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Ordinance 76-17 o~t~n~c~ NO. 7~-17. N 0 D N E AMENDING ORDINANCE NO. 74-42 AND 75-24, THE COMPREHENSIVE ZONING REGU- WILDERNESS ON PROPERTY DESCRIBED BE~W AND PROVIDING ~ EFFECTIVE DATE WHE~AS, Wesley G. Do~ing, .representing of the property hereinafter described, petitioned the Board of County Commissioners of Collier County, Florida to change the zoning classification of the real property hereinafter described: NOW THEREFORE BE IT ORDAINED, by the Board of County Commissioners of CoLlier County, Florida= SECTION ONE~ The zoning classification of the hereinbelow de- scribed real property in Collier County, Florida, is a Planned Unit Development (PUD) and is subject to all conditions as hereinafter described and, the Official Zoning Atlas as described in Ordinance No. 74-42 and 75-24, is hereby amended accordingly. A. Generals The basic development concept which und~in~Z r-' ship golf course in a densely wooded setting, and uti~ati~ . of this setting as the site for a high quality, low density, cloistered residential aperient complex. The subject property has perhaps the most spectacular scenic quality of any inland property in the Greater Naples Area. It is extensively vegetated with a broad assortment of native trees and shrubs. The land has a handsome rolling character, with elevations zanging from more than 12 feet in the pine forested sand' ridges to only 2 feet above mean sea level in the cypress hammock lands along the Gordon River basin bottom. Two existing single family residences within the property, occupied by members of the landowner ~a~ily, are to continue as an integral part of the finished .development./!,',,339 dWelling 'units are to be established in cjusters of'2 and 3-storm garden apartments. The character of this project, aa evidenced in the name, ia to be e~tahli~hed through preservation a maximum amount of the existing handsome native forest. The "wilderness" character o£ the finished product isdepend- ed upon to create market acceptance of the relatively expensive real estate development product. B. OwnershiRl The ownership characteristics of the Wilderness Project are somewhat varied from normal land development projects, as followsl the pro~ect lands are now owned by members of the E.H. Frank family.. The development organi- zation has leased the lands from ~he Frank family and will underwrite the capital investment required to develop the project as planned. The apartment structures will be condo- miniums, with individual apartments and the land on which the apartment is located to be sola outright. As the deve- lopment organization constructs and sells apartment units and permanent golf club memberships, its ownership of the golf course, clubhouse, and other land improvements within the project will be proportionately reduced, with the sale of the last apartment unit extinguishing the development organization's interest in the pro~ect improvements. At this point, apartment owners/club members, headed by a Board of Governors of their own choosing, will own end manage the club and golf course, with that ownership being to the underlying land lease. C. Development and Marketi~: D~ring the development and marketing phase of the project, it is anticipated that the development corporation will conduct project administrative and marketing activities in the club building. This function wall terminate at or before the time club ownership and man- agement responsibility passes from the development organization to the Club members. II. STATISTICAL INFORMATION A. Description of Principa~s.~ Landowners/Lessors~ members of the E.H. Frank family, Frank Road, Naples, Trail, Naples, Florida. Land ~lanne=~ William R. Vines, AIP, 1170 Third Street South, Naples, Florida. Engineerll Tri-County Engineering, In=., 3560 Tamiami Trail North~ Naples~ Florida. Architects Richard W. Morris, AIA, 1207 Third Street, South, Naples, Florida. Golf Course Architect~ Arthur W. ~ills, 7351 West Bancroft, Toledo, Ohio 43617. B. Legal Descrip.~ion of.. Subject Property= Lots 12 thru 22, Naples Improvement Company's Little Farms, as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. This property lies within Sections 22 and 27, Township 49 South, Range 25 East. The property is 218.639 acres in area, ia bounded on the west by Frank Road and lies lmediately south of the ~ole-in-the-Wall Golf Course. Precise property boundaries are shown on Exhibit "b" which accompanies this application. C. Control of Developm~ntl No land is included with£n this PUD application except that owned by members of the E.N. Frank family. D. Topographys Topographic survey data, compiled by Tri- County Engineering Company in late 1972 and early 1973, has been ,uper~mposed upon the attached 1" - 100' aerial photograph entitled rxhibit E. Densitys The golf course and residential complex contains 207.949 acres. Gross residential density shall not exceed 1.64 dwelling units per acre. F. Natural Featuress Existing natural features on tho site, including the pattern of extensive forestation, is clearly evident on the 1" - 100' scale aerial photograph on which the development plan has been superimposed, and which ~m marked Exhibit G. Land Areas The total land area ~s 218.639 acres. H. Land Usess Land uses include an 18-hole par-72 golf course; a golf club complex including a maximum of six g%~est rooms, an integral feature of the club building, to be ~sed for~..j ~ overnight visits by visiting fam/ly an4 ~nvited guests of club members; a maximum of 339 apartment u~ts; utilitarian golf vehicular accesswaya and offlt=ee~ park~n~ area! %Wo&s~ngle .... family rosidonces~ a manned access control gate and a security fence around the entire project! and extensive natural open space. ~ 1. Internal Traffic Movementl Vehicular drivel within the ~ project are to be privately owned and maintained. They can k~ be functionally classified as minor residential streets in ~ part, and in part as apartment driveways. A golf cart will be garaged at each apartment. Circulation by project residents/ club members within the pro~ect area will be almost entirely by golf cart or foot, reducing the necessity for automobile traffic to that which is entering or departing the project. This will result in a very low volume of automob£1e traffic within the project. Automobile travelway construction will equal or exceed in quality that required by the County for minor residontial stroets in new platted resident~al develop- mentso Street pavement widths are to be 18 feet. There is to be a single entrance road interconnection with Frank Road (S.R. 951). Additionally, there will be a service vehicle drive from Frank Road to the golf course maintenance area. Combination s~dewalks/cart paths/bicycle paths interconnecting all multi-family dwelling units with each other and w~th the club facility are to be 8 feet in width, and to be privately owned and maintained. Golf cart paths within the golf course are to be 4 feet in width. J. Fire Protectionl The Wilderness Project lies in the North Naples Fire Control District; partially in the East Naples Fire Control District. The development plan has been reviewed by the Chiefs of both of these Districts, each of whom ham indicated that no fire fighting problems are posed by the development plan. Additionally, the C~ty of Naples Fire Chief was contacted relative to the adequacy of planned access ways in the event his larger pumper truck is called upon in connection with an elevator apartment fire. The Chief indicated that the planned vehicular travelways would provide satisfactory access for all of his fire fighting equipment. '.' ?' ~,.~. :~,,.~-, ....... "u' -'~ ~'"~ ~....~ ..~: K. Outdoor Lighting. L~aoo= ligh~lflg &long of the project's roadway system will be utilized. Fixtures to be utilized will be residential type post lanterns served by underground electrical conduit. The lighting fixtures will include a shade which will direct light groundward, preventing nuisance causing direct glare into residential apartment windows. The streetside post lanterns will be established at about 300 feet intervals. III. MULTI-F~4ILY RESIDENTIAL DEVELOPMENT A. Development Pattern=. The apartment structures in the project are to be developed in cjusters, with each cjuster occurring within a defined numbered area as set forth on Exhibit "Bm, as follower Parcel 2 2.576 acres Parcel 3 2.345 acres 3 story 2 story 24 dwelling units 24 dwelling units Parcel 4) Parcel 5) Parcel 7 15.841 acres 9.25 acres. 2 & 3 story 104 dwelling units 2 & 3 story 83 dwelling units Parcel 8 11.033 acres 2 & 3 story 104 dwelling units - 41.045 acres "'339 duelling uni~'~ B. Ownership= Condominium apartment Parcels and 8 are not separately owned parcels~ and simply represent spatial envelopes within which the planned 339 apartment dwelling units are to be confined. As can be seen on the development plan, a substantial portion of these spatial envelopes is to be utilized for recreational open space, lake area, and inbounds golf play. C. Setbacks: No apartment structure shall be closer than 30 feet to another apartment structure. Go long as all multi- family apartment structures are contained within the pre- established development parcels, no specific yards or set- backs shall be required between the structure and the edge of the development parcel or between a structure and an access drive. This latter variation from normal street. - · . .,~. fronCyar~ requirements is necessitated by ~be fact t~a~:*~he *"' ' access drives ara private and are phYs~.c~a~.ly inta~rat&~ covered parking spaces for automobiles and golf carts. . D. Floor Area~ ResidentiaL'apartment floor areas will have . a minimum of 1,460 square fae*~.. E. Parking= Each dwelling unit in the development complex will be served by at least 1.5 offstrest parking spaces. One space per dwelling unit will be covered. The additional spaces will be uncovered and will ~ointly serve the second automobile for those families which have two, guest parking, and service vehicles. Additionally, a covered golf cart parking space will be developed at each dwelling unit. F. Maintenance of Structures and Grounder Funds for maintenance Of the apartment structures and the grounds immediately around them will be provided in the typical con- dominium corporation manner, ~.e., through monthly main- tenance fees which are paid to and expended by the officers of the condominium corporations. Maintenance and management actions are to be made a lawful responsibility of the Condominium Association, which will be established under the CondominiumAct, Chapter 711, Florida Statutes, 1963. The pertinent excerpt from the Declaration of Condomin£um followsz 5. Maintenance, alteration and improvement. Responsibility for the maintenance of the condominium property, and restrictions upon its alteration and improvement, shall be as follows~ 5.1. Apartments a. By the Association. The Association shall ma£ntain, repair and replace at the Association's expensez (1) All portions of an apartment, except interior surfaces, con- tributing to the support of the apartment building, which portions shall include but not be l~mited to loadbearing columns'and load- bearing walls. (2) All conduits, ducts, plumbing, wirLng and other facilit~ee for the furnishing of utility. Ce services contained in the portions , o! an apartment maintained by the Associationl and all such facilities contained within an apartment that se=vice part or parts of the con- dominium other than the apartment within which containedl and (3) All incidental damage caused to an apartment by such work.shall be repaired promptly at the expense of the Association. By the apartment owner. The reaponslbil~ty of the apartment, owner shall be as follows~ (1) To maintain, repair and replace at his expense all portions of his apartment except the ~orttona to be maintained, repaired and replaced By the Association. Such shall be done without disturbing the rights of other apartment owners. (2) Not to paint or otherwise decorate or change the appearance of any por- tion of the exterior of the apart- ment building. {3) To promptly report to tho Association any defect or need for repairs for which the Association ia responsible. Alteration and improvement. Neither an apartment owner nor the Association shall make any alteration in the portions of an apartment or'apartment building that are to be maintained by the Assocfati0n~:/ or remove any 'portion of such, or make any additions to them, or do anything that would Jeopardize the safety or soundness of the apartment building, or impair any easement, without first obtaining approval in writing of owners of all apartments in which such work is to be done and the approval ¢.f the Board of Directors of the Association. A copy of the plans for all such work prepared by an architect licensed to practice in this state shall,be filed with the Association prior to the start of the work. 5.2 Common elements. a. By the Association. The maintenance and operation of the common elements shall be the responsibility of the Association and a common expense. b. Alteration and improvement, After the completion of the improvements included in the common elements contemplated by this Declaration; there shall be no alteration nor further improvement of the real property constituting the common elements without prior approval in writing by the owners of not less than 75% of the common elements except as provided by the By-Laws. Any such alteration or improvement shall not interfere with the rights of any apart- ment owners without their consent. The cost of such work shall not be assessed against a bank, life insuran=e company of savings and loan association that acquires its title as the result of owning a mortgage upon the apartment the alteration or improvement, and thiS" shall be so whether the title ks acqui'red .... by deed £rom the ~ortgagor. or througB ", foreclosure proceedings°, The share of any cost no2 ~o assessed shall be assessed to the other apartment owners in the shares that their shares An the co.on elements bear to each other. There shall be no change An tho shares and of an apartment owner An the common elements altered or further £mproved, whether or not the apartment owner con- tributes to the cost of such alteration or improvements. ~V. SINGLE FAMILY ~ESIDENTIAL DEVELopMENT . The defined boundaries of the two s£~gle-fam~ly residences within the project are numbered as Parcels 1 and 6 as shown on Exhibit Parcel I 4.145 acres i dwellingunit Parcel 6 6. 18 acres I dwelling unit 10.325 acres 2 dwelling units The single family residential sites will represent separate real estate ownerships from thQ remainder of the land. Uses permitted on the two single-family residence sites, in addition to single-family residences, include field crops, horticulture, fruit and nut production, forestry, and non- commercial poultry, horses and cart1& used solely by the residents. Should the present or subsequent owners of the single-family residential tracts wish to subdivide or develop the tracts for uses other than those set forth above, ta£1ed development plans shall be submitted to the County accord with the provision set forth in Section 11.31 of the Collier County Zoning Ordinance, entitled C~NGES IN THE DEVELOPMENT PLAN, as amended. · he 10o69 acre site, shown as Parcel 9 on ~b~2 "a". representing 4.~% of the gross pro,act area, is & separato entity from '..he land.Included'An the c~ub, go~£ course, and apartment sites, This site is owned by the ~,~. Frank family, and is not included in the land area leased to the project developers. Specific developmen~ plans for Parcel 9 have not yet been settled upon. It is intended that Parcel 9 be utilized for a use oF uses which will be fully compatible with the remainder of the project development. It is hereby committed that prior to development of Parcel 9, detailed development plans shall be submitted to the County in accord with the provisions set forth in Section ll.31 of the Collie~ County Zoning Ordinance, entitled CHANGES IN THE DEVELOPMEN~ PLAN, as amended.. At the time of this future Parcel 9 site plan submission, a new public hearing shall be held, at which time the site plan will be reviewed as to drainage, road access, parking, setback, overall sign plan, landscaping, and such other items determined to be appropriate. VI.THE GOLF CLUB A. Facilities~ The initial golf clubhouse development will consist of a 2-story structure ~ontaining approximately 10,000 square feet of floor area. At the ground level a pro shop and cart storage facility will be developed, while the second floor will house shower and locker room for men and women, and a club grill and lounge area. 'At such time aa a majority of the apartments are developed occupied, and the club members have assumed management of the club, said members will determine whether and to what extent clubhouse area and facilities expansion shall occur. B. Me~%bershtp~ Since the golf course will be in play well before a high percentage of the planne4 apartment units are built, it is contemplated that, ~nitl&lly, short term club memberships will be sold. These memberships will be for & term of one year, renewable at the option of the development organizationz As apartment units are constructed and their buyers will purchase permanent club membership, and a like number of term memberships will be permitte4 to expire, insuring that total club membership, at all times is' l~m~te~ to a maximum of 339 families. It is the developme,'t~0rg&ni riCh's objective to limit permanent club membership to apartment owners. It is possible however, that ciroumstancel ''~ will result in e low ~partment owners who do not wish ~o be club members, and in this event club memberships may be sold to persons other than project residents, so long as club membership does not exceed 339, ~ C. Parkings Offstreet parking needs at the golf club will CD be greatest after the course has been developed and before -~ apartment units have been constructed, since at ~hat ~' many time there will be a high proportion of non resident term ~ memberships, with all golfers holding such memberships arriving'at the club by automobile. As time passes and the proportion of project resident/club members rises, club members will increasingly travel to the golf club from their apartment by golf cart, resulting in a decline in offstreet parking space needs. At the time of initial club development, 100 permanent offstreet parking spaces will be constructed at the club. Additionally, grassed offetreet parking areas on the extensive clubs grounds will be provided as required to insure an adequacy of parking spaces completely off of the project roadways. After the overall project is completed, should there be evidence that permanent parking spaces in addition to the initial 100 are needed, the additional amount needed will be constructed. VII OPEN SPACE AND RECREATION AREAS A. Descriptions Open spaces and recreation areas include the followings the centrally located club facility which will offer varied indoor, and outdoor recreation activities and whose site will accommodate the addition of recreation facilities 'from time to time as determined by club members; the 18-hole golf course; the grounds immediately around the multi-family structures, wherein pools and other appropriate residential recreation facilities will be established; the extensive man made water bodies which lie partially in and partially out of the golf course~ and the preserved natural wooded area. The open spaces and recreation areas ere hereby identified. on the development plan marked Exhibit 'A'~ 4 B. OwnershlpI The open spaces and recreation areas ara to bo commonly owned (ac'tually leased for 99 years). c. Maintenances The common areas'will initially be managed and maintained by the development organizatton~ with manage- ment and maintenance responsibility shifting to a club member/ apartment owner organization when ?5% to 80t of the 339 dwelling units, have been developed and are occupied. Con- dominium apartment Article of Incorporation and By-Laws, and Club By-Laws, to be established in advance of any apartment sales, will require payment of monthly dues and fees which will fund all management and maintenance activities within the project. A maintenance and storage area has been designated adjacent Frank Road Just north of the north boundary of Parcel 9. Equipment sheds~ open storage, equipment maintenance and tho like, will take place at this £acilityo The entire facility will be surrounded with a 10 foot high chainlink fence which will be shrub covered so as to provide a complete visual screen around the maintenance facility. Two gated openings into the facility will be developed; one permitting vehicular entry from Frank Road, the second permitting access onto the golf course. D. Open Space Per Dwelling Unit: Deleting Parcel 9 from the total acreage leaves 207.949 acres. Approximately l0 acres will be covered by building or paved for drives and parking. Thus, the amount of golf course, other recreation areas, lakes, landscaped grounds~ and natural wooded areas per dwelling unit is 26,720 square feet. 'VIII DEVELOPMENT PHASING Phase I will include the complete golf course and lake system, the club house, and the two apartment Structures in Parcel 3. Subsequent apartment development timing will be dictated by market response, with apartment development sequence occurring in the various parcels as followss Parcel 3, 7, 2, 4~ 5, and 8. IX CONSTRUCTION PLAN APPROVAL All detailed development plans, including but not limited to site preparation plans, building construction plans, landscaping plans and utilities installation plans, shall be submitted to and aPproVed by the County Planning Director prior to initietio, of any site preparatio~ or construction activity. The planning Director shall review the detailed plans and insure that they fully comply with the approved over-all development plan. X UTILITIES The project will be served by approve~ central water and sewer utilities, and by underground ele~tric, tele- phone, and television service. Easements for these under- ground installations will follow the road system in the development plan, as required by the various utility companies. XI WATER MANAGEMENT The basic water management strategy involves development of a system of Xakes into which surface water runoff will be directed. The lakes will interlock with each other and each will have a controlled outlet structure. The lower lakes, when overtopped, will spil! into the natural lowlands in the foreoted drainage basin bottom area. The lake system is so design'ed that less'surface waters will run off the property after development than is now the case. Three of the golf holes,-lying in the lower portion of the property, are to be slightly raised so as to be playable most of the time, but these h01es will flood during heavy rains and will thus be out of play while they are functioning as part of the surface water storage area. Waters moving from higher elevation to lower elevation lakes will pass through pipes or shallow wet weather swales in the higher portions of the property, and will meander as sheet flow through natural, undisturbed wooded areas in the 1owe= portions of the property. For those building sites wherein natural ground elevations are not higher than the design flood elevation, the building site and adJo~ing ~=ive.&nd pa=king areas will.be raised, utilizing fill material from the system of prope~ · ?'~/'~ "~ ~ ~:~: ~'""~:'~'"~'~'~'~;'~'~ ~' "~>'":''' ....... '~' ...... ~' "[ g'~"~'~'~'~,'~ Detailed water management plans have been eubmitted to ~he County staff, County Water Management Board~ and the County Environmental Advisory Council. The Water Management ~oard voted its approval of the water management plan on January 11~ 1973. The Environmental Advisory Board voted its approval on December 22, 1972. The water management plan is shown on Exhibit "D". As requested by the County Engineer~ a lake monitoring program will be established by or under the direction of the U.S. Geological Survey, with the data and conclusions produced by the monitoring program to be furnished to the County Engineer..The pro,ett sponsors will underwrite the cost of this lake monitoring program and, should program results determine the necessity to modify the'size of a lake or lakes or to undertake other specific water management activities, such lake modifications and/or water management actions will be accomplished as a project expense. SECTION TWO This Ordinance shall take effect upon receipt of notice that it has been filed with the Secretary of State. DATEDI April 13. 1976 BOARD OF COUNTY COMMISSIONERS · - .. COLLI~COUNTY~ FLORIDA .,?,'... ~). . ,...,.. . 'ht~.,"'.G~~. SCOT~_C~ ~-~.~. "RUSS" Wlme~, Chairman .,-,~ .. ~ ./,/~.. '.' ~ov~ ~ ,o~ ~ ~~ · ". "'".. .....~. ~'. ~nald ~-. Pickworth '' "' ' County Attorney