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Ordinance 82-082ORDINANCE 82 - . 82 ....... AN ORDINANCE A~fENDING ORDINANCE 82'2 THE CONPRF. HENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY A~IENDING THE ZONING ATLAS NAP N~fBER 48'25'2 BY CHANGING TIlE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY FRON "A-~-' TO "PUD" FOR PROPERTY LOCATED SOUTH OF THE RETREAT AND KNOttN AS "THE VILLAG~ PLACE"; AND BY PROVIDING FOR AN EFFECTIVE DATE. IfltEREAS, Garb, Inc. petitioned the Board o£ County Commissioners to change the Zoning Classi£ication of the herein described property; NOW, THEREFORE BE IT ORDAINED by the Board of County Co~tsstoners o£ Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described property located in Section 9, Township 48 South, Range 25 East is hereby changed from "A-2" agriculture to "PUD" Planned Unit Development in accordance with the PUD Document attached hereto and identified as Exhtbt.t A and the Official Zoning Atlas Nap Number 48-2S-2, as described in Ordinance 82-2 is hereby amended accordingly. SECTION T~O: Thie Ordinance ehall become effective upon ~ceipt of notice that ia ham been filed vith the Secretary o£ State. DATE: Sc~te~erl4, 1982 BOARD OF COUNT~ COMMISSIONERS COLLIER COU~A'Y, FLORIDA ~ ~ COT,T.~ ) I, WILLIAM J. ~AGAN, Clerk of Courts in and for the ~ntieth Judicial Circuit, Collier County, Florida, ~o hereby certify t~at t~e for~going is a true original of: ORDIN2~/gCE NO. 82-82 ~hich ~s adopted bM the Board of County C~,,,~Lssicnera during ~egular Sessi~ Sc~t~ 14, 1982. WIT~ESS my hand and the official ~ of the Board of County C~,,,~ssio~rs of Collier County, Florida, this lSth day of Septe~0er, 1982. This ordinance filed wi~h the Secretary of State's Office the 21st day of Sept. 1982 and acknowledgement of that filing received this 23rd day o/f_Sept. 1982. Virgin~ Magri, Deputy6~ferk W1T~.T~M J. REAGAN Clerk of Courts and Clerk Ex-officio to Board"O'f .... ",,,,, County O~,~issioner~ ~ ~",.'. ",,, ... ,,~..:. ~ '... ~.~ % ]~, ~/~..~. ~ ~. "." .'-" , .,.,% ~.,. ., ...... .. Unit Devalopmen= Document THE VZLLAGS P~ACE by GATH, In=. Prepared Coastal En~£neer£ng Consultants, ~nc. Naples, Florida May, 1982 Architectural Consultantst Moyer & Dyehouse, ~hc. Naples, Florida Environmental Consultant: Appl£ed Environmental Services, Inc. Marco Zslan6, Florida Legal Counsel= Kenneth G. Hadcock Naples, Florida INDEX PrgJect Descrigtion Statement of Comgliance Evidence of ~nifie~ Ownership/Control ' Development Standards Res~dential Tracts Recreational Tract Exemptions from Subdivision Regulations Development Commitments A C D LIST OF EXt{I~ITS~ Soundar¥ and Topographic Map Vegetation and Soils Map Conceptual Water Management Plan Community Facilities and Services Rating Evidence of Unified Ownership/Control · t SECTION I - PROJECT DESCRIPTION The project site for THE VILLAGE PLACE is a strip of land located in northwestern Collier County in Section 9, Township 48 S, Range 25 E. Containing 72.5 acres, the property measures approx- imately 680 feet by 4,640 feet. It is bounded to the east by U.S. Highway 41, to the north by The Retreat P.U.D., to the west. by Vanderbilt Drive (C-901) and to the south by undeveloped lands lying in Section 16. A location map is included on the Master Site Plan. THE VILLAGE PLACE is to consist of seventeen (17) building tracts, plus a commonly owned recreational tract, which will provide space for recreational activities, utility and main- tenance facilities and preservation lands. It is the developer's intent to encourage, bY means of architectural review, archi- tectural continuity between lots developed. Access to the various tracts will be provided by a single, two- lane private minor collector street with entrances on U.S. Highway 41 and Vanderbilt Drive. Internal access will be provided by a system.of private driveways and parking lots with no more than one entrance per tract onto the collector street. 'The total maximum number of units for the project will be 406, a gross density of 5.6 units per acre. The zoning classification most closely resembling the project is RMF-6. It is the developer's intent, and the intent of this document, to provide site~ for a variety of single family and low-rise multi-family dwelling units, developed under compatible architectural themes. The specific elements of land use are summarized in Table 1. i .1:-1 TABLE 1 · Approximate Percentage Land Use ~c~ea~a o~ Pro~ect Street R.O.W. (Private) 7.6 10.5 Recreational Tract 9.? 13.4 Residential Tracts 55.2 '76.1 Total ?2.5 ~oo.0 Schedule of.....Ope~.SpaCe App~oximate P~rcentage ~crea~e ' of Project Recreational Lands Lakes Within Residential Tracts 7.1 9.8 9.0 12.4 27.4 37.8 Total 43.5 60.0 It is anticipated, based upon projected market conditions, ~hat the project will be constructed in phases over a period of three to five years. Development will progress from west to east, with the entrance at U.S. Highway 41 being included in the final phase. I-2 SECTION II - STATEMENT 6F COMPLIANCE The rezoning to Planned Unit Development of 72.5 acres located In Section 9, Township 48 South, Range 25 East, Collier County, Florida, to be known as THE VILLAGE PLACE, is in compZiance with the objectives stated in the Comprehensive Plan and with the requirements of the Collier County Zoning Ordinance, for the fol- lowing reasonsz 1) The project rates in excess of the 22' points required to be considered as having adequate community facilities and services. (See Exhibit E). The property is adjacent to a Planned Unit Development of similar density, The Retreat, and is in an area where several other similar projects are in various stages of approval. The property is well-served by existing arterials to both the east and west and by County water and sewer facilities. II-I SSCT:ON III - £VIDENCE O? UNZFISD O,WN,ERSHZP~C~NTROD 3.01 3.02 Legal Description, The South 1'/2 of the South 1/2 of the South 1/2 of Section 9, Township 48 South, Range 2$'Eest, Collier County, Florida, lying West of U.S. Highway 41. Title to Progerty The entire property is owned by GATH, Inc., a Florida corporation, subject to the conditions enumerated in Exhibit "F". III-1 4.0]. 4.02 4.03 SECTION IV - DEVELOPMENT STANDARDS. pur?ose The purpose of this Section is to sst forth ~he general conditions that will control development o~ the project. General Plan of Develo. pment The general plan of development of THE VILLAGE PLACE is for a planned residential community consisting of architecturally compatible dwellings, and a community recreational site. Reserved IV-1 4.04 4.05 Site Plan Review Required ~ " Prior to application for building permits, the developer of any tract must submit to the Zoning Director a detailed plot of his tract. Such plot plan shall show the proposed location of all buildings, access roads, offstreet parking and loading areas, refuse and service areas, required .yards and other open spaces, locations for utilities hook-up, screening and buffering, signs, lighting, landscape plan, other accessory uses and structures and the distribution of dwelling units among the proposed structures. No building permit shall be issued unless and until said plot plan is approved by the Zoning Director. Land Use and Density Table 2 lists the approximate acreage and the number of dwelling units assigned to each tract, as shown on 'Exhibit A, the P.U.D. Master Plan. 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 aa twenty (20) percent for acreages and density assignments and one hundred (100) feet for street, lake and tract boundary locations. IV-2 Land Use Type RESIDENTIAL Tract 1 4 6 7 8 9 10 11 12 13 14 15 16 17 VILLAGE PLACE ~ND' USE SCHEDULE Approximate Acreage 2.5 2.5 3.3 5.5 2.6 2.5 2.5 5.1 3.0 3.0 2.7 2.5 2.9 3.6 3.? 4.2 Maximum No. of D.U. 21 21 28 28 '21 21 21 26 26 26 21 21 21 24 27 29 RECREATIONAL Tract 19 STREET R.O.W. 9.7 Tract 18 ~.7.6 0 Total 72.5 406 The total maximum number of dwelling units to be built on the project is 406. Each tract shall be permitted to be developed with the maximum number of dwelling units as assigned in this Section. IV-3 4.0'6 Definitions shall be aa contained 'in the Zoning Ordinance oK Collier County, as adopted by the Board of County Commissioners on January 5, 1982. Nhere the name of the developer, GATH, Ino. is used, it shall be construed to mean #GATH, Ino.t its auccessors or assigns". IV-4 5.01 5.02 SECTION V - UTILITIES .purpose The purpose of this Section is to describe the availability of and provisions for utilities for THE VILLAGE .PLACE. Utility Manager's Stipulations. 1) 2)¸ 4) 5) All construction plans and technical specifications for the proposed Utility Facilities must be reviewed and approved by the Utility Division prior to com- mencement of construction. All permanent 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. Ail customers connecting to the sanitary sewer and water distribution facilities will be customers of the County Water-Sewer District and will be billed in accordance with a rate structure approved by the County. All 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. 6) Appropriate Utility Easements dedicated to the County Water-Sewer District must be provided for the proposed water and sewer facilities to be con- structed, when they do not lie within public right-of-way or Utility Easements. V-I 8) 9) Data required u~der County Ordinance No~ 80-112' must be submitted 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 transmis- sion system and a copy of the approved DER permit application and construction permit for the waste- water treatment facility to be utilized. The petitioner and/or his assigns acknowledges that adequate water supply and pressure may not be avail- able from the County's Regional Water System, to the project, when construction is ready to commence. If both adequate supply and pressure are not avail- able at the time construction is to start, building · permits will not be issued until the petitioner or his assigns presents plans, specifications, and cost estimate 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. a) The proposed on-site waste-water treatment facilities to be constructed as part of the proposed project must be regarded as interim~ the plant must be operated and maintained by the developer or his successors and removed at no cost to the County at time of connection to the County System. b) Connection to the County's Central Water-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 facilities become available. c) 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 of transmitting sewage to County"s Central ¥-2 5.03 Sewage System from the proposed wWstewater treatment facility site or other appropriate central collection point within the project. Ail construction plans and technical specifi- 'cations related to connections to the Countyts Central Sewer facilities will be submitted for review and approval prior to commencement of construction. e) The owners, their assigns or successors shall 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. Traffic Improvements Subject to Florida Department of Transportation approval, the developer shall provide the following~ 1) A northbound left-turn storage lane and a south- bound right-turn deceleration lane on U.S. 41 at the project entrance, at the time of connection of Village Drive to U.S. 41. 2) A fair share contribution toward the capital cost of a traffic signal on U.S. 41 at the project entrance when deemed warranted by the County Engineer. The signal will be owner, operated and maintained by Collier County. 3) The developer shall also provide left and right turn lanes on Vanderbilt Drive at the project entrance. All required turn lanes shall'be constructed before any certificates of occupancy are issued, subject to the provisions of item 1 of this section, as ammended. 4) 5) Fifty (50) feet be reserved along the south property line for future road construction and that if this proposed roadway is deleted from the Comprehensive Plan, the petitioner be released from his obligation to set aside this area. V-3 5.04 5.05 5.06 5.07 5.08 5.09 Water Management racili'tias . The surface water management system wi~l be owned and maintained by a property owners' association, which will also be responsible for owning and maintaining the minor COllector street. Solid Waste Collection Solid waste collection and disposal will'be'handled by the County-deisgnated franchise holder for that service. . Electric Power Service Florida Power and Light Company will provide electric power service to the project. Telephone Service United Telephone Service will provide telephone service to the project. Television Cable Service The Village Place is located within the franchise area of South Florida Cablevision. Easements for Underground Utilities Utilities such as telephone, electric power, television cable, water and sewer, 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. Easements shall be provided for all utility services, as required by subdivision regulations. V-4 6.01 6.02 6.03 6.04 SECTION VI - RESIDENTIAL TRACTS ~urpose, The purpose of this Section is to set forth the regulations for the residential tracts, as shown on the Master Site Plan. Maximum Dwelling Units The maximum number of dwelling units-per lot shall be that shown in Section 4.05 and on the Master Site Plan, subject to the provisions of Section 4.05. Permitted Uses ~o 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 followingl a. Principal Uses 1) 2) 3) 4) 5) Single family dwellings, two-family or duplex dwellings, multiple-family dwellings up to a maximum of six (6) dwelling units per. structure, and cjuster housing, provided that no dwelling unit of any type may be located above another dwelling unit. Parks, playgrounds, playfields and commonly owned open space. Water Management facilities. Recreational clubs, intended to serve the surrounding residential area. Sanitary waste water collection, treatment and disposal facilities. Permitted Accessory Uses and Structures 1) Customary accessory uses and structures, including private garages. 2) Signs as permitted by tho Zoning Ordinance of Collier County, except that the following provisions shall apply to.the exemption for non-illuminated temporary construction project ground signs= One (1) non-illuminated temporary con- struction project ground sign containing VI-1 6.05 3) 4) general information descr£bing th~ project and identifying the developers, contractors, subcontractors, design professionals and others involved with the pro,eot shall be permitted for each tract developed. Such signs shall be limited in size to sixty (60) square feet and shall be removed within fifteen (15) days of the completion or cessation for any reason of construction activities. Model homes shall be permitted i~ conjunction with the promotion of the development, so long as the Developer has units for sale within the particu- lar tract, during the normal course of business. Walls and fences constructed of materials and finishes architecturally compatible with the . principal structures to which they are accessory, shall be permitted subject to the provisions of the Collier County Zoning Ordinance and of this document. Regulation~ 6.05.01 Minimum Lot Areas A minimum area of 2,400 square feet per ~welling unit shall be provided in some combination of individual lots and contiguous common open space, excluding private and public roads. 6.05.02 Minimum Lot Widths ae be Minimum individual lot (envelope) width for each dwelling unit related to a structure containing at least two (2) but not more than six (6) dwelling units shall not be less than twenty (20) feet measured between the side lines at the required front setback line· Minimum individual lot width for a single ~etached unit structure shall not be less than forty (40) feet measured between the side lot l[ne~ at the required front setback line. '-' ' VZ-2 · t 6.05.03 6.05.04 ae From outer project boundary lines and .from the right-of-way line of the in- .ternal collector street, Tract 18, twenty-five (25) feet. Ce ee From the right-of-way linC'of Vanderbilt .. Drive, thirty five (35) feet. From U.S. Highway 41 rlght-of-way~'fift~ CS0)feet. From the edge of pavement or gutter, if any, of a private road or drive internal to a residential tract, twenty (20) fee=. From a common residential tract boundary, ten (10) feet, provided that no setback' is required from such common tract boundary when the two tracts are developed under the same site plan. Distance Between Structures 1) Between any two principal structures there shall be a combined minimum yard of 1/2 the sum of their heights but not less than twenty (20) feet, except that side yards for single family detached dwelling units may be a minimum of seven and one-half (7.5) feet. 2) Between any two accessory uses there shall be a combined minimum yard of twenty (20) feet. Maximum IIeight of Princi~al and Accessory Structures Principal Structures: Thirty-two (32) f6et above minimum federal base flood el,yeti'on, provided that no structure shall contain more than three (3) storys, habitable or otherwise. Accessory structures shall be no higher than fifteen (rS) feet above the minimum federal base flood elevation. VI-3 6.05.05 6.05.06 6.05.07 6.05.08 ~4inimum Floe= Areat Thsse pr~nc'ipal use structures wH£~h aec identified in Section 6.03.a shall be as follows: One (1) story structures shall not contain less than one thousand (1,000) square feet and two (2) or three (3) story structures shall not contain less than twelve hundred (1,200) square feet, eight hundred (800) square feet of which must be on the first habitable floor. Off-Street Parktn~t Those principa! use structures Which a~e identified in Section 6.03a shall contain a minimum of two (2} spaces per dwelling unit, provided that at least one space per dwelling unit shall be in an enclosed garage. The Zoning Director may permit a lesser number of parking spaces to be paved when circumstances indicate infre- quent use. However, those unpaved spaces shall be grassed and reserved for future parking. Off-Street Park~n~ Landscaping~ Land- scapi'ng shall b'e pro%'£ded as required by the Zoning Ordinance of Collie~ County. Parkin~ of Commercial and Major Recreational Equipment= The regulations of Section 9.7 of th~ Collier County Zoning Ordinance, en- titled "Special Regulations Restricting the Parking of Commercial 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. VI-4 Iii I ' ' ' ' ' ' --' 7.01 7.02 SECTION VIZ - RECREATIONAL TRACT Purpose, The purpose of this Section is to set forth the regulations for the area designated on Exhibit A,. r~aster Site Plan, al Recreational Tract. Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered, or used, or land of water used, in whole or in part, for other than the following~ Principal Uses 1) Nature trails including boardwalks through naturally vegetated areas and bridges over water management lakes. 2) Park, playgrounds, playfields, tennis courts, swimming pools, basketball courts and accessory clubhouses. Potable water treatment and distribution facilities. '4) 5) Sanitary waste water collection, treatment and disposal facilities. Utility services equipment, storage and maintenance. 6) Lawn and grounds maintenance shops, equipment storage and offices. 7) Any other use associated with maintenance or utility services when approved by the Zoning Director. 8) Water Management facilities. 9) Preservation areas. 10) Other activities an~ facilities for recrea- tion, conservation and preservation. VII-1 Permitted A~cessory, Uses and Structures . ' .1) Accessory uses and structures customarily associated with the uses permitted in thie District. Signs as permitted in the Collier County Zoning Ordinance, subject to the provisions of Section 6.04.2 of this P.U.D. document. Recreational Tract Ownership and Maintenance The Village Piece Property Owner's Association, a nonrprofit property owner's association, will be granted ownership of the recreational tract, along with the authority and responsibility for planning, control, supervision, maintenance and enforcing applicable convenants and restrictions for this area. VXX-2 SECTION VIII - EXEMPTIONS FROM SUBDIVISION REG'ULATIdNS 8.01 8.02 8.03 ~urpose .. Tho purpose, of this ~ection is to describe those requirements of the Collier County Subdivision Regulations from which The Village Place will be exempt. Private Street Right-of-Way Widths Because of the relatively low traffic flows antici- pated (ADT - 2,436 trips per day), an exemption is requested to permit the right-of-way and construction of the minor collector street, Village Drive, to con- form to the requirements of a 2-lane local street with yes-gutters instead of those for a 2-lane minor collector with yes-gutters. Private drives internal to residential tracts providing two-way traffic shall be of minimum width twenty (20) feet located in rights-of-way of minimum width forty (40) feet. Drives providing one-way traffic shall be of minimum width ten (10) feet located in rights-of-way of minimum width thirty (30) feet. Off-street parking lots shall conform to dimensional standards contained in Section 8.12 of the Collier County Zoning Ordinance. Sidewalks The primary use of sidewalks within the project will be to provide pedestrian and cycling access to the com~unity recreational facility, located near the center of the project on the north side of Village Drive. An exemption is requested to permit a bicycle path of width five (5) feet along only the north side of Village Drive. Sidewalks within residential tracts may be located on one side of the local streets or in any configura- tion which provides convenient access to the residents. VIII-1 · t 8.04 8.05 Clearing for Streets Where the minor co~lector traverses a particular~y low or environmontally sensitive area, the extant of olearing and filling within the right-of-way may be reduced to limit environmental impact, provided the County Engineer approves. Length of Cul-de-Sao Streets " ' Exemption from the prohibition of dead-end streets in excess of one thousand (1,O00) feet is requested for Village Drive during the phased construction of the project. An adequate turn around will be provided at the temporary end of the street until such time as the road is completed from Vanderbilt Drive to U.S. 41. This exemption shall not apply to streets internal to the residential tracts. VZZZ-2 9.01 9.02 SECTION IX - DE~ELOPMENT...COMMITMENT~ Purpose, The purpose o£ this section is to sat forth the developer's commitments concerning the development of THE VILLAGE PLACE.. Compliance with Master Site Plan If the applicant GATH, Inc., its successors or. · assigns, proceeds with the proposed development, it agrees~ a, To do so in accord with~ 1) The Master Pian of development officially adopted for the District? 2) Regulations existing when the amendment rezoning the land to P.U.D, is adopted; and 3) 'Such other conditions or modifications as may be attached to the rezoning of land to the P.U.D. classification; and To provide agreements, contracts, deed restrictions, or sureties acceptable to the County for completion Of the undertaking in accord with the adopted Master Plan as well as for the continuing operation and maintenance of such areas, functions and facilities that are not to be provided, operated or maintained at general public expense. XX-I Rating of Availabi,,lit~ of E,,xis,~in~ Community Facilities and Services Water County System Sewe~ County System .~ Streets and ~i~hways Direct Access to Existing Arterial Ambulance Within Service Area and Within Three Miles of Station Fire .._Within Fire District and Between -Two and Three Miles of Oistrict Firehouse Neighborhood Park Within One Mile with Bicycle Path (Internal) Elementary School Mosquito Control Within Existing District 6 Points $ Points 4 Points 3 Points 3 Points 0 Points P°int Total 28 Points -, . I d