Ordinance 99-27 ORDINANCE 99- 27
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 NUMBERED
862122 BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM "PUD" TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS
OLDE CYPRESS PUD FORMERLY WOODLANDS
PUD, FOR PROPERTY LOCATED ON THE NORTH
SIDE OF IMMOKALEE ROAD (C.R. 846), EAST OF 1-
75, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 500-~ ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 96-64, THE
FORMER WOODLANDS PUD; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Mr. Robert Duane of Hole, Montes & Associates, Inc., representing Olde Cypress
Development 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 21, Township
48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is
incorporated herein and by reference made part hereof. The Official Zoning Atlas Map number
862122, as described in Ordinance Number 91-102, the Collier County Land Development Code, are
hereby amended accordingly.
SECTION TWO:
"' Ordinance Number 96-64, known as the Woodlands PUD, adopted on October 22, 1996, by
the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
' SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this,,?Tfl~day of ~ ,1999.
·
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E?'iiROCK, Clerk COLLIER COUNTY, FLORIDA
" ~?' i~AMELA S. MAC~~OM
BY.
! ~, AN
s tgfiatiuee';
A~pr0Ved aS'tO Form and
J-~ day of Office the
Mm'jo~e M. Student'
Assistant Coumy Attorney
ORDINANCE/PUD-83-26(2)
OLDE CYPRESS
PLANNED UNIT DEVELOPMENT DOCUMENT
Exhibit A
PREPARED BY:
Robert L. Duane
HOLE, MONTES & ASSOCIATES, INC.
715 Tenth Street South
" Naples, Florida 34102
DATE ISSUED: ( )
DATE REVISED:
DATE APPROVED BY CCPC:
DATE REVISED:
DATE APPROVED BY ~~/~7/~
ORDINANCE NUMBER:
TABLE OF CONTENTS
PAGE
SECTION I, Statement of Compliance I-1
SECTION II, Property Ownership & General Description II-1
2.01 Introduction and Purpose
2.02 Name
2.03 Legal Description
2.04 Title to Property
2.05 General Description
SECTION III, Project Development III-1
3.01 Purpose
3.02 General Plan of Development
3.03 Wetlands
3.04 General Land Development Regulations
SECTION IV, Land Use and Regulation IV-1
4.01 Purpose
4.02 Project Plan & Land Use Tracts
4.03 Project Density
4.04 Sequence and Scheduling
4.05 Recreational Facilities and Schedule
4.06 Native Vegetation Retention
4.07 Common Area Maintenance
SECTION V, Golf Course V-1
5.01 Purpose
5.02 Permitted Uses and Structures
SECTION VI, Nature Preserve & Wildlife Sanctuary VI-1
6.01 Purpose
6.02 Function
6.03 Treatment Use
6.04 Permitted Uses and Structures
6.05 Regulations
SECTION VII, Residential VII-1
7.01 Purpose
7.02 Maximum Dwelling Units
7.03 General Description
7.04 Permitted Uses and Structures
7.05 Development Standards
SECTION VIII, Community Shopping & Business Office Center VIII-1
8.01 Purpose
8.02 Permitted Uses & Structures
8.03 Minimum Yard Requirements
8.04 Building Separation
8.05 Minimum Floor Area of Principal Structures
8.06 Maximum Height
PAGE
8.07 Minimum Off-Street Parking & Off-Street Loading VIII-3
Requirements
8.08 Minimum Landscaping Requirements
8.09 Signage
8.10 Site Development Plans
8.11 Development Intensity
8.12 Architectural and Site Design Standards
8.13 Standards for Personal Self Storage Centers
SECTION IX, General Development Commitments IX-1
9 01 Purpose
9 02 PUD Master Development Plan
9 03 Clearing, Grading, Earth Work & Site Drainage
9 04 Utilities
9 05 Solid Waste Disposal
9 06 Recreational Facilities
9 07 Traffic Improvements
9 08 Streets
9 09 Exceptions to County Subdivision Regulations
9 10 Polling Places
9 11 Environmental Stipulations
9 12 Water Management Stipulations
9 13 Fire Station
9 14 Archeological Resources
SECTION I
STATEMENT OF COMPLIANCE
This development of approximately 500 acres of property in
Section 21, Township 48 South, Range 25 East, Collier County,
Florida, as a Planned Unit Development to be known as OLDE CYPRESS
will comply with the planning and development objectives of
Collier County as set forth in the Comprehensive Plan. The
residential and commercial aspects of the development together
with associated recreational facilities will be consistent with
the growth policies and land development regulations of the
Comprehensive Plan Land Use Element and other applicable documents
for the following reasons:
1. Project development will be compatible with and
complimentary to the surrounding land uses.
2. The Project shall comply with the applicable zoning and
other regulations.
3. The Project shall utilize natural systems for water
management, such as existing drainage areas and environmental
sensitive areas in accordance with their natural functions and
capabilities.
4. The development areas are being well separated from the
environmental sensitive areas and the value and functions of the
environmental sensitive areas will not be unduly adversely
affected by the development.
5. The Density Rating System of the Collier County Growth
Management Plan permits up to 4 dwelling units per gross acre, for
the subject property which is located in the Mixed Use Urban
Residential Area. The gross density of 2.2 residential dwelling
units per acre for OLDE CYPRESS, therefore, is consistent with the
Collier County Growth Management Plan density rating system.
6. Improvements are planned to be in compliance with
applicable land development regulations as set forth in Objective
3 of the Future Land Use Element.
7. The project will be served by a full range of services,
including sewer and water by the County resulting in an efficient
and economical expansion of facilities as required in Policies
3.1H and 3.1L of the Future Land Use Element.
8. The project contains land uses and densities which make
it compatible with and complementary to adjacent existing and
SECTION I PAGE 1
future land uses, as required by Policy 5.4 of the Future Land Use
Element.
9. The inclusion of personal storage facilities in the
commercial component of the project may be found consistent with
Policy 5.1 of the Future Land Element of the Collier County
Growth Management Plan because this use will result in a
reduction in development intensity.
SECTION I PAGE 2
SECTION II
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
2.01 INTRODUCTION AND PURPOSE
It is the intent of the owner to establish and develop a
Planned Unit Development on approximately 500 acres of property
located in Collier County, Florida, on the north side of Immokalee
Road (C.R. 846), approximately 1.3 miles east of 1-75. It is the
purpose of this document to provide the required detail and data
concerning the development of the property.
2.02 NAME
The development shall be known as OLDE CYPRESS.
2.03 LEGAL DESCRIPTION
See attached Exhibit "B"
2.04 TITLE TO PROPERTY
The property is owned by the Olde Cypress Development LTD, a
Florida Limited Partnership.
2.05 GENERAL DESCRIPTION
Olde Cypress is a Development of Regional Impact, consisting of
500.11 acres, located on the north side of Immokalee Road (CR
846), immediately east of Longshore Lakes PUD and approximately
one mile west of CR 951. The project consists of a mix of
residential uses, limited commercial uses, an eighteen (18) hole
golf course, and substantial areas of open space and preservation
areas.
SECTION II PAGE 1
SECTION III
PROJECT DEVELOPMENT
3.01 PURPOSE
The purpose of this section is to generally describe the
project plan of the development and delineate the general
conditions that will apply to the entire project.
3.02 GENERAL PLAN OF DEVELOPMENT
The general plan of development of Olde Cypress is for a
planned residential community carefully integrating a mixture of
single family and multi-family dwelling units with a golf and
country club, commercial, water recreational facilities, bicycle
and jogging trails and preserve areas.
3.03 WETLANDS
The applicant recognizes the importance of the wetland areas.
The applicant also recognizes the importance of setting aside and
not developing those areas and other areas which are
environmentally sensitive. The applicant has utilized the best
engineering, environmental and planning techniques to integrate
the needs of the future residents of the community and the public
interest in planning its careful and limited use of
environmentally sensitive areas. This plan offers ample open
space and other amenity areas to the residents.
3.04 General Land Development Regulations
The following are general provisions.applicable to the PUD Master
Plan:
A. Regulations for development of the Olde Cypress PUD
shall be in accordance with the contents of this
document, the PUD-Planned Unit Development District and
other applicable sections and parts of the Collier
~ County Land Development Code (LDC) and Growth
Management Plan in effect at the time of issuance of
any development order to which said regulations relate
which authorizes the construction of improvements. The
, developer, his successor or assignee, agree to follow
the PUD Master Plan and the regulations of this PUD as
adopted and any other conditions or modifications as
may be agreed to in the rezoning of the property. In
addition, any successor in title or assignee is subject
SECTION III PAGE 1
to the commitments within this agreement.
B. Unless otherwise noted, the definitions of all terms
shall be the same as the definitions set forth in the
LDC in effect at the time of building permit
application.
C. All conditions imposed and all graphic material
presented depicting restrictions for the development of
the Olde Cypress PUb shall become part of the
regulations which govern the manner in which this site
may be developed.
D. Development permitted by the approval of this petition
will be subject to a concurrency review under the
provisions of Div. 3.15 Adequate Public Facilities of
the LDC at the earliest or next to occur of either
final SDP approval, final plat approval, or building
permit issuance applicable to this development.
E. Unless specifically waived through any variance or
waiver provisions from any other applicable
regulations, the provisions of those regulations not
otherwise provided for in this PUb remain in full force
and effect.
SECTION III PAGE 2
SECTION IV
LAND USE AND REGULATION
4.01 PURPOSE
The purpose of this section is to set forth the land use and
regulations for development of the property identified on the
master plan.
4.02 PROJECT PLAN & LAND USE TRACTS
The project plan, including street lay-out and land use, is
iljustrated in Exhibit "E", "Master Plan" Included is a schedule
of the intended land use types with approximate acreages and
maximum dwelling units indicated. Minor variation in acreages
shall be permitted at final design to accommodate topography,
vegetation and other site conditions.
4.03 PROJECT DENSITY
The total acreage of OLDE CYPRESS is approximately 500 acres.
The maximum number of dwelling units to be built on the total
acreage is 1100. The number of dwelling units per gross acre is
approximately 2.20. The density on individual parcels of land
throughout the project will vary according to the type of housing
employed on each parcel of land.
4.04 SEQUENCE AND SCHEDULING
The applicant has not set "stages" for the development of the
property; however, it is estimated that total build out will take
approximately seventeen to twenty years. The estimate may, of
course, change depending upon future economic factors.
4.05 RECREATIONAL FACILITIES AND SCHEDULE
The following recreational facilities are scheduled to be
constructed for the use of the residents of OLDE CYPRESS, although
some of the facilities may be private in nature and require
membership and membership fees. The schedule for development of
these facilities relates to the absorption schedule of the project
towards build-out.
1. Clubhouse and Golf Course with 18 holes, tennis and
related country club facilities (117.41 acres);
2. Swimming pool;
SECTION IV PAGE 1
3. Bicycle paths and sidewalks;
4. Nature trails;
5. Passive recreational uses of wetlands and transitional
areas (Preservation 176.2 acres minimum); where allowed by
environmental permits
6. Parks (3.9 acres minimum).
4.06 NATIVE VEGETATION RETENTION
Pursuant to Policy 6.4.7 of the Conservation and Coastal
Management Element, the native vegetation retention requirements
for the project, which are twenty-five (25) percent of the gross
land area, are deemed to be satisfied by the 172.2 acre preserve,
park and wildlife sanctuary, depicted on Exhibit "E" of the
general plan of development for Olde Cypress.
4.07 COMMON AREAMAINTENANCE
Common area maintenance, including maintenance of common
facilities, open spaces, preservation areas, and the water
management facilities shall be the responsibility of a Property
Owners' Association.
TABLE I
OLDE CYPRESS
LAND USE SCHEDULE
LAND USE TYPE
DWELLING UNITS
RESIDENTIAL 1,100 Units
ACREAGE
RESIDENTIAL 133.0 Acres
COMMERCIAL (165,000 sq. ft.)* 12.5 Acres
GOLF AND COUNTRY CLUB, LAKES AND OPEN SPACE 157.8 Acres
WETLAND PRESERVE, PARK AND WILDLIFE SANCTUARY 176.2 Acres
SECTION IV PAGE 2
*See also Section 8.13 of this Ordinance.
SECTION IV PAGE 3
SECTION V
GOLF COURSE
5.01 PURPOSE
The purpose of this section is to set forth regulations for
the area designated on Exhibit "E", "Development Plan", as Golf
Course.
5.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, may be erected,
altered or used, or land or water used, in whole or in part, of
other than the following:
A. Permitted Principal Uses and Structures
1. Golf Course
2. Golf Clubhouse and Country Club
3. Water Management Facilities
4. Guest Suites
B. Permitted Accessory Uses and Structures
1. Pro-shop, practice driving range, and other
customary accessory uses of golf courses or other recreational
facilities.
2. Small commercial establishments, including gift
shops, golf equipment sales, restaurants, cocktail lounges, and
similar uses intended to exclusively serve patrons of the golf and
country club or other permitted recreational facilities.
3. Shuffleboard courts, swimming pools, and other
types of facilities intended for recreation.
4. Tennis and other racquet sports courts,
5. Maintenance shops and equipment storage.
6. Non-commercial plant nursery.
SECTION V PAGE 1
C. General Requirements
1. Overall site design shall be harmonious in terms
of landscaping, enclosure of structures, location of access
streets and parking areas and location and treatment of buffer
areas.
2. Buildings shall be set back a minimum of fifty
(50) feet from abutting residential districts and twenty five (25)
feet from tract boundaries except commercial areas and the set
back areas shall be landscaped and maintained to act as a buffer
zone.
3. Lighting facilities shall be arranged in a manner
which will protect roadways and neighboring property from direct
glare or other interference.
a. Maximum Height
Fifty (50) feet above the finished grade of
the lot.
b. Off-Street Parking
The off-street parking will be as required by
the Collier County Land Development Code.
c. Off-Street Parking Landscaping
Landscaping shall be provided as required by
the Collier County Land Development Code.
d. Storage of Toxic Substances
Storage of substances identified on EPA Toxic
Substance List shall be in accordance with
Section IX hereof.
4. Guest Suites
a. The density of Guest Suites will be provided
for out of the total number of dwelling units
permitted in the Olde Cypress PUD which is
eleven hundred (1100) units.
SECTION V PAGE 2
b. The minimum unit size shall be seven-hundred
fifty (750) square feet.
c. The Guest Suites may be attached to or
detached from the Club House and are
available for only residents or their guests.
d. The maximum height shall be thirty-five (35)
feet if detached from the Club House, and
fifty (50) feet if contained within the Club
House.
SECTION V PAGE 3
SECTION VI
NATURE PRESERVE AND WILDLIFE SANCTUARY
6.01 PURPOSE
The purpose of this section is to set forth the function,
treatment and use of the Preservation Area designated as such on
Exhibit "E"
6.02 FUNCTION
The primary function shall be the preservation of an
attractive resource community, wildlife habitat and sanctuary,
retention of water during rainy seasons and a ground recharge area
as well as a water quality improvement facility. The area will
also provide unique recreational opportunities and an aesthetic
experience for the pleasure of project residents.
6.03 TREATMENT USE
The treatment of these areas shall be the preservation and
protection of flora and fauna with the exception of jogging
trails, boardwalks, nature trails, and roadways upon approval by
the Development Services Director. Another objective will be to
prohibit vehicles and construction equipment, unless specifically
approved by the Development Services Director for maintenance,
limited access or other required or permitted activity. Removal
of obnoxious exotics, ie. Melaleuca, Schinus, and others in
accordance with environmental permits and Division 3.9 of the Land
Development Code will be required.
A maintained water management system that meets the
requirement of agency permits will b~ established for the area.
The water management system for the project will restore the
historical water levels and water level fluctuations within the
current adversely impacted cypress strand. Surface water runoff
will be directed through grassed areas and swales into numerous
lakes to provide retention and bio-physical scrubbing of
pollutants. The lakes will in turn discharge into the natural
cypress flow-way which will provide additional retention,
filtration and uptake of materials within the water column. [See
Water Management Plan submitted with this application or as may be
revised and/or updated for further details.]
SECTION VI PAGE 1
The final design and location of roadways and water
management berms crossing environmentally sensitive areas shall be
approved by the County engineer, Development Services Director,
other appropriate County departments, and other governmental
Permitting agencies.
6.04 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, may 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. Limited access roads.
2. Nature trails and pedestrian and golf cart
boardwalks.
3. Paths and bridges to provide access from the
uplands through the area.
4. Water management facilities.
5. Other facilities for recreation, conservation and
preservation when approved by the Development Services Director.
6.05 REGULATIONS
A. General
1. All development including clearing, grading and/or
other earth work shall be in accordance with the commitments in
Section IX of this document and approved by the Development
Services Department.
2. All structures or other development shall be
subject to receipt of necessary permits and authorizations from
applicable County, State and Federal Governmental agencies.
SECTION VI PAGE 2
SECTION VII
RESIDENTIAL LAND USE DISTRICT
7.01 PURPOSE
The purpose of this Section is to identify permitted uses and
development standards for areas within Olde Cypress designated on
Exhibit "E", PUD Master Plan, as R.
7.02 MAXIMUM DWELLING UNITS
A maximum number of 1,100 residential dwelling units may be
constructed on lands designated R.
7.03 GENERAL DESCRIPTION
Areas designated as R on the PUD Master Plan are designed to
accommodate a full range of residential dwelling types and
compatible non-residential uses, a full range of recreational
facilities, essential services, and customary accessory uses.
The approximate acreage of the "R" district is indicated on
the PUD Master Plan. This acreage is based on conceptual designs
and is approximate. Actual acreages of all development tracts
will be provided at the time of Site Development Plan or
Preliminary Subdivision Plat approvals in accordance with Article
3, Division 3.3, and Division 3.2 respectively, of the Collier
County Land Development Code. Residential tracts are designed to
accommodate internal roadways, open spaces, parks and amenity
areas, lakes and water management facilities, and other similar
uses found in residential areas.
7.04 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
altered or used, or land used, in whole or part, for other than
the following:
A. Permitted Principal Uses & Structures:
1. Single family detached dwellings
2. Single family units as individual structures or as
' combinations up to and including eight attached units per
structure. Such unit types with marketing descriptions of single
family attached, duplex, patio, cjuster attached, cjuster
detached, villa attached or detached, townhouses and zero lot
lines are permitted.
3. Water management facilities.
SECTION VII PAGE
4. Parks, open spaces and other recreational outdoor
facilities.
5. Multi-Family Dwellings including Garden Apartments.
6. Any other principal use which is comparable in
nature with the foregoing uses and which the Development Services
Director determines to be compatible in the "R" District.
B. Accessory Uses and Structures:
1. Accessory uses and structures customarily
associated with principal uses permitted in this district.
2. Model homes and model dwelling units in conjunction
with promotion of the development for a period not to exceed three
years from the initial use as a model.
3. Temporary sales facilities for the initial sales of
units for a specific project as permitted by the Collier County
Land Development Code in effect at the time building permits are
requested.
4. Tennis courts, handball and racquetball courts,
swimming pools, shuffleboard courts and other similar facilities.
5. Signs as permitted by the Collier County Land
Development Code in effect at the time a building permit is
requested.
6. Any other accessory use which is comparable in
nature with the foregoing uses and which the Development Services
Director determines to be compatible in the "R" District.
7.05 DEVELOPMENT STANDARDS
A. Table II sets forth the development standards for land
uses within the "R" Residential District.
B. Standards for parking, landscaping, signs and other land
uses where such standards are not specified herein are to be in
accordance with the Collier County Land Development Code in effect
at the time of Site Development Plan Approval. Unless otherwise
indicated, required yards, heights, and floor area standards apply
to principal structures.
C. Development standards for uses not specifically set
forth in Table II shall be established during Site Development
Plan Approval as set forth in Article 3, Division 3.3. of the Land
Development Code in accordance with those standards of the zoning
district which is most similar to the proposed use.
D. In the case of residential structures with a common
architectural theme, required property development regulations may
SECTION VII PAGE 2 ~
be waived or reduced provided a site plan is approved in
accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the
Collier County Land Development Code. Common open space
requirements are deemed satisfied pursuant to the PUD.
E. No attached single family homes may be located between
two detached single family homes if they are a part of the same
platted block.
F. Single Family zero lot line dwellings are identified
separately from single family detached dwelling with conventional
side yard requirements to distinguish these types for the purpose
of applying development standards under Table II. Zero lot line
dwellings shall be defined as any type of detached or attached
single family structure employing a zero or reduced side yard as
set forth herein, and which conform to requirements of Collier
County Land Development Code Article 2, Division 2.6, Subsection
2.6.27.4.4.1 through Subsection 2.6.27.4.4.3.
G. Principal use structures which are identified herein
shall have a minimum of two parking spaces per dwelling unit. The
Director may permit a 1/2 space per unit to be unpaved when
circumstances indicate infrequent use. However, those unpaved
spaces shall be left in natural vegetation and reserved for future
paving if deemed to be necessary by the Development Services
Director.
H. Landscaping shall be provided as required by Section 2.4
of the Collier County Land Development Code in effect at the time
a building permit is requested.
I. A landscaped buffer shall be provided along any tract
boundary adjacent to OLDE CYPRESS project boundary including
adjacent to the roadway along the east and west project
boundaries. A landscaped buffer is not required along tract
boundaries adjacent to internal roadways where a preservation area
exists or where the golf course exists. The design of the buffer
shall meet the standards of Section 2.4.7 of the Collier County
Land Development Code in effect at the time building permits are
requested. The buffer shall incorporate existing natural
vegetation.
J. Differing housing types on the same tract must be
compatible, unless the following standards are adhered to:
1. The differing housing types are physically
separated into discrete areas, such as separation by common
amenities or water management areas; or
2. Landscaping or berms/walls are provided meeting the
standards of Division 2.4 of the Collier County
Land Development Code.
SECTION VII PAGE 3 ~
TABLE II
DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS
PERMI~D =
USES AND:
STANDARDS -
Minimum Lot Areas 6,000 S.F. 5,000 S.F. 3,500 S.FY~ 3,000 S.F. per 1 AC
du.
Minimum Lot 60 45 35 30 150
Width(2)
Front Yard Setback 25(5) (s) 20(s> (s) 20(5) (s) 20(s) 25(8)
Side Yard(3) 5 (4) 0 or 10 0 or 5 0 or .5 BH* 0 or .5 BH
Setback
Rear Yard 20® 10(s) 20(s) 20® 25®
Setback Principal
Rear Yard 10 5 10 10 10
Accessory(3)
Maximum Building 35 35 35 35 45(7)
Height
Distance Between N.A. N.A. N.A. 10 .5 BH
Structures
Floor Area Min. 1200 1200 1200 1000 750
(SF)
BH = Building Height
1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred
(3,500) square feet for a total minimum of seven thousand (7,000) square feet.
2. Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or
-- lots located on curvilinear streets provided the minimum lot area is still
maintained.
3. Accessory uses such as pool enclosures may be attached to principal uses.
4. Where the zero (0) foot yard option is utilized, the opposite side of the structure
shall have a ten (10) foot side yard. Zero (0) foot yards may be used on either
side of a structure provided that the opposite ten (10) foot side yard is provided.
5. Singly family dwellings which provide for two (2) parking spaces within an
enclosed side-entry garage and provide for guest parking other than private
SECTION VII PAGE 4 ~
driveways may reduce front yard requirements to ten (10) feet for the garage and
twenty (20) feet for the remaining structures.
6. Building height shall be the vertical distance from the first finished floor to the
highest point of the roof surface of a flat or Bermuda roof, to the deck line or a
Mansard roof and to the mean height level between the eaves and the ridge of
gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty (20)
feet above grade.
7. Four habitable floors above parking. A maximum of seven habitable floors above
parking may be approved to enhance view corridors and to permit interface with
preserve areas so long as not incompatible with adjoining properties upon
approval of the Development Services Director through a conceptual or Final Site
Development Plan. Buildings adjacent to the project boundary property line on
the west shall be limited to three habitable floors above parking.
8. A fifty (50) foot front and rear yard setback shall be provided along the north-
south road that runs along the western edge of the property, however, tract
thirteen (13) located south of the Club House may maintain a twenty-five (25)
foot setback.
SECTION VII PAGE 5 ~
SECTION VIII
COMMUNITY SHOPPING AND BUSINESS OFFICE CENTER
8.01 PURPOSE
The purpose of this section is to set forth the plan and
regulations for the areas designated on Exhibit "E" Development
Plan as Community Shopping and Business Office Center ("C").
8.02 PERMITTED USES & STRUCTURES
No building or structure, or part thereof, may be erected,
altered or used, or land or water used, in whole or in part, for
other than the following:
A. Permitted Uses
1. All commercial uses permitted by right in the C-3,
Commercial Intermediate District of the Section
2.2.14 of the Land Development Code in effect as of
the date this PUD is approved, including a personal
self storage center group (4,225).
2. Any other commercial use or professional service
which is comparable in nature with the foregoing
uses and which the Development Services Director
finds compatible within the district.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily
associated with the uses permitted in this district.
2. Temporary sales/information facilities may be
permitted at the Director's discretion.
8.03 MINIMUM YARD REQUIREMENTS
Buildings shall be set back a minimum of 35 feet from all
roadways and tract boundaries.
8.04 BUILDING SEPARATION
All buildings shall be separated 20 feet or one-half the sum
of their heights whichever is greater except that in the case of
cjustered buildings with a common architectural theme. These
distances may be less provided that a site development plan is
approved by the Development Services Director.
8.05 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES
SECTION VIII PAGE
One thousand square feet per building on the ground floor
except that free standing specialty structures of nationally
recognized standard size less than one thousand square feet shall
be permitted when site development plan approval has been
received.
8.06 MAXIMUM HEIGHT
50 feet above finished grade of lot.
8.07 MINIMUM OFF-STREET PARKING & OFF-STREET LOADING REQUIREMENTS
As required by the Land Development Code of Collier County.
8.08 MINIMUM LANDSCAPING REQUIREMENTS
As required by Section 2.4 of the Land Development Code of
Collier County.
8.09 SIGNAGE
Signs as permitted by Section 2.5 of the Collier County Land
Development Code in effect at the time a permit is requested.
8.10 SITE DEVELOPMENT PLANS
As required by Division 3.3 of the Land Development Code of
Collier County.
8.11 DEVELOPMENT INTENSITY
The commercial component of the project is limited to a
maximum of 12.5 acres or one hundred and sixty-five thousand
(165,000) S.F. of floor area. (See ~lso Section 8.13 of this
Ordinance.)
8.12 ARCHITECTURAL AND SITE DESIGN STANDARDS
All development within the commercial area of Olde Cypress
as depicted on the PUD Master Plan shall be unified for each
tract including building designs, landscaping, and signage and
shall meet the requirements of Division 2.8 of the Land
Development Code.
SECTION VIII PAGE 2 ~
8.13 STANDARDS FOR PERSONAL SELF STORAGE CENTERS
A. For each acre or fraction thereof that is developed with
personal storage facilities in lieu of retail uses, a
proportional amount of retail area shall be forfeited. For
example, if six (6) acres of personal storage facilities are
developed in lieu of retail uses, seventy nine thousand two
hundred (79,200) S.F. of retail uses will be deducted from
the maximum square footage permitted for the commercial
retail area.
B. Personal self storage facilities may operate from 7:00a.m.
and 8:00p.m.
C. Individual businesses within the personal self storage
center are prohibited.
D. Open space within the self storage center shall be thirty
(30) percent minimum.
E The location of the personal storage facility shall be
limited to the west side of the entrance into the commercial
tract and shall be located to the rear of commercial uses
fronting along Immokalee Road, and south of the Preserve
area located on the Olde Cypress PUD Master Plan. This
location will serve to minimize any impacts on adjacent
properties.
SECTION VIII PAGE 3
SECTION IX
GENERAL DEVELOPMENT COMMITMENTS
9.01 PURPOSE
The purpose of this section is to set forth the standards for
development of the project.
9.02 PUD MASTER DEVELOPMENT PLAN
A. The PUD Master Plan and the Development Plan iljustrate
a preliminary development plan.
B. The design, criteria and lay-out iljustrated in the
Master Plan and Development Plan shall be understood as flexible
so that the final design may comply with all applicable
requirements and best utilize the existing natural resources.
C. All necessary easements, dedications or other
instruments shall be executed or granted to insure the continued
operation and maintenance of all service utilities.
D. Minor design changes which are in the spirit of this
document are permitted subject to staff review and approval.
Staff shall review any proposed change for compliance with this
PUD document, compliance with the general intent of the Master
Plan, compatibility with surrounding uses, and maintenance of the
preservation areas.
E. Amendments to this Ordinance and PUD Master Plan shall
be made pursuant to Section 2.7.3.5 of the Collier County LDC in
effect at the time such amendments may be requested.
F. Overall site design shall be harmonious in terms of
landscaping and enclosure of structures, location of all improved
facilities and location and treatment of buffer areas.
G. To protect the integrity of the Planned Unit
Development, the access roads may be private roads as shown on the
Development Plan which may be protected by a guard house or other
limited access structure with the exception of temporary
construction roads necessary to construct and build certain
facilities on the project.
H. Water management facilities and lakes shall be only the
size and depth required to meet the needs of the developer for
fill on the property or as required for water management and water
quality purposes. The developer shall use the material excavated
SECTION IX PAGE 1
from these lakes as fill as needed on the site for road, building
and general site grading. All lakes greater than two (2) acres
may be excavated to the maximum commercial excavation depths set
forth in Land Development Code Section 3.5.7.3.1.
I. The Olde Cypress PUD shall be subject to Section
2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and
Section 2.7.3.6, thereof Monitoring Requirements.
9.03 CLEARING, GRADING, EARTH WORK & SITE DRAINAGE
All clearing, grading, earth work and site drainage shall be
performed in accordance with all applicable state and local codes.
Environmentally sensitive areas and protected plant species will
be carefully marked and protected during construction using the
best available management techniques so as not to harm any such
areas or plants.
9.04 UTILITIES
A. Water and Sewer
1. Water distributions and sewage collection and
transmission systems will be constructed throughout the project
development by the developer pursuant to all current requirements
of Collier County and the State of Florida. Water and sewer
facilities constructed within platted rights-of-way or within
utility easements required by the County shall be conveyed to the
County for ownership, operation and maintenance purposes. All
water and sewer facilities constructed on private property and not
required by the County to be located within utility easements
shall be owned, operated and maintained by the Developer, his
assigns or successors. Upon completion of construction of the
water and sewer facilities within the. project, 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 conveyance or transfer is requested, prior to being placed
into service.
2. All construction plans and technical
specifications and proposed plats, 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.
3. All customers connecting to the water distribution
and sewage collection facilities will be customers of the County
SECTION IX PAGE 2
and will be billed by the County in accordance with the County's
established rates.
4. It is anticipated that the County Utilities
Division will ultimately supply potable water to meet the
consumptive demand and/or receive and treat the sewage generated
by this project.
5. An Agreement shall be entered into between the
County and the Developer, binding on the Developer, his assigns or
successors, legally acceptable to the County, prior to the
approval of construction documents for the proposed project, state
that:
a) Connection to the County's off-site water
and/or sewer facilities will be made by the owners, the assigns or
successors at no cost to the County. 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), etc.
b) The following water and/or sewer facilities
shall be conveyed to the County pursuant to appropriate County
Ordinances and Regulations in effect at the time:
1) All water and/or sewer facilities
constructed in publicly owned rights-of-way or within utility
easements required by the County within the project limits and
those additional facilities required to make connection with the
County's off-site water and/or sewer facilities; or
2) Main sewage, lift station and force main
interconnecting with the County sewer facilities including all
utility easements necessary;
c) All 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.
d) The Developer, his assigns or successors
agree to pay all system development charges at the time that
Building Permits are required, pursuant to appropriate County
Ordinances and Regulations in effect at the time of Permit
request. This requirement shall be made known to all prospective
buyers of properties for which building permits will be required
SECTION IX PAGE 3
prior to the start of building construction.
B. The project's Owner(s), his assigns or successors
shall negotiate in good faith with the County for the use of
treated sewage effluent within the project limits, for irrigation
purposes. The Owner would be responsible for providing all on-
site piping and pumping facilities from the County's point of
delivery to the project and negotiate with the County to provide
full or partial on-site storage facilities, as required by the
DEP, consistent with the volume of treated wastewater to be
utilized OLDE CYPRESS has first rights to effluent generated by
the project.
C. Construction and ownership of the water and sewer
facilities shall be in compliance with all Utilities Division
Standards, Policies, Ordinances, etc. in effect at the time
construction approval is requested.
D. A detailed hydraulic design report covering the
water distribution system to serve the project must be submitted
with the construction documents for the project. The report shall
list all design assumptions, demand rates and other factors
pertinent to the system under consideration.
9.05 SOLID WASTE DISPOSAL
Necessary arrangements and agreements shall be made with an
approved solid waste disposal service to provide for solid waste
collection service to all areas of the project.
9.06 RECREATIONAL FACILITIES
The nature trails, bike paths, and other recreational areas
and facilities and access thereto shall be maintained by a home
owners association. In addition, any future recreational
facilities, as may be needed by the future residents of this
project, shall be funded through a system of revenues collected by
the home owners association. Every residential unit owner of the
development shall become a member of the home owners association.
9.07 TRAFFIC IMPROVEMENTS
a. The proposed primary road within the project shall be
classified and built to County Subdivision requirements for a
minor collector.
b. The PUD document, section 9.02-G, states that the roads
may be private. The road through the commercial area may possibly
be designated public providing all design requirements and
SECTION IX PAGE 4
stipulations of the Engineering Department are complied with at
time of design and construction.
c. The project shall be provided with three (3) access
points to Immokalee Road.
d. All access roads/drives shall be limited to the access
points shown on the master plan. The proposed commercial areas
shall not have direct access to Immokalee Road. All drives shall
be connected to the access roads built by this project.
e. All traffic control devices used, excluding street name
signs, shall conform with the MUTCD (Chapter 316.0747, Florida
Statutes).
f. If the four laning of Immokalee Road has not been
started, the developer shall provide an eastbound left turn
storage lane and a westbound deceleration lane at each project
entrance before any certificates of occupancy are issued.
g. The developer shall provide a fair share contribution
toward the capital cost of a traffic signal at any project
entrance when deemed warranted by the County Engineer. The
signals shall be owned, operated and maintained by Collier County.
h. The developer shall provide arterial level street
lighting at each project entrance. The operating and maintenance
costs of these units shall be assumed by Collier County.
i. The north-south local road on the western side of the
project shall be platted as a public right-of-way and shall be
constrained to a two lane (sixty foot (60') right of way)
configuration over the north half of the project.
9.08 STREETS
The streets within the project may be privately owned and
maintained. The access streets which cross environmentally
sensitive (permit required) areas will be minimized in width to
reduce impacts on the environment upon approval of the County
Engineer and the Development Services Department. Typical
sections are attached as Exhibit "G"
9.09 SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS
A. Land Development Code, Section 3.2.8.3.19: Street name
signs shall be approved by the County Engineer but need not meet
U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices.
Street pavement painting, striping, and reflective edging
SECTION IX PAGE 5
requirements shall be waived, except at entrances.
B. Land Development Code, Sections 3.2.8.3.17, 3.2.8.3.18,
and 3.2.8.4.16: Street right of way and cross-section for
specified private roads shall be as shown on Exhibit "G"; provided
that a sidewalk or bikepath be provided on both sides of four lane
roads and the "primary" road shall meet subdivision requirements
for a minor collector.
C. Land Development Code, Section 3.2.8.4.16: The 1,000
feet maximum dead-end street length requirement is waived.
D. Land Development Code, Section 3.2.8.4.16: Back of
curb radii at street intersections shall be a minimum of 30 feet
for local roads only.
E. Land Development Code, Section 3.2.8.4.16: The
requirement for 100 feet tangent sections between reverse curves
of streets will be waived if agreed upon by the County Engineer
and the Development Services Department.
F. Land Development Code, Sections 3.2.8.3.24 and
3.2°8.4.20: The requirement for blank utility casings shall be
waived except at entrances, subject to installation of utilities
prior to street construction.
G. Land Development Code, Sections 3.2.8.3.11, 3.2.8.4.10,
and 3.2.8.4.23: The requirement that PRM's be installed in
typical water valve cover is waived.
H. Right-of-Way requirements shall be determined in
accordance with the general requirements of Division 3.2
Subdivisions, however, road right-of-way widths less than the
typical requirements may be approved based on appropriate
technical justification that insures that the public health,
safety, and welfare will be maintained at the time of Application
for Subdivision Master Plan.
9.10 POLLING PLACES
Polling Places shall be provided in accordance with Collier
County Land Development Code, and as may be amended in the future.
9.11 ENVIRONMENTAL STIPULATIONS
A. Petitioner shall be subject to the County's Groundwater
Protection Ordinance.
SECTION IX PAGE 6
B. Prior to commencement of construction, the perimeter of
the protected wetlands and buffer zones shall be staked and roped
to prevent encroachment into the preserve areas identified in the
South Florida Water Management District Permit, subject to the
approval of the South Florida Water Management District (SFWMD)
and Collier County Development Services staff. The staking and
roping shall remain in place until all adjacent construction
activities are complete.
C. Wetland preservation/mitigation areas, upland buffer
zones, and/or upland preservation areas shall be dedicated as
conservation and common areas in conservation easements as well as
on the plat with protective covenants per or similar to Section
704.06 of the Florida Statutes, provided that said covenants shall
not conflict with South Florida Water Management District Permit
No. 11-01232S.
D. Development shall be pursuant to the existing South
Florida Water Management District Permit No. 11-01232S, and U.So
Army Corps of Engineers Permit No. 1989909601PMN. Any amendments
to these Permits shall be subject to review and approval by
Current Planning Environmental Review Staff.
E. Buffer zones adjacent to the preserve areas shall be
pursuant to South Florida Water Management District Permit No. 11-
01232S.
F. An exotic vegetation removal, monitoring, and
maintenance (exotic-free) plan for the site, with emphasis on the
conservation/preservation areas, shall be submitted to Current
Planning Environmental Review Staff for review and approval prior
to final site plan/construction plan approval. Such plan shall be
consistent with the requirements of Division 3.9 of the Collier
County Land Development Code (CCLDC) and South Florida Water
Management District Permit No. 11-01232S.
G. Replacement and mitigation plantings shall be randomly
spaced and/or clumped at the densities quoted in OLDE CYPRESS
Onsite Wetland Mitigation and Monitoring Plan (SFWMD Phase I
Construction), to emulate a more natural environment.
9.12 WATER MANAGEMENT STIPULATIONS
A. Detailed site drainage plans shall be submitted to the
County Engineer for review. No construction permits shall be
issued unless and until approval of the proposed construction in
accordance with the submitted plans is granted by the Water
Management Advisory Board and County Engineer.
SECTION IX PAGE 7
B. Construction of all water management facilities shall
be subject to compliance with the appropriate provisions of the
Collier County Land Development Code.
C. An Excavation Permit will be required for the proposed
lakes in accordance with Collier County Land Development Code.
D. Storage of hazardous materials in aboveground and
underground tanks shall conform to the minimum requirements
provided in F.A.C. 17-61. For the purpose of this stipulation,
hazardous materials are defined as those materials addressed in
the EPA's Toxic and Controlled Substance list. A Spill Prevention
Control and Countermeasure Plan for all above storage and
underground tanks shall be approved by the Water Management
Director and Development Services Director, considering
recommendations from the Environmental Science and Pollution
Control Department Director.
E. Construction activities on this project shall be
coordinated with construction contracts to implement improvements
to the Cocohatchee Canal (CR 846 Borrow Canal) by the developer in
accordance with the recommendations of the 1981 Gee and Jenson
Hydrologic Report No. 2420, prepared for the Big Cypress Basin
Board. Said canal improvements shall be limited to the canal
reach along Section 21, Township 48 South, Range 26 East and two
(2) designated farm crossings in Section 20 unless previously
completed by other parties.
F. When required by the County, the developer agrees to
contribute his fair share on a pro-rata tributary area/run-off
volume basis to implement the canal improvements to serve the
remainder of the Cocohatchee Canal watershed.
9.13 FIRE STATION
Prior to issuance of any building permits, a fire station
serving this project must be operating within five (5) miles of
the project.
9.14 ARCHEOLOGICAL RESOURCES
The developer shall be subject to Section 2.2.25.8.1 of the
LDC pertaining to archeological resources in the event such
resources are located on the subject property.
3 * WOODLJ~ND \ P~. F~
~ril 28, 1999
W:\ 1996\ 1996080\RLD~UD2.doc
SECTION IX PAGE 8
EXHIBIT B
Section 21, Township 48 South, Range 26 East, Collier County, Florida, less the
South 100 feet thereof, being a Collier County canal right-of-way, also excepting
the following described parcels located in said Section 21, E ~A of SW ¼ of NW ¼,
and the W ~ of SE ¼ of NW ¼, and the W ~ of SE ¼ of SE ¼, and the W ½ of W
~ of SW ¼ of SE ¼, and the SE ¼ of SW ¼, and the E ~ of W ~ of SW ¼ of SW
¼, and the E ~ of SW ¼ of SW ¼.
All of the foregoing subject to any limitations, dedications, reservations,
restrictions or easements of record.
Property contains: 500.11 acres +
W:\1996\1996080XRLDXrevised legal.doe
cn 60' R.O,W, SECTION
W
10o' R.O,W.
I
03 12° 0.02 FT/FI' ·
~: S'U:~LwNJc cue
0 11/2' ASPHAt'fiG 8' UM[RCX:X BAS~: (PPJMED)
C~ SUZZ~ sue c;tADs (urn 40)
/
o 100' R.O.W. SECTION
"/ : · N.T.S.
03
~ THE WOODLANDS
~ -. .-. - . .-. <:--,: :-
· -,~~ - - .-.
'; . ~.', "'. '- 7' ',"."U; '~<_." '-,~ .: ""
'?,-, .,, ~, :,:' .- -, ,':.,~ :<'::,:,,~. ~ - ..- . , ,. -,,'
· . ,_ - ........~.-:~:..... :~: .,,,~.,.; ,.,,;, ..- ....._ .-{:! ._:-~.- -.
:. ',: .... ' . ..:_,1 '-~ .-:. :.,. , .,,e',;,'.,:l- .'~ .:',':': , "" ' '1::, ' °- ' :
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-27
Which was adopted by the Board of County Commissioners on the
27th day of April, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 29th day of April, 1999.
DWIGHT E. BROCK
Clerk of Courts
Ex-officio to Boaz
County Commi
By: Ellie Hoffman,
Deputy Clerk