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Ordinance 82-036 ORDINANCE 82 - 36 /N ORDINANCE AMENDING ORDINANCF , ..' ~HE,'COMPREHENSIVE ZONING REGULATI,~I,',~ FOR THE UNINCORPORATED AREA OF COUNTY, FLORIDA BY AMEND. lNG THE ZONIN'2 .~TLAS M ~? NUMBER 49-25-1 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL 9ROPERTY FROM "A-2" TO "PUD" PLANNED Ut4I'f 0EVELOPMENT FOR "EMERALD LAKES OF NAPLFS, INC." LOCATED ON THE WEST SIDE OF A:'RPORT ROAD, NORTH OF ORANGE BLOSSOM D}.IV[': AND BY ~RO~IDING AN EFFECTIVE DATE. '.i:~RE~J, Emera3d Lakes of Naples, Inc. petitioned the 3oard of County Comm.ssioners to ch,nge the Zoning Classification of the herein d~scribed real prTperty; NOW, SHEREFORE BE IT ORDAINED by the Board of County Commissionez's oZ C(,llier C~unty, Florida: $~ctlon One: T~e Zoning ~lassification of the here~.,~ describe~ real prope~t~ located in Section 2, Township 49 South, Range 25 East, Collier County, Florida is changed from "A-2" to "PUD" Planned Un.'t Development in accordanc'e with the PUD document attached hereto as Exhibit "A" ~hich is incorporated herein and by reference made a part hereof. Yhe Official Zoning Atlas Map Number Number 49-25-1, as described fn Ordinance ~2-2, is hereby amended accordingly. Sectio,1 Two: This Ordinance shall become effective upon receipt of .... '"' ,, F ? notice that it has been filed with the SeCretary of State. DATE: M~¥ 25, 1782 BOARD OF COUNTY COMMISSIONERS COLLIE~ COUNTY, FLORIDA BY: ~. L. "~bJ$" WIMER, CHAIRMAN I, WILLIAM J. REAGAN, Clerk of Courts in and for the Tuentieth Judicial Circuit, Colltrr County, Florida, do hereby certify that the foregoing is a true original of: ORDINANCE NO. 82-36 which was adopted by the Board of County Commissioners during Regular Session May 25, 1982. WITNESS my hand and the official seal of the Board of Count~' Commissioners of Collier County, Florida, this 25th day of May, 1982. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-officio to Board o.f~,.k'l¥ County C.p~mmi ss i o n er,s%~.~.'."; B :',.... Dep~/ Clerk L:j, ',~-/ ~-' '~ ". ~" '~ ' '.;Z , . ' :.~,'..: F,, This ordinance filed with he Secretary of StaLe'std.'t;,.,~'' : ' office the 4th day of June 1982 and ackno~le'cFg~men'~"q:h.8~".~? filing received this 9th day of June, 19d2. oeputy Clerk oo Revised 5-11-8:2 Per: County Planning Staff Report EMERAt-D LAKES PLANNED UNIT 'DEVELopMENTi DOCUMENT ..C, A _'-_..: t-i.,"- ' ' . =- C;..':' ' DISTRICT ZONE: . PUD '~'--:~ PERMITTED USES: .~.~:_.-~ .Single family dwellings; multi-family dwellings; golf course; ~:_,.:,country~club complex, Including Indoor and outdoor social, recreational, dining, and service facilities; golf course maint- -'" en.~nce ~iH~.Iesi' Oh"Site sewage treatment plant. PERMITTED ACCESSORY US~.S & STRUCTURES: ~TA~: ~c~sso~y'uses and structures which are customary'in 9oil ~ ..- c~urs~t.~ingJe S mulli-family restdentlal communities; admin- Istrative and sales offices during the project sell out period, .whjc.~p~ices may be tempocary structures or may be tempor- ary uses within the clubhouse complex ot In a residential structure,' signs as' pe~mitl~.d b~ the County ZonJ.ag Ordinance. 2.6 dwelling units p~ ecSC...T~tel dwelling unlt count shall not exceed O~VELOP,MEN T STANDARDS ~:~g' '~ULTI-FAMILY k'Mln[mum building setback from $[r~t: S0 ft. ~om back of curb ..,:.: ..fp~ multi-family structures, 30 ft. from back of curb for accesso-y structures. :~ ~:C..Mlnlmum setbac~ fra,n multi-family site boundaries which abut the golf couse or a waterbo~y which abuts the golf course: 25 ft. Principal end accessory structures on the multi-family sites and the club recreational site whlch surround the large lake In the SE corner of.the project may extend over the waters of the lake, but me~'hot extend more then 25 ft. past the l~ke shoreline. Maximum building height: 7 11ring floors. Under' bulldlng pa?king does not constitute a living floor. Mlnlmum dweJllng unit floor area: 7SO sq.ft, Minimum building separation for' buildings on adjoining lots and fo~' multlp~e buildings on the same slte: One-half' the sum of the helghts of adjoining buildings, but not les~ tha'n 20 ft., provided that, In the case of cjustered buildings with a common architectural theme, closer spacing may be approved when the bullding cjuster slte plan Is approved by the Director. Minimum offs:reef parking spaces: Z spaces per dwelling unit, 1½ of which shall be improved, ,} of which may be unimproved and landscaped. Planned, but unimproved spaces shall be Improved at a future date should actual parking demands dictate that necessity. Multi-family dwelling unit distribution: Multl-famlly dwelling unlt distribution shali occur generally as Indicated on the Master' Plan. Two.ct more adjoining multi-family sites may be Joined to become a single development site. With the approval of the Director, building heights and the number of units Indicated for' indlvJdua! building sites may be modified, so long as the total multi-family dwelling unit count does not exceed. 1,011. SINGLE FAMILY AREAS: Minimum lot area: 10,000 sq. ft. Minimum Interior lot width: 90 ft.,. measured at the lot told-point. Minimum corner lot width: 110 ft. Lot depth: 120 ft. Minimum floor' area principal structure: 1800 scl.ft. Maximum height, principal structure.- 30 fi.; accessory structure 20 ft. Height shall be measured above the finished grade of · the lot, or the mlnlmum floor elevation r'equlred by the Federal Insurance Administration, whichever is higher. Mlnlmum yard requirements; Front 30 ft.; side 10 ft.; accessory structures - same as RSF-3 Minlmum oft'street parking: 2 spaces per dwelling unit, at least one of which shall be enclosed. COLF COURSE .AREA: Maximum clubhouse building height: ti0 ft. Minimum separation between clubhouse and street: 50 ft. from back of curb. Mlnlmum s'eparatlon between tennis courts and streets,: 25 ft. from 'back of curb. MASTER PLAN: The approved EMERALD LAKES Masto~' Plan shal~ also constitute the approved Subdivision Master Plan. STREETS: Streets within the project will be privately owned and maintained. All streets within the EMERALD LAKES project shall be classified as local. FRESERVE AREAS: Cypress preserve areas Indicated on the Master Plan shall remain in their ~atural state and shall not be utlllzed for building sites, provided however, that the golf cart path indicated on the Master' Plan may traverse the northeasterly preserve area, and shall be of wood construction. The road on the north side of' the preserve area shall be culverted to restore flow to cypress st,rand on the north. ! DEVELOPMENT COMMITMENTS: / .OPERATION~ MAINTENANCE, t, MANACEMENT: A project-wide property owners organization shall be created and shall be assigned responsibility for operation, maintenance, and management of all common open space Including the private streets, entry gate feature, perimeter landscape buffer, and water manage- -3- 015 6 a, ment facilities outside of the golf course. Owners of the golf course and country club complex shall be assigned responsibility ,for management and maintenance of the golf course, lakes, and water management facilities therein. Owners of lands abutting the targa lake In the SE portion of the project shall commonly own and have maintenance responsibility for that lake. S--id owners and members of the club which owns and operates the lakefront club recreational site shall have the exclusive beneficial use of the lake. Prior to final approval of the record plat, County enforceable docu- ments establishing the above described management, operation, and maintenance responsibilities shall be submitted to and approved by the County Engineer, and put into effect. TP, AFFIC IMPROVEMENTS: The develope, r and/or the homeowners associatlon shall provlc~e the following traffic Improvements: 1. A fair-share contribution toward the capital cost of a traffic signal at the project entrance when deemed warranted by the Co,mty Englneer. The signal shall be owned, operated and maintained by Collier County. 2. All required traffic control devices (signs and marklngs~ along the two lane extension of Frank Boulevard, excluding those directly related to the Intersection at Pine Ridge Road. 3. Proper alignment of the project entrance with the south end of Carica Road so as to create a standard four-way Intersection. Proper transition from two-lanes to four lanes on the northward extension of Frank Boulevard. DEVELOPMENT ORDER: In addition to the requirements of this document, the developer shall comply with all stipulations of development order 8:Z-1 Issued by the Board of County Commissioners on May EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS: Article X, Section 16: Sidewalks shall be constructed on the devel- opment side of the perimeter road; on both sides of the east/west. road with multi-family sites on both sides; on both sides of the north/south road which Is abutted by tho country club. Side- walks need not be constructed on the Interior single family lot streets. Artlcfe 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 Unlform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived. Article XI, Section 17 F. t, C.: Street rig.hi of way and pavement cross-section shall be as follows: (See following page,} Artlcle Xlo Section 17 H,; The 1,000 fl, maxlmum dead-end street length requirement shall be waived, Article XI, Section 17 I.: Back of curb radii at street intersectlons shall be a minimum of 30 ft. Article XIo Section 17 K.: The requirement for 100 ft. tangent sections between reverse curves of streets shall be waived. Article XI, Section 21: The requlrement for' blank utility casings shall be waived, except at JLntersection of entrance road and .Frank Boulevard. q UT~LXT~S: Ail on-site and off-site utllity facilities constructed by the Developer shall be constructed to County standards at no cost to the County. A feasibility study should be made comparing the construc- tion'of an on-site wastewater treatment facility versus con- struction of a lift station and force main with connection to the North Naples Wastewater Treatment System. An analysis of the projected wastewater flows should be made to determine if treatment can be provided by the existing County Treatment Facilities before the proposed expansion of the North Naples Plant is completed. Should the on site wastewater treatment facility be required, the on-site facilities must be regarded as interim and operated and maintained under a separate agreement with the ${ater-Sewer District. Appropriate utility easements dedicated to the County Uater- Sewer District must be provided for the water and sewer facilities to be constructed. Customers connecting to the sanitary sewer facilities will be customers of the County %~ater-Sewer District and will be billed in accordance with the approved County rate structure. A written agreement shall be entered into between the County Water-Sewer District and the developer of the project stating: 1. The owners or their assigns shall agree to pay all system development charges mandated by County Ordinance, District Resolution or other legally acceptable instru- ments at the time that building permits are requested. 2. Any on-site wastewator treatment facilities and related appurtenances constructed as part of.the project will be removed by the owners or thei~ assigns at no cost to the County Water-Sewer District when the proposed development is connected to the County's Central Sewer System. 3. Connection to the County's 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 available. Provide data on percolation rates for the proposed sewage disposal ponds to evaluate the capacity of the site to handle the proposed wastewater flow. I*'~' SLOP.[,. ' ~ A ~cLPooH;~.TIC -4 I' ~'-~- LII~IEROCK BASE '"'"~---' STADIL!ZED SUaGRADEj MAIN ENTRANCE ROAD SECTION 60' EAsEMF. NT OPTIONAL / ' A~I=.H^i't.,..-.. I SIDE~t~.f~LK~''' /~*1 ~' ALK I ~' ....... I ONE ;~113£ ~ _. ~1,,,,,o,,/ / ~o,,.. I~,.,,.,~~ .. . I 1~"~"~-9" ~ [ ~-I...,,~.... ' / ~ I Oil Oti[ Sl~ OHLY. [ /STADILIZE~ ~UDG~tADE~ I Z.S,OCW~LK .EOU,RKO O~O~H · I ; - ~~ ~J BOTII SlDE~ OF ROAD. TYPICAL PERIMETER ~ MULTIFAMILY ROAD SECTION TYPICAL SINGLE FAMILY ROAD SECTION ~OOK EMERAI. D LAI<EG PROPO.~;ED 'I'YPIOAI.' R OAI) \VAY SECTIONS 015 68' " HOLE, MONTES AND ASSOC., INC, CONSULTING ENGINEERS- LAND SURVL;YORS EtlERALD LAKE EXIIIBIT 5 A July 31, 19~1 File .~o. 79.35 LEGAL DESCRIPTION Description of a parcel of land in Section 2, Township 49 South, Range 25 East, Collier County, F. lorida; more part- icularly described as follows: Begin at a concrete monument which marks the northwest corner of Section 2, Township 49 South, Rage 25 East, thence run N89'59'43"E, 2641.92 feet along the northerl:/ boundary of Section 2, thence S01"32'55"E, 793.50 .feet, thence SP~9°59'3S"E, 1988.39 feet, thence S02"02'55"E, feet, 794.79 feet, thence S89e57'47"E, 64.55 feet, thence S02"13'43"E, 1991.27 feet, thence S89"53'56"W, 719.60 feet, thence S02el4'00"E, 330.00 feet, thence N89"53'56"E, 1219.93 feet, thence S02"14'00"E, 60.04 feet, thence scge53'56"W, 25.8.7.66 feet thence S89"47'26"~.;, 470.67 feet, thence S01'32'28"E, 797.48 feet, thence 2224.15 feet to the westerly boundary line of Section 2, thence N00"55'06'q.; along the westerly boundary of Section 2, 4784.19 feet to the POINT OF BEGINNING. The above described area cncompass-~ 42~.8! acres, more or less. Also commencing at the East 1/4 corner of said Section 3, Township 49 South, Range 25 East, Collier County Florida; thence along said .~etion line SO'55'06"E, 242.02 feet to the POINT OF BEGIN:;ING and the north line of the right-of- way herein described; thence N64"05'05"W, 143.82 feet to a. point of curvature; thence northwesterly and southwesterly 1046.90 feet along the arc of a circular curve concave to the South, having a radius of 984.57 feet and bclng subtended b~, a chord which bears S85"2/'1~"W, 998.27 feet to a point of reverse curvature; thenc- southwesterly 4n7.~3 feet along the arc of a circular curve concave to the north having a Emerald Lake - Legal Description July 31, 1981 Page 2 radius of 550.00 feet and being subtended by a chord which bears S76"12'13"W, 397.99 feet to the east line of Pine Ridge Extension according to the plat thereof as recorded in Plat Book'3, pages 51 thru 51E (inclusive), Public Records of Collier County, Florida; thence along said east line, ST"24'55"W, 20.00 feet to the. southeast corner of Lot 1 of Bloc]: Z of said Pine Ridge Extension; thence along said east linc $7"24'55"W, 80.00 feet to the south line of the right-of-way herein described: thence northeasterly 481.27 feet along the arc of circular curve concave to the north 'having a radius of 650.00 feet and being subtended by a chord which bears :;76°12'13"E, 470.36 feet to a point of reverse curvature; thence northeasterly and southeasterly 940.57 feet along the arc of a circular curve concave to the ~outh having a radius of 884.57 feet and b~ing subtended by a chord whic~ bears N85"27'13"E, 896.88' feet to a point of tangency; thence S64"05'05"E, 194.41 feet to the said east line of Section 3, Township 49 South, Range 25 East, Collier Count},, Florida; thence along the said east line N0"55'06"I'~, 112.07 feet to the POI~T OF B~GI~NI~;G and the north line of the 100.00 foot right-of-way herein described; being a part of Section 3, Township 49 South, Range 25 East, Collier County, Florida; less railroad right-of-way. Subject to easements and restrictions of record containing 3.46 net acres of land more or less. Total acreage 432.34 acres more or less. - 5- 015 '70