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Ordinance 81-34ORDINANCE 01- 34 AN ORDINANCE AMENDING ORDINANCE 76-~0, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA.OF THE COASTAL AREA PLANNING DISTRICT BY ~4ENDING THE ZONING ATLAS MAP NUMBER 50-26-4 BY CHANGING THE'. ZONING CLASSIFICATION OF T}~E FOLLOWING DESCRIBED PROPERTY FROM PUD-PLANNED UNIT DEVELOPMENT TO PUD-PLANNED UNIT DEVELOPMENT BY CHANGING T~{E TOWNHOUSE AREA TO SINGLE FAMILY VILLAS AND INCREASING THE HEIGHT AND UNITS IN THE MULTIFAMILY AREAS ACCORD- INGLY: A PORTION OF BLOCK.17, UNIT 1, ~ ~-- LELY TROPICAL ESTATES; AND BY PROVIDING ~ ~ AN EFFECTIVE DATE. ~ ~ -T~ %~IEREAS, Lely Estatcs, Inc. has petitioned the ~oard DO | of Count~ Commissioners to change the Zoning Classific~ton o of the herein described real proper~y; ~ ~ NOW, THEREFORE BY IT ORDAINED by the Board of County Commissioners of Collier County, ~lorida: SECTION ONE The Zoning Classification of the herein described real property located in part of Block 17, Lely Tropical Estates Unit 1 is changmd from PUD-Planned Unit Development to PUD- Planned Unit Development in accordance with the PUD Document attached hereto as Exhibit "A" which is incorporated herein and by reference made a part hereof. The Official Zoning Atlas Map Number 50-26-4, as described in Ordinance 76-30, is hereby amended accordingly. PLANNED UNIT.DEVELOPMENT DOCUMENT FOR I{A~{AIIAN VILLAGE RESIDENTIAL DEVELOPMEN~ BY LELY ESTATES, INC. DOCUM~:NT PREPARED BY: WILSON, MILLER, BARTON, SOLL & PEEK, INC. (WAFAA F. ASSAAD, A.I.C.P.) DATE ISSUED: May 19, 1981 DAT~ APPROVED BY CAPC: June 18, 1981 DATE APPROVED DY. EXHIBIT "A" CONTAINING 8 PAGES INDEX SECTION I STATE OF COMPLIANCZ SECTION II PROPE%TY OWNERSHIP & DESCRIPTION SECTION III DEVELOPNENT REGULATIONS SECTION IV DEVELOPMENT COMMITMENTS 2-3 4-5 6-7 SECTION ! STATEMENT OF COMPLIANCE The development of 5.42 acres of property in Section 10, Township 50 South, Range 26 East, Collier County, Florida, as a Planned Unit Development will comply with the planning and development objectives of Collier County. These objectives are set forth in the Comprehensive P~an, which includes the Growth Policy and Official Land Use Guide all of which were adopted by the Board of County Commissioners. The }]awaiian Village Planned Unit Development will meet the planning and development objectives for the following reasons: 1) The proposed land use is compatible with the s~rroundlng ~ses. 2) "The project rates the necessary rating points to determine it to have existing community facilities and services for the planned residential uses and therefore is not leapfrog growth. 3) The project shall comply with the applicable zoning an~ all other County and State laws dealing with the development of the property. 4) An arterial roadway is in existence along the southern boundary of the site. 5) The project will be served by a complete range of County approved utilities. -1- SECTIO%! XX PROPERTY DESCRIPTION & OWNF. RSHIP 2.1. LEGAL DESCRIPTION Block 17, Tropical Estates, Unit 1, less Catholic Church ' Site; All of that Tract or Parcel of land lying and being in the Southwest 1/4 of Section 18, Township 50 South, ~ange 26 East, Collier County, Florida and being more particularly described as follows; Commencing at the Southeast corner of the SouthWest 1/4 of said Section run North 00'-58'-15" West for 50.0 f~et to the Northerly Right-of-Way line of S.R. 864; thence run South 89'-32'-18" West along said Right-of-~gay line fr 442.50 feet to the Point of Beginning; thence continue South 89'-32'-18" West along said right-of-way line 598.66 feet to the P.C. of a curve to the right; thence following along the arc of said curve in a Northwesterly direction (sa~d curve having a central angle of 83'-37'-56", a chord of 33.34 feet, a radius of 25.0 feet,) 36.49 feet to the Point of Tangency, said point lying on the Easterly Right-of-Way line of Hawaii Boulevard; thence North 06'-49'-46" West along said Right-of-Way 'line for 271.38 feet to the P.C. of a curve to the right; thence following along the arc of sa~d curve in a Northeasterly direction for (said curve having a central angle of 30'-50'-34", a chord of 138.28 feet, a radius o'f 260.0 feet) 139.96 feet; thence South 65'-59'-12" East for 22.94 feet to the P.C. of a curve to. th~ left; thence following along the arc of said curve in a' Southeasterly and Easterly direction for (said curve having a central angle of 24'-28'-30", a chord of 325.45 feet, a radius of 767.69 feet), 327.93 feet to the point of tangency; thence ru~ North 89'-52'-18" East for 178.37 feet to the P.C. of a curve to the left;. thence following along said curve in a Northeasterly direction for (said curve having a central angle of 42'-06'-46", a chord of 122.13 feet, a radius of 170o0 feet) 124.95 feet; -2- thence run South 42°-34'-~8'' I.,'ast for 100.00 feet:; thence run North 79'-06'-04" t';est for 81.55 thenco run South 01'-38'-14" ~ast fo~ 327.82 fcet to the Northerly ~ight-o~-Hay line of S.~. 064 and the ~oint o~ oeginning~ The above described Tract being a portion of ~lock 17 oE Lely Tropical gstates Unit No. 1 as re~orded in Plat 50 of [he ~ublic Records oE Collier County~ The above described Tract contains 5.42 acres + and subject to all easements, rights-of-way and r~ervations of .Title to the property is currently held by L. ely EsEates, Inc. 105 St. Andrews Boulevard, Naples, Florida 33942. SECTION DEVELOP;,1ENT REGULATIONS 3.1. PURPOSE: The purpose of this section is to set forth the regulations for the Planned Development of subject property. 3.2. PERMITTED USES AND ~TR___UCT___UR__F,_~S~ No building or structure, or part thereof, sha%l 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 dwellings (2) Single Family Dwellings B. Permitted Accessory Uses and Structures (1) Customary accessory uses and structures. (2) Signs (3) Recreational Facilities 3.3. MAXIMUM DENSITY: 65 Multi-Family dwelling units (12 units per acre). 3.4. MNIMUM YARD REQUIREMENT: To be measured from outside boundary lines of tract. A. Depth of front yard - Thirty (30) feet plus one (~) foot for each two (2) feet of building height over thirty (30) feet. B. Depth of side yard.- Fifteen (15) feet plus one (~) foOt for each two (2) feet of building height over thirty (30) feet; -4- C. Depth of rear yard - Thirty (30') feet plus one (1) foot for each two (2) feet of building height over thirty (30) feet, 3.5 . DISTANCE BETWEEP~ STRUCTURF, S: The distance b.etween any two (2) principal structures on the same p~rcel shall be fifteen (15) feet or a distance equal to one-half (1~2) the sum of their heights, whichever is the greater. 3.6. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES: 750 Square feet for each dwellin.q 6nit. 3.7. MAXIMUM HEIGHT OF STRUCT[~RES: Three (3) stories 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 f~'om the minimum base flood elevation required by the Flood Elevation Ordinance. 3.8. MINIMUM LANDSCAPED 'AREAS: There shall be provided two (2) 'square feet of landscapad area for each square foot of off-street parking provided on the ground level.' This includes aQy landsc,.,ping required by other applicable section of zoning ordinance. 3.9. MINIMUM OFF-STREET PARKING: As required by the zoning ordinance in effect at time of application ~or building permit. 3.10.LIMITATION ON SIGNS: As permitted by the zohing ordinance in effect at time of application for building permit. -5- SECTION IV DEVELOPMF~NT COMMITMF, NTS 4.1. ~';ATER SUPPLY: Potable water shall be supplied by the extension of the existing Collier County Water System, located along SR 864 and/or Hawaii Boul.,vard. The design and construction of the potable water distribution system shall comply with all applicable regulations. 4.2. SANITARY SF, WAGE TREATMENT: Subject property shall connect to the existing Lely Estates Collection, Treatment and Disposal System. The design and the construction of the proposed system shall comply with all appl. icable regulations. Sewage flowing from pump Station to be diverted from pump Station ~16 to Station ~8. 4.3. ~ATER MANAGEMENT: The Water Management System shall comply with the requirements of the South Florida Water Management District and Collier County. The final water m~n%agemen~ system design. shall be reviewed ,and approved by the County Engineer prior to commencement of development. 4.4. ADDITIONAL RIGHT-OF-WAY~ Subject to approval of this document, the owner will agree to the donation of seventeen and one-half (17.5') feet of his property fronting on S.R. 864 (Rattlesnake }]ammock Road) to the County for the specific purpose of widening said road. This donation shall take place at such time as this additional Right-of-way is needed by the County for the immediate construction of the road widening or at the owner's convenience. It is also understood that the land area (square footage) of this additional Right-of-%{ay shall be credited towards and construed to be part of the owner's land~ area and also a part of the minimum landscaped area requirement for the purpose of density and open space, calculations and building construction plan approval. 4.5. $IT~ DEVF. LOPMENT PLAN Mtn~r design changes in the approved preliminary site development plan issued by Wilson, Miller, Barton, Sell & Peek, Inc., File No. RZ-47, shall be permitted, subject to the County staff ~dmfnistrative approval, in order to accommodate easements and other construction and/or utility functions. 4.6. TRAFFIC: Access to the proposed property shall be frora Hawaii Boulevard only. In addition, a sl(lewalk/bikepath shall be constructed along the west property 'at Hawaii Boulevard to conaect with the proposed sidewalk along Rattlesnake Hammock Road. -7- J SECTION TWO~ This Ordinance shall becom~ effective upon receipt of notice that it has been filed with the Secretary of State. DATE:July 21, 1981 :., , ) /'..Q,, / / ,o: ,:'t '. ' '. .- / . , STATE OF FLORIDA ) COUNTY OF COLLIER ) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA // I, X~ILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby c~rtify that the foregoing is a true original of: ORDINANCE NO. '81-34 which was adopted by the Board of County Commissioners during Regular Session July 21, 1981. WITNESS my hand and tie official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of July, 1981. Clerk of Courts and Clerk),, .......... . F ' Ex officio to Board of County Commissioners %'" ..-%.~\J.".t",-" . :-~ ~ .',",' : . - ~%,....., .... ,'~ Thts ordinance ftle~ wtth the Secretar~ of State's Offtce the ~Oth day of ~ul~, ~98! and acknowledgement of t~at ~ecetved thts 5th da~ o~ ~ugust~ By:~