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Ordinance 82-049ORDINANCE 82 - .._43__ AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-5 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2, RSF-4 & C-4 TO PUD PLANNED UNIT DEVELOPMENT FOR "SHADOWWOOD" LOCATED AT WING SOUTH AIR PARKi AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, The Rookery, Ltd, petitioned the Board of County Commissioners to change the Zoning Classification of the herein described real property: NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: Section One: The Zoning Classification of the herein described real property located in Section 16, Township 50 South, Range 26 East, Collier County, Florida is changed from"A-2, RSF-4 & C-4"to "PUD" Planned ~Unzt Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated here~n and by reference made a part hereof. The Official Zoning Atlas Map Number, Number 50-26-5, as described in Ordinance 82-2, is hereby amended accordingly. Section Two: This:JO : , rdinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. DATE: July 13, 1982 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA ) BY: C, R. "RUSS-" WIMER, CHAIRMAN ~'rY OF COLLIER ) I, WlLLIk! J. EACAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDI,%%NCE NO. 82-49 ~nich ~as adopted by the Board of County Comissioners during P. egular Session July 13, 1982. IVITICESS my. hand and the official seal of the Board of County Com- missioners of Collier County, Florida, this 13th day of July, 1982. WILLIAS{ J. PF_AGAN Clerk of Courts and Clerk Ex-officio to Board of County Co~issioners ViYgin~f/7~agri, Deputy C~k. This ordinance filed with the' Secretary of State's office the 26th day of July, 1982 and acknowledgement of that filing received this 28th day of July, 1982.BY:v 015 ShadowWood PLANNED UNIT DEVELOPMENT Located in Section 16 Township 50 South, Range 26 East PREPARED BY: WILSON, MILLER, BARTON, SOLL & PEEK, INC. 1383 Airport Road North Naples, Florida 33942 DATE ISSUED 6-24-82 DATE APPROVED BY CAPC'" 6-17-82 DATE APPROVED BY BCC ORDINANCE NUMBER: 82-49 TABSE OF CONTENTS SECTION I STATEMENT OF COMPLIANCE SECTION II STATEMENT OF INTENT SECTION III PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTION IV GENERAL DEVELOPMENT REGULATIONS TRACTS A & E- MULTI-FAMILY RESIDENTIAL TRACT B - SINGLE FAMILY RESIDENTIAL TRACT C - PRIVATE AIR PARK DISTRICT TRACT D - COMMERCIAL SECTION V GENERAL DEVELOPMENT COMMITMENTS PAGE 1-2 5-14 15-16 SECTION I STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of The Rookery, Ltd., 706 5th Avenue South, Naples, Florida to develop +168.1 acres of land located in Section 16, Township 50 South, Range 26 East, Collier County, Florida. The name of this proposal development shall hence forth be know as ShadowWood. The development of ShadowWood as a Planned Unit Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential development with associated recreational and private aviational facilities will be consistent with the growth policies and land development 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 availability of adequate community facilities and services. 2. The project development is compatible with and complimentary to the surrounding land uses. The subject property will provide a vegetative buffer between the property and Rattlesnake Hammock Road, the surrounding vacant lands, and the single family residential units to the west. The development shall consist primarily of multi-family residential cjusters and shall thereby provide more common open space· The development shall utilize natural systems for water management such as the cypress, willow, lower wetland areas, and natural drainage courses. The development shall promote the maintenance of the residential neighborhood and be aesthetically pleasing and functionally efficient. The number of egress and ingress points shall be limited to minimize the impact upon the traffic flow along Rattlesnake Hammock Road. 8. The development is complimentary to and consistent with the Collier County Comprehensive Plan Land Use Element. e The land may be used more efficiently, and made more desireable resulting in a smaller network of utilities and streets with consequent lower construction and future maintenance costs. 10. Through proper planning and good uniform development control, the development shall protect property values and meet th9 general public welfare and safety of the citizens of Collier County. 11. The project will enable and encourage compatibility with the natural amenities of the environmental as well as pres.~rve and enhance present advantages· 12. The application of the development plan will permit flexibility and feature amenities and excellence in th~ form of variations in siting, mixed ]and uses and varied dwelling types, as well as adaptation to and conservation of thu topography and other natural characteristics of the land. 13. With proper uniform quality large scale development, the project may best serve the public interest with alternate mixed land uses. -2- SECTION STATEMENT OF INTENT It is the property owner's intention to continue the development of a single and multi-family residential project with recreational, commercial, and aviational facilities, and other support facilities required of a development surrounding a private air park community. The project was initiated in the early 1970's with the development of single family residential condominium lots with common facilities. As part of the same property, it is the intent of The Rookery, Ltd. to continue to develop a condominium complex consisting of cjuster villages; multi-family residential units; single family residential lots; and varied dwelling unit types. The units shall be centered around major points such as the air park, lakes, pine and cypress trees, common open space, and areas of unique vegetation. There may be recreational benefits consisting of Jogging trails, para courses, private swimming pools, neighborhood parks, tennis courts, and the unique feature of a private airpark. Residents of this project shall be afforded the opportunity to own private airplanes and a single family residential or condominium unit with the conveniences of aviational, recreational, and commercial services among a natural scenic environmental setting. The residential development of low-rise multi-family and single family units shall demonstrate a quality way of life for its residents that will be eminently desireable, esthetically pleasing, an(] environmentally sound. -3- SECTION III PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 3.2. PROPERTY OWNERSHIP: The subject property is currently under the control of The Rookery, Ltd. 706 5th Avenue South, Naples, Florida 33940. LEGAL DESCRIPTION: The subject property is described as follows: The east 1/2 of the east 1/2 and; the north 1/2 of the northwest 1/4 of the northeast 1/4; the southeast 1/4 of the northwest 1/4 of the northeast 1/4 and; all being in Section 16, Township 50 South, Range 26 East, Collier County, Florida. ALSO LESS the south fifty (50) feet for road right-of-way and any easement right-of-way of public record. LESS WING SOUTH AIR PARK PRIVATE VILLAS UNIT 1, a Co---6-~ominium, according to the Declaration of Condominium recorded in Official Record Book 476, pages 304 to 350, inclusive, Public Records of Collier County, Florida, as amended. -4- 015 4.1. 4.2. SECTION IV GENERAL DEVELOPMENT REGULATIONS PURPOSE: The purpose of this Section is to set forth the regulations for development of the property identified on the Master Development Plan. It is the intent of the project sponsor to develop multi-family and single family residences in a low profile silhouette with ample common open space associated with the conveniences of aviational, recreational, and commercial services. PROJECT PLAN AND LAND USE TRACTS: For the purposes of gross residential land use area, the subject property is +168.1 acres. The project plan including street layout and land uses is iljustrated in Exhibit "B", PUD Master Plan, Wilson, Miller, Barton, Soll& Peek, Inc., Drawing File No. RZ-59. The project shall consist of five land use tracts of general area and configuration as shown in Exhibit "B". Tracts A & E - Multi-family Residential + 113.3 Acres Tracts B - Single Family Residential + 3.7 Acres Tract C - Private Air Park District + 37.8 Acres Tract D - Commerical + 10.3 Acres Entrance Drive 3.0 Acres Total Area + 168.1 Acres Assuming favorable economic and market conditions, it is the project sponsor's intent to complete development of the property within six years. -5- 4,3, The total maximum residential units will be 569 units at a maximum density of 3.6 residential units per gross acre. TRACTS A & E: MULTI-FAMILY RESIDENTIAL A. Purpose: The purpose of this section is to indicate the land regulations for the areas designated on PUD Master Plan as Tracts A and E, Multi-Family Residential. B. Permitted Uses and Structures: No buildings or structures, 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. b. Common open space, recreational facilities and water management facilities. c. Nine hole golf course with the typical facilities of a private country club. 2. Permitted Accessory Uses and Structures: a. Customary accessory uses and structures. b. Signs as permitted at time of permit application. c. Airplane hangers and tie downs. d. Private road, pedestrian and bicycle paths, boardwalks and cross-walks, Jogging and nature appreciation trails, or other similar facilities constructed for purposes of access to or passage through the common areas. e. Lawn or golf course maintenance shop and equipment storage. --6-- 015 4,4, C. Maximum Dwellin9 Units: A maximum of 558 residential dwelling units. D. Minimum Yard Requirements for Principal Structures: 1. Depth from property boundary line (35) feet. Depth from edge of all private paved roads (25) feet. Minimum distance between any two (2) principal structures on the same parcel shall be fifteen (15) feet. Minimum distance between a development phase, or condominium tract line and any principal structure shall be seven and one-half (7.5) feet. E. Minimum Yard Requirements for Accessor~ Structures: As required by the Collier County Zoning Ordinance. F. Minimum Floor Area of Principal Structures: 900 Square feet for each dwelling unit. G. Maximum Height of Principal Structure: Three (3) living stories above one story of parking with a maximum height of forty-five (45) 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. H. Minimum Off-Street Parking: Two (2) parking spaces per residential unit with a minimum of 1.5 parking spaces/unit paved and .5 parking space/unit reserved for paving at a time deemed to be appropriate by the County. I. Limitation On Signs: As permitted by the zoning ordinance in effect at time of application for building permit. TRACT B : SINGLE FAMILY RESIDENTIAL A. P. urpose: The purpose of this section is to set forth the development plan and land regulations for the areas designated on PUD Master Plan as Tract B, Single Family Residential. -7- B. Permitted 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. Single Family Residences. b. Common open space & water management facilities. 2. Permitted Accessory Uses and Structures: a. Customary accessory uses and structures. b. Recreational uses and facilities. c. Airplane hangers or tie downs. Maximum Dwelling Units: A maximum of 11 residential dwelling units may be constructed. D. Minimum Yard Requirements: 1. Front Yard - 25 feet 2. Side Yard - 7.5 feet 3. Rear Yard - 25 feet 4. Accessory structure as required by current zoning ordinance. E. Minimum Lot Width: 100 feet. F. Minimum Lot Area: 12,000 square feet. G. Minimum Floor 6rea of Principal Structure: 1,200 square feet exclusive of patio, garage, and/or airplane hanger. -8- 4.5. H. Maximum Height of Principal Structures: Three (3) stories above the finish grade of lot or from the minimum base flood elevation required by the flood elevation ordinance. Off-Street Parking Requirements: Two (2) spaces, at least one of which shall be located within the permitted building area. J. Landscaping and Buffer: All buildings, enclosures, or other structures construCted for purposes of maintenance, shall have appropriate screening and landscaping. TRACT "C": PRIVATE AIR PARK DISTRICT: A. Purpose: The ~urpose of this section is to indicate the development plan and land regulations for the areas designated on the PUD ~:aster Plan as Tract "C", Private Air Park District. B. Deve:opment Plan: ':'he primary purpose of this Tract will be to provide the necessary aviational support facilities to ..ccommodate a private airport. These areas shall be utilized only in accordance with the provisions necessary to maintain and operate the private air park. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as burrer shall be protected and preserved so long as such plant life shall not interfere with the control of airspace within 700 feet from the end of the primary runway surface. 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: -9- 1. Permitted Principal Uses and Structures: a. Airport runway and administration building. b. Airport hangers, T-hangers, and Airplane tie downs. c. Aviational fueling and service shop. d. Aviational maintenance and service shop. e. Water management facilities. f. Any other similar aviational support facilities that may be necessary or compatible with the operations of a private air park. 2. Permitted Accessory Uses and Structures: a. Accessory uses customarily associated with the uses permitted in this district. b. Lawn or golf course maintenance shop and equipment storage. c. Signs as permitted at time of permit application. D. Minimum Yard Requirements: Setback from edge of primary runway surface - 100 feet. Other structures must conform with setbacks of the abutting properties land use regulations; however, they may not be placed within fifty (50) feet of the primary runway surface. E. Control of Airspace: The control of the airspace w~thin 700 feet from the ends of the primary runway surface shall be adhered to by the project sponsor. The control shall be of such a nature as to prevent any airport hazards from being grown, erected, or otherwise placed within a glide path of 20:1 from the ends of the primary runway surface. -10- 4,6. TRACT "D" - COMMERCIAL A. PurPose: The purpose of this Section is to set forth the development plan and land regulations for the areas designated on PUD Master Plan as Tract "D" Commercial Uses Permitted: 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) Antique shops; art studios; art supply shops; aviation fueling facilities without repairs; aviation maintenance and service shop, airplane hangers and tie-downs, administration building. b) Bakery shops; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; business machine services, c) Churches and other places of worship; clothing stores; cocktail lounges; commercial recreation uses - indoor; commercial schools; confectionery and candy stores. d) Delicatessens; drug stores; dry cleaning shops; dry goods stores; and drapery shops. f) Florist Shops. -11- g) h) i) J) l) m) n) o) P) r) s) t) u) v) w) x) y) Garden supply stores - outside display in side and rear yards; gift shops; gourmet shops. llardware stores; health food stores. Ice Cream stores. Jewelry stores. Laundries - self service only~ leather goods; legitimate theatres; liquor stores; locksmiths. Markets - food and/or meat; medical offices and clinics; millinery shops; museums; music stores. News stores. Office - general; office supply stores. Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing and mineograph service shops; private clubs; professional offices. Radio and television sales and services; research and design labs; restaurants. Shoe repair; shoe stores; shopping centers; souvenir stores. Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores. Upholstery shops. Variety shops; vehicle rental - automobile only; veterinarian offices and clinics - no outside kennels. Water Management Facilities. Watch and precision instrument repair shops. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the zoning director determines to be compatible in the district. -12- 2. Permitted Accessory Uses and Structures: a) Accessory uses and structures customarily associated with the principal uses. b) Caretaker's residence. c) Signs as permitted at time of permit application. Permitted Uses and Structures: Subject to Site Plan Approval. a) Car Wash. b) Child care center. c) Commercial recreation - outdoor. d) Detached residence in conjunction with a business - one (1) per business. e) Permitted use with less than 1,000 square feet gross floor area in the principal structure. f) Vehicle rentals. g) Hotel, motels, and time share facilities. C. Minimum Lot Area: Ten thousand (10,000) square feet. D. Minimum Lot Width: One Hundred (100) feet. E. ~ini~gm.Yard. Requirements: 1. Front yard - twenty-five (25) feet. Side yard - none, or a minimum of five (5) feet with unobstructed passage from front to rear yard. 3. Rear yard - twenty-five (25) feet· F. Distanqe Between_S~ructqres: Same as for side yard setback. G. ~aximum Height of Principal Structure: 45 feet. H. Minimum Floor Area of Structure: One thousand (1,000) square feet per building on the ground floor. I. Maximum Density: Sixteen (16) units per acre for transient lodging facilities, hotel, motels, and time share facilities with a maximum floor area of 500 square feet per unit. Off-Street Parking Requirements: As required by the '~on£n~ Ord£6~be i~ &ffeCt at the time of building permit. ~oo~ 015 P~c~ 178 5,2, SECTION V GENERAL DEVELOPMENT COMMITMENTS PURPOSE: The purpose of this Section is to set forth the standards for development of the project. P.U.D. MASTER PLAN: ae Bo The PUD Master Plan (Wilson, Miller, Barton, Soil & Peek, Inc. Drawing File No. RZ-59, Sheet 1 of 2), is an iljustrative preliminary development plan. The design criteria and layout iljustrated on the Master Plan 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 permitted 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 areas. To protect the integrity of the Planned Unit Development, residential neighborhood, the only access road shall be the private road as shown on the Master Plan with an exception for temporary construction roads. Areas iljustrated as "lakes" shall be constructed lakes, or upon approval, parts thereof may be green areas in which as much natural foliage as practical shall be preserved. Such areas, lakes and/or natural green areas, shall be of general area and configuration as shown on the Master Plan. -15- 015 179 5,4, 5.5. 5.6, 5,7, Il. Wetland subzones "A-i, A-2, A-3, B-I, C-l, E-1 and E-2" (Wilson, Miller, Barton, Sell & Peek, Inc. Drawing File No. RZ-59, Sheet 2 of 2), are iljustrative Subzones and will be conserved as much as practicable as storm water management/open space areas. These areas will be flagged for protection, prior to development. WATER MANAGEMENT: Detailed water management construction plans shall be submitted to and approved by the County Engineer prior to commencement of any construction. B. Appropriate easements to be granted to Collier County for maintenance of perimeter swale system. 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: A minimum of three swimming pools and three tennis courts shall be constructed by the project sponsor. Additional recreational facilities may be constructed by the future residents of this project. TRAFFIC: A. The project sponsor will provide to the appropriate governmental agency, an additional right-of-way of 17.5 feet along the south property boundary line for future road widening of Rattlesnake Hammock Road. B. The project sponsor agrees to construct a right and left turn storage lane on Rattlesnake Ha~nock Road for traffic entering ShadowWood and to pay his proportionate share of the costs of a traffic signal at the project entrance when required by the appropriate governmental agency. C. A sidwalk shall be constructed on one side of the main entrance road into the project. -16- 5.8. UTILITIES: A central water supply system shall be made available to all areas of the project. The water supply source for the project shall be the County system. Ail areas of the project shall be served by a central wastewater collection system and by an existing off-site waste water treatment plant. The existing plant shall be expanded as may be needed to meet the anticipated demands. Plans and D.E.R. permit applications for the sewage treatment plant shall be submitted to the Utility Division. The project sponsor agrees to comply with all applicable County laws and ordinances governing utility provisions and facilities. Telephone, power and T.V. cable service shall be made available to all residential areas. All such utility lines shall be installed underground. -17- I11 I I I~