Ordinance 2004-60
ORDINANCE NO. 04-60
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 91-102, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, AS
AMENDED OR AS RE-CODIFIED BY ORDINANCE
NUMBER 04-41, AS AMENDED, WHICH INCLUDES
THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL
ZONING ATLAS MAPS BY CHANGING THE ZONING
CLASSIFICA TION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "PUD" TO "RPUD" RESIDENTIAL
PLANNED UNIT DEVELOPMENT KNOWN AS BOYNE
SOUTH, FOR PROPERTY LOCATED ON THE SOUTH
SIDE OF US 41 3 MILES EAST OF COLLIER
BOULEVARD (C.R. 95 I), IN SECTION 20, TOWNSHIP
51 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 242.35 + ACRES;
PROVIDING FOR THE REPEAL AND REPLACEMENT
OF ORDINANCE NUMBER 99-25, AS AMENDED, THE
FORMER BOYNE SOUTH PUD; AND BY PROVIDING
AN EFFECTIVE DATE.
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WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing Naples Golf Club
South, LLC, Naples Golf Development, LLC, and Naples South, LLC, as part of PUDZ-2004-AR-
521 I, 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 20,
Township 51 South, Range 27 East, Collier County, Florida, is changed from "PUD" to "RPUD"
Boyne South Residential Planned Unit Development in accordance with the PUD Document,
attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof,
and is applicable to the lands described therein. The Official Zoning Atlas Maps numbered 1720N
and 1720S, as described in Ordinance Number 91-102, as amended, the Collier County Land
amended accordingly.
Development Code, or as re-codified by Ordinance Number 04-41, as amended, are hereby
SECTION TWO:
Page I of2
Ordinance Number 99-25, as amended, known as the Boyne South PUD, adopted on April
13, 1999, by the Board of County Commissioners of Collier County, is hereby repealed in its
entirety, and replaced by and through this Ordinance with the revised, attached PUD document
referenced above.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND D{)L Y ADOPTED by the Board of County Commissioners of Collier County,
. . 51 .( L _
Florida, this JJ day of LJ¿¡J7un!J¿í, 2004.
- F
ATTEST:
DWIGHT E. BROCK, CLERK
. "
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY, {£~ d~
DO A FIALA, CHAIRMAN
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PUDZ-A-2004-AR-5211/FR/lo/sp
This ordinance filed with the
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and ot:knowledgem~ot pf that
fif' , ceived this ~ day
of
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Page 2 of2
BOYNE SOUTH
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
Prepared by:
ROBERT L. DUANE, A.I.C.P.
HOLE MONTES.INC.
950 ENCORE \V A Y AND
NAPLES, FLORIDA 341 10
RICHARD D. YOV ANOVICH, ESQ.
GOODLETTE, COLEMAN & JOHNSON, P.A.
4001 T AMIAMI TRAIL N., SUITE 300
NAPLES, FLORIDA 34103
HM PROJECT 2002133
REVISED ON DECEMBER 24, 2003
DATE ApPROVED BY BCC: APRIL 13, 1999- ORDINANCE No. 1999-25
EXHIBIT "A"
W:\2002\2()02 D3\PUD\Pl'D 09-22-(14 FINAL Version to Collier Co..doe
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SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
Exhibit A
Exhibit B
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TABLE OF CONTENTS
PAGE
Statement of Compliance
3
Project Ownership, Legal Description, Short Title
and Statement of Unified Control
5
Statement of Intent
6
General Development Regulations
7
Pennitted Uses & Dimensional Standards for Residential Development 12
Permitted Uses and Dimensional Requirements for Golf Course,
Golf Driving Range and Club House
14
Environmental Requirements
16
Transportation Requirements
17
Utility and Engineering Requirements
19
EXHIBITS
Conceptual PUD Master Plan
Legal Description
2
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SECTION 1
ST A T~MENT OF COMPLIANCE
The development of approximately 242.35 acres of property in Collier County, as a Planned Unit
Development (PUD), to be known as Boyne South, will be in compliance with the goals,
objectives, and policies of Collier County, as set forth in the Growth Management Plan (GMP).
The residential and commercial facilities of Boyne South will be consistent with growth policies,
land development regulations, and applicable comprehensive planning objectives of each of the
elements of the GMP for the following reasons:
I. The subject property is within the Agricultural/Rural Designation, Rural Fringe Mixed-
Use District, Neutral Lands as identified on the Future Land Use Map as required in
Objective 1, and Policy 5.1 of the Future Land Use Element (FLUE).
2. The residential (RSF-3) and commercial (C-3) zoning on the subject property at the time
of application for rezoning that was approved on April 14, 1999 was found to be
consistent with the County's Zoning Reevaluation Program and fonner Future Land Use
Element Policy 3.IK of the GMP based on improvements in place to the property, at the
time.
3. The prior rezoning to Boyne South PUD that converted C-3 commercial zoning to 27
multi-family dwelling units and increased the number of dwelling units [rom 127 to 154
units was found to be consistent with Policy 5.1 of the FLUE.
4. Changes to the existing zoning, to convert 64 motel units to 10 single-family units for a
total of 171 dwelling units, are consistent with Section 11.B.4 and policy 5.1 of the
FLUE. These changes to an existing development do not result in an increase in the
overall development intensity.
5. The subject property's location in relation to the existing or proposed community
facilities and services pennits the development's residential density as required in
Objective 2 of the FLUE.
6. The project development is compatible and complementary to existing and future
sUlTolmding land uses as required in Policy 5.4 of the FLUE.
7. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
8. The project deyelopment will result in an efficient and economical extension of
community facilities and services as required in Objective 2 and Policy 5.3 ofthe FLUE.
9. The project is compatible with adjacent land uses through the internal arrangements of
structures, the placement of land use buffers and the proposed development standards
contained herein,
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10. All final local Development Orders for this project are subject to the Collier County
Concurrency Management System as implemented by the Adequate Public Facilities
Ordinance. (Division 3.15 of .the LDC).
4
SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION
SHORT TITLE AND STATEMENT OF UNIFIED CONTROL
2.1
Property OwnershiR
The subject property is under the ownership of Naples Golf Club South, LLC,
Naples Golf Development, LLC and Naples South, LLC.
2.2
Legal Description
See Exhibit "B".
2.3
Short Title
This ordinance shall be known and cited as the "Boyne South Residential Planned
Unit Development Ordinance".
2.4
General Description of Property
The property is located approximately three miles east of County Road 951 and
south of U.S. 41. The existing zoning of the subject property prior to this
application for rezoning is "POO".
The project is developed with a series of stonnwater retention lakes with
interconnecting swales and pipes. Stonnwater flows from north to south where
stonmvater finally discharges from the two southernmost lakes through two water
control structures into a spreader waterway along the south side of the project.
The project's water management system also intercepts waters that drain from
U.S. 41 and lands to the north. These waters flow through the project's water
management system.
2.5
Statement of Unified Control
It is the intent of the property owners to establish a Planned Unit Development on
242.35 acres in Section 20, Township 51 South, Range 27 East, Collier County,
Florida.
The subject property, as depicted on the PUD Master Plan, is under unified
control and ownership for the purpose of obtaining PUD zoning.
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SECTION III
STATEMENT OF INTENT
3.1 Introduction
It is the intent of the developer to establish a PUD, meeting the requirements as set forth
in the 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 GMP.
3,2 Proiect Description
The project is comprised of 242.35 acres and is located on the south side of East Tamiami
Trail (U.S. 41) in Section 20, Township 51 South, Range 27 East. The PUD will include
a golf driving range that exists on the west side of the entrance into Boyne South. The
project further includes an existing golf course, a water management system comprised of
a series of lakes, a club house, and residential tracts, which will allow for 137 single
family dwelling units and 34 multi-family dwelling units for a total of 171 dwelling units,
as depicted on Exhibit A, the PUD Master Plan. Because of the pattem of ownership
existing at the time of the application for this PUD, some existing single family lots
fronting on the golf course and on adjacent properties are not contained within this PUD
and will retain their existing RSF-3 zoning designation as illustrated on the PUD Master
Plan.
3.3 Land Use Plan and Project Phasing
A. The PUD Master Plan contains a total of five (5) development tracts consisting of
the golf course, and development areas for single and multi-family use, including
road right-of-way. The Master Plan is designed to be tlexible with the placement
of buildings, related utilities and water management facilities to be determined 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. Tracts may be combined or developed
separately subject to compliance with the applicable dimensional requirements
contained within this document. Final lot configurations will be determined
during the final subdivision plat review process.
B. The anticipated time of build-out of the project is approximately six (6) years
from the time of issuance of the first building permit.
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SECTION IV
GENERAL D.EVELOPMENT REGULATIONS
The purpose of this Section is to set forth the development regulations to be applied to the
development and use of the Boyne South Residential Planned Unit Development and Master
Plan.
4.1 General
A, Regulations for development of the Boyne South POD shall be in accordance with
the contents of this document, the POD-Planned Unit Development District and
other applicable sections and parts of the LDC and GMP in effect at the time of
issuance of any development order to which said regulations relate which
authorize the construction of improvements. The developer, his successor or
assignee, shall follow the PUD Master Plan and the regulations of this POD 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.
B. 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.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Boyne South PUD shall become part of the regulations
that govern the manner in which this site may be developed.
D. Development pennitted 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.
E. Unless specifically waived through any variance or waiver provisions from any
other applicable regulations, the provisions of those regulations not otherwise
provided for in this PUD remain in full force and effect. In the event of a conflict
between the regulations within this PUD and the LDC, the provisions within that
PUD shall prevail.
4.2 Site Clearing and Drainage
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the LDC and the standards and commitments of this document at the time of
cOllstruction plan approval.
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4.3 Easements for Utilities
Easements, where required, s,hall be provided for water management areas, utilities and
other purposes as may be required by ColJier County.
All necessary easements, dedications or other instruments shall be granted to ensure the
continued operation and maintenance of all services and utilities to insure compliance
with applicable regulations in effect at the time construction plans and plat approvals are
requested.
4.4 Amendments to the Ordinance
Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of
the LDC.
4.5 Proiect Plan Approval Requirements
Exhibit "A", PUD Master Plan, constitutes the required PUD Development 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 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 orders, the provisions of
Section 3.3, site development plans of the LDC, shall be applied to all platted parcels,
where applicable.
4.6 Provision for Off-Site 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 are hereby permitted. If,
after consideration of fill activities on buildable portions of the project site, there is a
surplus of earthen material, off-site disposal is also hereby permitted subject to the
following conditions:
A. Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby off-site removal
shall not exceed ten (I 0) percent of the total volume excavated up to a maximum
of 20,000 cubic yards.
B. A schedule to facilitate said removal shall be submitted to the County Manager
for approval. Said schedule shall include the length of time it will take to
complete said removal. hours of operation and haul routes.
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C. All other provisions of Section 3.5 of the LDC are applicable.
4.7 Sunset and Monitoring Provisions
The Boyne South PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for
Approved PUD Master Plans, and Section 2.7.3.6, Monitoring Requirements.
An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC.
The monitoring report shall be accompanied by an affidavit stating that representations
contained therein are true and correct.
4.8 Polling Places
Any community recreation/public building/public room or similar common facility
located within the Boyne South PUD may be used for a polling place, if determined
necessary by the Supervisor of Elections in accordance with Section 2.6.30 of the LDC.
4.9 Native Vegetation Retention Requirements
Pursuant to Section 3.9.5.5.3 of the LDC, twenty-five (25) percent of the native
vegetation shall be preserved where applicable.
4.10 Common Area Maintenance
Common area maintenance, including the maintenance of common facilities, open spaces
and the water management facilities shall be the responsibility of a property owners' or
homeowners' association, together with any applicable permits and conditions from
applicable local, state, or federal permitting agencies. However. the entity operating the
golf course shall be responsible for maintaining the lakes.
4.11 Landscaping Requirements
All landscaping requirements, buffers, walls, and berms, shall be developed in
conformance with the requirements of Division 2.4 of the LDC pertaining to landscaping
and buffering. (See also Section 8.15)
4.12 Open Space and Common Areas
Open spaces shall be provided as required by Section 2.6.32 of the LDC.
4.13 Signs
As provided for within Section 2.5 and 2.8 of the LDC.
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4,14 Archaeological Resources
The developer shall be suþject to Section 2.2.25.8.1 of the LDC pertaining to
archaeological resources in the event they are contained on the property.
4.15 Parking
All parking shall be in confom1ance with Division 2.3, Off-street Parking and Loading, of
the LDC.
4,16 Fill Storage
Notwithstanding the provisions of Section 3.2.8.3.6 of the LDC, fill storage is generally
permitted as a temporary principal use (not to exceed 36 months) throughout the Boyne
South PUD. Fill material generated may be stockpiled within areas designated for
residential development. Prior to stockpiling in these locations, a vegetation removal and
site filling permit, along with plans showing the locations and cross-sections, shall be
submitted to the County Manager for review and approval. The following standards shall
apply:
A. Stockpile maximum side slope: 3: 1.
B. Stockpile maximum height: thirty-five (35) feet.
C. Fill storage shall not be pennitted in Preserve Areas.
4,17 General Permitted Uses
Certain uses shall be considered general permitted uses throughout the Boyne South PUD
except in the Preserve Areas. General permitted uses are those uses which generally
serve the developer and residents of the Boyne South PUD and are typically part of the
common infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under LDC, Section 2.6.9.1.
2. Water management facilities and related structures,
3. Temporary Sewage treatment facilities.
4. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
5. Guardhouses, gatehouses, and access control structures.
6. Community and neighborhood parks, recreational facilities.
7. Temporary construction, sales, and administrative offices for the
Developer and Developer's authorized contractors and consultants,
includillg necessary access ways, parking areas, and related uses to serve
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such offices subject to the issuance of a temporary use permit pursuant to
Section 2.6.33 of the LDC.
8. Landscape features including, but not limited to, landscape buffers, berms,
fences, and walls subject to the standards set forth in Section 4.11 of this
. PUD.
9. Any other use, which is comparable in nature with the foregoing use,
consistent with the permitted uses and purpose and intent statement of this
PUD, as determined by the Board of Zoning Appeals.
B. Development Standards:
Unless otherwise set forth in this document, the following development standards
shall apply to structures:
I. Setback from back of curb or edge of pavement of any road - twenty-three
feet (23') except for guardhouses, gatehouses, and access control
structures, which shall have no required setback.
2. Minimum distance between unrelated structures - twelve feet (12')
3. Maximum height of structures - See Table 1, Development Standards
4. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within the adopted Boyne South PUD
design guidelines and standards are to be in accordance with the LDC in
effect at the time of site development plan approval.
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SECTION V
PERMITTED U~ES & DIMENSIONAL STANDARDS
FOR RESIDENTIAL DEVELOPMENT, TRACTS BAND E
5. I Purpose
The purpose of this Section is to identify the permitted uses and development standards
for areas within Boyne South designated for residential development on the PUD Master
Plan,
5.2 Residential DeveloDment Intensity currently consistent with the 1997 Growth
Management Plan
A maximum of one hundred and thirty-seven (137) single-family and thirty-four (34)
multi-family dwelling units are pennitted to be developed on the subject property.
5.3 General DescriDtion
The PUD Master Plan designates the following uses for each tract designated on the PUD
Master Plan.
TRACT USE ACRES
A Driving Range 17.86
B Multi-Family* 6.69*
C Golf Course 148.26
E Single Family 58.14
R Right-of- Way I I .40
242.35
*See also Section V of this ordinance for Table I permitted multi-family uses, which
will require 2.69 acres of the multi-family area to remain in open space.
The approximate acreage of residential tracts is depicted on the PUD Master Plan.
Actual acreage of all development tracts will be provided at the time of site development
plan approval or plat approvals in accordance with Article 3, Division 3.3, and Division
3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal
roadways, open spaces, recreational amenity areas, water management facilities, and
other similar uses found in residential areas.
5.4 Permitted Uses and Structures
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
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I. Principal Uses:
(a) Single Family petached Dwellings
(b) Multi-family Dwellings
(c) Townhouse Dwellings
(d) Model homes as a temporary use subject to Section 2.6.33 of the LDC.
(e) Any other use, which is comparable in nature with the foregoing uses,
consistent with the permitted uses and purpose and intent statement of this
PUD as determined by the Zoning Board of Appeals.
2. Accessory Uses and Structures
(a) Accessory uses and structures customarily associated with principal
residential uses permitted in this district, including recreational facilities,
maintenance facilities and clubhouse.
(b) Any other use, which is comparable in nature with the foregoing uses,
consistent with the permitted uses and purpose and intent statement of this
PUD as determined by the Zoning Board of Appeals.
5.5 Development Standards
The following Table I sets forth the development standards for residential areas depicted
on the PUD Master Plan and comprising Tracts Band E. Tract B shall be required to
provide 2.69 acres of open space.
PERMITTED USES AND SINGLE F AMIL Y TOWNHOUSE MUL TI-F AMIL Y DWELLING
STANDARDS DETACHED
Minimum Lot Areas 6,000 S.F. 3,000 S.F. Der duo lAC
Minimum Lot WidthiT> 60 30 150
Front Yard 25 23 23
Side Yardill 7.5 o or 0.5 BH* 0.5 BH*
Rear Yard PrinciDal 20 15 15
Rear Yard Accessorv 10 10 10
Maximum Buildin!! Hei!!ht 35 35 35
Distance Between Structures 15 0.5 BH* 0.5 BH*
Floor Area Min. (SF) 1200 1000 600
f } Minimum lot \vidth may be reduced by 20 Dercent for cul-de-sac lots Droyided minimum lot area reaUirement is still maintained.
Œ'Accessory uses such as Dool enclosures may be attached to princiDal uses.
811 - Buildin~ Height
I. Setbacks shall be measured from the legal boundary of the lot and are inclusive of
easements with the exception of easements that comprise a road right-of-way.
2. There shall be a minimum of 23 feet between the back of the sidewalk and the
face of the garage door. Should the garage door be side loaded, there shall be a
23 foot paved cleared area on a perpendicular plane to the garage door or plans
must ensure that parked vehicles will not interfere with pedestrian traffic.
3. Required landscape butTers shall not be encroached by buildings.
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SECTION VI
PERl\lITTED USES AND DIMENSIONAL
REQUIREMENTS FOR GOLF COURSE AND GOLF DRIVING RANGE,
TRACTS A AND C
6. I Purpose
The purpose of this Section is to set forth the regulations for the areas designated as Golf
Course, Tract C, and comprising 148.26 acres, and for the Golf Driving Range, Tract A,
comprising 17.86 acres.
6.2 Pennitted 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. Pennitted Principal Uses and Structures
Golf Course, Tract C
Golf Driving Range, Tract A
B. Pennitted Accessory Uses and Structures
1. A club house with pro shops with equipment sales up to 1,000 square feet
in size; restaurants with a seating capacity of 200 seats or less and shall
serve patrons no later than 10:00 P.M. intended to exclusively serve
patrons of the golf course, and other pennitted recreational facilities.
2. Recreational facilities that serve as an integral part of the pem1itted use,
including but not limited to clubhouse community center building, practice
driving range, shuffleboard courts, swimming pools and tennis facilities,
snack shops and restrooms.
3. Multiple telmis courts, shuffleboard courts, swimming pools, and other
types of facilities intended for outdoor recreation common to a country
club.
4. Roads, pathways, accessory uses and structures customarily associated
with the permitted use, including but not limited to utility structures, water
management facilities, maintenance shops and equipment storage facilities
and non-commercial plant nurseries.
5. Any other use, which is comparable in nature with the foregoing uses,
consistent with the pem1itted uses and purpose and intent statement of this
PUD as detennined by the Zoning Board of Appeals.
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6.3 Property Development Regulations
A. General Requirements,
a) Overall site design shall be hannonious in tenns of landscaping, enclosure
of structures, location of access streets and parking areas and location and
treatment of buffer areas.
b) Buildings shall be set back a minimum of fifty (50) feet from abutting
residential districts and the setback area shall be appropriately landscaped
and maintained to act as a buffer zone. No parking will be allowed in the
buffer.
B. Maximum Height of Structures
Two (2) stories with a maximum of thirty-five feet, except for the clubhouse
clerestory cupola maximum height of forty (40) feet.
C. Hours of Operation
The driving range shall be operated during daytime hours only.
6.4 Playground
A. A playground, approximately one-quarter acre in size, for children aged 2 to 12
years old, which meets ASTM standards, shall be installed prior to the issuance of
a certificate of occupancy for the clubhouse. The playground may be located
anywhere in the Boyne South development including portions of the development
that are zoned RSF-3.
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SECTION VII
ENVIRONMENTAL STANDARDS
The purpose of this Section is to set forth the environmental commitments of the project
developer.
7.1 This PUD shall be consistent with the Environmental sections of the GMP Conservation
and Coastal Management Element and the LDC at the time of final development order
approval.
7.2 An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site
shall be submitted to the County Manager for review and approval prior to final site
plan/construction plan approval.
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SECTION VIII
TRANSPqRTATION REQUIREMENTS
The purpose of this Section is to set forth the transportation commitments of the project
developer.
8.1 All traffic control devises, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FDOT) Manual of Uniform
Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition,
and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All
other improvements shall be consistent with and as required by the LDC.
8.2 Arterial level street lighting shall be provided at all access points. Access lighting must
be in place prior to the issuance of the first certificate of occupancy (CO).
8.3 Site-related improvements necessary for safe ingress and egress to this project, as
determined by Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the issuance of the first
CO.
8.4 Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as
amended, and Division 3.15. LDC, as it may be amended.
8.5 All work within Collier County rights-of-way or public easements shall require a Right-
of-way Pennit.
8.6 All proposed median opening locations shall be in accordance with the Collier County
Access management Policy (Resolution 01-247), as it may be amended, and the LDC, as
it may be amended. Collier County reserves the right to modify or close an median
opening existing at the time of approval of this PUD which is found to be adverse to the
health, safety and welfare of the public. Any such modifications shall be based on, but
are not limited to, safety, operational circulation, and roadway capacity.
8.7 Nothing in any development order shall vest a right of access in excess of a right in/right
out condition at any access point. Neither will the existence of a point of ingress, a point
of egress or a median opening, nor the lack thereof, shall be the basis for any future cause
of action for damages against the County by the developer, its successor in title, or
assIgnee.
8.8 All intemal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer and Collier County shall have no responsibility for maintenance of any such
facilities.
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8.9 If any required turn land improvement requires the use of existing County right-of-way or
easement, compensating right~of-way, shall be provided without cost to Collier County as
a consequence of such improv:ement.
8.10 If, in the sole opinion of Collier County, a traffic signal, or other traffic control device,
sign or payment marking improvement within a public right-of-way or easement is
determined to be necessary, the cost of such improvement shall be borne by the developer
and shall be paid to Collier County before the issuance of the first CO.
8.11 Access to the multi-family Tract B shall be from the internal access road into the project
only as depicted on the PUD Master Plan.
8.12 Internal roadways are proposed to be private subject to approval by the Board of County
Commissioners to restrict the public's right to access these roadways.
8. I 3 Two access points shall be pennitted onto U.S. 41 as depicted on the PUD Master Plan,
one of which presently exists and serves as the main project entrance and the other is
proposed to be located between the eastern boundary of Tract "B" and the eastern
property line subject to FDOT approval.
8.14 Money will be provided in lieu of a sidewalk on US 41 at such time as there are
sidewalks planned in the general area or two years from the date of the issuance of a
building permit, whichever comes first.
8. 15 The cul-de-sac streets, which intersect with the north-south street along the eastern
project boundary shall be planted with landscaping to provide approximately eighty
percent opacity to headlights at the terminus of the cul-de-sac.
8.16 An illtercOlmection for pedestrian and/or vehicular access shall can be provided to lands
located to the east of the Boyne South upon request of the adioining property owner, and
any costs associated with this interconnection shall be shared. In the event that the roads
become private in Boyne South, and vehicular connection is provided, the
interconnection shall be gated so as to discourage the general public from using the
principal roadways in Boyne South. All costs shall be borne by the developer of lands to
the east, includinf?; a proportionate share for the maintenance of roadways in Boyne
South.
18
^ -~"""~~._~ .... "RI
SECTION IX
UTILITY AND):NGINEERING REQUIREMENTS
The purpose of this Section is to set forth the utilities and engineering commitments of the
project developer.
9.1 Utilities
A. Sewer and water service shall be provided by Collier County. All pertinent
requirements pertaining to the extension and construction of water distribution
and sewage collection facilities shall be met.
B. 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
01-156, as amended, and other applicable County rules and regulations.
C. 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 water and/or sewer service, customers shall be
customers of the interim utility established to serve the project until the County's
off-site water and/or sewer facilities are available to serve the project.
D. Appropriate easements for any project internal water improvements shall be
documented on the construction plans and shall be dedicated to the Collier County
Water-Sewer District.
E. Construction drawings, technical specifications and all pertinent design
infonnation shall be submitted in accordance with Collier County Ordinance OI-
14 or amendments made thereto and shall be approved prior to the issuance of
development construction approval.
F. Easements for three well field sites shall be dedicated to Collier County Utilities
upon request. These easement areas shall be approximately 60 feet by 40 feet in
size and are depicted on the PUD Master Plan. The pipelines will be located
within the county access roads and utility easements. Two sites are located along
US 41 and one site is located on the western edge of the development, outside the
boundary of the PUD and comprises 4.77 acres. The legal description and Folio
for the parcel outside of the PUD boundary line is set forth as follows: Section
20, Township 51 S, Range 27E N330' of S 3300' of W ~ of E ~ of W ~, less 30'
ROW (4.77 Ac.) or Property J.D. #00764440003 as filed in book 1995 page 1071.
19
9.2 Engineering
A. Detailed paving, grading, site drainage and utility plans shall be submitted to the
County Manager for review. No construction permits shall be issued unless and
until approval of the proposed construction, in accordance with the submitted
plans, is granted by the County Manager.
B. Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the LDC.
D. Subdivision of the site shall require platting in accordance with Section 3.2 of the
LDC to define the right-of-way and tracts shown on the PUD Master Plan.
E. The developer, its successions and assigns, shall be required to satisfy the
requirements of all County ordinances or codes in effect prior to or concurrent
with any subsequent development order relating to this site, including but not
limited to site development plans and any other application that will result in the
issuance of a final development order.
E. The Developer, its successors and/or assigns agrees to provide for water
management review and approval as agreed upon between County staff and South
Florida Water Management District staff.
9.3 Exceptions to Subdivision Regulations
A. Street Right-of-Wav Width (Deviation #1)
Street right-of-way width: The minimum right-of-way width to be utilized for
local streets and cul-de-sacs shall be a minimum of fifty (50) feet. Drive aisles
serving multi-family Tract B shall not be required to meet this standard.
B. Dead End Streets (Deviation #2)
Cul-de-sacs may exceed a length of one-thousand (l,000) feet to a distance shown
on the PUD Master Plan.
C. Intersection Radii (Deviation #3)
Intersection radii: Street intersections shall be provided with a mmtmum of
twenty (20) feet radius (face of curb) for all internal project streets and a thirty-
five (35) foot radius for intersections at project entrances.
20
_""0_...___-·'
D. Reverse Curves (Devi~tion #4)
Reverse Curves: Tangent shall not be required between reverse curves on any
project streets.
E. Intersection and Street JOgS (Deviation #5)
Intersection and street jogs shall be constructed in accordance with the layout of
streets on the PUD Master Plan and shall not require tangents.
F. Sidewalks (Deviation #6)
Existing platted lots that are not subject to future subdivision replatting
requirements are not required to provide sidewalks, but portions of the
subdivision to be replatted will require sidewalks. However, a sidewalk is not
required along the eastern edge of the PUD where lots do not front on both sides
of the street, and sidewalks are only required on one side of the street for the two
(2) cul-de-sacs shown on the eastern edge of the PUD. Money in lieu of a
sidewalk will be provided for the sidewalk along US 41. (See also Section 8.14
Transportation. )
21
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NOIJ.dI8~Sll(f 'IV~lI'I - 8 J.I8T1IXlI
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 and correct
copy of:
ORDINANCE 2004-60
Which was adopted by the Board of County Commissioners
on the 21st day of September 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd
day of September, 2004.
,1111111111//.
\ \" t'tiJ 11'1,
DWIGHT E. BROC'tI"·~\'j'¡'~ n.\· L~'"
.¡.\.\'" ",' ........ '(.-
Clerk of court·.;Ù~~:~Cl~·!;:Y¿,.
Ex-officio tÓé:B~;~ ....:
Coun ty Commi s ~.-'fo fJf'."é~ '{:'.'~., : ~
.. v". v.",r~(fñì~ ' """" ~
þJ J_, CL .~::J¡i-i!l.-<~.~.
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J/'-t. '" V ¡l \\"..
By: Linda A. Hou't1!!aeIl'i'\\\
Deputy Clerk