Ordinance 2000-074 ORDINANCE N0. 2000- 74
~i~/a~,~/AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE
~ COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED
8520S BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM PUD, RMF-12 ST
(3) AND RMF-6 ST (3) TO PUD PLANNED UNIT DEVELOPMENT
KNOWN AS THE DUNES, FOR PROPERTY LOCATED ON THE
NORTHWEST CORNER OF BLUEBILL AVENUE (C.R. 846) AND
VANDERBILT DRIVE (C.R. 901), IN SECTION 20, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 188.55+ ACRES; PROVIDING FOR THE REPEAL
OF ORDINANCE NUMBER 98-24, FORMERLY THE DUNES PUD;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Karen K. Bishop of PMS, Inc. of Naples, representing Vanderbfit.Partners II,~d.,
petitioned the Board of County Commissioners to change the zoning classification,of'~fie her~in
described real property;
NOW THEREFORE BE IT ORDAINED BY THE BOARD c~,~ cGOUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
SECTION ONE:
The Zoning Classification of the herein described real property located in Section 20, Township
48 South, Range 25 East, Collier County, Florida, is changed from PUD, RMF-12 ST (3) and RMF-6
ST (3) to PUD Planned Unit Development all in accordance with the PUD Document, attached hereto
as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning
Atlas Map numbered 8520S, as described in Ordinance Number 91-102, the Collier County Land
Development Code, is hereby amended accordingly.
SECTION TWO:
Ordinance Number 98-24, known as The Dunes PUD, adopted on March 24, 1998, by the
Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this /~/'/1~ day of '~, ~,~.~.~,,,~ ,2000.
ATTEST,,;
,.,D~GHT."~'g?ttROCK, Clerk
,,,' :, .'.,.:.:-~
'~.' L~gat Su,ffi~ency
Marjorie S. Student'
Assistant County Attorney
g:/admin/PUD-97-18(1 )/RN/im
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:JAMES D. C TER, Ph.D., CHAIRMAN
This ordinonce fi!~'d with the
Secretary of Stote's Office the
o~4~d oy o f ~)~-~r~-~,
and acknowledgement ~that
filing received thism~-,~C~ day
2
THE DUNES
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING THE DUNES, A PLANNED
UNIT DEVELOPMENT, PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
VANDERBILT PARTNERS II, LTD.
PREPARED BY:
PMS, INC. OF NAPLES
2335 TAMIAMI TRAIL NORTH
SUITE 408
NAPLES, FLORIDA 34103
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC ~
ORDINANCE NUMBER ~a~.-~/
AMENDMENTS AND REPEAL ~
DOCUMENT DATE 10/30/00
Exhibit A
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
~ECTION 1
PROPERTY OWNERSHIP, LEGAL AND
GENERAL DESCRIPTION
SECTION 2
PROJECT DEVELOPMENT
SECTION 3
RESIDENTIAL DEVELOPMENT AREAS
SECTION 4
PRESERVE DISTRICT
SECTION 5
GENERAL DEVELOPMENT COMMITMENTS
PAGE
iii
iv
1-1 through 1-2
2-1 through 2-5
3-1 through 3-3
4-1 through 4-2
5-1 through 5-6
ii
LIST OF EXHIBITS
EXHIBIT #A PUD Master Plan
iii
STATEMENT OF COMPLIANCE
The development of approximately 188.55+/- acres of property in Collier County as a Planned Unit
Development to be known as the Dunes will be in compliance with the goals, objectives, and policies of
Collier County as set forth in the Growth Management Plan. The Dunes is to be a multi-family
residential and associated recreational use project that will be consistent with applicable elements of the
Collier Growth Management Plan for the following reasons:
Traffic ways, utilities, and other public facilities necessary to serve the Dunes project are
adequate. The Dunes will participate in the expansion of existing public facilities to the extent of
its impact on those facilities via payment of impact fees.
The Dunes project will be compatible with and complimentary to existing and planned land uses
in the vicinity. Project lands lie in a transition area which includes low-rise residential
development and high-rise multi-family development.
The property was down-zoned during the Zoning Re-evaluation Process which resulted in an
action establishing RMF 6 and RMF 12 (6) zoning districts essentially establishing a density of
six (6) dwelling units per acre for mixed residential land uses. The property contains a gross
acreage of 188.55 +/- acres and based on a density of six (6) dwelling units per gross acre, the
PUD provides for five hundred and thirty one (531) dwelling units. The additional 100 acres is
zoned RMF 6 and RMF 12 ST at 3 units per acre for a total of 300 units. The PUD proposes a
total of 640 units on 188.55 +/- acres for a gross density of 3.39 dwellings per acre. This action
makes the land use and density consistent with the Future Land Use Element of the Growth
Management Plan.
Development commitments contained within this PUD will ensure that development of the
subject property will proceed in a manner consistent with applicable elements of the Growth
Management Plan.
SHORT TITLE
This ordinance shall be known and cited as the "THE DUNES PLANNED UNIT DEVELOPMENT
ORDINANCE".
iv
1.1
1.2
SECTION I
PROPERTY OWNERSHIP, LEGAL AND GENERAL DESCRIPTION
PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of THE DUNES.
LEGAL DESCRIPTION
All of Wiggins Pass Landings Unit No. 1 Addition, according to the plat therof recorded in plat
book 10, at page 81 of the Public Records of Collier County Florida, and all of Wiggins Pass
Landings Unit No. 1, according to the plat thereof recorded in plat book 10, at page 44 of the
Public Records of Collier County, Florida, being more particularly described as follows:
Beginning at the southeast corner of lot 4 of said Wiggins Pass Landings Unit No. I Addition;
thence N.89°52'20"W. along the southerly line of said lot 4, a distance of 599.96 feet to the
southwest comer of said lot 4, the same being the southeast comer of lot 10, block 1 of said
wiggins pass landings unit no. 1: thence N.89°52'20"W. along the southerly line of said wiggins
pass landings unit no. 1, a distance of 1400.65 feet to the southwest comer of said Wiggins Pass
Landings Unit No. 1; thence N.00°l 4'00"W. along the westerly line of said Wiggins Pass
Landings Unit No. 1, a distance of 1608.90 feet; thence N.34°26' 15"E. along said westerly line, a
distance of 439.48 feet to a point on the northerly line of said Wiggins Pass Landings Unit No. 1;
thence N.87°48'00"E. along said northerly line, a distance of 1 48 1.48 feet to the northeast comer
of lot 3, block 3 of said Wiggins Pass Landings Unit No. 1; thence S.02°12'00"E. a distance of
163.77 feet to the northwest comer of lot 1, block 3 of said Wiggins Pass Landings Unit No. 1;
thence N.87°48'00"E. a distance of 200.00 feet to the northeast comer of said lot 1; thence
S.02°12'00"E. along the easterly line of said Wiggins Pass Landings Unit No.1, a distance of
668.16 feet to the southeast comer of lot 1, block 1 of said Wiggins Pass Landings Unit No. 1, the
same being the northeast comer of lot 1 of said Wiggins Pass Landings Unit No. '1 Addition;
thence S.02°12'00"E. along the easterly line of said Wiggins Pass Landings Unit No. I Addition,
a distance of 1209.93 feet to the point of beginning, parcel contains 88.56 acres, more or less.
A portion of land located in the east I/2 of section 20, township 48 south, range 25 east Collier
County, Florida being more particularly described as follows:
Commencing at the southeast comer of the southeast 1/4 of said section 20, thence
N.02°12'00"W, along the easterly line of said southeast 1/4, a distance of 1970.20 feet thence
S.87°48'00"W, a distance of 50.00 feet to a point on the westerly right-of-way line of Vanderbilt
Drive, a 100.00 foot right-of-way and the northeast comer of lot 1, block 3, Wiggins Pass
Landings, unit no. 1, according to the plat thereof recorded in plat book 10 at page 44 of the
Public Records of Collier County, Florida, the same being the point of beginning of the parcel of
land herein described; thence S.87°48'00"W., a distance of 200.00 feet to the northwest comer of
said lot 1; thence N.02°I2'00"W., a distance of 163.77 feet to the northeast comer of lot 3, block
3, of said Wiggins Pass Landings, unit no. 1; thence S87°48'00"W, along the northerly
1-1
1.3
1.4
1.5
line of said Wiggins Pass Landings, unit no. 1, a distance of 1481.48 feet; thence S.34°26'15"W.,
along the northwesterly line of said Wiggins Pass Landings, unit no. 1, a distance of 439.48 feet
to the northeasterly corner of Tract B, Baker-Carroll Point, according to the plat thereof recorded
in plat book 8, at page 42, of the Public Records of Collier County, Florida; thence
N.54°47'52"W, along the northerly line of said Baker-Carroll Point, a distance
of 399.32 feet to an intersection with an agreed boundary line as recorded in official records
book 68, at pages 235 through 250, of the Public Records of Collier County, Florida; thence
N.79°17' 10"E., along said agreed boundary line, a distance of 69.60 feet; thence N.02°58'30"W.,
along said agreed boundary line, a distance of 1417.66 feet; thence N.27°15'20"W., along said
agreed boundary line, a distance of 616.67 feet; thence N.87°48'00"E., a distance of 2472.71 feet
to a point on the westerly right-of way line of said Vanderbilt Drive; thence S.02°12'25"E., along
said westerly line, a distance of 1373.11 feet; thence S.02°12'00"E., along said westerly line, a
distance of 667.03 feet to the point of beginning, parcel contains 100.00 acres, more or less.
PROPERTY OWNERSHIP
Vanderbilt Partners II, LTD., a Florida Limited Partnership
GENERAL DESCRIPTION OF PROPERTY AREA
The project site is located in the northwest quadrant of the intersection of Bluebill Avenue
and Vanderbilt Drive, and is bounded on the West by the Baker-Carroll Point Subdivision as
recorded in Plat Book 8 Page 42, of the Public Records of Collier County, Florida. The
property is bounded on the North by jurisdictional wetlands, on the East by Vanderbilt Drive,
and on the South by Bluebill Avenue.
PHYSICAL DESCRIPTION
The Project extends east from Baker-Carroll Point on the West and includes part of the manmade
waterway on the West, to mangrove forests, to a beach dune vegetated with scubby Pine
flatwoods. Natural drainage of the upland portion of the property is westerly and northerly into
wetlands which border tidal waters. Water management facilities for the project will be of the
constructed water storage type, either lake or created wetland marsh type, or a combination of the
two. Storm waters which exit the storage areas will do so via one or more control structures
which are authorized as a part of the water management permits issued by Collier County and the
South Florida Water Management District. Topography within the project is varied, ranging
from sea level to 12+ feet above sea level. The entirety of the site, except for the mangrove
fringe along the West boundary of the property, lies within Flood Zone AE (11 foot elevation)
according to FIRM Panel 0189E. Soil types within the project include Basinger Fine Sand,
Durbin and Wulfert Mucks, and Urban Land Satellite Complex.
The Dunes project will be a multi-family residential and recreational facilities community which
will be developed with a maximum of 640 dwelling units. The buildings will range from a
height of one hundred and twenty-five (125) feet to one hundred and fifty (150) feet above the
mean flood elevation established by law as iljustrated on the Master Plan.
1-2
SECTION II
PROJECT DEVELOPMENT
2.1
2.2
2.3
PURPOSE
The purpose of this Section is to generally describe the project plan of development, relationships to
applicable County ordinances, the respective land uses of the tracts included in the project, as well as
other project relationships.
GENERAL
Development of the Dunes shall be in accordance with the content of this Planned Unit
Development document and applicable sections of the Collier County Land Development Code
and Growth Management Plan in effect at the time of issuance of any development order, such as
but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and
Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to
provide developmental standards, then the provisions of the most similar district in the County
Land Development Code (LDC) shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in
the Collier County Land Development Code in effect at the time of building permit application.
All conditions imposed and all graphic material presented depicting restfictions for the
development of the Dunes shall become part of the regulations which govern the manner in which
the PUD site may be developed.
Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable,
remain in full force and effect with respect to the development of the land which comprises this
PUD.
Development permitted hereby will be subject to concurrency review under the provisions of
Division 3.15, Adequate Public Facilities, of the LDC.
DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project Master Plan, including layout of streets and use of land for the various parcels, is
iljustrated graphically by Exhibit "A", the PUD Master Development Plan. The nature and extent
of land uses within the Project is indicated by the following table:
2-1
MAXIMUM LAND USE INTENSITY SUMMARY
USE MAX. D.U.'s ACRES
Residential 640 47.00+/-
Preserve/Open Space N/A 141.55 +/-
2.4
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Ae
Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final
plans for all required improvements shall receive approval of the appropriate Collier County
governmental agencies to insure compliance with the PUD Master Plan, the Collier County Land
Development Code, and the platting laws of the State of Florida, if applicable.
Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent
to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be
submitted for the entire area covered by the PUD Master Plan or alternatively for portions or
phases thereof as is developed. Any division of land and the development of the land shall be in
compliance with Division 3.2 of the Collier County Land Development Code and the platting
laws of the State of Florida.
The provisions of Division 3.3 of the Collier County Land Development Code, when applicable,
shall apply to the development of all platted tracts or parcels of land as provided in said Division
in effect prior to the issuance of a building permit or other development order.
The Developer of any tract or parcel approved for residential development contemplating fee
simple ownership of land for each dwelling unit shall be required to submit and receive approval
of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the
Collier County Land Development Code prior to the submittal of construction plans and a Final
Subdivision Plat for any such portion of the tract or parcel.
Utility, road, public and private easements shall be established as required during the site
development plan and/or plat approval process.
Appropriate instruments will be provided at the time of infrastructure improvements regarding
dedications and the method for providing perpetual maintenance of the common facilities.
2.5
MODEL HOMES/SALES OFFICES
Model home, sales centers and other uses and structures related to the promotion and sale of real estate
such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall
be permitted principal uses throughout the Dunes Community subject to the requirements of Section
2.6.33.4 of the Collier County Land Development Code.
2-2
2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
2.7
2.8
Amendments may be made to this PUD Ordinance as provided in the Collier County Land Development
Code, Section 2.7.3.5.
ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Common area maintenance will be provided by a Master Property Owners' Association to be created by
the Developer. The property owners' association shall be responsible for the operation, maintenance, and
management of the surface water and stormwater management systems, and preserves serving the Dunes
community, in accordance with the provisions of this PUD, together with any applicable permits from
the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida
Water Management District.
LANDSCAPE BUFFERS, BERM, FENCES AND WALLS
Landscape buffers, berms, fences, and walls are generally permitted as a principal use throughout the
Dunes Community. The following standards can be altered at the time of site plan approval by the
Development Service Director:
A. Landscape berms shall have the following maximum side slopes:
2.
3.
4.
Grassed berms: 4:1
Ground covered berms: 3:1
Rip-Rap berms: 1:1
Structural walled berms: vertical
Fence or wall maximum height: Six feet (6'), as measured from the finished grade of the ground
at the base of the fence or wall. For the purpose of this provision, finished grad, shall be
considered to be no greater than eighteen inches (18") above the highest crown elevation of the
nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In
these cases the wall shall not exceed six feet (6') in height as measured from the top of berm
elevation for berm elevations with an average side slope of 4:1 or less, and shall not exceed four
feet (4') in height from the top of berm elevation for berms with an average side slope of greater
than 4:1 (i.e. 3:1).
Co
Landscape buffers, benns, fences and walls may be constructed along the perimeter of the Dunes
PUD boundary prior to subdivision plat or site development plan submittal. All such areas must
be included in a landscape buffer easement on final plats, or in a separate recorded instrument.
2-3
The South 25 feet of the property will be available for use by the owners of the Dunes Project
and by Collier County under the conditions herein set forth. The area shall serve as a landscape
buffer for the Dunes that will incorporate landscaping to buffer the Project from the adjoining
right-of-way. It may also incorporate a wall or fence meeting County requirements. The area
shall also be available for use by Collier County to incorporate a sidewalk, benches, storm
sewers and vehicle tumarounds to be used in conjunction with a planned county park and
parking area. This area will be established as such in any plat of the property and a
non-exclusive easement shall be provided to Collier County that will restrict and limit public
use in conjunction with the proposed park and parking area as and when developed.
The Developer shall construct the landscaping and sidewalks within the area. Such
improvements are site related and are not eligible for impact fee credits. All other
improvements related to the proposed park and parking will be constructed by Collier County but
may be constructed by the Developer at its election, and at its expense, and subject to approval
from the County Parks Director. If the Developer elects to and does construct such other
referenced improvements they will be eligible for county park impact fee credit. All setbacks
will be measured from the south property line and the foregoing area will be included in the
setback.
The East 35 feet of the property will be available for use by the owners of the Dunes Project and
by Collier County under the conditions herein set forth. The area shall serve as a landscape
buffer for the Dunes that will incorporate landscaping to buffer the Project from the adjoining
right-of-way. It may also incorporate a wall or fence meeting County requirements. The area
shall also be available for use by Collier County to incorporate a sidewalk and landscaping. This
area will be established as such on any plat of the property and a non-exclusive easement shall be
provided to Collier County over said sidewalk. The Developer shall construct landscaping and
sidewalks within the area. Such improvements are site-related and are not eligible for impact fee
credits. All other improvements related to the proposed Vanderbilt Drive improvements will be
constructed by Collier County but may be constructed by the Developer at its election, and at its
expense, and subject to approval. If the Developer elects to and does construct such other
referenced improvements they will be eligible for transportation impact fee credit. All setbacks
will be measured from the east property line and the foregoing area will be included in the
setback.
2.9 DESIGN GUIDELINES AND STANDARDS
The establishment of a Planned Unit Development is intended to encourage ingenuity, innovation and
imagination in the planning, design and development or redevelopment of relatively large tracts of land
under unified ownership or control, as set forth in the Collier County Land Development Code, Section
2.2.20.1.
The Dunes community is planned as a private, functionally interrelated community under unified
control, to be developed over an extended time period. The Developer will establish community-wide
design guidelines and standards to ensure a high and consistent level of quality for community features
and facilities, which include items such as landscaping, hardscape, waterscapes, signage, lighting,
pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms
and other similar facilities.
The Developer will achieve the above objectives by means of recorded covenants, conditions, and
restrictions.
2-4
2.10 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Dunes PUD except in the
Preserve District. General permitted uses are those uses which generally serve the Developer and
residents of the Dunes community and are typically part of the common infrastructure or are considered
community facilities.
A. General Permitted Uses:
Essential services as set forth under the Collier County Land Development Code, Section
2.6.9.1.
2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Neighborhood parks, recreational facilities and community centers.
Temporary construction, sales, and administrative offices for the Developer and the
Developer's authorized contractors and consultants, including necessary access ways,
parking areas and related uses.
Landscape features including, but not limited to, landscape buffers, benns, fences and
walls subject to the standards set forth in Section 2.4 of this PUD.
Any other use which is comparable in nature with the foregoing uses and which the
Development Services Director determines to be compatible.
Bo
Development Standards:
Unless otherwise set forth in this Document, the following development standards shall apply to
structures constructed under section 2.10 A of this Document.
Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for
guard houses, gatehouses, and access control structures which shall have no required
setback.
2. Setback from property lines - Twenty (20') feet.
3. Minimum distance between structures - Ten feet (10').
4. Minimum floor area - None required.
2-5
5. Minimum lot or parcel area - None required.
Sidewalks, bikepaths, and cartpaths may be placed within County required buffers;
however the width of the required buffer shall be increased proportionately to the width
of the paved surface of the sidewalk, bikepath, or cartpath with approval of the Collier
County Planning Services Department.
Standards for parking, landscaping, signs and other land uses where such standards are
not specified herein, are to be in accordance with the Collier County Land Development
Code in effect at the time of Site Development Plan approval.
2.11 OPEN SPACES REQUIREMENTS
The PUD Master Plan identifies approximately 165 acres included in the Recreation, Landscape/Open
Space, Lakes and Preserve District designations. These areas fully satisfy the open space requirements
of Section 2.6.32. of the Collier County Land Development Code.
2.12 NATIVE VEGETATION RETENTION REQUIREMENTS
Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be
preserved or as otherwise approved with this PUD for a larger area of preservation.
2-6
3.1
3.2
3.3
3.4
SECTION III
RESIDENTIAL DEVELOPMENT AREAS
PURPOSE
The purpose of this Section is to establish land use regulations and development standards for the
residential development areas indicated on Exhibit "A", the PUD Master Plan.
MAXIMUM DWELLING UNITS
The maximum number of dwelling units permitted in the entire PUD is 640. The property contains a
gross acreage of 188.55+/- acres and based on a density of 3.39 dwelling units per gross acre, the PUD
provides for 640 dwelling units. This action makes the land use and density consistent with the Future
Land Use Element of the Growth Management Plan. Distribution of the dwelling units in the residential
areas is not predetermined and may occur as authorized via the Site Development Plan approval process.
GENERAL DESCRIPTION
Areas designated "R" on the Master Plan are designed to accommodate multi-family dwelling types,
accessory recreational facilities, essential services, and other customary accessory uses.
Final tract configuration and actual acreages of all development tracts will be provided at the time of Site
Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and
Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are
designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water
management facilities, and other similar uses found in residential areas.
USES PERMITTED
A. principal Uses
1. Multi-family dwellings including garden apartments.
2. Public parking lot.
B. Accessory_ Uses
1. Uses and structures customarily associated with the permitted principal uses.
2. Boathouses and docks, subject to Sec. 2.6.21. of the Collier County Land Development Code.
3-1
o
Recreational facilities and amenities that serve as an integral part of the residential
development and have been designated, reviewed and approved on a Site Development Plan
or Preliminary Subdivision Plat for that development. Recreational facilities may include,
but are not limited to clubhouse, community center building and tennis facilities, parks,
playgrounds and playfields.
Any other accessory use which is comparable in nature with the foregoing uses and which the
Planning Services Department Director determines to be compatible.
3.5 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for the land uses within the "R" Residential Districts.
Be
Standards for parking, landscaping, signs and other land uses where such standards are not
specified herein are to be in accordance with the Collier County Land Development Code in effect
at the time of Site Development Plan approval. Unless otherwise indicated, required yards,
heights, and floor area standards apply to principal structures.
Development standards for uses not specifically set forth in Table 1 shall be established during the
Site Development Plan approval process as set forth in Division 3.3 of the Land Development
Code in accordance with those standards of the zoning district which is most similar to the
proposed use.
All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise
provided for by this Document, or except as authorized via the Site Development Plan approval process.
3-2
THE DUNES COMMUNITY
DEVELOPMENT STANDARDS FOR
TABLE
DEVELOPMENT MULTI- HIGH-RISE HIGH-RISE
STANDARDS FAMILY MULTI-FAM MULTI-FAM
DWELLINGS I DWELLINGS II D~fELLINGS H
Parcel R-3 Parcel R-2 Parcel R-1
Minimum N/A N/A N/A
Lot Area
Minimum Lot Width N/A N/A N/A
Front Yard 20 0.5 BH 0.5 BH
Front Yard Vanderbilt N/A N/A 125 *2
Drive
Front Yard for
Side Entry Garage 15 N/A N/A
Side Yard 0.5 BH 0.5 BH 0.5 BH
Rear Yard
Principal BH BH BH
Rear Yard
Accessory 15 15 15
Rear Yard '~ 0.5 BH 0.5 BH 0.5 BH
Maximum Not to exceed Not to exceed
Bidg Height 25 125' 12 stories 150' 15 stories
Distance Between
Principal Structures 0.5 SBH 0.5 SBH 125
Floor Area 2000 SF 1800 SF 1800 SF
Min. (S.F.)
BH: Building Height is measured from the Mean Flood Elevation to the highest habitable ceiling height.
$BH:(Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements.
All distances are in feet unless otherwise noted.
* 1 - Rear yards for principal and accessory structures on lots and tracts which abut a lake, non-jurisdictional open space or native vegetation preservation areas may be
zero (0') feet except that when abutting a lake or water body an architectural bank treatment shall be incorporated into the design.
*2 - Garage set back from Vanderbilt Drive shall be a minimum of 50 feet.
Front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line.
B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed).
3-3
SECTION IV
PRESERVE DISTRICT
4.1
4.2
4.3
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas within the
Dunes PUD designated on the Master Plan as Preserve District.
GENERAL DESCRIPTION
Areas designated as Preserve on the Master Plan are designed to accommodate a full range of
conservation and limited water management uses and functions. The primary purpose of the Preserve
District is to retain viable naturally functioning wetland and xeric upland systems, to allow for
restoration and enhancement of impacted or degraded wetland systems, and to provide an open space
amenity for the enjoyment of the Dunes community residents.
PERMITTED USES AND STRUCTURES
No building or structure, or part 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. Passive recreational areas, boardwalks, including recreational shelters and restrooms.
2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands).
Water management facilities, structures and lakes, including lakes with bulkheads or
other architectural treatments.
4. Nature conservancy structure.
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Any other conservation and related open space activity or use which is comparable in
nature with the foregoing uses and which the Development Services Director determines
to be compatible in the Preserve District.
4.4
DEVELOPMENT STANDARDS
All structures shall set back a minimum of five feet (5') from Preserve District boundaries and
roads, except for pathways, boardwalks and water management structures which shall have no
required setback.
Lighting facilities shall be arranged in a manner which will protect roadways and residential '
properties from direct glare or unreasonable interference.
Maximum height of structures - Twenty five feet (25').
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D. Minimum distance between principal structures - Ten feet (10').
E. Minimum distance between accessory structures - Five feet (5').
F. Minimum floor area - None required.
G. Minimum lot or parcel area - None required.
Standards for parking, landscaping, signs and other !and uses where such standards are not
specified herein are to be in accordance with Collier County Land Development Code in effect at
the time of Site Development Plan Approval. Unless otherwise indicated, required yards,
heights, and floor area standards apply to principal structures.
4.5 PRESERVE AREA CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by Collier County Land Development Code,
Section 3.2.8.4.7.3. for lands included in the Preserve District. In addition to Collier County, a
non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction
over Preserve District lands. In addition to complying with the provisions of the Collier County Land
Development Code, said easement shall be provided in accordance with the terms set forth in any
applicable permit granted by other agencies. The Master Property Owners' Association shall be
responsible for control and maintenance of lands within the Preserve District.
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5.1
5.2
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
PURPOSE
The purpose of this Section is to set forth the development commitments for the development of the
Project.
GENERAL
All facilities shall be constructed in strict accordance with this PUD document, Final Site Development
Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulations applicable
to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the
Land Development Code, Division 3.2 shall apply to this Project even if the land within the PUD is not
to be platted. The Developer, its successor and assigns, shall be responsible for the commitments
outlined in this document.
5.3
PUD MASTERPLAN
Exhibit "A", the PUD Master Plan, iljustrates the proposed development and is conceptual in
nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be
construed to be specific and may be modified during the platting or site development plan
approval process. Subject to the provisions of Section 2.7.3.5. of the Land Development Code,
PUD amendments may be made from time to time.
Be
All necessary easements, dedications, or other instruments shall be granted to insure the continued
operation and maintenance of all service utilities and all common areas in the Project.
C. The following shall be considered minor changes and refinements:
Reconfigumtion of preserve areas, jurisdictional wetland limits, and mitigation features as
a result of regulatory agency review.
Reconfiguration of lakes, ponds, canals, or other water management facilities where such
changes are consistent with the criteria of the South Florida Water Management District
and Collier County and where there is no further encroachment into preserve areas.
3. Internal realignment of rights-of-way other than a relocation of access points to the PUD.
4. Reconfiguration of residential parcels when there is no encroachment into preserve areas.
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5.4
5.5
5.6
SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
Initiation of construction on the Dunes project began in calendar year 1999.
Marketing of residential sites began in calendar year 1998. Construction is expected to be
concluded by not later than calendar year 2009.
Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6.
of the Collier County Land Development Code.
POLLING PLACES
Pursuant to Section 2.6.30. at the Land Development Code, provision shall be made for the future use of
space within a common building for the purpose of accommodating the function of an electoral polling
place.
An agreement shall be recorded in the Official Records of the Clerk of the Circuit Court of Collier
County, which shall be binding upon the Developer and its successors in interest that acquire ownership
of such common areas including, but not limited to, condominium associations or homeowner
associations, for community recreation/public buildings/public rooms or similar common facilities to
accomodate an electoral polling place. Said agreement shall provide that such common facilites shall be
used for a polling place if determined to be necessary by the Supervisor of Elections.
SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS
Private streets shall conform with the fight-of-way width requirements of Subsection
3.2.8.4.16.5. of the LDC except as follows:
Cul-de-sac and local streets less than one thousand feet (1,000') in length are required to
have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel
lanes as required by Subsection 3.2.8.4.16.5 of the LDC.
All other cul-de-sacs are required to have a minimum forty foot (40') fight-of-way width
and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the
LDC.
All other local streets are required to have a minimum forty foot (40') fight-of-way and
two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the LDC.
Cul-de-sacs may exceed a length of fifteen hundred feet (1500') as required by
Subsection 3.2.8.4.16.6 of the LDC.
Tangents between reverse curves shall not be required, Subsection 3.2.8.4.16.10 of the
LDC.
Street grades may exceed the four percent (4%) requirement of Subsection 3.2.8.4.16.14.
of the LDC provided that applicable Florida Department of Transportation, Manual of
Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met.
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5.7 TRANSPORTATION
The development of this PUD Master Plan shall be subject to and governed by the following conditions:
Work within the Collier County right-of-way shall meet the requirements of the Collier County
Right-Of-Way Ordinance No. 93-64.
Be
Both northbound and southbound turn lanes shall be required on Vanderbilt Drive. These turn
lanes shall be in place and available for all phases of the Project including initial construction,
sales center operation and residential and associated uses.
Co
Both eastbound and westbound turn lanes may be ultimately required for the proposed secondary
entrance from Bluebill Avenue. Turn lanes shall be constructed in accordance with Collier
County Right-of-Way Ordinance Number 93-64. A driveway connection with a 50 foot radius
shall be sufficient for serving the sales facility prior to the issuance of turn lane warrants. The
completion of the access on Bluebill Avenue shall be coordinated with the completion of the
proposed County park. The Bluebill Avenue access may be developed as a shared joint access
with the County park. The Bluebill Avenue access shall be a secondary access for the Dunes
development and may be eliminated at the Developer's request subject to approval by the County
Transportation Department. Construction traffic and other truck traffic shall not be permitted
through the Bluebill Avenue access. A sales facility and entrance may be operated by the
Developer using this secondary entrance. Guests, deliveries, and all track traffic shall use the
main access on Vanderbilt Drive. A properly functioning card entry gate is an acceptable means
of establishing the Bluebill Avenue access as a secondary entrance.
The applicant shall be responsible for the installation of street lighting at all Project entrances at
the time of the commencement of construction.
Substantial competent evidence shall be provided by the Developer to the effect that the Project
is designed to provide capacity and treatment for historical roadway runoff. In addition, site
drainage shall not discharge directly in any roadway drainage system.
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All required improvements, excluding right-of-way donations for roadway segments specifically
mentioned in the County's Five-Ten Year Work Plan, shall be considered "site related" as
defined in Ordinance 2000-03, the Collier County Road Impact Fee Ordinance, and shall not be
eligible for credit toward any road impact fees required by that Ordinance. This stipulation
specifically refers to site-related turn lanes mentioned in Paragraphs C and D above.
The Developer shall contribute its fair share contribution toward the cost of traffic signals at any
project entrance or at the intersection of Vanderbilt Drive and 11 lth Street, if and when deemed
wan'anted by the County. Such traffic signals shall be owned, operated and maintained by the
County.
Compensating right-of-way for turn lanes and median areas shall be dedicated by the Developer
to reimburse the County for the use of existing rights-of-way following the requirements
authorized by Section 2.2.20.3.7. of the Collier County Land Development Code. Any such
dedications shall be considered site related and there shall be no road impact fee credit due to the
Developer.
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5.8
5.9
The Developer shall be responsible for the construction of a minimum 5 foot wide (minimum 6
foot wide along back of curb over the existing bridge) concrete sidewalk along the north side of
the Bluebill Avenue frontage and up to and tying into the sidewalk at Delnor Wiggins Park to the
west and Vanderbilt Drive to the east. The construction of the sidewalk shall be coordinated
with the completion of the proposed County park relative to grade and location. Sidewalk
improvements over the bridge may require additional bridge widening to accommodate travel
lanes, bike lanes, curb and gutter, sidewalks and safety barriers. Such improvements are
considered site related and there shall be no road impact fee credit due to the Developer. The
Developer may satisfy this requirement by contributing the necessary funds for the
improvements to Collier County.
WATER MANAGEMENT
The development of this PUD Master Plan shall be subject to and governed by the following conditions:
A copy of the SFWMD Surface Water Permit or Early Work Permit with staff report is required
to be submitted to staff prior to final construction plan approval.
An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of
the LDC and SFWMD rules.
UTILITIES
The development of this PUD Master Plan shall be subject to and governed by the following conditions:
Water distribution, sewage collection and transmission lines to serve the project are to be
designed, constructed, conveyed, and/or owned and maintained in accordance with Collier
County Ordinance No. 97-17, as amended, and other applicable County rules and regulations.
All customers connecting to the water distribution and sewage collection facilities to be
constructed will be customers of the County and will be billed by the County in accordance with
the County's established rates.
The on-site water distribution system serving the Project must be connected to the District's
water main and must be consistent with the main sizing requirements specified in the County's
Water Master Plan and extended throughout the Project. During design of these facilities, the
following features shall be incorporated into the distribution system:
1. Dead-end mains shall include dead-end flushing hydrants.
Stubs for future system interconnection with adjacent properties shall be provided to the
property lines of the project at locations to be mutually agreed to by the County and the
Developer during the design phase of the Project.
The utility construction documents for the Project's sewerage system shall indicate that all
sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump
station. Due to the design and configuration of the master pump station, flow by gravity into the
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station will not be possible. The Developer's engineer shall meet with the County staff prior to
commencing preparation of construction drawings so that all aspects of the sewerage system
design can be coordinated with the County's Sewer Master Plan.
The existing off-site water facilities of the District must be evaluated for hydraulic capacity to
serve this Project and reinforced as required, if necessary, consistent with the County's Water
Master Plan to insure that the District's water system can hydraulically provide a sufficient
quantity of water to meet the anticipated demands of the Project and the District's existing
committed capacity.
The existing off-site sewage transmission facilities of the District must be evaluated for the
hydraulic capacity to serve this Project and improved as required outside the Project's boundary
to provide adequate capacity to transport the additional wastewater generated without adverse
impact to the existing transmission facilities.
5.10
ENVIRONMENTAL
The development of this PUD Master Plan shall be subject to and governed by the following conditions:
Environmental permitting shall be in accordance with the State of Florida Environmental
Resource Permit Rules and be subject to review and approval by Current Planning Review Staff.
Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier
County jurisdictional wetlands.
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All conservation areas shall be designated as conservation/preservation tracts or easements on all
construction plans and shall be recorded on the plat with protective covenants per or similar to
Section 640.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with
Subsection 3.2.8.4.7.3 of the Collier County Land Development Code.
Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida
Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers
shall be incorporated in the conservation areas which shall be platted.
De
An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with
emphasis on the conservation/preservations areas, shall be submitted to Current Planning Review
Staff for review and approval prior to final site plan/construction plan approval.
The Developer shall comply with the guidelines and recommendations of the Florida Fish and
Wildlife Conservation Commission (FFWCC) regarding impacts to protected wildlife species.
Fe
In the event the Project does not require platting, all conservation areas shall be recorded as
conservation/preservation tracts or easements dedicated to an approved entity or to Collier
County with no responsibility for maintenance and subject to the uses and limitations similar to
or as per Section 640.06. of the Florida Statutes.
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5.11
5.12
5.13
5.14
A gopher tortoise survey and relocation / management plan shall be submitted to Current
Planning Staff for review and approval prior to final site plan/construction plan approval. A
copy of the relocation/management plan shall be included on the final site plans/construction
plans.
ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the construction of the
principal structure except that temporary sales buildings, trailers, marketing facilities, contractors'
storage and office facilities and the like, may be erected and utilized during the period of project
development and marketing. Such temporary buildings shall be removed upon completion of the
marketing or construction activity which they are accessory to.
SIGNS
All signs shall comply with Division 2.5 of the Land Development Code in effect at the time of
building permit application.
LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Land
Development Code in effect at the time of building permit application.
PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water management facilities or to
otherwise develop water bodies is hereby permitted..If it is demonstrated that fill activities on those
buildable portions of the project site are such that there is a surplus of earthen material, then its off-site
disposal is also hereby permitted subject to the following conditions:
Excavation activities shall comply with the definition of a "development excavation" pursuant to
Division 3.5 of the Land Development Code whereby off-site removal shall be limited to ten
percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial
excavation permit is received.
2. All other provisions of said Division 3.5 are applicable.
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PUD
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MA ~ TEaR P L A N - ~XHIB! T A
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2000 74
Which was adopted by the Board of County Commissior~e~s
the 14th day of November, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida, this 20th day
of November, 2000.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to
County Commissioner.~
By: Ellie Hoffman,
Deputy Clerk