Ordinance 98-024 ORDINANCE NO. 98-24
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
45~'.."- COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
>~\ THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
~\ BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER
~%~ ~!~\ 8520S; BY CHANGING THE ZONING CLASSIFICATION OF
~ ~'THE HEREIN DESCRIBED REAL PROPERTY FROM RMF-6,
_~'~ ~ ~JRMF-12ST[6) AND RMF-12[6) TO "PUD" PLANNED UNiT ~
~ ~? DEVELOPMENT KNOWN AS THE DUNES FOR A MIXED ~ ~
CORNER OF 111 AVENUE NORTH (BLUEBILL AVENUE ~ __ ~
901), FURTHER DESCRIBED AS LOTS 1 THRU L ~ [71
1, ALL OF BLOCK 2 AND LOTS 1 THRU 16, BLOCK 3~ ~.
WIGGINS PASS LANDINGS UNIT #1, AND LOTS 1 THR= 4, u~
BLOCK 1, WIGGINS PASS LANDINGS Unit #1 ADDITION, ~
IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 88.5 ACRES
MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Karen Bishop of Project Management Services, Inc.,
representing Signature Communities, Inc., petitioned the Board of
County Conunissioners to change the zoning classification of the
herein described real property;
NOW, THERE'FORE 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 20, Township 48 South, Range 25 East,
Collier County, Florida, is changed from RMF-6, RMF-12(6) and
RMF-12ST(6) to "PUD" Planned Unit Development in accordance with
The Dunes PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas Map
Number 8520S, as described in Ordinance Nuraber 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 of ~,'2/,,~,~-~A/ ,
1998.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST: ' ~>.~'~.
"',,,'.. ~ ~' ~. .'~ .~,?-~
and Legal Suffic~ency
MarJ~ie'M. S~udent ~~,
Assistant County Attorney
-2-
THE DUNES
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING THE DUNES, A PLANNED
UNIT DEVELOPMENT, PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
SIGNATURE COMMUNfFIES, INC.
PREPARED BY:
PMS, INC. OF NAPLES
2335 TAMIAMI TRAIL NORTH
SUITE 408
NAPLES, FLORIDA 34103
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC 3/24/98
ORDINANCE NUMBER 'gFZ'L~
AMENDMENTS AND REPEAL
Kill!IT
LIST OF EXHIBITS iii
STATEMENT OF COMPLIANCE iv
PROPERTY OWNERSHIP, LEGAL AND
GENERAL DESCRIPTION 1-1 through ! -2
PROJECT DEVELOPMENT 2-I through 2-5
RESIDENTIAL DEVELOPMENT AREAS 3-I through 3-3
PRESERVE DISTRICT 4-1 through 4-2
GENERAL DEVELOP~ COMMITMENTS 5-1 through 5-6
EXItIBIT "A' PUD MAh~FER PLAN
ii
EXHIBIT #A PUD Master Plan
iii
STATEMENT OF COMPLIANCE
The development of approximately 88.55 acres of property in Collier County as a Planned Unit
Development to be known as The Dunes will be in compliance with the goals, objectives, and policies of
Collier County as set forth in the Growth Management Plan. The Dunes is to be a multi-family
residential and associated recreational use project that will be consistent with applicable elements of the
Collier Growth Management Plan for the following reasons:
1. Traffic ways, utilities, and other public facilities necessary to serve The Dunes project arc
adequate. The Dunes will participate in the expansion of existing public facilities to the extent of
its impact on those facilities via payment of impact fees.
2. The Dunes project will be compatible with and complimentary to existing and planned land uses
in the vicinity. Project lands lie in a Iransition area which includes low-rise residential
development and high-rise multi-family development.
3. The property was down zoned during the Zoning Re-evaluation Process which resulted in an
action establishing RMF 6 and RMF 12 (6) zoning districts ess,yatially establishing a density of
six (6) dwelling units per acre and mixed residential land uses. The property contains a gross
acreage of 88.55 acres and based on a density of six (6) dwelling units per gross acre, the PUD
provides for five hundred and thirty one (531) dwelling units. This action makes the land use
and density consistent with the Future Land Use Element of the Growth Management Plan.
4. Development commitments contained within this PUD will ensure that development of the
subject property will proceed in a manner consistent with applicable elements of the Growth
Management Plan.
SHORT TITLE
This ordinance shall be known and cited as the 'THE DUNES PLANNED UNIT DEVELOPMENT
ORDINANCE".
iv
SECTION !
PROPERTY OWNERSHIP, LEGAL AND GENERAL 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 THE DUNES.
1.2 LEGAL DESCRIPTION
All land (lots and dedicated areas) described in and made subject to the plats of Wiggins Pass
Landings Unit i' as recorded in Plat Book 10, Page 44, of the Public Records of Collier County,
Florida and Wiggins Pass Landings Unit 1 Addition as recorded in Plat Book 10, Page 81, of the
Public Records of Collier County, Florida.
Beginning at the Southeast comer of Section 20, Township 48 south, Range 25 east, Collier
County, Florida, run N 89%52' 20" W, along the South line of said Section 20, for 2053.75 feet,
to the point of beginning of Baker-Carroll Point, as recorded in Plat book 8, page 42 of the public
records of Collier County, Florida; thence run N 0%14' 00" W, for 1698.90 feet; thence run N
34%26' 15" F_,, for 439.48 feet; thenc~ run N 87%48' 00" F., for 1481.48 feet; thence run S
02%12' 00" F., for 163.77 feet; thence run N 87%48" 00" E, for250.00 feet, to the East line of
said Section 2~ thence run S 02%12' 00" E, along said East line for 1970.19 feet, to the point
of beginning, also less and except the Southerly i 298.93 feet of the Easterly 649.46 feet thereof;
less and except the Southerly 90.00 feet and the Easterly 50.00 feet thereof for highway purposes.
A subdivision of the Southerly 1298.93 feet of the Easterly 649.46 feet of Section 20 Township
48 south, Range 25 east, Collier County, Florida, less the Easterly 50 feet thereof and less the
Southerly 90 feet thereof, containing 16.65 acres.
1.3 PROPERTY OWNERSHIP
A.L Dougherty Co., Inc., a Delaware Corporation.
Ray Heller, Hal Partenheimer, Royd J. Ramre, Dale L. Rish, and David L. Brennan, as
trustees of Delnor Neptune Properties, per Declaration of Trust under Ohio law.
Delnor Enterprises Unit 11 Partners, an Ohio General Partnership.
Delnor Towers Unit 9, Inc., an Ohio Corporation.
1-1
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located in the northwest quadrant of the intersection of Bluebill Avenue
and Vandcrbilt Drive, and is bounded on the West by the Baker-Carroll Point Subdivision
Plat as recorded in Plat Book 8 Page 42, of the Public Records of Collier County, Florida.
The property is bounded on the North by jurisdictional wetlands, on the East by Vanderbilt
Drive, and on the South by Bluebill Avenue.
PHYSICAL DESCRIPTION
The project extends east from Baker-Cart'oil Point on the West and includes pan of the manmade
waterway on the West, to mangrove forests, to a beach dune vegetated with scubby Pine
fiatwoods. Natural drainage of the upland portion of the property is weslerly and northerly into
wetlands which border tidal waters. Water management for the project will be the constructed
water storage type, either lake or created weftand marsh type, or a combination of the two. Storm
waters which exit the storage areas will do so via one or more control structures which are
authorized as a pan of the Water Management permits issued by Collier County and the South
Florida Water Management District. Topography within the project is varied, ranging from sea
level to 12.-t: feet above sea level. The entirety of the site, except for the mangrove fringe along
the West boundary of the property, lies within Flood Zone AE (EL 1 I') according to FIRM Panel
0189E. Soil types within the project include Basinget Fine Sand, Durbin and Wulfert Mucks,
and Urban Land Satellite Complex.
The Dunes project will be a multi-family residential and recreational facilities community which
will be developed with a maximum of 531 dwelling units. The buildings shall not exceed a
height of one hundred and twenty-five (125) feet above the Mean flood Elevation established by
law as iljustrated on the Master Plan.
1-2
SECTION II
PROJECT DEVELOPMENT
:2.1 PURPOSE
The purpose of this ~--tion is to generally describe the pro~-'t plan of development, relationships to
applicable County ordinances, the respective land uses of the U'ac~ included in the project, as well as
other project relationships,
2.2 GENERAL
A. D~velopment of The Dunes shall be in accordanc~ with the content of this Planned Unit
D~velopment document and applicable sections of the Collier County Land D~velopment Code
and Growth Management Plan in effect at tl~ time of issuanc~ of any development order, such as
but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and
Preliminary Wo~c Authorization, to which such regulations relate. Where these regulations 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
the 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 The Dunes shall become part of the regulations which govern the manner in which
the PUD site may be developed.
D. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable,
remain in full force and effect with respext to the development of the land which comprises this
PUD.
E. Development permitted hereby will be subject to concurrency review under the provisions of
Division 3.15, Adequate Public Facilities, of the LDC.
2..3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including layout of streets and use of land for the various parcels, is
iljustrated graphically by Exhibit "A", the PUD Master Development Plan. The nature and extent
of !and uses within the project is indicated by the following table:
2-1
Residential 531 85.55
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat all or part of the PUD, final
plans for all required improvements shall receive approval of the appropriate Collier County
governmental agencies to insure compliance with the PUD Master Plan, the Collier County Land
Development Code, and the platting laws of the State of Florida, if applicable.
B. Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent
to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall he
submitted for the entire m'ca covered by the PUD Master Ran or alternatively for portions or
phases of it as developed. Any division of land and the development of the land shall be in
compliance with Division 3.2 of the Collier County Land Development Cede, 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 !and as provided in said Division
prior to the issuance of a building permit or other development order.
D. The development of any tract or parcel approved for residential development contemplating fee
simple ownership of land for each dwelling unit shall he required to submit and receive approval
of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the
Collier County Land Development Code prior to the submittal of construction plans and a Final
Subdivision Plat for any such portion of the tract or parcel.
E. Utility, road, public, private, easements shall he established as required during the SDP and/or
plat approval process.
F. Appropriate instruments will he provided at the time of infrastructure improvements regarding
dedications and the methed for providing perpetual maintenance of common facilities.
2.5 MODEL HOMES/SALES OFFICES
Medel home, sales centers and other uses and structures related to the promotion and sale of real estate
such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall
be permitted principal uses throughout The Dunes Community subject to the requirements of Section
2.6.33.4 of the Collier County Land Development code.
2-2
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to this PUD Ordinance as provided in the Collier County Land Development
Code, Section 2.7.3.3.
2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Common area maintenance will be provided by a Master Property Owners' Association to be created by
the developer. The property owners' association shall be responsible for the operation, maintenance, and
management of the surface water and stormwater management systems, and preserves serving The
Dunes Community, in accordance with the provisions of this PUD, together with any applicable permits
from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South
Florida Water Manngement District.
2.8 LANDSCAPE BUFFERS, BERM, FENCES AND WALLS
Landscape buffers, berms, fences, and walls are generally permitted as a principal use throughout The
Dunes Community. The following standards can be altered at the time of site plan approval by the
Development Service Director.
A. Landscape herins shall have the following maximum side slopes:
!. Grassed berms 4: !
2. Ground covered betins 3:1
3. Rip-Rap herins 1: 1
4. Structural walled berms - vertical
B. Fence or wall maximum height: six feet (6), as measured from the finished grade of the ground
at the base of the fence or wall. For the purpose of this provision, finished grade shall be
considered to be no g~ater than eighteen inches (18") above the highest crown elevation of the
nearest existing road unless the fence or wall is constructed on n perimeter landscape berm. In
these cases the wall shall not exceed six feet (6') in height from the top of berm elevation for
berm elevation with an average side slope of 4:1 or less, and shall not exceed four feet (4') in
height from the top of berm elevation for berms with an average side slope of greater than 4: !
(i,e. 3:1).
C. Landscape buffen, betms, fences and wails may be conswacted along the perimeter of The Dunes
Community PUD boundary prior to subdivision plat or site development plan submittal. All
such areas must be included in a landscape buffer easement on final plats, or in a separate
recorded instrument.
2-3
D. The South 25 feet of the property will he available for use by the owners of the Dunes Project
and by Collier County under the conditions herein set forth. The area shall serve as a landscape
buffer for the Dunes that will incorporate landscaping to buffer the Project from the adjoining
right of way. It may also incorporate a wall or fence meeting county requirements. The area
shall also be available for use by Collier County to incorporate a sidewalk, benches, storm
sewers and vehicle turnarounds to be used in conjunction with a planned county park and
parking area. This area will be established as such in any plat of the pwperty and a
non-exclusive easement shall be provided to Collier County that will restrict and limit public
use to use in conjunction with the proposed park and parking area as and when developed.
The Developer shall construct the landscaping and sidewalks within the area. Such
improvements are site related and are not eligible for impact fee credits. All other
improvements related to the proposed park and parking will he constructed by Collier County but
may be constructed by the Developer at its election, and at its expense, and subject to appwval
from the County Parks Director. If the Developer elects to and does construct such other
improvements they will he eligible for county park impact fee credit. All setbacks will he
measured from the south property line and the foregoing area will he included in the setback.
2.9 DESIGN GUIDELINES AND STANDARDS
The establishment of a Planned Unit Development is intended to encourage ingenuity, innovation and
imagination in the planning, design and development or redevelopment of relatively large tracts of land
under unified ownership or control, as set forth in the Collier County Land Development Code, Section
2.2.20.1.
The Dunes Community is planned as a private, functionally interrelated community under unified
control, to be developed over an extended time period. The developer will, stablish community-wide
design guidelines and standards to ensure a high and consistent level of quality for community features
and facilities, which include items such as landscaping, harriscape, waterscapes, signage, lighting,
pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, betms
and other similar facilities.
The Developer wi I! achieve the above objectives by means of recorded covenants, conditions, and
restrictions.
2-4
2.10 GENERAL PERMITtED USES
Certain uses shah be considered general permitted uses throughout The Dunes Community PUD except
in the Preserve District. General permitted uses arc those uses which generally serve the Developer and
residents of The Dunes Community and arc typically part of the common infrasu-ucture or are considereel
community facilities.
A. General Permitted Uses:
i. Essential services as set forth under the Collier County Land Development Code, Section
2.6.9. I.
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. Neighborhood parks, recreational facilities and community centers.
6. Temporary construction, sales, and administrative offices for the Developer and the
Developer's authorized contractors and consultants, including necessary access ways,
parking areas and related uses.
7. Landscape futures including, but not limited to, landscape buffers, berrns, fences and
walls subject to the standards set forth in Section 2.8 of this PUD.
8. 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:
I. Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for
guard houses, gatehouses, and access control structures which shall have no required
setback.
2. Setback from pwperty lines - Twenty (20') feet.
3. Minimum distance between structures which are part of an architecturally unified
gwuping - Five feet (5').
4. Minimum distance between unrelated structures - Ten feet (103.
6. Minimum floor area - None required.
2-5
7. Minimum lot or parcel area - None required.
8. Sidewalks, bikepaths, and cartpaths may be placed within County required buffers;
however the width of the required buffer shall be increased proportionately to the width
of the paved surface of the sidewalk, bikepath, or cartpath.
9. Standards for parking, landscaping, signs and other land uses where such standards ar~
not specified herein, are to be in accordanco with the Collier County Land Development
Code in effect at the time of Site Development Plan approval.
.11 OPEN SPACES REQUIREMENTS
The PUD Master Plan identifies appwximately 53 acres included in the Recreation, Landscape/Open
Space, Lakes and Preserve District designations. These areas fully satisfy the open space requirements
of Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code.
2.12 NATIVE VEGETATION RETENTION REQUIREMENTS
Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be
2-6
SECTION HI
RESIDENTIAL DEVELOPMENT AREAS
;3.1 PURPOSE
The purpose of this Section is to establish !and use r~gulations and development standards for the
residential development arras indicated on Exhibit "A", the PUD Master Plan.
3.2 MAXLMUM DWELLING UNITS
The maximum number of dwelling units permitted in the entire PUD is :$31. The property contains a
gross acreage of 88.5:$ acres and based on a density of six (6) dwelling units per gross acre, the PUD
provides for five hundff. d and thirty one (:$31) dwelling units. This action makes the land use and
density consistent witl} the Future Land Use Element of the Growth Management Plan.
Distribution of the dwelling units in the residential areas is not predetermined, and may occur as
authorized via Site Development Plan approval.
3..3 GENERAL DESCRIFFION
Areas designated "R" on the Master Plan ~ designed to accommodate a full range of residential
dwelling types, compatible nom'esidcntial uses, a full range of recreational facilities, essential services,
and customary accessory uses.
Final tract confi~,uration and actual acreages of all development tracts will be provided at the time of Site
Development Plan or P~liminary Subdivision Plat approvals in accordanc~ with Division 3.3 and
Division 3.2, respectively, of the Collier County Land Development Code, Residential
designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water
management facilldes, and other similar uses found in residential areas.
;3,4 USES PERMITTED
A.
1, Multi-family dwcrlings including garden apaamcnts,
2. Single-family attached/detached and townhouse dwellings,
3. Public parking
B.
]. Uses and structures customarily associated with principal uses permitted.
2. Private boathonse~ and docks, subject to Scc. 2.6,21 of the Collier County Land Development
Code, The approval for overnight docldng is subject to
presented to the Board of County Commissioners.
3-1
3. Recreational facilities ~hat serve as an integral part of the residential development and have
been designated, reviewed and approved on a site development plan or preliminary
subdivision plat for that development. Recreational facilities may include, but are not limited
to clubhouse, community center building and tennis facilities, parks, playgrounds and
playfields.
4. Recreational facilities and smenities for use by residents of the residential tracts.
DEVELOPMENT STANDARDS
A. Table ! 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 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.
D. Development standards for uses not specifically set forth in Table ! shell he established during the
Site Development Plan nppwval as set forth in 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.
E. In the case of residential structures with a common architectural theme, required property
development regulations may be waived or reduced as provided by the pwvisions in Article 2,
Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code.
All yards, setbacks, etc. shall be in relation to the individual parcel houndaries, except as otherwise
pwvided for by this document, or except as authorized via the Site Development Plan npl:woval process.
'rile D~ COMMUNFFY
DEVELOPMENT STANDARDS FOR
TABLE
DEVELOPMENT SINGLE FAMILY MULTI- HIGH-RISE
STANDARDS ATFACHED AND FAMILY MULTI-FAM
TOWNHOUSE DWELLINGS ! DWELLINGS II
Parcel R-2 Parcel R-2 Parcels 1-5
Mintmum 3,000 SF N/A N/A
Lot Am
Mintmum Lot Width .s 30 150 N/A
Front Yard 20 '~ 25 0.5 BH
Front Yard for
SIde Entry Garage 10 15 N/A
Side Yard '~ , Oor .S BH '~ 0.5 BH 0.5 BH
Rear Yard
Principal 20 BH BH
Rear Yard
Accessory 10
Rear Yard .a !0 O.S BH 0.5 BH
Maximum
Bldg Height .z 35 45 125' or 12 stories
Distance Between
Principal Structures O.S SBH O.S SBH O_S SBH
Floor Ar~a 1200 SF 10130 SF 1200 SF
Min. (S.F.)
Building
SBH.. (Sum of Bul MinI He|lbt):. Coined height of two adjacem bgi Minis for ~ puqxlm of desenntninI seltmek mquts~-mentt
AIIdlsunzsarzinfeciunleastwik-twis~noed.
*1 ~R~a~y~dsforptinc~p~and~cceasorymmsaw~stm~m~ractawhk~bu~a~ake~n~utisdin~n~enspac~ornativevegetati~upteservati~nareas~ybe
z~o (0') feel exizlx Ibst when sbu~inI I lake of waler body an atchita,-qural ~ Imalment shah be incorporated inlo te tiesign.
From yards shall be maasu~ as follow.-
A. ~f~he~:~rc~iss~tm~dbya~b~icti~f~w~y~setb~ckismeasumdf~m~eg~ght~f~way~
B. ~f~b~p~l~ss~vedbya~riva~em~d~st~back~smeasur~dfr~m~imeb~ck~cu~(~fcu/bed)~ed~sv~men~(~fn~t`:urbed)~
'2 - Buildings shall not exceed · height of one hundml and twenty-five (I 21) fe~ abo'~ Mean Flood Elevitkm .tab|ished by law as illmlratai on the Maslor l~sn.
°3 - Sinlie-family atticbed dwellings which provide for 2 parking spices will, in an enclosed lamp and ptovkk for luesl parking ~ tan in ptivase driv~.ays may
reduc~ll~frmWymdtequimmentlol'fortbelarageandlS'forlhetemaininlsu'uclm~-
*4~Z~r~f~(~)oraminimum~f~vefee~(y~n~i~k~s~dee~cep~d~a~w~t~/w~z~fee~U~)ya~dep6~aisuii~tr~d~pp~s~side~fihestmcms~shs/~havea
WmfootflO')ymmi Zetofeel(lY)ymds miybe ased ~boll, siduofi smsclum lxovided that ssosmscmmon any adjoining lot lkswilhin wm(lO}feel of
*.~ o Minimum Io~ wtdt may be n~inced by 2095 for ~'~141e-sae lots pmv|ded t~e minimum I~ sma sx~quismnen! is maintained.
'6 - Z~ro left (0') fo~x Iwvvlstotm do~s no~ stay to my exterior will of a slnscug~ a.m:l is inletdeal Io apply to I~e commou wall or will along interior lot lines within ·
serks of ~ or seml-/ktached tmi~s.
r/. Ax~asoOt uses sui:h as my
adjmcenl I~ wall of a msidem:e wil no window ope~ins.
3-3
SECTION IV
PRESERVE DISTRICT
4.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas within The
Dunes Community designated on the Master Plan as Preserve District.
4.2 GENERAL DESCRIPTION
Are~s designated as Preserve on the Master Ran are designed to accommodate a full range of
conservation and limited water management uses and functions. The primary purpose of the Preserve
District is to r~tain viab, le naturally functioning wetland and xeric upland systems, to allow for
restoration and enhancement of impacted or degraded wetland systems. and to provide an open space
amenity for the enjoyment of The Dunes Community residents.
4.3 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
!. Passive recreational areas, boardwalks, including recreational shelters and restrooms.
2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands).
3. Water management facilities, structures and lakes, including lakes with bulkheads or
other architectural treatments.
4. Any other conservation and related open space activity or use which is comparable in
nature with the foregoing uses and which the Development Services Director determines
to be compatible in the Preserve District.
DEVELOPMENT STANDARDS
A. All structures shall set back a minimum of five feet (5') from Preserve District boundaries and
roads, except for pathways, boardwalks and water management structures which shall have no
required setback.
B. Lighting facilities shall be arranged in a manner which will protect roadways and residential
properties from direct glare or unreasonable interference.
C. Maximum height of structures - Twenty five f~t (25').
4-i
D. Minimum distance between principal structures - Ten feet (10').
E. Minimum distance between accessory structures - Five feet
F. Minimum floor area - None required.
G. Minimum lot or parcel area - None required.
H. Standards for parking, landscaping, signs and other !and uses where such standards are not
specified herein or within adopted The Dunes Community Design Guidelines and Standards, are
to be in accordance with Collier County Land Development Code in effect at the time of Site
Development Plan Appwval. Unless otherwise indicated, required yards, heights, and floor area
standards apply to principal structures.
I. The Marginal Wharf shall be in compliance with the Manatee Protection Plan at the time of final
development order approval.
4.5 PRESERVE AREA CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by Collier County Land Development Code
Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, a
non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction
over Preserve District lands. In addition to complying with pwvisions of the Collier County Land
Development Code, said easement shall be provided in accordance with the terms set forth in any
applicable permit granted by other agencies. The Master Properly Owners' Association shall be
responsible for control and maintenance of lands within lhe Preserve District.
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SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the development of the
project
5.2 GENERAL
All facilities shall be constructed in strict accordance with this PUD document, applicable Final Site
Development Plans, Final Subdivision Plats, 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 t~ot to be platted. The Developer, its successor and assigns, shall be responsible
for the commitments outlined in this document.
53 PUD MASTER PLAN
A. Exhibit "A", the PUD Master Plan, iljustrates the proposed development and is conceptual in
nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be
construed to be specific and may be modified during the platting or site development plan
approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code,
PUD amendments 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.
C. The following shall be considered minor changes and refinements.
I. Recon~guration of preserve areas, jurisdictional wetland limits, and mitigation features as
a result of regulatory agency review.
2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such
changes are consistent with the criteria of the South Florida Water Management District
and Collier County and where there is no further encroachment into preserve areas.
3. Internal realignment of rights-of-way other than a relocation of access points to the PUD.
4. Reconfiguration of residential parcels when there is no encroachment into preserve areas.
S.,I SCHED~E OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
A. Initiation of construction on The Dunes project is expected to occur in calendar year 1998.
Marketing of residential sites will began in calendar year 1997. Construction is expected to be
concluded by not later than calendar year 2008.
B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6
of the Collier County Land Development Code.
POLLING PLACES
Pursuant to Section 2.6.30 at the Land Development Code, provision shall be made for the future use of
space within a common building for the purpose of accommodating the function of an electoral polling
place. .
An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier
County, which shall be binding upon any and all successors in interest that acquire ownership of such
common areas including, but not limited to, condominium associations, homeowner associations, or
community recreation/public buildings/public rooms or similar common facilities to be used for a
polling place if determined to be necessary by the Supervisor of Elections.
$.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS
A. Private sweets shall conform with the right. of-way width requirements of Subsection
3.2.8.4. ! 6.5 of the LDC except as follows:
Cul-de-sac and local sweets less than one thousand feet (1,000') in length are required to
have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel
lanes as required by Subsection 3.2.8.4.16.5.
All other cul-cle-sacs are required to have a minimum of forty foot (40') fight-of-way
width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5.
All other local streets are required to have a minimum forty feet (40') fight-of-way and
two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5.
Cul-cle-sacs may exceed a length of fifteen hundred feet (1500') as required by subsection
3.2.8.4.16.6.
Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10.
Street grades may exceed four percent (4%) under Subsection 3.2.8.4. 16.14 provided that
applicable Florida Department of Transportation, Manual of Uniform Minimum
Standards (FDOT MUMS) and AASHTO criteria are met.
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~.7 TRANSPORTATION
The development of this PUD Master Plan shall be subject to and governed by the following conditions:
A. Work within Collier County right-of-way may meet the requirements of Collier County
Right-Of-Way Ordinance No. 93-64.
B. Both northbound and southbound turn lanes may be required on Vanderbilt Drive. Turn lanes
shall be in place and available for all phases of the project including initial construction, sales
center operation and final occupancy.
C. Both eastbound and westbound turn lanes may be ultimately required on Bluebill Avenue the
proposed secondary entrance. Turn lanes shall be in accordance with Collier County
Right-of-Way Ordinance #93-386. A driveway connection with 50 foot radius returns shall be
sufficient for the opening of a sales facility prior to the turn lane warrants. Access on Bluebill
Avenue shall be coordinated with the proposed county park. The Bluebill Avenue access may be
developed as a shared joint access with the county park. The B'luebill Avenue access shall be a
secondary access for The Dunes and may be eliminated at the Developer's request subject to
approval by the county transportation department. Construction traffic and other truck traffic
shall not be permitted through the Bluebill Avenue access. A sales facility and entrance may be
operated by the Developer using the secondary entrance. Guests, deliveries, and all truck traffic
shall use the main access on Vanderbilt Drive. A properly functioning card entry gate is an
acceptable means of establishing the Bluebill Avenue access as a secondary entrance.
D. The applicant shall be responsible for the installation of street lighting at all project entrances at
the time of construction.
E. Substantial competent evidence shall be provided by the developer to the effect that the project is
designed to provide capacity and treatment for historical roadway runoff. In addition, site
drainage shall not be permitted to discharge directly in any roadway drainage system.
F. All required improvements, excluding right-of-way donations for roadway segments specifically
mentioned in the County's Five-Ten Year Work Plan, shall be considered "site related" as
defined in Ordinance 92-22, as amended, the Collier County Road Impact Fee Ordinance, and
shall not be eligible for credit toward any road impact fees required by that ordinance. This
stipulation specifically refers to site-related turn lanes mentioned in Items C and D above.
G. The applicant shall contribute a fair share toward the cost of traffic signals at any project entrance
or at the intersection of Vanderbilt Drive and 111 th Street, if and when deemed warranted by the
County. Such traffic signals shall be owned, operated and maintained by the County.
H. Compensating right-of-way for turn lanes and median areas shall be dedicated by the applicant to
reimburse the County for the use of existing right-of-way following the procedure authorized by
Section 2.2.20.3.7 of the Collier County Land Development Code. Such dedication shall be
considered site related and there shall be no road impact fee credit to the applicant.
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I.' Developer shall be responsible for the construction of a minimum 5 foot wide (minimum 6 foot
wide along back of curb over bridge) concrete sidewalk along the north side of Bluebill venue
frontage and up to and tying into the sidewalk at Delnor Wiggins Park to the west and Vanderbilt
Drive to the east. The sidewalk shall be coordinated with the proposed county park relative to
grade and location. Sidewalk improvements over the bridge may require additional bridge
widening to accommodate travel lanes, bike lanes, curb & guucr, sidewalks and safety barriers.
Such improvements are considered site related and there shall be no mad impact fee credit to the
applicant. The Developer may satisfy this requirement by contributing the necessary funds to
Collier County.
5.8 WATER MANAGEMENT
The development of this PUD Master Plan shall be subject to and governed by the following conditions:
A. A copy of the SFWMD Surface Water Permit or Early Work Permit with staff report is required
prior to final construction plan approval.
B. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of
the LDC and SFWMD rules.
5.9 UTILITIES
The development of this PUD Master Plan shall be subject to and governed by the following conditions:
A. Water distribution, sewage collection and transmission lines to serve the project are to be
designed, constructed, conveyed, and/or owned and maintained in accordance with Collier
County Ordinance No. 97-17, as amended, and other applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities to be
constructed will be customers of the County and will be billed by the County in accordance with
the County's established rates.
C. The on-site water distribution system serving the project must be connected to the Districes water
main and must be consistent with the main sizing requirements specified in the County*s Water
Master Plan and extended throughout the project. During design of these facilities, the following
features shall be incorporated into the distribution system:
1. Dead. end mains shall include dead-end flushing hydrants.
2. Stubs for future system interconnection with adjacent properties shall be provided to the
property lines of the project at locations to be mutually agreed to by the County and the
Developer during the design phase of the project.
D. The utility construction documents for the project's sewerage system shall be prepared so that all
sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump
station. Due to the design and configuration of the master pump station, flow by gravity into the
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station will not be possible. The Developer's engineer shall meet with the County staff prior to
commencing preparation of construction drawings so that all aspects of the sewerage system
design can be coordinated with the County's Sewer Master Plan.
E. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to
serve this project and reinforced as required, if necessary, consistent with the County's Water
Master Plan to insure that the Districes water system can hydraulically provide a sufficient
quantity of water to meet the anticipated demands of the project and the Districes existing
committed capacity.
F. The existing off-site sewage transmission facilities of the District must be evaluated for the
hydraulic capacity to serve this project and improved as required outside the project's boundary
to provide adequate capacity to transport the additional wastewater generated without adverse
impact to the existing transmission facilities.
5.10 ENVIRONMENTAL
The development of this PUD Master Plan shall be subject to and governed by the following conditions:
A. Environmental permiRing shall be in accordance with the State of Florida Environmental
Resource Permit Rules and be subject to review and approval by Current Planning
Environmental Review Staff. Removal of exotic vegetation shall not be the sole means of
mitigation for impacts to Collier County jurisdictional weftands.
B. All conservation areas shall be designated as conservation/preservation tracts or easements on all
construction plans and shall be recorded on the plat with protective covenants per or similar to
Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with
3.2.8.4.7.3 of the Collier County Land Development Code.
C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida
Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers
shall be incorporated in Conservation Areas which shall be platted.
D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with
emphasis on the conservation/preservations areas, shall be submitted to Current Planning
Environmental Review Staff for review and approval prior to final site plan/construction plan
approval.
E. The Developer shall comply with the guidelines and recommendations of the Florida Game and
Fresh Water Fish Commission (FGFWFC) regarding impacts to protected wildlife species.
F. In the event the project does not require platting, all conservation areas shall be recorded as
conservation/preservation tracts or easements dedicated to an approved entity or to Collier
County with no responsibility for maintenance and subject to the uses and limitations similar to
or as per Florida Statutes Section 704.06.
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O. A gopher tortoise survey and relocation / management plan shall be submitted to Current
· Planning Environmental Staff for review and approval prior to final site plan/construction plan
appwval. A copy of the relocation/management plan shall be included on the final site
plans/construction plans.
S.II ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the construction of the
principal structure except that temporary sales buildings, trailers, marketing facilities, contractors'
storage and office facilities and the like, may be erected and utilized during the period of project
development and marketing. Such temporary buildings shall be removed upon completion of the
marketing or construction activity which they are accessory to.
S.12 SIGNS
All signs shall comply with Division 2.5 of the Land Development Code in effect at the time of
building permit application.
S.13 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Land
Development Code in effect at the time of building permit application.
5.14 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water management facilities or to
otherwise develop water bodies is hereby permitted. If it is demonstrated that fill activities on those
buildable portions of the project site are such that there is a surplus of earthen material, then its off-site
disposal is also hereby permitted subject to the following conditions:
I. Excavation activities shall comply with the definition of a "development excavation" pursuant to
Division 3.5 of the Land Development Code whereby off-site removal shall be limited to ten
percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial
excavation permit is received.
2. All other provisions of said Division 3.5 are applicable.
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. 98-24
Which was adopted by the Board of County Commissioners on the
24th day of March, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 27th day of March, 1998.
DWIGHT E BROCK
·
Clerk of Courts and.~kerk ""
Ex-officio to Boara ~f
County Commissioners ,
By: Ellie Hoffman ~o '. ·
Deputy Clerk