Ordinance 2005-42
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ORDINANCE NO. 05- 42
AN ORDINANCE AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM PUD
TO A MIXED USE PLANNED UNIT DEVELOPMENT
KNOWN AS THE ORANGETREE MPUD, FOR
PROPERTY LOCATED IN SECTIONS 11 AND 14,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 216 ACRES;
PROVIDING FOR THE PARTIAL REPEAL OF
ORDINANCE NUMBER 04-73, THE EXISTING
ORANGETREE PUD ORDINANCE; AND BY
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, the Collier County Public Utilities Division and the Collier é~ñty é~ard of
County Commissioners, represented by Bruce E. Tyson, AICP, of WilsonMiller, Inc., has
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 Sections 11 and
14, Township 48 South, Range 27 East, Collier County, Florida, is changed from "PUD" to
"MPUD," Mixed Use Planned Unit Development, in accordance with the additions and deletions
to Ordinance Number 04-73, the Orangetree PUD as reflected in the PUD Document, attached
hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The
appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended,
the Collier County Land Development Code, islare hereby amended accordingly.
SECTION TWO:
Ordinance Number 04-73, known as the Orangetree PUD, adopted on November 16,
2004, by the Board of County Commissioners of Collier County, Florida, is hereby repealed only
to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the
Orangetree MPUD Document attached hereto as Exhibit" A". All other provisions of Ordinance
Number 04-73 shall remain in full force and effect.
Words struck through are deleted; words underlined are added.
Page 1 of 2
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULjY ADOPT~p by the Board of County Commissioners of Collier
County, Florida, this ~~~y of J t< ð ' 2005.
ATTEST:
DWIGHTE.,.,~ROCK, CLERK
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Approved as to form and
legal sufficiency
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: '1uJ-W. ~
FRED W. COYLE, CHAIR N
~~jL ðh ~¿,d-JJú~'t~
1V1arjo M. Student-StIrlmg
Assistant County Attorney
PUDZ-A -2004-AR -6888/KD/sp
_0. ( .
Words struek through are deleted; words underlined are added.
Page 2 of 2
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ZONING AND DEVELOPMENT DOCUMENT
for
ORANGETREE
And
COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DIVISION
First Amendment
Prepared by:
WilsonMiller, Inc.
Engineers, Planners and Land Surveyors
3200 Bailey Lane at Airoort Road, Suite 200
Naples, Florida 3391234105
PUD Amendment Application
November 22, 1989
Revised February 27, 1991
Revised May 13, 1991
Revised May II, 2004
Revised October 26,2004
Revised 2005
Revised AprilS, 2005
Revised May 12, 2005
Original Z & DD Approval: December 10, 1985
Ordinance Number: 87-13
Approved by CCPC: December 20, 1990
Approved by BCC: June 1991
Ordinance Number: 91-43
Approved by CCPC: March 4, 2004
Approved by BCC: May II, 2004
Ordinance Number: 2004-30
Approved by CCPC: September 16, 2004
Approved by BCC: November 16, 2004
Ordinance Number: 2004-73
Exhibit "A"
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INDEX
PAGE
Index 2
Statement of Compliance 2A
List of Exhibits and Tables 3
SECTION I Property Description 4
SECTION II Project Development 5
SECTION III Agricultural Development 10
SECTION IV Residential Development H-ll
SECTION V CommerciallN eighborhood 16
SECTION VI Golf Course 19
SECTION VII Community Use ~n
SECTION VIII School/Park ~ 23
SECTION IX Public Facilities 25
SECTION IX General Development Commitments 26
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2A
STATEMENT OF COMPLIANCE
The Development of approximatelv 2136.8 acres of property in Collier County, as a Planned Unit
Development. known as Orangetree, will be in compliance with the lZoals, objectives and policies of
Collier County as set forth in the Growth Management Plan. The Development is subject to, and will also
be in compliance with the Binding Letter of Interpretation of Vested Rights Status/Binding Letter of
Interpretation of Modification to a Development of Regional Impact with Vested RightsN ested Rights
Status notification issued bv the Florida Department of Community Affairs on April 8, 1986. The
residential. commercial. agricultural. community facility. public facility and recreational uses of
OranlZetree will be consistent with the growth policies, Land Development relrolations, and applicable
comprehensive planning objectives of each of the elements of the Growth Management Plan for the
following reasons:
1. The subject property's location in relation to existing or proposed community facilities and
services pennits the development's residential density as required in Objective 2 of the Future
Land Use Element.
2. The project development is compatible with and complementary to eXIstmg and future
surroundinlZ land uses as required in Policy 5.4 of the Future Land Use Element.
3. Improvements are planned to be in compliance with applicable land development regulations as
set forth in Objective 3 of the Future Land Use Element.
4. The project development will result in an efficient and economical extension of community
facilities and services as required in Objective 3 of the Future Land Use Element.
5. The project's grOSS density, commercial uses. and other non-residential uses, are consistent with
the Rural Settlement Area desilZnation in the Future Land Use Element and Golden Gate Area
Master Plan of the Growth Management Plan. The Rural Settlement Area District allows the uses
identified in the Orangetree PUD and does not establish maximum densities or intensities.
SHORT TITLE
This Ordinance shall be known and cited as the "Orangetree Planned Unit Development
Ordinance. "
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LIST OF EXHIBITS AND TABLES
EXHIBIT A
EXHIBIT B
TABLE I
TABLE II
TABLE III
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Master Plan
(Prepared by Thomas Lucido & Associates Ref. No. 9020)
Legal Description
Land Use Summary
Estimated Market Absorption Schedule
Development Standards
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SECTION I
PROPERTY DESCRIPTION AND OWNERSHIP
1.01 INTRODUCTION, LOCATION, AND PURPOSE
It is the intent of Amnon Golan, Trustee, Orangetree Associates, (hereinafter called
"Applicant or Developer") to establish a Development on approximately 2,136.87 acres
of property located in Collier County, Florida. The subject property is described as
"North Golden Gate" on Collier County maps and is bounded on the west by Immokalee
Road (CR 846), on the south by Randall Boulevard and is bounded on the north and east
by drainage ways. Oil Well Road (CR 858) runs through the site in an east-west
direction.
1.02 LEGAL DESCRIPTION
Legal Description:
This parcel contains approximately 2,136.87 acres and is platted as North Golden Gate
and recorded in the Public Records of Collier County, Florida as follows:
Unit 1 Plat Book 9 Pages 12-28
Unit 2 Plat Book 9 Pages 39-43
Unit 3 Plat Book 9 Pages 125-142
Unit 4 Plat Book 9 Pages 53-64
Unit 5 Plat Book 9 Pages 65-72
Unit 6 Plat Book 9 Pages 74-78
Unit 7 Plat Book 9 Pages 85-97
Less and except those lands described in Exhibit "B" attached, containing 615.93± acres.
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SECTION II
PROJECT DEVELOPMENT
2.0 I PURPOSE
The purpose of this Section is to generally describe the plan of the development and
delineate the general conditions that will apply to the project.
2.02 GENERAL PLAN OF DEVELOPMENT
The subject parcel is designed as a mixture of agriculture, residential uses, commercial
and community oriented facilities, and recreational elements.
2.03 COMPLIANCE WITH APPLICABLE ORDINANCES
The project is intended to be in substantial compliance with the applicable Collier County
Zoning and Subdivision regulations as well as other Collier County development codes in
effect at the time permits and/or plats are requested.
2.04 SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL
The review and approval of subdivision master plans and construction plans shall follow
the design and development standards and review procedures regulating subdivisions of
the Collier County Ordinances in effect at the time of development. The developer
reserves the right to request exceptions and modifications to the standards set forth in
applicable regulations.
For site development plan approval, the provisions of Subsection 10.02.03 of the Land
Development Code shall apply to the development of platted tracts or parcels of land as
provided in Subsection 10.02.03 prior to the issuance of a building permit or other
development order.
2.05 LAND USES
Table I is a schedule of the intended land use types, with approximate acreages and total
dwelling units indicated. The arrangement of these land use types is shown on the Master
Plan, Thomas Lucido & Associates Ref. No. 9020. Changes and variations in design and
acreages shall be permitted at final design to accommodate topography, vegetation, and
other site conditions. The specific location and size of individual tracts and the
assignment of dwelling units thereto shall be submitted to the Administrator for approval
or denial, as described in Section 2.04 of this document.
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2.06 PROJECT DENSITY
The total acreage of the subject property is approximately 2,136.87 acres. The maximum
number of dwelling units to be built on the total acreage is 2, 100. The number of
dwelling units per gross acre is approximately 0.98. The density on individual parcels of
land throughout the project may vary according to the type of housing placed on each
parcel of land but shall comply with guidelines established in this document.
2.07 PERMITTED VARIATIONS OF DWELLING UNITS
All properties designated for residential uses may be developed at the maximum number
of dwelling units as assigned under Section 2.04, provided that the total number of
dwelling units shall not exceed 2,100. The Administrator shall be notified in accordance
with Section 2.04 of such an increase and the resulting reduction in the corresponding
residential land use types or other categories so that the total number of dwelling units
shall not exceed 2,100.
The maximum number of dwelling units by type as shown in Table I shall not vary by
more than twenty (20) percent in each category. The maximum number of dwelling units
shall include all caretaker's units but does not include the designated hotel rooms.
2.08 DEVELOPMENT SEOUENCE AND SCHEDULE
The applicant has not set "stages" for the development of the property but the property is
to be developed over an estimated 15 year-time period. Any projection of project
development can be no more than an estimate based on current marketing knowledge.
The estimate may, of course, change depending upon future economic factors. Table II
indicates, by phase, the estimated absorption of units for the estimated 15 year
development period.
2.09 RESERV A nON OF NATURAL VEGETATION AND TREE REMOVAL
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the Development Standards outlined in this documents.
2.10 EASEMENTS FOR UTILITIES
Easements shall be provided for water management areas, utilities and other purposes as
may be needed. Said easements and improvements shall be in substantial compliance
with the Collier County Subdivision Regulations in effect at the time a permit is
requested or required.
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities in substantial compliance
with applicable regulations in effect at the time approvals are requested.
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2.11 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULA nONS
Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision
Master Plan review and approval.
2.12 LAKE SITING
As depicted on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, lakes and
natural retention areas have been sited adjacent to existing and planned roadways. The
goals of this are to achieve an overall aesthetic character for the project, to permit
optimum use of the land, and to increase the efficiency of the water management
network. Accordingly, the setback requirements described in Ordinance 80-26, Section
8A, may be reduced with the approval of the County Engineer. Fill material from lakes is
planned to be utilized within the project, however excess fill material may be utilized off-
site, subject to the provisions of the excavation ordinance in effect at the time permits are
sought.
2.13 ROADS
Collector roads will be public roads. Local roads within the development may be either
public or private roads, depending on location, capacity, and design.
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LAND USE SUMMARY
TABLE I
SYMBOL
DESCRIPTION UNITS
Agriculture *2
Golf Course *2
Residential 143
Residential 1797
Residential 160
Community Use
Public Facility
Utility
SchoollPark
APPROXIMATE ACREAGE
AG
~ 131*1
GC
200*3
R-l
110
R-2
586
R-3
30
CU
&é 155
PF
147
U
15
SP
:Jé 171
CN
Neighborhood (Max. 60,000
Commercial S.F. plus motel units)
22
RW
Right-of- W ay
149.8
LAKE
Total 2,100
420
2,136.8+*4
NOTE: The projected total unit summary represents one possible residential mix to yield 2, I 00
units. Should there be an increase of units in any residential category, there would be a
corresponding decrease in other categories to maintain a maximum total of 2, 1 00 units.
R-l One-half acre lots - single family.
R-2 Detached and attached single family. duplex and triplex, cluster homes, zero lot line,
villas, patio homes, townhouses.
R-3 Cluster homes, zero lot line villas, patio homes, townhouses, garden apartments (2-story
max.).
* I Includes agricultural reservoirs.
*2 Approved breakdown of agriculture and golf course lands.
*3 Includes golf course related lakes.
*4 Based on actual survey , of acreage.
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ESTIMATED MARKET ABSORPTION SCHEDULE
TABLE II
YEAR DWELLING UNIT CUMULATIVE
PRODUCTION TOTAL
0 0
2 70 70
3 100 170
4 140 310
5 160 470
6 160 630
7 160 790
8 165 955
9 165 1,120
10 165 1,285
II 165 1,450
12 165 1,615
13 165 1,780
14 160 1,940
15 160 2,100
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SECTION III
AGRICULTURAL DEVELOPMENT
3.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the
PUD Master Plan, Thomas Lucido & Associates Ref. No. 9020 as AG.
3.02 GENERAL DESCRIPTION
The AG District is intended to apply to those areas, the present or prospective use of
which is agricultural, pastoral or rural in nature. This district is designed to accommodate
both traditional agricultural uses and techniques, and conservation measures where
appropriate, and public educational plants and ancillary plants, while protecting the rural
areas of the County. The regulations in this district are intended to permit a reasonable
use of the property, while at the same time prevent the creation of conditions which
would seriously endanger, damage, or destroy the agricultural base of the County, or
environmental resources, potable water supply, or the wildlife resources of the County.
To this end, the use of drip-irrigation techniques or any other low volume irrigation, like
microjet, shall be implemented for agricultural uses (golf course excepted) in this district.
3.03 PERMITTED USES AND STRUCTURE
A. Permitted Principal Uses and Structures:
I) Agricultural activities, such as field crops, reservoirs/lakes, orchards,
horticulture, fruit and nut production.
2) Educational plants:
An "Educational Plant" comprises the educational facilities, site and site
improvements necessary to accommodate students, facility,
administrators, staff, and the activities of the educational program of each
plant that is operated by the Collier County School Board.
B. Conditional Uses:
I) Ancillary plants:
An "Ancillary Plant" is comprised of the building, site and site
improvements necessary to provide such facilities as vehicle maintenance,
warehouses, maintenance, or administrative buildings necessary to provide
support services to an educational program operated by the Collier County
School Board.
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C. Permitted Accessory Uses and Structures:
I) Accessory uses and structures which are incidental to and customarily
associated with uses permitted in the district.
2) On-site retail sales of farm products primarily grown on the farm.
3) Caretakers residences.
D. Permitted UseslConditional Uses Requiring Site Development Plan Approval:
I. Packing Houses
2. Public educational plants and ancillary plants
E. Development Standards for Educational Plants and Ancillary Plants:
I. In accordance with the Interlocal Agreement between the Board of County
Commissioners and the Collier County School Board adopted May 16, 2003,
set forth in the LDC or its successor ordinance.
2. Building height shall be a maximum of forty-eight (48) feet for principal
structures and thirty-six (36) feet for accessory structures.
3. All required buffers for the School Board's property shall be in place by
December 31, 2004.
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SECTION IV
RESIDENTIAL DEVELOPMENT
4.0 I PURPOSE
The purpose of this Section is to set forth general regulations for the areas designated on
the Master Plan Thomas Lucido & Associates Ref. No. 9020 as Residential (R-l to R-3).
4.02 MAXIMUM DWELLING UNITS
A maximum number of 2,100 dwelling units may be constructed on lands designated as
Residential (R-l to R-3) except as permitted by Section 2.07.
4.03 GENERAL DESCRIPTION
Areas designed as Residential (R-l to R-3) Thomas Lucido & Associates Ref. No. 9020
are designed to accommodate a full range of residential dwelling types, recreational
facilities, essential services, customary accessory uses, and compatible land uses such as
religious, governmental, and educational facilities provided such uses meet the
development standards as set forth in this document.
Four residential land use categories have been identified on the Master Plan. The R-l
designation includes approximately 110 aces and will accommodate single family
development on one-half acre lots. The R-2 designation includes approximately 586
acres and will provide for both conventional detached and attached single family
development. The R-3 designation includes approximately 30 acres of low density
cluster and multi-family development.
4.04 PERMITTED PRINCIPAL USES AND STRUCTURES
R-l
· Detached single family homes
· Model units
· Recreational facilities, parks, lakes and water management facilities
R-2
· Detached and attached single family homes
· Duplex and triplex units
· Cluster homes, zero lot line, villas, patio homes, townhouses
· Model units
· Recreational facilities, parks, lakes and water management facilities
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R-3
· Cluster homes, zero lot line, villas, and patio homes
· Townhouses
· Garden apartments, low rise multi-family
· Recreational facilities, parks, lake and water management facilities
4.05 PERMITTED ACCESSORY USES AND STRUCTURES
· Accessory uses and structures customarily associated with uses permitted in this
district
· Essential services and facilities
· Guest homes in R-l areas on lots one acre or larger in size
4.06 PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN
APPROVAL UNDER SECTION 2.04
· Religious facilities
· Civic and cultural facilities
· Educational facilities
· Private Clubs
· Child care centers - owner occupied
· Rest homes, foster homes, rehabilitation center, hospices
· Other non-residential uses customary in residential districts
4.07 DEVELOPMENT STANDARDS
The following Sections set forth the development standards for permitted uses within the
subject parcel.
a. Standards for landscaping, signs, parking and other land uses not specified herein
are to be in accordance with Collier County Zoning Regulations in effect at the
time permits are requested. Unless otherwise indicated, setback, height, and floor
area standards apply to principal structures.
b. Roadway setbacks shall be measured as follows:
I. If the parcel is served by a public right-of-way, setback is measured from
the adjacent right-of-way line.
2. If the parcel is served by a private road, setback is measured from the road
easement or parcel line.
3. If the multi-family parcel is served by a private drive, setback is measured
from the back of curb or edge of pavement, whichever is greater.
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DEVELOPMENT STANDARDS
nRn Residential Areas
TABLE III A
Permitted Uses R-l Villas, Single Low Rise
Standards Detached Patio & Family and Garden R-2
Cluster Attached Apartments Detached
Homes Townhouse
Minimum Site
Area Y2-AC 3000 SF 3000 SF 6000 SF
x units
Site Width
Min. A vg. 120 60
Front Yard
Setback 30 20 20 25 25
Side yard
Setback 20 o or 10 o or 10 15 5.5
Rear Yard
Setback 25 15 25 30 20
Rear Yard
Setback Acsry. 0 0 0 0 5
Max. Building
Height 25 25 25 25 25
Dist. Between
Principal Str. NIA NIA .5 SBH .5 SBH NIA
Floor Area
Minimum (S.F). 1200 750 900 750 1000
SITE DEPTH AVERAGE: Determined by dividing the site area by the site width:,
SITE WIDTH: The average distance between straight lines connecting front and rear parcel
lines at each side of the site, measured as straight lines between the foremost points of the side
parcel lines in the front (at the point of intersection with the ITont parcel line) and the rearmost
point of the parcel lines at the rear (point of intersection with the rear parcel line ).
SBH: (Sum of Building Height): Combined height oftwo adjacent buildings for the purpose of
determining setback requirements.
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DEVELOPMENT STANDARDS
~'R" Residential Areas
TABLE In B
PERMITTED USES EDUC. CIVICI RELIGIOUS PRIV A TE OTHER
STANDARDS FACILITIES CULTURAL FACILITIES CLUB USES
FACILITIES NOT
LISTED
Minimum Site As determined during the Per County
Area process under Section 2.04. Regulations
in effect at the
Site Width As determined during the time a permit is
Min. A vg. process under Section 2.04. requested.
Site Depth As determined during the
Min. A vg. process under Section 2.04.
Front Yard 40 40 40 30
Setback
Side Yard 30 30 30 20
Setback
Lake Bank 20 20 20 20
Setback
Rear Yard 30 or BH 30 or BH 30 or BH 30
Setback
Rear yard 10 10 10 10
Setback Acsry.
Max Building 25 25 25 25
Height (Ft.)
Dist. Between .5 SBH .5 SBH .5 SBH .5 SBH
Principal Str.
Floor Area 1000 1000 1000 1000
Minimum (S.F.)
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SECTION V
CN - COMMERCIALlNEIGHBORHOOD
5.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on
Thomas Lucido & Associates Ref. No. 9020, as 'CN'. The CN tract is intended to
provide residents with conveniently located commercial facilities and services that are
typically required on a regular basis.
5.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1) Antique shops; appliance stores; art studios; art supplies; automobile parts
stores; automobile service stations, without major repair; agricultural
supply stores.
2) Bakery shops; banks and financial institutions; barber and beauty shops;
bath supply stores; blue print shops; bicycle sales and services; book
stores.
3) Carpet and floor covering sales (including storage and installation); child
care centers; churches and other places of worship; clothing stores;
confectionery and candy stores; convenience commercial establishments.
4) Delicatessen; drug stores; dry cleaning shops; dry good stores.
5) Electrical supply stores.
6) Fish stores; florist shops; food markets; furniture stores; furrier shops and
fast food restaurants.
7) Gift shops; gourmet shops;
8) Hardware stores; health food stores; hobby supply stores; homes for the
aged; hospices.
9) Ice cream stores; ice sales; interior decorating showrooms.
10) Jewelry stores.
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II) Laundries - self - service; leather goods and luggage stores; locksmiths
and liquor stores.
12) Meat market; medical office or clinic for human care; millinery shops;
motel, hotel and transient lodging; music stores.
13) Office (retail or professional); office supply stores.
14) Park and ride, paint and wallpaper stores; pet shops; pet supply stores;
photographic equipment stores; post office.
15) Radio and television sales and services; excluding satellite dishes and
antennas; restaurants, including fast foods; small appliance stores; shoe
sales and repairs; restaurants.
16) Souvenir stores; stationery stores; supermarkets and sanatoriums.
17) Tailor shops; tobacco shops; toy shops; tropical fish stores.
18) Variety stores; veterinary offices and clinics (no outside kenneling).
19) Watch and precision instrument sales and repair.
20) Water management facilities and essential services.
21) Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
("BZA").
B) Permitted Accessory Uses and Structures
I) Accessory uses and structures customarily associated with the uses
permitted in this district.
2) Caretaker's residence.
5.03 DEVELOPMENT STANDARDS
A) Minimum Site Area: As approved under Section 2.04.
B) Minimum Site Width: As approved under Section 2.04.
C) Minimum Yard Requirements from parcel boundaries:
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Abutting non-residential areas: Twenty.;.five (25) feet.
Abutting residential areas: Thirty-five (35) feet in which as appropriately
designed and landscaped buffer shall be provided, as determined under Section
2.04, and in which no parking shall be permitted.
D) Distance between principal structures: None, or a minimum of five (5) feet with
unobstructed passage ITom ITont yard to rear yard.
E) Maximum Height of Structures: Twenty-five (25) feet above the finished grade
of the site.
F) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet
per building on the ground floor.
G) Minimum standards for signs, parking, lighting, and landscaping shall be in
conformance with applicable Collier County regulations in effect at the time
permits are sought.
H) A maximum of sixty thousand square feet (60,000 s.f.) of leasable commercial
building floor area shall be permitted in the CN district, exclusive of motel use.
I) No outside display or storage shall be permitted.
J) Maximum density for motel, hotel, and transit lodging shall be 26 units per acre.
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SECTION VI
'GC' GOLF COURSE
6.01 GOLF COURSE DISTRICT
The Golf Course District is intended to provide for an 18-hole gold course within the
project.
6.02 PERMITTED LOCATIONS
It is recognized that golf courses provide open space for an entire community and serve a
variety of functions including important water management functions. Therefore, the
Golf Course District shall be a floating use and may be located within the Agricultural or
Residential Districts, provided that the density of residential development shall not be
substantially effected.
6.03 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, constructed, reconstructed, or
structurally altered which is designed, arranged, used or intended to be used or occupied,
or land or water used, in whole or in part, upon that portion of the subject parcel
designated as Golf Course District for one or more of the following uses:
A. Permitted principal Uses and Structures
I) Golf Course
2) Racquetball, handball, tennis and other similar types of court(s).
3) Recreation clubs, clubhouse(s), and facilities, including the serving of
alcoholic beverages.
4) Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
("BZA").
B. Permitted Accessory Uses and Structures
I) Pro-shop, practice driving range, golf learning centers, golf course
shelters, and other customary accessory uses of Golf Courses, Tennis
Clubs, or other recreational facilities.
2) Non-commercial plant nursery.
3) Maintenance shops and equipment storage.
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4) Accessory uses and structures customarily associated with the uses
permitted in thi~ District.
5) Snack bars.
6) A maximum of two (2) residential units in conjunction with the operation
of the golf course.
7) Small commercial establishments, including gift shops, golf and tennis
equipment sales, restaurants, cocktail lounges, and similar uses, intended
to serve patrons of the golf course(s) or tennis club(s) or other permitted
recreational facilities.
6.04 DEVELOPMENT REGULATIONS FOR GOLF COURSE DISTRICT
The purpose of this Section is to detail the development regulations for the Golf Course
District.
A. Maximum Height: - 25'
B. Overall site design shall be harmonious in terms of landscaping, locations of
structures, locations of access streets and parking areas, and location and
treatment of buffer areas.
C. Buildings shall be set back a minimum of fifty (50) feet from abutting residential
neighborhoods and the setback area shall be landscaped. Tennis courts shall be
set back a minimum of five (5) feet from parcel boundaries.
D. Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare.
6.05 SITE PLAN APPROVAL REQUIREMENTS
A. A plan of the golf course shall be approved in accordance with Section 2.04 prior
to construction.
B. Plans for all principal and all accessory uses shall be submitted to the
Administrator for approval in accordance with Section 2.04.
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SECTION VII
COMMUNITY USE
7.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the Master
Plan, Thomas Lucido & Associates Ref. No. 9020, as CU, Community Use.
The site includes M 155 acres, has been dedieated is owned by to Collier County and may be
used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's
park site dedication requirements for the project. 1\11 additional Of this total, 31 acres shall be
are used for CU by Collier County for the expansion of the Collier County Fair Grounds.
7.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water used,
in whole or in part, for other than the following:
· Parks and playgrounds
· Bicycle, hiking and nature trails
· Recreational shelters and restrooms
· Recreational fields, sports facilities and courts
· Passive recreational facilities
· Docks and small boat rentals
· Community centers
· Restaurant or snack bar in conjunction with recreational activities
· Water management facilities and essential services
· Collier County Fair Grounds
· State of Florida Forestry Department facilities
· Fire State Site
· Household waste and recycling facilities
· Other governmental facilities
· Park and ride facilities
· Any other use which is comparable in nature with the foregoing list of permitted principal
uses, as determined by the Board of Zoning Appeals ("BZA").
· Continuation of orange !?J'ove activity until development occurs on the property or on
undeveloped portions of the property as provided for in Section III, Agricultural
Development.
7.03 DEVELOPMENT STANDARDS
A. Minimum site area: None
B. Minimum setback from tract boundaries: 50', except that household waste
and recYcling facilities shall be set back 100' from abutting residential districts.
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C. Minimum setback fÌ'om road right-of-way: 25'
D. Maximum height of structures: 25' (except fIre observation tower)
E. Minimum distance between buildings: ~ the sum of their heights
&. Minimum standards for parking, lighting, signs, and landscaping shall conform
with applicable Collier County regulations in effect at the time permits are sought.
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SECTION VIII
'SP' SCHOOL/PARK
8.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the
Master Plan, Thomas Lucido & Associates Ref. No. 9020, 'SP' SchoollPark.
The SP site includes 25 acres reserved for use as a school site and associated park
facilities.
This site shall be dedicated to the Collier county Public School District at the
convenience to the developer, or when requested by the School District, whichever
occurs first. The site shall be provided with potable water and sanitary sewer service in
conformance with this documents and all applicable standards and requirements.
An additional II acres is reserved for use as a community recreational park as shown on
the Master Plan.
8.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
1) Elementary or middle school and facilities
2) Parks and playgrounds
3) Bicycle, hiking and nature trails
4) Recreational shelters and restrooms
5) Recreational fields, sports facilities and courts
6) Water management facilities and essential services
7) Any other use which is comparable in nature with the foregoing list of permitted
principal uses as determined by the Board of Zoning Appeals ("BZA").
8.03 DEVELOPMENT STANDARDS
1) Minimum Site Area: As approved under Section 2.04
2) Minimum Site Width: As approved under Section 2.04
3) Minimum Yard Requirements:
30' from all 'SP' tract boundaries for principal structures
20' from lake banks
4) Maximum Height: 25'
5) Minimum Floor Area of Principal Structures: One thousand (1000) square feet
per building on the first habitable floor.
6) Distance Between Principal Structures: ~ the sum of the building heights or 30',
whichever is greater. Minimum standards for signs, parking, lighting, and
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landscaping shall be in conformance with applicable Collier County regulations in
effect at the time permits are sought.
7) Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare or other interference.
8) Prior to development, a development plan for the tract shall be approved m
accordance with Section 2.04.
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9.01 PURPOSE
SECTION IX
PUBLIC FACILITIES
The puroose of this Section is to set forth the regulations for the areas designated on the
Master Plan as PF. Public Facilities.
The site includes 147 acres, is owned by Collier County and may be used for the
purooses set forth below and shall satisfy the Collier County Comprehensive Plan's
requirements for public facilities.
9.02 PERMITTED USES AND STRUCTURES
The following uses are permitted within the PD district:
l.} Water treatment plants
£1 Wastewater reclamation plants
J2 Administrative facilities common to treatment plant
±ì Raw water wells
21 Injection wells
ill Stormwater management facilities
11 Accessory structures including: but not limited to maintenance faciJities, fueling
facilities, communications towers, and other accessory facilities commonlv
associated with water treatment and water reclamation facilities.
ID Continuation of orange grove activity until development occurs on the property or
on undeveloped portions of the property as provided for in Section III.
Agricultural Development.
9.03 DEVELOPMENT STANDARDS
l.} Minimum site area: None
£1 Minimum setback from tract boundaries:
100' for water and water reclamation facilities,
50' for common administrative facilities,
15' for all other facilities
J2 Minimum setback from road right-of-way: 25'
±ì Maximum height of structures: 60'
21 Minimum distance between buildings: 10'
ill Minimum standards for parking. lighting, signage, and landscaping shall conform
with the applicable Collier County regulations in effect at the time permits are
sought.
11 Minimum setback for communications towers: one half of the tower height
adiacent to residentially zoned property.
ID The Public Facilities portion of the PUD shall be consistent with the Growth
Mana~ement Plan regarding potential future interconnections.
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SECTION IX
GENERAL DEVELOPMENT COMMITMENTS
109.01 PURPOSE
The purpose of this Section is to set forth the general development commitments for the
project.
109.02 DEVELOPMENT COMMITMENTS
A. ENERGY
I) Construction shall comply with applicable local and state energy codes.
2) Reasonable "good faith" efforts to utilize state-of-the-art energy
conservation techniques shall be made with practically and economically
feasible. Such techniques may include, but shall not be limited to the
following:
a. Provision of bicycle racks and/or storage facilities in office and
commercial areas and in multi-family residential areas.
b. Cooperation in the locating of bus stops, shelters and other
passenger and system accommodations when a transit system is
developed to serve the project area.
c. Use of energy-efficient features in window design (e.g., shading
and tinting).
d. Use of operable windows and ceiling fans.
e. Installation of energy-efficient appliances and equipment.
f. Reduced coverage by asphalt, concrete, rock and similar
substances in streets, parking lots and other areas to reduce local
air temperatures and reflected light and heat.
g. Installation of energy-efficient lighting for streets, parking areas,
recreation areas and other interior and exterior public areas.
h. Selection of native plants, trees and other vegetation and landscape
design features that reduce requirements for water, fertilizer,
maintenance and other needs. '
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1. Planting or retention of native shade trees to provide reasonable
shade for all recreation areas, streets and parking areas.
J. Placement of trees to provide needed shade in the warmer months
while not overly reducing the benefits of sunlight in the cooler
months.
k. Planting or retention of native shade trees for each residential unit.
1. Orientation of structures, as possible, to reduce solar heat gain by
walls and to utilize natural cooling effects of the wind.
m. Provision for structural shading (e.g., trellises, awnings and roof
overhangs) wherever practical when natural shading cannot be
used effectively.
n. Inclusion of porch/patio areas in residential units.
3) Deed restrictions and other mechanisms shall not prohibit or prevent the
use of alternative energy devices such as solar collectors (except when
necessary to protect the public health, safety and welfare).
B. AIR QUALITY
1) The developer shall comply with applicable codes and apply for required
permits relative to air quality, where such permits are required.
C. TRANSPORTATION
I) Road impact fees shall be paid in accordance with Collier County
Ordinance 01-13, or Division 3.15 of the Land Development Code, as
amended.
2) The developer shall provide separate left and right turn lanes on
Immokalee Road as the project's access if deemed necessary by either the
Transportation Operations Director or Transportation Engineer, and shall
fund one hundred percent of the capital cost of any traffic signals
associated with the ingress and egress when deemed warranted by the
County Traffic Operations Engineer. The signal shall be owned, operated
and maintained by Collier County.
3) The developer shall bear the entire cost of all traffic signals which may
become needed at intersections within the project. .
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D. WATER MANAGEMENT
1) A master/conceptual water management system design shall be submitted
to and approved by the Water Management Advisory Board prior to the
submittal of construction plans to the County Engineer.
2) Detailed water management construction plans shall be submitted for
approval to the County Engineering Department prior to commencement
of construction.
3) Surface Water Management Permits shall be obtained from the South
Florida Water Management District prior to the commencement of
development.
4) The water management for the Orangetree project shall implement water
quality "best management practices" to the extent possible.
5) An Excavation Permit will be required for the proposed lakes in
accordance with Collier County Ordinance No. 80-26, as amended by
Ordinance No. 83-3, and as may be amended in the future.
6) Reservoirs/lakes wholly located in agriculturally designated land may vary
from typical construction specifications of County Ordinance No. 88-26 as
approved by the Board of County Commissioners through the excavation
permit process. If the use of the land surrounding the agricultural
reservoirs/lakes is ever changed to a use other than agriculture, all areas of
the reservoirs/lakes will be required to meet standards specified in the
County Excavation Ordinance in effect at that time.
E. WATER AND SEWER
1) Water Facilities - Developer shall provide an on-site potable water source
and shall construct an on-site potable water treatment plant and
distribution system. The system shall be designed and constructed, by
phases if desired, to serve all developed portions (agricultural areas
excluded) of the project; including flows adequate to provide fire
protection. All components shall be designed and constructed in
accordance with applicable Collier County and State of Florida
requirements.
2) Sewer Facilities - Developer shall construct an on-site sewage treatment
plant and sewage collection and transmission system to serve all
developed portions. Treatment plant shall provide treatment levels,
pursuant to Chapter 17 -6.040( q), Florida Administràtive Code, required to
allow use of treated effluent in the proposed on-site drip irrigation system.
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All components shall be designed and constructed in accordance with
applicable Collier County and State of Florida requirements.
During the time that the Developer operates the sewage treatment plant,
data required pursuant to County Ordinance No. 80-112 showing the
availability of sewage service will be submitted for approval by the
Utilities Division prior to approval of the construction documents for the
project and for all building permits required. Copies of the approved DER
permits for the sewage collection and transmission systems and the on-site
wastewater treatment facility shall be submitted upon receipt to the
Utilities Division.
3) Plans Approval - All construction plans and technical specifications and
proposed plans, if applicable, for the proposed water distribution and
sewage collection and transmission facilities must be reviewed and
approved by the Utilities Division prior to commencement of construction.
Detailed hydraulic design reports covering the complete water and sewer
systems to serve the project will be submitted with the construction
documents for the project. These reports shall list all design assumptions,
demand rates and other factors pertinent to the systems under
consideration.
Prior to approval of construction documents by the Utilities Division, the
Developer will present verification, pursuant to Chapter 367, Florida
Statutes, that the Florida Public Service Commission has granted territorial
rights to the Developer to provide sewer and/or water service to the project
until the County can provide these services through its water and sewer
facilities.
Upon completion of construction the water and sewer facilities will be
tested to insure they meet Collier County's minimum requirements, a
comprehensive inspection of the facilities made by the Utilities Division
and record drawings of the facilities filed with the Utilities Division.
Any utility entity established to serve or serving the project shall also be
bound by these General Development Obligations concerning the
provision of water and sewer related utilities to the project.
4) Facilities Ownership and Conveyance - It is understood by Developer that
Collier County may, at some future time, desire to serve the project water
and sewer services. To that end, Developer freely and voluntarily agrees
to convey at no cost all water and sewer treatment plants and
distribution/collection and transmission system components to Collier
County. Notwithstanding anything herein to the contrary, the County in
turn will agree not to make formal request to serve the project with water
or sewer related services until on or after January 1,2001. In that regard,
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Developer and any interim utility established to serve the Project shall
enter into a specific agreement with and acceptable to County which
outlines the pro.cedures, covenants, obligations and responsibilities arising
from these General Development Obligations concerning the provision of
water and sewer related utilities to the project.
Once the water/sewer systems have been conveyed to Collier County, any
required expansions to the on-site water treatment plant or sewage
treatment plant shall be the responsibility of Collier County and shall be
accomplished as required to meet project demand, at the expense of
Collier County. All required expansions of the water distribution/sewage
collection systems shall be the responsibility of the Developer, and shall
be designed and constructed to Collier County and State of Florida
requirements. On completion of construction, the facilities will be tested
to insure they meet Collier County's minimum requirements, at which time
they will be conveyed or transferred to the County, when required by the
Utilities Division, pursuant to appropriate County Ordinances and
Regulations in effect at the time of conveyance or transfer is requested,
prior to being placed into service.
5) Rights-of-way/Easements - All components of the water and sewer
systems that may be conveyed to Collier County including treatment
plants, shall be constructed within public rights-of-way or on lands owned
or controlled by Developer for which Developer can provide utility
easements to Collier County. All water and sewer facilities constructed on
private property and not required by the County to be located within utility
easements shall be perpetually owned, operated and maintained by the
Developer, his assigns or successors. At the time of system conveyance
Developer shall provide all required easements.
At such time as Collier County discontinues operation of the on-site water
or sewer plants, the plant site shall be conveyed back to the developer by
applicable statutory deed and site utility easements shall be vacated,
except that an easement shall be reserved for any connecting facilities
required, pursuant to paragraph 6).
6) Connection to county Water and/or Sewer Facilities - AU construction
plans and technical specifications related to connections to the County's
off-site water and/or sewer facilities will be submitted to the Utilities
Division for review and approval prior to commencement of construction.
Upon connection to the County's off-site water facilities, and/or sewer
facilities, the Developer, his assigns or successors shall abandon,
dismantle and remove from the site the interim' water and/or sewage
treatment facility and discontinue use of the water supply source, if
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applicable, in a manner consistent with State of Florida standards. All
work related with this activity shall be performed at no cost to the County.
Connection to the County's off-site water and/or sewer facilities will be
made by the Developer, their assigns or successors at no cost to the
County within 120 days after such facilities become available at the
project site. The cost of connection shall include, but not be limited to, all
engineering design and preparation of construction documents, permitting,
modification or refitting of sewage pumping facilities, interconnection
with County off-site facilities, water and/or sewer lines necessary to make
the connection( s).
7) Customers - All customers connecting to the water distribution and
sewage collection facilities will be customers of the developer or the
interim utility established to serve the project until Collier County makes
formal request for dedication of the water and sewer systems. At that
time, the customers served on an interim basis by the utility system
constructed by the Developer shall become customers of the County.
Prior to connection of the project to the County's off-site water and/or
sewer facilities, or the County assuming operation and maintenance
responsibility for the water and/or sewer systems the Developer,1 and/or his
assigns, or successors shall turn over to the County a complete list of the
customers served by the interim utilities system and shall not compete
with the County for the service of those customers.
The Developer shall also provide the County with a detailed inventory of
the facilities served within the project and the entity which will be
responsible for the water and/or sewer service billing for the project.
8) System Development Charges - During that period of time that the water
and sewer utility system is owned, operated and maintained by Developer,
Developer may charge a system development charge to each connecting
customer in an amount as approved and allowed by the Florida Public
Service Commission (PSC).
Developer agrees to pay all applicable system development charges or
impact fees at the time that building permits are required, pursuant to
County ordinances and regulations then in effect. As well, Developer
acknowledges that upon connection of the interim facility to the off-site
treatment and transmission facilities operated and maintained by the
County that all owners of existing properties characterized as new users
and subject to the imposition of either a water or sewer impact fee will be
required to pay system development charges or impact fees for such new
use. On the other hand, buildings, structures, or improvements, either
existing or which have been issued a building permit for which
construction is proceeding in good faith, shall not be required to pay a
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water or sewer impact fee, whichever the case, if at the time the County
formally and of its own volition'resolves to provide the Project with water
or sewer related services, the Board of Commissioners, in good faith,
expressly declares its intention to operate the water or sewer utility
treatment facilities as a part of its regional system, or as a stand alone
system without an intention to immediately dismantle and disconnect from
the existing on-site treatment facilities. Notwithstanding the provisions of
this subparagraph 8 a subsequent ordinance of general application,
effective at the time of connection of the interim facility to the off-site
treatment and transmission facilities operated and maintained by the
County which has contrary or differing provisions relative to the
imposition of water and/or sewer system development charges or impact
fees, shall be construed as superseding the applicable provisions of this
subparagraph 8.
9) Developer shall be allowed up to ten (10) temporary private wells and
individual sewage disposal systems as areas are developed prior to
construction or expansion of the central systems. All such temporary
facilities shall comply with applicable state and county regulations and
shall acquire required permits.
F. ENVIRONMENTAL
I) A site clearing plan shall be submitted to the Environmental Services
Department Staff for its review and approval prior to any substantial work
on the site. This plan may be submitted in phases to coincide with the
development schedule. The site clearing plan shall clearly depict how the
final site layout incorporates retained native vegetation to the maximum
extent possible and how roads, buildings, lakes, parking lots, and other
facilities have been oriented to accommodate this goal.
2) Native species shall be utilized, where available, to the maximum extent
possible in the site landscaping design. A landscaping plan will be
submitted to the Environmental Services Department Staff for its review
and approval. This plan will depict the incorporation of native species and
their mix with other species, if any. The goal of site landscaping shall be
the re-creation of native vegetation and habitat characteristics lost on the
site during construction or due to past activities.
3) All exotic plants, as defined in the County Code, shall be removed during
each phase of construction from development areas, open space areas, and
preserve areas. Following site development, a maintenance program shall
be implemented to prevent reinvasion of the site by such exotic species.
This plan, which will describe control techniques and inspection intervals,
shall be filed with and approved by the Environmental Services
Department Staff.
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4) If, during the course of site clearing, excavation, or other constructional
activities, an archaeological or historical site, artifact, or other indicator is
discovered, all development at that location shall be immediately stopped
and the Environmental Services Department Staff notified. Development
will be suspended for a sufficient length of time to enable the
Environmental Services Department Staff or a designated consultant to
assess the find and determine the proper course of action in regard to its
salvageability. Environmental Services Department Staff will respond to
any such notification in a timely and efficient manner so as to provide
only a minimal interruption to any constructional activities.
.22 Collier County raw water wells. that do not draw water from the surficial
aquifer system shall be located according to the requirements of Chapter
6R of the Florida Administrative Code. Wells that do not draw water from
the surficial aquifer system shall be considered unregulated wells.
G. EDUCA TION
1) The project shall fully mitigate its fiscal impacts by donating a 25 acre
parcel to the Collier County Public School District to be utilized as a
school site.
2) Future development of the educational facilities within this PUD Zoning
District shall be subject to the two Interlocal Agreements between the
Board of County Commissioners of Collier County, Florida and the
Collier County School Board to establish educational plant and ancillary
plant site development review processes.
H. FIRE PROTECTION
1) The developer commits to providing a central water system to all
residential and commercial facilities which is capable of providing fire
flow capacities as required by Collier County.
2) Building heights shall be limited to twenty-five (25) feet for all habitable
structures in accordance with Corkscrew Fire District's equipment
capabilities.
I. FISCAL
The developer has agreed to dedicate a school site to the School Board, and to
donate fifty-five (55) acres to the County for public use purposes, including the
Collier County Fairgrounds. The Developer has also dònated $25,000 to the
Corkscrew Fire District for equipment on August 3, 1987. These donations shall
mitigate the project's fiscal impacts.
- 34-
109.03 DEVELOPMENT PLAN
A. The Master Plan, Thomas Lucido & Associates Ref. No. 9020, is an illustrative
preliminary development plan.
B. The design criteria and layout illustrated in the Master Plan shall be understood as
flexible so that the final design may best satisfy the project and comply with all
applicable requirements.
C. Minor design changes shall be permitted subject to County staff administrative
approval.
109.04 AMENDMENT
Amendments of this PUD Document, or of the Master Land Use Plan, shall be
accomplished according to the procedures set forth by Collier County for amendments to
a planned unit development.
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70001-204-001_ EWRK- 28106
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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 2005-42
Which was adopted by the Board of County Commissioners
on the 26th day of July 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of July, 2005.
DWIGHT E. BROCK . ......:::;:"
Clerk of Courts and,,'èrè{t~~,'> ?.¡ _">.
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Ex-officio to Boar~:LÓf' . -", ";.'.
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C0fu: CO¡:::;l~Þ~: +G!'; .
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By: nn enneyo n, "" '. ~¡1 :,~~';.'
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Deputy Clerk 0;,.. ..' '
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