Ordinance 92-037 ORDINANCE NO. 92- 37
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102 THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING
ATLA~ MAP NUMBER 9502S; BY CHANGING THE
ZONING CLASSIFICATION OF THE HER-~.IN
DESCRIBED REAL PROPERTY FROM RSF-1 TO
"PUD" PLANNED UNIT DEVELOPMENT ~OWN AS
CAY L~GOON FOR TI{IRTY-TWO CONDOMINIUM ,_~.,
13NITS FOR PROPER~"~ LOCATED AT THE
$OUT~-~EST CORNER OF ORANGE BLOSSOM DRIVE
AND YARBERRY LANE, WHICH IS APPROXIMATELY ,..-,. un
i 1/2 MILES NORTH OF PINE RIDGE ROAD AND
APPROXIMATELY 1/2 MILE WEST OF
AIRPORT-PULLING ROAD IN SECTION 2, ~:~_~-.
TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF :~...
5.87 ACRES; AND BY PROVIDING AN EFFECTIVE
WHEREAS, Bill Hoover of Butler Engineerin4, Inc.,
representing Western Development of Naples, Inc., petitioned
the Board of County Commissioners to change th~ zoning
classif~cation of the herein describ~d real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
'Commissioners of Collier County, Florida:
~- '' The Zoning Classification of the herein descz-lbed real
property located in Section 2, Township 49 South, Range 25
East, collier County,, Florida,is changed from RSF-1 to "PUD"
" Planned Unit Development in accordance with the Cay Lagoon
PUD Document, attached hereto, as Exhibit "A" and incorporated
by reference herein. The Official Zoning AtlasMap Number
9502S, as described in Ordinance Number 91-102, the Collier
County Land Development Code, is hereby amended accordingly.
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed ~.ith the Secretary of State.
PA~SED ~D DULY ADOI~ED by the Board of County
C~ls~o.erl of Collier County, Florida, ~his ~ day of
CO I~ CO TY~ F~RIDA
;~ -~.,.-:-:, ,..---. CAY .LAGOON
,..I'",'~.-~,'T~.~' ..,Zo '.. = . . L" -
~ "'""~" '~': A PLANNED'UNIT DEVELOPMENT
'~ PREPARED FOR: '~""
~' WESTERN DEVELOPMENT OF NAPLES, INC..
~:' 761 12TH AVENUE SOUTH
~ "~"'""n~r~.=o, FLORIDA 33940 .~ .
· . ~o .,,
PREPARED BY:
BUTLER ENGINEERING, INC.
1645 COLONIAL BOULEVARD
FORT MYERS, FLORIDA 33907
, May 28, 1992
DATE FILED
DATE REVISED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC ~/26/92
ORDINANCE NUMBER 92-37
.' :
TABLv- OF CONTENTS
LIST OF EXHIBITS AND TABLES
~f~BIT AX~.i-=~'' P~']~.ASTER PT~N~WATI~R ~NAGZMENT PI2~N
H~IIB~' B ." :;':'LO~TION HAP
~IT C ~~Y ~ '
.q- · ~IT D ~~G ~ USE/~G~ATION/TOPOG~HIC/SOI~
~IT E ~ ~~H
~IBIT F S~S ~ SHOPPING FACILITIES ~
~TATEMENT OF COMPLIANCE
- .... ~ aevelopmsnt Of 'approximately 5.g7 acres of property in
iTE-igollier Cou~, as fl Planned Unit Development to be known as
~:,~-. Cay Lagoon will be in compliance with the planning goals and
,- ~-liDbJectivss ~.,~llie=~..County as set forth in the Growth
i~ Management ~n~ "The ~esidential and recreational facilities
. .i-of Cay Lagoon will be consistent with the growth policies,
land development re~ulations, and applicable comprehensive
i?~i~anning obJ_ec~ves~.~0F the following reasons:
1. The su~eCt'~ro6~'rty-rs' within the Urban Residential Land
Use Designation as Identified on the Future Land Use Map
,~. as required In Objective 1, Policy 5.1 and Policy S.3 of
the Futura Land Use Element.
2. The subject property's location in relation to existing
~t or proposed community facilities and services permits the
proposed development's residential density as described
,,:?. , in objective 2 of the Future Land Use Element.
if',',- 3. The project development is ~ompatlble and Complementary
,~ to existing and future surrounding land uses as required
,.~...<. in Policy 5.4 of the Futura Land Use Element.
· . 4. Improvements are planned to be in compliance with
applicable sections of the Collier County Land
:' Development Code as set forth in Objective 3 of the
~. Future Land Use Element. .
~., 5. The project development will result in an efficient and
~,~ . economical extension of community facilities and services
as required in Policies 3.1.~ and 3.1.L of the Future
Land Use Ele~ent. '
6. The project development is planned to incorporate natural
systems for water management in accordance with their
·. natural functton~ and capabilities as required by
· Objective 1.5 of the Drainage Sub-Element of the Public
,. Facilities Element.
~ . 7. The projected density of 5.45 dwelling units per acre is
~ in compliance with the Future Land Use Element of the
Growth Management Plan based on the following
relationships to required criteria:
Base Densit~ +4 dwelling units/acre
Within Trafffc Congestion Area -1 dwelling units/acre
Residential Inflll Bonus ~3 dwelling units/acrs
~ Haximum Permitted Density +6 dwelling' units/acre
~: ~'~11 f'l~al local~sv~'l~p~ent orders for Chis project ara
subJ~ to ~hs ColiCsr C.o.unt¥ Adequate Public Faciliti~s
Mar, aoo~,t-.~ - ':'::- 'sL..-. L . . . ' '
SECTION ONE
·: .'h PROPERTY O~dERSHTp ~D 0ESCRIPTiON
~e ~O~e of ~is Sect~'on.:is to se~ froth the location and
~e~g~l~=~- ~e prope~, and 2o describe ~he
cond~ions of ~e p~ope~y proposed ~o be developed unde~
proJec~ n~e oE Cay ~oon.
1.2 LEGAL DES~I~ION
~e s~Je~ prope~y being 5.87 acres, is described as:
~ no~ 1/a of ~ ~ 1/4 of the ~ 1/4 of the SE 1/4,
the east 30 fee= for R.O.W., of Section 2, To, ship 49 Sou~,
~nge 25 ~st, Collier County, Florida.
Dmvllo~ln= of Naples, Inc., 761 12th Avenue Sou~, Naples,
Florida 33940 from ~a~ B~de, 761 12~ Avenue Sou~,
Naples, Florida 33940. Wes=~ Developmen~ has
com~ol of ~e subJe~
1.4 G~ DES~I~ION OF PROP~
A. ~e subJe~ site ~s located a= ~e sou=hwes= co,er of
Orange Blossom ~ive and Yarbe~ ~ne, approxima=ely 1/3
mile west of Ai~o~-~lling Road.
B. ~e zoning class~fica~on of the subjec= property prior
~o approval of ~his P~ was RSF-1.
~. 5 P~SICAL DESk,ION
A. ~e project ~s located w~th~n =he Airpor= Road Canal (S.)
Sub-Basin and ~s part of ~e larger Golden Ga=e Basin.
~e Ai~o~ Road Canal (S.} Sub-Basin drains in=o
Ha~ Golden Ga~e' Ca,al a''short distance upstream from
Weir No. I on ~he Main Canal.
Water management for the proposed proJec= Xs planned ~o
be a combine=ion of dry re~en=ion areas and a lined
reflec=ing pond wt~h ul~ima=e off-si~e discharge.
B. Existing elevations on ~/~e site range from elevation 10.2
¥~.' to elevation 10.4. All of ~he site is located within
~'~'" Flood ZoneL wX# per. Flood Insurance Pate Hap Panel $383.
~. C~-.-'~ ~a are only ~o ~es of soil on ~e site. ~zell
Fine S~d is on ~a e~=ire site (approximately
.:.. ewcept for.~. ~. potion (approxima=aly 5%j of Keri
o~T.e:~e~ Sand l~a~oDg ~e eas~e~ ~d~e of ~e pr~pe~y.
:z:.=~l.;c~a~l~i~lcs w~a d~ived ~rom =ha Soil Su~ey
;: :of Collier~Co~y,-Florida, issued b7 the U.S. Depa~en=
of A~t~lt~a (Soil Conse~a=ion Se~ice) in Hatch 1954
~e a~plicant'~k0Posaa'=o cons=~c= 32 Upscale condomimi~s
~: 1.7 ~. ·
'~ .' ~is ~dinance s~11 be ~ and cited as Cay ~goon Planned
Un'i~ :Develo~ant ~ance.
........ - ~ ~ .. SECTION TWO
PROTECT DEVELOPHENT REQUIREMENTS
'- 2.1 ~..c:~ ~.'.. "._ -~'
+"" descr~I~l:::~h, e.' pro~c~':plan'..of, dev. elopm~n~, relat.ions~lps to
appli~I3~e'_~:~n~:.~f'.d~ak,::'the:~kpect~Ve land uses'Of the
~rac~s. ~L~C~-~ '~e' p=o~'eCC,='~s 'well as o~her proJe~
rela~o~h~ps.'
%:., Re~la=tonl for developmen= of Cay ~goon P~ shall
~7 ::~n~.-a~cordanCe.:wt~ ~hl'con~an=s of ~his do--an=, P~-
Pla~ed ~l~ Development Dia=rtc~ and other applicable
~U.-se~ions and pa~s. of~a Collier Coun~y~nd Developmen=
C~i in effe~ at ~he =ime of building pe~it
. applica~ion. ~ere ~hese re~la=ions fail =o provide
,~ .... devllo~ln~l'l~dardl ~hen ~he provisions of =he mos=
"~ s~lar zoning d~l~r~c= ~n =ha Collier County ~nd
' Development C~i shall apply.
B. Unless o~e~ile noted, ~a defini=~ons of all
shall ~ ~e s~e as ~e defini~ions se= 'fo~ in
Collier Co~ty ~nd Developmen2 C~e in effec= a2
=~e of ~lding pe~it application.
C. All conditions ~posed and ~aph~c material presen=ed
.. dep~ng res~i~ions for ~e developmen= of Cay~goon
~ shall become pa~ of ~e re~lations which govern
~e ~er ~n which ~e P~ site may be developed.
D. U~iIsl specifically waived~ough any variance or waiver
prov~lions from any o~er applicable re~lations,
pr~sions of ~ose ra~lations not othe~ise provided
for in ~is P~ remain in full force and effec=.
E. Davelopman= pe~t=ed by the approval of ~his
will be s~jec= to a concurren~ review under
.~.. prov~sions of Division 3.~5 Adequate Public Facili=~es
· of the Collier County ~nd Developmen= Code a=
aarl~as= or hex= ~o occur of ai=her Final SDP approval,
Final Pla= approval, or building peri= issuance
applicable ~o =h~s developmen=.
053 278
2,3 DESCRIPTIOH OF PROJECT P~AN AND PROPOSED LAND USES
A. The PUD Haster Development Plan (~xhibit #A#) generally
:... iljustrates the configuration of the single land use area
'' 'whose approximate breakdown is shown below:
...... .,~reeh, Ar.~&. ,[' ' 2.10±Acres
.h ..... 32u~ .Area _.. 1.??± Acres
: ...... D~lVes/Parkf~g Area 0.95~ Acres
Total ProJec~ 5.87± Acres
~.----'-Areas iljustrated as lined reflecting ponds by Exhibit
~,.shall.be constructed as shown on Exhibit "A". or, if
nOt-lined, ~hey shall be constructed, upon approval, as
=mq~r&d"b¥' the"Land Development Code, Section 3.5.
SuO~'~re~s.°sha~lbe'ln the same general configuration and
60fltaf~;thl's&me'general acreage as shown' by Exhibit "A".
Minor modification to all areas, lined reflecting ponds,
or or/let boundaries may be permitted at the time of Site
Development Plan approval, subject to the provisions of
Section 2.7.3,5.6 of the Collier County Land Development
Coda or as otherwise permitted by this PUD document.
C. In addition to the various areas and specific items shown
in Exhibit "A", such easements as necessary (utility,
private, semi-public, etc.} shall be established within
or along the various tracts as may be necessary.
2.4 DESCRIPTION OF ~ROJECT DENSITY OR INTENSITY OF LAND USES
~ A maximum of 32 multi-family residential dwelling units shall
be constructed in the total project area. The~gross project
area is 5.S7 acres. The gross project density, therefore,
will be approximately 5.45 units per acre.
2.5 RELATED PROJECT PLAN APPROVAL REOUIRENENT$
A. Prior to the recording of a Record Plat, and/or
Condominium Plat for all or part of the PUD, final plans
of all required improvements shall receive approval of
the appropriate Col}ier County governmental agency to
insure compliance with the PUD Master Plan, Division 3.2
Subdivisions of the Land Development Code, and the
platting laws of the State of Florida, as applicable.
.. S. Exhibit "A", PUD Master Plan/Water Management Plan,
;,i constitutes' the. required PUD Davelopma,t Plan.
~i~-~l~3{t.:~ o=..-concurrent- with PUD approval, a
~' PrelJnminary Sub~ivision Plat, if applicable, shall be
~" submitted for the entire Subdivision area covered by the
~ PUD Mas=er' Plan. ;uny division of propez~cy _and the
~'. deva£~p~ent of t-hi 'lanU shall be in compliance with
DiviWion 3.2 Subdivisions of the Land Development Code,
and the platting laws of the State of Florida.
.C. The provisions of Division 3.3 Site Development Plans of
'~h'~ Lah'd'D~Pef6pme~t c6dm', when applicable, shall apply
.. to the.development of all platted tracts, or parcels of
~and' as .provided in said Division 3.3 prior to the
~/ ~.~9~cp.of.~'bull~ing..permit or other development order.
D. ' ropriat,' "st ,nts will b, provid,d at th, tim, of
~nfrastz~Ctural improvements regarding any dedications
and method for providing perpetual maintenance of co~uaon
fa=llities.
2.6 MODEL~qITS AND SA~ES FACILITIES
In conjunction with the pro~otion of the' development,
temporary sales trailers~modular offices may be placed on the
site, t. he clubhouse may be temporarily used as a sales office,
and/or condomini~ms may be designated as models.
A. ' Temporaz7 sales trailers~modular offices can be
placid On the site in accordance with applicable
Collier County requlatory codes.
B. The clubhouse can be used as a temporary sales
office, subject to the requirements of Section
2.6.33 of the Collier County Land Development Code.
C. Such model condominiums shall be converted to
residential status within a two (2) year period,
unless othez~ise specifically approved by the
applicable County authority.
2.7 AMENDMENTS TO PUD DOC%~MENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Section
2.7.3.5 of the Land Development Code.
· 2.~ PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock piling in
prepa=agion of water management facilities or to otherwise
develop, wa[~j bodies 'will..be allowed. An excavation permit
will ])'e'~%t~u~d for the ~r°poued lake(s) ~n accordance with
Division 3';5. of t-he COllier County Land Development Code and
SFWMD_i-ules'-' If there is a suzq~lus of earthen material after
consi~rat'£O~ 'of fill .activities on those buildable portions
of th~'p~oJ6Ct sit~', tl~en its of~usite disposal is also hereby
permitted subject tO~'ths following conditions:
1. Excavation activities shall comply with the defini~ion
~r a.. "development excavation" pursuant to Section
~..5.~.1.3 of, the Land Development Code, whereby off-site
~.emoval'sha11' be limited to a maximum of 10% of the total
~ume,'~xcavated and shall not exceed 20,000 cubic yards.
2. All other provisions of Division 3.~ Excavation of the
Land Development Code are applicable if lakes ars to be
constructmd in place of lined reflecting ponds.
%
SEC~O~ THREE
H~DIUH DENSITY (LOW RISE) RESIDENTIAL GUIDELINES
Th~ purpoSe-for 'th~s ~action is to identify specific
de=eAopment'stand~rds.£or'.~ha'proJect shown on £~hiDit "A".
T~--maximum number of dwelling units within the PUD shall be
32 units.
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) Low r~se ~ulti-family structures.
B. Accessory Uses=
(1) Customar~ accessory uses and structures including
carports, garages and'utility buildings.
(2) Recreational uses and facili~ies such as swimming
pools, ~ennis courts, children's playground areas,
fishing piers~ boat docks, and basketball/shuffle-
board courts. Such uses shall be visually and
functionally compatible with the adjacent residences
which have the use of such faciliti~s.
(3) WaLking, bicycli~g, and Jogging paths wlCh exercise
fac~lities and picnic areas.
3.4 DEVELOPMENT STAN~ARD~ ~
A. ~ A11'criter~a listed below shall be understood
to be in relation to respective tract boundary lines or
between buildings except item 3.4B.(1)(a).
B. H~n~mum Yards;
(1) Principal structures=
(a) Setbacks from all exterior project boundaries
7
P 53 282
shall be 25' feet.
(b) Setbacks between principal structures shall be
" .-.-'. . 15 feat. HOWever, no windows shall oppose each
o~,Je~;.:-.:-- '~o~her withe horizontal'separation of le~s than
15 fast be=ween ~he windows of each building.
(c) Setbacks from the reflecting pond ars not
· required.
(2) Accessory Structures:
~ (a) Setbacks shall be as required by the Collier
--. County. Land Development Code in effect at time
C. Minimum Floor Aras:
' (1) For two bedroom units the minimum floor area shall
'~. be 1350 square, feet.
,~ (2) For~hree bedroom u~its~ha minimum floor area shall
be 1~00 square feat.
(1) For.principal_structures ,. 30 feet and 2 stories
a~ove ths'minimum base flood elavati'on.
(2) For accessory structures - 2S fast.
E. Perimeter ~uffer: ,
A landscaped buffer 25 feet wide shall ba placed along
the eastern, southern, and western boundaries of the
~-: project. ~ landscaped buffer 30 fee~ wide shall be
placed along the northern boundary and the northern 16
~:' fes~ of this buffer shall only be grassed area, that is
!:' located within the future 16 foot wide right-of-way.
These buffers sh~ll.inclu~a at a minimum: a fence or
? wall at least 4 feat in hekght, trees spaced no more ~han
25 feet on can=er, be at least 80% opaque up to a height
? of 6 feet within i year of plan~ing, and an 8 foot wide
Jogging path/vehicular maintenance access path.
F. Off-Street Parkin~ and ~oadin~ Rec~aireme~%~
~ Two (2) parking spaces per dwelling unit, plus a total
of two (2) parking spaces for recreational uses shall be
provided. No loading space shall be provided.
,oo, fl53,, ,283
SECTION FOUR
DEVELOPHENT COHMITH~NTS
4.1
The purpose of ~t~.i* 'SectiOn AS .to ,et forth the developme,~
co~mitments for-the development of this project.
All facilities shall be constructed in strict accordance with
Final Site Development Plans, Final Subdivision Plans and all
State and local laws, codes, and regulations in effect at time
of building permit application and applicable to this PUD.
Except where sp~clfically noted or stated otherWise, the
standards and ep~cifications, of the official Collier County
Land Development Code' shall apply to this project. The
developer, his successor and assigns shall be responsible for
the commitments'outlined in this document.
The developer, hie successor or assignee shall agree to follow
the Master Plan and the requlatione of this PUD as adopted and
any other conditions or aodifications as may be agreed to in
the rezoning of the property. In addition, the developer will
agree to convey to any successor or assignee in title any
commitments within this agreement.
4.3 PUD MASTER PLAN
A. Exhibit .A#~ PUD Master Plan iljustrates the proposed
development and is conceptual in nature. Proposed tract,
~ lot or land use boundaries or special land use boundaries
shall not be construed to be final and m~y be varied at
any subsequent approval phase as may be e~ecuted at the
time of final platting or site development plan
application, subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code, amendments
may be made ~rom ~ime to time.
B. All necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance of all service utilities and
all common areas in the project.
4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
An annual monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the Collier County Land Development Code.
9
::
:
4.5 ~RANSPORTATION
~ ~=i~.-:'l"he developer shall provide right-of-way along Orange
Blossom Drive ~o as to ~ee= minimum.collector road right-
..... ~f~y standards, .The right-of-way dedication shall be
~. =-~r:~cepte~ by- the Board'of County Commissioners prior to
processing of subdivision permitting submittals. A right
~. .. ~._'l;~turnlane on Orange Blossom Drive at the project entrance
~: shall also be provided.
%~ · BJ.: Th~. de--eloper shall provide collector level street
..'~ ~=:' lighting at the proJec~ entrance.
C;:'~''Tha~road 'impact 'faa shall be as set forth in Ordinance
sz~n~5-55~Tas ~mended£'and shall be paid at the time building
La:,a permits~are issued unless otherwise approved by the Board
oe~,~ CounCy~Comm~ss~oners:
D. Access improvements shall not be subject to impact fee
credits and shall be in place before any certificates of
occupancy are issued.
- 4 . 6 WATER 'MANAGEME~
"':': .. A. Prior to construction plans'approval, an a~alysts of the
capacity of the Orange Blossom Drive and Yarberry Lane
.. right-of-way drainage systems to handle this project's
discharge, shall be provided. Any improvements deemed .
necessary, shall be shown on the censtruction plans.
.¥
· B. Reflecting ponds shall be properly lined in order to
prevent any vegetation growth. Otherwise~ the pond shall
meet the minimum depth requirements as stated in Division
~. 3.5 of the Collier County Land Development Code.
~ C. The pond setbacks on the West and South property lines,
:~' as shown o~ the ~UD Master Plan, Utilities Plan, and
~ Drainage Plan, may be allowed as long as the entire West
and South property lines are fenced.
D. The pond setback~ on the'North and East property lines
'. will be determined at the time of construction plans
review, through an analysis of the AASHT0 Roadside Design
Guide.
Z. Ponds shall be aerated to prevent creation of anaerobic
conditions and to maintain water quality.
Any on-site water well shall be limited in location to
the far East side of the subject property.
10
G. Upon improvement of the drainage facilities east of the
~! subject site along Orange Blossom Drive, the developer
o. agrees to pay a "fair share" of the the improvement costs
~. so that the subject property's drainage flows east into
p~ect -&Se to be designed, constructed,
i&rve -~e
Conveyed, owned and maintained in accordance with Collier
County_.,Ordinance No. 88-?6, as amended, and other
ap~licable County rules and regulations.
B. All customers connecting to the water distribution and
~ewage .~oll~ction facilities to be constructed will be
~: ~l~ome~of _thilCo~nt~. Wnd will be billed by the County
£o"~Cc~rdanci]'w£th't~6.-~ounty'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 South side of Orange Blossom Drive consistent
' ' with the main sizing requirements specified in the
· County's Water Master Plan and ex~ended t~roughout the
· - ~ project. During design of these facilities, dead end
!.. mains shall be eliminated by looping the internal
pipeline network.
D. 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 wate~ to meet the
anticipated demands of the project and the District's
'~: existing committed capacity.
E. The existinq off-site sewage transmission facilities of
the District must be evaluated for hydraulic capacity to
· serve this project and improved as required ouCside the
,. project's boundary to provide adequate capacity to
transport the addiT~.onal wastewater generated without
adverse impact to the existing transmission facility.
:' F. The sewer line on-site shall be privately owned and
maintained. Homeowners Association documents must be
· provided with the Final Site Development Plan and provide
~-. for the property ownership and maintenance.
~o The ~eveloper ~nd &l~ sub~equen~ landowners are hereb~
placed on notice thaC Chey are re~ired ~o satisfy
~." .''_ r~Iremen~s of all Coun=y ordinances or codes in
prior ~o or concu~en= with a~y subse~enC
order =ela=i~o ~ts.ui=e.. This ~ncludes,.~= is not
~ l~ited=to, ~elimina~ Su~ivision Plat, Si~e Develop-
men= Plus ~' any o~e= applica=ion ~a= will-resul~
~e issuance of a final or final local developmen~ order.
B. Re~ired~ffers and se=backs shall be meas~ed from any
new righ=-of-way lines. Plans shall be revised
4.9 ~. .~ :: ....
. .~ a~Zh~'..~ ,. ~ ~
~ A. ~or to Final S~e Developmen~ Plan approval or f~nal
cons~c~ion plan/pla~' approvals, the applicanC shall
au~ all Federal, S~a=e, and ~cal
': dete~nat~ons and pe~s, waivers/exemp=ion
~f' de=o~naC~ons tha~ may rela=e ~o or affect ~he desi~
and layouC of said Final Sire Developmen= Plans or f~nal
co~~ion plans/piers.
N~c IF ~E ~PLI~ C~ OBTAIN WA~S OR
~IONS ~OH ~E SO~ ~RIDA WAT~ ~AG~
DI~ ~ A~.~. ~ ~PLI~LE AG~CIES ~
FO~NG ~IP~TIONS B, C, D, ~ E S~ ~PLYc
B. J~isdict~onal well,ds and/or mitiga=ion areas shall be
desl~a~ed as conse~a~ion/prese~a~ion ~rac~s
~ easemen=s on ~e Final Sire Developmen= ~ans or f~nal
~- cons~c~on plans and shall be recorded on ~e pla=
wi~n ~e public records of Collier County, wi~
protec~ive covenan=s as per or similar =o Sec=ion 704.06
~". of ~e Florida S=a=u=es.
C. All proposed mi=iga=ion for wetland impacts ~o Collier
: Cou~=y Jur~sdic~ional we=lands shall comply wi=h Appendix
7 of ~e Sou~ Florida Wa=er Hanagemen= Dis~ric= ~les
and be subJec= =o review and approval by the ProJec=
Review Se~ices Enviro~en=al SCarf.
D. If any non-lined lmpe~ious lake(s) are being proposed
~ere musC be a minimum separation distance between
pro~ected wetlands and proposed lake(s) of =we hundred
(200) feeC unless: 1) soil or o=her hydrological dace
such as lichen l~nes, wa~e~arks, e=c., clearly show
racer =able sieve=ions in =he we=lands will nec be
12
::
~_~..advsrsely a£fected; or 2) if the control elevation of
adjacent lakes is set to correspond to elevations of the
referenced ~lol~gica2 indicators; or 3) iff the 200 foot
separation distance..is waived by South Florida Water
~anagement District. '.
Z. Tht~on~o[e~evatkon. shall bo emta~lished which provides
h~d~operiods.-r.~that .:-reasmnably assure successful
:'~ r~storation,--preservation~ and/or enhancement of
we=lands. Control st~c=ure elevation dare,ina=ion
.-- shall be supposed wl~ engineering and biological data.
. F. ~is projeC= .l~es wi%him Collier County Groundwa=er
' P~ection Zone W-4. All development orders shall be
compliance wi~ Collier County Groundwater
:~[':. ~"' [O~ance 91-103 a2 2he time of approval, ~o ensure the
~-~ pro=et=ion of ~he County's groundwater resources.
4.10
All si~s shall be in accordance wi~h Division 2.5 of the
Collier County ~nd Development Code.
4.11 ~ING ~S
If ne.dad, roo~ shall be provided within co~ons areas for
~e p~ose of pe~t~ing residents wi~in ~he P~ ~o vote
d~ng all elations, per Section 2.6.~0 of ~e Collier County
~d Develo~en=- Code. ~e n~er and location of needed
ro~s shall be datelined by the Collier County Supe~sor
.. Elections.
4.12 ~S~ PRO, SION
.~.' ~t project developer shall make a good faith affo~=o obtain
,... a devllo~en= order for ~nfras~c=ure ~mprovaman=s including
.. utilities, roads,rand s~m~ar ~mprovemen~s re,ired by =he P~
Mas~er P~n for a~ leas= f~f~een (15%) of ~he gross land area
· . of the P~ within five (5) years of the date of P~ approval
~. by ~he Board of County Co~ss~oners; and shall make a good
faith .ffo~ =o receive a f~nal local development order for
a= leas= fifteen percen~ {'15%) of the Co=al number of approved
a' dwelling units within seven (7} years of the date of PUD
approval by the Board of County Co~issioners.
The ~Fo~J.ec'c ds..v, eloper shall submit to the Collier County
Planning Services Manager a status report on the progress of
development ...on .o.r..before the 5 year date. The singular
purpose .o.£ .th.~ report will be to evaluate whether or not the
project' ~,~s]' tom, eno'ed in earnest in accordance with the
criteria set' forth above.
-Shout'2
~.~:-~'~n~-i~n~-.-°_~irv-~c'~s.'.. Mana~:er determine' that the
dave~me.'n-~:~&& commenced in earnest, then the land shall
retain i~s existing PUD approval and shell not be subject to
additional .ray. law-.and . consideration of new development
standards or usa modification.
Semites Manager determine that
devel.o .pm~.~.nt.h~as not commenced i.n earnest, then upon review and
consi..d~r_'a't_'io.n of the 'r'e~ort provided by the owner and any
euppl~..men.~a. 1 :information. that may be provided, the Board of
Cou,.~' ~-~missioners shall elect one of the following:
'i. To extend ~. current P~D approval for a period of two
years or a gr~ 'er .period of time~ at the end of which
.t/~e, the swale= will again submit to the procedure as
defined herein.
2. ' ReqUire the owner to submi~ an amended PUD in which the
unimproved por~ione of the original PUD shall be
consistent with the Growth Management Plan. The existing
.... PUD shall remain in effect until subsequent action by the
Boar.d.on the submitted amendment of the PUD.
3. If the owner falls to submit an amended PUD w~thin 6
months of Board action to require such an amended
sub~ittal, the Board ~ay initiate proceed&~s to rezone,
and subsequently rezone the unimproved por~ions of the
original PUD to an appropriate zoning classification
consistent with the Future Land Use Element of the Growth
Management P, lan.
CAY LAOOON PUD
Location
* Project Site
,
!
IOKALEE
NAPLES
PARK
t ' NORTH Sc~l~:
~ NAPLES 1" = 2 miles
GULF OF
NEXICO
, /
NAPLES ~o
tt~o r, tsnfnT (o.t. sootc 4t~. P~zs z'~ & m)
"
IL ~ '~/m ~.--
_ - ~ .... ~ .-..ih.i~., ~,~,ff
CAY ~GOON PUD
EXIIIBIT C
.. ". 't~.) ,.~. '. ~. ~
#
EX/STING LAND USE/VEGETATION/TOPOGRAPHIC/SOILS MAP
.~XHIBIT . "D"
Amrial ,Pho~ograph
I £xhibit £
North ..... -
..... i-l--inch ~ 200 feet
.~. ' .~
. O=ange Bloksom Drive'
Project
$ite~
ect Site
.'4
Ya ~'be~'t-y Lane
~' CA'/ T-AGOON PUD
..... S£RVICES AND SHOPPING FACit. iTi£S MAP
Exh£bt t F
P=oJ'ec= S~te
I
- Se~ices ~
I · ~fllet ~unly
; ~rnmenl Center
? I ~ 4. 8o~ta Sptlngs Medical
,~., . [ No~h Naples Fir~ ~nltol
' * [ North Naples She61g's
i ; Shoppin~ Areas 0
' 1. Pavilion Shopping Center
2. Green T~ee S~p~ing Center
3. Ridgepoffi Shopping Centat
4. Coastland Mall
HEXZC0 .'
A N,PLES
,~' Scale In Miles '
~ST&~. OF FLORTDA" ]
~'~J~ES-C[:GTL~ES;*Clsrk of Courts tn and for the
her~ertt~ that the foregoing ts a t~e copy of:
Ordinance No. 92-37
which was adopted by the Board of County Comnissloners on . *~
the 26th day of May, 1992, during Regular Session.
WITNESS my hand ~d the offtcta~ sea/ of the Board of
C~ Coati.loners of Collier Cowry, Florida, this 2nd
~y of J~e~ ~992. . .~ .~;~..,
.~..,.- .,.,.:~ ~;~. ',..¥
: ...-
: - ~~~~'..f~ ........ ,.. ~ 't