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Ordinance 81-28 WILLIA~ j. REA@AN CLERK OF '~OARD ORDINANCg 81- 28 '~0LLJEIt CO[ltlT¥', FLORIDA ' · AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR TIlE COASTAL AREA PLANNING DISTRICT BY AMENDING THE ZONING ATLAS MAP NUMBER 51-26-2 BY CHANGING TNE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY FROM "A" AND "A-ST" AGRICULTURE AND SPECIAL TREATMENT TO "PUD" PLANNED UNIT DEVELOPMENT~ PART OF SECTION 9, TOWNSHIP 51 SOUTH, RANGE 26 EAST! AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Wilson, Miller Barton Soll & Peek, Inc., representing Frank Kley, has petitioned the Board of County Commissioners to change the Zoning Classification of~he herein described real property~ NOW, THEREFORE BE IT ORDAINED by the Board of ~ounty~ Commissioners of Collier County, Florida.' ~ SECTION ONE: ~ c:~ The Zoning Classification of the herein described real proper.~y located in Section 9, Township 51 South, Range 26 East, Collier County, Florida ie changed from ~A~ and .~A-ST Agriculture and Special Treatment to ~PUD~ Planned Unit Development in accordance with the PUD Document attached hereto as Exhibit ~A~ ~hich is incorporated herein and by reference made a part hereof. The Official Zoning Atlas Map Number 51-26-2, as described in Ordinance 76-30, is hereby amended accordingly. CI. EP, I< OF GOAP, D ~OI. LIEI1 COLJ~ITY, FLOP, IDA PLANNED UNIT DEVELOPMENT FOR RIVER BEND BY . GREG HALEY & ASSOCIATES, INC. DOCUMENT PREPARED BY~ WILSON, MILLER, BARTON, SOLL & PEEK, INC. (WAFAA F. ASSAAD, A.I.C.P.) DATE ISSUED: June ~r 1981 DATE APPROVED BY CAPC:.May 14p 1981 ' ' DATE APPROVED BY BCC: May 26, 1981 EXHIBIT CONTAINING 9 PAGES -.OLLI ER COlJ}ITY. FLORIBA XNDEX SECTION STATEMENT OF CO~LIANCE PROPERT~ OWIqER~ItlP & DESCRIPTION SECTION II TRACTS "A" & "D" - DEVELOPMENT REGULATIONS SECTION III TRACTS "B" & "C" - DEVELOPMENT. REGULATIONS SECTION IV DEVELOPMENT COMMITMENTS PAGE RE:C£1YED WILLI~,}4 J. r{EAOAI, I CLERK COLLIER Ct. ' l'Y. FLORIDA STATEMENT O~ COMPLIANCE ' The development of +29 acres of property in Section 9, Townshl~ 51 South, Range 26 ~ast,. Collier County, Florida, as a Planned Unit Development will comply with th? planning and development goals and objectives of Collier County.as set forth in the Comprehensive Plan and the Official Land Use Guide. The River Bend Planned Unit Development will meet the planning and development objectives for the following reasons= 1) The proposed Land Use is compatible with the 'surrounding. uses. 2)' The project rates the necessary rating points to determine it to have existing community facilities and services for the planned residential and non-residential uses and therefore is not leapfrog growth'. 3) The project shall comply with ~he applicable zoning regulations and all other County and State laws dealing with the development of the property. -1- WILLIAH J. REAOA~ ' CLERK O~ ~.OARO SOLLIER OC""!TY.FLORIDA 1.1e SECTION 1 PROPERTY OWNERSHIP & DESCRIPTION LEGAL DESCRIPTION Description per O.R. 688, page 1771, Collier County Public Records, Cotlier County, Florida: Beginning at a point along Tidewater Creek (also known an4 ' sometimes referred to as Tide Creek), approximately six chains West of the Northeast corner of Section 9, Township 51 South, Range 26 East; thence, Southwesterly down said creek 5.74 chains; 'thence, South approximately sixteen chains to the North edge of Henderson Creek; thence, meandering along the North edge of Henderson, Creek Westerly and Southerly to the dividing line between the East half and the West half of the Northeast quarte£ of said Section 9; thence North to the Northwest corner of the Northeast quarter of the Northeast quarter of said Section 9; thence East along the North boundary of said Section 9 to the point of beginning. containing 29.8 acres, 'more or less, in Collier County, Florida. Subject to easements, res~rict~ons and reservations of record. 1.2. TITLE TO PROPERTY Title to the property is currently held by Frank C. Kley, 1200 Cherrystone Court, Apt. B-111, Naples, Florida 33942. -2- t'{ECEIVED WILLI^t,{ J. R£AOAI'I CLERK I~? r~OArtO ".OLLIF. R ¢OIJlJT¥. FLORIDA SECTION II TRACTS "Aw i "D" - DEVELOPMENT REGULATIONS 9,1, 2,2, Purpose. The purpose of this Section is to set forth the regulations for the development of Tracts "A# & "D" of this Planned Unit Development. . · Permitted Uses and Structures. No building or structure, or part there6f, shale"b6 erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: (1) Nature Trails. (2) Equestrian Paths (3) Fire Station Facilities (4) Nature Preserves and Wildlife Sanctuaries (5) Water Management Facilities Any other open space activity which is comparable in nature with the foregoing uses and which the Zoning Director determines to be compatible in the district. (7) On-site sewer treatment facilities subject to review and authorization by the Collier County utilities division. Be Permitted Accessory Uses and Structures: Accessory uses and structures 'cust6marily associated with the uses permitted above. (1) Customary accessory uses of recreational facilities. Prohibited Uses and Structures: Any use or structure not specifically, or'by reasonable implication, permissible herein, except new and unusual uses directly related to and subordinate to the'recreational open space uses. The applicant shall have the affirmative burden of establishing said intent. -3- 2.3. 2.4. 2.5. REOEIVED WILLIAH J. REAOA~ CLr. RR OF r~O^RO ~ '~OLLII~R COI.INTy, FLORIOA , Minimum Lot Area: None Minimum Lot Width: Non~ Minimum Yard Requirements~ (a} Front Yard: Fifty (50) feet. (b) Side Yard: Thirty ~30) feet. (c) Rear Yard: Fift~'(50) feet. 2.6. Minimum Distance Between Structures: The distance between any two (2) principal structures shall be fifteen (15) feet or a distance equal to one-half (1/2) the sum of their heights, whichever is the greater. 2.7. Minimum Floor Area of Principal Structure: None Maximum Height of Structures: Thirty-five (35) above the finished grade of the Lot. 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. 2.8. Minimum Off-Street Parking: As required by the zoning ordinance in effect at time of application for building permit. 2.9. Limitation on Signs: As permitted by the zoning ordinance in effect at time of application for building permit. -4- '~1 ,~,~.~ ,0 PtI9 WILLIAI~ J. REAOA~I CLERK 9," 50ARD COtLIER C C'J N'i'Y, FLORIDA SECTION. TRACTS "B" & "C" ~ DEVELOPMENT REGULATION 3,], 3.2, 3,3, PURPOSE: The purpose of this Sec%ion is to set forth the ~egulation for the development of Tracts "B" & "C#. PERMITTED.USES & STRUCTURB~: No building or structure, or'parE thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures (1) Multi-Family Dw?llings (2) Water Management Facilities and Lake(s) B. Permitted Accessory Uses and Structures (1) Customary accessory uses and structures (2) Signs (3) Recreational Facilities (4) Boat Docks and Boat Ramp/Launching Facilities in accordance with the applicable regulations. MAXIMUM DENSITY: A maximum 'of 78 units MINIMUM YARD REQUIREMENT FOR ALL STRUCTURES: From North property/tract line/Tower Road: Thirty-Five (35) Feet From other Trac~ Lines: Twenty (20) Feet From Access (Private) Road: Fifteen (15) Feet Distance between Structures: The distance betw6en ~,my two (2) principal structures or between ally principal and accessory structure shall be ' fifteen (15) feet. ae De 3,5. 3,6, 3,7. 3,8, MXNIM~M FLOOR AREA OF PRINCIPAL STRUCTURES:' 750 Square Feet per Dwelling Unit MAXIMUM HEIGHT OF ~TRUCTURES~ Three (3) stories above the finished grade of the Lot. In order to comply with the ~lnimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood Elevation Ordinance.' MINIMUM OFF STREET PARKING: As required by the zoning ordinance in effect at time of application for building permit. LIMITATION ON SIGNSt As permitted by the zoning ordinance in effect at time of' application for building permit. -6- WILLIAkI J. R~:AOAH CL~.P~ 0.-" ~cOARD ';OLI.I-=R COHNTY. FLORIDA ~ECTION IV DEVELOPMENT COMMITMENTS WATER SUPPLY ~o{~{'!'e water shall be supplied to this ~evelopment by the Capri Water Works, Inc. ~ubject property is located within'the approved franchise service area of the Capri Water Works, Inc. (letters of communications and commitments are attached to the application for public hearing). The design oE the potable,water distribution system' shall comply with ail applicable'~ocal and state regulations. 4.2, SANITARY SEWAGE TREATMENT AN~ DISPOSAL: S~nitary sewage treatment and disposal services shall be provided to this development by the Rookery Bay Utility Company. (Letter of commitment is attached to the application for p~blic hearing}. However, should an acceptable agreement between the Collier County utilities divisions, the Rookery Bay Utility Company and the developer could not be reached in.time, so as not to delay the commencement and progress of the development, then the developer shall be allowed to provide on-site facilities on Tract "D" subject to review by the D.E.R., the utilities division and the Environmental Advisory Council. Should sanitary sewage treatment and disposal services be provided by the Rookery Utility Company, then, the following conditions, as required by the County utilities division, would have to be satisfied= 4.3. a) That the Rookery Bay Utilities, Inc. submit rates for sewage treatment services to the County for review and approval by the Board of County Commissioners. b) That the force main and onlsite sewage'collection facilities be dedicated to the County and leased back to the Utility for operation and maintenance, if the rates are approved, and until such time as the County's central sewer services are extended to this area. The design 6f the. project's collection system shall comply with all applicable local and state regulations. WATER MANAGEMENT: The Water Mnnagement System shall comply with the requirements of the South Florida Water Management District and Collier County. The final woter management system design shall be reviewed and approved by the County Engineer, prior to commencement of development. : -7- 4.4. 4.5, VBI AU~ ~D '?H 9 Z~ WILLIAI~ ,' REAOA~ ~OLLIER¢OU~T'~FLORtDA. FIRE STATION SITE AND IMPROVEMENTS~ The de~eloper, in conjunction with the property owner to the North, agrees to provide a site fo~ a fire station and erect a fire station in accordance with the building ~pecifications the. East Naples Fire Department. Said station shall be constructed prior to the issuance of any residential certificates of occupancy. OWNERSHIP AND USE OF TRACTS #A# & Tracts "A" & "D" shall be U~ in accordance with Section II of this PUD document. Tracts "A# & "D" shall be donated in whole or in part to the appropriate governmental agency or to a non-profit 9rganization or to the appropriate fire district,or to the homeowners association, so that it may be best utilized for its intended purposes. The donation and the transfer of ownership shall take place prior to the issuance of any occupancy permits for any of .the residential units. 4.6.. PUD MASTER PLAN: The PUD Master Plan Dra~ing File No. RZ-43 as issued by Wilson, Miller, Barton, Sell & Peek,.Inc., Professional Engineers, Planners and Land Surveyors, ks int6nded to indicate the general aspects of the proposed development. Minor changes In build(ng and improvement locations and heights shall be permitted subject to staff/administrative approvals and in accordance with the requirements of this PUD document. -8- Ie REB~.i';ED , WILLIAM J. REAOA~ SECTION This Ordi,ance shall ~ecome effective upon r~ceipt of notice that it has been filed with the Secretary of State~ DATE= August 11, 1981 ,"e ... +.,,-. ' ~/ ." ~.. :,4 ..'. : ..; ..,: ...... '~ ".':~.5.'::,: ~..-"." .",'~' '~,/~.TF~'. O~<~L~ R I DA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PZSTOR, CHAIRRA/q I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of= ORDINANCE NO. 81-28 which was readopted by the Board of County Commissioners during Regular Session via emergency procedure August 11, 1981. WITNESS my hand and the offt6ial seal of the Board of County Commissioners of Collier County, Florida, this llth day of August, 1981. ~ ~ ~ I '. Clerk of Courts.~,~nd' Ex officio to ~rd"iSf' '~'.'..',~' Count9 Co Virgin~ Magri~"D~p~'~..e~rk Thts ordinance filed with the Secretar~ of State's office " the [Tth.da~ of August, [gS[ and acknowledgement of that filing recetved thts goth day of August, [98[. BY: ~ Oeput~ Clerk