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Ordinance 96-13 ORDINANCE 96-13 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, , ~'~'e'10'7~'~ FLORIDA, BY AMENDING THE OFFICIAL ZONING ,."~ ~ % "7~"- AT~S ~P N~BERED 0513S AND BY CHANGING /~" -~, ~ ~'~~7 ~/"~KE AVALON", FOR PROPERTY LOCATED ~ ~' ~]': ON THE SOUTH SIDE OF U.S. 41 EAST AND THE ~p ~ ~'~/NORTH SIDE OF OUTER DRIVE, IN SECTION 13, "'.:~>. .~>"' TOWNSHIP 50 SOUTH, ~NGE 25 EAST, COLLIER "Lr-"o~'~i-Z.~-:A''> ' COUNTY, FLORIDA, CONSISTING OF 126 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE N~BER 83-36, AS ~ENDED, THE FO~4ER "~KE AVALON" PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier County Parks and Recreation Department, representing the Collier County Board of County Commissioners, 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 CO~ISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 13, Township 50 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 Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) Numbered 0513S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 83-36, as amended, known as the "Lake Avalon" PUD, adopted on July 26, 1983 by the Board of County Co~issioners of Collier County, is hereby repealed in its entirety. -1- SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~_ day of'~7/~j___ , 1996. / ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BRO&~'~ CLERK COLLIER COUNTY, FLORIDA APPROVED AS~TQ..F6RM AND LEGAL SUFFI'CiENCY MARJOR/[E M. STUDENT ASSISTANT COUNTY ATTORNEY PUD-83-2(2) ORDINANCE/16471 Th}s ordlnar~e filed wl~h the of ',ate's Office Secretary of ~ '/---~?~' and ocknow[edgemen~ o~ thgt ti~in receited ~his ~day -2- LAKE AVALON PLANNED UNIT DEVELOPMENT DOC[~ENT Prepared By' Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane at Airport ]Road Naples, Florida 33942 Revised By: Collier County Planninq Services Department 2800 N. Horseshoe Drive Naples, Florida 33942 Revised: December 1995 Date Approved by BCC March 26, 1996 Ordinance Number 96-13 Words underlined are additions; Words e~-peee3h are deletions. -1- LAKE AVALON PLANNED U~IT DEVELOPMENT DOCUMENT DISTRICT ZONE: PUD A. PERMITTED PRINCIPAL USES AND STRUCTURES: Tract A: M~ee~i3~ ~'cllings; ~}ercational ~-~- f-a~~ e ~o~nercial uses as permitted by the C-3 District at the time of adoption of this P.U.D. District. Tract B: public Uses includinq esseDtial public service facilities, fairgro_unds. park and recreational service facilities, ].ibraries, museums, parkinq facilities, Safety service facilities, water ski facilities, and other public and qovernmental facilities which are comparable in nature with the foreqoing uses. B. PERMITTED ACCESSORY USES AND STRUCTURES: 1. Accessory uses and structures which are cus~ema~ ~ ' ~ ~~"~ "'~ ~ -~'~" ide~ti iti^- ~n~ communi~ey -~ccrc~t-~ craig%sT, a~ ~. ccnvcnicnce ccmmcreiat areas; e security gatc~aeuse in the media:% e4~ the divided eh~t~ance ~.~ -e 6~ e~ ecc~i~-y fence a-te~ t3ae prcjcc~ boundary~ a~ministrativc and .ea4cs cffices w~ ~ mey ~e Iccatcd ~a tcm~.~ ~5 ~ancn~ structures ~ My ~ ~-~ w~ e E~~-~ recreational ~ ccracrcial str~urc. customarily associated with the permitted principal uses. 2. Commercial uses of an accessory nature which are incidental and customarily associated with support of a primary public use of the site for public purpose and which are consistent with the Growth Manaqement Plan. Temporary use of the site for public purpose in accordance with Section 2.6.33 of the Land Development Code. 4~ Accessory uses which are provided by concessionaires under aqreement with the County for the provision of the service. 5~ Any other public uses which are comparable in nature with the foreqoinq uses. 6. No power boats will be allowed on the lake e~.cept in conjunction with Collier County approved water ski shows and its members. Words underlined are additions; Words struck ~ough are deletions. -2- C. MAXI~T~,T, CP, Og$ ~4nOJiECT D~NSITY: D.C. DEVELOPMENT STANDkRDS: a. Minimu~m ~^~'~'-~" ;~^- ~3t~ ............. pub l-ie ~ e~ ~ cct-b~ from priv~t~ e{rcct ~k%e~ e~ curb: 20 fee~t-~ M~m we4z-~ ~rdm 20 ~cc~ from control clcvction cf o. M~i~em-rear .... ~ ( non-wat-.~Pf-r'ont9 ~ 25 fcct Minime ~a^ yard: ~ {4%e building not its t~ ._ ~ n ~^^~ 3-,,,,'- ,,~ .,..~,& ..Lv f. M~ ~we4-bi~ unit floo~ e~ee+ % equate g~ M~ ef-f~ parking epaccs~ 3 spaeee COMMERCIAL SITES: As required by the C-3 District at the time of passage of this P.U.D. .2. PUBLIC USE SITES: a. MiDimum lot area. None Minimum lot width. NoDe c. The yard requirements of the most... restrictive adjoininq district shall apply to all portioDs of the site within 100 feet of the adjoining district. Words underlined are additions; Words struck tl~r~9~e/h are deletions. -3- d. Maximum heiqht. The heiqht Qf the. most restrictive adioininq district within 100 feet of such district. unless exemDte~] by Section 2.6. ~, ~ of ~he Land DeveloDmeDt Code. MsrnM separation ~ ~atio~ ~~ c-~ur~ fencing ~ oth~ ~~ti~ ~t~uctures ta~ ic= ~ ~: .... ~ ~ ~ e~P~ ~e the ~ ~ any bo~ar~ ~ ~he recreation ens cn which ~e ~i~ e ~'ucte ~ 2e ~TI~F~ILY DWELLINC '~'~ n~STRIBUTION~ x~ e more adjoini~ multi-family ~ ]~ ~ ~ ~ become e e dcvclopmc~ s c~ ........... ~F ~ the Dcvcl~mc:~ Scrviccz Direct~ ~ ~ dc~nce~ m''~+;~--~'- ~~ units ~catc~ ~ ~ ~ ~ ~ ~ ~ total ,~ .... ~ ..... ~ ..... ~ does l~t cxcce~~° ~STER P~N: eu~ivisicn ~P Plan. The location of land uses ~howB on the pUD Master PlaD, Exhibi~ "A" · Minor chaDqes and variatioD~ iD buildinq tracts~ locatioD and acreaqes of these uses shall be permitted at preliminary subdivision p!at approval, preliminary site development plan approval to accommodate topoqraphy, vegetation, Stormwater. desiqn, add other site conditions subject to the Land Development Code. The specific location of structures shall be determined at the time of site development plan approval. ~ X, Section ~ the rcquircmcnt~ cycle aths, and acccM F~ ~ ~~ that the ~ shall install ..... , .... e ~ e .... side ~ .... ;-~- "~ 41 t Lcmbardy Street ~ U S D n ~ ~ ' "' ~ ~ ~ Uniform Control ~~ ~ ~ ~ ~ p ~- ~ except '~'~':'~ -~ the principa~ "~l ~,, ......... ,, ~ Words underlined are additions; Words struck thrc~]~ are deletions. -4- Article ~T Section e-l+ m~^ e~e~{-ae~P in title ~ ~ ~is ~orticnatc ~--~ ~ ~ eosts ~ ~ future traff]~ signal ...... : ..... arc const/uctad, ~ ~ e~ share to ~ de~~ ~ ............ agency ~ving ict~ installation of .... ~ ~:~ s"stem~ ~ticlc ~ Scctio~ 24: ~Sparc utility casi~e shall ~ inst~ ~ accordance ~ the ~vclopmcn~ ?~rticlc ~ ScCtic~ ~ Permanent ........ ~ ~ permanent ~'~'~ in$~ ~ ~ ~er ~ ~ the loeations ~crc su~ monum~ ~ ~:ithln arcas, ~ sha~:J. ~ -~stallcd ~ ~~ in ~"-~--i water valve ce~ in~tallcd in a ~ XI, Section t7,. ~ & C street ~e ~ and ~ .... ~" Subdivicion Rc~ulat ~ ~-- Private street ri~ ~ ~ ~ ~ ~ ~ ~ ~ street Count" En-inccr "~ ~"~ ~ ~- "" I.: ~ ~ curb radii at 7. ~ '~ ~ ~ XI~ street ~-~r~-~ .... ~-~ ~- - minimum of ~ ft lOS ft. ta~ sections ~ Ecvcrsc curves ~ ~ ~ ~ ~aivcd ~ approve~ Engincch- 9 ~ Article -XI L ~ ~ The requirement .~., C~GES ~D ~ENDMENTS: changes and amendments may be made to this P~ 0rdiDaDQ~ or PUD Master Plan as provided iD Sectio~ ~.7.3.5 of the La~d Development Code. GENERAL COMPLIANCE WITH COUNTY ORDINANCES: 1.. The development of the Project ~hall be accordance ~¢ith this PUD Ordinance and applicable Words underlined are additions; Words struck lhreugh are deletions. _¢_ sections of the Code (to the e~tent they are no% inconsistent with this PuP Ordinance) ~hich are in effect at the time of issUanCe of anv development order which authorizes the construction of improvements to which said rec~ulation applies. These iD~ude but are not limited to FiDa~ Dubdivision P~c, [iDa! Site Development P~an~ EXcavation Permit ~nd Preliminary work AuthOrization. wher~ this pUD Ordinance fai!s to provide developmental standa~:ds, . then the provisions of the most similar zoninq district oe section of the Code shall apply. 2- Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the Code in effect at the time of development order ~pplication. 3. Development permitted by the ~pproval of this Ordinance will be subject to a concurrency review under the Adequate Public Facilities Ordinance as set forth in__section 3.15 of the Land Development Code. 4. All necessary ~asementS, dedications., or other instruments ~ha~ be qra~ted to insure the Continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 5. All parkinq places shall be desiqned in accordance with Section 2.3 of the Land Development Code. 6-~ The time limits for the Pro~ect are as provided for within Section 2.7.3.4 of the Land Development Code. TRAFFIC: Subject to F.D.O.T. approval, the developer or his assigns shall provide appropriate left and right turn storage lanes on US 41 at the project entrance drive prior to Certificate of Occupancy. ~. Arterial level street lightinq shall be provided at the proiect entrance. The emergency access show~ on OUter Drive sha~ be gated such that only emerqency v,ehicle$ shall have access. This shall not be used as an auxiliary access to the site. Words underlined are additions; Words 5truck th~e~ are deletions. _~_ 3. If there is to be a gatehouse 1qc~ted at the park entrance, St sh~! be sited such that there ~s sufficient throat length in the entrance driveway to ~revent w~hicles from backing UP into the County road system. 4. The coDnecto~ road from US 4~ to outer Drive sha]~ be improved to a multi-laned facility with bike l~Des and sidewalks in accordance wit~ previously aDDroved plans add sha!~ be kept passable at all times, I.H. UTILITIES: ~3ae -~,,~^~ e~ the attachc~ mc.~erandum ~em ~^ · '~it~^- Ae~inistrator ~-~^~ ~ ~ ~9~D are ~ ~ ........ ~ in ~is PUn Dccumc~ !- That a letter of co~itment from the City of Naples regarding water service be submitted to this office prior to approval of the construction documents.. 2. Collier county requires a written agreement w~th the developer of the pro~ect~ le~allv accentable to th~ county water,Sewer District, sta~g that: a. The DropOsed on-site wastewater treatment facilities to be constructed as part of the proposed pro~ect must be regarded as interim; be constructed to State Standards and operated and maintained by the Developer until connection to the county's Central Sewer System is available. Upon connection to the County's Central Sewer SVstem, the on-site wastewater treatment facility shall be abandoned an~ removed by the Developer at Do cost to the County or the County Water-Sewer District. b.. Connection to the County's Central Sewer Facilities will be made by the owDers~ their assiqDs or successors at Do cost to the County Or to the District within 90 days after such facilit.ies become available. c~ ~11 construction p~aDs and technic~ ~Decifications related to cQ~Dections to the ¢oun~y's Central Sewer Facilities will be ~ubmitted for review and a~proval prior to ~o~Dce~ent of coDStruCtion~ d,. The Developer, his assigns o~. successors shall be responsible for re~ittinq the on-site lift Words undellined are additions; Words etruck thr-.~ are deletions. -7- Station sewaqe pumps, as required, at the time the Dro~ect is connected to the Countv'$ central Sewer System, Desiqn Computations for pump modification must be submitted and approved by the utility Division. e. The owner, their assiqns or successors shall aqree to pay all system development charges at the time that building Dermits are requested, pursuant to the appropriate County and City ordinances and requlations in effect at the time of permit request. 3. All construction plans and technical specifications for the proposed Utility Facilities must be reviewed and approved by the Utility Division prior to commencement of construction. 4__~. All on-site and off-site Utility Facilities constructed by ti~e Developer iD connection with the Development shall be constructed to County Standards at Do cost to the County and shall be deeded to the county water-sewer District, ~c~ordance w~h applicable CoUnty Ordinances add Regulations. 5. All customers connectinq to the sanitary sewer facilities will be customers of the County Water- sewer District add wil~ be billed in accordance with a rate structure approved by the county. Review of the proposed rates and subsequent approval by the Board of County Commissioners must be completed prior to activation of the collection transmission system and wastewater treatment facility servicinq the proiect. Rate reviews must be in full compliance with County Ordinance No. 76-71 as amended, revised or superseded. 6_~. All construction on the proposed sanitary sewer ~ystem shall utilize proper methods add materials to insure water tight conditions. 7__._ Appropriate Utility Easements dedicated to the Countv Water-Sewer District must be provided for the proposed Water and Sewer facilities tO constructed, when they do not hie within public riqhts-Df-way or utility Easements. Data recruited under County ordinance No. 80-11~ must be swb~tt~d and aDDroYal ~ranted prior to approval of the construction documents for the pro~ect. The developer shall submit a copy of the approved DEP permit application for the sewaqe Words underlined are additions; Words ~truck-4~hrough are deletions. -8- col~eCtioD add traDsmisSio~ ~ystem and a copy of the ~pproved DEP permit application and construction permit for the wastewater treatment facility to be utilized. I. ENVIRONMENTAl; An updated EIS shall be included at the time of submittal of the first development order fi.e., site development plan], It shall include a ~UCCs maD. wetland ~urisdictional maps, cursory wildlif~ survey add other areas of the EIS that need to be updated. (per CCLDC Division 3,8] 2. Submit a maDaqement plan pursuant to collier county Land Development Code Section 3.9.5.3 with the site development plan. Words underlined are additions; Words struck through are deletions. -9- STATET~ENT OF COMPLIANCE The development of 126 acres of property in Section 13, Township 50 South, Range 25 East, of Collier County, Florida, as the Lake Avalon Planned Unit Development will comply with the Collier County Growth Management Plan for the following reaSOns: 1. The proposed land use is compatible with the surrounding uses · 2. The project shall comply with all applicable County, State and Federal laws regulating development of the property. 3. The project will be served by County approved potable water. 4. The project will be served by an on-site wastewater treatment plant until County service is available. 5. The property is located in the Urban Coastal Fringe Area and the Traffic Congestion Area as designated on the Future Land Use Map and in the Future Land Use Element of the Growth Management Plan. The ba~e project density a45 ~ en. its pc~ eehre confor~ w~ t-he Interconnection ~ ~ .... ~ ...... ....... ~^ This district eDcOurag~S well Planned, ~ixed use developments includinq commercial and public lacilities such as parks and libraries. Words underlined are additions; Words Gtruck through are deletions. -10- We have ~e~ the rcfcrcnce~ petition and ~ no e~6e to the rezcnc ae ~~ -4+ewevet-r, we ~~e the ~ stipulations as a ccnditi~=to our recommendation for --FF ...... Attachment ~'- I made a -~-~ ~ m~,~ e ~ ~ commitment from ~ ~ ~ ~'--~-- regarding e ..... ~ ~ ~ cubmitt~ ~ *~ ~ - ~ F~Or tO approval -~ the construction documents. ~ rcqulrc e ~ agrccme~ ~ the ~lopcr ~ the Bistrict, statiCthat: a ) The ~s cd ~ ~~ ~ facilities ~ ~ constructc~ ~ ~M ~ ~ ~ .... pro cot must cd ~ --- ~ constructe~ *- ~ ~e ~ epcratcd --~ mainta~__~ ~ ~_ n .... ~ ....... ~ ecnnection to ~ Count"' s ~ntral ~ ~ is .... ; ~ ~ - the ~ ~ trcatmc~ {acillty chal~ ~ ~ and fcmovcd ~ Dcvclcpc~ at no cost- to ~hc County cr thc County Watcr Sewer District. successors at no ~ ~ the ~y ~ ~ ~ District ~ 90 ~ aftc~ such facilities ........ available. -~ ..... ~ tcchnie~ epccificaticnc -~ ~ construction ~ ......... e ~ ~ be submittc~ ~ ~ ~nd ........ ~ --~-- ~- commencement of construction. Words underlined are additions; Words -~ .... ~ ~ ..... ~ ............. ~.. are deletions. -11- ecsign e~-utaticns ~ .... ~ ~ that ~"~idlng pcr it ~ ~~ri~e County and City ordinances and ..... ~ ~ ~ oM ~" offcot ~ ~ ........ at ~ ~ ~ pcrmit ~ue s t. Attachmc~ Words underlined are additions; Words struck ~ ..... ~ ...... ~,, are deletions. -12-- xmm'R ,.~trl./'c~xTrrl %Y~ ,I ~ TTTT'ITT 'T'm"J' 'F%,TtTT~Tf'~O~T Tlr'~T TF'~'%' ['""m'T'T~TTT l~rlIT/'Yh~ ~ eft-cite a~.~ e~e Utility Facilit~e~a constructed t~y t,hc Dcvclcp~ in section ~ 4~ DcvclRpmcnt ~all ~ eonctruct~ ~ ~ .... *" 8tandards a~ ~ ecbt ~ ~ ~ .... ~" and shall, ~ ~cdcd ~ ~ .......... ~ .... County ~ ~ -~-~-~ in acccrdan~ ~ ---~ ionic County ~ customers ecnnccting to t-he e~44a~ eewe~ facilities wil-~ ~e customers e~ t-he Ccun{y ~ n~~ ~ ~ ~ billed 4_ acccrd~cc wit~ e proposed ratca ~ :ubscqucnt ~prcval ~ ~ ~ ~ County ~~~ers must ~ completed ~icr to ~tivaticn or the ccllccti~ transmicc~ ~ and ~ treatment ~acility servicing[ ~ projcot~ ~tc ~ ~ ~ in ~"~ ccm-lian~ ~ ~ .... ~ ..... ~'- 76-71 as .... ~-~ royiced or superseded. Data required "-~^- ~ .... ~" ~ "^ ~ meet= .... ~ .... ~ 4 __ documents ~ ~ .... 4 __~ -~~ e ~ ........ pcrm ' ~cr *~ - for the ~-a=tcwatcr treatment facility to be utilized. RS/md/14499 Words underlined are additions; Words stPuck through are deletions. -13 - LAKE AVALON PUD LEGAL DESCRIPTION Property described as lying in Section 13, Township 50 South, Range 25 East, beginning at the West 1/4 corner of Section 13 run East 2854.07 feet, thence run South 38° East 96.45 feet, thence run East 257.18 feet, thence run South 39° East 593.81 feet, thence run South 38° West 368.67 feet, thence run Northwesterly along curve 161.85 feet, thence run South 79° West 538.60 feet, thence run South 33° West 574.84 feet, thence run South 35~ West 300.995 feet, thence run Southwesterly along curve 184.95 feet, thence run South 256.19 feet, thence run West 120 feet, thence run South 140 feet, thence run West 200 feet, thence run North 171.23 feet, thence run Southwesterly along curve 31.45 feet, thence run South 161.83 feet, thence run West 350 feet, thence run North 80.32 feet, thence run Southwesterly along curve 60.25 feet, thence run South 170.81 feet, thence run West 220 feet thence run North 174.40 feet, th~.r:ce run Northwesterly along curve 223.82 feet, thence run South 52.14 feet, thence :run West 320 feet, thence run North 203 feet, thence run Northwesterly along curve 72.56 feet, thence run South 63.80 feet, thence West 200 feet, thence run North 240.55 feet, thence run West 60 feet, thence run South 240.12 feet, thence run West 100 feet, thence run North 1859.98 feet to the Point of Beginning, as recorded in Official Record Book 1406, Page 1949-54. RB/md/14499 Words underlined are additions; Words "~ .... ~ ~ ..... ~ are deletions. -14- Tract A \ , : ~ NORTH PARK · ) / ~ ~ .... / , / ~ / / / , . / / / , Tract B PAR~ : ...................... EXHIBIT "A" Deve~op~nent Service~ 2800 Horseshoe Drive DATE: PROJECT: LAKE AVALON NAPLES. FLORIDA 33942 DEC. 199~// ",,,, (s4,)64s-8469 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 copy of: ORDINANCE NO. 96-13 ~ich was adopted by the Board of County CommissioPers on the 26th day of March, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of March, 1996. DWIGHT E. BROCK Clerk of Courts and Cler. k.