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Ordinance 82-090 ORDINANCE 82- 90 AN ORDINANCE AMENDING ORDINANCE 82-2 TIIE COM- PREHENSIVE ZONING REGULATIONS FOR TIIE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING TIlE ZONING ATLAS MAP NUMBER 49-25-5 BY CHANGING TIlE ZONING CLASSIFICATION OF TIIE HEREIN , DESCRIBED REAL PROPERTY FROM RS-3 TO "PUD" PLANNED UNIT DEVELOPHENT FOR MOORINGS PARK ESTATES; LOCATED AT THE NE~ OF SECTION 15, TOkrNSHIP 69 S., RANGE 25 E.; AND PROVIDING AN EFFECTIVE DATE: WIIEREAS, MOORINGS PARK ESTATES, petitioned tho Board of~unty Co~issioners to change the Zoning Classification of th. %sin '~ ~ described real property; NO~, TItEREFORE BE ~IT ORDAINED by the Board of Cowry Co~issioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property located in Section 15, Tovnship 69 S, Range 25 g,,Collier County, Florida is changed from RS-3 to accordance with tho. PUD document Gttached hereto aa Exhibit "A" which is incorporated herein and by reference made part hereof, The Official Zoning Atlas Map Number, Number 49-25-5. as described in Ordinance 82-2, is hereby amended accordingly.' Thie Ordinance ehall become effective upon receipt of not/ce that ie hae been filed vi~h ~he Secretary of DATE~september 28, 1982 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST i WILLIAM J//REAGAN, CLERK .....'¢ ?.-..'..' .,f.':.'.<. / .... ",.'~/,.. PUB Ordtnnnce This ordinance filed with the Secretary of State's Office the 4th day of October, 1982 and acknowledgement of that filing received this 8th day of October, 1982. - puty Clerk-- STA~ 0" FfDRI~% ) COU~7~Y OF COLLIER ) I, WILLIAM J. RFAGAN, Clerk of C~l~tn in and for the _,~entieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a tru~ original of.. ORDINAN(~ NO. 82-90 which was adopted by th~ Boa~x! of County Ccrwaissioners during ~3ular Session September 28, 1982. WITNESS my hand and the official seal of the Board of County_ ~ m/ssic~ers of Collier County,~ Florida, this 29th day of September, 1982. WILLIAM J. RF2%C~kN .,,~l,,,,,,, Clerk of O~urts and Clerk ".,,, ~ I, ?",, Ex-officio to Board of ~ty ~ssi~rs "4;' ~' ". ' '- Vi~i~ ~gri, ~,,C~k : *,, : ",, ~%'i ' ~' " ',':it.! ~','; 2. .... ' : !.OIUDA MOORINGS PARK ESTATES PLANNED UNIT DEVELOPMENT · FOR 26.76 Acres located in Section 15, Township 49 South, Range 25 East, Collier County, Florida PREPARED BYt WILSON, MILLER, BARTON, SOLL & PEEK, INC. 1383 Airport Road North Naples, Florida 33942 DATE ISSUED 9-2-82 DATE APPROVED BY CAPC 9-2-82 DATE APPROVED DY BCC 9~28/82 (ORDINANCE NO.) 82-90 TABLE OF CONTENTS PAGE SECTION I STATEMENT OF COMPLIANCE ................... ....1 SECTION II PROPERTY OWNERSIIIP & LEGAL DESCRIPTION ........ 2 SECTION III GENERAL DEVELOPMENT REGULATIONS ........... ....5 SECTION IV GENERAL DEVELOPMENT COMMITMENTS ............... 8 SECTION STATEMENT OF COMPLZANCE The purpose of this Section is to express the interest of Moorings Park Estates Development Corporation to develop 26.76 acres of land located in 'S~ctiOn 15, Township 49 South, Range 26 East, Collier County, Florida. The name of this proposed development shall hence forth be known as MOORINGS PARK ESTATES. The development of Moorings Park Estates 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 and associated recreational facilities will be consistent with the growth policies and land development regulations of tho Comprehensive Plan Land Use Element and other applicable documents for the following roasons~ l) The subject property has the necessary rating points to determine availability of adequate community facilities and services. 2) Tho project development is compatible and complementary to the surrounding land uses. 3) All improvements will be in compliance with all applicable regulations. 4) The project development will result in an efficient and economical extension of community facilities and services. 5) The project development may be used more efficiently, . and made more desirenble resulting'in smaller networks of utilities and streets with consequent lower construction and future maintenance costs. 6) Tile proj6ct development will permit flexibility which features amenities and excellence in tile form of variations in sitting, land usage, and varied dwelling units, as well as adaptation to and conservation of many of the natural characteristics of the subject property. -1- SECTION I! PROPERTY OWNERSllIP & LEGAL DESCRIPTION 2,2° PROPERTY OWNERSII?P The subject property is currently under the ownership of Moorings Park Estates Development Corporation. LEGAL DESCRIPTION Tho subject property is described ass All that part of Section 15, Township 49 South, Range 25 East, Collier County, Florida and being part of Lots 48, 49 and 50 of Naples Improvement Co's Little Farms, . according to the plat thereof as recorded in Plat Book 2, page 2, Collier County Public Records, Collier County, Florida and being more particularly described as follows; commencing st the northwest corner of the northeast 1/4 of Section 15, Township 49 South, Range 25 East, Collier County, Florida; thence along the north line of said Section 15, North 89"-55'-30" East 45.00 feet; thence South 0"-00'-29" East 50.00 feet to the south line of a Road Right-of-Way as recorded in O.R. 156, page 66 and 67, Collier County Public Records, Collier County, Florida, and the POINT OF BEGINNING of the Parcel herein described; thence along the south line of the road right-of-way as recorded in O.R. 156, page 66 & 67, Collier County Public Records, Collier County, Florida, North 89"-55'-30" East 2468.69 feet to the ,sst line of Section 15, Township 49 South, Range 25 East, Collier County, Florida; thence along said east line South 0"-03'-39" East 783.22 feet to the lands described in O.R. 228, page 789 thru 798 inclusive; thence along said lands South 89"-53'-03# West 142.92 feet; thence North 27"-49'-20" West 226.92 feet; thence North 13"-09'-51" West 216.87 feet; thence North 50"-11'-26" West 142.31 feet; --2" '~..~thence South 89°-55'-30" West 156.39 feet to the northeast corner of Lot 1 of Big Cypress Golf and Country Club Estates, Section 2, Replat of part of Block "C" according to the Plat thereof as recorded in Plat Book 7, page 56, Collier County Public Records, Collier County, Florida; thence along the north line of said Lot 1, South 89o-55'-30" West 121.47 feet to the east right-of-way line of Burning Tree Drive of Big Cypress Golf & Country Club Estates; Section 2, according to the plat thereof as recorded in Plat Book 3, page 104, Collier County Public Records, Collier County, Florida; thence along said right-of-way line North 0"-04'-30" West 60.00 feet; thence along the north right-of-way line of said Burning Tree Drive, South 89"-55'-30" West 654.50 feet; thence South 0"-04'-30" East 60.00 feet to the south right-of-way line said Burning Tree Drive; thence along the north line of a parcel of land as recorded in O.R. Book 228, page 799, Collier County Public Records, Collier County, Florida, South 89"-55'-30" West 100.00 feet; thence along the west line of said Parcel South 0"-04'-30" East 135.39 feet to the lands described in O.R. Book 228, page 789 thru 798 inclusive and O.R. Book 645, page 241 thru 246 inclusive, Collier County Public Records, Collier County, Florida; thence along said lands South 58"-58'-30" West 111.45 feet; thence leaving said lands southwesterly 287.16 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 546.28 feet and being subtended by a chord which bears South 67"-23'-04" West 283.86 feet to a Point of Reverse Curvature; thence southwesterly and westerly 723.15 feet along the arc of a circular curve concave to the northwest, having a radius of 1100.00 feet and being subtended by a chord which bears S0uth'71"-09'-31" West 710.20 feet to the east line of n road right-of-way as recorded in O.R. Book 41, page 531 and 532, Collier County Public Records, Collier County, Florida; thence along said east right-of-way line and the east line of a right-of-way as recorded in O.R. Book 41, page 592 and 593, Collier County Public Records, Collier County, Florida, North 0"-00'-29" West 810.00 feet to the Point of Beginning of the Parcel herein described; being a part of Section 15, Township 49 South, Range 25 East, Collier County, Florida. -3- , ' containing 26.75~i[acres oE land more or less; subject to easements and restrictions of record, For the p~rpose of gross residential land use area, the subject property including its portion of the road right-of-way is 26.76 acres. -4- SECTION III GENERAL DEVELOPMENT REGUT, ATZONS 3.1. PURPOSE The purpose of this Section is to set forth the regulations for development of the property identified on the Master Plan (Wilson, Miller, Barton, Sell & Peek, Inc., Drawing File No. RZ-85, Sheet 1 of 1). It is the intent of the project sponsor to develop a single family cjustered residential community. 3.2. GENERAL Regulations for development shall be in accordance With the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the "Collier County Zoning Ordinance". The general plan of development is for a single family residential community. 3.3. 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: A. Permitted Principal Uses and Strueturest l) 2) Single family units are permitted as individual structures or as cjusters. Such unit types as single family attached, duplex, patio, cjuster attached, cjuster detached, villa attached, villa detached, and zero lot lines are permitted. Recreational facilities intended to serve the residential project. 3) Water Management/Lake facilities. -5- 3,4, 1) CuS~'~ary accessory uses and structures 2) Signs Model units shall be permitted in conjunction with the promotion of the development. The model units shall be converted to residences at the end of a two year period unless otherwise specifically approved by the County. MAXIMUM DENSITY Sixty-one (61) single family dwelling units 3.5. REGULATIONS A) General: All yards, set backs, etc. shall be in relation to the individual parcel boundaries. u) Minimum Lot Area: 5,000 square feet for individual structures. A minimum area of 2,600 square feet of open space per dwelling unit shall be provided in some combination of individual lot and contiguous open space, excluding private and public roads and golf courses. C) Minimum Lot Width: 65 feet D) Minimum Yards: 1) Fro:it Yard - 15 feet 2) Side Yard - 7.5 feet when separate and zero whe~ attached 3) Rear Yard - 15 feet E) Minimum Floor Area: One Story - 1,200 square feet of living area exclusive of patio and garage. Two Story - 1,600 square feet of living area exclusive of patio and garage. -6- hi{U LI'~"ED " ~',11 lO 24 Off-Street Parking Requirementsz Two (2) parking spaces per residential unit with a minimum of 1.5 parking spaces per unit paved and .5 parking spaces per unit reserved for future pavfng at a time deemed to be appropriate by the County. Maximum ileight~ Thirty (30) feet above finished grade of lot.or from the minimum base flood elevation required by the Flood Elevation Ordinance whichever is higher. -7- 4,2, 4.3. SECTION IV GENERAL DEVELOPMENT COMMXTMENTS PURPOSE The purpose of this Section is to set forth the standards for development of the project. PUD MASTER DEVELOPMENT PLAN a. The PUD Master Plan is an iljustrative preliminary development plan. (Wilson, Miller, Barton, Sell & Peek, Inc., Drawing File No. RZ-85, Sheet I of 1). b. The design c~iteria and layout iljustrated on the Master Plan shall be understood as flexible so that the final design may satisfy the project and com~ly 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. d. 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. Areas iljustrated as "lakes" shall be constructed lakes, or upon approval, parts thereof may bo green areas in which as much natural follage 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. SOLID WASTE DISPOSAL Such arrangements 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. -8- 4.4. BIKE P~fl/SIDEWALK A bike path/sidewalk shall be provided on one site of the main road (Moorwood Drive) between Frank Road and Mel Jen DriYe. 4.5. UTILITIES All 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 customers connecting to the sanitary sewer facilities will be customers of the County Water-Sewer District and will be billed in accordance with a rate structure approved by the County, Review of the proposed rates and subsequent approval by the Board of County Commissioners must be completed prior to activation of the collection/transmission system and wast.water treatment facility servicing the project. Rate reviews must be in full compliance with County Ordinance NO. 76-71 as amended, revised or superseded. All construction on the proposed sanitary sewer system shall utilize proper methods and materials to insure water tight conditions. Appropriate Utility Easements dedicated to the County Water-Sewer District must 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 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 transmission system and copy of the approved DER permit application and ocnstruction permit for the wast.water treatment facility to be utilized. -9- ,~Tha~ a letter of commitment from the City of Naples ~'hrding water service be submitted to the Utility Division to approval of the construction documents. All on-site and off-site Utility Facilities constructed by the Developer in connection with the development shall be constructed to County and/or applicable City standards, whichever is more stringent, at no cost to the County or City and shall be deeded to the County Water-Sewer District or other legally constituted Governmental entity designated by the Board of County Commissioners, in accordance with applicable Ordinances and Regulations. The project sponsor agrees to dedicated the sewage collection and transmission facilities to the County Water-Sewer District and in turn~ lease those facilities from the district for operation and maintenance until such time that a Regional Wastewater Collection System is available. An Agreement, legally acceptable to the County Water- Sewer District, with the Developer of the project, shall be provided relative to the following: 1) The Owners, their assigns or successors shall agree to pay Ail System Development Charges at the time that Building Permits are requested, pursuant to the appropriate City and County Ordinances and Regulations in effect at the time of Permit request. 2) Any on-site Wastewater Treatment Facilities and related appurtenances constructed as part of the' project will be retained by the Owners, their assigns or successors at no cost to the County or' City when tho proposed Development is connected to the County's or City's Central Sewer System. connection to the County's or City's Central Sewer Facilities will be made by the Owners, their assigns or successors at no cost to the County or City within 90 days after such facilities become available. -10- 4) All construction plans and technical specifications relating to connections to the County's or City's Central Sewer Facilities will be submitted for review and approval prior to commencement of construction. J) Telephone, power, and T.V. cable service shall be made available to all residental units. All such utility lines shall be installed underground. -11-