Ordinance 99-09 128
ORDINANCE NO. 99- 9
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER
8627S; BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS WYNDHAM PARK PUD FOR SINGLE FAMILY AND
MULTI-FAMILY RESIDENTIAL LAND USES, LOCATED ON THE
WEST SIDE OF C.R.951 APPROXIMATELY 0.6 MILE SOUTH
OF IMMOKALEE ROAD (C.R. 846) IN SECTION 27,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 120.85± ACRES; AND BY
PROVIDINGAN EFFECTIVE DATE.
WHEREAS, Michael R. Fernandez, AICP of Planning Development
Incorporated, representing Mastercraft Homes, Ltd., petitioned
the Board of County Commissioners to change the zoning
classification of the herein described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
The zoning classification of the herein described real
property located in Section 27, Township 48 South, Range 26 East,
Collier County, Florida, is changed from "A" Agriculture to "PUD"
Planned Unit Development in accordance with the Wyndham Park PUD
Document, attached hereto as Exhibit "A" and incorporated by
reference herein. The Official Zoning Atlas Map Number 8627S, as
described in Ordinance Number 91-102, the Collier County Land
Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ~ day
1999.
~',"t~.\,~ :~, ~ i~ jtii'~!! BOARD OF COUNTY COMMISSIONERS
,,,.,~ ~I ~i~-~ COLLIER COUNTY, FLORIDA
.-~.: '..' '.,' ...., .'
~ttest a~
S:acret<~' o'~: ' "~1; '"
and Legal Sufficiency
Marj or~ ~. Student
Aesistant County Attorney
f/PUD-98-7 ORDINANCE/
2
WYNDHAM
PARK
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
Prepared For:
Mastercraft aomes, LTD.
93 1 ! College Parkway . ,,
Ft. Myers, Florida !3EC,
Prepared By:
Michael R. Femandez, A1CP
of
Banks Engineering, !no./Planning Development Incorporated
Joi.t Ve.t~re P U D 9 8- 7
5133 Castclio Drive Suite 2
Naples, Florida 34103
941 / 263-6934
DATE APPROVED BY BCC ,~,~/?;/9
ORDINANCE NUMBER L 2
AMENDMENTS AND REPEAL
DOCUMENT DATE 12.04.98
Exhibit A
TABLE OF CONTENTS
PAGE THRU PAGE
TABLE OF CONTENTS ii
LIST OF EXHIBITS AND TABLES iii
STATEMENT OF COMPLIANCE iv v
SECTION
I PROPERTY OWNERSHIP &DESCRIPTION 1-1 1- 2
II PROJECT DEVELOPMENT REQUIREMENTS 2-1 2- 8
III LOW TO MEDIUM DENSITY
RESIDENTIAL AREAS PLAN 3-1 3- 6
VI DEVELOPMENT COMMITMENTS 4-1 4- 4
ii
LIST OF EXHIBITS AND TABLES
EXHIBIT A PUD Master Plan Exhibit
EXHIBIT B PUD Location Map
EXHIBIT C Water Management Concept Plan
TABLE I Wyndham Park Estimated Land Use Summary
TABLE II Summary of Development Standards for All Residential Structures
111
STATEMENT OF COMPLIANCE
The development of approximately 120.85 acres of property in Collier County, as a Planned Unit
Development to be known as Wyndham Park will be in compliance with the goals, objectives and
policies of Collier County as set forth in the Comprehensive Plan. The residential facilities of
Wyndham Park will be consistent with applicable comprehensive planning objectives of each of the
elements of the Comprehensive Plan for the following reasons:
1. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
2. The project development will result in an efficient and economical extension of community
facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element.
3. The project will be served by a complete range of services and utilities as approved by the
County.
4. The project is compatible with adjacent land uses through the intemal arrangement of
structures, the placement of land use buffers, and the proposed development standards
contained herein.
5. All final local development orders for this project are subject to the Collier County Adequate
Public Facilities Ordinance.
6. The subject property is within the Urban Residential Land Use Designation as identified on
the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future
Land Use Element(FLUE) and therefore is eligible for the base density as provided by the
FLUE Density Rating System. The proposed density for the project is 3.66 units per acre
which is less than the maximum density provided by the FLUE Density Rating System
contained in the FLUE and therefore is consistent with the Future Land Use Element Policy
Base density for the project is four (4) dwelling units per acre. A portion of the parcel, 47
acres is within the one mile radius density band of the Immokalee/CR 951 Activity Center
and therefore is eligible for an additional (3) units per acre. The project's eligible density
is therefore is 47 acres at 7 u/a yielding 329 units and 73.85 acres at 4 u/a yielding 295 units;
the sum project potential is 624 units or 5.2 u/a.
In summary, the subject property has an area of 120.85 acres and is proposed to be developed
with maximum of 442 units. The project site will have a density of 3.66 units per acre. This
density is deemed consistent with the density provided for by the County's Growth
Management Plan.
iv
lZB 2
7. All final local development orders for this project are subject to the Collier Cdunty Adequate
Public Facilities Ordinance.
V
lab 2
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
' describe the existing conditions of the property proposed to be developed under the project
name of Wyndham Park.
1.2 LEGAL DESCRIPTION
The subject property being:
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER,
LYING IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND
AND DESCRIBED AS FOLLOWS:
THE NORTH $~ OF THE SOUTH ¼ OF THE NORTH ~ OF THE SOUTHEAST 1/4; THE SOUTH ~ OF
THE NORTHEAST 1/4 OF THE SOUTHWEST I/4; THE NORTH s/2 OF THE SOUTHEAST I/4 OF THE
SOUTHWEST 1/4; THE SOUTH % OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THE NORTH
I/~ OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THE SOUTH % OF THE SOUTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA LESS THE PORTION THEREOF CONSTITUTION ROAD RIGHT OF WAY FOR COUNTY
ROAD #951. SAID LANDS SITUATE LYING AND BEING IN COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT THEREFROM THE EAST 100 FEET OF SECTION 27, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, HAVING BEEN CONVEYED TO THE STATE OF FLORIDA FROM THE USE AND
BENEFIT OF THE STATE ROAD DEPARTMENT OF FLORIDA IN DEED FILED UNDER CLERK'S
FILE No. 37482 IN OFFICIAL RECORDS BOOK 13, AT PAGE 61.
PARCEL CONTAINS 120.85 ACRES, MORE OR LESS.
1.3 PROPERTY OWNERSHIP
The subject property is under unified control through contracts for purchase agreements. The
puri:haser is Mastercra~ Homes, Ltd., hereafter called "applicant or developer".
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located within Section 27, Township 48S, Range 26 E, Collier
County. The parcel of approximately 121 acres is located adjacent to and west of CR
951 and approximately 0.6 of a mile south of Immokalee Road. The site is also
adjacent to and directly south of Oak Ridge Middle School.
B. The zoning classification of the subject property prior to the date of this approved
PUD Document was A/Agriculture.
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Z
1.5 PHYSICAL DESCRIPTION
The subject property is relatively level with elevations from 12.7 NGVD to 13.9 NGVD and
has been or is currently utilized for agricultural crop production or pasture lands. It is,
therefore, generally clear of vegetation. The site has a limited amount of existing vegetation
which is located on the parcel's eastern edge in proximity of CR 951 and the project's
singular proposed access.
The site has the following designation relative to flood -FEMA Flood Area Zone X, Firm
Map Panel 215 of 1125 Community Panel No. 120067 0215 D; Map Revised June 3, 1986.
1.6 PROJECT DESCRIPTION
Wyndham Park is a planned development consisting of a mixture of single of single family
and multi-family units. Access to the subject parcel will be from the parcel' s frontage on CR
951.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Wyndham Park Planned Unit Development
Ordinance."
1-2
ll.B 2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project's plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the project, as well as other project relationships.
2.2 .GENERAL
A. Regulations for development of Wyndham Park shall be in accordance with the
contents of this document, PUD-Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development Code and
Comprehensive Plan in effect at the time of issuance of any development order to
which said regulations relate which authorizes the construction of improvements such
as Final Subdivision Plat, Final Site Development Plan, Excavation Permit and
Preliminary Work Authorization. Where the regulations of this PUD Document fail
to provide developmental standards then the provisions of the most similar district
in the County Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the time
of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of Wyndham Park shall become part of the regulations which
govem the manner in which the PUD site may be developed.
D. ' Unless modified, waived or excepted by this PUD document or associated exhibits,
the provisions of other land development codes where applicable remain in full force
and effect with respect to the development of the land which comprises this PUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public Facilities
of the Land Development Code at the earliest or next to occur of either final SDP
approval, final plat approval, or building permit issuance applicable to this
development.
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2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including and use of land for the acreage noted, is iljustrated
graphically by Exhibit "A", PUD Master Plan.
.-. TABLE I: WYNDHAM PARK ESTIMATED LAND USE SUMMARY
TYPE UNITS ACREAGE
TRACT A Low to Medium Density Residential 82 21
TRACT B Low to Medium Density Residential 160 40
TRACT C Low to Medium Density Residential 200 60
This acreage includes open space or recreational areas that may be located within
residential acreage.
Table I is a schedule of the intended land uses, with approximate acreage of the
total project indicated. The arrangement of these land areas is shown on the
Master Plan (Exhibit "A"). The Master Development Plan is an iljustrative
preliminary development plan. Design criteria and layout that is iljustrated on the
Master Development Plan and other exhibits supporting this project shall be
understood to be flexible so that final design may satisfy development objectives
and be consistent with the project' s development, as set forth in this document.
B. Modification to all boundaries may be permitted at the time of Preliminary
Subdivision Plat or Site Development Plan approval, subject to the provisions of
the Collier County Land Development Code or as otherwise permitted by this
PUD document.
C. In addition to the various areas and specific items shown in Exhibit "A", such
easements as necessary (utility, private, semi-public, etc.) shall be established
within or along the various tracts or acreage as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
The project shall be developed at a maximum density of 3.66 dwelling units per acre.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of
the PUD, final plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with the
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PUD Master Plan, and as applicable, the Collier County Subdivisioh Code and the
platting laws of the State of Florida.
B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat,
if applicable, shall be submitted for the entire area covered by the PUD Master
Plan. Any division of property and the development of the land shall be in
compliance with Division 3.2 of the Collier County Land Development Code, and
the platting laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code,
when applicable, shall apply to the development of all platted tracts, or parcels of
land as provided in said Division prior to the issuance of a building permit or
other development order.
D. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
E. Except as provided herein, the design and construction of all improvements shall
be subject to compliance with the appropriate provisions of the Collier County
Land Development Code Division 3.2.
F. The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be
required to submit and receive approval of a Preliminary Subdivision Plat in
conformance with the requirements of Division 3.2 of the Collier County Land
Development Code prior to the submittal of construction plans and a final plat for
any portion of the tract or parcel.
2.6 MODEL HOMES AND SALES FACILITIES
Model homes, model home centers including a sales center(s) shall be permitted in
conjunction with the promotion of the residential development of said tract subject to the
following:
A. Models may be constructed prior to recording of a plat.
B. Models may be permitted as "dry models" and must obtain a conditional
certificate of occupancy for model purposes only. Models may not be occupied
until a permanent certificate of occupancy is issued.
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C. Models may not be utilized as "sales offices" without approval by ahd through the
Site Development Plan process. The SDP process shall not be required for dry
models pursuant to this section.
D. Prior to the recording of any plats, metes and bounds legal descriptions shall be
-- provided to and accepted by Collier County as sufficient for building permit
issuance. Said metes and bounds legal descriptions must meet proposed plat
configurations and all models constructed pursuant hereto shall conform to
applicable minimum square footage, setbacks and the like as set forth herein. If
platting is required, corrective deeds shall be recorded once the plat is recorded.
E. Temporary access and utility easements may be provided in lieu of dedicated
rights-of-way for temporary service to model homes.
2.7 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Wyndham Park.
2.8 DEVELOPMENT SCHEDULE
The applicant estimates completion of improvements to the property should occur by
January 2004.
2.9 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code, Section 2.7.3.5.
2.10 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
!
Whenever the developer elects to create land area and/or recreation arnenities whose
ownership and maintenance responsibility is a common interest to all of the subsequent
purchasers of property within said development in which the common interest is located,
that developer entity shall provide appropriate legal instruments for the establishment of a
Property Owners' Association or another appropriate entity whose function shall
include provisions for the perpetual care and maintenance of all common facilities and
open space subject further to the provisions of the Collier County Land Development
Code, Section 2.2.20.3.8.
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12B 2
2.11 OPEN SPACE REQUIREMENTS
A combination of the lakes, landscape buffers and open space shall meet the 60 percent
open space requirement for development as set forth in Section 2.6.32.2 of the LDC.
Open space shall include all pervious green space within development parcels and lots.
2.12 AGRICULTURAL ACTIVITIES
The site has previously been and is currently utilized for agricultural purposes.
Agricultural activities, as defined in the LDC, shall continue to be a permitted use
throughout the project until such time as residential development has commenced.
2.13 EASEMENTS FOR UTILITIES
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities in compliance with applicable
regulations in effect at the time of development approvals.
2.14 COMMON AREA MAINTENANCE
Common area maintenance, including the maintenance of common facilities, open
spaces, water management facilities shall be the responsibility of the Developer, their
successor or assign.
2.15 HISTORICAL/ARCHAEOLOGICAL IMPACT
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of
site clearing, excavation or other construction activity, a historic or archaeological artifact
is found, all development within the minimum area necessary to protect the discovery
shall be immediately stopped and the Collier County Code Enforcement Department
con/acted.
2.16 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Wyndham Park
PUD. General permitted uses are those uses which general serve the Developer and
residents of Wyndham Park PUD and are typically part of the common infrastructure or
are considered community facilities.
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A. General Permitted Uses:
1. Essential services as set forth under Collier County Land Development
Code, Section 2.6.9.1.
A 2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Community and recreational facilities, community centers.
6. Temporary construction, sales, and administrative offices for the
Developer and Developer's authorized contractors and consultants,
including necessary access ways, parking areas and related uses, subject to
the requirements set forth in the Collier County Land Development Code.
7. Landscape features including but not limited to landscape buffers, berms,
fences and architecturally designed walls.
8. Fill storage subject to the standards set forth in the Collier County Land
Development Code.
9. Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
B. Development Standards:
Unless otherwise set forth in this document the following development standards
shall apply to structures:
1. Setback from back of curb or edge of pavement of any road - eighteen feet
(18') except for guard houses, gatehouses, and access control structures
which shall have no required setback.
2. Sidewalks and bikepaths may occur within required buffers, however the
width of the required buffer shall be increased proportionately to the width
of the paved surface of the sidewalk or bikepath.
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2.17 LAKE SETBACKS AND EXCAVATIONS
The required setback to any right-of-way, roadway access easement or external property
lines shall be thirty (30') feet if fenced. The required setback to any property line, tract
line or structures internal to the development or to structures shall be zero (0') feet. Lakes
may be excavated as development excavations to a maximum depth of twenty (20') feet.
2.18 FILL STORAGE
Fill storage is generally permitted as a principal use throughout the project. Fill material
generated may be temporarily stockpiled within areas designated for residential
development. The following standards shall apply:
A. Stockpile maximum slope: 3 to I (horizontal to vertical)
B. Stockpile maximum height: Thirty-five (35') feet
C. Fill storage areas shall be no closer than three hundred (300') feet from any
developed residential properties, except as may otherwise be approved by Collier
County Engineering Review Services pursuant to a submitted grading and filling
plan.
D. Soil erosion control shall be provided in accordance with the Collier County Land
Development Code, Division 3.7.
In order to properly utilize the fill excavated from the proposed lakes, the site may be
filled prior to the issuance of building permits pursuant to Section 3.2.8.3.6.3 of the LDC.
2.19 SUBSTITUTIONS TO SUBDIVISION REGULATIONS
The following design substitutions shall apply:
A. ' LDC Section 3.2.8.3.19: Street name signs shall be approved by the Development
Services Director but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform
Traffic Control Devices. Internal street pavement painting and reflective edging
requirements shall be waived.
B. LDC Section 3.2.8.4.16.5: All internal streets shall be considered local streets and
their right-of-way widths shall be fifty (50') feet except as necessary to
accommodate mining lanes at the Project's main entrance.
C. LDC Section 3.2.8.4.16.6: The 1,000-foot length for cul-de-sac streets shall be
waived. The maximum length of a cul-de-sae street shall be 1,800 feet.
D. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves
shall be waived.
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I
E. LDC Section 3.2.8.4.1 6.12.d: The requirement for asphaltic courses shall be
waived to allow the use of a surface course of paver brick or decorative concrete
pavement.
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182
SECTION lII
LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the area
designated on Exhibit "A" as Tracts A, B and C.
3.2 MAXIMUM DWELLING UNITS
There shall be a maximum of 442 residential units developed within the project' s
residential tracts.
3.3 USES PERMITTED
Residential areas designated on the Master Plan are to accommodate a full range of
residential dwelling units, recreational facilities, essential services, customary accessory
uses, and compatible land uses. Multi-family uses shall not be mixed with single family
uses on the same platted tract. Principal uses shall not be developed between dissimilar
permitted use types, specifically, no multi-family type shall be located between single
family detached family structures.
At the continuous lot line between single family detached and multiple family housing
units or a dissimilar housing type, a landscape buffer (separately or on the tract of the
higher density unit) of at least twenty (20) feet shall be provided. This buffer shall
minimally meet the requirements of the LDC's Type "B" landscape buffer.
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in pan, for other than the following:
A. Principal Uses:
(1) Single family detached, single family attached, cjuster development and
multi-family development.
(2) Duplex and two-family dwellings.
(3) Townhouses and garden apartments/condominiums.
3-1
(5) The cjustering or grouping of housing structure types identi~ed in this
document may be permitted on parcels of land under unified ownership, or
as may be otherwise provided in Section 2.6.27 of the Collier County
Land Development Code and subject to the provisions of Division 3.3 of
the Collier County Land Development Code.
(6) Open space or preserve area.
(7) Water management facilities and lakes.
(8) Guard houses and entrance gates.
(9) Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
B. Accessory Uses:
(1) Uses and structures that are accessory and incidental to permitted uses,
including private garages.
(2) Recreational uses and facilities such as swimming pools, tennis courts and
children's playground areas and similar facilities that serve as an integral
part of a residential development. Such uses shall be visually and
functionally compatible with the adjacent residences which have use of
such facilities.
(3) Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
3.4 DEyELOPMENT STANDARDS (See Table II, for greater specificity)
A. GENERAL: All yards and setbacks shall be in relation to the individual parcel
boundaries, except as otherwise provided. Generally whenever the word
"setback" is used relative to a measurement between the buildings and a lot line
and/or perimeter boundary of a parcel of land upon which buildings are to be
constructed it shall have the following application:
FRONT YARD: Front yard setbacks shall be measured as follows:
1) If the parcel is served by a public or private right-of-way, setback is
measured from the adjacent right-of-way line.
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2) If the parcel is served by a non-platted private drive, setbacl~ is measured
from the back of curb or edge of pavement.
3) If the parcel is served by a platted private drive, setback is measured from
the road easement or property line.
4) Principal buildings shall be set back a distance sufficient to provide for two
back to back parking spaces, one of which may be an enclosed space.
5) When principal buildings front upon a common parking area, which in turn
fronts upon a public or private right-of-way or non-platted drive, a
minimum distance of ten (10) feet shall separate the principal building and
any related parking facility, and a green belt often (10) feet shall separate
said right-of-way, or other non-platted private drive from the common
parking area. This shall not prohibit the attachment of enclosed parking
structures to the principal residential structure, however in such uses a
parking apron of at least fifteen (15) feet shall separate the enclosed parking
space from the edge of curb on a private right-of-way without sidewalks or
twenty (20) feet when a setback includes a sidewalk.
B. MAXIMUM HEIGHT
In order to provide a form of a compatibility within the context of existing
residential development within Collier County, the maximum number of stories
permitted shall be three (3) habitable floors for a maximum height of 35 feet.
C. STREET TREE REQUIREMENT
Street trees shall be provided throughout the development. A street tree plan shall
be submitted for staff review and approval as appropriate. Street trees may be
placed within residential lots and shall be installed prior to or concurrent with the
construction of individual dwelling units or structures in proximity to the roadway
or accessway.
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TABLE I I: ~
SUMMARY OF DEVELOPMENT STANDARDS FOR ALL RESIDENTIAL STRUCTURES
MULTIPLE FAMILY STRUCTURES
SINGLE
PERMITTED USES FAMILY ZERO 2 - FAMILY/
STANDARDS DETACHED LOT LINE DUPLEX TOWNHOUSE ~PARTMENTS
MIN. LOT AREA PER
STRUCTURE OR
PER DWELLING UNIT 6,000 4,800 2,400 1,800 ONE ACRE
MIN. LOT WIDTH 50 40 24 18 150 FEET
MIN. AVERAGE
CORD LENGTH 26 26 20 16 18 FEET
MIN. SITE DEPTH 100 100 100 100 100 FEET
FRONT YARD SETBACK
(i) PRINCIPAL
STRUCTURE 20 18 18 18 25 FEET
(ii) ACCESSORY
FOR MULTI-FAMILY
COVERED PARKING N/A N/A 10' 10' 10' FEET
SIDE YARD SETBACK,
PRINCIPAL AND
ACCESSORY STRUCTURES 7.5 5**OR 0'* 7.5** 7.5*** 15'** FEET
MINIMUM DISTANCE
BETWEEN STRUCTURES 10 10 10 10 15'** FEET
REAR YARD SETBACK
(i) PRINCIPAL
STRUCTURE 20 15 15'* 15'** 15'** FEET
(ii) ACCESSORY
STRUCTURE 10 10 10'* 10'** 5*** FEET
MAX. BUILDING HEIGHT
( i ) ABOVE MFL
100 YFa~R 35 35 35 42 42 FEET
(ii) ACCESSORY
STRUCTURE 35 35 35 35 35 FEET
FLOOR AREA
MINIMUM/Dt.U. 1,200 1,000 1,000 1,000 800 S.F.
Notes:
(1) Walls and similar structures shall have a setback of five (5) feet along the development's
boundaries along public right-of-way and.a setback of two (2) feet along other perimeter tract
boundary where not abutting internal development tracts and a maximum height of 12 feet as measur
from the lowest centerline grade of the nearest public or private right-of-way or easement.
* 1~ FEET IF SETBACK INCLUDES SIDEWALK
" TWENTY FEET IF SETBACK ENCUMBERS A LAKE'S MAINTENANCE EASEMENT
"~ OR HALF THE SUM OF THE HEIGHT OF THE STRUCTURES, WHICHEVER IS GREATER; TWENTY FEET IF
SETBACK ENCUMBERS A LAKE' S MAINTENANCE EASEMENT
3~
3.5 DEVELOPMENT STANDARDS FOR STRUCTURES WITHIN
RECREATIONAL TRACTS
A. Setbacks
""' 1. Front Yard: 25 feet
2. Side Yard: 25 feet
3. Rear Yard: 25 feet
B. Maximum Height: 35 feet or three (3) stories, whichever is least.
C. Minimum Lot Width: 75 feet
D. Minimum Lot Depth: 75 feet
E. Minimum Lot Area: 6,000 square feet
F. Minimum Distance
Between Structures 10 feet
3-5
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2 GENERAL
All facilities shall be constructed in accordance with Final Site Development Plans, Final
Subdivision Plans and all applicable State and local laws, codes and regulations
applicable to this PUD.
Except where specifically noted or stated otherwise, the standards and specifications of
the Land Development Code, Division 3.2 shall apply to this project even if the land
within the PUD is not to be platted. The developer, his successor and assigns, shall be
responsible for the commitments outlined in this document.
The developer, his successor or assignee, agree to follow the Master Plan and the
regulations of the PUD as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor or assignee in title is
bound by the commitments within this agreement.
4.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan, iljustrates the proposed development and is
conceptual in nature. Proposed tract or special land use boundaries shall not be
construed to be final and may be varied at any subsequent approval phase such as
at final platting or site development plan application, subject to the provisions of
the Land Development Code and amendments as may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas in the project.
4.4 MONITORING REPORT AND SUNSET PROVISIONS
A. The Wyndham Park PUD shall be subject to the Sunset Provisions of Section
2.7.3.4 of the Land Development Code.
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B. Monitoring Report: An annual monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the Collier County Land Development Code.
4.5 TRANSPORTATION
-- The development of the PUD Master Plan shall be subject to and govemed by the
following conditions:
A. Arterial level lighting shall be provided at the PUD's access point to public fight-
of-way concurrent with the development of the entry road.
B. The Developer shall provide right turn and left turn lanes at the project's proposed
access from CR 951 concurrent with the development of the entry road. The
Developer shall bear the cost of these improvements which are not subject to
impact fee credits.
C. Under the present two-lane condition of CR-951, the project may enjoy
unconstrained access to and from the north and south.
D. Under any future four-lane or six-lane condition of CR-951, there may or may not
be a median opening to serve the project. Nothing in any development order shall
vest the project with any right of access over and above a fight-in/fight-out
condition. Neither shall the existence or lack of a future median opening be the
basis for any future cause of action for damages against the County by the project
developer, successor in title or assigns.
E. When requested by the County, and subject to the approval of the a Developer's
Contribution Agreement for road impact fee credits for the fair market value of
the dedication, pursuant to Ordinance 92-22, as amended, the developer shall
dedicate up to sixty (60) feet of right-of-way along CR 951 for future roadway,
bike path and drainage improvements. Such dedication shall not be deducted
from the PUD property for purposes for determining yards, lot area or lot
dimensions. This dedication shall occur within one hundred and twenty (120)
days of the County's request.
F. Substantial competent evidence shall be provided by the developer to the effect
that the project is designed to provide pass through transmission of historical
roadway runoff. In addition, site drainage shall not be permitted to discharge
directly into any roadway drainage system not specifically designed for such
discharge.
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4.6 SIGNAGE
Project identification signage for the residential component of this PUD may be
developed at all project entrances in addition to other signage. All signage shall be
subject to the provisions of Division 2.5 of the Land Development Code.
4.7 SITE LIGHTING
Lighting facilities shall be arranged in a manner which will protect roadways and
neighborhood residential properties from direct glare or other interference.
4.8 ENVIRONMENTAL
Petitioner shall provide twenty-five percent (25%) retained native vegetation as required
by Section 3.9.5.5 of the Land Development Code. The location of the retained
vegetation shall be identified as a part of the submittal for Preliminary Subdivision Plat
(PSP) or Site Development Plan (SDP), whichever is earlier, for any portion of the
subject property. Retained vegetation shall be preserved in its entirety with all trees,
understory and ground cover left intact and undisturbed, expect for prohibited exotic
species removal.
Environmental permitting shall be in accordance with the state of Florida Environmental
Resource Permit Rules and be subject to review and approval by Current Planning
Environmental Staff. Removal of exotic vegetation shall not be counted towards
mitigation for impacts to Collier County jurisdictional wetlands.
All conservation areas shall be recorded on the plat with protective covenants per or
similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated
on the plat to the project's homeowners' association or like entity for ownership and
mai.ntenance responsibilities and to Collier County with no responsibility for
maintenance.
Buffers shall be provided around wetlands, extending at least fifteen (15') feet landward
from the edge of the wetland preserve in .all places and averaging twenty-five (25') feet
from the landward edge of wetlands. Where natural buffers are not possible, structural
buffers shall be provided in accordance with the state of Florida Environmental Resource
Permit roles and be subject to review and approval by Current Planning Environmental
Staff.
An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site,
with emphasis on the conservation/preservation areas, shall be submitted to Current
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Planning Environmental Staff for review and approval prior to final site plan/construction
approval.
4.9 WATER MANAGEMENT AND DRAINAGE OUTFALL FOR ABUTTING
pROPERTIES
The project is within the limits of the Harvey Drainage Basin Study, and, as such, will
conform to the requirements set forth by the County Water Management Director for
easements and discharge rates. Petitioner shall provide an outfall ditch within a thirty
(30') foot drainage easement along portions of the project as shown by Exhibit F, Water
Management Concept Plan, attached to this PUD document, to provide a drainage outfall
for abutting properties.
4.10 POLLING PLACES
This PUD is subject to the provisions in Section 2.6.30 of the LDC.
4.11 UTILITIES
All required utility services are available for this project. To wit:
Water and Wastewater Disposal: These utility services are to provided by Collier County
Utilities. The Project is proposed to connect to an existing 24" water main on the west
side of CR-951 and to a proposed 8" force main on the east side.
Electric Power: This utility service is to be provided by Florida Power and Light
Company. The Project is proposed to connect to an existing aerial feeder along the
westerly boundary of the Project adjacent to the existing Harvey Basin ditch.
Telej3hone: This utility service is to be provided by UTS/Sprint. The Project is proposed
to be connected to existing facilities within the CR-951 right-of-way.
4.12 PEDESTRIAN CIRCULATION
Subject to the approval of Collier County Public Schools as to location and cross section,
the proposed project improvements will include the construction of a connection of the
internal pedestrian or bicycle circulation system(s) to the abutting campus of Oak Ridge
Middle School.
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PUD MASTER PLAN EXHIBIT
SITE LOCATION MAP
O~L WEU,
PROJECT
LOCATION
VANDERBUILT BEACH
GOLOEN GATE 8LVO
WHITE BLVO
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(,) RADIO RO. INTERSTATE 75 ALLIGATOR ALLEY
X DAVIS BLVO.
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SECTION 27 TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LOCATION MAP
CO~ER COUNt, FLORIDA
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SECTION J-,,I ~c~ LAKE ~
~DHAM PA~K PUD
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-9
Which was adopted by the Board of County Commissioners on the
9th day of February, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 10th day of February,
1999.
Clerk of Courts and~erk
Ex-officio to Board!~of7
County Commissione~=~.
Deputy Clerk