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Ordinance 88-091ORDINANCE 88- 91 AN ORDIN.~NCE AMENDING ORDINANCE 81-7, WHICH ESTABLISHED T~E #BAY FOREST# PLANNED UNIT DEVELOPMENT BY ADDING NUMBERED SECTIONS AND PARAGRAPHS TO THE PUD DOCUMENT, ADDING SECTION--.01 INTENT AND PURPOSE, AMENDING SECTION .04-PERMITTED ACCESSORY USES AND STRUCTURES ADDING SECTION .14-PERMITTED USES FOR LOTS 1, 2, 16, 17, 18, 15, 14 A~ID ADDING SECTION .15-DEVELOPMENT STANDARDS FOR LOTS 1, 2, 16, 17, 18, 15 AND 14, AS RECORDED IN PLAT ~OOK 13, PAGES 27 T~ROUGH 29, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WHEREAS, on February 24, 1981, the Board of County Co~missioners al~proved Ordinance Number 81-7, which established the Bay Forest PUD; and ~{EREAS, Suncoast Development Corporation, representing Continental Financial, LTD, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance Number 81-7 by adding numbered Sectione and Paragraphs to the PUD Document, adding Section .01-Intent and Purpose, a~endtng Section .04-Pe~itted Accessory Uses and Structures, adding Section .14-Permitted Uses for Lots 1, 2, 16, 17, 18, 15 and 14 and adding Section .15-Development Standards for Lots 1, 2, 16, 17, 18, 15 and 14, as recorded in Plat Book 13, Pages 27 through 29, Public Records of Collier County, Florida. NOW, THER[:FORE BE IT ORDAINED by the Board of County Commiss~oners of Collier County, Florida~ SECTION ONEs Section of O=dinance 87-1, which established the Bay Forest Planned Unit Development is hereby amended as set forth in Exhibit #A~ to read as follows~ (See attached Exhibit "A") '~.~ 'A 1~.03 B319900 OB¥O~ ~0 )~B39.9 ~ECTION TWO~ This Ordinance shall beco~ effective upon notice that it has been received by the Office of the Secretary of State. DATE! · ATTEST:" ' JAR~S C...G.I~.~S, CLERK BOARD OF COUNTY COHHISSIONERS COLLIER COUNTY, FLORIDA BY:~ BURT L. SAUNDERS~ CHAIRI~AI4 BAY FOREST PLANNED UNIT DEVELOPMENT DOCUMENT J~lstrict Zone PUD Int. ent and l~urpose .t 02 The intent of this document is to provide for the harmonious and compatible arrangement of pri~ciple and"accessory uses ~in accordance with the approved Master P1an. DevelOPment reg~lations teat are den'0ted with underlining apply to only lots that are enumerated in Exhibit No, ! with the excePtioq of the f611owing provisions tH~'t apply to all lots~ Section .05 Maximum Gross Pro~ect Densityr Section .07 Dwelling Unit Dls~..ributtonr Section .08 Park and Recreational qpen Space Devqlopment~ Section .0~ Preserve Area Oevelopmentt Section 10 Master Plan Section .11 Operati0n~ Maintenance and Management~ and Section .~2 Transportation improvements. Permitted Uses Multi-family dwellings~ recreation facilities owned and used by all or portions of the project residents/ maintenance facilities which are ex~lusively used on behalf of ~roject maintenance activities. ~03 Permitted Usos Subject to Site Plan Approval Boat docks are o~ned and used by project residents. Boat dock plans shall be reviewed by the BAC prior to site plan approval. .,04 Per~itted Accessory Uses and Structures Accessory uses and structures which are customary in multi-family neighborhoods~ administrative and sales offices during the project sell-out period, which offices may either be temporary structures or may be temporary uses within permanent residential or recreational structures/ signs al permitted by Section ~ 8,31 of the County ~oning Ordinance. ~05 Maximum Gross Project Density 5.6 dwelling units per acre. shall not exceed ~97. "0~ Development Standards Total dwelling unit count A~ NlnLeu~ setback from the principal east/west collector street, and from westerly north/south access street which serves the high-rise sitesz 25 feet. -1- 033,,,,,'62 Minimum setback from the easterly minor residential streets: Principal buildings - 25 fa.ti ~arking ItrUCtUrOl - none {covered and uncovered parking may be integral with access drives). C_~. Minimum rear yard setback for sites abutting the lakes, parks or pool common areas: 25 feet. Hlnimum setback from bikeway parcels and other boundaries not covered above= 10 feet, or one-half the building height, whichever Il greater. E. Minimum separation of adjoining buildings on the same site: One-half the sum of the building heights, Additionally, the four tall buildings at the west end of the project may not encroach into the recreational open space area indicated on the master plan. Minimum dwelling unit floor area= 1,200 square feet. Maximum height of principal structures: As to the low-rise sites indicated on the master plan - 3 living stories (parking may occur under the first living story). As to the four hi-rise sites indicated on the master planl 15 living stories {parking may occur .under the first living story). H. Minimum offstreet parking: -- unit. ~,~07 Dwe. lling Unit Distrtbuttonl Two (2) cars per dwelling Dwelling unit distribution throughout the Bay Forest Project shall occur generally as indicated on the Master Plan. Upon site plan approval by the Director of the Department of Com~aunity Development, building site boundary lines may be modified; the distribution of two and three story structures may be shifted; ~nd units may be transferred from one lite to another, so long al the total project dwelling unit count does not exceed 697. Park and Recreational Open Space Development= Prior to tho issuance ~f permits for recreational and related structures in the parks, pool comons, and recreational open space indicated on the approved Master Plan, detailed site plans for the recreation development shall be submitted to and approved by the Director of the Department of Community Development. The recreational open -2- space area incorporated in the four hi-rise sites may be utilized for pools, pool decks, one-story shelter buildings and recreational structures and apparatus customary at multi-family buildings, but shall not be utilized for automobile drives or parking, or for residential development purposes. Preserve Area Developments No development shall occur In the Bay Forest preserve other than the walk/bikeway, boardwalk, gazebo, and berms indicated on the Master Plan. :10 Master Plan The approved Bay Forest PUD Master Plan has been approved as a subdivision master plan. Development Cc~muttments= .,11 Operationf Maintenancet i Management= A property owners organization shall be created and shall be assigned responsibility for operation, maintenance and management of all commonly owned lands and waters within the project. Prior to construction plans being approved, County enforceable documents establishing the above described management, operation and maintenance responsibilities shall be submitted to and approved by the County Engineer and put into effect. ,12 Transportation Improvements= The developers, at their expense, shall provide a northbound left-turn .lane and a southbound right-turn lane at the prbJect principal entryway from CRg01. These lanes shall be constructed before any certificates of occupancy are issued. The developers or the Bay Forest Property Owners Association, at their own expense, shall install a traffic signal at the intersection of the project entrance drive and CR901 when deemed warranted by the County Engineer. After installation, the signal shall be owned, maintained, and operated by the County. All traffic control devices used, excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices. ~13 Exceptions to CguntY Subdivision Regulations Article X, Section 16= The requirement for sidewalks within street rights of way shall be waived. All sidewalks shall be aa indicated on the PUD Master Plan. -3- 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 Centre! Devices. Street pavement painting, Itriping, and reflective edging requirements shall be waived. Article XI, Section 17 F. & G= Street right of way and pavement cross-section shall be as shown on the approved Master Plan. Street cross-sections shall be as follows~ Article XI, Section 17 H= The 1,000 ft. maximum dead-end street length requirement shell be waived. Article XI, Section 17 I: Back of curb radii at street intersections shall be a minimum of 30 ft. Article XI, Section K: The requirement for 100 ft. tangent sections between reverse curves of streets shall be waived. Article XI, Section 21~ The requirement for blank utility casings shall be waived. permitted Oses for Lots If 2f 14z. 15f 16~ 17f 18. Single family detached dwellings which may include zero lot line' and patio homes in areas which have been approved for such use in connection with approval of'a SUbdivision 'plat of record~ or whi'ch have been approved as a par~ of a cjuster housing'development site plan. Ce Two family/or multi-family dwellings in areas which have been approved for such use in conjunction with approval of a subdivision plat of record or which have been approved as part of a cjuster housing development site p/an. Dwelling unit types may include attached single fami~y{ townhousesf garden apartments{ villas and the like includin~ combinations thereof on lots reater than one acre that meet the landscapin~ and elf.ring etandards contained herein. ~ecreational facilities including swimming peeler tennis courts~ boat docks and similar kind. ofuaes for leisure activities~ maintenance facilities~., storage facilities for resident use only~ sales offices durin~ the project sell-off periodf and other kind, of accessory uses typically associated with ..single and multi-family dwelling, units. -4- Development Standards for Lots Ir 2r lir 15r 16r 17~ 10 l_~. Minimum Lot Area t Subdivided single family lots~ 6~000 square feet. Subdivided two family or multi-family sites~ 5,000 square feet per dwelling unit. Cjuster Housing: As may be approved during the Site Development Plan approval process using th· standards from the RSF-5 District regulations fro~ the Zoning Ordinance 82-2 as a guide for determining cjuster housing development standards[ howeverr the setbacks from'the lake and bike path may be less with the approval of the Planning and Zoning Director. Minimum Setbacks, 1_~. Subdivided single family lotsl Front yard~ 25 feet Side.~ard, ? 1/2 feet Rear yard= 25 feet Cjuster housing~ recreational and other accessory facilities~ As may be approved during the Development Plan approval process usin~ the standards from the Zoning Ordinance 82-2 as a uide for determining development standards~ owever~ the setbacks from the lake and bike path ~ay be less with the approval of the Planning and Zoning Director. Minimum Lot Widthl 1_~. Subdivided single family lores 60 feet. Subdivided two family or multi-family sites~ feet per ground floor dwelltn~ units. 5O Cjuster housin~ As may be approved durin~ the Site Development Plan approval process usin~ the standards from the RSF-5 District regulations from the Zoning Ordinance 82-2 as a ~uida for determining cjuster housin~ development standards. -5- D_~ Maximum Subdivided single family lots: 25 feet as measured from the finished ~rad· or from the minimum base floOd eleva'tion ~6q~i"red by the flood Zlevati°n Ordi'nance~ whichever is hi~her. Subdivided two family or multi-family sites: 35 'f~et as measured from the finished ~rade or from the ~nimu~" base flood'elevation required' by the Flood Elevation Ordinancer whichever is.higher. Cjuster housing: 35 feet as measured from the finished ~rade or from the minimum base flOOd ~levation required by the Flood Elevati°n Ordinancef whichever is hi,her. Z._ Minimum Dwelling Unit Floor Area: 1_~. Subdivided single family: One story: 1,200 square feet Two Story: If200 sqpare feet 2. Subdivided two family or multi-family sites: One Story: ,, lr200 square feet Two Story: .,1;200 square feet 3. Cjuster housing: One story: lt200 square feet ~o stor~:'lr200 square feet Minimum Off-Street Parking: 1_~. Subdivided single family lots: lot. ~o spaces per 2..:.. Subdivided two family or multi-family sites: spaces p~r residential ,,unit with' a minim6m · l/l parking spaces per unit paved and l/1 parkinq space par unit reserved for pavin~ ii aver deemed to be needed by the CoUhty. Cjuster hoUsinq: ,Two spaces per residential unit ~ith a.minimum of 1, 1/} parkin, t,spaces per unii, paved and 1/2 parking space per unit reserved for Paving if ever deemed to be needed bY'"'the Countyi -6- ~n, te, grat£on of Different Eousing Types= The following standards shall govern the mixing ~iff'~ran't hOusing tYPes On tracts greater than one acr~ as ara d.emed appropriate bY the Community Development Director. 1_~. Physical separation of housin~ types into discrete areas. Landscape or constructed barriers between d~fforent h6usi~g typos Shall' ~eet'at a minimumr the bUfferih'~''' standards Of Sectio~ 8,37 of the zoning ordinance 82;2 unless otherwise modifie~ by the Planning/Zonin~ Director at the time of Site D~v~lgpment Plan reVi~'~.' Separation of housiOg types by common amenities. Cjuster housin~ As may be approved during the site plan approval ProCess usin~ ,,the .Stands.fdaI from the District re~ulations from the %onin~ ordinance 82-2, 9, s' a ~uide fOr detorminin~ Cjuster hOusing standards~ ho~ovo~r the setbacks from the lake,and bike path may be less with the approval of'the ~!a~n~n~ and, Zonin~ Director. Znvironmental Standards for Lots 1r 2r 14r 15t 16~ lyf Said lots shall be subject to Ordinance 75-21t or ~he existing tree/ve~etation removal,, q~dinance at permittinq time, requiring the acquisition of a tree removal ~ermit prior to any land clearing. A site' ~learin~ plan Shall be submitted .,to the Natural Resources Management Department and /he Community DevelOpment '"DivisiOn for their review and approval prior.to any substantial workI on :"the site· This pian may be submitted in phases to coincide with the development schedule. The site ~Iearing plan sha~'l clearly depict how the final site layout incorporates retai~ed ~ative vegetation to the m"Ximum extent Possible and how roadsr buildin~sr lakes{ parkin~ lots and other facilities have been Oriented to accommodate this aoa!. -7- Native species shall be utilizedr where availabler to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management ~-partment and the Community Development Dtvisio~ for their review and approval. This plan will depict the incorporation of native species and ~h~ir mix with other speciesr if any. The goal of site landscaping sh~ll be the recreation of native ~egetation and habitat characteristics lost on the site during construction or due to past activities. Ail exotic plantsr as defined in the County Coder ~haii be removed during each phase of construotion from development areas~ open space areas~ and preserve areas, following site development a maintenance program shall be implemented t° prevent reinvaaion of the site by such exotic species. This planr which will describe control techniques and inspection intervais~ shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. If during the course of site clearing~ excavationr ~'r other constructional 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 ahd ~fficient manner so aa to provide only a minimal interruption to any constructional activities. The oiks on site shall be preserved or transplanted whenever feasible. This stipulation shall be implemented through the Tree Removal permitting process. Conceptual Site. Plan Review and Subdivision of Tracts for Lots Ir 2r 14~ 15~ 16~ 17'~ 18. 1) The developer of any tract must submit a Conceptual ~ite Plan for the entire tract prior to final Bite Development Plan submittal for any portion of the tract. The developer may choose not to submit a Conceptual Site Plan if a 'Site Development Plan' is submitted and approved for the entire tract. 2) The developer of any tract must submitt prior to or at the same time of application for a building permit~ a detailed Site Development Plan for his tract or parcel in conformance with the Zoning Ordinance Section l'~ pevelopment Plan Approval. This plan shall also sh°w the location and size of access to any tract that does not abut a public street. 3) In the event that any established tract as identified on the approved PUD Master Plan is proposed to be further divided in a manner that does not affect th· approved infrastructurer increase the number of dwell- ing unitsr increase density, change the dwelling type or change permitted uses within the tract~ the develop- er shall submit a revised PUD Master Plan indicating the division of the established tract prior to the submittal of a Site Development Plan for the development of such a tract. The revised PUD Master Plan shall be submitted to the Planning/Zoning Director for review and approval. Subdivision for Lots 1t 2~ 14~ 15~ 16~ 17~ 18 1) Any subdivision of the existing iota In Ba Forest shall require platting in accordance wi~ Btate Statutes and the Collier County Subdivision . Re~ulations. 2) Any proposed streets~ to serve additionally subdivided lotsr shall conform to the County Subdivision Regulations subject to the exceptions listed in the PUD Document. -9- wf~ i strep If.la~ fifty (~)'ffffft In vtdth ~flg ling the S~ " 31ne ~f ~t tet.12.ef Safd Sectl~ I ext~lng ~st~ly f~ ~" ". " ~t ~ttd ~uly 14, 19~, bC~ Be~g17 I~es~t ~. ;~ C~1~ ' ~ritJ~ tfld Scep~r Co~rittM as ~ce~ Jn the ~llc ~S of Co~Ji~ ~t~ in O.R~ l~k ~, P~ 235; t~e~e~ ,Jth tn eas~t for ~4~y to t~ Grantees I~ ~lr sucessors In tJ~Jet 411 i~ttJng . · .' ~s a~ ~ t~ ~blfc,.e~r.L.strJp of land stxty.(~} feet In. · .. ~rt~lr {fA) of ~e//ortheist ~lr~r (f[~) ~nd.~ S~tk*holf.(s~ ' [~st.h~ds~ 1lee ef safd SectS~ ~sterly to t~ S~tf~t c~f ef . C~) If SKt~m I. T~shlp 48 $~. ~e ~S hst. ~ ~ ~t f~t ~f. ' '. MAIN · R6AO (WEST'ERN SlOE ROAOS '~YPlCAL ~OAO SEC?ION' %;2' ;tab%Lzed lu~tlde tO a n$~ of tl1 deni~t~ aM r.I.P, o: 40 oe , - v"- . ExhXb£~ ~o. I /-. ANE OF APPLICA#T(S) ~ONTI.SNTAL PINANCIAL LTD. ~IIST NATIONAL PLAZA, SUITE ILLINOIS 60602 ~,0NIV[ISAL ENTZIPNISSS SUPPLY CO~PO~ATION, INC. ?~O~XT SNARING T~UST ~0~T LAUD~IDALE, FLORIDA 33308 /o ~AI~ICE ASSOCIATES STATION PLACE -MRTRO CENTER STANFORD, CT 06902 S3SO PELICAN BAY BLVD. NAPLIS, FLORIDA 33963 AGREEMENT I, Christian F. Renning of Suncoast Development Corporation, as owner or authorized agent for Petition PDA-88-SC, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on October 20, 1988. Ce 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 and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development Bchedule. 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 facil£ties have been oriented to accommodate this goal. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Cof~munity Development Division for their review and approval. This plan will depict the incorporation of native specios 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. All exotic plants, as defined in the County Coda, 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 reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Co~vnunity Development Division. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Regovrces M~na~ement Department notified. Development will be suspended for I001( 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 efficient =anner so aa to provide only a minimal interruption to any constructional activities. The oaks on site shall be preserved or transplanted whenever feasible. This stipulation shall be implemented through the ~ree Removal permitting process. It must bo determined through flow testing the adequate fire flove are available for the project. A letter certifying that adequate fire flows are available must be provided by the appropriate Fire Control District. Building permits will not be granted until these requirements have been met. Any subdivision of the existing lots in Bay Forest shall require platting in accordance with State Statutes and the Collier County Subdivision Regulations. Any proposed streets, to serve additionally subdivided lots, shall conform to the Collier County Subdivision Regulations subject to the exceptions listed tn the PUD document. The PUD document shall be revised in accordance with ~10 of the Staff Report. A revised PUD document shall be received by the Plannlnq Department by November 4, 1988 in order to ~eet the BCC Jesting requirements. Failure to co~ply with this requirement shall result in continuance of the petition. REPR~SEHTAT V~-~ FOR CCP - OF COMMISSION EXPIRES: PDA-88-SC AGREEMENT SHEET I, JAHES C. GILES, Clark of Courtm Jn &nd for the hereby certify that the foregoing lea true copy Ordinance No. 88-91 t~hich ~e adopted by the Board of County Conteelonere on the 22nd day of ~ove~ber, 1988, during Regul&r #IT~E$S ~y l~nd and the official eeal o~ the Board of Cottnty Couleelonere of Collier County, F~orlda, this 20th day of Noveaber, 1988. J~$ C. GILES '"'~'~'~'" "'.f~' Clerk of Courte and Cle~[ '".. ~.. E~-officlo to Board off.~ ,. ~C°unty~C°~leel°nere ~..~.. ~ i '} '~ ' i ~ ' Deputy Clerk