Ordinance 81-36COHPREI~HSI~ ZOHINO ~GUIATIOH8 FOR ~
~I~CORI~TED AREA O~ ~ffi COASTAL AREA
P~NNINO DIS~ICT~ BY A~NDINO SECTION 24.-
(P~) ~D ~IT DEVELOP~NT DIS~ICT BY
DE~TINO ~ SQUAR~ FOOT PERCENTAGE (~) FOR
CO~RCIAL ~AS WI~IIN A ~SIDE~IAL/CO~-
ClAL P~ BY CIlANGINO ~[E OPeN SPACE REOUIRE-
~S ~0~ iO~ TO 30~ IN ~I~D USE P~'SI ~
BY C~IFYIN00~R ~GUAGE CI[~GES; ~ ~Y
PROVIDINO AN E~CTI~ DA~.
WHEREAS, the Con~nunity Development Division has petitioned the
Board of County Commissioners to amend the Zoning Regulations;
NO~, T]~REFORE! BE IT ORDAIN'ED by the Board of County Commissioners
of Collier County, Florida=
SECTION ONE:
The ZoninI Ordinance 76-30 is hereby amended t° read as follows=
Amend Section 21 - (PUD) Planncd Unit Development District to read
sa follows:
SECTION 2&. .(PUD} PLANt, ED UNIT DEVELOPHENT DISTRICT.*
Intent and Purpgse: The intent and purpose of establishing
the Planned Unit Development - PUD - District is to provide an
optional alternative zoning procedure so that planned develop-
ments may be instituted at appropriate locations in the County
in accordance with the planning and development obJectivee of
tho County. It is the intent and purpose of these PUD re~la-
tions to encourage~ as well as permit, land planners~ ~chi-
tecta~ engineers! builders~ and developers to exercise ln'~enu-
ity and imagination in' the planninl and development ~%r rc-~)
development of relatively large tracts of land under /tnified~
ownership or control. Although planned unit deve.l~pmentS~,
produced in co~plisnce with the terms and provialona~f thi~
Ordinance may 'depart from the strict application ~f us~
letback, height, and minimum lot requirements of conventional-
zoning re~ulations, the intent is to provide standards by
which flexibility may be accomplished, while maintaining and
protecting the public interest, so that:
1)
A more creative approach may be taken to the development
of contiguous tracts of land five (5) acre or more in
lire,
2)
A more desirable environment may be accomplished than
would be possible through strict application of the
minimum requirements of this Zoning Ordinance.
~and may be used more efficiently, resulting in smaller
net~r~ka of utilities and streets with consequent lower
cons ~t~uctton and future maintenance coats.
ipact of s. particular planned unit development on
~preaen~ and projected population, economys land use'
(Skin, tax base, street syste~ and public facility
~e.~w~k(s) of the County may be' c~refully evaluated
:~s~ive to the various costs and benefits that may bo
~ted with such development.
App~cation of Planned Oni~ Development techniques to
iiv~i tr~c~ viii pe~it llrje scale development which
faatures Im~ni~i~s ~nd ~xcellence in tho fo~ of
Siena In siClflf, mixed land usca and/or varied d~elllflf
t~oos as yell as adaptation to ond conservotion of the
topolr~phy and other natural characteristics of the land
bo
Planned UnIL Development~ DefJnedz A plsnned unit develop-
BpnL Is hereby de[lned as a contiguous tract cE lnnd*not leas
than five (5) acres In sizet except ss otherwise provided,
under unified control which ia planned and lmprovcd~
1) To function ss a relatively as]f-contained sad readily
identifiable district, section, or nelihborhood of the
County;
To accommoda{n · variety of dwell/al types together with
appropriate commercial, institutional, industrial, and
public uses and activities aa deemed necessary to pro-
perly serve prescribed density and population levels for
the development as a whole, or for any designated com-
ponsnt thereof; and
2)
In a single development operation or programmed aeries of
development operations ovec an extended period of time
sccordin8 to an officially adopted floater Plan and re-
lated programs for the provision~ operstion~ and main-
tenance of such areas, improvements~ facilitiea~ and
services ss will be for the common use of sll residents
and/or users of the planned community.
Relation of Planned Unit Development Regulations to General
Zoning, 8ubdavision or Other Applicable Reiulstions: The pro-
visions which follow aha1! appl. y generally to the ~reation and
regulation of all PUD Districts. l~here there are conflicts'
between these special PUD provisions and general zoning,
subdivision or other applicable regulations, these special
regulations shall apply. The standards as contained herein~
and the PUD guides and standards adopted aa part of these
regulations shall apply to the creation of PUD Districts and
to the issuance of buildin8 permits and certificates of occu-
pancy in such districts.
Planned Unit Development Districts: ][ow Established: Vhere
Permitted: PUD Districts may hereafter be established from
designated pre-existing zonin8 districts by amendment of'the
Official Zoning Atlas ~here tracts of land suitable in loca-
tion~ extent and character for the strucLurea and uses pro-
posed are to be planned and developed accordln8 to the pro-
cedures and requirements herein set out.
Planned Unit Development Districts~ general Requirements and
Limitations~ The following general requirements and limits~
tides shall apply in PUD Districts approved under the terms
and provisions of these regulations:
1)
Unified Control: All land included for purpose of devel-
opment within a PUD District shall be owned or under the
control of the applicant for such zoning designation,
whether that applicant be an individual, partnership or
corporation, or a group of individuals, partnerships or
corporations. The applicant shall present firm evidence
of the unified control of the entire area within the
proposed PUD District and shall state agreement that, if
he proceeds with the proposed development, he willl
(a) Do so in accord with:
(1)
(2)
(2)
The ~aster Plan of development officially
adopted for the district;
Regulations existing when the amendment .rezon-
ink the land to PUD is adopted; and
Suc~ other conditions or modifications aa may
be attached to the rezoninI of land to tho PUD
classification.
2)
(b) Provide alreementst contrncta, deed restrictions, or
sureties acceptable to the County for completion of
the undertaking in accord w/th the adopted tlastar
' Plan as well as £or tho conLinuins operation and
maintenance o£ such areas, functions and facilities
that are not to be provided, operaLcd or maintained
at general public expense, and
(c) ~ind his successors in title to sny commitments made
under (a) and (b) preceding.
Has*ar Plant Any applies*ion for re-zen,ns to PUD shall
be accompanied by a professionally prepsred Master Plan
nf the development comprised, as a minimum, of the fol-
1evins elemantst
A development plan, drawn to acceptable scale, which
shall indicate~
(b)
The title of the project and name of the devel-
oper;
(2)
(3)
Scale, date, north arrow, and general location
map showing relationship.of the site to such
external facilities aa highways, shopping
areas, cultural complexes and the like;
Boundaries of the subject property, all exist-
ing Itreets, land uses, watercourses, ease-
meats, section lines, and other important
physical features within and adjoining the
proposed project;
(4)
(s)
The proposed use of all land within tho project
boundaries, including the location and function
of all areas proposed to be dedicated or re-
served for community and/or public uae;
The location and size (aa appropriate) of a11
existing and proposed drainage, water, sewer,
and other utility provisionai
(6)
The location and nature of all other existing
public facilities, such aa schools, parks, fire
stations and the like;
(?)
Information about existing vegetative cover and
soil conditions in sufficient de*ali to indi-
cate suitability for proposed structures and
uses;
(8)
A plan for pedestrian and vehicular circulation
showing the sahara1 locations, widths, and
recommended surface treatment of ell major'
internal thoroughfares and pedestrian access-
ways. A diagrammatic flow chart demonstrating
the pattern of vehicular traffic movement to,
within, and throush the planned development;
(9)
A plan for the provision of all needed utili-
ties to and within the planned community;
including (al appropriate) water supply, treat-
ment and disposal{ electric power; sas end
communications (telephone, Cable TV).
A written legal description of the subject property
together with name. and addresses of ell owners of
record,
Cc) Supportive report(s) which shall ineludet
(1) A statement ]ndlcstins how end why the'proposed
project complies with pllnn/nl and development
objectives of the County{
(d)
(e)
(2) A general dnscription of the proposed develop-
monte lnclud/nl informaL/on ss to:
(I) ?oral acresle Involved Ln the project,
(II) The number of acres devoted to the various
categories of land nsc shown off the devel-
ol~eeflt plan, together with the respbctive
percentage of total project acreage repre-
sented by each category of use.
(III) The number and type of dwelling units
involved sad 'the corresponding overall
project density in 'dwelling units per
grail Icrc,
The minimum design standards reflected by
the site plan for such features as lot
shape and size, internal streets and
pedestrian ways, open space provisions,
off=street parkings signs, and landscap-
ing, as required.
(3)
(~)
(V) Dwelling unit densities for each residen-
tial component.
A proposed'schedule of development which /den-
t/lies the anticipated project and component
start and completion dates, stages of develop-
ment, and the area and location of common open
apace to be provided at, or by, each stage; and
A statement and/or map indicating which streets
or roads (and pedestrian ways as appropriate)
are proposed for public ownership and mainte-
nance, and whether approval is sought as part
of the Hanger Plan for private roads if any are
within the district.
As determined by the Co.unity Development Adminis-
trator, schematic architectural drawings (floor
plans, elevations, perspectives) of all proposed
structures and improvements, except single-family
residences and their related accessory buildings, as
appropriate,
Agreements, provisions, or covenants which govern
the use, maintenance, and continued protection of
the planned unit development sad an7 of its common
areas or facilities.
Professional Services Required: Any Nester Plan of
Development'submitted in support of sn application
for PUD zoning shall certify that the services of
two (2) or more of the following professionals were
utilized in the design or planning process:
(2)
An urban planner who possesses the education
and experience to qualify for full membership
in the American Institute of Certified Plan-
ners; and/or s landscape architect who possess-
es ~ha education and experience to qualify for
full membership in the American Society of
Landscape Architects;
Together with either a practicing civil emits-
esr licensed by the State of Florida, or s
practicing architect licensed by the State o£
Florida.
Common Open 8pace or Common Yaeilitiest Any common
open space or common £acilitLes established by an'
adopted Nester Plan of Development for s PUD Dis-
trier shall be subject to the tollovtnlz
(l) ~he ~annin~ ComialiOn may recommend that the
Board of County Commislionerl require that the
petitioner provide for and establish an organ-
tsation for tho ~wnerahip and mainteflanco of
any common open space and/or common facilities,
and such organization shall net be dissolved
nor shall it dispose of any common open space
or commoh faellitieat by sale or oLherwiset
except to an organization eoncoiw:d &fid estab-
lished to own and maintain tho common open
apace or common facilities. However! tho
conditions of transfer shall conform to tho
adopted Halter Plan.
(2) Xn the event that the org~nLzation established
to own and maintain common open space or common
faciltttest or any successor organization,
shall at any time after the establishment of
the planned unit development fail to meet
conditions tn accordance with the adopted
Nester Plan of Development, the Community
Development Administrator may nerve written
notice upon such organization and/or th~ owners
or residents of the planned unit development
and hold a public hearing. X~ deficiencies o~
maintenance are not corrected within thirty
(30) days after such notice and hearing, the
Community Development Administrator shall call
upon any public or private agency to maintain
the common open space for a period of one (I)
year. ~hen the Community Development Adminis-
trator determines that the subject organization
is not prepared or able to maintain the common
open space or common facilities) such public or
private agency snell continue maintenance for
yearly periods.
(3) The cost of such maintenance by such agency
shall be assessed proportionally against the
properties within the planned unit development
that have a right of enjoyment of the common
open space or common facilities and shall
become a lien on said pr~perties.
(h) Dedication of the Public Facilities~ The Planning
Commission and the Board may) as a condition of
approval and adoption of PUD zoning and in accord
with the Halter Plan of Development~ require that
suitable areas for streets~ public right-of-way!
school~ parks~ and other public facilities to be set
aside) improved~ and/or dedicated for public use.
(i) Deviations from the required Noster Plan elements: The
Community Development Administrator may exempt a petition
from certain required elements of the Noster Plan when
the petition contains conditions which show the elements
can be waived without & detrimental effect on the health)
safety and welfare o£ the community. These exemptions
aha11 be listed in the Staff Report to the Planning
Commission.
Planned Unit Deve!opment:' Specific Requirements! Limitations~
and ~tandarda: In addition to all [eneral provisions and
procedures set out In this ~ubsection. the following specific
requirements) limitations and standards, shall apply particu-
larly tot ' location of PUD Districts intended prima~ily for
resident/al uses and purposes'but containin~ commercial retail
or service activities~ location of PUD Districts Intended
primarily for commercial end. industrial uses or combination
thereofI tho preparation of Halter Plans for the two (2) items
immediately precedingl the reviev o£ applications for razonin~
to PUDI and tho development (or re=development) of PUD Dis-
tricts that have been adopted aa amendments to this, losing
Ordinance.
:)
2)
3)
4)
Loc#tach! ~ DistrLcts shall be so located es to pro-
v/do sdequst~ access for the populetion, to bo expected
and in accord with the provisions and standards hernia
Hlnim~,~Ares Required! ~e minimum ires required for i
Planned Unit Development District shall be five (5)
sCrel,
Character of the Site~ Any proposed PUD shall be suit-
able for development in the manner proposed without undue
hazards to persons or property~ on or off the tract, from
probability of flooding, wind or water erosion, subsi-
denc~ or slipping of the soil, or subsidence of butldinss
or other structures of facilities, Condition of soil,
ground water level, drsinsg% sad topoKraphy shall Ill be
appropriate to both kind sad p&ttern of use or uses
intended. The site shell also contain sufficient width
sad depth to accommodate adequately its proposed use end
design.
Uses Permitted: The following uses either individually
or combination thereof, shall be permitted in PUD Dis-
tricts when they sro shown on the Nester Plan Of Develop-
ment adopted by the Board of County Commissioners for
such districts:
(a) D~ellings of any variety or combination of types.
(b) Accessory buildings and accessory uses.
Cc) Common public and private open spaces.
(d)
Parks, playgrounds, community centers, or other
recreation or social facility owned and operated by
a non-profit organization.
(e) Recreational facilities such aa golf,
tennis and country clubs.
(f) ][ouses of Worship, libraries, schools~ nursing
homes, child care centers, hospitals.
(g) Public parks and playgrounds~ public buildings,
public utility and service uses.
(h) Harina.
(l) General service commercial, industrial and profes-
sional office uses or combination thereof.
(J)
(k)
Support business and retail facilities, provided the
amount of land designated for such uses does not
exceed five (5) percent of the gross area of the
total development unless, & larger area has been
designated on the Comprehensive Plan.
Entry level multifamily rental dwellin~ in actor-.
dance with Paragraph f 6) of this section, exludin8
Paragraph · 2) [(d)-(g)] and Paragraph f 7, 8 and
10.
s)
Naximum Rc~idential Densities Permitted:
(a) ~aximma density for any residential coeponent or
group of components shall not exceed the max/mu~
density permitted la the district the use most
closely ~esembles,
(b) The Planning Commission may recommend de~lations on
density o~. extent of development when it has deter-
mined,ths~ developmen~ to the maximum density per-
mitred'in Paragraph (a) above vouldt.
(1) Create lneonvenion~ ~ ~naafe aeeess to tho
6)
. (c)
(2)
(S)
(~)
Cs)
ers.ts traffic conge.tion in the street, which
Place · burden on parka, rccroatioflal areas,
school., and o~her public fac,l/ti, which
serve or are props.ed to aorve the R~, or
Be in conflict with t~o generil Lfltent and
provisions of the Comprehen.ive Plan, or
Create a throat to property or incur abnormal
public expense in are. .uhJect to natur'.l
ha.rd..
The overall density of a PUD shall be calculated by
dividing the number of dwelllni unit. b7 the total
dr... development ere.,
Hulti-Family Entry Level Rental Housin} Are..
(To become effective April 1, 1982.)
(a) Intent= Thi. area i. intended to apply to an area
of entry level multi-family residential rental unite
having · mid-ri.e profile .llhouette .nd generally
surrounded by low profile structure, end open .pace
and .o situated that it il well-served by public and
commercial services and has direct or convenience
access to thoroughfares and collector streets.
This area i. intended to implement the Comprehensive
Plan end provide mid-ride multi-family dwelling
accommodations in accordance with the goals, objec-
tives and policies of the Co~prehenstve Plan.
This area ia based on the foil.wing findings of fact
by the Boad of County Commissioners=
(~)
That Collier County I. among the highest rental
and purchase housing markets in the State of
Florida;
(2)
(3)
There ia a real need for additional housing
facilities both rental and purchase in the Iow
to moderate income ranges;
Due to the shortage of affordable housing in
the low to moderate income range, local
businesses have experienced difficulty in
recruiting and retaining qualified employees
within many necessary employment classifica-
tionsI
(b)
(4) That the creations of this district would
discourage young families, presently unable to
find affordable housing, from moving elsewhere;
($) That the creation of this district would
attract business to the Community by stabiliz-
ing the work force end providing affordable
housing for semi-skilled, skilled, trade and
young profea.ionel worker, l
(6) That providing incentive, to the private .actor
to provide Iow and low-to-moderate income
housing would strengthen the County's tax base
by keeping .uch projects on the tax rollsI
Permitted Uses end gtructure. I No building or
structure, or part thereof, shall be erects, altered
or used, or land or water used, in whole or in part,
rot other than the follovingt
(1) Pemitted Principal Uses and Structures
(/) Hulti-famLly rental dwellinls units.
(c) Maximum Density! Sixteen (16) resident/al units per
groII lire,
(d) Hinimum Lot ~ree Requirementf Five ($) acres.
(e) HinimumLot Vidtht One hundred sad fifty (250) feet
aa measured at the front yard building line setback.
(f). HlnimumYard Requirementaz
(I) Depth of front yard - Thirty (30) feet plus one
fl) foot for each two (2) feet of building
height over thirty (30) feet.
(2) Depth of side yard - Fifteen (15) feet plus one
(1) foot for each two (2) feet of building
height over thirty (30) feet.
(3) Depth of rear yard - Thirty (30) feet ~lus one
(1) foot for each two (2) feet of building
height over thirty (30) feet.
(g) Distance Between Structures~
(1) If there is a separation between any two (2)
principal structures on the same parcel, said
separation shall be a minimum of fifteen (15)
feet or a distance equal to one-half (~) the
sum of their heights! whichever is the greater.
(h) Hinimum and Naximum Floor Area of Principal
Structures:
(1) Efficiency Apartments
fi) Hinimum Floor Area - 450 square feet.
(ii) Haximum Floor Area - 525 square feet.
(2) One bedroom apartment
fl) Hlnimum Floor Area - ~50 square feet.
(ii) Haximum Floor Area - 650 square feet.
(3) Two bedroom apar'tment
(l) Ninimum Floor Area - 650 square feet.
(ii) Haximum Floor Area - 900 square feet,
(~) Three bedroom apartment
fi) Hinimum Floor Area - 900 square feet.
(ii) Haximum Floor Area - 1,0SO square feet.
fi) Haximum Height of Structures:
(1) Three (3) living floors.
(J) H/nimum Landscaping Requirementst
Aa required in Section 19 of this Ordinance.
(k) Hinimum Off-Street Parkingt
fl) Efficiency Apartments - 1 space per drill/al
(2) One Bedroom and above - 1.5 spaces per dwell/ga
. :
Bedrooms or moro - 2 spaces per dwollins
unit. (Roy. ORD ao-6o).
7)
Commercial Co.~enenta~ Com.erciel areas ~n s ~lven ~
D/strict ara doslsnod and intended to nerve either tho
residential component or the community senerellyt end sro
so deeLlnsted by tho adopted .master plan for said dLa-
trice, shell be end ere hereby eon,idered to be planned
unit developments or pert of · planned unit development
aa defined by this subsection. Required master develop-
ment plans for theao commercial PUl) components shill
therefore be preparedt reviewed and carried out in com-
pliance with sll applicable requirements, limitations sdd
atsnderdl, es set out Ln this Subsection.
8) . Minimum Lot Ares and Frontage Requirements Within · PUD :
No minimum lot size or yards shall be required vithin a
PUD~ except that frontage on dedicated public roads shall
observe front yard requirements in accordance with the
zanies classification the uae moat closely resembles, end
peripheral Verde shuttles the exterior limits of the PUD~
boundary Cexcept for boundaries limited Ln or by water)
shall observe yard requirements in accordance with the
zoning classification the use most closely resembles.
Every dwelling unit or other uae pet~nitted in the PUD
shall have access to a public road or street either
directly or via an approved road~ pedestrian way~ court~
or other area dedicated to public use or reserved for
private uae~ or co,on element ~uaranteeing access.
Permitted uses are not required ,to front on s public
dedicated road or street.
9) Dimensional Standards: Shall be those of the district
the use moat closely resembles,
lO) Off-Street Parking and Off-Street Loading Requirements:
Off-street ~arking and off-street loadin$ requirements
shall be as for comparable uses net out in Section 8 of
this Zoning Ordinance. No parking spaces on or within
any public or private road or travelway shall,be counted
in fulfilling the required number of spaces. Landscaping
for vehicular areas aha11 be as set out in Section 8,32
of this Zoning Ordinance.'
(11) Usable Open Space Requirements: Usable open space shall
include active and passive recreation areas such es
playgroundl~ ~olf courses, beach frontage, water, aye,
la[oons~ flood plains, nature trsils~ end other similar
open spaces. Open water ares beyond the perimeter of the
site, street rights-of-way, drivewaya~ off-street parkin~
areas, end off-street loading areas shall not be counted
in determining usable open space.
(a) Planned Residential Developments: In residential
developments at least seventy-five (7S%) percent of
the Stoas ares shell be devoted to usable open
space.
(b) Commercial, Industrial end ~txed Purpose Develop- .
meats: In de~'elopments of commercial~ industrial
and mixed use~ includinS residentials at least
thirt~ (30%) percent of the tross brea shall be
devoted to usable open space.
(c) Dedication of Usable Open Spaces A maximum o£ oisht
(8%) percent of tho arose project sits shall bo
required for dedication to public use for all pro-
Jeers slier a determination by th~ Board of County
Commissioners that & public need exists for such.
public facilities.
12) ~evelopment Plannit[ - Kxternsl Relationshipsl Dovelop-
,monL plsnnini within s PUD Dls~ric~ shall provide,protec-
tion of the developmen~ £ron, potentially adverse our-
rounding influences and protectLon of .urroundinl irons
~rom potentially adverse influences ~onorsted by or
v/thin tho district,
Principal vehicular access points shall be designed
to encourage smooth traffic flow and minimize
hazardl to vehicular or pedestrian traffic. Nerging
and turn lanai and/or traffic dividers shall bo
required where existing or anticipated heavy traffic
flows indicate need. In general~ minor streets
within the PUD development shall not be connected
with minor streets outside tho PUD development so as
not te adversely impact minor streets in the neigh=
boring residential areas. ~nere streets within the
district intersect adjoining streets, viaabllity
triangles shall be maintained.
Fences, walls, or vegetative screening at edges of
PUD Districts shall be provided where needed to
protect res/dents from undesirable view, lightin~,
noise or other adverse off-site influences, or to
protect residents of adjoining districts from simi-
lar possible influences from within the PUD Dis-
tract. In all cases, screening shall, at a minimum,
be designed to protect existing or potential first-
flo~r residential occupant window levels. In par=
ticular~ off-street parking areas for five ($) or
more cars~ service areas for loading or unloading
vehicles other than passengers, and areas for stor-
age and collection of trash and garbage shall he so
screened.
~3)
Development Planning - Internal Relationships: The
development plan for a PUD DlstricC shall provide for
aafe~ efficient, convenient, and harmonious groupings of
structures, uses and facilities, and for appropriate
relation of space inside and outside buildings to intend-
ed uses and structural features.
(a)
Streets, drives and parking and service areas shall
provide safe and convenient access to dwelling units
and project facilities~ and for service and emer-
gency vehicles, but streets shall not be so laid out
as to encourage outside traffic to traverse the
development on minor streets, nor occupy mare land
than is required to provide access as indicated, nor
create unnecessary fragmentation of the development
into small blocks, nor shall streets be laid out or
constructed as to require excessive cuts or fills or
to interfere with desirable drainage in or adjacent
to the district. In addition, all major arteries as
shown on tho master plan of development shall be
controlled access facilities and tho only vehicular
access thereto shall be public and private streets.
Private streets or roads~ if proposed by the appli-
cant, shall co~ply with all requirements for such
streets and roads as contained in the' County Sub-
division Regulations.
14) Preservation and Protection of Desirable Naturalt
Historic or Archaeological Featuresl Every effort shall
be made in'the l,lanning and development of a PUD D/strict
to preserve and protect desirable natural, historic, er
archaeological features of the lites including trees and
other vegetation of consequence. The disturbance of
terrsl~ or vegetation in · manner likely to sisnificsntly
increase either wind or water erosion within or adjacent
to tho P~ District la prohibited,
Si~n Limitation! Signs shall be in accord·ncc with
Section B,33 of this Ordinance,
16) Devistfona from Specific Requfrc~nt~t L~m(tations~ and
~tandar(la~ iii,on, in tho opinion o£ tho PlannlJig Canute~
elan, unuaual condition..xi.t, they may race--nd to the
Bo.rd o£ County Ce.ua/.simmers and the Bo. rd may approve
the wsLv/n8 or certain portions o£ the above standards,
lLnLtatLona and requiren~nta.
Utilitieat It ia inter'ed that within the residential por-
tions of a PUD District, all utilities, lflcludinl telephone,
television cable, and electrical systems, shill be installed
underground; provided, however, appurtenances to those systems
which require above ground Installation must be effectively
screened and thereby may be exempted from these requirements;
and primary facilities providing service to the site of tho
development or necessary to le~lc~ areas outs/de the district
nay be exempted from this raquirement.
Procedures for Planned Unit Development Zenana: Petitions for
rezoning to PUD shall bo submitted and processed aa for razes-
ing amendments generally and in accordance with the following
special procedures:
1)
2)
Pre-ap~lication Conference: Prior to submitting a formal
application for razes,ns to PUD, the applicaflt shall
confer with the Community Development Administrator and
other County staff, asenciea, and officials involved in
the review and processing of such applications and re-
lated materials. The applicant il further encouraged to
submit a tentative land use sketch plan for review at the
conference, and to obtain information on any projected
plans or programs relative to possible applicable Federal
or State requirements or other matters that may affect
the proposed planned unit development. This pre-applica-
tion conference should address, but not be limited to,
such matters
The proper relation between the anticipated project
ann surrounding uae., and the effect of the proposed
development on the planning and development objec-
tives of the County.
(b)
The adequacy of existing and proposed streets,
utilities, ,nd other public facilities to serve the
development.
Cc)
The nature, design, and appropriateness of the
proposed land use arrangement for the size and
configuration of property involved.
(d) The adequacy of open space areas in existence and as
proposed to serve the development.
Ce)
The ability of the subject property and of surround-
Lng areas to accommodate future expansions, if
needed.
Application Haterials: In addition to information gener-
ally required for rezoning applications, [ho applicant
shall submit the following material, or data in suffi-
cient copies for necessary referrals and records:.
(s) The evidence of unified control of the proposed
planned unit development and tho associated agree-
ments required under this Subsection.
(b) A proposed' master plan of development aa prescribnd
under this Subsection.
¢c)
'Cd)
Such other material aa tho applicant may feel Aa
applicable to and in .upport of his application for
rosoning ~o PUD.
AnY additional /n£ornation as nay bo required by the
Planning Commission or the Board of County Commie-
aloflera.et the time of any public heertnt;'
$) PrehearJnl Conferenco~ Any apl, lie. Lion [or resonLnl to
~UD~ toleLher vLth ell materials preacrfbed herefn, ah. Il
be eubmftted to the Community Development Administrator.
Pre-haarLnl con[erencea may be held between the epp1Lcant
and/or hie representatives end o£ficials or representa-
tive of the County. The purpuae o£ such pre-hearfnl
conference, shell be to aa,let in brintfnl the applica-
tion for rezoninl' to PUD es nearly la possible into
conformity with the intent o£ these or other applicable
re~uletione~ end/or to define specifically any
sble veriatione ~rom the epp~ieation of ouch relulltiona.
]£ luch confarencae be he~d~ any ~acommendationa
chan~e in the Jpplicetion~ ma,tar p~an of developmentt or
required ILar,monte ahal~ be act do~n in writfn
eh, l! become · part of the public record in the ca~e.
A~l such recommendations ,hals be lupported by
et, tad re,seal £or the proposed chanle. The appZ~canc
· helle in writinle indicate lire,meat to such recommend,-
trees or die,Ire,meat. If dtaagreein~ the app~ican~
shell atato) in writin~ the rea,one therefore. All such
re,ponies by the applicant sha~l ba included in the
record o~ the cai,.
~eviev by Adviaor~ Boards= The Board o£ County Commie-
sion,re ah, Z! require review of the app~lcation for
~ezoninl to PUD by such County advisory boards aa it mayt
from t~me to t~me. dead,nato. Where the Board
qufred revlew) comments and critique of luch advisor7
board shell be mede in writinl end ah, Il become a part
Lha record in the matters provided, a representative
such design,Led board may appear end ap,ak a~ the public
hearings before the Plann~n~ Comm~aaion end the Board
County Commission, ri.
5) }lear~n8 Before the Plann~n~ Commie,ion= Public notice
ahaZl ba liven end · public he,rial bald before the
Pl&~inl Commission o~ the appZication £or razonin~ to
PUD. Both the notice and the he~rinl aha~ be on the
appl~cation, proposed master p~an o£ development~ and
required ata~ementa aa the7 may bari been amended aa a
reau~c o£ the pre-hear~n~ conferences conducted purauan~
to th~a sub,action.
6) P~annin~ Comm~aaion Recommendation= The P~anninl Comm~a-
sion aha~Z make written £ind~nla aa herein aec out and
shell recommend Lo the Board of County Commission.ri
either approva~ of the PUD rezonin~ aa propoaed~ ~pprova!
conditional on at, ted modifications] or d~aapprova~. In
support of it, recommend&riehL the Pl,nninl Commie,fen
Ih, l! make £indin~a ee to=
(~) The eu~tablllty o~ the area for the type end pattern
of development proposed in re~ation to phyaica~
characteristics of the landt re,aLien to aurroundinl
areal~ traffic and acc,aa, drainage, aever~
end other utllit~ea.
(b) Adequacy o~ evidence o£ unified contrb! end auit-
ability of any proposed a&reemen~a, concracca~ or
other instruments or £or amendmen~a in those pro-
poaed~ part~cularZy as they may re,ate to arrange-
monte or proyialona to be mede ~or the conc~nuinl
open.etlon sad maintenance o£ such areas end £acili-
ties that ere no~ to be provided or maintained
public expense. 'Findings end recommendations of
this type shall be mede only after consultation with
the Counky Attorney.
(c) Ce~£or~lty of the proposed planned unit developmen~
with the &o&le end objectives o~ the Comprehensive
Cd) Con£orulty vLth PUO relullt~onl~ or <o. delLreblc
nodi~Lcetiou or ouch relulotLons.,,:n..t~a,p&rt~cul~r
csae~ based on determination that such modLfLcattons
are Justified aa m~ating public purposes to . degree
IL least equivalent Lo lLteral application o~ such
regn]ationl.
?)
Action by Beardt Unless the application il withdrawn by
the appZ/cant~ the Board 'of County Comtssioner. shill,
upon receip£ of the Planning CommiaaLon'~ recommendation,
advertise and hold · public hearing on the application.
The notice and hearing ~hall be on the application and
master plan of development as reeommended by the Planning
Commission to the Board of County Commissioners. The
Board of County Commissioners shall either grant the
proposed rezoning to PUDl approve with conditions or
modifications or deny the application for PUD rezoning.
$,ch modifications shall be stated with re£ercnce to the
appropriate provision of these regulations upon which
they are based and the reasons therefore.
Effect of Planned Unit Development Zonin~; If the Board of
County Commissioners approved the proposed PUD rezoning, the
master plan for development and all other infor~ation and
mater/als formally submitted with the petition shall be con-
lidered and adopted aa an amendment to the Zoning Ordinance
and shall become the standards of development for the subject
planned unit development. Thenceforth, development in the
area delineated as PUD District on the Official Zoning Atlas
shall proceed only in accord with the adopted master plan for
said district.
Before development of any t~pe may proceed, all agreements or
contracts required, but not approved at the time o£ amending
action, shall be approved by appropriate officers or agencies
of the County. In those instances where final plats are
required by other County regulations, building permits may ba
issued after a final plat and construction plans have been
approved by the Board of County Conunissioners, thereby per-
mi,ting appropriate construction as necessary improvements are
installed; but no occupancy permit shall be issued until the
final plat of the proSe?t, or phase thereof has been recorded.
Chaniea and Amendements) The Board of County Commissioners ,
upon recommendation by the Planning Commission, may approve
minor changes in the locatiofl~ siting or height of buildings,
structures, and improvements authorized by the adopted master
plan of development for a designated PUD District, provided
that such modifications do not:
1) Increase the number of structures; the number of dwelling
units; or densities aa specified by the adopted master
plan.
2) Change any perimeter boundary of the planned unit devel-
opment.
3) Rearrange any lot, block, building tract, or common open
space or common facility as shown on the adopted master
plan.
4) Change any use al shown on the adopted master plan.
5) Change location'or amounts of land devoted to specified
land.uses on the adopted master plan.
Changes 1) through $) above shall be considered major
changes to the Halter Plan and shall req6ire the mime
procedure as for actual PUD zoning before they con be
approved by tho Board.
~anguage changes not involving I) through $) abo~e shall
requLre the same procedure is for aBend/ng the Zoning Ordin-
znce,
SECTJON T3aOt
received by the SecFetary of State,
~" I}ATEi July 28, 1981 BOARD OF cou~-/' CO~lSSlO~l~
~ ' COLLIER CO~ ~RIDA
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is atrue original oft
ORDINANCE NO. 81-36
which was adopted by the Board of County Commissioners during
Regular Session July 28, 1981.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st
day of July, 1981.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex officio to Board of ,"~. ·
Th~s 0~d~,a,ce ~]ed w~th' the Secretary 0~ State's 0~ce
the 4th day 0~ August. 1981 and acknowledoement of that
f~11ng received thts 7th day of~~l.
BY: DePuty Clerk