Ordinance 2001-053ORDINANCE NO. 01- 5 3
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 NUMBER 8627S; BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL AND
"PUD" PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS INDIGO LAKES PUD HAVING THE EFFECT
OF AMENDING THE PUD DOCUMENT FOR THE PURPOSES OF
INCREASING THE PROJECT ACREAGE FROM 140.85+/- ACRES TO
181.37+/- ACRES THUS CHANGING THE DENSITY FROM 3.14 UNITS
PER ACRE TO 2.43 UNITS PER ACRE, AND LOCATED ON COLLIER
BOULEVARD (C.R. 951) SOUTH OF THE EXISTING OAK RIDGE
MIDDLE SCHOOL IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 181.37 ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-71,THE
FORMER INDIGO LAKES PUD; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Karen Bishop of PMS, Inc. of Naples, representing Kenco Development, Inc., petitioned the
Board of County Commissioners to change the zoning classification of the herein described real property.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County,
Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 27, Township 48 South,
Range 26 East, Collier County, Florida, is changed from "A"and "PUD to "PUD" Planned Unit Development in
accordance with the Indigo Lakes PUD Document, attached hereto as Exhibit "A" and incorporated by reference
herein. The Official Zoning Atlas Map numbered 8627S, as described in Ordinance Number 91-102, the Collier
County Land Development Code, is hereby amended accordingly, r-'
SECTION TWO:
Ordinance Number 99-71 known as the Indigo Lakes PUD, adopted on October 26, 1999[;iby
throat~i]C°unty
Commissioners of Collier County, is hereby repealed in its entirety.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
Attest to C llrman's
ATTEST[".
and Legal 'S~fi~fiey '
Ma~o~. Smdant
Assistant Coun~ A~omey
SM/cw/Indigo Lakes PUD/PUDZ-2001-AR-432
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: JAMES I~[~ARTER, Ph.D., CHAIRMAN
This ordinance filed with the
Secretory of State's Office the
-/--~day of ~,~.~_~._., ,~,~/
and acknow!edgement af that
filin~g,4ec~eived this ~ day
of-L.~' , ~ .
Depu~, C~r"k "~ ~ '
INDIGO LAKES
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
Prepared For:
Kenco Development, Inc.
8610 Pebblebrooke Drive
Naples, FL 34119
Prepared By:
PMS, inc. of Naples
2335 Tamiami Trail, Suite 408
Naples, Florida 34103
941 / 435-9080
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
DOCUMENT DATE
Exhibit "A"
TABLE OF CONTENTS
PAGE THRU PAGE
TABLE OF CONTENTS
STATEMENT OF COMPLIANCE
ii
111
SECTION
I
IH
IV
PROPERTY OWN'ERSH~ & DESCRIPTION 1-1
PROJECT DEVELOPMENT REQUIREMENTS 2-1
LOW TO MED1UM DENSITY
RESIDENTIAL AREAS PLAN 3-1
DEVELOPMENT COMMITMENTS 4-1
1-2
2-7
3-4
4-4
LIST OF EXHIBITS AND TABLES
EXIdlB1T "A" - PUD MASTER PLAN
TABLE I - INDIGO LAKES ESTIMATED LAND USE SUMMARY
TABLE II - SUMMARY OF DEVELOPMENT STANDARDS FOR
ALL RESIDENTIAL
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3-4
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STATEMENT OF COMPLIANCE
The development of approximately 181.37 acres of property in Collier County, as a Planned
Unit Development to be known as Indigo Lakes will be in compliance with the goals, objectives
and policies of Collier County as set forth in the Comprehensive Plan. The residential facilities
of Indigo Lakes will be consistent with applicable comprehensive planning objectives of each of
the elements of the Comprehensive Plan for the following reasons:
The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
The project development will result in an efficient and economical extension of
community facilities and services as required in Policies 3.1.H and L of the Future Land
Use Element.
The project will be served by a complete range of services and utilities as approved by the
County.
The project is compatible with adjacent land uses through the intemal arrangement of
structures, the placement of land use buffers, and the proposed development standards
contained herein.
All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance.
The subject property is within the Urban Residential Land Use Designation as identified
on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the
Future Land Use Element (FLUE) and therefore is eligible for the base density as
provided by the FLUE Density Rating System. The proposed density for the project is
2.43 units per acre which is less than the maximum density provided by the FLUE
Density Rating System contained in the FLUE and therefore is consistent with the Future
Land Use Element Policy 5.1.
Base density for the project is four (4) dwelling units per acre. A portion of the parcel, 47
acres is within the one mile radius density band of the Immokalee/CR 951 Activity Center
and therefore is eligible for an additional (3) units per acre. The project's eligible density
therefore is 47 acres at 7 d.u./acre yielding 329 units and 134.38 acres at 4 d.u./acre
yielding 537 units; the sum project potential is 866 units or 4.77 d.u./acre.
In summary, the subject property has an area of 181.37 acres and is proposed to be
developed with maximum of 442 units. The project site will have a density of 2.43 units
per acre. This density is deemed consistent with the density provided for by the County's
Growth Management Plan.
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1.3
1.4
1.1
1.2
SECTION I
PROPERTY OWNERSHIP AND 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 Indigo Lakes.
LEGAL DESCRIPTION
The subject property being:
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,
COUNTY OF COLLIER, LYING IN SECTIONS 27 AND 34, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, AND BEING FURTHER DESCRIBED AS FOLLOWS:
INDIGO LAKES - UNIT ONE, A SUBDIVISION RECORDED IN PLAT BOOK 34 AT
PAGES 76 THROUGH 84 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND: (HOLLAND PARCEL) THE SOUTH HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
AND: (FORD PARCEL)
THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
INDIGO LAKES CONTAINS 141.13 ACRES, MORE OR LESS.
HOLLAND PARCEL CONTAINS 20.27 ACRES, MORE OR LESS.
FORD PARCEL CONTAINS 20.26 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND
RIGHTS-OF-WAY OF RECORD.
PROPERTY OWNERSHIP
The subject property is under unified control through contracts for purchase agreements.
The purchaser is Kenco Development, Inc., hereafter called "applicant or developer".
GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located within Sections 27 and 34, Township 48 S, Range 26 E,
Collier County. The parcel of approximately 182 acres is located adjacent to and
west of CR 951 and approximately 0.6 of a mile south oflmmokalee Road. The
site is also adjacent to and directly south of Oak Ridge Middle School.
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The zoning classification of the subject property prior to the date of this approved
PUD Document was PUD and A/Agriculture.
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1.5
1.6
1.7
PHYSICAL DESCRIPTION
The subject property is relatively level with elevations from 12.7 NGVD to 13.9 NGVD.
The majority of the property is open agricultural land utilized for crop production and
pasture for grazing cattle. The project's existing vegetation is limited. The vegetated
areas occur near the entrance to the project, just west of Collier Boulevard, and within
Parcels A and B that have been added to the project's south end. The existing vegetation,
within Parcels A and B, typic'ally consist of historic pine and cypress forested areas that
have been heavily invaded with melaleuca.
The site has the following designation relative to flood -FEMA Flood Area Zone X, Firm
Map Panel 215 of 1125 Community Panel No. 120067 0215 D; Map Revised June 3,
1986.
PROJECT DESCRIPTION
Indigo Lakes is a planned development consisting of a mixture of single family and multi-
family units. Access to the subject parcel will be from the parcel's frontage on CR 951.
SHORT TITLE
This Ordinance shall be known and cited as the "Indigo Lakes Planned Unit Development
Ordinance."
1-2
SECTION II
2.1
2.2
PROJECT DEVELOPMENT REQUIREMENTS
PURPOSE
The purpose of this Section is to delineate and generally describe the project's plata 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
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Regulations for development of Indigo Lakes shall be in accordance with the
contents of this document, PUD-Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development Code and
Comprehensive Plan in effect at the time of issuance of any development order to
which said regulations relate which authorizes the construction of improvements
such as Final Subdivision Plat, Final Site Development Plan, Excavation Permit
and Preliminary Work Authorization. Where the regulations of this PUD
Document fail to provide developmental standards, then the provisions of the
most similar district in the County Land Development Code shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the
time of building permit application.
All conditions imposed and all graphic material presented depicting restrictions
for the development of Indigo Lakes 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 document or associated
exhibits, the provisions of other sections of the Land Development Codes, where
applicable, remain in full force and effect with respect to the development of the
land which comprises this PUD.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities of the Land Development Code at the earliest or next to occur of either
final SDP approval, final plat approval, or building permit issuance applicable to
this development.
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2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
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The project Master Plan, including and use of land for the acreage noted,
illustrated graphically by Exhibit "A", PUD Master Plan.
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INDIGO LAKES
LAND USE SUMMARY
TABLE I
MAXIMUM LAND USE INTENSITY SUMMARY
USE MAX. D.U.'s ACRES
Residential 442
181.37 +/- (gross)
Open Space (~ 60% N/A
(Lakes, Preserves, Landscape Buffers, Open Areas & Recreational Areas)
108.82 +/-
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This acreage includes open space or recreational areas that may be located within
residential acreage.
Table I is a schedule of the intended land uses, with approximate acreage of thc
total project indicated. The arrangement of these land areas is shown on the
Master Plan (Exhibit "A"). Thc Master Development Plan is an illustrative
preliminary development plan. Design criteria and layout that is illustrated on the
Master Development Plan and other exhibits supporting this project shall be
understood to be flexible so that final design may satisfy development objectives
and be consistent with the project's development, as set forth in this document.
Modification to all boundaries may be permitted at the time of Preliminary
Subdivision Plat or Site Development Plan approval, subject to the provisions of
the Collier County Land Development Code or as otherwise permitted by this
PUD document.
In addition to the various areas and specific items shown in Exhibit "A", such
easements as necessary (utility, private, semi-public, etc.) shall be established
within or along the various tracts or acreage as may be necessary.
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2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
2.5
The project shall be developed at a maximum density of 2.43 dwelling units per acre.
RELATED PROJECT PLAN,APPROVAL REQUIREMENTS
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Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of
the PUD, final plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with the
PUD Master Plan, and as applicable, the Collier County Subdivision Code and the
platting laws of the State of Florida.
Exhibit "A", 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. Any division of property 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 prior to the issuance of a building permit or
other development order.
Appropriate instruments will be provided at the time of infi-astructure
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
Except as provided herein, the design and construction of all improvements shall
be subject to compliance with the appropriate provisions of the Collier County
Land Development Code, Division 3.2.
The development 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 the requirements of Division 3.2 of the Collier County Land
Development Code prior to the submittal of construction plans and a final plat for
any portion of the tract or parcel.
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2.6
2.7
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2.8
2.9
MODEL HOMES AND SALES FACILITIES
Model homes, model home centers including a sales center(s) shall be permitted in
conjunction with the promotion of the residential development of said tract subject to the
following:
A. Models may be constructed prior to recording of a plat.
Models may be permitted as "dry models" and must obtain a conditional
certificate of occupancy for model purposes only. Models may not be occupied
until a permanent certificate of occupancy is issued.
Models may not be utilized as "sales offices" without approval by and through the
Site Development Plan process. The SDP process shall not be required for single
family dry models pursuant to this section.
Prior to the recording of any plats, metes and bounds legal descriptions shall be
provided to and accepted by Collier County as sufficient for building permit
issuance. Said metes and bounds legal descriptions must meet proposed plat
configurations and all models constructed pursuant hereto shall conform to
applicable minimum square footage, setbacks and the like as set forth herein. If
platting is required, corrective deeds shall be recorded once the plat is recorded.
Temporary access and utility easements may be provided in lieu of dedicated
rights-of-way for temporary service to model homes.
LANDSCAPE BUFFERS, BERMS, FENCES AND WALI.S
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Indigo Lakes.
The hedge requirement for a perimeter buffer along the Heritage Greens Golf Course
may be waived by the Development Services Director subject to an approved landscape
plan. The landscape plan shall depict landscape enhancements to the existing drainage
canal along Indigo Lakes' western frontage. The hedge requirement for the perimeter
buffer along the existing lake located at the Oak Ridge Middle School to the north and
east may be relocated onto the Oak Ridge Middle School property as approved by the
Collier County Public Schools. The relocated buffering shall create a buffer along the
east side of the existing lake.
DEVELOPMENT SCHEDULE
The applicant estimates completion of improvements to the property should occur by
January 2004.
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code, Section 2.7.3.5.
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2.10 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
2.11
2.12
2.13
2.14
2.15
2.16
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest of all of the subsequent
purchasers of property within said development in which the common interest is located,
that developer entity shall provide appropriate legal instruments for the establishment of a
Property Owners' Association or another appropriate entity whose function shall
include provisions for the perlfietual care and maintenance of all common facilities and
open space subject further to the provisions of the Collier County Land Development
Code, Section 2.2.20.3.8.
OPEN SPACE REQUIREMENTS
A combination of the lakes, landscape buffers and open space shall meet the 60 percent
open space requirement for development as set forth in Section 2.6.32.2 of the Land
Development Code. Open space shall include all pervious green space within
development parcels and lots.
AGRICULTURAL ACTWITIES
The site has previously been and is currently utilized for agricultural purposes.
Agricultural activities, as defined in the Land Development Code, shall continue to be a
permitted use throughout the project until such time as residential development has
commenced.
EASEMENTS FOR UTILrrIES
All necessary easements, dedications, or other instnunents shall be granted to insure the
continued operation and maintenance of all service utilities in compliance with applicable
regulations in effect at the time of development approvals.
COMMON AREA MAINTENANCE
Common area maintenance, including the maintenance of common facilities, open spaces
and water management facilities shall be the responsibility of the Developer, their
successor or assign.
HISTORICAL/ARCHAEOLOGICAL IMPACT
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of
site clearing, excavation or other construction activity, a historic or archaeological artifact
is found, all development within the minimum area necessary to protect the discovery
shall be immediately stopped and the Collier County Code Enforcement Department
contacted.
GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Indigo Lakes
PUD. General permitted uses are those uses which generally serve the Developer and
residents of Indigo Lakes PUD and are typically part of the common infrastructure or are
considered community facilities.
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A. General Permitted Uses:
Essential services as set forth under Collier County Land Development
Code, Section 2.6.9.1.
2. Water management facilities and related structures.
Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Community and recreational facilities, community centers.
Temporary construction, sales, and administrative offices for the
Developer and Developer's authorized contractors and consultants,
including necessary access ways, parking areas and related uses, subject to
the requirements set forth in the Collier County Land Development Code.
Landscape features including but not limited to landscape buffers, berms,
fences and architecturally designed walls.
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Fill storage subject to the standards set forth in the Collier County Land
Development Code.
Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
Development Standards:
Unless otherwise set forth in this document the following development standards
shall apply to structures:
Setback from back of curb or edge of pavement of any road - eighteen feet
(18') except for guard houses, gatehouses, and access control structures
which shall have no required setback.
Sidewalks and bikepaths may occur within required buffers, however the
width of the required buffer shall be increased proportionately to the width
of the paved surface of the sidewalk or bikepath.
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2.18
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2.19
The
A.
LAKE SETBACKS AND EXCAVATIONS
The required setback to external property lines shall be thirty (30') feet if fenced. The
required setback to any properly line, tract line or structure internal to the development or
to any structure shall be zero (0') feet. Lakes may be excavated as development
excavations to a maximum depth of twenty (20') feet.
FILL STORAGE
Fill storage is generally permitted as a principal use throughout the project. Fill material
generated may be temporarily stockpiled within areas designated for residential
development. The following standards shall apply:
Stockpile maximum slope: 3 to 1 (horizontal to vertical)
Stockpile maximum height: Thirty-five (35') feet
Fill storage areas shall be no closer than three hundred (300') feet from any developed
residential properties, except as may otherwise be approved by Collier County
Engineering Review Services pursuant to a submitted grading and filling plan.
Soil erosion control shall be provided in accordance with the Collier County Land
Development Code, Division 3.7.
In order to properly utilize the fill excavated from the proposed lakes, the site may be
filled prior to the issuance of building permits pursuant to Section 3.2.8.3.6.3 of the LDC.
SUBSTITUTIONS TO SUBDIVISION REGULATIONS
following design substitutions shall apply:
LDC Section 3.2.8.3.19: Street name signs shall be approved by the Development
Services Director but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform
Traffic Control Devices. Internal street pavement painting and reflective edging
requirements shall be waived.
B. LDC Section 3.2.8.4.16.5: All internal streets shall be considered local streets and their
right-of-way widths shall be fifty (50') feet except as necessary to accommodate turning
lanes at the Project's main entrance.
C. LDC Section 3.2.8.4.16.6: The 1,000-foot length for cul-de-sac streets shall be waived.
The maximum length of a cul-de-sac street shall be 1,800 feet.
D. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall
be waived.
E. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be waived to
allow the use of a surface course of paver brick or decorative concrete pavement.
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3.1
3.2
3.3
SECTION III
LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN
PURPOSE
The purpose of this Section is to identify specific development standards for the area
designated on Exhibit "A."
MAXIMUM DWELLING UNIT~
There shall be a maximum of 442 residential units developed within the project's
residential tracts.
USES PERMITTED
Residential areas designated on the Master Plan are to accommodate a full range of
residential dwelling units, recreational facilities, essential services, customary accessory
uses, and compatible land uses. Multi-family uses shall not be mixed with single family
uses on the same platted tract. Principal uses shall not be developed between dissimilar
permitted use types, specifically, no multi-family type shall be located between single
family detached family structures.
At the continuous lot line between single family detached and multiple family housing
units or a dissimilar housing type, a landscape buffer (separately or on the tract of the
higher density unit) of at least twenty (20) feet shall be provided. This buffer shall
minimally meet the requirements of the Land Development Code's Type "B" landscape
buffer.
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Single family detached, single family attached, cluster development and
multi-family development.
Duplex and two-family dwellings.
Townhouses and garden apartments/condominiums.
The clustering or grouping of housing structure types identified in this
document may be permitted on parcels of land under unified ownership, or
as may be otherwise provided in Section 2.6.27 of the Collier County Land
Development Code and subject to the provisions of Division 3.3 of the
Collier County Land Development Code.
Open space or preserve area.
Water management facilities and lakes.
Guard houses and entrance gates.
Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
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B. Accessory Uses:
3.4
(2)
(3)
Uses and structures that are accessory and incidental to permitted uses,
including private garages.
Recreational uses and facilities such as clubhouses, swimming pools,
tennis courts and children's playground areas and similar facilities that
serve as an inte~al part of a residential development. Such uses shall be
visually and functionally compatible with the adjacent residences which
have use of such facilities.
Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
DEVELOPMENT STANDARDS (See Table II, for greater specificity)
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GENERAL: All yards and setbacks shall be in relation to the individual parcel
boundaries, except as otherwise provided. Generally whenever the word
"setback" is used relative to a measurement between the buildings and a lot line
and/or perimeter boundary of a parcel of land upon which buildings are to be
constructed it shall have the following application:
FRONT YARD: Front yard setbacks shall be measured as follows:
1)
If the parcel is served by a public or private fight-of-way, setback is
measured from the adjacent fight-of-way line.
2)
If the parcel is served by a non-platted private drive, setback is measured
from the back of curb or edge of pavement.
3)
If the parcel is served by a platted private drive, setback is measured from
the road easement or property line.
4)
Principal buildings shall be set back a distance sufficient to provide for
two back to back parking spaces, one of which may be an enclosed space.
5)
When principal buildings front upon a common parking area, which in
turn fronts upon a public or private right-of-way or non-platted drive, a
minimum distance of ten (10) feet shall separate the principal building and
any related parking facility, and a green belt of ten (10) feet shall separate
said right-of-way, or other non-platted private drive from the common
parking area. This shall not prohibit the attachment of enclosed parking
structures to the principal residential structure, however in such uses a
parking apron of at least fifteen (15) feet shall separate the enclosed
parking space from the edge of curb on a private right-of-way without
sidewalks or twenty (20) feet when a setback includes a sidewalk.
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MAXIMUM HEIGHT
In order to provide a form of a compatibility within the context of existing residential
development within Collier County, the maximum number of stories permitted shall be
three (3) habitable floors for a maximum height of 35 feet.
STREET TREE REQUIREMENT
Street trees shall be provided throughout the development. A street tree plan shall be
submitted for staff review and approval as appropriate. Street trees may be placed within
residential lots and shall be installed prior to or concurrent with the construction of
individual dwelling units or structures in proximity to the roadway or accessway.
D. DEVELOPMENT STANDARDS FOR RECREATIONAL STRUCTURES
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Setbacks for all structures except clubhouse:
1. Front Yard: 15 feet
2. Side Yard: 10 feet
3. Rear Yard: 15 feet
Maximum Height:
35 feet
Minimum Distance
Between Structures
10 feet
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TABLE II
DEVELOPMENT STANDARDS FOR ALL RESIDENTIAL AREAS
Single Family Single Family Duplex Single Family Attached Multi-Family
Detached Zero Lot Line Two Family and Townhouse D~vellings
Standard []
Category 1 2 3 4 5
Minimum Lot Area 7,000 SF 5,000 SF 3,500 SF *2 3,000 SF *2 1 AC
Minimum Lot Width *3 70 50 35 30 150
Front Yard 20 20 *1 20 20 25
Front Yard for Side 10 10 10 10 15
Entry Garage
Side Yard 7.5 *4 0 or 7.5 0 or .5 BH 0.5 BH
Rear Yard Principal 20 20 20 20 BH
Rear Yard Accessory 10 10 10 10 15
Maximum Building 35 35 35 35 35
Height
Distance Between 15 10 0 or 15 .5 SBH .5 SBH
Principal Structures
Floor Area Min. 1200 SF 1200 SF 1200 SF 1200 SF 1000 SFE
NOTE~:
BI*i: Building Height: Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished
ceiling elevation of the structure.
SBIC: 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.
Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by
the Customer Services Department during an application for a building permit. For all zero lot line units, a conceptual exhibit showing typical building
configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be
modified as needed.
Walls and similar structures shall have a setback of five (5) feet along the development's boundaries along public right-of-way and a setback of two (2) feet
along other perimeter tract boundary where not abutting internal development tracts and a maximum height of 12 feet as measured from the lowest
centerline grade of the nearest public or private right-of-way or easement.
*1 - Single-family lots located at an intersection or 90 degree turn may reduce the setback at the radius to 15' at 50' lot's only.
*2 - Each half of a duplex unit requires a lot area allocation of 3,$00 SF for a total minimum lot area of 7,000 SF; 3,000 square feet lot area allocntion per
dwelling unit for single family attached and townhouse dwelling units.
*3 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained.
'4- Zero feet (0') or a minimum of five feet (5') on either side except that where the zero feet (0') yard option ia utilized, the opposite side of the structure
shall have a (10') yard. Zero feet (0') yards may be used on either side of a structure provided that the opposite ten foot (10') yard is provided. Front
yard setbacks on lots with two frontages shall be determined by the location of the driveway. The remaining lot lines shall be Identified as defined by the
Land Development Code for side and rear lot lines.
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SECTION IV
DEVELOPMENT COMMITMENTS
4.1
4.2
4.3
4.4
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 accordance with Final Site Development Plans, Final Subdivision
Plans 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, his successor and assigns, shall be responsible for the commitments outlined in
this document.
The developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as
adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property.
In addition, any successor or assignee in title is bound by the commitments within this agreement.
PUD MASTER PLAN
Exhibit "A", PUD Master Plan, illustrates the proposed development and is conceptual in nature.
Proposed tract or special land use boundaries shall not be construed to be final and may be varied
at any subsequent approval phase such as at final platting or site development plan application,
subject to the provisions of the Land Development Code and amendments as may be made from
time to time.
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.
MONITORING REPORT AND SUNSET PROVISIONS
Ao
The Indigo Lakes PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6
of the Collier County Land Development Code.
4.5 TRANSPORTATION
The development of the PUD Master Plan shall be subject to and governed by the
following conditions:
A. Arterial level lighting shall be provided at the PUD's access point to public fight-
of- way concurrent with the development of the entry road.
Bo
Co
Do
Eo
The Developer shall provide right turn and left turn lanes at the project's proposed
access from CR 951 concurrent with the development of the entry road. The
Developer shall bear the cost of these improvements which are not subject to
impact fee credits.
Under the present two-lane condition of CR-951, the project may enjoy
unconstrained access to and from the north and south.
Go
Under any future four-lane or six-lane condition of CR-951, there may or may not
be a median opening to serve the project. Nothing in any development order shall
vest the project with any fight of access over and above a right-in/right-out
condition. Neither shall the existence or lack of a future median opening be the
basis for any future cause of action for damages against the County by the project
developer, its successor in title or assigns.
Within 180 days of the adoption of the PUD Ordinance by the Collier County
Board of County Commissioners, the developer shall convey by warranty deed
sixty (60) feet of fight-of-way along CR-951 for future roadway, bike path and
drainage improvements. The developer shall receive impact fee credits pursuant
to the Collier County Consolidated Impact Fee Code Provisions as set forth in
Section 74 of the Collier County Code of Laws and Ordinances and as referenced
in Section 2.2.20.3.7. of the Collier County Land Development Code. Such
dedication shall not be deducted from the PUD property for purposes for
determining yards, lot area or lot dimensions.
Substantial competent evidence shall be provided by the developer to the effect
that the project is designed to provide pass through transmission of historical
roadway runoff. In addition, site drainage shall not be permitted to discharge
directly into any roadway drainage system not specifically designed for such
discharge.
The following site access improvements on C.R. 951 (Collier Boulevard) shall be
constructed within 6 months of the approval date of this ordinance or prior to
preliminary subdivision plat approval of the two southernmost 20 acre parcels: A
full roadway width overlay of a minimum of one inch thickness of pavement
extending fifty (50) feet to the north and fifty (50) feet to the south beyond the
limits of the site access improvements (turn lanes and other improvements)."
4-2
4.6
SIGNAGE
Project identification signage for the residential component of this PUD may be
developed at all project entrances in addition to other signage. All signage shall be
subject to the provisions o£D~vision 2.5 of the Land Development Code.
4-3
4.7
4.8
SITE LIGHTING
Lighting facilities shall be arranged in a manner which will protect roadways and
neighborhood residential properties from direct glare or other interference.
Petitioner shall provide twenty-five percent (25%) retained native vegetation as required
by Section 3.9.5.5 of the Land Development Code. The location of the retained
vegetation shall be identified as a part of the submittal for Preliminary Subdivision Plat
(PSP) or Site Development Plan (SDP), whichever is earlier, for any portion of the
subject property. Retained vegetation shall be preserved in its entirety with all trees,
understory and ground cover left intact and undisturbed, expect for prohibited exotic
species removal.
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
Section Staff. Removal of exotic vegetation shall not be counted towards mitigation for
impacts to Collier County jurisdictional wetlands.
All conservation areas shall be recorded on the plat with protective covenants per or
similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated
on the plat to the project's homeowners' association or like entity for ownership and
maintenance responsibilities and to Collier County with no responsibility for
maintenance.
Buffers shall be provided around wetlands, extending at least fifteen (15') feet landward
from the edge of the wetland preserve in all places and averaging twenty-five (25') feet
from the landward edge of wetlands. Where natural buffers are not possible, structural
buffers shall be provided in accordance with the state of Florida Environmental Resource
Permit Rules and be subject to review and approval by Current Planning Section Staff.
An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site,
with emphasis on the conservation/preservation areas, shall be submitted to Current
Planning Section Staff for review and approval prior to final site plan/construcion
approval. This plan shall include methods and time schedule for removal of exotic
vegetation from within preserve areas.
4-4
4.9 WATER MANAGEMENT AND DRAINAGE OUTFALL FOR ABUTTING
PROPERTIES
The project is within the limits of the Harvey Drainage Basin Study, and, as such, will
conform to the requirements .set forth by the County Water Management Director for
easements and discharge rates. Petitioner shall provide an outfall along or through
portions of the project. Upon the request of the Collier County Stormwater Management
Department Director, the petitioner shall provide all required drainage easements along
portions of the project. The stormwater management system shall be designed in
accordance with the Harvey Basin Stormwater Management Plan as is currently being
revised as it relates to Indigo Lakes accepting off-site stormwater discharges from
abutting developments to the north and east and passing said stormwater flows through
the Indigo Lakes internal stormwater management system discharging via a control
structure into the adjacent Heritage Green Ditch located along the west side of Indigo
Lakes.
4.10
4.11
The westerly twenty-two and a-half (22.5) feet of the above noted easement shall be
temporary until such a time as the final water management design and discharge / outfall
is designed, permitted, constructed and accepted by all concerned agencies. The northern
one hundred fifty (150) feet of the above noted thirty (30) foot easement is temporary and
will be vacated at the time of final plat approval.
Prior to the approval of construction plans for the most southerly 20 acres parcel
(commonly known as the "Ford Parcel) a twenty foot (20') wide drainage easement along
the west property line of the Ford Parcel shall be dedicated to the County for access and
maintenance of the adjacent canal, as required by the Harvey Basin Stormwater
Management Plan.
POLLING PLACES
This PUD is subject to the provisions in Section 2.6.30 of the LDC.
UTILITIES -
All required utility services are available for this project.
Water and Wastewater Disposal: These utility services are to be provided by the Collier
County Utilities Division. The Project is proposed to connect to an existing 24" water
main on the west side of CR-951 and to a proposed 8" force main on the east side of CR-
951.
Electric Power: This utility service is to be provided by Florida Power and Light
Company. The Project is proposed to connect to an existing aerial feeder along the
westerly boundary of the Project adjacent to the existing Harvey Basin ditch.
Telephone: This utility service is to be provided by UTS/Sprint. The Project is proposed
to be connected to existing facilities within the CR-951 right-of-way.
4-5
4.12
PEDESTRIAN SCHOOL ACCESS
Subject to the approval of specific construction details by Collier County Public Schools,
the proposed project improvements will include the construction of a 6' wide sidewalk
and gate to connect the carl~pus of the Oak Ridge Middle School to the Project's
pedestrian circulation system at the approximate location shown by the PUD Master Plan.
The construction of these improvements will take place as part of the first development
phase of thc Project.
4-6
~ u) Z
lH'11 II 1~¢1 . !'~1
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. 2001-53
Which was adopted by the Board of County Commissioners on
the 25th day of September, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board~ ~
County Commissioners of Collier County, Florida, this 26~i~da~
of September, 2001.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County .C~.m~is sioners