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Ordinance 82-089ORD~N^NCE 8l- 89 AN ORDINANCE AMENDING ORDINANCE 82-2 TIlE COM- PREHENSIVF. ZON1NG REGUI.AT1ONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS }tAP NUMBER 49-25-1 .BY CIIANG1NC, TIlE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2, ST & PUD TO "PUD" PLANNED UNIT DEVELOPMENT FOR ~IE~LD L~ES LOCATED lk MILES NORTII OF PINE RIDGE ROAD, W~ST OF AIRPORT/PULLING RO~; AND PROVIDING ~ EFFEC- TIVE DATg: ~IE~E~S, Emerald Lnke~ of ~apleg, L~. petitioned th~ County Conmi~siouera to change the Zoning Classification of tile herein deacrtbod real property; NOW, TUF. REFORE lie IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: TI:e Zoni:~g Clafl.iflcatlon of the herein described real property located in Section 2 & 3, Township 49 S, Range 25 E, Collier County, Florida is changed from A-2, ST & PUD to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number, Number 49-25-1, aa described in Ordinance 82-2, is hereby amended accordingly. SECTION TWO.. This Ordtnance shall become o££ective upon recetpt of notice that ia has been ~iled vtth the Secretary of State. DA?B: September 28, 1982 ATTEST: WILl,lAM J. REAGAN, ... ,.: .':,.... :- · :""I> "~'~ '. F ,,":' ,., :. ~./.. .'~ ". : ~.~ . ',~ :,,' . : :' : -'~UD,'Oi'dinanee b"TA'~ Or rLORID~ ODLI~¥ OF COLLIER ) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C"R~'P~)b~J'' WIMER, CIIAI{)J~kN This ordinance filed with the Secretary of State's Office the 4th day of October, 1982 and acknowledgement of that filing received this 8th ~ay of October, 1982. D&puty Clerk I, WILLIAM J. FC_2~CLN, Clerk of Courts in and for tho Tw~qt/eth JUdicial Circuit, Collier Ommty, Florida, do hereby ce. rtify that the forego, lng is a true original of.. OI~IMANC~. NO. 82-89 which wns adopted by t3~ Board of County CoTmisstoners during ~gular Session Septnmbor 28, 1982. WITNESS my hand and the official seal of 'the Board of County Ccm- missioners of Collier County, Florida, this 29th day of Sept~nber, 1982. WTt3,TAM J. ~N Clerk of Courts and Clerk Ex-officio to Board of ............ County Oc~misstoners ,Gl~; )' t'~ ','",, EMERALD LAKES LEGAL DESCRIPTION Description of a parcel of land in Section 2, Township 49 South, Range 25 East, Collier County, Florida~ more part- icularly descrxbed as follows~ '.'.. Begin at a concrete monument which marks the northwest corner of Section 2, Township 49 South, Rage 25 East, thence run N89"59'43"E, 2641.92 feet along the northerly boundary of Section 2, thence S01"32'55"E, 793.50 feet.,, thence Sfl9"59'38"~, 1988.39 feet, thence SO2e02'55"E, feet, 794.79 foe~, thence S89°57'47"E, 64.55 foot, thence S02"13'43"E, 1991.27 foot, thence S89'53'56"W, 719.60 feet, thence S02"14'00"E, 330.00 feet, thence N89e53'56"E, 1219.93 foot, thence S02e14'00"~, 60.04 feet, thence soge53'56"W, 2587.6~ feet thence $89"47'26"W, 470.67 feet, ,thence S01~32'28"E, 797.48 feet, thence 222.4..15 foot to the westerly boundary line of Section 2, thence N00"55'06"W along tho westerly boundary of Section 4784.19 feet to the POINT OF BEGINNING. Tho above described area encompasses 428.07 acres, moro or loss. 'Also commencing at tho East 1/4 corner of said Sectio~ Township 49 South, Range 25 East, Collier County Florida; thence along said section line S0°55'06"E, ~42.02 foot to the POINT OF BEGINNING and the north line of tho right-of- way herein described; thence N64"05'05"W, 143.82 foe~ to a point of curvature; thence northwesterly and southwesterly 1046.90 feo~ along the arc of a circular'curve concave to tho South, having a radius of 9.84.57 foo~ and boin~ subtended by.. a chord which bears S85°27'~3"W, 990.27 foot tO a point of reverse curvature; thence sou:hwoster~y 407.23 foot along tho arc of a clrcul~r curve concave' ~o the north having a radius o~ 550.00'~99t and being sub=ended by a chord which b~ars S76'12~13"W, 397.99. fee= to =he oas= line of Pine Ridge Extension according to =ha plat thareo£ as recorde~ in PXa~ Book 3, pages 51 thru 51E (inclusive), Public Records of qollier County, Florida; thenc~ along said east line, S7'24'55"W, 20.00 feet to the sou=beast corner of Lo= 1 of Block Z of said Pine Ridge'Extension; thence along said east line S7°24'55"H, 80.00 fee= to the south line of the right-of-way herein described; thence northeasterly 401.27 feet along the arc of circular cu=wo concave to the north having a radius of 650.00'feet and being subtended by a chord which bears N76"12'13"E, 470.36 feet to a pein= of rov~rae curvature; thence northeasterly and southeasterly 940.57 feet along the arc of a circular curve concave to the south having a radius of 884.57 fee= and being subtended by a chord which bears NS~"27'13"E, 896.88 feet to ~'point of .tangency; ~hc;%ce S64"05'05"E, 194.41 fees to tho said east line of Section 3, Township 49 South, Range 25 East, Collier County, Florida~ thence along =he said east line 112.07 fee= to ~ho POINT OF B~GINNING and the north line of the 100.00 foot right-of-way.herein described; beinq a par= of Sec=ion 3, Township 49 South, Range 25 Eau=, Collier County, Florida; .loss railroad right-of-way. SubJec= =o easements and of record containing 3.46 ne= acres of land more or less. Also: The south { of' tho southwest { of Suction 2, Township q9 South, Range 25 East, Collie~ County, Florida; Subject to easements, f'estrlctlons end reservations of reco~d, containing *9{). 25 acres. Total Acreage: 531.59 acres, more or less. EMERALD LAKES PLANNED UNIT'DEVELOPMENTi DOCUMENT 7-1-02 Amended 9-8-82 DISTRICT ZONE; PUD PERMITTED USES Single family dwellings; multi-family dwellings; golf course; country club complex, including indoor and outdoor social, recreational, dining, and service facilities; golf course maint- enance facilities; on-site sewage treatment plant. PERMITTED ACCESSORY USES t, STRUCTURES: Accessory uses and structures which are customary'In golf course, single & multi-family residential communities; admin- Istrative and sales offices during the project sell out period, which offices may bo temporary structures or may be tempor- ary uses within tho clubhouse complex or In a residential structure; signs as permitted by the County Zoning Ordinance. MAXIMUM CROSS PROJECT DENSITY: 2.6 dwelling units par acre. Total dwelling unit count shall not exceed 1, DEVELOPMENT STANDARDS MU LT I-FA,~.~ I LY AREAS: Minimum building setback from street; 50 ft. from back of curb for multi-family structures, 30 ft. from back of curb for accessory structures. Minimum setback from multi-family sit'e boundaries which abut the golf cause or a waterbody which abuts the golf course: 25 ft. Principal and accessory structures on the multi-family mites and tho club recreational site which surround the large lake In the SE corner of the project may extend over the waters of the lake, but may not extend more than 25 ft. past the lake shoreline. -1- Maxlm~ff{ 'bUll~ll~l"~ght: ? living floors. Under building parking does not constltut,el,,~ living floo~'. Mlnlmum dwelling unlt floor area: 750 sq. ft. Minlmum bulldlng separation for buildings on adjoining lots and fo~' .multiple buildings on the same site: One-half the sum of the heights of adjoining buildings,, but not less than 20 ft,, provided that, in the case of cjustered buildings wlth a common architectural theme, closer spacing may be approved when the building cjuster site plan is approved by the Director. In the case of multi-fatally buildings which have a stalrstep shape, building helght shall be considered to be the height of the building ends between which separation is being measured. Minimum offstreet parkln~ spaces: 2 spaces per dweIIlng unit, I~ of which shall be improved, ~ of which may be unimproved and landscaped. Planned but unimproved spaces shall be improved at a future date should actual parking demands dictate that necessity. Multi-family dwelling unit distribution; Multi-family dwelling unit distribution shall occur generally as Indicated on the Master Plan. Two or more adjoining multi-family sites may be Joined to become a single development site. With the approval of the Director, building helghts and the number' of units indicated for Individual building sites may be modified, so long as the total multi-family dwelling unit count does not exceed SINGLE FAMILY AREAS: Minimum lot area: 10,000 sq. ft. Minimum interior lot width: ~)0 ft., measured at the lot mld-polnt. Minimum corner lot width: 110 ft, Minimum lot depth: 120 ft. Minimum floor area principal structure: 1800 sq. ft. Maximum height: principal structure- 30 ft.; accessory structure- 20 ft. Height shall be measured above the finished grade of the lot, or the minimum floor elevation required by t.he Federal Insurance Administra- tion, whichever is higher. Minimum yard requirements: Front- 30 ft.; side- 10 accessory structures- same as RSF-3 -2- Mlnlmum effstreet pnrklng: ~ spaces per dwellln9 unlt~ at least GOLF COURSE AREA.~ii), Maximum clubhouse building height= Minimum separation between clubhouse and street= S0 ft. from back of curb. Minimum separation between tennis courts and streets: 25 ft, from back of curb. MASTER PLAN: The approved EMERALD LAKES Master Plan shall also constitute the approved Subdivision Master Plan. STREETS: Streets within the project will be privately owned and malntalned. All streets within the EMERALD LAKES project shall be classified as local. PRESERVE AREAS: Cypress preserve areas Indicated on tho Master Plan shall remain in their natural state and shall not be utilized for building sites, provided however, that the golf cart path Indicated on the Master Plan may traverse the northeasterly preserve area, and shall be of wood construction. The road on the north side of the preserve area shall be culverted to restore flow to the cypress strand to the north. DEVELOPMENT COMMITMENTS: OPERATION, MAINTENANCE, r~ MANACEMENT: A project-wide' property owners organization shall be created and assigned responsibility for maintenance and management of all common open space, including the private streets, entry gate feature, perimeter landscape, buffer, and water manage- -3- mcat facl'lities ou~:~of the goXf course. Owners of the golf course and country c~u~ complex shall be assigned responsibility for management and maintenance of the golf course, lakes and water management facilities therein. Owners of lands abutting the large lake in the SE portion of the project shall commonly own and have maintenance responsibility for that lake. Said owners, including members of the lakefront club, shall have exclusive beneficial use of the lak~. Prior to final approval of the record plat, County enforceable documents establishing the above described management, operation, and maintenance responsibilities shall be submitted to and approved by the County Engineer, and put into effect. TRAFFIC IMPROVEMENTS: The developer and/or homeowners association shall provide the following traffic improvements~ A fair share contribution toward the capital cost of traffic signals at the project entrance on Frank Boulevard and at the intersection of Airport Road and Orange Blossom Drive, when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. 20 All required traffic control devices (signs and markings) along the two lane extension of Frank Boulevard, (excluding those directly related to the intersection at Pine Ridge Road), and along Orange Blossom Drive between Airport Road and the eastern project entranceway. Proper alignment of the western project entrance road with the east end of Carica Road so as to create a standard four-way intersection. 4. Proper transition from two-lanes to four-lanes on the northward extension of Frank Boulevard. 50 Tho developer shall provide a northbound left-turn storage lane and a southbound deceleration lane on Airport Road at Orange Blossom Drive. This requirement may be waived by the County Engineer, if, in his opinion, the planned four laning of Airport Road is imminent. 6. The developer shall provide a westbound right-turn lane on Orange Blossom Drive at the project entrance. DEVELOPMENT ORDER: In addition to the requireemnts of this document, the developer shall comply with all stipulations of Development Order 82-1 issued by the Board of County Commissioners on May 25, 1982. -4- EXCEPTIONS TO'~C.0, UNTY SUBDIVISION REGULATIONS: · Article X, Se~:~ion 16: Sidewalks shall be constructed on the devel- opment side of the per'lmeter' road; on both sides of all roads with multi-family sites on both sides, and on one side of the mixed villas and townhouses cul-de-sac. Sidewalks need not be constructed on the single family lot cul-de-sac streets. Article Xo Section 19: Street name signs shall be approved by the County Engineer but need not meet the U.S.D'.O.'r.F.H.W.A. Manual of Uniform ,traffic Control Devices. Street pavement painting, striping , and reflective edging requlrements shall be waived. Article XI, Section 17 F. t, G.: Street right of' way and pavement cross-section shall be as follows: (See following page.) Article XI, Section 17 H.: The 1,000 ft. maximum dead-end street length requirement shall be waived. Article XI, Section 17 I.: Back of curb radii at street Intersections shall be a minimum of 30 ft. Article XI, Section 17K.: The requirement for 100 ft. tangent sections between reverse curves of streets shall be waived. Article XI, Section 21: Tho requirement for blank utility casings shall be waived. TYPICAL ROAD SECTION EXCEPT FOR CUL-DE-SACS. TYPICAL CUL-.DE-SAC SECTION Note: See "E> :ptlons To Subdivision Regulations. for sidewalk Information. Article X. Section 16 UTIMTIES; The following requirements were established by the County Utilities Division. ^. /%11 construction plans and technical speclfications for the proposed.Utility Facilities must be reviewed and approved by the Utility Division prior to commencement of construction. B. All on-site and off-site Utility Facilities constructed by the developer Itl connection with the development shall be constructed to County Stan'dards at no cost to the County and shall be deeded to the County Water-Sewer District, In accordance with applicable County Ordinances and Regulations. C. All customers connecting to the sanitary sewer facilities will be customers of thn County Water-Sewer District and will bo billed in accordance with a rate structure approved by the County. Review of the proposed rates and subsocluent approval by the Board of County Commissioners must be completed prior to activation of' tho collection/transmission system and wastewater treatment facility servicing the project. Rate reviews must be In full compliance with County Ordinance No. 76-71 as amended, revised or superseded. D. All construction on tho proposed sanitary sewer system shall utilize proper methods and materials to Insure water-tight conditions. E. Appropriate Utility Easements dedicated to the County Water-Sewer District must be provided for the proposed Water and Sewer facilities to be constructed, whop they do not lie within public right-of-way or utility easements. F. Data required under County Ordinance No. 80-112 must be sub- mitted 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 application and construc- tion permit for the wastewater treatment facility to be utilized. -7- .t The following statement must be Incor;porated into the PUD document; "The Water Distribution System is to be dedlcated to the County. Water-Sewer District and operated by the City of Naples until 1990 when the City's Franchise Agreement reverts to the Cou. nty. Untll that time0 all water customers will be customers of' the City of Naples." We require an agreement, legally acceptable to the County Water'- Sewer District, with the developer of the project, which states; "The.owners, their asstgns or successors shall agree to pay all System Development Charges at the time that Building Permits are requested, pursuant to the appropriate County Ordinances and Regulations In effect at the time of' permit request," WATER MANAGEMENT: The developer or his successor in title shall provide a fair share contribution toward construction of a final outf'all system, The developer shall provide an easement along the west boundary of' the project to the satisfaction of the County Engineer If deemed warranted at the time of' final design review. Detailed construction plan shall be submitted to the Water Management Advisory Board for review prior to initiation of any construction, C, alculatlons shall be submitted to the Water Management Advisory Board regarding restoration of the hydro period within the cypress preserve areas, CYPRESS PRESERVE BOUNDARIES: Precise boundaries of the cypress preserves shall be determined by working with the County Environmentalist, Necessary clearing to accomodate the planned roads through cypress areas along the north end south project boundaries shall be permitted, -8- ACCESS ROAD TO THE',I3~3LF COURSE MAINTENANCE AREA: The access road to the golf course malntenance area will be constructed wlthln an extsting platted vehicular easement. The access road shall be limited to a 20~ wlde paved travelway which shall be located within the easterly ~0~ of the exlstlng easement,