated
with the uses permitted in this district.
2) Signs as permitted by the Zoning Ordinance.
MINIMUm! LOT AREA
None
MINI}K~M LOT T.~IDTII
None
9-2
9.05
I 9.06
9.07
9.09
9.10
I 9.11
9.12
I9.13
~ 9.14
" '9.15
MINIMUM YARD REQUIREMENTS
From tract boundary lines - thirty five (35) feet (except
that buildings shall be permitted over water in the lake
areas subject to site plan approval).
From residential tract boundary lines - fifty (50) feet.
BUILDING SEPARATION
All buildings shall be separated twenty-five (25) feet or one-
half (1/2) the sum of their.heights whichever is greater except
that in the case of cjustered buildings with a common architectural
theme these distances may be less provided that a site plan is
approved in accordance with Section 2.05.
MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE
1000 square feet per building on the ground floor except that
free standing specialty structures of nationally recogni~ed
utandar~ size less than 1000 square feet shall be permitted
when site plan approval has been received.
MAXIMU~ HEIGHT
Thirty-five (35) feet above the finished grade of the lot.
MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS
As required by the zoning Ordinance of Collier County.
MINIMUM LANDSCAPING REQUIREMENTS
As required by the Zoning Ordinance of Collier County. '
LIMITATIONS. ON SIGNS
As permitted in the Zoning Ordinance of Collier County.
LIGHTING
Lighting facilities shall be arranged in a manner which will
protect roadways and neighboring properties from direct light.
STORAGE
There shall be no outside storage or display of ~erchandise.
UTILITY AREAS
Utility areas, including trash receptacles, shall be completely
screened from the view of customers and adjacent property owners
to a height of 6 feet above ground level.
MAXIMUM NET LEASABLE FLOOR AREA
50,000 square feet.
9-3
SECTION X
COMMUNITY AND AREA C0~ERCIAL
10.02
PURPOSE
The purpose of this Sect[on ks to set forth the plan and regu-
lations for the areas designated on Exhibit ~C', Site Plan, as
Community Commercial and Area Commercial.
~SES PE~TTED
No building or str~cture, or part thereof, shall be erected,
altered or used, or land or water used, in whole or in part,
for other than the followingz
A. .Pri. cipal Uses:
1) Antique shops
2) Appliance stores
3) Art studios
4) Art supply shops
5) Automobile parts stores
6} Autoz~bile service stations without repairs in accor-
dance with applicable zoning regulations.
7) A~ing shops
8) Bakery shops
9} Banks and financial institut~ons
10) Barber and beauty shops
11) Bath supply stores
12) Bicycle sales and services
13) Blueprint shops
14) Bookbinders
15) ~ook stores
16) Business machine service
17) Ca~ wash "'
18) Carpet sales - not including storage or installation
19) Child care center subject to site plan approval
20) Churches and other places of worship subject to site
plan approval
21) Clothing stores
22) Cocktail lounges
23) Commercial recrea~/on uses
24) Commercial schools
25} Confectionery and candy stores
26) Delicatessens
27) Department Stores
28) Drug stores
29) Dry cleaning shops
30) Dry goods stores
31) Electrical supply stores
32) Florist shops
10-1
I
I
I
[
I
[.
I
I'
I
I
1
1
!'
35)
36)
3?)
38)
39)
4O)
41)
42)
43)
45)
46)
4?)
49)
52)
53)
54}
55)
56)
5?)
58)
59)
6O)
6'1)
62)
63)
64)
65)
66)
6?)
61})
69)
?0)
'22)
73)
?4)
33) Fraternal and social clubs, alcoholic beverages subject
to provisions of ~he ~-oning Ordinance.
Funeral Homes
Furniture stores
Furrier shops
Garden supply stores - outside display in rear
General offices
Gift shops
Glass and mirror sales - not including ~nstallation .
Gourmet shop "
Hardware stores
Hat cleaning & blocking
P-ealth food stores
Hobby supply stores
Hospitals
Hotels
Ice cream stores
Interior decorating showrooms and office
Jewe 1fy stores
Laboratories - film, research and testing
Laundries, self-service only
Leather goods
Legitimate theaters
L/quor stores
Locks=tth
Markets, foo~
~arkets, meat
~dical clinics
M/llenery shops
Motels
%lotion picture theaters not including drive-ins
Museums
Music stores
New car dealerships - outside display per~ltte~
News stores
Office supply stores
Paint and wallpaper stores
Pet shops
Pet supply shops
Photographic equipment stores
Pottery stores '
Printing, publishing and mimeograph s. ervice
Pri.vate club, alcoholic beverages subject to the pro-
visions of the Zoning Ordinance.
75) Professional offices
76) Radio and television sales and serv£ce
77) Research and design labs
78) Resident/al ~welling units in accordance with Section
7.04 and requiring Site Plan approval, provided that
the total number of dwelling units wit.bin the PELICAN
BAY project area does not exceea 9600 dwelling units.
10-2
08:
!
!
I
I.
l
79) Rest homes and sanitoriums
80) Restaurants, not includin9 drive-ins
81) Shoe repair
82) Shoe stores
83) Shopping centers
84) Souvenir stores
85) Stationery stores
86) Supermarkets
87) Tailor shops
88) Taxidermists
89) Tile sales - ceramic ~ile
90} Tobacco Shops
91) Toy shops
92) Tropical fish stores
93) Variety stores
94)' Vehicle rental - auto=~biles only
95)
96)
97)
98)
99)
100)
101)
i . lO2)
Veterinarian offices and clinics - no outside kenneling
Watch and precision instrument repair shops
Drapery shops
Upholstery shops
Bait and tackle shops
Fire stations
Any other commercial use or professional service which
is comparable in nature with the foregoing uses and
which the Director determines to be compatible in the
district.
Water management facilities.
B. Permitted Accessory Uses and Structures:
1. Accessory uses and structures customarily associated
with the uses permitted in this district.
i 2. Si.gns as permitted by the Zoning Or~/nance.
10.03 MINIMUM LOT AREA
I None
I
1
I
lo.
10.04
10.05
MINID?JDI ~ D~DTH
N~ne
MINIMUH YARD ~EQUI~S_
Bu/ldings shall be set back a~/nimum of fifty (50) feet plus
one (1). foot for each two (2) feet of building height above
fifty (50) feet from all parcel boundaries except that bu/16ings
shall be permitted over-water in the lake areas, subject to Site
Plan approval in accordance with Section 2.05.
10-3
I
i
I
l
l
l
l
l
l
l
l
10.06
10.07
10.08
10.09
10.10
~0.11
10.12
10.13
BUILDING SEPAPJ%TIO~
All build/ngs shall be separated fifty (50) feet or 1/2 the
sum of their heights whichever is greater except that in the
case of cjustered buildings with a common architectural theme
these distances may be less provided that a site~lan is approved
in accordance with Section 2.04.
~r~NI~ FLOOR AREA OF PRINCIPAL STRUCTURE
1000 square feet per building on the ground floor except that
free standing specialty structures of nationally recognized
s~andard size less than 1000 =quare feet shall be permitted
when site plan approval has been received.
None
MINI~.~M OFF-STREET PAP~ING AND OFF-STREET LOADING REQUIREMENTS
As required by the Zoning Ordinance of Collier County.
}~NI~J~L~DSC~ING REQUI~E~TS
As required by the Zoning Ordinance of Collier County.
LImiTATION ON SI~{S
As permitted by the Zoning Or~inance of Collier County.
MERCHANDISE STORAGE AND DISPLAY
Unless lpec~fically permitted for a given use, outside storage
or display of merchandise is prohibited unless screened from
view to a height of six (6) feet above ground level.
}~XIMUMNETLEASABLE FLOOR AKEA
A. Community Commercial - 110,000 square feet
B. Area Commercial - 500,000 square fe~t
10-4
SECTION XI
CONSERVATION A~EA
11.02
i
I'
1.
1
PURPOSE
· The purpose of this Section is t~ set forth the regulations
for the area designated on Exhibit "C", Site Pla~, as
Conservation Area.
PEP/4ITTED USES AND STRU~S
No buil~/ng or structure, or part thereof, shall be erected,
altered, or used or land or water'used, in whole or in part,
for other than the following:
A~ Principal Uses Requ/ring Site Plan Approval:
1. Nature ~ra/ls includ/ng boardwalks.
2. Boat Trails
' 3.
~oat docks (non-co~rcial boat launch facilt~es only
- no permanent docking)
Paths and' bri~0es to provide access from the uplands
to the beach for pe~estrians and m~nor maintenance
equipment.
5. Beach sun shelters
6. A marine research laboratory
7. Other activ~ties for recrea~/on, conservation, and
preservation when approved by the Director.
!
I'
I
I
4j m
8. Water Management Fac£1it/es
B. Permitted Accessory Uses and Structures=
1. Accessory uses and structures customarily assoc£ated
w~th the uses permitted in th~s dist~ict.
2. Signs as permitte~ in the zoning ordinance.
11.03
,CONSERVATION AREA O~E~SIIIP A~D.. }9/.NTE~ANCE
~. Approximately 36 acres of the Conservation Area lying south
of Clam Pass and west of Outer Clam Bay shall be conveyed to
Collier County for public beach use and maintenance in accor-
dance with Section 2.03.
11-1
i
I
I:
I
I
I
I
!~.
I
I
I'
I
I
I
I
B. The Pelican Bay Improvement District, a non-pro£it property
o~ner's association or other entity will be granted the authority
and reaponsibility for enforcing the applicable convenants,
in accordance with Section 2.03 governing the approximately 129
acres of beachfront and other uplands, 2?? acres of water area,
and 129 acres of wetlands. This entity will be responsible
for planning, control, supervision and maintenance of this area.
11-2
12.02
. u osE
The purpose of this Section is to set forth the r'egulations
for the area designated on Exhibit "C", Site Plan, as Utility
Area.
PEPRITTED USES A~ STRUCTURES
No Building or structure, or part thereo£, shall be erected,
altered, or used, or land or water used, in whole or in part,
for other than the followingt
A. Principal Uses
1. Potable water treatment and distribution facilities.
2. Sanitary waste water collection treatment and disposal
facilities.
1
I
I
I
3. Utility services equipment, storage and maintenance.
4. Utility services offices.
5. Lawn or golf course maintenance shops and equipment
storage.
6. Any other use associated with maintenance or utility
services when approved by the Director.
7. Water management facilities.
I
12.03
I 12.04
' 12.05
I
B. Permitted Accessory Uses and Structures=
1. Accessory uses an~ structures custo~arily aasoctate~
with the uses permitte~ in this district.
2. Signs as permitted in the zoning ordinance.
MINIMUm! YARD REOUIREME~TS
None
MAXIMUDI HEIGIIT
None
MINIMUH FLOOR AREA
None
I
!
SECTION XIIT
DEVELOPMENT COMMITMENTS
ENVIRONMENTAL AND NATURAL RESOURCE~
A. Air 0ualit~
The.applicant for a construction permit for ~e construction
of any facility that qualifies for complex air source
permits under Chapter 17-2, Florida Administrative Code,
shall obtain all necessary complex air source permits
prior to the issuance by Collier County of construction
permits for such a facility.
I
I
1
I
B. Natural Resources
1. Prior to filling the approximately 98 acres of wetlands,
located in the northwest section of Group 4 properties,
the applicant sha11~
a. Convey approximately 36 acres (containing approximately
3/4 of a mile of beachfront) to Collier County, Florida,
for a public beach; and set aside-by filing convenants,
approximately 530 acres (containing approximately 1-1/4
miles'of beachfront) restricting in perpetuity this
property for recreation, conservation and preservation
purposes; and
b. Obtain all necessary permits from county, state and
· federal agencies, including, but not limited to, giving
reasonable assurance that the fill activity, develop-
ment, and drainage sygtem will not result in violation
of the applicable provisions of Chapter 17-3, Florida
Administrative Code. Further, Collier County and the
South Florida Water Management District (SFWMD) shall
be assured that negative water quality impacts to Inner
and Upper Clam Bay will not result from the fill/
destruction and development of the area presently
occupied by 98 acres of mangrove forest; and,
c. Preserve the existing red mangrove fringe around all
significant water bodies~ and,
d.'Stake the precise interface of the red mangrove fringe
prior to commencement of construction activities~ and,
e. Limit the filling activities to approximately 98 acres~
f. Covenant the Conservation area for preservation, con-
servatton and limited recreational uses~ and,
I
I
I
I
I
I
I
I
I.
I
I
!
I
!
!
! '
I
Insure that filling activities shall not take place in
significant stands of red~angroves and shall not elimi-
nate significant existing tidal creeksl and,
h. Insure that no alteration or filling shall be
below the two foot contour in this area before all
approvals for such construction are received.
2. The provisions of Section 2.03, GULF-FRONT LAND, are a
part of this section.
C. Water Resources
1) 'Potable water supply
Prior to the issuance of any construction permits by
Collier County, the Pelican Bay Improvement District
(PBID) shall demonstrate to the Environmental Advisory
Council, Water Management Advisory Board, Coastal Area
Planning Commission and Board of County Commissioners
of Collier County and the South Florida Water Management
District (SFWMD) that the Floridan Aquifer, in this area,
has sufficient capacity to meet the water supply re-
quirements of the proposed proJectts ultimate populatiet~,
and that this water withdrawal and reject water disposal
will not adversely impact areawide water quantity or
quality. Reject water from the reverse osmosis process
shall not enter the upland surface water storage areas.
2) Non-Potable Water Supply
Prior to tks issuance of construction permits
by Collier County, the applicant or Pelican Bay
Improvement District shall satisfactorily demon-
strate to the Environmental Advisory Council, Water '
Management Advisory Board, Coastal Area Planning
Commisgion and Board of County Commissioners of
Collier County and the South Florida Water Manage-
ment District (SFWMD) that the proposed project's
water withdrawal for golf course irrigation will
not subject shallow aquifer resources to salt-water
intrusion and will not adversely impact areawide
water quantity or quality.
During the 'wet season, June I to October 31, irri-
gation shall be permitted by withdrawal of water
from the lakes to a minimum level to be establishe~
by the Water Management Advisory Board.
When the Coastal Ridge Aquifer is no longer over-
stressed, the applicant shall be allowed to apply
for a well permit for year round use of water from
the shallow aquifer. The condition of the shallow
aquifer shall be determined by the Big Cypress Basin
Board, the South Florida Water Management District
and the Water Management Advisory Board.
00'7
I
!
I'
I
I
[
[
!
1
Existing permitted wells within PELICAN BAY shall
be excluded from the provisions of 13.1.C.2.
and (c) al:~ve.
D. Drainage Considerationsz
1) Upland Areas
Prior to the preparation of the final plans, the
Water Management Plan prepared by the Pelican Bay
Improvement District shall be submitted to and
approved by the Water Management Advisory Board.
The Pelican Bay Improvement District shall provide
necessary detailed drainage plans, studies and
spec~£ications to the Environmental Advisory
Council, Water Management Advisory Board, Coastal
Area Planning Commission and Board o£ County
Commissioners of Collier County and the South
Florida Water Management District for approval
prior to the issuance of construction permits by
Collier County.
Until such time as the tidal average 100-year flood
elevations are established by HUD, the m/nimum
building floor elevation shall be 10 feet above
mean sea level.
2) Northwest Fill Area
The Pelican Bay Improvement District shall provide
necessary detailed drainage plans, studies and
specifications to the Environmental Advisory Council,
Water Management Advisory Board, Coastal Area Planning
Commission and Board of County Commissioners of
Collier 'County and the South Florida Water Management
'District for approval prior to the issuance of any
permits by Collier County. Further, the county
and the South Florida Water Management District shall
be assured that negative water quality impacts to
Inner and Upper Clam Bay will not result from the
fill/destruction and development of the area presently
occupied by 98 acres of mangrove forest.
13-3
007
I
I
I
I'
I'
!
I
I
I
i
13.2 PUBLIC FACILITIES
A. Sewage Treatment Facilitx
The Pelican Bay ImprovementDistrict (BPID), created through
a special act of the Florida Legislature in 1974, shall
provide sewage treatment facilities for the proposed project.
The Pelican Bay Improvement District shall provide necessary
detailed plans, studies and specifications to the Environmental
Advisory Council, Water ]tanagement Advisory Board, Coastal
Area Planning Commission and Board of County Commissioners
of Collier County and the Department of Environmental Regu-
lation (DER) for approval prior to the issuance of permits.
B. Water Treatment Facilities
.13.3
Water treatment facilities shall be provided by the Pelican
Bay Improvement District (PBID}. The Pelican Bay Improve-
ment District shall provide necessary detailed plans, studies
and specifications to the Environmental Advisory Council,
Water Manage~r, ent Advisory Board, Coastal Area Plan~ing Com-
,mission and Board of County Commissioners of Collier County
.and the Department of Environ~ental Regulation for approval
prior to the issuance of permits.
TRA/{SPORTATION
A. Internal
The internal roadway syste~ of the proposed project, in-
cluding signals and other intersection improvements shall
be constructed by the applicant as indicated on Exhibits
'J' and ~K'. Phasing and/or bon6/ng for the ultimate im-
provements shall be Gone in accordance with the Sub~ivision
Regulations.
B. External
The applicant aha11 improve Seagate Drive from its current
two-lane ~esign to a four-laned roadway bet~en U.S. 41
and the most westerly constructed intersection of a PEX~C~
· BAY-atreet~with-Seagate ~riv.e. The responsibility of the
applicant for four-laning Seagate Drive shall continue
untLl the release of the last existing internal improvement
bond for the project. The applicant shall also pay his
proportionate share of the costs for the necessary inter-
sect/on improvements and signalizations along Vanderbilt
Beach Road, Seagate Drive and U.S. 41, in accordance with
the Subdivision Regulations.
13-4
007 ,,=t05'
I
i
I:
.I
I
!
!'
]-
i
I
I
I
I
13.4
I
I'
C. Additional Right-of-Way
Seventeen and one-half (17-1/2) feet o£ additional right-
of-way for Seagate Drive and Vanderbilt Beach Road shall
be set aside within Pelican Bay. This right-of-way will
be included in the buffer strip until such time as it is
required for roadway expansion. At that time, the appli-
cant shall dedicate the add/tional right-of-way.
D. Gol~.Cart/Road 'E' Intersection
A grade separation shall be provided to separate the
golf cart traffic from vehicular traffic where they con-
flict at Roadway 'E".
E. Access to Surrounding Roads
Accuss to the surrounding major roads shall be limited to
those access points shown on Exhibit Nj. except as other-
w~se approved by the Coastal Area Planning Comm/ssion.
F. Connections to Sea~ate
Rights-of-way for the extension of West Boulevard and Crayton
Road into Pelican Bay shall be dedicated as part of
platting. However, the construction of such connection
shall not be permitted until authorized by the Board of
County Commissioners.
G. Landscaped Buffer Strip
A landscaped buffer strip, a minimum of 100 feet in depth,
shall be designated along the residential areas adjacent
U.S. 41, Seagate Drive and Vanderbilt Beach Road.
PUBLIC sERVICES
A. Education
Forty-five acres located in the vicinity of the community
commercial parcel near Vanderbilt Beach Road and U.S. 41
will be offered to the Collier County School Board for use
as a 25 acre middle school site and a 20 acre elementary
school site. The 45 acres will be sold to the School Board
at 50% of the January 1, 1977, appraised value plus 6%
per year appreciation for each year after 1977. This
offer will continue until January 1, 1990. After
January 1, 1990, the applicant shal~be permitted to
develop as residential areas all parts of the 45 acres not
purchased by the School Board.
13-5
007
I
I
[
[
I
!
13.5
[
[
i
1
!
B. ,~overnnmnt Facilities
Twenty acres located in the vicinity of the Community Com-
mercial parcel near Vanderbilt Beach Road and U.S. 41 will
be dad/cared to Collier County in increments of five acres
per each 1,000 dwelling units permitted for the first 4,000
dwelling units permitted. The major portion of this area is
intended to serve as a con~nunity park with the minor portion
to be used for such things as fire station, library, sheriff's
substation, branch courthouse offices, auditorium, etc. Non-
adm~nistrativm uses such as open storage equip~nt yards
and other non-compatible government functions shall not be
permitted within this site. The applicant shall be given
the opportunity to review the architectural plans for any
facilties planned for this area prior to their construc-
tion. Should a requirement for use of a part of this 20
acres develop prior to the above described dedication rate,
the applicant will make available at the earlier date a
specific area for an ir~diate specific use.
C. Fire Protection
1) To Assure Adequate Fire Flow;
The applicant shall provide for the strategic placer~nt
of fire hydrants as required by the Collier County
Subdivision Regulations. Autommtic sprinkler system~,
water pumps, storage an~ pressure tanks shall be
vided as required by county and state laws.
2) To Assure Adequate Fire Protection Services:
A site for a fire station is included within the
Governmental Facilities area identified in 13.4.Z
above o
RECREATION AREAS
A. Neighborhood Parks
A total of twenty (20) acres shall be designated in the
residential areas for use as neighborhoc~l parks. The
applicant shall install the following improvements in each
such park= one (1) unlighted combination soft, all/soccer
field with backstop; one (1) 5000 square foot tot lot, two
(2) unlighted tennis courts, twenty (20) paved parking
spaces.
B. Community Parks
Twenty (20) acres as described in Section 13.4.B. above is
available for use as a Community Park. This property ~s
located adjacent to the school sites so that maximum
utilizat~on can be achieved.
13-6
" 007 , 11J7
I
I
I
I
I
I
!
I
!
C. Gulf-front Land
De
Thirty six (36) acres of Gulf-front land plus two (2)
acres for upland parking shall be made available as
described in Section 2.03 for public ownership.
Beach Access
Approximately five (5) acres lccated at the northwest
corner of Pelican Bay adjacent to Vanderbilt Beach Road
and the Gulf of ~exico shall be developed into approxi- '
mately 120 parking spaces an~ then conveyed to Collier County
after obtaining necessary permits.
13-7
!
l
I
l'
I
I.
!
I.
I
I'
I
1
I
1
EXHIBITS
I
[
[
I
I
1.
N.~ttv.. Yf,t'.~cs & Ilt.f',. !: A.
A??O~fiI'd'S At ~.A~PI
September 22, 1976
Mr. Grover £rickson
Coral Ridge-Collier Properties, Inc.
Post Office Box 2722
Xaples, Florida 53940
Dear Mr. Erickson:
You have requested an opinion as to ~hether Coral Ridge-
Collier Properties, Inc., has legal authority, ownership
and control to apply for a zoning change in the form of a
proposed planned unit development classification in Collier
County, Florida, as to that portion of land delineated an~
described in the zoning application.
Coral Ridge-Collier Properties, Inc., does have such legal
authority, o~ership and control.
Coral Ridge-Collier Properties, Inc., duly authorized under
Florida law and earlier known and incorporated as 48-49-25
Land Corporation, is party to that certain "Land Option
Agreement" of May 10, 1972, pursuant to which, as of this
date:
Coral Ridge-Collier Properties, Inc., did in
fact exercise its first option as optionoo
under the agreement and does now o~n those
approximately 500 acres which constitute the
land in option tract number 1 as sot forth
in the provisions of the contract; and
Coral Ridge-Collier Properties, Inc., holds
an irrevocably granted, exclusive option to
those approximately 1,600 acres which consti-
tute land described in the remaining option
tracts which are set forth in the provisions
of tho contract.
· EXHI:BIT "A"
007
I
I
I
[
I
I
.I
I
!
I
!
I
i
I'
Mr. Grover Erickson
Page Two
September 22, 1976
Coral Ridge-Collier Properties, Inc., pursuant to paragraph
18 of the said Land Option Agreement, ha~ and enjoys the
pledged support of the optionors in procuring necessary
zoning for the contemplated development of the lands covered
by the agreement.
Under Florida law, an exclusive opttonee with the pledged
support of the optionor, may proceed within the legal para-
meters of the option agreement to apply for zoning changes
affecting the optioned land. Since the optionors and Coral
Ridge-Collier Properties, Inc., have already cooperated
significantly in terms of both time and money, the optionors
would be subject to the doctrine of equitable estoppel were
the)' to challenge the zoning application on the basis of
authority, control and ownership in the optionee.
Moreo?er, the State of Florida, by deeds, deed confirmations
and disclaimers, all documents duly executed and recorded,
has divested itself of any interest in or to those bottom
lands, such as swamp and overflowed lands, which are sttua:e
in the property described in the planned unit development
application. The State woul. d be estopped from maintaining
any claim thereto or any other action based upon such a claim,
whether in regard to the zoning application or any other
transaction or application.
Therefore, Coral Ridge-Collier Properties, Inc., does have and
hold such o~Cnership and control over the property as to consti-
tute legal authority to apply for the needed zoning changes
for the proposed planned unit development in Collier County.
If you have any questions, please contact me.
with best wishes and warm regards, I remain
In the meanzime,
KvA: j s
Ve~ly yours,
van Assenderp
the Firm .
EXHIBIT "A"
OM.F
OF
MEXICO
VICINITY MAP
EXHIBIT
PELICAN BAY
SITE PLAN
PELICAN BAY'
BOUNDARY_
007 ~,~11~ ""'~'~'*'
'%
,llil..Jll
007 'J~5 TOPOGRAPHY
007
SOILS
EXHIBIT
~o~1~7
007 '
VEGETATION
EXHIBIT
pELICAN BAY IMPROV£MENT DISTRICT ACT ~ CHAPTER 74-4~,
EXHIBIT I,~,
EXHIBIT
F-4 '£~HIBIT "H" "
F-5 .
J F-6 EXHIBIT "H" '
i
F-7
!
EXHIBIT "H'
F-11 EXHIBIT "14"
F-12 F..XH.'I B I T "H"
F-14
[XltlBIT
007 ~181' '1
F-15 EXHIBIT
"I.
" F-].6 EXHIBIT "H"
EXHIBIT "H~.*
F-17
007 ~I~A
!
I
LIEO~
INTERNAL ROADWAY
REQUIREMENTS
A
C
E
TRAFFIC
LOCATIONS
007
SIGNAL
EXHIBIT K
SECTION TWO:
This Ordinance shall become effective upon receipt of
notice from the Secretary of State.
DATE: April 19, 1977 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
This ordinance filed with the Secretary of State's office the
22nd of April, 1977 and acknowledgment of that the filing received
this 26th day of April, 1977.
By: DeR~y Clerk