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Ordinance 94-42 ORDINANCE NO. 94- 42 AN ORDINANCE AMENDING ORDINANCE NUMBER 83-46, WHICH ESTABLISHED THE BERKSHIRE LAKES PUD, AS AMENDED, BY AMENDING THE LIST OF EXHIBITS PAGE~ TO ADD EXHIBIT H-37 BY AMENDING SUBSECTION 1 · 04, TITLE I TO PROPERTY OF SECTION I, PROPERTY OWNERSHIP & GENERAL DESCRIPTION TO REFLECT A CHANGE IN UNIFIED CONTROL] BY AMENDING SUBSECTION 2.07, LAND USES, OF SECTION II, PROJECT DEVELOPMENT TO INCLUDE A REFERENCE TO NEW EXHIBIT H-3; BY AMENDING THE LAND USE SCHEDULE OF SECTION II, PROJECT DEVELOPMENT TO REFLECT CHANGES IN APPROXIMATE ACREAGES AND DISTRIBUTION OF NUMBER OF DWELLING UNITS; BY AMENDING SUBSECTION 2 · 10, DEVELOPMENT SEQUENCE AND SCHEDULE OF SECTION II, PROJECT DEVELOPMENT TO REFLECT CHANGES IN THE NUMBER OF DWELLING UNITS] BY AMENDING SUBSECTION 3.01, PURPOSE, OF SECTION III, SINGLE-FAMILY RESIDENTIAL "R-l" TO ADD A REFERENCE TO EXHIBIT H-3 ~ BY AMENDING SUBSECTION 3 · 02, MAXIMUM DWELLING UNITS, OF SECTION III, SINGLE-FAMILY RESIDENTIAL "R-l" TO CHANGE THE NUMBER OF DWELLING UNITS PERMITTED] BY AMENDING SUBSECTION 4.01, PIIR/mOSE, OF SECTION IV, MULTI-FAMILY RESIDENTIAL "R-2" TO ADD A REFERENCE TO EXHIBIT H-3] BY AMENDING SUBSECTION 4.02, MAXIMUM DWELLING UNITS, OF SECTION IV, MULTI-FAMILY RESIDENTIAL "R-2" TO CHANGE THE NUMBER OF DWELLING UNITS PERMITTED] BY AMENDING SUBSECTION 7.01, PURPOSE OF SECTION VII, RECREATION AND OPEN SPACE/PARK "O" TO ADD A REFERENCE TO EXHIBIT H-3] BY AMENDING SUBSECTION 8.02E., UTILITIES OF SECTION VIII, GENERAL DEVELOPMENT COMMITMENTS TO DELETE THE REFERENCE TO THE ON SITE WASTEWATER' TREATMENT PLANT] BY AMENDING SUBSECTION 8.02F., WATER AND SEWER OF SECTION VIII, GENERAL DEVELOPMENT COMMITMENTS TO DELETE REFERENCES TO THE PRIVATE. INTERIM WATER AND SEWER SERVICE AND TO THE ULTIMATE PROVISION OF SAME BY THE COUNTY~ BY AMENDING SUBSECTION S.02G., HURRICANE EVACUATION OF SECTION VIII, GENERAL DEVELOPMENT COMMITMENTS TO CHANGE HURRICANE EVACUATION COMMITMENTS; BY AMENDING SUBSECTION S.02H, ADDITIONAL COMMITMENTS OF SECTION VIII, GENERAL DEVELOPMENT COMMITMENTS TO ADD PROVISIONS REGARDING MAINTENANCE OF NATURAL HABITATS BY AMENDING THE EXHIBITS SECTION TO PROVIDE FOR NEW EXHIBIT H-3 WHICH IS THE MASTER PLAN FOR PARCEL E] AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 16, 1983, the Board oZ County Commissioners approved Ordinance Number 83-46, which established the Berkshire Lakes Planned Unit Development] and WHEREAS, Barbara Cawlay of Wilson, Miller, Barton and Peek, Inc., representing William T. Higgs, President of Coast Communities Corporation, petitioned the Board oZ County Commissioners of Collier County, Florida, to amend Ordinance Number 83-46, as amended, as set forth below] 067 Zll Words~r~:~ ~hr:=~h are deletedi'words 3~I~3Ja3jU~ are added. -1- NOW, THEREFORE BZ IT ORDXINED by the Board oZ County C~mmtsstoners o£ Collier County, Florida that= SECTION ONXz The slier of Exhibits" page, of the Berkshire Lakes Planned Unit Development (Ordinance NO. 83-46, as amended), is hereby amended to read as follo~s: LIST OF EXHIBITS EXHIBIT H D~STER DEVELOPBENT PLAN (Prepared by Wilson, Miller, Barton and Peek, Inc. File No. RZ-73) EXHIBIT H-1 PARCEL sFs D~STER PLAN U.S. Home Corporation (Wilson, Miller, Barton & Peek, Inc., File No. NP-77} EXHIBIT H-2 PARCEL sis KBTER PLAN (Wilson, Billet, Barton & Peek, Inc., File No RZ-222) ~ PXRCEL sE~ D~ASTER PrA4 [Wilson. Miller. Barton & Peek. rnc.. File NO. SECTION TWO: Subsection 1.04, Title of Property, of Section I, Property Ownership & General Description, of the Berkshire Lakes Planned Unit Development (Ordinance No. 83-46, as amended), is hereby amended to read as follows= 1.04 TITLE TO PROPERTY · ub~ect properties are currently under the unified control of Coast Communities Coreoration. ' .... " '--~ ~-'-' ~ ...... " · SECTION THREE= Subsection 2.07, Land Uses, of Section II, Pro~ect Development, of the Berkshire Lakes, (Ordinance 83-46, as amended), is hereby amended to read as follows= 2.07 lAND USES , The following table is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on Exhibit "H", Master Development Plan, Exhibit "H-l", Parcel "F" Master Plan and Exhibit "H-2s, Parcel "A" Master Plan and Exhibit "H-3". Parcel E Ha~. Minor changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. The specific location and Word: :~r;:~ ....... ' are deleted; words l~0~iiLljJ~are added. -2- size of individual traots and the assignment of dwelling units thereto shall be submitted to the Administrator for approval or denial. The f~nal sixs of the recreation and open space lands will depend on the actual requirements for water management, golf ~ourse layout, roadway pattern and dwelling unit size and configuration. SECTION FOURs The Land Use Schedule of Section II, Project Development, of the Berkshire Lakes Planned Unit Development (Ordinance 83-46, as amended), is hereby amended to read as follows: LAND USE SCHEDULE APPROXIMATE MAXIMUM NO. F.~ND UgETYPE ACREACE OF_DWRT.tYN6 ~NITS ~ el R-1 Residen~ial Single-Family ~;ave 233.6 9&e 1.256 R-2 Residential MUlti-Family ~ 276.4 Z,2~ 2.944 COMMERCIAL/MULTI-USE e C-1 Commercial 42.5 el RECREATION AND OPEN SPACE GC Golf Course 82.5 O (Park/Open Space/green belts) 176.9 Water Management/Lakes 179.8 Major Right of Way 99~102.2 Total 1,093.9 Acres 4,200 Residential Dwelling Units · 1 Residential dwelling units may also be provided within the C-1 Commercial/Multi-Use category provided the total number of dwelling units does not exceed 4,200. SECTION FIVE: Subsection 2.10, Development Sequence and Schedule, of Section IX, Project Development, of the Berkshire Lakes Planned Unit Development (Ordinance 83-46, as amended), is hereby amended to read as follows: 2.10 DEVELOP~fENT SEQUENCE AND SCHEDULE The applicant has not set "stages" for the development of the property. Since theproperty ts to be developed over an estimated 20 year time period, any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may of course, change depending upon future economic factors. The following schedule indicates, by years, the oo, f 67 213 Words ==ruth ~hr=ugh are deletedy words la~l~J~ are added. -3- estimated absorption or units for the estimated 20 year develolment period. ESTIMATED MARKETABSORPTION SCHEDULE PHASEYEARS I II III DESIGNATION UNIT 1-5 6-10 11-15 16-20 TOTAL R-1 Dwelling Units 23= 314 293 314 2:C 314~1~314 050 ~ R-2 Dwelling Units SOO 736 SlO 736 =:C 736 ~ 736 ~ 2-944 C-1 Bldg. Sq. Ft. x 1000 100 100 100 75 375 ~GC (Golf Course) Acres 82.5 ......... 82.5 · SECTION SIXz Subsections 3.01, PurpOse, and 3.02, Maximum Dwelling Units, of Section III, Single Family Residential "R-l", of the Berkshire Lakes Planned Unit Development (Ordinance 83-46, as amended), is hereby amended to read as followsz 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "H", Master Development Plan, Exhibit "H-l", Parcel "F" Master Plan, east Exhibit "H-2", Parcel "A" Master Plan, and Exhibit "H-3". Parcel "E" Master Plan as Single-Family Residential. 3.02 MAXIMUM DWELLING UNITS A maximum number of ~ZC 1.256 dwelling units may be constructed in all of the Single-Family Residential parcels. SECTION SEVEN: Subsections 4.01, Purpose, and 4.02, Maximum Dwelling Units, of Section IV, Multi-Family Residential "R-2", of the Berkshire Lakes Planned Unit Development (Ordinance 83-46, as amended), is hereby amended to read as follows: 4.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "H", Master Development Plan, Exhibit "H-l", Parcel "F" Master Plan, ~ Exhibit "H-2", Parcel "A" Master Plan and Exhibit "H-3".-Parcel "E" Master Plan as Multi-Family Residential. 4.02 MAXIMUM DWELLING UNITS A maximum number of 3,2ZC 2.944 dwelling units may be constructed in all of the Multi-Family Residential parcels. Word= =~r~ch ~hr=ugh are deletedl words~ are added. -4- SECTION EIGHTS Subsection 7.01, Purpose, of Section VII, Recreation and Open Space/Park wow, of the Berkshire Lakes Planned Unit Development (Ordinance S3-46, as amended), is hereby amended to read as followsz 7.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "H", Master Development Plan, Exhibit "H-l", Parcel "F~, Master Plan~a~ Exhibit ~H-2", Parcel wA" Master Plan, as Open Space/Park, GYP, Willowhead, Willow Cypress Preserve, Cypress Preserve, Green Belt, Lake, Conservation, Water ManagementA~ev and Exhibit Heater Plan as Lake. Recreation Site. and Green SPace/Park. SECTION NINES Subsection 8.02.E., Utilities, of Section VIII, General Development Commitments, of the Berkshire Lakes Planned Unit Development (Ordinance 83-46, as amended), is hereby amended to read as follows z E. UTILITIES 1) A central water supply system shall be made available to all areas of the project. The water supply source for the project shall be the .County system. 2) All areas 'of the project shall be served by a central wastewater collection system~.nn~ ~y =n =n =~tc 3) The development shall be in compliance-with applicable County laws and ordinances governing utility provisions and facilities. 4) Telephone, power and T.V. cable service shall be made available to the site. . 5) Any establishment requiring a CCPHU permit must submit plans for review and approval. SECTION TENt Subsection S.O2.F., Water and Sewer, of Section VIII, General Development Commitments, of the Berkshire Lakes PUD (Ordinance S3-46, as amended), is hereby amended to read as followst F. WATER AND SEWER 1) Water distribution and sewage co!lecti0n and transmission systems will be constructed throughout the project development by the developer pursuant to all ,o0, 215 Word= =~r;;h ~ ..... ~ are deleted~ words3a~tl~E~3a~ are added. -5- current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, hie assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County'e minimum requirements at which time they will be conveyed or transferred to the County, when required 1~ the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service. 2) All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and.transmission facilities must be reviewed and .approved by the Utilities Division prior to commencement of construction. 3) All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. ~_hculd the County .not ~_c in = ~ccitic= tc ~rcvi_~: =---tcr =~_~/cr .... , ................. =re ---v=il---~_l: tc ccr:: 4+ " · .... ·'· .......... ~ ......... 'Jtiliticc ""'·-x- will ..,&a___&_, ....... ......... · --rr-J Pet=~-Ic "'~" ~ .... ' ...... ,._., ~.. ~a .... ~._~ Shcul~_ '~' Count}' ........... · _~i:~oc:l f:oilitic: -· ........ -'--cot -'-11 &~ ......... · '~ .... &"'&"' -~e~=cn~-: f:~ tho f---cilitl== --· ..... =it= ............ trc---'.mczt .............. ;=rt ............. ;reject ~.u=t _~c r=g=r~_c~. .'c intofir.; they zh--ll ~ ,0, !][j7-..t218 Words-~a~-4h~h are deleted; words ~ are added. -6- ...... ' ~- a~ar.~ca_ t= [ravl~a ='afar =n~/cr ...... cans!utah% ~'!th State cf rlcr!dc =t:n~ard=. ~.1! Connection t= the County'= off ;i~c ~'atcr ~ All ~-atcr =n~/cr =c~'cr fa=llltlc= ccnctructcd ............ ~r= cat limit= faclllt~:=~ ~I~ 'jatcr and =c%':r fa=il~i== facll~t~c= ~nclu~n~ all util~ty ~=t:r fccil!tl== t= th= ===tcr ='afar utility talc=ant= I]67 217 Words :tr=::: "' ..... ~ are deletedS words ~ are added. -?- ..... = ~" ~- ~'~'-~- "'~-' ;y :n~ h I1 the prepc::~ utility =cn:tr~ctlcn and prior tc ............ ~" ~ ~e pro~eot's Developer(s), his assigns or successors shall nego~ia~a in 9o~ faith wi~h ~ha County Developer vould responsib~e Zor providin~ all on-si~e piping and pumping ~acili~ies from ~a Co~n~y~s poin~ o~ delive~ ~o ~he pro~ec~ and nego~i~a ~i~h ~he County ~o provide lull or partial on-si~e s~orage Zaci~i~ies, as retired ~ ~he Word: :t~==~ ...... k ars delGtedt words ~ are added. -8- ."_~". DEP consistent with the volume of treated wastewater to be utilized. Construction and ownership of the water and sewer facilities, includin any proposed interim water and/or sewage treatment facYlities, shall in compliance with be all Utilities Division standards, policies, ordinance, etc., in effect at the time construction approval is requested. ~pprcv---I -' .... '----"-- a ...... .. 4.. Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. SECTION ELEVEN~ Subsection 8.02.G, Hurricane Evacuation, o£ Section VIII, Ceneral Development Commitments, of the Berkshire Lakes Planned Unit Development (Ordinance 83-46, as amended), Is hereby amended to read as followsX HURRICANE EVACUATION .. f' 7 219 Word.- ::r~=h ....... ~ are deleted~ words ~ are added. -9- An acn:eeaent yam entered into on December 2~, ~993. !~r the Board o~ County Com~iseioners and William ~. Hi~e. President of Coas~ Com~unities Corporation. which specifies the actions which are recoanized as full comuliance and mitiaation of the HurriCane EVacuation reauirements of Development Order 83-1. as ~mended. and the Hurricane EVacuation measures of the Berkshire ta~e2 PUD, as . amended bv Ordinance 91-45~ SECTION TWELVE: Subsection S.02.H, Additional Commitments, of Section VIII, General Development Commitments, of the Berkshire Lakes Planned Unit Development (Ordinance 83-46, as amended), is hereby amended to read as follows: ADDITIONAL COMMITMENTS 1. Any platting which occurs after May 14, 1991, will provide for sidewalks on one side of any continuous road with an ADT of 2,000 which appears as part of said plat. In addition, within Berkshire lakes Unit 6, based on a current (March 1991} traffic analysis, a sidewalk shall be installed on one side of Dartmouth Drive and on one side of Lambton lane West between Dartmouth Drive and Barwick Place. 2. All excavations permitted within the Berkshire Lakes PUD will be subject to the provision of C=Illcr ........ e._er &~_ ~ ....... &a__ ~_aa ..... Division 3.S. E~cavation. of the Collier Count~ Land DeveloPment Code. 3. All future development parcels, whether single family or multi-family, shall be required to retain at least twenty-five percent (25%) of the existing native vegetation in existence as of May 14, 1991. The 25% native habita~ acreaae as provided on the PUD Master Plan. ~hall b~ monitored at each final subdivision Dlat submittal. The Detitioner shall receive credit from any phase where the amount is exceeded to be aPPlied tO a phase where it is not. In any phase of development where credit toward the 25% ~2 needed. the petitioner shall delineate on the fide1 subdivision Dlat the Dercentaae o[ viable naturally functionin~ native yeastation retained and/or areas of landscaDina and'open space which are planted with nativ~ species. The petitioner shall show the calculations on each final subdivision Plat which totals the overall 25% lot the Dro~ect build-out. 4. Zero lot line house, townhouses, and group housing will not be permitted in Unit 6 and Unit 7 of Berkshire Lakes. 5. Lots in Unit 6 shall be platted to provide a minimum of 6,300 square feet and 55 feet of frontage. g. Lot sizes in Unit 7 of Berkshire Lakes will be kept at a minimum of 7,200 square feet with a minimum width of 70 feet. These minimum sizes will be reflected in the final plat of Unit 7. No subsequent rapletting may reduce these standards. Word: :~r~:~ ....... are deleted; words ~ are added. ...... ~.. -10- SECTION THIRTEEN: The Exhibits o~ the Berkshire lakes Planned Unit Development (Ordinance No. 83-46, as amended), are hereby amended by adding Exhibit H-3 attached hereto and incorporated by reference herein. SECTION FOURTEEN: This Ordinance shall become effective upon receipt of notice £rom the Secretary of State that this Ordinance has been filed with the Secretary of State. PXSSED ~ DULY XDOPTED by the Board of County Commissioners of Collier County, Florida, this . Z/J . day of ~, 1994. A~T=~ ~lig .,~ ~;.'.. s O ~ B ~; ~ST~TXNE, Word= =~r=ck ~;==;h are deleted; words ~~ are added. -11- PROJECT SUMMARY R-I 21.1 Ae R-2 11.4 Ae C-.1 16 Ae Lakest Water Mgt. 73.1 Ae R/W 2'f,I & Buffeft 115,1 AC TotM Area 333 Acre ,T I 1%2oo' BOOK BERKSHIRE LAKES PARCEL 'F' · MASTER PLAN U.S.. HOME. CORPORATION STATE OF FLORIDA COUNTY OF COLLIER l, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Flortd~, do hereby certify that the foregoing is a true copy of: Ordinance No. 94-42 which'was adopted bythe Board of County Commissioners on the.lath day of September, 1994, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of September, 1994. Dwx0.T z. BROCK .~.~,.'f,....v.... '., C e Clerk of Courts and I l~k~'.... ., Ex-offlcio to Board of. ,:.".Z.,' ~ County Commissio re _ .... .~. By:/s/Maureen Kenyon · /~ ~ Deputy Clerk ' ~'~ w .' ' '