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Ordinance 82-001ORDINANCE 82- 1 AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR ~tE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING'DISTRICT BY AMENDING THE ZONING ATLAS MAP NUMBER 49-25-6 BY CHANGING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT FOR THE PROPERTY KNOWN AS THE WORLD TENNIS CENTER~ PART OF THE SW% OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, The World Tennis Center Association petitione4 the Board of County Commissioners to change the Zoning Class- lfication of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida= SECTION ONE= The Zoiiing Classification of the hereinaf~er described real property in Section 13, Townhsip 49 South, Range 25 East, Collier County, Florida is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the PUD Document attached hereto as Exhibit "A" which is incorporated herein and by reference made a part hereof. The Official Zoning Atlas Map Number 49-25-6, as described in Ordinance 76-30, is hereby amended accordingly. RCgEi'~'ED WILL!,'~tl J. REAOAN SEC~Z'ZON TWO~ ~LEF'< 07' ~):\RD · " I '"' r~' u.,"fv FLORIDA This Ordinan~fg- .s}%a[[ ~ecome effective upon receipt of notice that it has been filed with the Secretary of State. DATEs January 5, 1982 'DeputY. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BYI~ ' COUNTY OF COLLIER ) Z, WILLIAM J. REAGAN, Clerk of Courts in and for the Twenteith Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original oft ORDINANCE NO. 82-1 which was adopted by the Board of County Commissioners during Regular Session January 5, 198'2. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 8th day of January, 1982. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-officio to Board of ,,'~;JJJIl~l'f,e . County Commissioners, %,~,...,"~ ~puty Clerk ~ .. ~7/.: ........~.~ · . This o~dtnance filed with the Secretary of State's Office the 13th day of January, 19a2 and acknowledge- ment of that filing received this 18th day of ~anuary~982. Ddputy Cler~ WORLD TENNIS CENTER pLANNED UNIT DEVELOPMENT LOCATED IN SECTION ]3 TOWNSHIP 49 SOUTH, RANGE 25 EAST PREPARED BY= WILSONv ~ILLER, BARTON, SOLL & PEEK, INC. 1383 AIRPORT ROAD NORTH NAPLES, FLORIDA 33942 SEPTENBER 18, 1981 PROJECT NO. 19541 DATE ISSUED * 1/5/S2 DATE APPROVED BY CAPC 1.1/19/8~ DATE APPROVED BY BCC 1/5/82" ' (ORDINANCE NUMBER) 82-1 : SECTION I TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION II STATEMENT OF INTENT SECTION PROPERTY OWNERSHIP & LEGAL DESCRIPTION SECTION IV GENERAL DEVELOPMENT REGULATIONS TRACT A~ PRESERVATION/CONSERVATION TRACT B= PROFESSIONAL TENNIS CENTER TRACT C~ COMMONS/OPEN SPACE AREA TRACT D~ MULTI-FAMILY RESIDENTIAL LOW TO MEDIUM DENSI~f SECTION V GENERAL DEVELOPMENT COM~IITMENTS PAGe. 1-2 3 4 5-12 6-7 7-9 9-1! 11-12 13-15 SECTION . STATEMENT OF COMPLIANCE The purpose of this ~ection is to express the intent of Ronald A.'' Iv., Project Manager, for the World Tennis Center Associates, Inc., 1020 8th Avenue South, Suite %5, Naples, Florida, to develop 82.6 (+) acres of land located in part of Section 13, Township 49 Sou~h, Range 25 East, Collier County, Florida. The name of this proposed development shall hence forth be known as the World Tennis Center. The development of the World Tennis Center as a Planned Unit Development will be in compliance wi[h ~he planning goals and objectives of Collier County as sci forth in the Comprehensive Plan. The residential development with associated recreational facilities will be consistent with the growth policies and land developmant regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following reasons: ' ]. The subject property has the necessary rating points to determine availabil£ty of adequate community facilities and services. The project development shall result in an efficient and economical extension of community facilities and services. e The project development is compatible ahd complimentary to the surrounding land uses. The subject property will provide a vegetative buffer between County Road 31 and the surrounding agricultural zoned lands. All improvements shall be in compliance with all applicable regulations. The development shall consist of eight cjuster villages and provide additional common open space. -1- ?. The development shall utilize natural systems for water management such as the environmental sensitive areas as in accordance with their natural functions and capabilities. _ 8, ?he value and functions of the environmental sensitive areas will not'be adversely affected. 9. The development shall promote the maintenance of the residential neighborhoocl as well as be aesthetically pleasing and functionally efficient. 10. The number of egress and.ingress points shall be limited so as to minimize the impact upon the traffic flow along Airport Road. -2- SECTION II STATEMENT OF INTENT It Is the property ownerts intention to commence development substantial World Tennis Center which will include participant sport facilities, clubhouse including concessions, locker rooms, saunas, Jaccuzzies, a pro shop, trophy area, and other support facilities required of a highly professional tennis center. As a separate project but part' of the same property~ it is the intent of the World Tennis Center Associates to develop a condominium complex consisting of four villages, 80 units per village, with forty multi-family residential units, one and two story attached, per cjuster. The villages will be centered 'around major focal points such as the tennis club, lakes, pine and cypress trees, and environmentally ~ensitive areas of unique vegetation. Each village will have.a p,..'ivate swimming pool and deck area. The villages shall emphasize utilization and presentation of open space, energy efficiency, water conservation and preservation of ecologically sensitive areas. The residential development of a mix of one-two story, mid-rise multi-family units shall demonstrate a way of life for its residents that will be eminently desireable, esthetically pleasing, and environmentally sound. The res-/dents of this project shall enjoy a low profile, silhouette residential recreational development among a scenic natural environmental setting. -3- 3.2. SECTION III PROPERTY OWNERSHIP AND LEGAL DESCRIPTION PROPERTY OWNERSHIP~ ; " The subject property is currently under the control ok Ronald A. Ire, Project Manager, World Tennis Center Associates, Inc., 1020 8th Avenue South, Suite 5, Naples, Florida 33940.. Evidence of assignment of the Owner's agent and of unified control of the property are furnished with this document as Exhibit "A" and Exhibit "B", respectively. LEGAL DESCRIPTION: '""' The subject property Is described ass ' The Southwest 1/4 of the Southwest 1/4 and the West 1/2 of the East 1/2 of the Southwest 1/4 of Section 13, Township 49 South, Range 25 East, Collier County, Florida, less the West 100 feet thereof heretofore convcyed to Collier County, Florida for road right-of-way. For the purposes of gross residential land use area, the -' subject property including its portion of the road right-of-way is 82.6 (~) acres. -4- 4,1. SECTION IV GENERAL DEVELOPMENT REGULATIONS PU RPOS E ~ The purpose of. this Sect'ion is to set forth the regulations for development of the property identified on the Master Plan. It is the intent of the project sponsor,to develop Iow to medium density multi-family residences in a low profile silhouette with ample common open space associated with a professional tennis center. PROJECT PLAN AND LAND USE TRACTS~ The project plan including street layout and land use Tracts is iljustrated in Exhibits 'C', Master Plan of Development· The project shall consist ~0ur land use tracts of general area and configuration as shown in Exhibit 'D' . 2. 3. 4. Tract A - Preservation-Conservation + 5.2 Acres Tract B - Professional Tennis Center + 15·0 Acres Tract C - Commons/Open Space Area + 29.6 Acres Tract D - Multi-Family Residential Low to Medium Density + 32·8 Acres Total Area + 82.6 Acres It is the project sponsor's intent to develop the property according to the following phases and schedule. Year One - Professional Tennis Center 40 Residential Units Year Two - 80 Residential Units Year Three - 80 residential Units Year Four - 120 Residential Units The total maximum residential units will be 321 units at a maximum density of 3.88 residential units per gross acre. -5- ~RACT "A": PRESERVAT~pN/CONSERVATION ~urpose; The purpose of this subsection is to set forth the function, treatment, and use of the conservation/ preservation areas designated as Tracts A-1 and A-2 Exhibit 'D' . Function: The primary function shall be the preservation of an attractive natural resource community. Retention of water during rainy season, and a ground water recharge area as well as a water quality improvement facility. Provide a unique recreation and aesthetic experience for the pleasure of project residents. ~reatment .~U ~: The treatment of these areas shall be the preservation and protection of flora and flauna, with an exception to introduce jogging trails, boardwalks, or cross walks and a roadway to Tract ~-1 as indicated on Exhibit 'D' Prohibit vehicles and construction equipment exception of maintenance equipment. Removal of. obnoxious exotics, i.e. Melaleuca .Lecudenda, Schinus Terebinthifolius, and others in accordance wit~ c6unty Ordinance 75-2%. Establishment of a maintenance program to insure a healthy environment by directing water flow into Tract A to provide optimum surface flooding depths. Xrrigation of the cypress areas during periods of drought for protection against fire, premature cypress defoliation and excessive plant stress. All water management control structures in this tract shall be designed to insure that they neither cause increased drainage during dry periods nor increased water retention during the rainy season. In areas of vegetative types which are valuabie or unique to the environment, development shall be limited so as to maintain the vegetation in an unmolested state. Minor passive recreational facilities which are nature appreciation oriented may be permitted where deemed appropriate. -6- 4,5, 'Final design and location of the roadway to Tract A-l, shall be approved by the County Environmental Consultant. The roadway shall be designed with culverts in order to maintain flow between the two sections of this tract. .. TRACT Bt PROFESSIONAh TENNIS CENTER The pUrpose of this subsection is to set forth the development plan and regulations for the area designated as Tract B, Professional Tennis Center on Exhibit 'D' . pevelo~ment Plan: " 1. The primary purpose and function of this Tract will be to provide a professional tennia center which sh~ll include a clubhouse, pro-shop, snack and bar area in conjunction with tennis courts and a stadium center court. All buildings and facilities within the Tract shall be for the use of the club, club members and their guests. C. Uses Permitted: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1. Principal Uses= A) Tennis Courts, handball courts and other similar facilities. B) Swimming pools, shuffleboard courts, and any other similar types of facilities. c) Clubhouse with snack bar, cocktail lounge, restaurant, pro-shop and other similar uses intended to exclusively serve patrons of the tennis center. -7- ~00~ 2. Accessory Uses{ A) Gift shops, sports equipment sales, and other customary accessories intended to exclusively serve patrons of the Club and their guests. B) c) Signs as permitted at. time of permit application. Small buildings, private road, control gate house, enclosures or other structures constructed for the purposes of maintenance, storage, recreation, or shelter with appropriate screenin~ and landscaping. D) Any other customary accessory uses of tennis clubs or similar establishments. z) A residential model unit and sales office in conjunction with the prnmotion'of the project which shall be converted into a manager's apartment/office and meeting room for Condominium Association Directors as determined to be compatible with the adjacent zoning by the Zoning Director. General Rpquirements: 1) Overall site design shall be harNonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location and treatment of buffer areas. 2) Lightin~ facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. Maximum tleight: Two stories or thirty-five (35 feet within the Tract as measured from the finished grade of site or from the minimum base flood elevation required by the Flood~ Elevation Ordinance whichever is greater. Minimum Setback Requirements: 1) All principal use buildings shall be set back a minimum of fifty (50) ,r.-t from. abutting residential Tract boundaries and property boundary line. All other uses shall be set back a minimum of twenty (20) feet from abutting Tract and property boundary lines. 4,6. 2) AIl principal use buildings shall have a. minimum'separation of twenty (20) feet. 3) Setback from edge of all private pave4 roa~s shall be twenty-five (25) feet. TRACT C= COMMONS/OPEN SPACE AREA The purpose of this Section is 'to set forth the development plan and regulations for the areas designated as Tract C, commons/open space area on Exhibit 'D'. B. Development Plan: The primary function and purpose of this Tract will be to provide aesthetically pleasing open space areas and minor private recreational facilities. Further, these areas shall provide for the flood relief add drainage of the project. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as practicable shall be protected and preserved. All landscaping and earthwork to be performed in the Commons Area shall be of h~.gh quality and in keeping with the primary goals set for this development. -9- 014 C· Uses Permitted: No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Principal Uses: a) open ~paces and outdoor recreation facilities. b) Lakes and other functional water management facilities or uses to serve for the flood relief and drainage of project improved areas. c) Private road, pedestrian and bicycle paths, boardwalks and crosswalks, or other similar facilities constructed for purposes of access to or passage through the common areas. d) Shuffleboard courts, tennis courts, swimming pools with decking, and other types of facilities intended for outdoor recreation. 2. Accessory Uses: Small buildings, enclosure~ or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. Small docks, piers or other such faci].lties constr6cted for purposes of lake recreation for project occupants or members. c. Signs as permitted at time of permit application. d. A temporary sewerage treatment plant. -10- General Requirements1 1) Buildings shall be set back a minimum of fifty (50) feet abutting residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. 2) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. E. Maximum Height: Thirty-five (35) feet within the Tract as measured from the finished grade of site or from the minimum base flood elevation required by the Flood Elevation Ordinance whichever is greater. F. Minimum Off-street Packing: 4.7. As required by Zoning Ordinance at time of permit application. TRACT D: MULTI-FAMILY RESIDENTIAL LOW TO MEDIUM DENSITY - A. Purpose: The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit 'D' as Tract ada, Multi-Family Residential, Low to Me---~um Density. B. ~ _rmitted Uses and Structures: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Permitted Principal Uses and Structures~ (A) Multi-family residences. 2. Permitted Accessory Uses and Structures: (A) Customary accessory uses and structures. Recreational uses and facilities. Such uses shall be visually and functionally compatible with the adjacent residences which have use of such facilities. (c) Signs as permitted at time of permit applications. ~aximum Dwelling Units A maximum of 320 residential dwelling units may be constructed. D. Minimum Yard Requirements: 1) Depth from property boundary line (50) feet. 2) Dep{'h from edge Of all private paved'roads (25) feet. 3) Setbacks from Professional Tennis Center Tract B Line (20) feet. 4) Minimum distance between two principal structures (15) feet. E. Minimum Floor Area of Principal Structure: 900 square feet for each dwelling unit. Maximum Height of Principal.S~.Fgcture: Two (2) stories' above the finish grade with a maximum height of thirty-five (35) feet.. In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood Elevation Ordinance. G. Minimum Off-Street Parking~ · wo (2) parking spaces per residential unit with a minimum of 1.5 parking space/unit paved and ..5 parking spaces/unit reserved for paving at a time deemed to be appropriate by the County. Limitation On Signs: As permitted by the zoning ordinance in effect at time of application for building permit. -12- SECTION V GENERAL DEVELOPMENT COMMITMENTS PURPOSE ~ The purpose'of %his Section is to set.forth the standards for development of the project. PUD MASTER DEVELOPMENT PLAN: ae Ce The PUD Master Plan (Team Plan, Inc.) and the Land Use Tract Map (Wilson, Miller, Barton, Soll& Peek, Inc., Drawing File No. RZ-58 , Sheet 1 of ]), is an iljustrative prel~imin~y development plan. The design criteria and layout iljustrated on the Master Plan and Land Use Tract Map shall be understood as flexible so that, the final design may satisfy the project and comply with all applicable requirements. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. Minor design changes shall be permit~ed subject to staff approval. Overall site design shall be harmonious in terms of landscaping, enclosure of'structure, locations of all improved facilities, and location and treatment of buffer area~. To protect the integrity of the planned unit development, residential village neighborhood cjusters, the 'only access road shall be the private road as shown on the master plan with an exception for a temporary construction road at the northeast end of the property. Areas iljustrated as "lakes" shall be constructed lakes, or upon approval, parts thereof may be green areas in which as much natural foliage as practicable shall be preserved. Such areas, lakes and/or natural green areas, shall be of general area and configuration as shown on the Master Plan. ~L~RING,.G~ADIN~t_EARTHWORK,.AND SITE DRAINAGE All clearing, grading,'.earthwork and site drainage work shall be performed in accordance with all applicable State and local codes ...... ;'The two cypress zone areas (Tracts A-1 & A-2), i11ustrat~d --~--~hibit 'D' will be protected during construction with fencing and posting. The haul roads will be identified, and :.the .contractor will adhere to these ~oads, Which will be stabilized if sand traps occur. 'A'.' A central Water 'supply system shall be mafle'aVailable to .all areas of the project. The water supply source for ..the project shall be the City of Naples system. A letter shall be obtained from the water ag.ency approving ' extension of the water lines prior to site de.velopment. -'A letter shall also be obtained from the water agency .. committing delivery of water servJ, ce prior to issuance of building permits for construction of dwelling units. Individual wells shall not be permitted for potable .-water supplies for residential areas. B.' ~il'~reas of the project shall be served by a central wastewater collection system and by a temporary on-site · treatment system (approximately 5~ acres) in an approved location. The project sponsor agrees to . . dedicate collection system, temporary sewage treatment · plant, and the temporary sewage treatment plant site to the County within 30 days following the placing of the -.sewage collection system and sewage treatment plant into service. C.~.Plans and D.E.R. permit applications for the sewage collection and treatment plant shall be submitted to the Utility Division for review and approval in accordance ~.with Ordinance 80-1~2. ~ ..- D.- An agreement between County and the owner of the development stating that: .1) The owner or their assigns will enter into a lease agreement with Collier County wherein: a) The County will lease for operation and maintenance the collection system and the temporary sewage plant to the project owner or his assigns for the sum of one dollar ($~.00} per year. -14- t 5.5. 5.6. b) All u~ers of the sewage system shall be County customers. Rates charged for sewage collection and treatment service shall be approved by the County. 'c) Th~ Project owner shall agree to operate and - maintain the collection and treatment facilities during the term of the lease. d) The lease shall remain in force until terminate~ by the County, which termination of lease shall . not be later than the availability of a regional wastewater collection system to the project site. Connection to the County's central sewer facilities will be made by the owners or their assigns at no cost to the County or the County Water-Sewer District within 90 days after such facilities become ~ailable. The owners or their assigns will pay all system development charges mandated by County Ordinance, District Resolution or other legally acceptable instruments. Telephone, power and T.V. cable service shall be made available to all residential areas. All such utility lin~s shall be installed underground. SOLID WASTE DISPOSAL Such arrangement and agreements as necessary shall be made with an approved solid waste disposal service to provide for solid waste collection service to all areas of the project. RECREATION FACILITIES By the time that the 80th dwelling unit for each village has been issued a certificate of occupancy, the project sponsor agrees to have constructed a swimming pool and deck area in the location shown on the PUD Master Development Plan as Recreation Center. Any additional recreational facilities, as may be needed 'by the future residents of this project, shall be funded through a system of revenues collected by the World Tennis Center Homeownar's Association. The }lomeowner's Association ByiLaw shall include a provision that the creation of a capital improvement fund is mandatory, and every property owner in the development shall become a member of the Romeowner's Association. All Homeowner's shall have a membership in the professional tennis center. 5,7. ~RA~XC X MPRpVEMENTS Provide a three-lane access in alignment with the existing access to Pine.Woods with right turn deceleration lane. The developer or property owners association shall provide fair share contribution toward the capital cost of a traffic signal when deemed warranted by the County EngJneer. The signal will be owned, operated and maintained by Collier County. SIDEWALKS/BIKE PATH~ Sidewalks/bike paths may be constructed of'crushed Shell to be consistent with the natural environment of the development, -16- Ii" I. !