Loading...
Ordinance 86-70OEDI~CE 86- 7fi A/q O!~DINANCE AHENDIIqG ORDINANcE 82-2 THE COH- pF. EHENSZVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLXER COUNTY, FLORIDA BY AKENDING THE ZONING ATLAS MAP NUMBER 50-26-3 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN . DESC~.IBED REAL PROPERT~ F~OM A-2 TO "PUD" '~ ;U"PLAN~ED UNIT DEVELOPKENT KNOWN AS LAUREN PINES ~ ':'..-FOR ]&& MIILTI-FAMIL¥ DWELLING UNITS FOE PROPERT~ :'<'~LOCATED ON TH~ SOUTH SIDE OF RADIO ROAD, JUST ~' ,.-.'S~EAST OF Tf[E FLORIDA POWER AND LIGHT TRANSMISSION ~.- ~c.:LINE, WHICH FORMS TKE EAST BOUNDARY OF FOXIRE c~~ :~-JPUD IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 -~?~_~EAST, + 20.88 ACRES; AND PRO¥IDING AN EFFECTIVE c~__ c~ DATE. ~H'-a~S, Vines and A~eoc~atee, representing )~Lchael H. O' ~ra, pe~iti~ed =he ~ard of ~y C~ssi~ers ~o c~ge ~he Zon~g C~sifica~i~ cf ~he here~ described real proper=y; N~, ~~ BE IT O~AI~ by ~ha ~ard of ~un~y ~esi~ers of ~llier ~, Florida: ~e Z~ C~aifi~ion of ~he here~ described real proper~y l~ed ~ Sec~i~ 6, T~hip ~0 S~h, ~ge 26 ~, ~ier ~=y, F~da is c~ed fr~ A-2 =o "P~" P~ed ~i~ D~al~ ~ accor~ce ~h ~he P~ doc~n~ a~ached hereto aa ~hibi~ ~ch ~ ~co~ora~ad hera~ ~ by refarlnce ~de par~ hewe~f. Offic~l ~ A=~s ~p N~er 5~26-3, as described ~ 82-2, ~ hereby ~ld accord~gZy. ~s ~dt~nce s~ll bec~ effective up~ recetp~ of ~tce ch~ is has been filed ~h the Secrt~lU of DATEI __OCtc~t~r___ 14, 1986 J~U~ES C. CII. ES, CLE~ BOARD OF COUFI'Y CO~KISSIONERS COLLIE~ COUlqT~, FLOP. IDA 1-86--23C Ordinance flied wld'l me LAUREN PINES PLANNED UNIT DEVELOPMENT DOCUMENT PREPARED BY Vines & Associates, Inc. 715 Tenth Street South Naples, Florida 339q0 (813) 262-q16~, Exhibit "A" Date Approved by CAPC:Be~t. Date Approved by 'Ordinance Number: 86-70 INDEX SECTION PROPERTY OWNERSHIP AND DESCRIPTION II PROJECT DEVELOPMENT III DEVELOPMENT REGULATIONS IV ENVIRONMENTAL REQUIREMENTS V TRAFFIC REQUIREMENTS VI UTILITIES REQUIREMENTS VII WATER MANAGEMENT REQUIREMENTS VIII RECREATIO:~' FACILITIES AND FEES PAGE 3 - 6 - 9 - 12 13- 21 22- 2 5 8 11 20 24 Revised 9-23-86 LAUREN PINES P.U.D. DOCUMENT SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1. PURPOSE The purpose of this Section is to set forth the location and owner- ship of the property, and to describe the existing conditions of the property to be developed under' the project name of: LAUREN PINES 1.2. LEGAL DESCRIPTION The subject property ir 20.88 acres In area. It is described as: The west half of the northeast quarter of Section 6, Township S0 S, Range 26 F, less the north 50 feet {Radio Road right-of-way J, less the east 212 feet and less the west 110 feet (Florida Power $ Light transmission line right-of-way) 1.3. PROPERTY OWNERSHIP The proper~y ~s currently owned by Michael M. O'Mara, Trustee 1.q. GENERAL DESCRIPTION The project site is long and narrow, approximately 338 feet by 2,690 feet. It Is located on the south sle:e of Radio Road, just east of the Florida Power and Light transmission li~- which forms the east boundary of Fox Fire Subdivision. Zonincj classification of the property is A-2. The property lies in area C of the Collier County Water/Sewer District, and within County Water Management District #6 1.5. PHYSICAL DESCRIPTION Elevations of the property range from 8.5 to 9.~ feet above mean sea level. The site contains no wetlands end has never been cleared, It is vegetated with attractive pine and associated upland vegetation. Natural drainage from the property is southwesterly. Water mana(jement for the planned project will be of the lake and dry retention type, with surface discharge flowing into and through the Fox Fire water management ~ystem, ultimat, ely discharging to Rock Creek. Soil types on the site are Arzell fine sand and Sunnyland t*Ina sand.. 2 SECTION II PRO,/ECT DEVELOPMENT 2.1. PURPOSE The purpose of this Section is to set forth basic development regulations and to generally describe the project development plan. 2.2. GENERAL Development of this project shall be governed by the contents of thls document and applicable sections of the Collier County Zoning Ordinance. Unless otherwise noted, the definitions of all terms Shall be the same as the definitions set forth In the Collier County Zoning Ordinance. 2,3. PROJECT PLAN A. The project development plan is graphically indicated by Exhibit "C", the PUD Master Plan. The plan Indicates building sites, drives, parking areas, recreational facilities and open space, and water management areas. In addition to the plan elemel~ts shown on Exhibit "C", such easements and rights of way shall be established within or adjacent the project site as may be necessary or desirable for the service, function, or convenience of the project. C. The PUD Master Plan is al~o the Subdivision Master Plan. 2.11. MAXIMUM PROJECT DENSITY No more than a maximum of 1~ multiple family dwelling units shall be constructed in the 20.88 acre total project area. Gross project density shall not exceed 6.9 units per acre. 2.5. EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS The following Subdlvlsion Regulations shall be waived, subject to the development being constructed in essential conformity to the approved Master Plan. 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 of Uniform Traffic Control Devices. Street pavement painting, street striping, and reflective edging requirements shall be waived. ,oo /24 3'01 Article )CI, Section 10: The requirement to Install monuments in a typical water valve cover shall be waived. C. Article XI, Section 17.G.: The requirement that local roada have two 12 foot travel lanes shall be waived. D. Article Xl, Section 17.H.: The 1,000 foot length dead end street maximum shall be waived. E. Article Xl, Section 17.1.: The ttO foot curb radius standard shall be waived. Article Xl, Section 17.J.: The requirement that curved streets have a minimum tangent of 100 feet at Intersections shall be waived. Article Xl, Section 21: The requirement for blank utility caaincjs shall be waived. Appendix "D" the local road typical sections shall not be applicable. $ SECTION III DEVELOPMENT REGULATIONS 3.1. PURPOSE The purpoee of this Section Is to set forth the development regulations applicable to the pro!~ct indicated on Exhibit "C", the PUD Master Plan 3.2. USES PERMITTED No building or stru,ture, or part thereof, shall be erected, altered or used, or I~nd use, In whole or part, for other than the following: · A. Principal Usaa: I. Multiple family dwellings B. Accessory Uses: 1. Accessory uses and ~'tructures customary in multiple family residential projects, Including recreational facilities. $ 2. Project sales and administrative offices, which may occur in a multiple family residential building or in a recreational building. 3. Signs as may be permitted or required by the Collier County Zoning Or'dlnance In effect et the time a permit is r- quested. #. Temporary sewage treatment facilities, which may serve the project until public or other off-site sewerage service is available. The sewage treatment plant shall be setba~x a minimum of 50 feet from the exterior project boundary.. 5. At the option of the Collier County Supervisor of Elections, any community recreation building within the project may be utiltzt~J as a polling place during general or special elections. 3.3. MAXIMUM DWELLING UNITS A maximum of l~Zl dwelling units may be constructed in this 20.a8 acre project. 3.a. REGULATIONS 3.#.1. GENERAL: All yards, setbacks, etc. shall be In relation to the overall project boundaries. 7 3.q.2. MINIMUM SETBACKS; Project Boundaries: No principal structure may be closer than 30 feet to a project boundary, nor closer than 15 feet to a paved drive or parking area. i;f, .,:; ,, Building Separation: No two principal structures may be closer together than 20 feet, or one half the sum of the bullding heights, whichever is greater. MINIMUM FLOOR AREA; 1,000 square feet OFFSTREET PARKING REC~UIREMENTS; 2 spaces per dwelling unit MAXIMUM HEIGHT; Two stories LANDSCAPING: Minimum landscaping requirements shall be as permitted or required by the Zoning Ordinance In effect at the time a permit is reque~ ~ed. 8 SECTION IV ENVIRONMENTAL REQUIREMENTS 4.i. PURPOSE The purpose of this Section Is to set fnrth the requirements established by the Environmental Advisory Council. The development of the project shall be subject to these requirements: 1. Clearing and filling should be kept es minimal as possible. The lakes should be of the smallest sizes acceptable for County water management requirements while at the same time preventing/ reducing off-site drainage of stormwater. A mitigation plan for ravegetatlon must be submitted to and approved by Natural Resources Management Department (NRMD). There will be a target to replace ~0% of the removed trees that are over ~ Inches in diameter at breast height (DBH) with natlve tree species; upon request, NRMD will recommend species, types and dlstrib~tions; additional recommendations can be garnered through Chris Anderson, State Division of Forestry (Radio Road Office, 77u,-1210). Mitigation plans must be submitted no later than at :he time of site plan review. 9 024- 306 Developer to make reasonable attempt to save the 19 Inch DBH pine tree located approximately In the center of the project, by maklng minor adiustments to location of buildings, paving, arc, 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 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. 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 Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The cjoal of site landscaping shall be the re-creation of native vecjetation and habitat characteristics lost on the site durincj construction or due to past activitlfls. All exotic pier,ts, as defined in the County Code, shall ba removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance pro<jram shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control 10 024,,,,-.: 307 techniques and inspection intervals, shall be filed with end approved by the Natural Resources Management Department and the Community Development Division. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifacts, or other indicator is discovered, all development at that location shall be Immediately stopped and the Natural Resources Management Oepartment 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 · alvageablllty. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal Interruption to any constructional activities. 11 SECTION V TRAFFIC REQUIREMENTS 5.1. PURPOSE The purpose of this Section is to set forth the traffic improvement requirements ~vhlch the project developer must undertake ac ~n integral part. of the project development. The developer shall provide 25 feet of additional right-of-way along the south slde of Radlo Road. The developer shall provide left and right turn lanes on Radio Road at the project entrance. This requirement does not Imply that a median opening will be provided when Radio Road is four lan.cl. At the developer's option, the County will include construction of a right turn lane as a part of the Radio Road improvements contract or it may be constructed at a later date by the developer, but prior to the issuance of any certificates of occupancy. In either case It shall be paid for by the dev..loper. If a median opening is permitted, it too, shall be at the expense of the developer. The developer shall retain the existing bike path along Radio Road. relocating it if necessary. 12 The developer shall provide arterial level street lighting at the project entra,qce. The developer shall provide a minimum of 30' right-of-way or easement along the south property line and responsibility f~r constructing their portion to provide connection to Kings Way in Foxflre. All Improvements required ~bova ere considered 'site-related' as deflned In Ordinance 8S-SS and shall not be applled as a credit toward any required impact fee. 12a SECTION VI UTILITIES REQUIREMENTS 6.1. PURPOSE The purpose of this Section is to set forth the utilities requirements which are set forth in a Utilities Division memorandum dated 11-14-85, which the petitioner has agreed to, and which must be accommodated by the project developer. A. Water S Sewer Water distribution and sewage collection and transmission systems will be constructed throughout the p. roject development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and stwer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and regulations in effect at ~.he time of conveyance. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall he owned, operated and maintained by the Developer, his assigns or successorn. Upon completion ~1~ construction of the water and sewer facilities within the project, the facilities will be 13 tested to insure they conform to the approved plans. The above tasks mu~t be completed to the satisfaction of' the Utilities Division prior to placin~j any utility facilities, County owned or privately owned, into service. All construction plans and technical specifications and proposed plats, If applicable', for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position ~o provide water and/or sewer service to the pro~ect, 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 ie 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 proiect and/or r-ce/ye the proiect's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site 14 treatment facillttas lnd/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 Coun[y and the Developer, binding on the Oeveloper, his assigns or successors, legally acceptable to the County. prior to the approval of construction documents for the proposed project, stating that: l! The proposed water supply and on-slta treatment facilities end/or on-site wastawatar treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until sbch time as the County's off-site water facilities endior off- site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facUlty(les) may not be expanded to provide wiser and/or sewer service outside the development boundary approved by the County without the written consent of the County. b! Upon connection t~ the County's off-site water facilitlas, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and 15 024m313 discontinue use of the water supply source, if applicable, in a manner ¢=nsistent with State of Florida standards. All work related with this activity shall be performed at no co~t to the County. c~ Connection to the County*s off-site water and/or sewer facilities will be made by the owners, their assigns or successo~-s at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design .~d preparation of constructlon documents, permitting, modification or refitting of sewage pumping facilities, Interconnection with County elf-site facilities, water and/or sewer lines necessary to make ,.he connections[si, etc. d~ At the time County off-site water and/or sewer facilities ara available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: 1) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the~ project limits and those additional facilities required to make conn~.ction with the County's off-site water and/or sewer facilities; or, 16 2) All water and sewer facilities required to connect the project to the County's off-site water and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private property and not required by the Count'! to be located within utility easements, including but not limited to the following: al Main sewage lift station and force main interconnecting with the. County sewer facilities including all utility easements necessary; bi Water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including all utility easements necessary. e) The customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when County off-site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's off-site water and/or sewer facilities the Developer, his assigns, or successors shall turn over the County a complete llst of the customers served by the interim utilities system and shall not compete with the County for the service of those customer.~. The Developer shall also provide the County with a de[ailed inventory of the facilities served within the project 3'15 f! g) hi and the entity which will be responsible for the water and/or sewer service billing for the project. All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the starff, of building construction. The County will lease to the Developer for operation and maintenance the water distribution and/or sewage collection and transmission system for the sum of $10.00 per year, when such system is not connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treat~ment and distribution faci;itles and/or the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water and/or sewer 18 service agreements ara negotiated with the Interim utility system serving the project. Data required under County Ordinance No. 80-112 showing the availability of sewage service, must be submitted and appro..,ed by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permlts for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. Construction and ownership of the water and sewer facilities, Including any proposed Interim water and/or sewage treatment facilities, shall be In compliance with all Utilities Division standards, Policies, Ordinances, etc. in effect at the time construction approval Is requested, Prior to approval of construction documents by the Utilities Division the Developer must present verificatlon, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. 19 Water main stub connections to the project's east, south and west property lines shall be incorporated into the design of the Internal water distribution system to permit Interconnectlon with adjacent parcels of land. The location of these stubs shall be submitted to the Utilities Division for approval prior to submission of the project's construction documents. G. A buffer of dense vegetation shall be established between the fenced temporary sewage treatment plant and the east property tine of the project. ': H. ~ ~R' 15 foot utility easement along the west property boundary line will be granted to the County Utilities Division, for the purpose of accommodating a recjianai sewage transmission llne, 2O SECTION VII WATER MANAGEMENT REQUIREMENTS 7.1. PURPOSE The purpose of this Section is to set forth the requirements established by the Water Management Advisory Board, which requirements shall b~ accommodated by the project developer. Detailed site drainage plans shall be submitted to the County Engineer 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 the County Engineer. An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance #80-26, as amended by Ordinance 83-3, and e- may be amended in the future. 21 SECTION VIII RECREATION FACILITIES AND FEES 8.1. PURPOSE The purpose of this Section is to set forth the recreation facilities which must be Installed by the project developer; recreation facility maintenance and management responsibility; and the payment, in lieu of recreation land dedication which must be made by the developer. 8.2. REQUIRED RECREATION FACILITIES The followin9 recreation facilities are shown on the project Master Plan and shall be provided by the project developer. No buildln9 permits for any development within the project shall be Issued except in conformity with these requirements: 1. Two swimming pools, the first to be constr~cted prior to the issuance of a building permit for the 25th dwelling unit, the second to be constructed prior to the Issuance of a building permit for the 100th dwelling unit. 2. A shelter building, pool deck and facility for picnics and other family 9atherin¢ ~ at each swimming pool, to be constructed simultaneously with the construction cf each swimming pool. 3. Two tennis courts, the first to be constructed prior to the isuuance of a building permit for the 2Sth dwellinc.! unit, the second to be constructed prior to the issuanc~ of a building permit for the lOOth dwelling unit. Two racquet ball courts, both to be constructed prior to the issuance of a building permit for the 100th dwellir~g unit. 5. A recreation center which shall be develnped prior' to the issuance of a building permit for the 100th dwellir,g unit. 6. Recreational open spece/playground areas aa shown on the project master plan. 7. A system of walk/jog/bike pathways as shown on the project master plan which shall be developed in pace with the adjoining residential and recreational structures. 8.3. RECREATION FACILITY MAINTENANCE AND MANAGEMENT RESPONSIBILITY Recreation facilities shall be maintained and managed by the project developer until such time as they have been transferred to a project homeowners association at which time the homeowners association shall assume maintenance and management responsibility. 23 8.11. PAYMENT IN LIEU OF LAND DEDICATION Section III B.8. of the Future Land Use Element of the County Comprehensi%.,e Plan provides for payment In lieu of recreation land dedlcatlmq. Since the Lauren Pines pro]act ii small, the rec~'tatl=n land dedicati.~n requirement is only ,72 acres (1/~11 d.u. x 2.5 personsld.u, x .002 acres per person = .72 acres). In accord with the provisions of the County Comprehensive Plan an independent appraisal, acceptable to the Board of County Commissioners, was made for the developer for the purpose of determining the value of the land require~t to be dedicated. The appraised value was $25,000. Payment of this amount is to be made by the Lauren Pines development sponsor in the following manner: $6,250 prior to the issuance of the first dwelling unit building permit; $6,250 prlor to the issuance of the 37th dwelllnCJ unit building permit; $6,250 prior to the issuance of the 73rd dwelling unit building permit; and $6,250 prior to the issuance of the 109th dwelling unit building permit. 2~ PGREEMENT I, William Vines, as o~ner or authorized agent for Petition R-86-23C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on Sep%~mber 18, 1986. / A. Amendment of the PUD document Perc:~aff r~borts dated September 115 1936 and February 13, 1986. I ! I~A,_ / ........... PETITIONER OR AGENT · REPRESENTATIVE FOR CCPC NOTARY SEAL MY COMMISSION EXPIRES: '1 STATE OF FLORIDA COUNTY OF C05LIER I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify' that the foregoing is a true original of ORDINANCE NO. 86-70 that was adopted by the Board of County Commissioners during Regular Session on the 14th day of October, 1986. WITNESS my hand and the official seal of the Board of County Commissioners of Collie~ County, Florida, this 17th day of October, 1986. ..." .. ',"i '/.~.d~'.",,,. JAMES C. gILES ," Clerk of Courts and Ciel:~' '",,"~.~ Ex-officio to the Boa~d,'of",\~,, county Co.~ss~one~ . By: ~_.~-;~/~/~Z~ ,,' ~-,, ~.~' %/irg~~