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Ordinance 75-48 ORDINANCE NO. 75-4,8 TENNIS CLUB PLANNED UNIT DEVELOPMENT (PUD) LOCATED'I~I TIIE SE.% OF TIIE NE~ OF TIIE N% OF TIIE SE~ SECTION 14~[ TO'SHIP 49 SOUTH, ~NGE 25 EAST; LOCATED WEST OF S~ ROAD; MODIFYING ORDINANCE NO. 74-47 BY INCREASING T~P LAND AREA IN THE CO~ONS AREA AND DECREASING THE D~ OF THE TOTAL PLANNED ~IT DE~LOPMENT (PUD) BY 134 DW~~ ~EREAS, the Coastal Area Planning Co~ission of Collier County, Florida has after due Notice and Public Hearings held reco~ends modification of Ordinance No. 74-47 by increasing the land of the commons area and decreasing the density ~by 134 dwelling units from the total project. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: 1. The Naples Bath & Tennis Club Planned Unit Development located as described in the title of this Ordinance hereinbelow be modified as hereinbelow described and Ordinances No. 74-47 is hereby amended accordingly: PURPOSe: The purpose of this modification of the Planned. Unit Development of Naples Bath and Tennis Club is to permit the removal of Parcels "A" and "B" and their associated d~{alling units from Tract A, Multi-family Residential Development. The land areas of Parcels A and B will be distributed into Tract C, Single Family Residential, Tract' D, Commons Area "I", and Tract E, Commons Area "P". ..Twenty-eight (28) of the presently permitted one ~undred sixty-two (162) multi-fam±ly dwelling units L~ill become single family units. The net result will ~e the increase of land area in the commons areas and a ~ecrease of 134 dwelling units from the total project. ~HANGES: =~e following changes shall be made to the Development ~lan for Naples Bath & Tennis Club and this modification document shall become a part of the said Development Plan and be included in the said Development Plan immediately following the cover page. 1. The cover page shall be annotated Just below the date, "Regised August,1975". 2. Paragraph 2.3.A,Page 11-1, shall be read, A. The project plot plan including street layout and land-use Tracts is iljustrated in Exhibit Plut Plan of Development. The project shall consist of five land-use Tracts of general area and configuration as shown in Exhibit "E"= 1. Tract A~ Multi-family Residential (+)36.2 Acres; 2. Tract B: Recreational Club (+-~'20.3 Acres; 3. Tract C~ Single-Family Residential (~)32.9 Acres; 4. Tract D: Commons Area "I"(Interior) (~)38.9 Acres; 5. Tract E: Commons Area "P" (Perimeter) TOTAL AREA 3. Paragraph 2.4, Page ll-2,1ine I shall read: '(+) 25.4 Acres: 153.7 Acres "No more than a maximum of 506 permanent residential units,single 4. Paragraph 2.5.A., Page 11-2, remove #Multi-Family Areas" from Project Phase No. 2. 5. Paragraph 3.2,page 111-1, line 1 shall read: "No more than a maximum number of 418 residential units shall be ..." 6. Paragraph 5.2, page V-l, shall read:~ "A maximum of 98 residential unit's may be constructed in Tract C". 7. Replace Exhibit E, Plot Plan for Development, as preapred by Wilson, Miller, Barton & Sell., Inc., Drawing File No. 5G-30, dated March, 1973, with the same drawing showing Revision No. 2, dated August, 1975. 8. Replace Exhibit F, Conceptual Plan of Development, as prepared by Wilson, Miller, Barton & So11, Inc.,Drawing File No. 5G-31, dated March, 1973, with the same drawing showing Revision No. 1, dated August, 1975. SECTION TWO: 1. Penalty.: A violation of any provision of this Ordinance is a misdemeanor and shall be prosecuted in the name of the State in the County Court by the Prosecuting Attorney, and upon convictio~ shall be punished by a fine not to exceed sixty (60) days, or by both such fine and imprisonment. Each violation and each day a violation continues shall constitute a separate offense. The Board of County Commissioners shall have the power to collaterally enforce the provisions of this Ordinance by appropriate Judicial Writ 6r proceeding notwithstand~ any prosecution as a misdemeanor. 2. Conflict: In the event this Ordinance confl{'cts with any other ordinance in Collier County or other applicable law, the more restrictive shall apply. This Ordinance shall not apply in any municipality within Collier County unless the municipality adopts a resolution or takes other official action requesting that the County enforce this Ordinance within the limits of its municipal jurisdiction. 3. Severance: If any phrase pr portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdictie. such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 4. Liberal Constructionl 'The provision, of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of tho public health, safety, welfare and convenience. 5. Effective Datel This Ordinance ~hall take effect upon receipt of notice that it has been filed with the Secretary of Etate. ' 3t Dated: October 21, 1975 ATTEST :', , MARGARet; TI ~ SCOTT C~' pf,'tHe~Circuit Court %,' '..,. ,'.,,.'% ... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . TSte~n G. MitChel~l Chairman Approved as to form and. legality: Collier County Attorney -3-