Ordinance 2009-67
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ORDINANCE NO. 09- 67
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 92-75, THE ORANGE BLOSSOM GARDENS PLANNED
UNIT DEVELOPMENT (PUD); PROVIDING FOR AMENDMENT TO
EXHIBIT A, THE PUD DOCUMENT, TO REMOVE 5.85 ACRES
FROM THE PUD; PROVIDING FOR FUTURE PUD AMENDMENT;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 19, 1992, the Board of County Commissioners approved
Ordinance Number 92-75, which established the Orange Blossom Gardens Planned Unit
Development (PUD) zoning classification; and
WHEREAS, the Orange Blossom Gardens PUD has sunsetted in accordance with
Section 10.02.13.D. of the LDC; and
WHEREAS, LCS-Westminster Naples LLC, represented by Robert L. Duane of Hole
Montes, Inc., and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A.,
petitioned the Board of County Commissioners to amend the Orange Blossom Gardens PUD to
remove approximately 5.85 acres from the PUD and has authority to make such request by
agreement with owner; and
WHEREAS, the owner, St. Katherine's Greek Orthodox Church has not participated in
this PUD amendment.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION I:
AMENDMENTS TO EXHIBIT A, THE PUD DOCUMENT, OF
ORDINANCE NUMBER 92-75, THE ORANGE BLOSSOM GARDENS
PUD
Exhibit A, the PUD document, to Ordinance Number 92-75 is hereby amended and superseded
by Exhibit A attached hereto.
Words struck through are deleted; words underlined are added.
Page 1 of2
SECTION II:
FUTURE PUD AMENDMENT
In accordance with Section 10.02.13.D of the LDC, a PUD Amendment to this PUD Ordinance
or a rezone shall be required prior to any development of this PUD.
SECTION III: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this I s-r day of J:ltUJr>btr ,2009.
BOARD OF COUNTY COMMISSIONERS
COLLIER~UNTY' FLORIA "
~~ ~1L&
BY:
DONNA FIALA, Chairman
Approved as to form and
legal ufficiency:
CJfo
CP\09-CPS-00920\27-HF AC 11/12/09
This ordinance filed with the
~etary of ~e/s Office thh
day of 'Jfl.. I aro.-,
and acknowledgement of that
Ii Ii received this I day
of Uc
Words struck through are deleted; words underlined are added.
Page 2 of2
ORANGE BLOSSOM GARDENS
A
Planned Unit Development
PREPARED BY:
COASTAL ENGINEERING CONSULTANTS, INC.
REVISED OCTOBER 19,1992 BY THE
COLLIER COUNTY LONG RANGE PLANNING DEPARTMENT
REVISED MAY 2009 BY
ROBERT L. DUANE. A.I.C.P.
HOLE MONTES. INC.
950 ENCORE WAY
NAPLES. FLORIDA 34110
Date Reviewed by CCPC:
Date Approved by BCC:
Ordinance No.
Amendments & Repeals
EXHIBIT "A"
SECTION I
1.1
1.2
1.3
1.4
1.5
1.6
SECTION II
TABLE OF CONTENTS
PAGE
PROPERTY OWNERSHIP, DESCRIPTION AND
STATEMENT OF COMPLIANCE
1-1
Purpose
Legal Description
Property Ownership
General Description of the Property Area
Physical Description
Statement of Compliance
PROJECT DEVELOPMENT 2-1
2.1 Purpose
2 . 2 General
2.3 Project Plan and Land Use Tracts
2.4 Maximum Project Density
2.5 Site Development Plan Approval Process
2.6 Future PUD Amendment
SECTION II I
MULTI FAMILY RESIDENTIAL DEVELOPMENT
3-1
3 . 1 Purpose
3.2 Maximum Dwelling Units
3.3 Permitted Uses
3.4 Regulations
3.4.1 Minimum Lot Area
3.4.2 Minimum Lot Width
3.4.3 Minimum Yards
3.4.4 Minimum Floor Area
3.4.5 Maximum Height
3.5 Off Street Parking
SECTION IV
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
DEVELOPMENT STANDARDS
4-1
Purpose
General
P.U.D. Master Development Plan
Clearing, Grading, Earthwork & Site Drainage
Street Construction
Easements for Underground Utilities
Utility Department Stipulations
Water Supply
Solid Waste Disposal
Other Utilities
Signs
Landscaping
Water Management
4.14
4.15
4.16
4.18
Polling Places
Platting
Environmental Stipulations
Traffic
LIST OF EXHIBITS
Exhibit "A" (Figure 1) - PUD Master Plan
Exhibit "B" (Figure 2) - PUD Master Drainage Plan
Exhibit "C" - Legal Description
SECTION I
PROPERTY OWNERSHIP, DESCRIPTION AND STATEMENT OF COMPLIANCE
1 . 1 PURPOSE
The purpose of this Section is to set forth the location and ownership,
and to describe the existing condition of the property proposed to be
developed under the project name of Orange Blossom Gardens.
1.2 LEGAL DESCRIPTION
The E}~ of thc UE>( of thc UN }( of thc CW}( ,:md thc W}~ of thc HE}( of thc
~M>( of thc CW}( of Being a part of Section 1, Township 49 South, Range
25 East, Collier County, Florida, and, more particularly, described in
Exhibit "B".
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Lone OGJc Ltd.
St. Katherine's Greek Orthodox Church, Inc.
1.4 GENERAL DESCRIPTION OF THE PROPERTY AREA
A. The project site contains ~ 5.85 acres (+). It is
located on the north side of Orange Blossom Drive
approximately 671' east of Airport Road. Orange Blossom
Drive intersects Airport Road approximately 1~ miles north
of pine Ridge Road.
B. Current zoning is PUD. The parcel is bounded on the south
By Orange Blossom Drive then land zoned PUD, Planned Unit
Development (Lone Oak), on the east by private property
zoned A, Rural Agricultural, and on the northwest by private
property zoned A CU, Rural Agricultural, on the southwest by
land zoned PUD (Longview Center), and on the north by land
zoned PUD (Lakeside of Naples at Citrus Gardens). The
property is within the Collier County Water and Sewer
District and Collier County Water Management District #7.
1.5 PHYSICAL DESCRIPTION
The subject property has been farmed. About 4& ~% of the ~ 5.85
acres has been used as a borrow pit. ,;hich nm.. covero GpproximGtely 1.>~
Gorco of the oite Gild extendo off the property to thc ~eot. Lcee thGn
30 fcet eGot of thc CGet property line G borra'.; pit rune :J.long 90%' (I)
of the property linc. Thc l:J.nd dircctly north of the eitc h:J.e becn
uocd in the p:J.:Jt for :J.gricultur:J.l purpooeo :J.nd :J.O :J.n cJCc:J.v:J.tion oitc
(borro'..' pit) but io no'." devclopcd '.d th :J. reoidcnti:J.l pro] cct :J.round G
l:J.Jcc.
soil types found on the site are:
Immokalee fine sand (approx. 40%).
USDA soil survey of Collier County
Arzellsand (approx. 60%), and
(Soil characteristics are from the
dated March, 1954.)
1.6 STATEMENT OF COMPLIANCE
The Orange Blossom Gardens Planned Unit Development is consistent with
the Collier County Growth Management Plan for the following reasons:
A. The project site is designated Urban Residential on the Future
Land Use Map and in the Future Land Use Element. The
permitted uses in this PUD are permitted in the Urban
Residential Area. Properties designated Urban Residential are
permitted a base density of up to 4 units per acre. ~
propcrty io loc~tcd ~ithin thc Tr~ffic Congcotion hrc~
rcoulting in thcrcduction of 1 unit pcr ~crc (from 1
unito/~crc to 3 unito/~crc). .'\.n intcrconncction ',dth ~dj.J.ccnt
propcrtico in not fC.J.oiblc. No othcr proviDionD of thc
Dcnoity R~ting Cyotcm to .J.dd or oubtr.J.ct dcnDity .J.rc
.J.pplic~blc. Thcrcforc, ~ dcnoity of 3 unite pcr ~crc conforms
to thc Dcnoity R~ting Syotcm cont~incd in thc Puturc L.J.nd Uoc
Elcmcnt. Thc DO.J.rd of County Commiooioncro h.J.o dctcrmincd ~
dcnoity of 3.12 unito/.J.crc (10 unito) io ncccoo.J.ry 00 ~o to
.J.lIO".: ~ dcvclopmcnt comp~tiblc '.d th ourrounding propcrticD.
Therefore, the proposed gross density of 3.42 dwelling units
per acre is consistent with the FLUE.
B. The project is compatible with surrounding land uses in
accordance with Policy 5.4 of the Future Land Use Element.
Elevations within the project
the average grade being 11.2.
site failed to find bedrock.
of 19 feet.
site range from 10.5(+) to 11.5(+) with
Three auger borings within the project
The borings were discontinued at a depth
Vegetation consists of scattered second-growth pine trees, some small
Wax Myrtle shrubs, grasses and Brazilian Pepper. The area appears to
have been cleared for agricultural use. Four shallow swales run the
length of the property north to south.
Water management for the project will utilize a swale through property
to the northwest to convey lake overflow from storm runoff to the
Airport Road Canal. A baffled weir will limit the discharge rate to an
amount acceptable to the Collier County Water Management Department.
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this section is to describe the general plan of
development for the project including land use and density.
2.2 GENERAL
A. Regulations for development of Orange Blossom Gardens shall
be in accordance with the contents of this document, and any
applicable sections and/or parts of the Collier County Land
Development Code.
B. Unless otherwise noted, the definitions of all terms shall
be the same as those set forth in the Land Development
Code.
2.3 PROJECT PLAN AND LAND USE TRACTS
A. ~ projcct oitc pl~n, including otreet l~yout ~nd l~nd
uoc, io oho,m in Exhibit A, is the P.U.D. Master Plan.
There ~ill be one l~nd uoe tr~ct pluG neceGG~ry otreet
righto of ,~~y. The Master Plan will be amended at a future
date to provide more specific details on the development
envelope, access and development standards.
B. In addition to the various areas and specific items shown
on Exhibit A, such easements (utility, private, semi-
private, semi-public, etc.) shall be established within or
along the various tracts as may be necessary or deemed
desirable for the service, function or convenience of the
project residents.
2.4 MAXIMUM PROJECT DENSITY
A maximum of ~ 20 residential dwelling units in a multi-family
configuration shall be constructed in the project area. The gross
project area is 11.68 5.85 acres. The gross density will be 3.42 units
per acre.
2.5 SITE DEVELOPMENT PLAN APPROVAL PROCESS
The procedures outlined in Divioion 3.3 of the Land Development Code
shall be followed for Site Development Plan approval.
2.6 FUTURE PUD AMENDMENT
The original Orange Blossom Gardens PUD has sunset. The purpose of
this PUD Amendment is to remove approximately 5.85 acres from the
original PUD owned by another entity. A PUD Amendment to this PUD
Ordinance will be required prior to any development of this PUD
including the possible amendment of the development standards in
Section 3.4 and revisions to the PUD Master Plan in Exhibit "A" to
address the future plans for development of this PUD.
I
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SECTION III
MULTI FAMILY RESIDENTIAL DEVELOPMENT
3 . 1 PURPOSE
The purpose of this section is to set forth the development plans and
regulations for the project.
3.2 MAXIMUM DWELLING UNITS
A maximum of 4& 20 dwelling units will be constructed on the site.
3 . 3 PERMITTED USES
No building, 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. Multi-family residences
B. Accessory Uses:
1. Accessory uses and structures, including storage
facilities.
2. Recreational uses and facilities, such as swimming
pools, and children's playground areas. Such uses
shall be visually and architecturally compatible with
adjacent residences.
3.4 REGULATIONS
3 .4 . 1 Minimum Lot Area:
A. 1 acre
3 .4.2 Minimum Lot Width:
A. 200 feet
3 .4 . 3 Minimum Yards
A. Setback along north, south and west side =35'
B. Setback along east side = 25'
C. Setback from lake = 30"
D.
Distance between principal structures
20' .
3.4.4 Minimum Floor Area:
A. 900 square feet
3.4.5 Maximum Height:
A. Two floors of living area with option of having one (1)
floor of parking beneath the living area.
3.5 OFF STREET PARKING
Off-street parking shall be provided as required by Divioion 2.3 of the
Land Development Code.
SECTION IV
DEVELOPMENT STANDARDS
4 . 1 PURPOSE
The purpose of this section is to set forth the standards for the
development of this project.
4 . 2 GENERAL
All facilities shall be constructed in strict accordance with the
final development plan and all applicable state and local laws,
codes and regulations.
4.3 P.U.D. MASTER DEVELOPMENT PLAN
A. Exhibit "A" (Figure 1), the P.U.D. Master Plan,
illustrates the proposed development~ However, this PUD
has sunsetted and a future PUD amendment is required
which will incorporate future development standards and
will identify access from Orange Blossom Drive.
B. Minor site alterations to the Master Plan my be
permitted in accordance with Cubocction 2.7.3.5 of the
Land Development Code.
C. All necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance of all service utilities and
project areas.
4.4 CLEARING, GRADING, EARTHWORK & SITE DRAINAGE
All clearing, grading, earthwork & site drainage work shall be
performed in accordance with applicable State and local codes.
4.5 STREET CONSTRUCTION
The internal road will be 24' wide and 900 parking 18 feet deep,
in accordance with zoning regulations.
4.6 EASEMENTS FOR UNDERGROUND UTILITIES
Easements for underground utilities such as power, telephone,
cable T.V., wastewater collection, water distribution, and similar
uses shall be located and granted as required for those purposes.
4.7 UTILITY DEPARTMENT STIPULATIONS
A. Water distribution, sewage collection and transmission
facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in
accordance with Collier County Ordinance No. 88-76,
as amended, and other applicable County rules and
regulations.
B. All customers connecting to the water distribution and
sewage collection facilities to be constructed will be
customers of the County and will be billed by the
County in accordance with the County's established
rates.
C. The on-site water distribution system to serve the
Project must be connected to the District's 12 inch
water main on the west side of Airport Pulling Road
consistent with the main sizing requirements specified
in the County's Water Master Plan and extended
throughout the project. During design of these
facilities, dead and mains shall be eliminated by
looping the internal pipeline network.
D. The utility construction documents for the project's
sewerage system shall be prepared so that all sewage
flowing to the County's master pump station is
transmitted by one (1) main on-site pump station. The
.Developer's Engineer shall meet with the County staff
prior to commencing preparation of construction
drawings, so that all aspects of the sewerage system
design can be coordinated with the County's sewer
master plan.
E. The existing off-site water facilities of the District
must be evaluated for hydraulic capacity to serve this
project and reinforced as required, if necessary,
consistent with the County's Water Master Plan to
insure that the District's water system can
hydraulically provide a sufficient quantity of water
to meet the anticipated demands of the proj~ct and the
District's existing committed capacity.
F. The existing off-site sewage transmission facilities
of the District must be evaluated for hydraulic
capacity to serve this project and improved as
required outside the project's boundary to provide
adequate capacity to transport the additional
wastewater generated without adverse impact to the
existing transmission facilities.
4.8 WATER SUPPLY
See Utility Departments Stipulations, Section 4.7.
4.9 SOLID WASTE DISPOSAL
Arrangements shall be made with the Collier County solid waste
disposal franchise holder to provide for solid waste collection to
serve the project.
4.10 OTHER UTILITIES
Utility lines for Telephone, Power, and Cable T.V. service, when
available, shall be installed underground.
4.11 SIGNS
All signs shall be in accordance with Divioion 2.5 of the Land
Development Code.
4.12 LANDSCAPING
All landscaping shall be in accordance with Divioion 2.1 of the
Land Development Code.
The open space area identified on the PUD Master Plan shall be
grassed and landscaping shall be provided around the perimeter.
A landscaped buffer in accordance with Ccction 2.1.7, ~ltcrn3tivc
D, of the Land Development Code shall be provided along the north
and west property lines except where the lake is located, and
along the south property line except at the project entrance.
4.13 WATER MANAGEMENT
A. Detailed site drainage plans shall be submitted to the
Project Review Services Section for review. No
construction permits shall be issued unless and until
approval of construction in accordance with the
submitted plans is granted by the Project Review
Services Section.
B. An Excavation Permit will be required in accordance
with Divioion 3.5 of the Land Development Code in
order to bring the existing lake into compliance with
present-day standards.
4.14 POLLING PLACES
Space shall be provided within common areas for the purpose of
permitting residents to vote during elections, if required by the
Collier County Supervisor of Elections in accordance with Scction
2.6.30 of the Land Development Code.
4.15 PLATTING
Platting shall be required if units are to be sold fee simple or
if the project is developed as an integrated phased SDP, in
accordance with Section 3.2.4.4 of the Land Development Code.
4.16 ENVIRONMENTAL STIPULATIONS
A. N~tivc opccico oh~ll bc utilizcd, vhcrc ~v~il~blc, to
thc m~ximum cxtcnt poooiblc in thc oitc l~ndoc~ping
dcoign. ~ l~ndoc~ping pl~n \Jill bc oubmittcd to
I'roj cct Rc'.ric... Scnricco for thcir rcvic.{ ~nd ~pprov~l.
Thio pl~n '..-ill dcpict thc incorpor~tion of n~tivc
opccico ~nd thcir mile ....i th othcr opccico, if ~ny. Thc
go~l of oitc l~ndoc~ping ohall bc in thc rccrc~tion of
n~tivc vcgct~tion ~nd h~bit~t ch~r~ctcriotico loot on
thc oitc during conotruction or duc to p~ot ~ctivitico.
No native vegetation is required to be preserved.
B-:- }'.ll cJCotic pl~nto, ~o dcfincd in thc L~nd Dcvclopmcnt
Codc, oh~ll bc rcmovcd during c~ch ph~oc of
conotruction from dcvclopmcnt ~rc~o, opcn op~cco ~rc~o,
~nd prcocr.'c ~rc~o. Follm..ing oi tc dc';clopmcnt ~
m~intcn~ncc program oh~ll bc implcmcntcd to prcvcnt
rcinv~oion of thc Ditc by ouch clcotic opccico. Thio
pl~n, ....hich \..ill dcocribc control tcchniquco ~nd
inopcction intcrv~lo, oh~ll bc filcd ....ith ~nd oubj cct
to ~ppro';~l by I'roj cct Rcvic.... Ccr.ricco.
eo- If, during thc couroc of oi tc clc~ring, cxc~v~tion, or
othcr conotruction ~ctivity, ~n ~rch~cologic~l or
hiotoric~l oitc, ~rtif~ct, or othcr indic~tor io
diocovcrcd, ~ll dcvclopmcnt ~t th~t. loc~tion oh~ll bc
immcdiatcly otoppcd ~nd thc I'roj cct Rc...ic.... Ccr'.riccD
Scction notificd. Dcvclopmcnt will bc ouopcndcd for ~
oufficicnt lcngth of timc to cn~blc thc I'rojcct Rcvic;:
ScrviccD Ccction or ~ dcoign~tcd conoult~nt to ~OOCOG
thc find and dctcrminc thc propcr couroc of ~ction in
rcg~rd to i to o~h'gc~bili ty. Thc I'roj cct Rcvic\l
Ccr.ricco Ccction ',:ill rcopond to ~ny ouch notific~tion
in ~ timcly ~nd cfficicnt m~nncr 00 ~o to providc only
~ minim~l intcrruption to ~ny conotruction ~ctivitico.
4.17 TRAFFIC
A. The developer shall provide a fair share contribution
toward the capital cost of a traffic signal and related
intersection improvements should they become needed in
the future. The signal will be owned, operated and
maintained by the County.
ORANGE BLOSSOM GARDENS
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CITRUS LAKE DRIVE
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NOTE :
NO NATIVE VEGETATION IS REQUIRED
TO BE PRESERVED.
RE~SED 12/01/2009
950 Encore Way Orange Blossom Gardens
Na~le.. f'L. 3." 0
Phone: (239) 254-2000 PUD Master Plan
Florida CertifIcate of E h'b't "A"
Authorization No.1772 X I I
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120
SCALE IN FEET
CHECKED BY :
R.L.D.
DRAI'tlol BY :
JON
DATE :
11 08
PROJECT No.
2007.11S
CAD FIlE NAME:
_ plotatam
EXHIBIT - ITEM
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EXHIBIT "c"
A PART or SECT/ON J TOWNSHIP 49 SOUTH RANGE 25 EAST COLLIER COUNTY. FURIOA. KING
H()RE PART/CULARL Y DESCRIBCD AS FOLLOI.I$.
ClR4Hf:NclNq AT THE: VEST 1/4 OF SECTION 1 TOI.INSHIP 49 SOUTH, RANGE es EAST. COLLIeR
CDUNTY, rLtRlDAJ THENCE SOUTH ~'i!'28'J::). EAST. ALa.IG THE CENTF:R or SAID SCCTJ{J4I J. A
DISTANCE Of' 56IMO FEET. TO THE POINT IT BE:GlNN1NG. SAID POTNT KING Tf€ NCRTHVEsr
CORNEll Of' TIE LAND IlESCRIKD IN THE UT/CIAL RECORDS JJOJK 2696. PAGE ~i!7. IT T1<
PUILIC RECERDS OF COl.LIDl C/JUNrr FLORIDAI T#-CHeE Ca-JTIMJ/NG. SOUTH 89"28'1::)" EAST, ALa-IG
SAID CfNTER SECTlfIti LINC. AND THE NCRTH L1~ iT SAID DCSCRIBCD LAND. A DISTANCE IT
~4.:11 reeT, TO THE: NlRTfCA$T ctR1€111T SAID IJESC'?IJJ€D LANDI THENC~ LEAVING SAID
COtTER ~CT~ LINC, SOUTH Oif"/!9'J2" EAST. ALCIiG THE E~T LINe IT SAIl/ /lCSCRI.BC1/ LANI/. A
/JISTAM:E IT 519.:11 raT. THENCE NalTH 89" DISTANCe tT 33S.J8 FECT. TO A
POINT t:T INTCI1SECTICII 'tilTH THE VESrc. 'lJlE/J LIW./JI TJCNa: IOlTH
1Jir24'56" VEST. ALONG ,SAID V('ST L 'EET TO THE POINT [F
lJF(j1NN1NG. SAID PARCEL CtliTAJNING
ALONG WITH:
A PART or SECTIa-J / T[]VNSH/P 49 saurH RANGE' 2' CAS T COLLIER COUNTY. FLORIDA. BEING
HOllE PART/CULARL Y OESCRIBCD AS f'Ol.LOI.IS,
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TO THe PO/NT IT l1CGlNftONG. SA! IR LESS.
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 2009-67
Which was adopted by the Board of County Commissioners
on the 1st day of December, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of December, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to I3q9-~.t;i.I.I.~fi,~,~
County commis~?:()~~~\$.e
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P6t,~~i :'~~\y"
Clerk""''''