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Ordinance 89-091 Oi~)INA~rCE 89- 91 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-50, WHICH ESTABLISHED HAWK'S NEST PLANNED UNIT DEVELOPMENT BY CHANGING THE NAME TO ARBOR TRACE; BY MAKING PROVISION FOR ADULT CONGREGATE LIVING FACILITIES; BY REDUCING THE DENSITY OF THE MULTIPLE FAMILY HOUSING UNITS; BY REDUCING TNE NEIGHT OF SEVERAL PLANNED STRUCTURES WHILE RETAINING THE HEIGHT OF OTHERS; BY REDUCING THE FLOOR AREA OF A NUMBER OF THE TOTAL ALLOWABLE NUMBER OF DWELLING UNITS WHILE RETAINING THE MINIMUM FLOOR AREA OF THE REMAINDER; AND BY MAKING CERTAIN OTHER REVISIONS WITH RESPECT TO SETBACKS, SPACING BETWEEN PRINCIPAL AND ACCESSORY STRUCTURES AND STATEMENTS TO THE EFFECT THAT THE APPROVED MASTER PLAN DOES NOT CONSTITUTE A SUBDIVISION MASTER PLAN AND THAT THE STREETS ARE UNPLATTED ACCESS DRIVES ALL OF WHICH MODIFICATIONS APPLY TO PROPERTY LOCATED ON WEST SIDE OF VANDERBILT ROAD (CR-901), 1/2 MILE NORTH OF WIGGINS PASS ROAD (CR-888) IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 41 ACRES AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 13, 1982, the Board of County Commissioners approved Ordinance Number 82-50, which established the Hawk's Nest Planned Unit Development; and WHEREAS, William R. Vines, of'Vines & Associates, Inc., representing Naples Development Group, petitioned the Board of County Commissioners of. Collier County, Florida, to amend Ordinance Number 82-50 by changing the name to Arbor Trace; by making provision for adult congregate living facilities; by reducing the density of the multiple family housing units; by reducing the height of several planned structures while retaining the height of others; by reducing the floor area of a number of the total allowable number of dwelling units whi~ retaining the minimum floor area of the remainder; ~ by making certain other revisions with respect to ~.': setbacks, spacing between principal and accessory ~L] structures and statements to the effect that the approved master plan does not constitute a subdivision master plan ~nd that the streets are unplatted access c~'lves. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: Ordinance 82-50, the Hawk'e Nest Planned Unit Development of Collier County, Florida, is hereby amended to read as follows: See Exhibit "A" attached hereto and incorporated by reference herein. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. DATE: December 19, 19~9 . BOARD OF COUNTY COMMISSIONERS · ~;,...! ,.. COLLIER COUNTY, FLORIDA "ATTESTi' ,' -' BY: ~: :JAMES C. GILF~, CLERK BUR~'L. SAUNDERS, CHAIRMAN ~,-. , ..~ 'APPR ,AZ TO FO LEGAL SUFFICIENCY: KARJORI~ M. STUDENT ASSISTANT COUNTY ATTORNEY PDA-89-9 ORDINANCE AMENDMENT nb 1929 037, 213 'M June 5, 1989 HAW~S-NES'I: ARBOR TRACE PLANNED UNIT DEVELOPMENT DOCUMENT DISTRICT ZONE: PUD PERMITTED USES: Multi-family dwellings, recreational open space, recreation structures and facilities. PERMITTED ACCESSORY USES AND STRUCTURES: Accessory uses and structures which are customary in multi-family residential communities and In recreational open space areas; administrative and sales offices, which offices may be located in temporary or permanent structures, and may be located within a resldentlal or recreational structure= adult con--ate livlncl facilities which serve the p~o~ect residents and which are limited In scope so as not to require a Certificate Of Need and shall not constitute a Llcensed Skilled Nurslncl_ Home. MAXIMUM CROSS PROJECT DENSITY: S?7 5,3_.__~ units per acre, Total dwelling unit count shall not exceed ~9~ 21__~9 dwelling units, DEVELOPMENT STANDARDS: LOW-RISE MULTI-FAMILY SITES: Minimum building setback from s~reet Vanderbilt Beach Drive R/W: S0 feet frem-back-o~-carb for multi-family structures, 30 feet for accessory structures. The relationship of buildinqs to the access drives shall be as Indicated on the approved PUD Master Development Plan. Minimum setback from lake: None. Minimum separation between adjoining buildings: One-half the sum of' the building heights, but not less than 15 feet. oo Maximum building height: -3- _5 stories. Maximum dwelllnq units: 91 Minimum dwelling unit floor area: 1,000 square feet for · minlmum of 61 units, 725 square feet for a maximum of 30 units. Minimum offstreet parking spaces: 2 spaces per dwelling unit, 1 1/2 of which shall be improved, 1/2 of which may either be 215 improved or unimproved and landscaped. Planned, but unimproved spaces shall be improved at a future date should actual parking demands dictate that necessity, HIGH-RISE MULTI-FAMILY SITE: M[nlmum setback from the nearest re~iderrH~-~te puD boundary: 150 feet. Minimum setback from the nearest commons-prepertT-other-than-the access-drive adiolnlnq principal structure: 50 feet. The relationship of structures to the access drives shall be as Indicated on the approved PUD Master Development Plan. Maximum height of principal structure: 15 living stories (parking may occur under the first Ilvlng story). Maximum dwellinc1 units: 128 Minimum dwelling unit floor area: 1,000 square feet for a mlnlmum of 10[I unitsf 725 square feet for a maximum of 2ti units. Minimum offstreet parking spaces: 2 spaces per dwelling unit, 1 1/2 of which shall be improved, 1/2 of whlch may either be improved or unimproved and landscaped. Planned but unimproved 3 spaces shall be improved at a future date should actual parking demands dictate that necessity. COMMON BUILDING AND RECREATION FACILITIES: Minimum separation between {he-recreat~en common building and the nearest principal buildlnq: 1/2 the sum of the buildlnq heights. Minimum se, paratlon between tennis court fencing or other recreation structure taller than 5 feet, and the .pUD boundary the-commons-parcet-on-wh~ch-the-btr~ld~ ng-or-str t~ctare-occura .-, o,r a prlncSpa! structure: 25 feet. Minimum setbacks for an entry gatehouse structure located in the median of the entrance drive: None.- 25 feet from Vanderbilt Drive R/W. MULTI-FAMILY DWELLING UNIT DISTRIBUTION: Multi-family dwelling unit distribution s~all occur generally as indicated on the approved Master Plan. Two or more adjoining multi-family sites may be joined to beome a single development alto. With the approval of the Director. changes in side lot line location and in the distribution of multi-family dwelling units indicated on the approved Master Plan may be modified, so Boo, long as the total multi-family dwelling unit count does not exceed ~3~ _219. MASTER-PI=ANt 'Fhe-approYed-Master-l~lan-sha+l-else-cen s~it~-the-eppreved S t~bdi~i~ienoMa st er- Ptan ? STREETS: Streets within the project shall be privately owned and maintained unplatted access drives. AHostreets-w~t~n-the prc~ect-sha+l-be-d aszified-as-localt EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS: Article X, Section 19: Street name signs shall be approved by the County Engineer but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requiremetns shall be waived, except at the Intersection of the entrance drive and Vanderbilt Drive. Artlcle Xl, Section 17.F. ~; G.: Street right-of-way end cross section shall be as fo+lows.- shown on page 12. fSee-Page-7½ 037 Article XI, Section 17.H: The 1,000 foot maxlmum dead-end street length requirement shall be waived. Article XI, Section 17.1.: Back of curb radii at street Intersections shall be a minimum of 30 feet. Article Xl, Section 17.K.: The requirement for 100 foot tangent sectlons between reverse curves of streets shall be waived. Article XIo Section 21: The requirement for blank utilitiy casings shall be waived. TRAFFIC IMPROVEMENTS: The developer shall provide left and right turn lanes on Vanderbllt Drive at the project entrance prior to the Issuance of any Certificates of Occupancy. The developer or his successor in title shall provide a fair share contribution toward the capital cost of a traffic signal when deemed warranted by the County Englnssr. The signal will be owned, operated, and maintained by Collier County. UTILITIES: (The following material relating to utilities was extracted from the Utilltles Manager's memo of February 2~, 1982, directed to Mary Lee Klrchoff, Planning Department.) All onslte and oft*site utility facilities constructed by the Developer Tn connectin with the Development shal) be constructed to County Standards at no cost to the County and shit be deeded to the County Water-Sewer District, in accordance with applicable County OrdTnances and Regulations. All customers connecting to the sanitary sewer and water distrlbut]on facilities will be customers of the County Water-Sewer District and wlll be billed in accordance with the approved County Rate Structure. 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. As proposed, the rights-of-way ~ithln the project will be privately owned and maintained, ~pproprlate utility Easements dedicated to the County' Water-Sewer Distrlct must be provided for the proposed water and sewer facilltles to be constructed. -% All construction on the proposed sanitary sewer system shall utilize proper methods and materials to Insure water tight condltlons. 220 Potable Water - The ultimate demand for water for this propsed project is estimated to be 87,000 CPD. Due to progress of the County's Regional Wate System constructlon program, the allocation of water from the City of Naples will be increased as of July, 1982. Therefore, a sufficient supply of potable water should be available for' the proposed project. However, a problem may exist between 1982 and .1986 with regard to delivering adequate quantities of water to the project and to the overall area, with sufficient pressure. This IJmitation Js based on the fact that there Is no existing water main along C-901 {Vanderbilt Drive) between Wiggins Pass Road on the North and C-gq5 {Immokalee Road or 111th Avenue) on the South. The area north of Wiggins Pass Road is presently being served by a 12-inch water main whose capacity will become limited by 1986. However, the County's Regional Water Plan contemplates the construction, by 1986, of a 12-inch main between 111th Avenue and Wiggins Pass Road and the construction of a 1.0 mgd storage tank In the approximate vicinity of Wlggins Pass Road and Vanderbilt Drive. At that time the concern regarding adequate pressure and quantity of ware to that area should no longer exist. In summary, the availability of potable water to the proposed development will be marginal from the present time -. 7J through 1985. If the Developer will agree to a phased development of the project which will not burden the existing facilities, then approval of the project with regard to the availability of water facililtes is recommended. Sewage - It is estimated that the proposed development upon completion will generate approximately 58,000 CPD of average dally flow, The existing and authorlzed connectlons, to date, to the Sewer Area "A" system are estimated to generate a flow of approximately 1.67 MCD. The available treatment capaclty of the existing plant Is 1.$ MCD. Expansion of the existing facllltles to 2.5 MCD available capacity is now in the deslgn phase. At this tlme, it is not feasible to estimate when the proposed expansion will actually be completed. An additional restriction to provide adequate sewage treatment facilities to this project is the limited force main |transmission line) capacity t~at is avallable from the project area into the sewage treatment plant. The exlst]ng 20-inch force main along C-901 and the existing 12-Inch force maln downstream of the project area are approaching the limits of their ability to transmit the existing and authorized flows generated by the connections to the system. The program for expandlng the wastewater treatment 222 facilities also Includes the addition of new force mains to supplement the existing transmission facilities. In summary, the sewage transmission and treatment faclliites to the project area ara limited by the existing treatment facllities and the restricted transmlssion lines. Until the 'schedule of the expansion program, currently in the design stage, can be firmly established, it wlll be necessary to requlre this project to provide temporary ons~te treatment and disposal of the sanitary sewage quantities produced. If the Developer elects to proceed forward with the Project, based on 7 above, we require a written Agreement with the Developer of the Project stating that: be Any ons~te wastewater treatment facility to be constructed as part of the proposed project must be regarded as Interim. Connection to the County's Central Sewer faciliites will be made by the Owners, "their assigns or successors at no cost to the County or the County water-Sewer District within 90 days after such facilities become available. Design and construction of the onsite transmission facilities up to the project limits at the proposed point of future connection to the County's Central Sewage System shall be performed as pa~t of the inltial utilities constructlon. The Owner, their assigns or successors shall agree to pay all system development, charges at the time that Building Permits are requested, purusant to the appropriate County Ordinance and Regulatlons in effect at the tlme of Permit request. 11 30' TYPICAL ROADWAY DETAIL N.T.8. LEGEND ,~.. 12' 8TABIUZED"SU~(2RADELMINIMUM 8G% DENSITY F.B.V. 75 OR LS.R. 40 AS DESIGNATED-,~y COUNTY ENGINEER B. 6" LIMEROCK SASE PRIMED C. 1" ASPHALTIC CONCRETE TYPE''1~ D. GRASSED AREA 12 ,o. D37. 2Z5 AN ORDINANCE A~DING ORDINANCE 82-2 THE COmPREHEnSIVE Z~NZ~G REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, fLORIDA BY A~ENDING THE ZONING CRIBEO REAL PROPERTY fROg A-2 & A-2ST TO ~UO ~LANNED UNIT DEVELOP~£~C FOR "HAVKS KEST' LOCATED ON THE VEST SIDE or VAND£R- SILT DRIVE, SOUTH OF SAY FOREST~ AND BY PROVIDING AN £FrECTIVS DAT£. TtHEREAS, George RubintOno Trustee, petitioned the Board of County Coemieaionera to change the Zoning Clsssl££cstion of ~he herein described teak property: . NOV, THEREFORE RE IT ORDAINED b~ the Board'o~ County Com- missionera o~ Col~Ler County, r~orida: Section One! The Zoning ClaJa~/cation o£ the herein described real property located Ln Section I, Tov~ahip 41 Eouth, Range 2S Co~Ler County, r~or/da La changed ~tom A-2 & X-2S~ to PUD Planne · ~lt ~velo~enC tn accordance vith the PUD document attached hereto al Exhibit 'A~ vhich is inco~rat~ he~e/~ and by ~eferen made a part hereof. ~e O~icial Zoning Atlas Map Number, 46-25-3, as descried Ln ~dinancl 12-2, La hete~ amended accord /flgly. 037. ,: 226 mama HAtY)¢'S NEST PLANNED UNIT DEVELOPMENT DOCUMENT DISTRICT ZONE: PUD PERMITTED USES: Multi-family dwalll*ngl, recreational open I~)Sco, PERMITTED ACC~SO~Y US~ ANO STEUGTURE~ ~- A~sso~ u~s and statures which are cust~a~ In multl-~amlly resldentbl cobol:les and In r~reltl~l o~n spifl 8rea~; Idmlnlsir/tl~ and ~les otflces, wh;~ offlcts ~y h I~ated .In t~ra~ ~ per~nent stsc:utes, and may be I~ted within I residential or recreational structures. ~XlMUM CROSS PEOJECT DENSI~: S.7 units per acre. Total dwelling unlt c~nt shall not ex~eed 2~2 dwelling ~lts. 'DE~LO~ENT STANDARDS s ' LOW-ElSE MULTI-FAMILY SITES: MIn~ bulTdTng ~tback fr~ street: 50 ft. (mm back o( curb' for multl-t~ily statures, 30 ~. from back o~ curb for acces~ stsc:utes. Mlnimum setback from lake: None. of the ~lldl~g heights, but not less than IS ft. ~xlm~ ~lldlng height: 3 stories. Minimum dwelling ~It fl~ area: ~,OO0 lq.ft. ~ln~ o(~street parking spaces: 2 splcel pe~ dwelling unit, I~ of whl~ s~ll be Impr~ed, ~ or whl~ may elthe~ be Impr~ed .t er unlmp~oved end landsceped. Planned, but ~Jnlmproved speces shall tm Improved ztn fu~ur~ dat~ should ~c~u=l parking demands d~te thzt n*cesslt7. HIGH-RISE JlULTI-FK~ILY SITE: Mlnlm~ set~.ck from th~ nearest risl~.ntlal lite Nun~a~:, IS0 ft. MI~ set~lck from the nearest com~ns'properiy othe~ than the ,~,ss drive: SO ft. Mln~ ~tback from the access drive: None. ~u~ ~d*~ the flrs~ living sto~). ~Inimum dwelling unit ~r ilea: 1,000 sq.ft' Mln~um effstr*et pirklng spaces: 2'spices per ~wtlllng unit, which shell ~ Improved, ~ which may either be Improved or implied and bndKzped. Plinnid but unimproved spices s~ll or ot~r recreation st~cture taller than 5 ft., and the of the com~ns parcel on which t~ building or st~cturt ~dlan of the en~a~, drlvl: None. MULTI-FAMILY D~YELL~NC UNIT DISTRIBUTION: Multi-family dwelllng unit dlstr'lbutlon shell o~:cur generelly Is ln~llcete on the Ipproved Master Plan. Two Or more Id~in~g multi-family site my ~ ~lned to become i single dewlopment silo. With t~ Ippro~l of t~ Director, changes in sldl lot line ~atlon lad ~ ~l dlstrl- b~lon of multi-family dwelling units Indicted on the approved ~ster Plan ~y bi inedited, so Io~ as the ~cal multi-family dwelling unit count does ~ exceed 232. /b~STER PLAN: The epproved Master Plan shell IIso constitute the epproved Subdivision Master Plan. -2- STREETS: Streets within the project shall be privately owned and ~intslned. EXCEPTIONS ~O COUNTY SUB~WS~O, ~ECU~T~O,S: A~icle X, Section I~: Street na~ s[sns shall ~ approved by County Englneet but need ~[ ~et the U.S.D.O.T.F.H.~.A. ~nual on UniForm Traffic Control Dev~el. Street pavement p~lnt~g, ~trlplng, and refle~lve edging requirements shell be' waived, except at the Intersection of the entrance delve and Artiste Xl, Section 17.F ~ C.: 'Street right or ~y and 'cmss- ~ct~ s~ll be as follows: CSee Page 7) Article XI, S~tlon 17.N. ~ The 1.000 ft. maxlm~ dead-end street ~ngth r~ulrement s~ll be waived. . Article XI, S~tl~ ~7,1,= Back ~ curb radii It ~treet Inll~lct~f A~Ic~e Xl, Section 17.~.: The requl~ement ~o~ ~00 ft. ~ngent I~tlons between reverse curvel of streetl s~11 be waived. A~I~e XI, Sectl~ 21 ~ The requirement foe blank utility casings ~hell be ~alved. TRAFFIC IMPROVF, MENTS: The developer shall provld~ left end right turn lanes on Vanderbigt Drive st the pro~ect entrance prior to the Issuance of any Certificate of 0ccupse~/,. The developer er his lUCCIIIOr in title shall provide e falr share cOntribution toward the capital cost of a traffic signal when deemed warranted by the County Engineer. The signal will be owned, operated, and maintained by Collier County. UTILITIES = (The following material relating to utilities was extracted from tho Utilities Manager*s merr~ of Februa~"y 2e, lg12o directed to Mary Lee Klrchhoff, Planning 'Department.) -- 800~ ,All on-slte end off-sill utility fact!lolls constrtJcted by tho Devoloper In connection wlth the Development shall be con- stm~ctod to County Standards et no cost to tho County and shell bo deeded to the County Wet·r-Sower District. In · ICCOrdlKI with applicable County Ordinances and Regulations. All cvstomers connecting to the sanitary sewer and water dlstrlbutlon (acllltles will be customers of' the County Water- Sower' District and will be billed In accordance with tho approv County Rate Structure. Ail construction plans ·nd technical specl~c·tiona for the prop, Otlllty Flcllltles must be regiowed end approved by tho Utility Divlslon prior to commencement of construction. ),s proposed, the rights-of-way wlthln tho project will bo owned ·nd maintained. Appropriate Utility £asements dedicate( to the County Water-Sewer District must be prlvlded for the posed water end sewlr facilities tG be constructed. All construction on the proposed sanitary sewer system shell · utlllzo prc~er methods end materl&ls to insure water tight . condltio~ s. Potable Water- The ulU.aate demand for water f.o~ this proposec project Is ostlmatod to bo 17,000 t:PO. Duo to progress, of the ColJnty's Regional Water System construction program, the Illocltlofl Of. waler from the City of Naples will bo Increased of July, 1112..Therefore, · sufficient supply of potable water should be avalbble for the proposed project, However, i problem re.ay exist between I!12 and 1t1~ with regard to ering adequate quantities of water to tho project and to tho ove~lll area. with sufficient pressure. This Ilmitatlon Is basic on tho fact that there la no existing water maln along C-gO1 {Vanderbllt Drives between Wiggins Pas· Road on the North an C-tql (Immokalse Road or Illth Avenues on the South. Tho North of Wiggins Pass Road Is presently being served by · 12-inch wirer'main whose.c~lpiclty will becomo limited by I How~r, the County*a Regional Water Plan contomplata· the const~*uctlon, by I~8(~, of. a 12-inch main between Illth Avonu~ 037,,, 230 lad Mgglns Pass I~,oad and the construction of' a 1.0 mgd storage t~nk In the approximate vlc~ty of Wlgg[nt Pats and Vafldsrbttt ~rlve. At that time the coflctr~ re~ardlfl~ d~lopm~t will be m~rgln~l (rom the present tlme through I~ the-Developer will agr~ to I ph~s(d ~ve~pment o~ the proJ~t wlth regard to the availability of witlK ~ac[l]tles'Is ItC amended. . . Sewig, It Is estimated t~t the proposed dev,lopment upon complet~n will generate approximately SI.000 CPD o~ Ivernoe daSly fl~. The ex]stlflg I~d authorized coflflectbfls, to dat~. the Se~r Area "Ae system Ire estimated to generate · flow approximately 1.S7 ~GD. T~o a~llable t~eatmeflt capacity the existing plant Is I.S AtGD. Expefltb~ oF the existing licit Iths ~ 2.S MGD ava~ra~fe capacity Is now Iff the des~fl phas~. ,At this time, It Is ~t feaslbte ~o estimate wh~ the p~opos~ ~ expansion will actually be c~let~. . Afl od~tb~l restr~ct~fl to p~vi~ ad. oats sewage focllltbs to thls prof.t Is the I~lted fo~ce mlfl opacity the is. lyi[lo~lt fr~ t~ p~JeCt area Into the Ireat~flt plant. The existing 2~h force maln along and the existing 12-inch fo~ce main downstream of the area are approaching the I~lts oF t~lr ab]ll~ to transmit the existing and authorized flows ~e~e~oted by the con,orions to the syst~. The p~ogram for expanding t~ wastewater treat- mat facilities also Iflclu~ll ~4 addltbfl of new force ma~s tO s~premeflt the existing t~aflsmlss~fl facilities. tn summary, the sewage t~ansmlsslon and t~eatmeflt to tAe p~ofect a~ea a~e limited by the ex~stlng t~eatmant facil- Ities and the ~os~lcted t/ansmtssbn lines. Until ~he schedule I · Io firmly established, it will be necessary to ~'equlre this to provide temporer'lf on-site treat~nt ~nd dlspos~l of I~ t~ Develope~ elects to p~eed forward with the Project, bl~ an 7 e~e, we r~ulre a written Agreement w~th the Devaluer the Pre]~t stating that= a. A~y on-site wastewate~ treatment faculty to be constructed pa~ o~ ~e pro~d pro~ect must b. Conn~tlen to the Co~ty~ Contel. rode.by the Owner~ t~r a~slgn~ to the County or the C~nty Water-S~wee District within c. Design and ~nlt~ctlon of the ~-slto transmle.lon facillt~l ~ ~ the proJ~t limits at t~ pro~led ~lnt of future ,.~ ~t~ to t~ Co~l C~t~l Sewage Systm ~rfo~ed Is part or the initial utilities c~st~ction. d. ~e O~er, ~elr assigns or successors shall agree to ply Ill ~lte ~velopment c~arges Pemlts are requested, pursuant to the Ordi~nce and R~ulations In affect at ~e t~e ef Pe~[t r~uest.. TYPICAL ROADWAY D~TAIL' LEGEND thit Lt hal been ~L2ed vith the 3ec:ratiry ~.' BOARD OF COUNTY CONNZ$S~ONER$ COLLZ:R COUNTY. FLORIDA C, R, #RUSS' MIN£R, CHAZRMAN · ~rAT~OFF'CO~ ) ..' .I, WILLLM¢ 3. ~, ~ o~ ~s ~ ~ for ~e ~ntiech ~icial ~h~=h ~s a~t~ ~ ~e ~ard of C~ C~lsl~rs ~g ~lar ; ... ~erk of ~s ~ ~is e~e fil~ ~ ~ ~ta~ of State's office ~ 1912 ~ ~l~g~C ot ~c fling r~e~ ~is 2{th ~ of July, 19~2; ' ' HAWKdS-NES'F ARBOR TRACE November 1~, 1989 t PLANNED UNIT DEVELOPMENT DOCUMENT DISTRICT ZONE: PUD PERMITTED USES: Multi-family dwellings, recreational open space, recreation structures and facilities. PERMITTED ACCESSORY USES AND STRUCTURES: Accessory uses and structures whlch are customary in multi-family residential communities and in recreational open space areas: administrative and sales offices, which offices may be located in temporary or permanent structures, and may be located within a residential or recreational structure: adult conclreqate Ilvlnq facilities which serve the project residents and which are limited In scope so as not to require a Certificate Of Need and shall not constitute a Licensed Skilled Nursinq Home. MAXIMUM GROSS PROJECT DENSITY: S=7 5.3~ units per acre. Total dwelling unit count shall not exceed 232 21_~9 dwelling units. 1 Wo mls-s t r uc k- ~hreucjh-a ~e-d el(~ec~; words underlined are added. DEVELOPMENT STANDARDS: LOW-RISE MULTI-FAMILY SITES: Minimum building setback from street Vanderbilt Beach Drive R/W: S0 feet from-back-~-curb for multi-family structures, 30 feet for' accessory structures. The relationship of bulldinqs to the access drives shall be indicated on the approved PUD Master Development Plan. Minimum setback from lake: None. Minimum separation between adjoining buildings: One-half the sum of the building heights, but not less than 1S feet. Maximum building height: -3- _5 stories. Maximum dwelllnq units: 91 Minimum dwelling unit floor area: 1,000 square feet for. a minimum of 61 unltsf 725 square feet for a maximum of 30 unlts. Minimum offstreet parking spaces: 2 spaces per dwelling unit, I 1/2 of which shall be improved, 1/2 of which may either be 2 Wo~ds-s &~tf ck-~l,~reug4~ -a ee-deJe~e~; words underlined are added. Improved or unimproved and landscaped. Planned, but unimproved spaces shall be improved at · future date should actual parking demands dictate that necessity. HIGH-RISE MULTI-FAMILY SITE: Minimum setback from the nearest re~derrLqel-~te PUD boundary shall equal the hei.c/ht of the structure. Minimum principal building setback from the nearest commons propertT-o~her-than-the-access-dHYe adjoinlnq principal structure: S0 feet. The relationship of structures to the access drives shall be as Indicated on the approved PUD Master Development Plan. Maximum helght of principal structure: 15 Ilvlng stories (parking may occur under the first Iivlng story). Maximum dwelllnq units: 128 Minimum dwelling unit floor area: 1,000 square feet for a minimum of 10q unlts~ 725 square feet for a maximum of 2~ units. Minimum offstreet parking spaces: 2 spaces per dwelling unit, I 1/2 of which shall be improved, 1/2 of which may either be improved or unimproved and landscaped. Planned but unimproved 3 l~erds- s ~eu e k-4hreugh -a Fe-~el~a~:~; words underlined are added. ,00, 037- ,' 237 spaces shall be Improved at a future date should actual parking demands dictate that necesslt7. COMMON BUILDING AND RECREATION FACILITIES: Minimum separation between the recreat{on common building and the nearest principal buildinq: 1/2 the sum of the building heights. Minimum separation between tennis court fencing or other recreation structure taller than 5 feet, and the PUD boundary the-commons-parced-on-w~ch-~he-b~d~ng-or-stru~ture-occurs: o~ a prtnclpal structure: 25 feet. Minimum setbacks for an entry gatehouse structure located In the median of the entrance drive.' None.- 25 feet from VanderbIIt Drive RIW. MULTI-FAMILY DWELLING UNIT DISTRIBUTION-- Multi-family dwelling unit distribution shall occur generally as Indicated on the approved Master Plan. Two or more adjoining multi-family sites may be joined to beome a single development site. With the approval of the Director, changes in slde lot llne location and in the distribution of multi-family dwelling units Indicated on the approved Master Plan may be modified, so Werds-steuck-~h~eugh-are-d~,~:;~; words underlined are added. '-" long as the total multi-family dwelling unit count does not exceed ~3~ 21._.~9. 'Fhe-appro~,ed-Master-I~lan-shafl-etse-const~t~ff.-the-app ro~ed Sabdi~ien-Master-I~lan.- STREETS: Streets within the project shall be privately owned and malntalned unplatted access drives. AH-streets-vr~l~n-the pr~e~-shaSd-b e-da s~fi ed-a s--local? WATER MANAGEMENT REQUIREMENTS Detailed site draina.qe plans shall be submitted to the Project Revlew Services for review. No construction permits shall be Issued unless and until approval of the proposed construction In accordance with the submitted plans is granted by. Project Review, Services. . An Excavation Permit will be required for the proposed lakels) in accordance with Collier County Ordinance No. 88-26 and South Florida Water Manaqement rules. S words underlined are added. 037,, . .239 A 20 ft. wide strip of land alonq the entire lake frontaqer less the headwall~ shall be reserved for use as a malntenance easement for lake maintenance purposes. Appropriate littoral zone plantlnq mitlqatlon consistent with South Florlda Water Manaqement Distrlct is required and must ba Iljustrated on final site development plans as to location and slze. e. At the time for final site plan approval~ provide a copy of the South Florida Water Manactement District permit or Early Work pemlt. ~ ~NCINEERING REQUIREMENTS Detailed pavinqr qradlnqr site dralnaqe and utility plans shall be submitted to Pro~ect Review Servlces for review. No construction permits shall be Issued unless and until approval of the proposed construction In accordance With the submitted plans Is qranted by Project Review Services. Desitin and construction of all Improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Recjulatlons subject to exceptions qranted ~n the PUD Ordinance. $ Wcn'cls- str~ck-(Prr~-a re-deitieS; words underlined are added, Worx wlthin Colller County ricjht-of-way shall meet the requTre~nents of Collier County rio]hr-of-way Ordinance. 82-91. d. The project shall be platted in accordance with Collier County Subdivision Reg. ulations to define the ,,rlqht-of-w,ay~ tracts~ easements and preserve area as shown on the PUD Master Plan unless · condominium plat is filed over the entlre tract. In the event the proiect is not a subdivision or condomlnlum~ then a site development plan shall be submitted for approval for the entlre area encompassed by the PUD Master Plan. The minimum road elevation shall be determined by the peak steele for e 25-year 3-day storm event. UTILITIES REQUIREMENTS Water dlstrlbutlon~ sewaqe collection and transmission and Interim water and/or sewaqe treatment facilities to serve the prolect are to be deslqned~ constructedr conveyed~ owned and maintained in accordance with Collier County Ordinance No. 88-76~ as amended~ and other,, applicable County rules and recjulatTons. b. All customers connectlnq to the water distribution and sewaqe collection facilities to be constructed will be customers of the County and will be billed by the County In accordance with the words underlined are added. County's.e,stabllshed rates. Should the County not be in a position to provide water end/or sewer service to t~e prolectr the water and/or sewer customers shall be customers of the Interim utility established to set-ye the project until the County's off-slte water and/or sewer facilities are available to ,serve the project. Ce It is enticlpated that the County Utllltles Dlvlslon will ultimately supply potable water to meet the consumptive demand a..nd/or receive and treat the sewag, e qenerated by this pro~ect. Should the County system n,ot be In e position to supply potable water to the project and/or receTve the projectts wastwater at the time development commencesf the Developer~ ,at bls expense will Install and operate lnterim water supply and on-site treatment facil~ties and/or Interim on-slte sewaqe treatment and disposal facilities adequate to meet all requTrements of the appropriate re~. ulator"y aqencles. An agreement shall be entered Into between the County and,,the Developerf binding on the Developer~ his assiqns or successors,.,recJardlng any int, erlm treatment facilities to be utlllzed. The aqreement must be I~, allY sufficient to the Countyr, prior to the approval of construction documents for the p,roZect and be In conformance wlth ~he requirements of Collier County Ordinance ,No. 88-76~ as amended. We rds- s ~ Fick--t hr~dc~ -a Fe-dela~ec[; words underlined ere added. m If an Interim on-site water supply~ treatment and transmission facility is utillzed to serve the prolect~ it must be properly sized to supply averaqe peak day domestic demandf In addition to tqre flow demand at a rate approved by the appropriate Fire Control Distrlct servlclnq the prolect area. e. The existlnq off-site water facilities of the Dlstrlct must be evaluated for hydraulic capacity to service this project and reinforced as required, If necessaryr consistent with the County's Water Master Plan to Insure that the District's water system can hydraulically provide e sufflclen, t quantity of' water to meet the anticipated demands of the pro,act and the District's exi~tin.q commltted capacity... The exlstlnq off-alta sewecje transmission faculties of the district must be evaluated for hydraulic capacity to serve thls project and Improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater qenerated without adverse Impact to the exlstlnq transmission facilities. The on-site water distribution system must be connected to the Dlstrict's 12 Inch water main on the east slde of. Vanderbilt Drlvef extended to the prolect~ and looped. 9 Wa Fda--a4 ~uc~..thrx~.u~b .a ce_de[croci; words underlined are added. I. Dead end mains shall be ellmlnated by Ioopinq the Internal plpellne network , Ii. Stubs for future system Interconnectlon with adiacent properties shall be provlded to the south and north property lines of the pro]ectr at locations to be mutually aclreed to by the County end the Developer durinq the deslqn phase of the project. TRANSPORTATION/TRAFFIC REQUIREMENTS The developer shall provide lift end right turn lanes on Vanderbilt Drive at the project entrance prior to the issuance of any Certificates Of Occupancy. The developer or his successor In title shall provide a falr share contribution toward the capital cost of a traffic signal when deemed warranted by the County Engineer. The signal will be owned, operated, and maintained by Collier County. c. The qate house shall be operated In · manner to preclude backina pp traffic onto Vanderbilt Drive. de The developer shall dedicate 25 feet of rlqht-of-way alonq the west slde of Vanderbllt Drive. Said additional riqht-of-way shall be free of all prolect utilities. 10 Weeds-s* ~uck-4hr<~<jh -a ~e -det~-e<~; .w. ords underlined are added. 037:-24 1 '% The developer shall provtde arterial level street II htln et the E.~ect entrance, These lm_~.provements are considered "site related" as defined Ordlnance 8S-55 and shall not be a_p_plled as credits toward any. I~ ulred b that Ordinance. Petltloner shall be sub~[ect to Ordinance 75-21 [or the. treeiveqetation removal ordinance In existence at the tlme of ~Irln the ac ulsitlon of a tree removal permit prior to an*Z land clearln . A slte clearin lan shall be submitted to the Natural Resources Manac/ement Department for their review and sub ecl: to a royal rlor to an work on the slte. Th~ submitted in bases to coincide with the development schedule. The site clearlnc/_plan shall clearly. d.d_eplct how the final site layout Incorporates retained native veqetation to the maximum extent osslble and how roads bulldin s lakes arkln lots and other facilities have been oriented to accommodate this cloal. be Native s ecies shall be utilized as descrlbed below in the slte landsca in lan. A landsca ep_~..plan for all landsca~inq on the. .development shall be submitted to the Count. y_ Landsca~ 11 We~d s-s truck- ~hret~jh -aee-d~e+ed~, words underlined are added, ,o= and to s County Environmental Speclallst for their review and shall be subiect to their' approval. The landscape design shall Incorporate a minimum of 60% native plants~ by number~ lncludlnq' trees~ shrubs, and .qround cover. At least 60~ of the trees~ 60% ,of. the shrubsr and 60~ of t,he qroundcover shall be native species. At the dlscretlon of the County Landscape Architect or .County Environmental Spectalist,a hiqher percentacj, e of trees or ,shrubs can offset an equal percentage,of .qroundcover. For' example~ the use of 70% native trees could allow the use of only 50~ native qroundcover. This plan shall depict the incorporation of native species and their mix with,other speciesr if any. The goal of site landscaplnq shall be the re-creation of native ,.veqetation and habitat characteristics lost on the site durlnq construction or due to past activities. All exotic plantsr as defined' in the County Coder shall be r'ernoved durlnq each phase of construction from development areas~ open space areasr and preserve areas. Followlnq stte developmentr a maintenance pro,q, ram shall be Implemented to prevent re-invasion of the site by such exotic species. This planr which will describe control technlques and Inspection intervalsr shall be filed with and subiect tq,,approval by the Natural Resources Manacjement Department and the Community Development Division. 12 Weeds-st~.uek--threugh-dwe-deLe4ed; words underlined are added. " m If, durlnq the course of site clearlnq, excavation, or other constru.ct!o.nal .activitlesr an archaeoloqlcal or historical-site~ artifact,, or other indicator is discovered, all development at that location shall be ;mediately stopped and the Natural Resources Manaqement Department notified. Development will be suspended for a sufficient lenqth cdr time to enable the Natural Resources Manacjement Department or a desiqnated consultant to assess the find and determine the proper course of action in reqard to its salvaqeabillty. The Natural Resources Manaqement Department wi11 respond to any such notlficatlon in a timely and efficient manner so as to provlde only a minimal interruption to any constructional activities. e.. Applicable Florida Game and Fresh Water Fish Commlssion requirements related to protected plants end animals shall be met prlor to final site development plan approval. 13 words underlined are added. I, William Vines, representing Naples Development Group, for Petition PDA-89-9, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on November 16, 1989. CONSOLIDATED PUD DOCUMENT During the review process a number of issues arose which resulted in the stipulations listed herein and also in an identification of PUD document regulations which were found inappropriate and/or contrary to existing County ordinances or development policies. This agreement shall threfore require the resubmission of a consolidated PUD document reflecting all of the stipulations and changes hereinafter stipulated or identified prior to the approval of the Board of County Commissioners. 2. WATER MANAGEMENT ae Detailed site drainage plans shall be submitted to the Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. be An Excavation Permit will be required for the proposed lake(s) in accordance with Collier County Ordinance No. 88-26 and South Florida Water Management rules. Ce A 20 ft. wide strip of land along the entire lake frontage, less the headwa11, shall be reserved for use as a maintenance easement for lake maintenance purposes. Appropriate literal zone planting mitigation consistent with South Florida Water Management District is required and must be iljustrated on final site development plans as to location and size. At the time for final site plan approval, provide a copy of the South Florida Water Management District permit or Early Work permit. EXHIBIT "A" -1- Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations subject to exceptions granted in the PUD ordinance. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 82-91. The project shall be platted in accordance with Collier County Subdivision Regulations to define the right-of-way, tracts, easements and preserve area as shown on the PUD Master Plan unless a condominium plat is done over the entire tract. In the event the project is not a subdivision or condominium, then a site development plan shall be submitted for approval for the entire area encompassed by the PUD Master Plan. If this project is not going to be subdivided, remove all exceptions to the Subdivision Regulations from the PUD document. Remove old water management calculations and lake cross-sections from PUD document as these are out-dated. The minimum road elevation shall be determined by the peak stage for a 2S-year 3-day storm event. f. The minimum roadway width shall be 24'. Revise plans accordingly. The Utilities Section of the PUD document shall be replaced with the following= a. WaGer distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with EXHIBIT #A" -2- be Ce Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulat£ons. 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. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wast.water at the time development commences, the Developer, at his expense will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, hie assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of Collier County Ordinance No. 88-76, as amended. d. If an interim on-site water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. 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 EXHIBIT "A" -3- to meet the anticipated demands of the project and the Dlstrict'e existing committed capacity. 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 projects boundary to provide adequate capacity to transport the additional wast.water generated without adverse impact to the existing transmission facilities. The on-site water distribution system to serve the project must be connected to the District's ~2 inch water main on the south side of Immokalee Road, extended eastward to the east side of the project's entrance roadway consistent with the main sizing requirements specified in the County's Water Master Plan and looped to the District's 6 inch distribution system serving ~uail Woods Estates. During design of these facilities, the following features shall be incorporated into the distribution system: Dead end mains shall be eliminated by looping the internal pipeline network. ii. Stubs for future system interconnection with adjacent properties shall be provided to the east, south and north property lines of the project, at locations to be mutually agreed to by the County and the Developer during the design phase of the project. TRANSPORTATION/TRAFFIC All transportation related stipulations contained in the original PUD ordinance shall apply to the amended ordinance. The gate house shall ba o~eratad in a manner to preclude backing up traffic onto Vanderbilt Drive. The developer shall dedicate 25 feet of right-of-way along the west side of Vanderbilt Drive. Said additional right-of-way shall be free of all utilities. The developer shall provide arterial level street lighting at the project entrance. EXHIBIT "A" -4- These improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. a. Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. b. Native species ~ha11 be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the groundcover shall be native species. At the discretion of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of groundcover. For example, the use of 70% native trees could allow the use of only 50% native groundcover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. c. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval EXHIBIT "A" -5- by the Natural Resources Management Department and the Community Development Division. d. If, during the course of site clearing, excavation, or other constructions! activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efflolent manner so as to provide only minimal interruption to any constructional activities. e. The final site development plan shall comply with all elements and objectives of the Collier County Growth Management Plan, Conservation and Coastal Zone Management element including but not limited to preservation of gopher tortoises and xeric oak scrub habitats. The two aforementioned requirements must comply with the Florida Game and Freshwater Fish Commissions protected species management guidelines and the vegetation preservation provisions of Ordinance 89-58. Implementation of the referenced wildlife and habitat provisions may require adjustments to building and lake siting and should be anticipated as possible County review considerations. ~TXTXON~-R OR AGENT REPRESENTATIVE FOR CCPC SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 1989. SEAL :~.NY COMMISSION EXPIRES: NOTARY ~ PDA-89-9 AGREEMENT SHEET ~,,, nb 1967 EXHIBIT "A" -6- BTATEOF FLORIDA COUNTY OF COLLIER Z, JAN~S C. GILES, Clerk of Courta In and for the T~entteth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing ts a true copy of: · Ordinance No. 89-91 which' was adopted by the Board of County Commissioners on the 19th day of December, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of '' County Commissioners of Collier County, Florida, this 21st. day of December 1989. .'; JAMES C. GILES -'; ' ~& : Clerk o~ Courts and Clerk' '' Zx-offlcto to Board of ',;, /, .."# County Commissioners Deputy Clerk