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Ordinance 2007-04 ORDINANCE NO. 07-~ ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRffiED REAL PROPERTY FROM CLUB ESTATES PLANNED UNIT DEVELOPMENT (PUD) TO HOMES OF ISLANDIA RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) BY REMOVING 99.3 ACRES FROM THE CLUB ESTATES PUD, REDUCING THE NUMBER OF ALLOWABLE DWELLING UNITS FROM 49 TO 28, REMOVING A RECREATION TRACT AND THE REQUIREMENT FOR A COMMON TRASH COLLECTION AREA. THE SUBJECT PROPERTY IS 155.3:t ACRES LOCATED WEST OF COLLIER BOULEVARD (C.R. 951), APPROXIMATELY 1 MILE NORTH OF RATTLESNAKE- HAMMOCK ROAD (C.R. 864) IN SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-31, THE FORMER CLUB ESTATES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael Fernandez, AICP, of Planning Development Inc., representing The Club Estates II, 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 10, Township 50 South, Range 26 East, Collier County, Florida, is changed from the Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD), in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 99-31, known as the Club Estates PUD, adopted on May 11, 1999 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.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. Page 1 of 2 PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this..d!1 day of -sA.uI/.J\ R'f ,2007. ATTEST: DWIGHT E. BROCK, CLERK ,J' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~I/# JAMES COLETTA, CHAIRMAN BY: .... ';.' . ~ aw.~ ~', .' 1 ' .Iv... l.l~O'( !\tw't: . ,~:to'()J". ~eputy Clerk ~jqA~~..I't -#'. ~ . Approved as to form and .' , legal s':lfficiency ~o11. ~-1lbAt7~_'_ Marjo' M. Studen -Stirling ,- - - --0 Assistant County Attorney PUDA-2006-AR-9576/MZ This ordinance filed with the ~~!,tory of Gtatels Office the S!!'day of a>lU4A1 '2lOO1 end ock.nowledgeMet;1~, pi that fUl~ thIs leI::!:.! day of t"J1)(f'l . By- a U1..j ~ 1 ....:- o.,p <::1 . Page 2 of 2 ORIGINAL DOCUMENT DATE 03/01/06 REVISION DATE 01/12/07 DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BYBCC ORDINANCE NUMBER AMENDMENTS AND REPEAL HOMES OF ISLANDIA A RESIDENTIAL PLANNED UNIT DEVELOPMENT PREPARED FOR: THE CLUB ESTATES II, LLC 2033 TRADE CENTER WAY NAPLES, FLORIDA 34109 PREPARED BY: Michael R. Fernandez, AICP of Planning Development Incorporated 5133 Castello Drive, Suite 2 Naples, Florida 34103 Exhibit "A" 1-23-2007 2007-04 1999-31 TABLE OF CONTENTS LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE SECTION SECTION II SECTION III SECTION IV SECTION V PROPERTY OWNERSHIP AND DESCRIPTION LOW DENSITY RESIDENTIAL AREA PLAN COMMONS AREA PLAN CONSERVATION/PRESERVE AREA PLAN DEVELOPMENT COMMITMENTS AND DEVIATIONS PAGE ii LIST OF EXHIBITS AND TABLES EXHIBIT A PUD Master Plan STATEMENT OF COMPLIANCE The development of approximately 155.3 acres of property in Collier County, as a Residential Planned Unit Development to be known as HOMES OF ISLANDIA will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and accessory facilities of HOMES OF ISLANDIA RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Proiect 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map of the Future Land Use Element. 2. The project development is compatible and complementary to existing and future surrounding land uses as required by Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with the Land Development Code as set forth by the Future Land Use Element. 4. The project development will result in an efficient and economical extension of community facilities and services as required by the Future Land Use Element. 5. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 6. The Residential Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as project amenities. 7. The projected gross density of 0.18 d .u. per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the following relationships to required criteria: Base Density Traffic Congestion Area No Bonus requested + Eligible Density Proposed Density 4.0 DU/A 0.0 DU/A 0.0 DU/A 4.0 DU/A 0.18 DU/A (28 DUs / 155.3 acres) ii SECTION I Legal Description 1.1 LEGAL DESCRIPTION The subject property being 155.3 acres, is described as: The South one half of the South one half of Section 10, Township 50 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the East 125.00 feet for County right-of-way and/or Utility Easements, as appear in those certain deeds and instruments recorded at O.R. Book 1952, Page 2219. 1.2 PROJECT DESCRIPTION The completed project will be a private gated community consisting of a maximum of 28 residential lots and two interconnected lakes located within a common preserve. The lots and lakes are located interior to a perimeter access road. Each lot will have a permanent concrete block or stone retaining wall surrounding the lot and driveway. 1.3 SHORT TITLE This Ordinance shall be known and cited as the "HOMES OF ISLANDIA RPUD." 1-1 SECTION II LOW DENSITY RESIDENTIAL AREA PLAN 2.1. PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract ilL", Low Density Residential. 2.2 MAXIMUM DWELLING UNITS Tract ilL" - 28 units 2.3 USES PERMITTED 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: A. Principal Uses: 1. Single family dwelling unit 2. On-site sewage treatment plant/facilities (see Section 3.5) B. Accessory Uses: 1. Customary accessory uses and structure, including private garages. 2. Common recreation amenities. 3. Detached guest houses. 4. Retained native vegetation. 2.4 DEVELOPMENT STANDARDS A. GENERAL: All yards and setbacks shall be in relation to the individual lot boundaries, except as otherwise provided. B. MINIMUM LOT AREA: 20,000 square feet. 11-1 C. MINIMUM LOT WIDTH: The minimum lot width measurement shall start approximately 50 feet back from the right-of-way and shall not include the narrow driveway portion of the lot. 1. Corner Lots - 100 feet 2. Interior Lots - 100 feet D. MINIMUM LOT FRONTAGE: 1. 30 feet, measured at the right-of-way line. E. MINIMUM YARDS: It is anticipated that the residential lots will be uniquely shaped and that no lots will share a common lot line. Each lot will be separated by a Common Area buffer averaging 80 feet in width. Therefore, the minimum side and rear yard of zero (0') feet is justified. 1. Front Yard: 50 feet from right-of-way. 2. Side Yard: 0 feet 3. Rear Yard: 0 feet 4. Front yard setbacks shall be measured as follows: (a) If a lot or parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line, even if the lot or parcel is liT" or flag shaped. (b) If a lot or parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. (c) If a lot or parcel is served by a platted private drive, setback is measured from the road easement or property line. F. MINIMUM FLOOR AREA: 1. 3,000 square feet 11-2 G. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY STRUCTURES: 1 . 1 0 feet H. MAXIMUM HEIGHT: 1. Principal Structure - 50 feet and 3 stories above the minimum base flood elevation. 2. Accessory Structure - 35 feet and 2 stories above the minimum base flood elevation. 11-3 SECTION III COMMONS AREA PLAN 3.1. PURPOSE The purpose of this Section is to set forth the development plan and development standards for the area designed as Tract "0", Commons Area/Conservation Area on the RPUD Master Development Plan, Exhibit "A". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas and recreational facilities. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as practicable shall be protected and preserved. 3.2. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Lakes. 2. Open spaces/nature preserves (Conservation Area). 3. Pedestrian and bicycle paths or other facilities constructed for purposed of access to or passage through the common areas. 4. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. B. Accessory Uses: 1. Small enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 3.3. DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and location and treatment of buffer areas. B. Buildings shall be set back a minimum of fifty (50) feet abutting residential districts and a landscaped and maintained buffer shall be provided. 111-1 C. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. D. A site development plan meeting the requirements of the LDC shall be required. E. MAXIMUM HEIGHT: 1. Principal Structure: 30 feet. 2. Accessory Structure: 30 feet. 111-2 SECTION IV CONSERV A TION/PRESERVE AREA PLAN 4.1. PURPOSE Conservation/Preserve Area - The purpose is to preserve and protect native vegetation naturally functioning habitat in their natural state. 4.2. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits when required; A. Principal Uses: 1. Open spaces/nature preserves. 2. Boardwalks subject to appropriate approvals by permitting agencies. 3. Perimeter security fences or privacy walls may be eight feet high and shall be placed in areas with the least impact to the conservation areas, such as along the private road which is the most disturbed or in areas of least impact to native plants and naturally functioning habitats. 4. Native vegetation landscaping. 5. Permitted mitigation activities. IV-1 SECTION V DEVELOPMENT COMMITMENTS AND DEVIATIONS 5.1 DEVELOPMENT COMMITMENTS A. DEVELOPER CONTRIBUTIONS 1. The developer shall provide a non-exclusive 50' X 50' easement at the southwest corner of their project subject to a conservation preservation easement to multiple jurisdictional agencies. 5.2 DEVIATIONS A. ENGINEERING 1. Grassed slopes of 3H:1V may be used for berm heights to 4 feet throughout the project based on the construction plans approved as part of the SFWMD, ERP, and ACOE Dredge-Fill Permits. Berms greater that 4 feet in height shall use slopes no greater that 4H: 1 V. B. TRANSPORTATION 1. A deviation from LDC requirements for RPUD annual monitoring reports. The developer, in lieu of paying for annual traffic counts at the project accesses, shall make a single payment in the amount of $3,600 to mitigate the need for annual counts. Payment to be made within sixty (60) days of Ordinance approval date. 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'" III <( -' co UJ tr '" '" u 0 -' >- :=' tr co >- ...J a. ~ ~<;6 - '!fJ GAlS ~31ll0J z*~ ~ "o.-lllonol... ",.jK/:. HOMES OF ISLANDIA RPUD CLUB l:sTAT/!S n. u.c IOat 1':IADII CDI7'D WAY JIfAIlta P'tD.uM 3410' PLANNING DEVELOPMENT INCORPORA TED DaELOPMENT CONSUL rANTS. ENGINEERS_ PlANNERS ANO LANDSCAPE ARCHITECTS ~J:J3 CASTEU.O DRlY& SUlT'I 2. NAPu::J. l'LORlD.t. 34J03 -~... ~eMJ("1d .... ......cu I I.,s .~~ I NAPtf5, Fl.ORfDA EXHIBIT '~" 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 foregoing is a true and correct copy of: ORDINANCE 2007-04 Which was adopted by the Board of County Commissioners on the 23rd day of January, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners , '" ,- fuuL ~OC, ,'.j By: Ann Jennejohn, Deputy Clerk