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Ordinance 82-075 ORDINANCE 82- 7~ AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM-.j PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR-~ POKATED AREA OF COLLIER COUNTY, FLORIDA-' BY AMENDING TIlE ZONING ATLAS MAP NUMBER 49-25-6 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUl)" PLANNED UNIT DEVELOPMENT FOR WORLD TENNIS CENTER LOCATED ON TIlE EAST SIDE OF AIRPORT ROAD ACROSS FROM PINEI4OODS SUBDIVISION ; AND PROVIDING AN EFFECTIVE DATE: WIIEREAS, World Tennis Center, petitioned the ~oard cf County Commissioners to change the Zoning Classification of the herein described real property; NOW, TREREFORE BE IT ORDAINED Commissioners of Collier County, Florida: SECTION ONE: by the Board of County The Zoning Classification of the herein described real property located in Section 13, Township 49, Range 2~, Collier County, Florida is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" vhich is incorporated herein and by reference made part hereof. The Official Zoning Atlas Hap Number, Number 49-25-6, as described in Ordinance 82-2, is hereby amended accordingly. SECTION TWO: Thie Ordin. o¢~ ~.11 be¢o~ .f~e¢~iv..pon r.¢.ip~ of no,it. that is bas been filed ~ith t~e Secretary of State. DATE: August 24, 1982 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA I, I~ILLIA~! J. PEAG~N, Clerk of Courts in and for the Tw~n~e~ Judicial Circuit, Collier County, Florida, do bere/~., cert/fv that t. he foreg~ing is a true original of: O~DINANC~ ~. 82-75 wb/chw~s adopted by the r*~ard of Oounty Cu,,~ssio~ers during. ~yular Session August 24, 1982. WITNESS my hand and the official seal of the Board of County Cu,,~.tssioners of Collier Oounty, Florida, this 25th .day of August, 1982. ~Z~.~ J. ~4~ ................... Clerk of Courts and Clerk '*'. ,.*'~ .... ;'.?,,. Ex-officio to .~oard of ~':~..'~'-'~'"'..: ".> .. Oounty Cznmiasioners . ,.. . ...~, . ". ,,.~, ... 9ir~inJ6~aori, ner~utq C19~ '. .' '"... ',,, .'¥~1 .% , .This ordinance filed with the Secretary of State's Office the 31st day of August, 1982 and acknowledsement of that filin§ received this 3rd day of September, 1982, -D~Pu~y Clerk- WORLD TENNIS CENTER PLANNED UNIT DEVELOPMENT LOCATED IN SECTION 13 TOWNSHIP 49 SOUTH, RANGE 25 EAST PREPARED BY: WILSON, MILLER, BARTON, SOLL & PEEK, INC. 1383 AIRPORT ROAD NORTH NAPLES, FLORIDA 33942 DATE ISSUED July 12w1982 DATE APPROVED BY CAPC August 5. 19,82 DATE APPROVED BY BCC AUgUSt 2at lg~? (ORDINANCE NUMBER) TABLE OF CONTENTS SECTION I STATEMENT OF COMPLIANCE SECTION II STATEMENT OF INTENT SECTION III 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 DENSITY SECTION V GENERAL DEVELOPMENT COMMITMENTS PAGE 1-2 4 5-12 6-7 7-9' 9-11 11-12 13-15 SECTION STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Ronald A. Ire, Managing Partner, for the World Tennis Center Associates, 4800 Airport Road North, Naples, Florida 33942, to develop +82.6 acres of land located in part of Section 13, Township 49 So~th, 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 with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential development with associated recreational 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. The project development shall result in an efficient and economical extension of community facilities and services. The project development is compatible and 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. -l- SECTION STATEMENT OF INTENT It is the property owner's intention to commence development of a 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 sensitive areas of unique vegetation. Each village will have a private 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 residents of this project shall enjoy a low profile, silhouette residential recreational development among a scenic natural environmental setting. -3- 3.1. 3.2. SECTION III PROPERTY OWNERSHIP AND LEGAL DESCRIPTION PROPERTY OWNERSHIP.' The subject property is currently under the control of World Tennis Center Associates, 4800 Airport Road North, Naples, Florida 33942. 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 respectively. LEGAL DESCRIPTION: The subject property is described as~ 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 conveyed 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- SECTION IV GENERAL DEVELOPMENT REGULATIONS 4,1. PURPOSE: The purpose of this Section 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 low 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 of---~our land use tracts of general area and configuration as shown in Exhibit 'D' . 1. Tract A - Preservation-Conservation 2. Tract B - Professional Tennis Center 3. Tract C - Commons/Open Space Area 4. Tract D - Multi-Family Residential Low to Medium Density + 5.2 Acres + 15.0 Acres + 29.6 Acres + 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-- 4,4, TRACT PRESERVATION/CONSERVATION A. Purpose: 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 on Exhibit 'D' . B. 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. C. Treatment/Use: 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 A-1 as indicated on Exhibit 'D' Prohibit vehicles and construction equipment wi~~ exception of maintenance equipment. Removal of obnoxious exotics, i.e. Melaleuca Lecudenda, Schinus Terebinthifolius, and others in acC6rdanCe With County Ordinance 75-21. Establishment of a maintenance program to insure a healthy environment by directing water flow into Tract A to provide optimum surface flooding depths. Irrigation 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 valuable 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.,t~ 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 B: PROFESSIONAL TENNIS CENTER A. Purpose: 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'..·. Development Plan: 1. The primary purpose and function of this Tract will be to provide a professional tennis center which shall 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- Accessory Uses~ ~ , A) Gift shops, sports equipment sales, and other customary accessories intended to exclusively serve patrons of the Club and their guests. Signs as permitted at time of permit application. c) Small buildings, private road, control gate house, enclosures or other structures constructed for the purposes of maintenance, storage, recreation, or shelter with appropriate screening and landscaping. D) Any other customary accessory uses of tennis clubs or similar establishments. E) A residential model unit and sales office in conjunction with the promotion 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 Requirements: l) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location and treatment of buffer areas. 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: 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. F. Minimum Setback Requirements: All principal use buildings shall be set back a minimum of fifty (50) feet 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. --8-- 2) All principal use buildings shall have a minimum separation of twenty (20) feet. 3) Setback from edge of all private paved roads shall be twenty-five (25) feet. 4.6. TRACT C: COMMONS/OPEN SPACE AREA A. Purpose 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 and 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. Ail landscaping and earthwork to be performed in the Commons Area shall be of high quality and in keeping with the primary 9oals set for this development. -9- 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 spaces 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, enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. be Small docks, piers or other such facilities constructed for purposes of lake recreation for project occupants or members. Ce Signs as permitted at time of permit application. d. A temporary sewerage treatment plant. -10- D. General Requtrements~ 1) Duildings 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 lleight: 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 Parking: 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 "D", Multi-Family Residential, Low to Medi-~ Density. 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) Multi-family residences. 2. Permitted Accessory Uses and Structures: (A) Customary accessory uses and structures. -11- (B) Recreational uses 'and faci'lffff~ Such uses shall be visually and functionally compatible with the adjacent residences which have use of such [acilitieso (C) signs as permitted at time of permit applications. C. Maximum 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) Depth 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_S. tructure: 900 square feet for each dwelling unit. F. Maximum Height of Principal Structure: 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: Two (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- 5·2, PURPOSE: SECTION V GENERAL DEVELOPMENT COMMITMENTS The purpose of this Section is to set forth the standards for development of the project. PUD MASTER DEVELOPMENT PLAN: F® 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 1), is an iljustrative preliminary 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· Ail 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 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. -13- 5.3. 5.4. .CLEARING{ GRADING, EARTHWORK~ AND SITE DRAINAGE All clearing, grading, earthwork and site drainage work,.,~ shall be performed in accordance with all applicable sta~[D and local codes. The two cypress zone areas (Tracts A-1 & A-2), iljustrated in Exhibit 'D' will be protected during construction with fencing a6d posting. The haul roads will be identified, and the contractor will adhere to these roads, which will be stabilized if sand traps occur. 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 City of Naples system. A letter shall be obtained from the water agency approving extension of the water lines prior to site development. A letter shall also be obtained from the water agency committing delivery of water service prior to issuance of building permits for construction of dwelling units. Individual wells shall not be permitted for potable water supplies for residential areas. The water mains constructed are to be deeded to the County Water-Sewer District or other legally constituted governmental entity designated by the Board of County Commissioners. Be All areas of the project shall be served by a central wast,water collection system and by a temporary on-site treatment system in an approved location. The project sponsor agrees to dedicate the collection system to the County within 30 days following the placing of the sewage collection system and sewage treatment plant into service. Ce 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 80-112. D. An agreement between County and the owner of the development stating that: l) 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 to the project owner or his assigns for the sum of ten dollars ($10.00) per year. -14- b) All users of the sewage system shall be County customers. Rates charged for sewage collection and treatment service shall be approved by the County. 2) 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 available at the site. 3) The owners or their assigns will pay all system development charges mandated by County Ordinance, District Resolution or other legally acceptable instruments. 4) The sewage treatment plant and related appurtenances will be removed by the owners or their assigns at not cost to the County Water-Sewer District when the proposed development is connected to the County's Central Sewer System. E. Telephone, power and T.V. cable service shall be made available to all residential areas. All such utility lines shall be installed underground. The above utilities related requirments (A. thru D.) are as dictated by Utilities Manager, I.L. Berzon's memos of October 7 and 14, 1981 and July 2 and 22, 1982 to Mary Lee Kirchhoff, Planning Department. The requirements are intended to represent current County Utilities Policy. In the event the County policy/ ordinances regarding utilities are modified, the modified policy and/or ordinance requirements shall be applicable. 5,5. 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. -15- 5.6. 5,7° 5.8. 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 recreationsl facilities, as may be needed by the futuer residents of this project, shall be funded through a system of revenues collecting by the World Tennis Center Homeowner's Association. The Homeowner's Association By-Law 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 Homeowner's Association. All Homeowner's shall have a membership in the professional tennis center. TRAFFIC IMPROVEMENTS 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 a fair share contribution toward the capital cost of a traffic signal when deemed warranted by the County Engineer. The signal will be owned, operated and maintained by Collier County. SIDEWALKS/BIKE PATHS Sidewalks/bike paths may be constructed of crushed shell to be consistent with the natural environment of the development. -16-