Ordinance 82-080 ORDINANCE 82- 80
A~ ORDINANCE AMENDING ORDINANCE 82-2 THE COM-
PREI[ENSIVE ZONING REGULATIONS FOR THE UNINCOR-
PORATED AREA OF COLLIER CO~, ~O~IDA BY
~ING THE ZONING ATLAS ~P N~BER &8-2~-~ BY
C~GING THE ZONING CLASSIFICATION OF ~E HEREIN
DESCribED REAL P~OPERTY FROM "A-2" ~D 'GC' TO
"PUD" PLANNED UNIT DEVELOPMENT FO~ ~ISPERING
PINES, INC. & C~SS COR~, INC., LOCATED ~ST
OF US-&I, WEST OF IMPERIAL WEST GOLF CO~SE; ~D
PROVXDXN~ ~ EFFECTIVE DATE:
WttEREAS, ~hispering Pines, Inc. & Glass Corham, Inc.,
petitioned the Board of County Co~issioners to change the Zoning
Classification of the herein described real propertyl
NOW, TI1EREFORE BE IT ORDAINED by the Board of C~',~nty ~
Commissioners of Collier County, Florida: .' ----
SE~ION ONE: ~ r,~
Th~ Zoning Classifica~ton of the herein describnd real pr~ercy :~ ~
located in Section 1~, To~s~ip ~0 $., Ranis 26 E.~ Collier Coun~y~ ~
Florida is chansed from "A-2" & "GC" to "PUD" Planned Unit
Development in accordance with the PUD document attached hereto al
Exhibit "A" which ia incorporated herein and by reference made parc
hereof. The Official Zoning Atlas Map Number, Number &8-25-5, aa
deacribe~ in Or,thence 82-2. is hereby amended accordingly.
S£CTION TWO:
T~te Ordinance abel! become effective upon receipt of notice
that ts baa been filed vtth the Secretar7 of State.
DATE: Septzm~_r 14, 1982
BOARD OF COUNTY COI~4ISSIONERS
COLLIER COUNTY, FLORIDA
C.R."RUSS~'' WIMER, C~I~
~ OeFU:~,ZDA )
OOU',"~ OF COU. J:~ )
I, WIT~.TAM J. RrJ~JLN, Clerk of O:Rarts /n and for the T~ent/eth
Judicial Circu/t, C~llier COunty, Florida, do hereby certify that
the foregoing is a true. original of:
ORDiNaNCE NO. 82-80
~/ch w~s adopted by the Board of County C~,~issic~ers during
S~asicn September 14, 1982.
WITNESS my hand and the official seal of the Board of ~ounty
O~,,,dssioners of Collier County, Florida, this 15th day of September, 1982.
Tais ordinance filed with the Secretary of State's
Office the 21st day of Sept. 1982 and acknc~l~t
of thatr filing received this 23rd day of Sept. 1982.
--_
WIT ,T .T J~l~ J.
Clerk of Courts and Clerk
Ex-officio to Board of
County Oa~nissio~ers
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IMPERIAL WEST
A
PLANNED UNIT DEVELOPMENT
BY
Wh~sperSng P£nes, Inc.
Glass Gotham, Inc.
5600 North Tamiami Trail
/ Suite 4
Naples, Florida 33940
PREPARED BY
Coastal Engineering Consultants, Inc.
3883 Davis Boulevard
Post Office Box 8306
Naples, Florida 33941
Project Number ~ 81. 156
May,' 1982
Table of Contents
SECTION
Property Ownership and Description
SECTION 2
Project Oevelopmen~
SECTION 3
SECTION 4
Tract A-E Multl-Fam£1y
Tract F Recreational
SECTION 5
Tract G Access
SECTION 6
Development Standards
EXHIBIT 'A' Preliminary Project Plat Plan
Propert~ Ownership and Descr£ption
1.1 Purpose
The purpose of this section is to set forth the location and
owDorship of the subject property and to describe the existing
conditions of the property proposed to be developed under the
project name of Imperial West.
1.2 Legal Descriptions
See Exhibit"B".
1.3 Property Ownership
The subject property is currently under the ownership of
Whispering Pines, Inc., Glass Gorham, Inc.
1.4
General Description of Property Area
A)
The project site contains ninety eight (98) acres
(+) and is located on lands lying between U.S. 41
a~d Imperial Golf Estates, excluding lands lying
600 feet east of U.S. 41. The property is bounded
on the north by Royal Cove; on the east by Imperial
Golf Club West Course; on the south by Cocahetchee
Estates and various undeveloped lands; on the west
by land owner by the Petitioner that has been re-
zoned to "G.R.C."
The current zoning classification of the subject
property is "Agricultural" west of the Florida Power
and Light easement and "Golf Course" east of the
easement. The property is within the Collier County
water-sewer district and Water Management District
No. 7.
Physical Description
· The project is located within Collier County Water Management
District No. 7. The site property receives little or no runoff
from adjacent properties due to the development along tho north
line and the abandoned Seaboard Coastline Railroad, along the
east line. Traversing through the site is Imperial Golf Course
Boulevard, which isolates the property into two (2) halves.
The north half elevations range from +9.0 to +4.0 N.G.V.D., with'
the higher elevations in the east portion causing a south-westerly
flow of water. The south half elevations range from +9.5 to +4.0
N.G.V.D., with the higher elevations also in the east, resulting
in a southwesterly flow.
Water management for the proposed project will be the lake reten-
tion type. A series of lakes with grass-lined swales will store
and discharge runoff from the site, The ultimate discharge point
will be a tributary of the Cocahatchee River. Every attempt will
be made to design and permit a water management system that will
be beneficial to both the environment and residents of the project.
The soils found within the project boundaries include Seward fine
sand shallow phase (approximately 70 percent); St. Luc£e fine sand
(approximately 20 percent); and Ochopee fine sandy marl shallow
phase comprising the remaining soil. Soil characteristics were
derived from the Soil Survey of Collier County, Florida, issued
by the U.S. Department of Agriculture in March, 1954.
-2-
SECTION
project Development
2.1 Purpose
The purpose of this section is to set forth and generally describe
the project plan of development, the respective land uses of the
tracts included in the proJect,.as well as the project criteria for
Imperial West.
2.2 General
A)
Regulations for development of Imperial West shall be
in accordance with the contents of this document ~nd
with the PUD-Planned Unit Development District and other
applicable sections and parts of the "Collier County
Zoning Ordinance".
B)
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
A)
B)
Pro,oct Plan and Land Use Tracts
The project tract map, including layout and land use
of the various tracts, is iljustrated graphically by
Exhibit "A". There shall be seven (7) land use tracts,
plus necessary streets and rights-of-way.
1) Tracts A-E - Medium density multi-family residen-
tial (+) 85.7 acres
2) Tract ~ - Recreation (t) 8.4 ~cres
3) Tract G - Right-of-Way Easement (~} 3.9 acres·
In addition to the various areas and specific items
shown in Exhibit"A", such easements (utility, private,
semi-public, etc.) shall be established within or
along the various tracts as may be necessary or deemed
desirable for the service function or convenience of
tho project's inhabitants.
2.4 Haxtmum Pro~ect Density
No more than 489 dwelling unite shall be Constructed in the
within the boundaries o~ each tract, Up to a maximum o~ 20%
o~ the total project dwelling units may be
a tract or tgacts to any other tract or tracts. The gross
project area is 98 acres.. The gross project density, there~oge,
will be a maximum o~ 4.99 units peg acre.
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SECTION 3
Tracts A through E Medium Density
Muiti-Fn'miiy Resldentiai Development
3.1 Purpose
The purpose of this Section is to indicate the development plan
land regulations for the areas designated on Exhibit "A" as
Medium Density Multi-Family Residential.
3.2
Site Plan Requirements for Tracts
A)
In the event an entire multi-family tract is sold by
any owner to a second party for subsequent development
by that second party, a master (or site) plan for the
entire tract must be submitted by the second party end
be approved by the appropriate Collier County agencies
prior to the issuance of building permits. Such
master (or site) plan shall show the proposed location
of all access roads, off-street parking areas,
recreation facilities, landscape plan, other accessory
uses and mu[ti-family residential structures and the
distribution of dwelling units among the proposed
structures.
B)
In the event a multi-family tract is sold by any owner
in fractional parts to other parties for subsequent
development, the following procedure shall be adhered
to=
1)
The owner who proposes to fractionalize any
tract, shall submit a master plan of property
and dwelling unit distribution covering the
entire affected multi-family tract for review
and approval by the appropriate Collier County
agencies. Such approval shall be obtained
prior to the sale of any fractional part of the
affected tract. .The master plan of property and
dwelling unit distribution shall include access
road size, location, ownership and maintenance,
and the distribution of land and dwelling units.
Such distribution of land vs. dwelling units
shall be as nearly proportionate as possible.
-5-
2)
The developer of a fractional part of ~ development
tract must submit at the time of application for
a building permit, a detailed site plan fo= his
fractional part. Such site plan shall show the
proposed location of all access roads, off-street
parking areas, recreation facilities, landscape
plan, other accessory uses and multi-family res-
idential structures and the distribution of
dwelling units among the proposed structures.
3.3
Maximum Dwellin~ Units'
A maximum number of 489 dwelling units may be constructed on the
tracts designated as multi-family, distributed as follows=
Tract A
Tract B
Tract C
Tract D
Tract E
Tract F
98 dwelling units
70 dwelling units
93 dwelling units
78 dwelling units
114 dwelling units
36 dwelling units
Total 489
These units may be located or cjustered as desired over the
development tracts to enable maximum open space and preservation
of natural vegetation, subject to limiting conditions as set forth
in this document.
3.4 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:
A) Principal Uses
1)
2)
3)
Multi-family residential structures
Project management office and facilities
Cjuster housing.
B)
A,c, ce s sor~, Uses
1) Customary accessory uses and structures, including
:- private garages and stet.age buildings.
-6-
3.5
3.5.1
3.5.2
3.5.3
2)
3)
4)
Recreational uses and facilities such as boat
ramps and small docks, swimming pools, children's
playground areas, tennis, clubhouse, gymnasium,
etc. Such uses shall be visually and functionally
compatible with the adjacent residences which have
the use of such facilities.
Signs as permitted at time of permit application.
Model dwelling units shall be permitted in con-
Junction with the promotion of the development.
Maintenance and utility buildings and facilities.
Boat ramps or small docks to allow lake recreation.
Regulations
General: All criteria listed below shall be understood
to be in relation to the respective tract boundary lines
or between buildings unless otherwise specified.
Minimum Yards: The multi-family "tracts" included in the
project ~e~ign are not intended to facilitate traditional
criteria for front, side and rear yard setbacks. On the
other hand, the following criteria are herein included
so as to preserve the integrity of the project:
A) Frontyard setback as measured from edge of internal
pavement 35 feet
B) Setbacks from project boundary lines - 25 feet
C) Setbacks from Florida Power & Light Easement - 25 feet
D) Setbacks from lakes - 15 feet from top of bank
E) Distance between principal structures - 20 feet or
one half (1/2) the sum of the heights of the adjacent
structures, whichever is greater.
F) Setbacks from internal common tract boundaries - 25
feet for adjacent tracts developed under separate
master plans, zero for adjacent tracts developed
under the same master plan.
G) Setback from Imperial Golf Course Boulevard - 50 feet.
Minimum Floor Area: ~ach d~elling unit shall have a
minimum floor area of 850 square feet.
Maximum Height: Three (3) floors of living area, with
~e floor of "parking below. .
-7-
3.6
3.6.1
O~f-Street Parking, Requirements '
Requirements~ Two paved parking spaces per residential
unit.
3.'$.2
Location~ Required parking spaces shall be located
~it'h respect to the building they are intended to
serve.
-8-
SEC?ION 4
Tract F
· Recreational.
4.1 Purpose
The purpose of this section is to set forth the regulations for
the recreational tract "F" as shown on Exhibit
4.2 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:
A) Principal Uses
1)
Shuffleboard courts, tennis courts, swimming pools,
gymnasium and other types of facilities intended
for both indoor and outdoor recreation.
2)
Small buildings, enclosures or other structures
constructed for purposes of maintenance, storage,
recreation or shelter with appropriate screening
and landscaping.
3)
On-site sewage treatment plant/facilities (see
Section 4.6).
B)
Accessor~ Uses
1) Clubhouse, pro-shop and other customary accessory
uses of recreational facilities.
2)
Small commercial establishments, including snack
bar, gift shop, cocktail lounge, and similar uses,
intended to exclusively serve patrons of the
permitted recreational facilities, subject to the
provisions of the zoning ordinance at the time of
building permit application.
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4.3
A)
General Requirements *
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,
B)
Recreational buildings shall be set back a minimum of
fifty {50) feet from abutting residential structures a~d
the setback area shall be appropriately landscaped and
maintained to act as a buffer zone, provided that access
roads may be allowed within the fifty feet.
c)
Lighting facilities shall be arranged in a manner which
will protect roadways and neighboring properties from
direct glare or other interference.
D)
A site plan shall be provided showing pertinent structure
locations upon application for building permit.
E)
Setbacks for recreational facilities and related buildings
will be measured from tract boundary lines.
4.4 Maximum l{eiphts
Fifty (50) feet above finished grade or from the minimum base flood
elevation as required by the Flood Elevation Ordinance or South
Florida Water Management District, whichever is greater.
4.5 Minimum Off-Street Parking
As required by zoning ordinance at time of permit application.
4.6 Special Uses
A portion of the recreational tract may be used as the location of
a temporary sewage treatment plant and oxidation/evaporation pond,
until such time as County sewerage is available. It is presently
anticipated that County facilities will be available by July, 1983.
At such time as the temporary on-site treatment plant is discon-
tinued, the Portion of the recreation 'tract that was utilized for
sewage treatment may. revert to multi-family residential with an
assigned density of 36 units or be used as area for recreational
facilities. Land, if used for multi-family residential, will fall
under conditions set forth in Section 3.of this document.
·
T~act G
.Access
5.1 General
Imperial Golf Course Boulevard traverses the subject property and
is presently used as access to U.S. 41 by Imperial Golf Estates.
5.2 Future Use
A)
Imperial Golf Course Boulevard shall be used by residents of
each tract for ingress and egress purposes as shown on
Exhibit "A". The present right-of-way width shall remain at
sixty (60) feet except as noted in item B below.
B)
At the time of development of the commercial area, that
fronts U.S. 41, Imperial Golf Course Boulevard shall be
widened to four lanes from the west property line to
U.S. 41. For a distance of 200 feet east of the west property
line, the right-of-way shall taper from 100 feet in width to
60 feet in width.
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0/.6 PA. 62
· SECTION 6
Development Standards
6.1 Purpose
The purpose of this section is to set forth the standards for the
development.of the project.
6.2 General
All facilities shall be constructed in strict accordance with
the Final Development Plan and all applicable State and local
laws, codes, and regulations. Except where specifically noted
or stated otherwise, the standards and specifications of the
current official County Subdivision Regulations shall apply to
this project.
6.3
A)
c)
PUD Master Development Plan
Exhibit "A" iljustrates the proposed development tracts.
Street locations, tract and lake boundaries, etc.,
iljustrated on Exhibit "A" shall be understood to be
flexible. Minor variations in density assignments;
acreages; and locations of street, lake and tract
boundaries shall be permitted at final design to
accommodate topography, vegetation and other site
conditions. Minor variations shall be defined as
twenty (20) percent for acreages and density assign-
ments and two hundred (200) feet for street, lake and
tract boundaries locations.
All necesssry easements, dedications, or other in-
struments shall be granted to insure the continued
operation and maintenance of all service utilities
and all areas in the project.
-12-
6.4
Clearing{ Grading, Earthwork and Site ~rain~je
All clearing, grading, earthwork and site drainage work shall be
performed in accordance with all applicable State and local codes.
6.5 Street Construction
All streets will remain private and street design and construction
shall conform to the requirements of Subdivision Regulations.
6.6
Easement for Underground U~ilities
Easements for underground utilities such as power, telephone,
TV cable, wastewater collection and transport, water distribution
lines and other similar utilities necessary for the service of
the project shall be located as required and granted for those
purposes. Clearing of the easements for installation of underground
utilities shall be selective so as to protect the maximum number of
trees and natural vegetation.
6.7
Water Supply, Wastewater Collection, Transport & Disposal
Ail construction plans and technical specifications for the proposed
Utility Facilities must be reviewed and approved by the Utility
Division prior to commencement of construction.
All on-site and off-site Utility Facilities constructed by the
Developer in connection with the Development shall be constructed
to County Standards at no cost to the County and shall be deeded
to the County water Sewer District, in accordance with applicable
County Ordinances and Regulations.
All customers connecting to the sanitary sewer and water distribu-
tion facilities will be customers of the County Water-Se%Cer District
and will be billed in accordance with a rate structure approved by
the County.
Ail construction on the proposed sanitary sewer system shall
utilize proper methods and materials to insure water tight conditions.
Data pertaining to percolation rates for the proposed sewage
disposal ponds shall be submitted with the construction plans to
aid in evaluating the capacity of the site to handle the proposed
wastewater flow.
Appropriate Utility Easements dedicated to the County Water-Sewer
District mu~t be provided for the proposed water and sewer
facilities to be constructed when they do not lie within public
rights-of-way or Utility Easements.
·
.Data required under County Ordinance No. 80-112 must b~ ~ubmitted
and approval granted prior to approval of the construction
documents for the project. Submit a copy of the approved DER
permit application for the sewage collection and transmission
system and a copy of the approved DER permit applications and
construction permit for the wastewater treatment facility to be
utilized.
The petitioner and/or his assigns acknowledges that adequate wate~
supply and pressure may not be available from the County's Regional
Water System to the project when construction is ready to com~ence.
If both adequate supply and pressure are not available at the
time construction is to start, building permits will not be
issued until the petitioner or his assigns presents plans, speci-
fications, and cost estimates prepared by a Florida registered
engineer to the Fire Control District and Utility Division for
their approval. These documents must show that the petitioner is
able and committed to provide on-site water supply or storage
facilities adequate and capable of meeting the water demands of
the proposed development. These on-site facilities must not
adversely affect the operation and safety of the existing water
supply and service area.
If interim on-site facilities are required, the Developer is
strongly encouraged to coordinate his planning efforts with the
Utilities Division. A Joint financial cooperation and effort
on the part of the Developer and other Developers in similar
circumstances, may permit the construction of permanent facilities,
in advance of the District's schedule and financial abilities.
A written agreement with the Developer of the project, legally
acceptable to the County Water-Sewer District, stating that:
1)
Connection to the County's Central Water and Sewer
facilities will be made by the owners, their assigns
or successors at no cost to the County or to the County
Water-Sewer District, within 90 days after such facili-
ties become available.
2)
The design and construction of the on-site transmission
facilities up to the project limits for the sanitary
sewage shall be performed as, part of the initial
utilities construction. These facilities shall be
designed to provide a means of transmitting sewage to
County's Central Sewage System fron the proposed
wastewater treatment facility site or other appropriate
central collection point withi'n the project.
-13a-
All construction plans and technical ~pecifications
.related to connections to the County's Central Sewer
facilities will be submitted for review and approval
prior to commencement of construction.
· he o~mers, their assSgns or successors sha$1 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.
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6.9
Solid Waste Disposal
Arrangements and agreements shall be made with the approved
solid waste disposal service to provide for solid waste collection
service to all areas of. the project.
6.10
Other Utilities
Telephone, power and TV cable service shall be made available
to all residential areas. All such utility lines shall be
installed underground, provided that electrical feeder lines
serving high use areas such as water pumping and sewer lift
stations and transformer banks, shall be permitted above ground.
All signs shall be in accordance with the appropriate Collier
County ordinances.
6.12 Landscapin~ for Off-Street Parkin9 Areas
All landscaping for off-street parking areas shall be in
accordance with the appropriate Collier County ordinances.
6.13
Parking, Storage, or use of Major Recreational Equipment
No major recreational, vehicle or equipment shall be used for
living, sleeping, or housekeeping purposes. In addition, the
regulations of Section 9.7 of the Collier County Zoning Ordinance,
entitled "Special Regulations Restricting the Parking of Coramercial
and Major Recreational Equipment", shall apply as if the property
owners had established said "RP" District in accordance with
Subsection 9.7.C. of the Collier County Zoning Ordinance.
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