Ordinance 2002-37ORDINANCE NO. 02- 3 7'
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 9512S AND BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "PUD"
TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN_,
AS CYPRESS GLEN, FOR PROPERTY LOCATED ON'~'f:~
THE NORTH SIDE OF PINE RIDGE, WEST OD,.ii::i
LIVINGSTON ROAD, IN SECTION 12, TOWNSHIP 4~i~;!)
SOUTH, RANGE 25 EAST, COLLIER COUNTY~5.~
FLORIDA, CONSISTING OF 29.7+ ACRES?,'..
PROVIDING FOR THE REPEAL OF ORDINANCF172~,,
NUMBER 92-83, AS AMENDED, THE FORME~-~'-~
CYPRESS GLEN PUD; AND BY PROVIDING AI~'~
EFFECTIVE DATE.
WHEREAS, Robert Duane of Hole Montes, Inc., representing Cypress Clen Development
Corporation, 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;
SECTION ONE:
The Zoning Classification of the herein described real property located in Section 12,
Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD"
Planned Unit Development 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
number 9512S, as described in Ordinance Number 91-102, the Collier County Land Development
Code, are hereby amended accordingly.
SECTION TWO:
Ordinance Numbber 92-83, as amended, known as the Cypress Glen PUD, adopted on
October 27, 1992 by the Board of County Commissioners of Collier County, is hereby repealed in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,~O ° day of "~LX.L- ~ ,2002.
[1W;~GI-B% E. B'~ Clerk
s
pp~ovod, a~ t6 FO~ and
Legal Sufficiency
Assistant County Attorney
PUDA/2002-AR-2028/RB/Io
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES N. COLETTA, CHAIRMAN
This ordinance filed with the
Se~cretary of State's Office the
~__2~ay of C:9.,M~o , ~
and acknowledge~en[' of that
filina received thisJJ~'.do¥
A PLANNED UNIT DEVELOPMENT
FOR
CYPRESS GLEN
29.74- Acres Located in Section 12,
Township 49 South, Range 25 East,
Collier County, Florida
PREPARED BY:
HOLE MONTES, INC.
950 ENCORE WAY
NAPLES, FL 34110
EXHIBIT "A"
Revised by Collier County Planning Services Department on July 10, 2002
Revised by Hole Montes Inc on July 19, 2002
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DATE ISSUED: July 16, 1986
DATE REVISED BY CCPC:
DATE APPROVED BY BCC:
ORDINANCE NUMBER:
DATE OF AMENDMENTS:
7/19/2002 3:17 PM
TABLE OF CONTENTS
Page
SECTION I Statement of Compliance .............................................
SECTION II Property Ownership, Legal Description, Short Title and
Statement of Unified Control ........................................
SECTION III Statement of Intent and Project Description .......................
SECTION IV General Development Regulations .................................
SECTION V Preserve Area Requirements .........................................
SECTION VI Permitted Uses and Dimensional Standards for
Residential Development .............................................
SECTION VII Residential Land Use Regulations ...................................
SECTION VIII General Development Commitments ...............................
EXHIBITS
Exhibit A - PUD Master Plan
4
5
6
I0
11
12
14
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SECTION I
STATEMENT OF COMPLIANCE
The development of 29.7 acres of property in Section 12, Township 49 South, Range 25 East
Collier County, Florida, as a Planned Unit Development to be known as the Cypress Glen PUD,
will be in compliance with the goals, objectives, and policies of Collier County as set forth in the.
Growth Management Plan. The residential component of the project will be consistent with the
growth policies, land development regulations and applicable comprehensive planning objectives
of each of the elements of the Growth Management Plan for the following reasons:
1. The property is located in the Urban Mixed Use District, Urban Residential Sub-district
as depicted on the Future Land Use Map. The proposed gross density of seven (7)
dwelling units per acre is consistent with the Future Land Use Element of the Collier
County Management Plan which allows up to four (4) dwelling units per acre at this
location for the project Base Density and up to an additional three dwelling units per
acre because the project is located within the Density Band of the Activity Center at
Airport and Pine Ridge Road (Activity Center #13). Therefore, a gross density of 7.0
dwelling units per acre or 208 dwelling units can be found consistent with the Future
Land Use Element and the Density Rating System of the Collier County Growth
Management Plan.
o
o
The subject property's location in relation to the existing or proposed community
facilities and services supports the development's residential density and commercial
uses as required in Objective 2 of the Future land Use Element.
The proposed development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the Future Land Use Element.
The proposed development will result in an efficient and economical extension of
community facilities and services as required in Policy 3.1.G of of the Future Land Use
Element.
o
The project is planned to incorporate natural systems for water management purposes in
accordance with their natural functions and capabilities as required by Objective 1.5 of
the Drainage Sub-Element of the Public Facilities Element.
All final development orders for this project are subject to the Collier County
Concurrency Management System, as implemented by the Adequate Public Facilities
Ordinance in Division 3.15 of the Land Development Code and further required by policy
2.3 of the Future Land Use Element.
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SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF
UNIFIED CONTROL
2.1 property Ownership
MGD Capital Partners are the owners of the subject property at the time of this
application for the proposed PUD.
2.2 .Legal Description
The east ½ of the southwest ¼ of the southeast ¼ and the east ½ of the west ½ of the
southwest ¼ of the southeast ¼, Section 12, Township 49 South, Range 25 East, Collier
County, Florida, less the south 15 feet previously conveyed to Collier County, Florida for
highway purposes.
2.3
General Description of Property
The subject property is located on the north side of Pine Ridge Road west of Livingston
Road and comprises 29.7 acres.
2.4 Physical Description
The subject property is vacant at the time of the application for rezoning. The site
currently drains from the Northeast to the Southwest. The property is located in Flood
Zone X.
2.5
The zoning classification prior to the date of approval of this PUD was PUD/ST/WS4.
.Short Title
This Ordinance shall be known and cited as the "Cypress Glen Planned Unit
Development Ordinance".
2.6 Statement of Unified Control
This statement represents that the current property owner has lands under unified control
for the purpose of obtaining PUD zoning on the subject property.
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3.1 '
3.2
3.3
SECTION III
STATEMENT OF INTENT AND PROJECT DESCRIPTION
Introduction
It is the intent of this Ordinance to establish a Planned Unit Development meeting the'
requirements as set forth in Section 2.2.20 of the Collier County Land Development Code
(LDC). The purpose of this document is to set forth guidelines for the future
development of the project that meet accepted planning principles and practices, and to
implement the Collier County Growth Management Plan.
Project Description
The project contains 29.7 acres and includes land area for multi-family residential
development, recreational facilities including a preservation area for a Cypress Slough
including an Oak Hammock area.
Access will be provided from Pine Ridge Road.
Land Use Plan and Proiect Phasing
The PUD Master Plan provides for areas of residential use, water management
areas, and preservation areas, as depicted on Exhibit "A". The PUD Master Plan
is designed to be flexible with regard to the placement of buildings, tracts and
related utilities and water management facilities. More specific commitments will
be made at the time of Site Development Plan and permitting approval, based on
compliance with all applicable requirements of this Ordinance, the LDC and
local, state and federal permitting requirements. All tracts may be combined or
developed separately subject to compliance with the applicable dimensional
requirements contained within this document.
The anticipated time of build-out of the project is approximately two (2) years
from the time of issuance of the first building permit, or 2004. However, actual
build-out will depend on market conditions.
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SECTION IV
GENERAL DEVELOPMENT REGULATIONS
The purpose of this Section is to set forth the development regulations that may be applied
generally to the development of the Cypress Glen Planned Unit Development and Master Plan.
4.1 General
The following are general provisions applicable to the PUD Master Plan:
go
Regulations for development of the Cypress Glen PUD shall be in accordance
with the contents of this document, the PUD Planned Unit Development District
and other applicable sections and parts of the LDC and the Collier County Growth
Management Plan in effect at the time of issuance of any development order to
which said regulations relate which authorizes the construction of improvements.
The developer, his successor or assignee, agree to follow the PUD Master Plan
and the regulations of this PUD as adopted and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor in title, or assignee, is subject to the commitments within this
agreement.
Bo
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building permit
application.
All conditions imposed and all graphic material presented depicting restrictions
for the development of Cypress Glen shall become part of the regulations that
govern the manner in which this site may be developed.
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 LDC.
4.2
Eo
Unless specifically waived through any variance or waiver provisions of any other
applicable regulations, the provisions of those regulations not otherwise provided
for within this PUD remain in full force and effect.
Site Clearing and Drainage
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the Collier County LDC and the standards and commitments of this document in
effect at the time of construction plan approval.
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4.3 _Easements for Utilities
4.4
4.5
4.6
Easements, where required, shall be provided for water management areas, utilities and
other purposes as may be required by Collier County. All necessary easements,
dedications or other instruments shall be granted to ensure the continued operation and
maintenance of all services and utilities. All easements will be in compliance with the
applicable regulations in effect at the time construction plans and plat approvals are
requested. Easements dedicated to Collier County shall be counted toward the County's
open space and the retention of native vegetation requirements.
Amendments to the Ordinance
The proposed PUD Master Plan is conceptual in nature and subject to change within the
context of the development standards in this Ordinance.
Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section
2.7.3.5 of the Collier County LDC in effect at the time the amendment is requested.
Project Plan Approval Requirements
Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan.
Subsequent to or concurrent with PUD approval, a preliminary subdivision plat (if
required) shall be submitted for the entire area covered by the PUD Master Plan. All
division of property and the development of the land shall be in compliance with the
subdivision regulations set forth in Section 3.2 of the LDC.
Prior to the recording of the final subdivision plat, when required by the subdivision
regulations set forth in Section 3.2 of the LDC, final plans of the required improvements
shall receive the approval of all appropriate Collier County governmental agencies to
ensure compliance with the PUD Master Plan, the County subdivision regulations and the
platting laws of the State of Florida.
Prior to the issuance of a building permit or other development order, the provisions of
Section 3.3, Site Development Plans, shall be applied to all platted parcels, where
applicable.
Should no subdivision of land occur, Section 3.3 shall be applicable to the development
of all tracts as shown on the PUD Master Plan.
Provision for Offsite Removal of Earthen Material
The excavation of earthen material and it's stockpiling in preparation of water
management facilities, or to otherwise develop water bodies, is hereby permitted. If,
after consideration of fill activities on buildable portions of the project site, there is a
surplus of earthen material, offsite disposal is also hereby permitted subject to the
following conditions:
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Excavation activities shall comply with the definition of a "development
excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal
shall not exceed ten (10) percent of the total volume excavated up to a maximum
of 20,000 cubic yards.
A timetable to facilitate said removal shall be submitted to the Development
Services Director for approval. Said timetable shall include the length of time it
will take to complete said removal, hours of operation and haul routes.
All other provisions of Section 3.5 of the LDC are applicable.
4.7
4.8
4.9
4.10
4.11
Sunset and Monitoring Provisions
The Cypress Glen PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for
Approved PUD Master Plm~s and Section 2.7.3.6, Monitoring Requirements.
Polling Places
Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier
County Land Development Code.
Native Vegetation
The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection
and Preservation of the LDC for the subject property. The preserve areas depicted on the
PUD Master Plan comprise a total of 13.70 acres or approximately forty-five (45) percent
of the total Site area. The preserve area is in excess of the requirement that a minimum of
twenty-five (25) percent of the site be retained in native vegetation.
Oven Space
In addition to the areas designated on the PUD Master Plan as buffers and lakes, open
space will be allocated within each subsequent development area. Open space may be in
the form of landscaping, additional buffers, passive or active recreation areas and water
management facilities. The total aggregate of such open space areas shall meet or exceed
the open space requirements of Section 2.6.32 of the LDC.
ArchaeOlogical Resources
The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to
archaeological resources in the event such resources are contained on the property.
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4.12 Common Area Maintenance
4.13
4.14
4.15
Common area maintenance, including the maintenance of common facilities, open
spaces, and water management facilities, shall be the responsibility of a homeowners'
association to be established by the developer.
.Signage
All signage shall be in accordance with Section 2.5 of the Collier County Land
Development Code, as applicable.
Off Street Parking and Loading
All off street parking and loading facilities shall be in accordance with Division 2.3 of the
Collier County Land Development Code.
Landsca i_.~/L~
All landscaping shall be in accordance with the requirements of Division 2.4 of the
Collier County Land Development Code. However, a five (5) foot landscape buffer will
be maintained along the eastern edge of the property along the boundary of the lake and a
ten (10) foot buffer shall be provided along the balance of the eastern property line. A
five (5) foot landscape buffer will also be provided and maintained on the western edge
of the Community School's property adjacent to the Cypress Glen PUD, as an alternate
standard to a fifteen (15) foot buffer along the eastern property line. The balance of the
total number of required plantings, (trees and shrubs) that would have been required in a
fifteen (15) foot buffer along the eastern property line will be provided in other locations
in the Cypress Glen PUD.
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SECTION V
PRESERVE AREA REQUIREMENTS
5.1
5.2
PURPOSE
The purpose of this Section is to identify development standards for the Preserve Areas as
shown on Exhibit "A", the PUD Master Plan.
PERMITTED USES
The PUD Master Plan provides for 13.70 acres for upland and wetland preserve areas or
forty-five (45) percent of the total site area. Minor adjustments may be made to the
boundaries of preserve areas based on wetland permitting considerations.
No building, structure or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following structures:
Permitted Principal Uses and Structures:
1. Passive recreation areas.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
5. Supplemental landscape planting, screening and buffering within the' Preserve
Areas, after the appropriate environmental review.
Any other passive recreational use which is comparable in nature with the
foregoing list of permitted uses, as determined by the Board of Zoning Appeals
(BZA).
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6.1
6.2
6.3
SECTION VI
PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL
DEVELOPMENT
Purpose
The purpose of this Section is to identify permitted uses and development standards for
areas within the Cypress Glen PUD designated for residential development on the PUD
Master Plan, Exhibit "A".
Maximum Dwelling Units
A maximum of two hundred and eight (208) dwelling units are permitted on areas
designed for residential use on the PUD Master Plan. All dwelling units are proposed to
be multi-family.
General Description
The PUD Master Plan designates the following use areas on Exhibit "A" The PUD
Master Plan.
AREA
_+ACRES
_+PERCENTAGE
1. Residential*
2. Preserve Areas
3. Addition R.O.W.
15.48 53.0%
13.70 45.4%
.0,,.48 J .6%
29.66 100%
*Includes 1.6 acres of Lakes
The approximate acreage of the residential areas is depicted on the PUD Master Plan.
Actual acreage of all development tracts will be provided at the time of site development
plan or final subdivision plat approval in accordance with Article 3, Division 3.3, and
Division 3.2, respectively, of the Collier County Land Development Code. Residential
areas are designed to accommodate internal roadways, open spaces, recreational amenity
areas, water management facilities, and other similar uses typically found in residential
areas.
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7.1
7.3
7.2
SECTION VII
RESIDENTIAL LAND USE REGULATIONS
PURPOSE
This Section is to set forth the regulations for the residential areas depicted on the PUD
Master Plan. Residential areas designated on the PUD Master Plan are designated to '
accommodate multi-family residential dwelling types, recreational facilities, essential
services, customary accessory uses, and compatible land uses.
PERMITTED USES AND STRUCTURE8
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. Multi-family dwellings, including townhouses.
2. Water management facilities and lakes.
3. Manager's residence and offices for project sales and maintenance.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures.
2. Signs.
3. Recreational facilities.
Model t/nits shall be permitted in conjunction with the promotion of the
development subject to SDP approval. The model units shall be converted
to residences at the end of a two-year period unless otherwise specifically
approved by the County.
DEVELOPMENT STANDARDS
A. Minimum lot area: one acre
B. Minimum lot width: 150 feet
Minimum distance between principal structures: Fifteen feet for townhouse
structures and twenty-five (25) between towlfftouse and existing three story
condominium buildings.
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Do
Fo
Setback from project boundaries: twenty-five feet (25)
Maximum height or structures: Two (2) habitable stories for townhouse
structures and three (3) habitable stories for existing condominium structures.
Accessory structures: Accessory structures may be set back ten (10) feet from
principal structures.
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SECTION VIII
GENERAL DEVELOPMENT COMMITMENTS
8.1 PURPOSE
The purpose of this Section is to set forth the general development commitments of the
project.
8.2 TRANSPORTATION AND TRAFFIC IMPACT
In accordance with Ordinance 2001-13, requiring development to contribute its
proportionate share of funds to accommodate the impact of proposed development
on area roads; the developer, or its successors or assigns, agrees to pay road
impact fees in accordance with the adopted fee schedule, at such time as building
permits are requested. The Developer further agrees to pay its fair share for
intersection improvements at the project's access point deemed necessary by the
County Engineer.
Access to the site and its median opening shall be located so as not to affect the
design or use of the existing opening and left turn lane serving the Community
School of Naples.
The developer has provided a westbound right turn lane at the project entrance, as
required through the prior rezoning approval.
Do
At the time of site development plan review, the developer shall provide arterial
level street lighting at the project entrance.
The developer shall provide up to 20 feet of right-of-way along the north side of
Pine Ridge Road for future roadway, bike path and drainage improvements, the
exact amount to be dedicated prior to final construction plan approval.
Fo
The required improvements as noted above in Section 8.2 of the PUD Document
are considered "site related" as defined in Ordinance 2001-13 and shall not be
applied as credit toward any impact fees required by that Ordinance.
Go
A sidewalk shall be provided linking Phase I and Phase II of the Cypress Glen
PUD and is depicted on the PUD Master Plan. (See Exhibit A.) Street lighting
shall be provided along the edge of the access road along the eastern portion of
the property in accordance with applicable county standards.
8.3 ENVIRONMENTAL CONSIDERATIONS
mo
The petitioner shall comply with all applicable environmental sections of the
Collier County Land Development Code, as amended and the Collier County
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8.4
Bo
Growth Management Plan, Conservation and Coastal Management Element, in
effect at the time of final development order approval.
No development will be allowed in the Oak Hammock area. Prior to any
development of surrounding lands, the Hammock Area shall be flagged. The
flagging boundaries shall be verified by Project Review Services Environmental
Staff.
Co
The Oak Hammock area may be used only for passive recreation, including uses
such as nature trails and/or a limited number of picnic tables/benches. Any
clearing of under-story vegetation and/or placement of structures (i.e., picnic
facilities) must be reviewed and subject to approval by Project Review Services
Environmental Staff.
The Cypress Slough shall be preserved. Prior to any development of surrounding
lands, the slough shall be flagged. The flagging boundaries shall be verified by
Project Review Services Environmental Staff.
E
At the time of site development plan review, the petitioner shall provide design
modifications concerning berming around the cypress area to enhance water
retention, thereby enhancing the slough.
Best engineering principles, including the use of culverts shall be utilized to
ensure continued sheet flow to the Cypress Slough.
Go
A structural setback is proposed adjacent to the wetland area as approved by the
South Florida Water Management District Permit. A cross section of this buffer
and setback area is contained on the PUD Master Plan, Exhibit A.
UTILITIY REQUIREMENTS
The purpose of this Section is to set forth the utilities and engineering commitments of
the project developer.
Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance
No. 97-17, as amended, and other applicable County rules and regulations.
B°
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. Should the County not
be in a position to provide sewer service to the project, the sewer customers shall
be customers of the interim utility established to serve the project until the
County's off-site sewer facilities are available to serve the project.
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8.5
8.6
Co
Prior to approval of construction documents by the County, the developer must
present verification, pursuant to Chapter 367, Florida Statutes, that the Florida
Public Service Commission has granted territorial rights to the developer to
provide sewer service to the project until the County can provide these services
through its sewer facilities.
The utility construction documents for the project's sewerage system shall contain
the design and construction of an on-site force main, which will ultimately'
connect the project to the future central sewerage facilities of Collier County. The
force main must be interconnected to the pump station with appropriately located
valves to permit for simple redirection of the project's sewage, when connection
to the County's central sewer facilities becomes available.
ENGINEERING REQUIREMENTS
A. Detailed paving, grading, site drainage and utility plans shall be submitted to the
Development Services Department for review. No construction permits shall be
issued unless detailed paving, grading, site drainage and utility plans are
submitted and until approval of the proposed construction, in accordance with the
submitted plans, is granted by the Development Services Department.
B. A copy of the SFWMD Surface Water Management Permit must be reviewed by
the Development Services staff prior to any construction drawing approvals.
C. The developer and all subsequent owners of this project shall be required to
satisfy the requirements of all County Ordinances or Codes in effect at the time of
issuance of any subsequent development order relating to this site, including but
not limited to preliminary subdivision plat, site development plan and any other
applications that will result in the issuance of a final development order.
WATER MANAGEMENT REQUIREMENTS
The purpose of this Section is to set forth the water management commitments of the
project developer.
A°
Co
Prior to construction plan approval, verification of the capacity of the Pine Ridge
swale to handle the project discharge shall be submitted. If water management
improvements are deemed necessary, then such improvements shall be provided
by the petitioner.
Landscaping may be placed within the water management area in accordance with
the criteria established within Section 2.4.7.3 of the LDC.
A surface water management permit must be obtained from the SFWMD prior to
any subdivision or site plan approval.
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8.7 HOUSING
Five percent of the 120 townhouse units will be sold only to individuals or families which
qualify as low income. Furthermore, best efforts will be made to sell up to ten percent of
the units to qualified low income buyers.
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10'
950 Enoore Way
Naple., FL. 34110
Phono: (941) 254-2000
florida Cortlflcato of
Authorization Ho.1772
CYPRESS GLEN
P.U.D. Master Plan
9676PUD
Exhibit 'A' ~: EXHIBIT
10F1