Ordinance 2000-078ORDINANCE NO.2000- 7 8
AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBERED 9523N
AND BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM "PUD" TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS
BAILEY LANE PUD, FOR PROPERTY LOCATED AT
THE END OF BAILEY LANE, IN SECTION 23,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 24.76 +
ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 95-37, THE FORMER
BAILEY LANE PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Steve Loveless of Palm Foundation, 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, that:
SECTION ONE:
The Zoning Classification of the herein described real property located in Section 23, Township
49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as xh~b~t,... A, ~hich is
incorporated herein and by reference made part hereoff The Official Zoning Atlasl Map fiu~rnb~
9523N as described in Ordinance Number 91-102, the Collier County Land Development'Code, is
hereby amended accordingly. ~ , ~ ~
SECTION TWO: ~'~ '-'~~ '~
Ordinance Number 95-37, known as the Bailey Lane PUD, adopted on May 23, 1995 by the
Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
-21.-
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this o2~/3 day of A/'ot/<ov~ ~-r-- ~, 2000.
ATTEST:
DWIGHT E. BROCK, Clerk
Assistant County Attorney
g/admin/PUD-95-02(1 )/CB/cw
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLO?~_A
BY:
JAMES D. CARTER,Ph.D., CHAIRMAN
This ordinance fil'~d with the
Secretary of Sto~e's Office the
~i~ day of ~, .,Z.~I~
and acknow',edgement of that
filing.r$,,ceived this /_~day
2
BAILEY LANE PUD
PLANNED UNIT DEVELOPMENT DOCUMENT
Prepared for:
Palm Foundation, Inc.
1719 Trade Cemer Way
Naples, FL 34109
Prepared by:
Hole, Montes & Associates, Inc.
715 Tenth Street South
Suite 2
Naples, FL 33940
June, 2000
Date Filed:
Date Review by CCPC:
Date Approved by BCC: A~'.rr~b.r'
Ordinance No:
EXHIBIT "A"
TABLE OF CONTENTS
Page
SECTION I - Statement of Compliance .......................................1 - 1
SECTION II - Property Ownership, Legal Description and Short Title ...............2 - 1
SECTION III- Statement of Intent and Project Description .......................3 - 1
SECTION IV - General Development Regulations ..............................4 - 1
SECTION V - Permitted Uses & Dimensional Standards
for Residential Development ...............................................5 - 1
SECTION VI - Transportation Requirements ..................................6 - 1
SECTION VII - Utility and Engineering Requirements ...........................7 - 1
SECTION VIII - Water Management Requirements .............................8 o 1
SECTION IX - Environmental Requirements ...................................9 - 1
EXHIBITS
A. PUD Master Plan
SECTION I
STATEMENT OF COMPLIANCE
The development of 24.76+ acres of property in Section 23, Township 49 South, Range 25
East, as a Planned Unit Development to be known as the BAILEY LANE PUD will be in
compliance with the planning goals and objectives of the Collier County Growth Management
Plan for the following reasons:
1.1
The Project is located in the Traffic Congestion Area, therefore, it is permitted a
maximum density of up to three (3) dwelling units per acre, as identified on the Future
Land Use Map and referenced in Objective 1 of the Future Land Use Element (FLUE)
of the Collier County Growth Management Plan.
1.2
Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the Future Land Use Element.
1.3
The Project will be served by a full range of services provided by the County and sewer
and water services provided by the City of Naples that will result in an efficient and
economical expansion of facilities as required in Policies 3.1H and 3.1L of the Future
Land Use Element.
1.4
The Project is compatible with and complementary to adjacent existing and future land
uses, as required by Policy 5.4 of the Future Land Use Element.
1.5
All final local Development Orders for this project are subject to the Collier County
Concurrency Management System as implemented by the Adequate Public Facilities
Ordinance.
1-1
2.1
2.2.
2.3
SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE
PROPERTY OWNERSHIP
The subject property is under contract for purchase by the Palm Foundation, Inc. at the
time of the application for zoning.
LEGAL DESCRIPTION
A parcel of land located in the Northeast quarter of Section 23, Township 49 South,
Range 25 East, Collier County, Florida, being more particularly described as follows:
The West half of the West half of the Southwest quarter of the Northeast quarter in
Section 23, Township 49 South, Range 25 East, Collier County, Florida. (Parcel 21.)
and
the East half of the Northwest quarter of the Southwest quarter of the Northeast quarter
of Section 23, Township 49 South, Range 25 East, Collier County, Florida, subject to
public road right-of-way over and across the South 30 feet thereof. (Parcel 20.)
and
the East half of the Southwest quarter of the Southwest quarter of the Northeast quarter a
and the West half of the Southeast quarter of the Southwest quarter of the Northeast
quarter of Section 23, Township 49 South, Range 25 East, Collier County, Florida, less
and excepting the North 30 feet of the aforementioned parcels of land. (Parcel 15.)
Notes: Subject to easements, reservations or restrictions of record.
SHORT TITLE
This ordinance shall be known and cited as the "BAILEY LANE PLANNED UNIT
DEVELOPMENT ORDINANCE".
2-1
SECTION III
STATEMENT OF INTENT AND PROJECT DESCRIPTION
3.1 INTRODUCTION
The Developer's intent is to establish a Planned Unit Development meeting the applicable
standards of the Collier County Land Development Code. The further purpose of the
document is to set forth guidelines for future development of the Project that meet
accepted planning principles and practices, and to implement the Collier County Growth
Management Plan.
3.2 PROJECT DESCRIPTION
The Project comprises 24.76-J: acres and is located on the West side of Airport Road with
access provided from Bailey Lane in Section 23, Township 49 South, Range 25 East. The
project will consist of 75 single family units, comprising a mix of both villa and more
traditional, single family dwelling units, to be determined at the time of subdivision
platting. The Project's intended purpose is to develop a low density, self-contained,
residential community, with private roads and a security gate, to provide for the security
needs of future residents. Recreational facilities are also planned to be included in the
project to lessen the dependence on County recreational facilities.
3.3 LAND USE PLAN
mo
The PUD Master Plan contains a total of 12.66 acres ofresidemial development,
3.22 acres of lakes, 3.35 of road rights-of-way, 4.79 acres of buffer and preserve
areas, and .74 acres of recreational and clubhouse area.
3.4 PROJECT PHASING
The anticipated time for build-ore of the entire Project is three (3) years or by 2004.
3-1
4.1
4.2
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
developmere, relationships to applicable County ordinances, the respective land uses of
the tracts included in the Project, as well as other Project relationships.
GENERAL
Ao
Regulations for developmere of the Bailey Lane PUD shall be in accordance with
the comems of this Document, PUD-Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development Code and
the Growth Management Plan in effect at the time of issuance of any development
order to which said regulations relate which authorizes the construction of
improvements, such as but not limited to Final Subdivision Plat, Final Site
Development Plan (SDP), Excavation Permit and Preliminary Work Authorization.
Where these regulations fail to provide developmental standards, then the
provisions of the most similar district in the County Land Developmere Code shall
apply.
go
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the time
of building permit application.
Ce
All conditions imposed and all graphic material presented depicting restrictions for
the development of the Bailey Lane PUD shall become part of the regulations
which govern the manner in which the PUD site may be developed.
Do
Unless modified, waived or excepted by this PUD, the provisions of other portions
of Land Development Code, where applicable, remain in full force and effect with
respect to the development of the land which comprises this PUD.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions ofDiv.3.15 of the Collier County Land
Developmere Code at the earliest or next to occur of either final SDP approval,
final plat approval, or building permit issuance applicable to this development.
4-1
4.3
4.4
4.5
4.6
SITE CLEARING AND DRAINAGE
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the Collier County Land Development Code.
EASEMENTS FOR UTILITIES
Easements, where required, shall be provided for water management areas, utilities and
other purposes as may be required by Collier County and other permitting agencies. All
necessary easements, dedications or other instruments shall be granted to ensure continued
operation and maintenance of all services and utilities.
AMENDMENTS TO THE MASTER PLAN
The Master Plan is designed to be flexible with regard to the placemere of buildings, water
management facilities, and the boundaries of tracts as long as the final design complies
with all the applicable portions of the PUD ordinance. The Development Services
Director shall be authorized to approve minor changes and refinements to the Bailey Lane
Master Plan upon written request of the Developer based on the following. These are in
addition to the standards provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier
County Land Development Code:
The minor changes are limited to reconfiguration of preserve areas, jurisdictional
wetland limits, and mitigation features as a result of regulatory agency review.
To reconfigure lakes, ponds, or other water management facilities where such
changes are consistent with the criteria of the South Florida Water Management
District and Collier County and there is no further encroachment into preserve
areas.
Internal realignment of rights-of-way other than relocation of access points to
external streets.
Reconfignration of residential parcels where there is no encroachment into
preserve or buffer areas.
PROJECT PLAN APPROVAL REQUIREMENTS
Exhibit No. 1 of PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to, or concurrent with, PUD approval, a Preliminary Subdivision Plat shall be
submitted for the eraire area covered by the PUD Master Plan. All division of property
and the development of the land shall be in compliance with the subdivision regulations set
forth in Sec. 3.2, Land Development Code.
4-2
Prior to recording of the Final Subdivision Plat, when required by the Subdivision
Regulations set forth in Sec. 3.2, Land Development Code, final plans of the required
improvements shall receive the approval of all appropriate Collier County governmental
agencies to ensure compliance with the PUD Master Plan, the County Subdivision
Regulations and the platting laws of the State of Florida.
The provisions of Sec. 3.3, Land Development Code, regard'rag site development plans
shall apply to the development of all platted tracts, or parcels of land, when applicable, as
provided in said Sec. 3.3, Land Development Code, prior to the issuance of a building
permit or other development order.
4.7 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water management
facilities or to otherwise develop water bodies is hereby permitted. If, at~er consideration
of fill activities on those buildable portions of the project site are such that there is a
surplus of earthen material, then its off-site disposal is also hereby permitted subject to the
following conditions:
Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to Sec. 3.5.5.1.3, Land Development Code, whereby off-site
removal shall not exceed ten (10) percent of the total volume excavated up to a
maximum of 20,000 cubic yards.
A timetable to facilitate said removal shall be submitted to the Development
Services Director for approval. Said timetable shall include the length of time it
will take to complete said removal, hours of operation and haul routes. In any
event, no timetable shall be approved for off-site removal in excess of ninety days
fi?om date of approval.
C. All provisions of See. 3.5, Land Development Code are applicable.
4.8 SUNSET AND MONITORING PROVISIONS
The Bailey Lane PUD shall be subject to Sec. 2.7.3.4, Land Development Code, time
limits for approved PUD Master Plans and Sec. 2.7.3.6 Monitoring Requirements.
4-3
4.9 POLLING PLACES
Any community recreation/public building/public room or similar common facility located
with'm the Bailey Lane PUD may be used for a polling place, if determined necessary by
the Supervisor of Elections, in accordance with Sec. 2.6.30, Land Development Code.
4.10 DENSITY
A maximum ofup to 75 single family or villa/zero lot line homes are permitted in the
planned development.
The Density Rating System of the Collier County Growth Management Plan permits up to
three (3) dwelling units per acre for the project or a maximum of seventy-five (75)
dwelling units, which is the proposed number of dwelling units for the project. (See also
Statement of Compliance, Section 1-9).
4.11 MODEL HOMES/SALES CENTER - OTHER STRUCTURES FOR PROMOTION
Model homes, sales centers and other uses and structures related to the promotion and
sale of real estate, such as, but not limited to, pavilions, viewing platforms, gazebos,
parking areas, tents, and signs, shall be permitted principal uses throughout the Bailey
Lane PUD subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and
Article 3, Division 3.2, Section 3.2.6.3.6 of the Collier County Land Development Code.
The limitations of Section 2.6.33.4, regarding the number of model homes allowed prior
to plat recordation shall be applicable to each subdivision tract rather than each
subdivision phase.
4.12 LANDSCAPING REQUIREMENTS
All landscaping requirements, buffers, walls and berms. shall be developed in conformance
with requirements of Division 2.4 of the Collier County Land Development Code
pertaining to landscaping and buffering.
4.13 SIGNS
All signage of the Bailey Lane PUD shall be the same as permitted by Section 2.5 of the
Collier County Land Development Code.
4.14 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the
Collier County Growth Management Plan, twenty-five (25) percent of the viably
functioning native habitat shall be retained in buffer areas, around the perimeter of lakes
and to the rear of residential areas as depicted on the PUD Master Plan.
4-4
4.15 COMMON AREA MAINTENANCE
Common area maintenance, including the maintenance of common facilities, open spaces,
conservation areas, and the water management facilities shall be the responsibility of the
homeowners' association.
4.16 USE OF RIGHT-OF-WAY
The Developer at the time of final subdivision platting has the option of either designating
the road rights-of-way for either private or public use.
4.17PROVISION OF RECREATIONAL AMENITIES
The Developer shall provide a swimming pool with minimum dimensions of 30' x 40' and a
clubhouse of at least three thousand (3,000) square feet of area. These improvements will
be provided within twelve (12) months of the permitted completion of subdivision related
improvements.
4.18 GENERAL PERMITTED USES
The following uses shall be considered general permitted uses in the Ba'fiey Lane PUD.
A. General Permitted Uses:
Essential services as set forth under Collier County Land Development
Code, Section 2.6.9.1.
2. Water management facilities and related structures.
3. Guardhouses, gatehouses, and access control structures.
Recreational facilities, including a clubhouse, to meet the needs of on-site
residents.
Temporary construction, sales, and administrative offices for the Developer and
Developer's authorized contractors and consultants, including necessary access
ways, parking areas and related uses, subject to Section 2.6.33 of the Land
Development Code.
Landscape features including but not limited to landscape buffers, berms,
fences, and walls.
4-5
7. Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
Development Standards - General Permitted Uses:
Unless otherwise set forth in this Document, the following development standards
shall apply to uses enumerated above:
1. Setback from back of curb or edge of pavement of any road - fifteen feet
(15') except for guard houses, gatehouses, and access comrol structures
which shall have no required setback.
2. Setback from property lines -- one half(1/2) the height of the structure.
3. Minimum distance between accessory structures - five (5) feet.
4. M'mimum distance between principal structures - ten (10) feet.
5. Maximum height of structures - twenty-five (25) feet.
6. Minimum floor area - None required.
7. Minimum lot or parcel area - None required.
8. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein, are to be in accordance with Collier
County Land Development Code in effect at the time of Site Development
Plan Approval.
4-6
5.1
5.2
5.3
5.4
SECTION V
PERMITTED USES AND DIMENSIONAL STANDARDS
FOR RESIDENTIAL LAND USE
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Bailey Lane PUD designated on Exhibit "A", PUD Master Plan for
residential uses that includes Tracts A, C, D and F.
MAXIMUM DWELLING UNITS
A maximum of seventy-five (75) single family or villa lots may be constructed within the
project.
GENERAL DESCRIPTION
The approximate acreage of residential tracts are depicted on the PUD Master Plan. This
acreage is based on conceptual designs and is approximate. Actual acreages of all
development tracts will be provided at the time of Site Development Plan or Preliminary
Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2
respectively, of the Collier County Land Development Code. Residential tracts are
designed to accommodate internal roadways, open spaces, amenity areas, water
management facilities, and other similar uses found in residential areas.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
1. Principal Uses:
(a)
(b)
Single-Family Detached Dwellings
Villa or Zero-Lot Line Dwellings
2. Accessory Uses and Structures:
(a)
Accessory uses and structures customarily associated with principal uses
permitted in this district, including recreational facilities.
5-1
5.5
DEVELOPMENT STANDARDS
1. Table 1 sets forth the development standards for residential tracts.
BAILEY LANE PUD
DEVELOPMENT STANDARDS FOR
RESIDENTIAL AREAS
M~m Lot Mea 7,500 SF 5,000 SF
M~m Lot Width {l~ 60' 40'
Front Y~d Setb~k 20' 20'
Side Y~d Setback (:) 7.5'
Re~ Y~d Setback 10' 10'
Re~ Y~d Setback 5' 5'
M~m Bufld~g Height 35' 35'
D~t~ce Between 10' 10'
P~cipal Stmct~es
Floor Mea ~. (SF) 1,200 SF 1,200 o) SF
O)
Minimum lot width may be reduced by 20 percent for cul-de-sac lots
provided the minimum lot area requirement is still maintained.
(2)
Zero (0) feet or a minimum of five (5) feet on either side, except that where
the zero (0) foot yard option is utilized, the opposite side of the structure
shall have a ten (10) foot yard.
(3)
Two-story villa or zero lot line homes are required to have a minimum of
1,500 square feet (S.F.)
5-2
o
Villa or zero-lot line dwellings are distinguished from single-family detached dwellings
with conventional side yard requirements to differentiate these types of single family uses
for the purpose of applying the Development Standards under Table 1. (Villa or Zero-Lot
Line dwellings shall be defined as any type of detached single-family structure employing a
zero or reduced side yard as set forth herein, and which conform to the requiremeres of
Collier County Land Development Code, Article 2, Division 2.6, Subsection 2.6.27.)
The number and location of single-family and villa or zero-lot line dwellings will be
determined at the time of subdivision platting.
o
Single-family and villa or zero-lot line dwellings may be separated by recreational facilities,
common areas, landscape buffers, rights-of-way or by a common lot line. Regardless of
how this separation is achieved, single-family lots will be generally separated from villa or
zero-lot line dwellings.
5-3
SECTION VI
TRANSPORTATION REQUIREMENTS
The purpose of this Section is to set forth the transportation commitments of the Project
Developer.
6.1
The Developer shall provide a sidewalk internal to the project for the exclusive use of
Project residents prior to or at the time that the final subdivision improvements are
accepted by the County.
6.2
Transportation Impact Fee Credits, if any, shall be allowed in accordance with the
provisions of Ordinance 92-22, as amended. Internal access improvements and external
access improvemeres (turn lanes, street lighting, etc.) shall not be eligible for any such
credits.
6.3
Prior to the placement of a guardhouse or security gate at the project entrance, portions of
Bailey Lane comprising +.46 acres, that fall within the boundary of the Project, shall be
requested to be vacated by the Collier County Board of Commissioners pursuant to a
public petition. All roadways within the boundary of the Project shall be private roadways
with access permitted only for residents and their guests.
6.4
The Developer, his heirs, successors or assigns, shall be responsible for a fair share
contribution toward a traffic signal system at the intersection of Airport Road and Bailey
Lane should such a signal system become warranted in the future. It shall be the sole
determination of Collier County as to whether the signal system warrant requirements are,
or shall be, met. Any such signal system shall be owned, operated or maintained by
Collier County.
6.5
The Developer, his heirs, successors or assigns, shall be responsible for a fair share
comribution toward a sidewalk form the eastern property boundary easterly to the
intersection of Airport Road and Bailey Lane.
6-1
SECTION VII
UTILITY AND ENGINEERING REQUIREMENTS
The purpose of this Section is to set forth the utilities and engineering commitment of the Project
Developer.
7.1 UTILITIES
Sewer and water service is provided by the City of Naples. Therefore, all pertinent
requirements of the City of Naples, pertaining to the extension and construction of
utilities, shall be met.
7.2 ENGINEERING
ho
Detailed paving, grading, site drainage and utility plans shall be submitted to the
Development Services Director for review. No construction permits shall be
issued unless and until approval of the proposed construction in accordance with
the submitted plans is granted by he Development Services Director.
Bo
Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County Land Development Code.
Co
The project shall be platted in accordance with Sec. 3.2, Land Development Code,
to define the rights-of-way and tracts as shown on the PUD Master Plan.
The Developer, and its successors in interest shall be required to satisfy the
requirements of all County ordinances or codes in effect prior to or concurrent
with any subsequent development order relating to this site, including but not
limited to Preliminary Subdivision Plat, Site Development Plan and any other
application that will result in the issuance of a final local development order.
7-1
SECTION VIII
WATER MANAGEMENT REQUIREMENTS
The purpose of this Section is to set forth the water management commitments of the Project
Developer.
8.1 Landscaping shall not be placed within the water management areas unless specifically
approved by Development Services Director.
8.2 A copy of the South Florida Water Management District Permit or Early Work Permit
(with Staff Report) shall be provided prior to the issuance of any final developments orders.
8.3 An excavation permit shall be required for the proposed lake in accordance with Div.3.5 of
the Land Development Code and South Florida Water Management District Rules.
8-1
SECTION IX
ENVIRONMENTAL REQUIREMENTS
9.1
The Bailey Lane PUD Master Plan shows 4.75 acres of native habitat to be retained in
buffer areas, around the perimeter of the lakes and to the rear of single-family residential
lots to assist in meeting Policy 6.4.6 of the Conservation and Coastal Management Element
of the Collier County Growth Management Plan. Conservation areas (native habitat areas)
shall be identified by survey and preserved on the plat documents by easement or tract
reserved for same. Setbacks from these tracts shall be in accordance with Section
3.2.8.4.7.3 of the Collier County Land Development Code.
9-1
i
/'
;
%,
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the fore9oin9 is a true copy of:
ORDINANCE NO. 2000-78
Which was adopted by the Board of County CommissiQ~er~Dn
the 28th day of November, 2000, durin9 Regular Session
WITNESS my hand and the official seal of the Board!of
County Commissioners of Collier County, Florida, this 2~h
of November, 2000.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board
County Commisszoners
Deputy Clerk