Ordinance 96-55 ,,.".: ~ORDINANCE 96- ~5'~ <"'
~-~'-"' '!'j?DEVELOPMENT CODE, WHICH INCLUDES THE .....
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING
ATLAS MAP NUMBERED 8628 BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
"HERITAGE GREENS", FOR PROPERTY LOCATED
ON .THE SOUTH SIDE OF IMMOKALEE ROAD (C.R.
846), APPROXIMATELY ONE MILE WEST OF C.R.
951, IN SECTION 28, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 251.49 ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 93-88, AS
AMENDED, THE FORMER DOVE POINTE PUD; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Bruce J. Siciliano, AICP of Agnoli, Barber & Brundage,
Inc., and Donald A. Pickworth, P.A., representing Ronto Developments
Naples, Inc., 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 28, 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 Numbered 8628, as described in
Ordinance Number 91-102, the Collier County Land Development Code, are
hereby amended accordingly.
SECTION TWo:
Ordinance Number 93-88. as amended. known as the "Dove Pointe"
PUD, adopted on November 23, 1993, by the Board of County Commissioners
of Collier County, is hereby repealed in its entirety.
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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 .~4/day of ~, 1996.
ATTEST: ............ BOARD OF COUNTY COMMISSIONERS
DWIGHT..E. BROCK CLERK COLLIER COUNTY, FLORIDA
%" '. \ ~.- '/ ~ C. NORRIS, CHAIRMAN
: .; .. ' 'i '..', .'.
LEGAL SUFFICiE.N~Y.
.. ......' Th~s ordlnar~ce fired wWth the
' Secretary of Stote's Office the
MARJ(~FtIE M. STUDENT end acknowledgemerit of that
ASSISTANT COUNTY ATTORNEY filing received this ~""~' ckry
of ~-,~x'~' . .~
PUD-86-9 (3) ORDINANCE/17656
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HERITAGE GREENS
(Formerly known as Dove Pointe)
A
PLANNED UNIT DEVELOPMENT
PREPARED FOR:
ARCHIE MEINERZ
AMENDMENT PREPARED FOR:
RONTO DEVELOPMENTS NAPLES, INC.
JUNE, 1996
(REVISED SEPTEMBER 24, 1996)
PREPARED BY:
AGNOLI. BARBER & BRUNDAGE. INC.
PROFESSIONAL ENGINEERS, PLANNERS & LAND SURVEYORS
7400 TAMIAMI TRAIL NORTH, SUITE 200
NAPLES, FLORIDA 33963
(813) 597-3111
DATE REVIEWED BY CCPC 9/14/93
DATE APPROVED BY BCC 11-23-9;~
PREVIOUS ORDINANCE NUMBER 93-88
DATE AMENDMENT FILED 6/I 0/96
DATE AMENDMENT REVISED 9/24/96
DATE AMENDMENT REVIEWED BY CCPC 9/5/96
DATE AMENDMENT APPROVED BY BCC 9/24/96
AMENDMENT AND REPEAL ORDINANCE NUMBER 9 6-5 5
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLE
STATEMENT OF COMPLIANCE iv
SECTION l PROPERTY OWNERSHIP &DESCRIPTION i-I
SECTION 'll PROJECT DEVELOPMENT 2- i
SECTION Ill RESIDENTIAL AREAS PLAN 3-I
SECTION IV COMMONS AREA/GOLF COURSE 4-1
SECTION V CONSERVATION/PRESERVATION AREAS 5-I
SECTION VI DEVELOPMENT COMMITMENTS 6-1
SECTION VII SUNSET PROVISION AND MONITORING REPORT 7-!
05-052m6.doc
LIST OF EXHIBITS
EXHIBIT "A" PUD Master Plan
EXHIBIT "B" Location Map
ill
05-052m6.doc
'l
STATEMENT OF COMPLIANCE
The development of approximately 252 acres of property in Collier County, as a Planned Unit
Development to be known as Heritage Greens will be in compliance with the planning goals and
objectives of Collier County as set forth in the Growth Management Plan. The residential and
recreational facilities of Heritage Greens will bc consistent with the growth policies, land
development regulations, and applicable comprehensive planning objectives of each of the elements
of the Growth Management Plan for the following reasons:
Residential Pr~ect
1. The. subject property is within the Urban Residential Land Use Designation as identified on
the Future Land Use Map as required in Objective I, Policy 5.1 and Policy 5.3 of the Future
Land Use Element.
2. The subject property's location in relation to existing or proposed community facilities and
services permits the devclopmcnt's residential density as required in Objective 2 of the
Future Land Use Element. ,~
3. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
4. The project development will result in an efficient and economical extension of community
facilities and services as required in Policies 3. 1 .H and L of the Future Land Use Element.
5. The projected density of 2.10 d.u. per acre is in compliance with the Future Land Use
Element of the Growth Management Plan.
6. All final local development orders for this project are subject to the Collier County Adequate
Public Facilities Ordinance, and as it may be amended.
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the cxisting conditions of the property proposed to bc developed under the project
name of Heritage Greens .
i.2 LEGAL DESCRIPTION
The subject property being approximately 252 acres, is described as:
A PARCEL OF LAND LYING IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE
SOUTI-! 03 °05'15" EAST ALONG THE EASTERLY LINE OF THE NORTHEAST
QUARTER (NE I/4) OF SAID SECTION 28 FOR A DISTANCE OF 100.08 FEET TO AN
INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE
ROAD (C.R. 846); THENCE SOUTH 89°i0'00" WEST ALONG SAID SOUTHERLY
RIGHT-OF-WAY LINE FOR A DISTANCE OF 1981.39 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND;
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 03°05'27"
EAST ALONG LANDS AS DESCRIBED IN OI:FICIAL RECORD BOOK 1669, PAGE
538, PUBLIC RECORDS OF COLLIER COUN'FY, FLORIUA FOR A DISTANCE OF
i 576.33 FEET; THENCE NORTH 80°09'36" EAST CONTINUING ALONG SAID
LANDS FOR A DISTANCE OF 1981.29 FEET TO AN INTERSECTION WITH THE
SAID EASTERLY LINE OF THE NORTHEAST QUARTER (NE I/4) OF SECTION 28;
THENCE SOUTH 03°05'I 5" EAST ALONG SAID EASTERLY LINE AND ALONG
LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1345, PAGE 521 OF SAID
PUBLIC RECORDS FOR A DISTANCE OF 998.50 FEET TO THE SOUTHEAST
CORNER OF THE SAID NORTHEAST QUARTER (hIE !/4) OF SECTION 28;
THENCE SOUTH 03 °05'44" EAST ALONG THE EASTERLY LINE OF THE
SOUTHEAST QUARTER (SE I/4) OF SAID SECTION 28 AND ALONG LANDS AS
DESCRIBED IN OFFICIAL RECORD BOOK ! 151, PAGE 1634, OFFICIAL RECORD
BOOK 1335, PAGE 217, OFFICIAL RECORD BOOK 1696, PAGE 293 AND OFFICIAL
RECORD BOOK 897, PAGE 166, ALL OF SAID PUBLIC RECORDS FOR A DISTANCE
OF 2674.78 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 28;
THENCE SOUTH 89°i1'04" WEST ALONG THE SOUTHERLY LINE OF THE SAID
SOUTHEAST QUARTER (SE I/4) OF SECTION 28 AND ALONG LANDS AS
DESCRIBED IN OFFICIAL RECORD BOOK 605, PAGE 323 OF SAID PUBLIC
RECORDS FOR A DISTANCE OF 2641.98 FEET TO THE SOUTHWEST CORNER OF
THE SAID SOUTHEAST QUARTER (SE I/4) OF SECTION 28;
THENCE NORTH 03 °05'09" WEST ALONG THE WESTERLY LINE OF THE EAST
i-1 '1
HALF (E %) OF SAID SECTION 28 AND ALONG LANDS AS DESCRIBED IN
OFFICIAL RECORD BOOK 1630, PAGE 1548, OFFICIAL RECORD BOOK It71, PAGE
1065, OFFICIAL RECORD BOOK 1232, PAGE 1690, OFFICIAL RECORD BOOK 1238,
PAGE 1002 AND OFFICIAL RECORD BOOK 1424, PAGE 694, ALL OF SAID PUBLIC
RECORDS FOR A DISTANCE OF 3342.84 FEET TO THE SOUTHEAST CORNER OF
THE EAST HALF (E %) OF THE NORTHEAST QUARTER (NE '~) OF THE
SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER ('NW I/4) OF
SAID SECTION 28;
THENCE SOUTH 89°10'03" WEST ALONG THE SOUTHERLY LINE OF SAID
FRACTION AND ALONG SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK
1424, PAGE 694 FOR A DISTANCE OF 330.29 FEET TO AN INTERSECTION WITH
THE WESTERLY LINE OF SAID FRACTION;
THENCE NORTH 03°04'58" WEST ALONG SAID WESTERLY L1NE AND ALONG
LANDS AS DESCRIBED IN OFFICIAL BOOK 1502, PAGE 1928 OF SAID PUBLIC
RECORDS FOR A DISTANCE OF 668.55 FEET TO AN INTERSECTION WITH THE
NORTHERLY LINE OF SAID FRACTION;
THENCE NORTH 89°09'42'' EAST ALONG SAID NORTHERLY LINE AND ALONG
LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1297, PAGE 793 OF SAID
PUBLIC RECORDS FOR A DISTANCE OF 330.25 FEET TO AN INTERSECTION WITH
THE SAID WESTERLY LINE OF THE EAST HALF (E %) OF SECTION 28;
THENCE NORTH 03 °05'09" WEST ALONG SAID WESTERLY LINE AND ALONG
SAID LANDS AS DESCRIBED IN OFFICIAL BOOK 1297, PAGE 793 AND ALONG
LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1303, PAGE 1979 OF SAID
PUBLIC RECORDS FOR A DISTANCE OF ! 237. i 0 FEET TO AN INTERSECTION
WITH THE AFORESAID SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE
ROAD (C.R. 846);
THENCE NORTH 89°10'00" EAST ALONG SAID SOUTHERLY LINE FOR A
DISTANCE OF 660.04 FEET TO THE POINT OF BEGINNING;
CONTAINING 251.490 ACRES OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
1.3 pRQPERTY OWNERSHIP
Fee simple title to the subject property is currently vested in Dove Pointe Development
Corporation, except for a small parcel (legal description enclosed) previously conveyed to
U.S. Home Corporation. Ronto Developments Naples is a contract yendee of the interest of
Dove Pointe Development Corporation, and upon closing of the contract will be fee simple
owner.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located in Section 28, Township 48 South, Range 26 East. The
parcel of approximately 252 acres is located on immokalee Road approximately 2
miles west to the road's intersection with Interstate 75. The site is currently used as
farmland.
B. The zoning classification of the subject property prior to the date of this approvcd
PUD Document was PUD; Dove Pointc Planned Unit Development Ordinance.
Collier County Ordinance 93-88
1.5 PHYSICAL DESCRIPTION
The site is located south of lmmokalee Road, about 2 miles east of lnterstaxe H~,~' 75 in
Collier County, Florida. The existing site is cultivated. Drainage canals ar~ Ioc. aed along
the site's perimeter. The site is relatively level. There are ~'o areas of natural vegetation
with a combined area of approximately 9 acres.
i.6 PROJECT DESCRIPTION
Residential golf course community having a maximum of 530 units oft 252 acres.
This Ordinance shall be known and cited as the "Heritage Greens Planned Unit
Development Ordinance."
i-3 't
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
The purpose of this Section is to delineate and generally describe the project plan of
development, general relationships to applicable County ordinances, the respective land uses
of the tracts included in the project, as well as other project relationships.
2.2 G~ERAL
A.' Regulations for the development of Heritage Greens shall be in accordance with the
contents of this document, PUD-Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development Code in effect
at the time of building pennil application. Where these regulations fail to provide
developmental standards then ',he provisions of the most similar district in the Collier
County Land Development Code shall apply.
B. Unless otherwise noted. the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the time
of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of Heritage Greens shall become part of the regulations which
govern the manner in which the PUD site may be developed.
D. Unless specifically waived or excepted by this PUD the provisions of the Collier
county Land Development Code where applicable shall remain in full force and
effect with respect to the development of the land which comprises this PUD.
E. Development permitted by the approval ofthis petition will be subject to a
concurrency review under the provisions of the Adequate Public Facilities Ordinance
No. 90-24 at the earliest or next to occur of either final SDP approval, final plat
approval, or building permit issuance applicable to this development.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including layout ofstreets and use of land for the various
tracts, is iljustrated graphically by Exhibit "A", PUD Master Development Plan.
There shall be one general residential area, plus the necessary water management
lakes integrated into a golf course amenity, the general configuration of which is also
iljustrated by Exhibit "A".
TYPE UNITS ACREAGE
RESIDENTIAL
TRACT "l" 530 93*
PRESERVATION
TRACTS "4" & "5" 9
GOLF COURSE/LAKES 150**
-SUBTOTAL TRACT "2" (128)
-SUBTOTAL TRACT "3" (22)
GRAND TOTAL 252
* Internal subdivision roads/right-of-way estimated at 20 acres.
** Does not include any open space or recreational areas that may be located
within other land use areas.
Approximate golf course acreage is 108 and approximate lake acreage is 42.
Table I is a schedule of the intended land uses, with approximate acreage of the total
project indicated. The arrangement of these !and areas are shown on the P.U.D.
Master Development Plan (Exhibit "A"). The Master Development Plan is an
iljustrative preliminary development plan. Design criteria and layout is iljustrated on
the Master Development Plan and other exhibits supporting this Project shall be
understood to b~ flexible so the final design may satisfy development objectives and
be consistent with the Project Development, as set forth in this document. Minor
changes and variations in design and acreage shall be permitted at Preliminary
Subdivision Plat (PSP) or Site Development Plan (SDP) approval to accommodate
topography, vegetation, and other site conditions.
The final size of the recreation and open space lands will depend on the actual
requirements for water management, roadway patterns, and development parcel size
and configuration. Essential services are considered ;.~ an acceptable permitted use
on all land use categories within the project.
B. Areas iljustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon
2-2 'J
approval, pans thereof may be constructed as shallow, intermittent wet and dry
depresdions for water retention purposes. Such areas, lakes and intermittent wet and
dry areas shall be in the same general configuration and contain the same general
acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other
boundary may be permitted at the time of Preliminary Subdivision Plat (PSP) or Site
Development Plan (SDP) approval, subject to the provisions of Sections 3.2.6 and
2.7.3.5 respectively, of the Collier County Land Development Code or as otherwise
permitted by this PUD document.
C. The internal roadway system may be either private or may be dedicated to the
County consistent with Preliminary Subdivision Plat requirements.
D. ' In addition to the various areas and specific items shown in Exhibit "A", such
easements as necessary (utility, private, semi-public, etc.) shall be established within
or along the various Tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of 530 residential dwelling units, single and multi-family, shall be constructed
in the total project area.
The gross project area is 252 acres. The gross project density, therefore, will be a maximum
of 2.10 units per acre. The density throughout the parcel may vary according to the type of
housing placed on each parcel of land.
2.5 RELATED PROJECT PLAN APPROVAL REOUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or pan of
the PUD, final plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with the PUD
Master Plan, the County Subdivision Code and the platting laws of the State of
Florida.
B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if
applicable shall be submitted for the entire area covered by the PUD Master Plan.
Any division of property and the development ofthe land shall be in compliance with
the Subdivision Regulations, and the platting laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code when
applicable shall apply to the development of all platted tracts, or parcels of land as
provided in said Division prior to the issuance of a building permit or other
development order.
2-3 '~
D. The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be required
to submit and receive approval of a Preliminary Subdivision Plat in conformance
with the requirements of Division 3.2 or the Collier County Land Development Code
prior to the submittal of construction plans and plat for any portion of the tract or
parcel.
E. Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedications and method for providing perpetual maintenance of
common facilities.
F. The golfcourse shall be platted in accordance with the Preliminary Subdivision Plat
requirements. Once the golf course and related tracts are platted, a Site Development
Plan, when required for those related tracts, shall be submitted in accordance with
Division 3,3 of the Collier County Land Development Code.
2.6 MODEL HOMES AND SALES FACILITIES
Model homes/model home centers including sales centers shall be permitted in accordance
with the requirements of Section 2.6.33.4 Model Homes and Model Sales Centers of the
Collier County Land Development Code.
2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land Development
Code, Section 2.7.3.5.
2.8 A~QCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and/or recreation amen ities whose
ownership and maintenance responsibility is a common interest to all of the subsequent
purchasers of property within said development in which the common interest is located, the
developer entity shall provide appropriate legal instruments for the establishment of a
Property Owners Association or other appropriate entity whose function shall include
provisions for the perpetual care and maintenance of all common facilities and open space
subject further to the provisions of the Collier County Land Development Code Section
2.2.20.3.8.
2-4 ~'1
SECTION III
LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN
The purpose of this Section is to identify specific development standards for areas designated on
Exhibit "A", Tract "!" as Residential Areas.
3.2 MAXIMUM DWELLING UNITS
For the purposes ofthis section low to medium density residential is defined as a residential
development consisting of less than 10 dwelling units per acre on areas allocated for this
purpose. There shall be a maximum of 530 residential units developed within Tract "l ".
3.3 USES PERMITTED
Residential areas designated on the master plan are to accommodate a full range of residcntial
dwelling units, recreational facilities, essential services, customary accessory uses, and
compatible land uses. Multi-family shall not be mixed with single family. Principal uses shall
not be developed between dissimilar permitted uses types, specifically, no multi-family type
shall be located between single family detached family structures. [t is intended, however,
that multi-family dwellings shall not be constructed in a singular or isolated manner in between
single family homes. Multi-family dwellings shall be situated in separate cjusters of multi-
family units. At the contiguous lot line between single family detached and multiple family
housing units a landscape buffer (on the multiple family tract) of at least) fifteen (i 5) feet shall
be provided.
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or in part, for other than the following:
A. Principal Uses:
(I) Single family detached dwelling units
(2) Duplex, townhouses, villas, garden apartments, zero lot line single family
dwellings, multi-family and any form of attachment consistent with the general
massing restrictions set forth herein this document.
(3) Any combination of the above uses within a unified ownership plan.
(4) Water management facilities and lakes.
(5) Agriculture uses including related accessory uses and structures are considered
acceptable permitted uses until residential building permits are issued in
compliance with this document.
(6) Designated golf course crossings.
B. Accessory Uses:
(i) 'Customary accessory uses and structures, including private garages, and private
swimming pools, and screen enclosures.
(2) Recreational uses and facilities such as swimming pools, tennis courts. childrcn's
playground areas, etc. Such uses shall bc visually and functionally compatible
with the adjacent residences which have the use of such facilities.
(3) Guardhouse/Gatehouse.
3.4 DEVELOPMENT STANDARDS
A. GENERAL: All yards, set-backs, etc. shall bc in relation to the individual parcel or
lot boundaries.
B. MINIMUM LOT AREA: 7,000 square feet.
3,200 square fcct for golfcourse or ~ake front lots developed as single family .attached,
townhouse and rowhouse residential dwelling unit types.
C. MrNIMUM LOT WIDTH:
( ! ) Comer Lots - ?0 feet
(2) Interior Lots - 55 feet
(3) Cul-dc-sac Lots - 40 feet (chord)
For single family attached, townhouse and rowhouse residential dwelling unit types:
( 1 ) Comer Lots - 40 feet
(2) Interior Lots - 25 feet
(3) Cui-dc-sac Lots - 20 feet (chord)
D. MINIMUM YARDS:
( 1 ) Front Yard - 20 feet
(2) Side Yard - 5 feet single family
5 feet duplex
10feet coach homes (or 20' between
structures)
(3) Rear Yard - 20 fcct
(4) Golr Course, Lakes
or Preserve Arcas - 20 feet
(5) From a dissimilar
permitted use type - 15 rcct between single family and
multi-family
3 -2
(6) Side Yard may be reduced to 0 feet, for zero lot line single family units, if the 5
'fect is added to the remaining side yard.
(7) Except as specified above, the distance between any two structures on the same
parccl shall be fifteen (15) feet or a distance equal to one-half the sum of their
heights, whichever is grcatcr.
(8) Side Yard may be reduced to 0 feet for single family attached, townhouse and
rowhouse residential dwelling unit types.
E. MINIMUM FLOOR AREA:
( I ) 750 square feet per unit.
F. OFF-STREET PARKING AND LOADING REOUIREMENTS:
(I) Single family attached, townhouse and rowhouse dwelling unit types which
provide direct street access to each individual unit shall be subject to the same
provisions as single-family and two-family residential dwellings including the
ability to back onto a street.
(2) The requirements for all other development types shall be as required by Collier
County Land Development Code.
G. MAXIMUM HEIGHT:
(I) Principal and Accessory Structures - 35 feet above the minimum base flood
elevation or 18" above the crown of road, whichever is highest.
H. COMMON ARCHITECTURAL THEME REOUIREMENTS:
(I) The architectural style ofthe dwelling units/structures shall be compatible in
design and complementary in the use of materials and color.
(2) The residential project shall have a signature entranceway. The entranceway
design and improvement elements shall include some or all of the following: the
use of landscape materials, gated structure, water features, sculpture and
ornamental pavement surfaces.
(3) Street materials, signage, lighting shall be complementary throughout the
project's accessways.
(4) Street trees shall be required at the time of individual dwelling unit building
permit or FSDP approval, as appropriate.
3-3 '1
SECTION IV
· COMMONS AREA/GOLF COURSE AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to set forth the development plan and development standards for
the area(s) designed as Commons Area/Golf Course on the PUD Master Development Plan,
Exhibit "A", Tracts "2" and "3". The primary function and purpose of these Tracts will be to
provide aesthetically pleasing open areas, golf course and recreational facilities, except in areas
to bc used for water impoundmcnt and principal or accessory use areas.
4.2 US]ES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or in part, for other than the following:
A. Principal Uses:
(1) Golf Courses.
(2) Open Spaces/Nature Preserve (Conservation Area).
(3) Pedestrian and bicycle paths or other similar facilities constructed for purposes
of access to or passage through common areas.
(4) Small docks, piers or other such facilities constructed for purposes of lake
recreation for residents of the project.
(5) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities
intended for outdoor recreation.
(6) Lakes.
(7) Agriculture uses including related accessory uses and structures are considered
acceptable permitted uses until residential building permits arc issued in
compliance with this document.
B. Accessory Uses:
Accessory, incidental and subordinate commercial activities such as but not limited to
those provided hcrcin shall clearly bc of such scope, size and proposed intensity that
they are sustainable only by the membership of the golf course and clubhouse.
(1) Clubhouse, practice driving range and other customary accessory uses orgolr
courses including pro-shop, golf equipment, snack bar and similar uses intended
to exclusively serve patrons of lhc golf course or other permitted recreational
facilities.
4-1
(2) Small docks, cnclosurcs or other structures constructed for purposes or
maintenance, storage, recreation or shelter with appropriatc scrccning and
iandscaplng.
(3) Shufrlcboard courts, tennis courts, swimming pools and other types of similar
recreational facilities.
(4) Signage as pcrmittcd by the Collier County Land Dcvclopmcnt Code, Division
(5) A maximum of two (2) residential units in conjunction with the opcration orthe
golf course as determined to bc compatible by Collier County Project Review
Services, provided that the maximum numbcr of dwelling units for the entire
project does not cxcccd 530 residential units.
(6) Accessory uses and structures customarily associated with principal uses.
4.3 DEVELOPMENT REGULATIONS
A. Overall sltc design shall bc harmonious in terms of landscaping, enclosure of'structures,
location of access streets and parking areas and location and treatment of buffer areas.
B. Buildings shall bc setback a minimum of fifty (50) fcct abutting residential districts and
a landscaped and maintained buffer shall bc provided.
C. Lighting facilities shall bc arranged in a manner which will protect roadways and
neighboring propcrtics from direct glare or other intcrfcrcncc.
D. A site dcvclopmcnt plan meeting all of the Development Regulations shall bc rcquircd
in accordance with Section 2.5 of this PUD document.
E. Maximum Hei_2ht of Structures
( i ) Principal and Accessory Structures - 4S feet.
F. Minimum Oft-Street Parkin_~ and Loading,
As required by Division 2.3 ofthc Collier County Land Development Code in crrcct at
time of building permit application.
4-2 '1
SECTION V
CONSERVATION/PRESERVE AREA
Cohservation/preserve Area - The purpose is to preserve and protect vegetation and naturally
functioning habitat such as wetlands in their natural state.
5.2 USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in whole
or in part, for other than the following, subject to regional, state, and federal permits when
required;
A. Principal Uses:
( 1 ) Open Spaces/Nature Preserves.
(2) Lakes
(3) Small docks, piers or other such facilities constructed for purposes of lake
recreation for residents of the project, subject to appropriate approvals by
permitting agencies.
(4) Board walks subject to appropriate approvals by permitting agencies.
(5) Paths and bridges to provide access from the uplands.
B. Accessory Uses:
(i) Accessory uses and structures customarily associated with the principal uses.
(2) Section V related Conservation Preserve Area signage as permitted in the
Collier County Land Development Code.
C. Environmental Review:
Any and all building, site alteration or other activity within the preserve area is subject
to review by the Development Review Services Division of Collier County.
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SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the development of
the project.
6.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site Development Plans, Final
Sul~division Plans and all applicable State and local laws, codes, and regulations applicable to
this PUD. Except where specifically noted or stated otherwise, the standards and specifications
of the Collier County Land Development Code of Division 3.2 shall apply to this project even if
the land within the PUD is not to be platted. The developer, his successor and assigns shall be
responsible for the commitments outlined in this document.
The developer, his successor or assignee shall agree to follow the Master Plan and the
regulations of the PUD as adopted and any other conditions or modifications as may be agreed
to in the rezoning of the propcrty. In addition the developer will agree to convey to any
successor or assignee in title any commitments within this agreement.
6.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in
nature. Proposed tract, lot or land use boundaries or spccial land use boundaries shall
not be construed to be final and may be varied at any subsequent approval phase such as
final platting or site development plan application; subject to the provisions of Section
2.7.3.5 of the Collier County Land Development Code and as it may be amended 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.
6.4 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS AND DEVELQPM~NT
EXEMPTIONS FROM STANDARD SUBDIVISION PRACTICF./REGULATIONS
A. LDC Subsection 3.2.8.3.17: Sidewalks shall be provided on one side ofall streets and
on cul-dc-sacs longer than 300 feet. Sidewalks may vary outside the right-of-way
provided a sidewalk easement is created over the sidewalk.
B. LDC Subsection 3.2.8.3.19: The standard that street name markers shall be approved by
the County Engineer and conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived.
Street pavement painting, striping and reflective cdging of main road system will be
waived. Traffic circulation signage shall be in conformancc with
U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards.
C. LDC Subsection 3.2.g.4.10: The standard that PRM's be installed in a typical water
valve cover shall be waived subject to monumcntation being installed in accordance
with Chapter 177, Florida Statutes.
D.' LDC Subsection 3.2.8.4.16.6: The !,000 It. maximum dead-end street length standard
shall be waived.
E. LDC Subsection 3.2.8.4.16.8: The minimum back of curb radii for internal roads shall
be 30 It. with the exception of both entrance road intersections shall be 40 It.
F. LDC Subsection 3.2.8.4.16.9: The minimum 100 It. tangent standard at intersections
may be reduced subject to a certified traffic study based upon design speed, site distance
and adequate recovery zone. This requirement shall not be waived at both project
access points.
G. LDC Subsection 32.8.4.16.10: The minimum 100 It. tangent standard between reverse
curves may be reduced subject to a certified tramc study based on design speed and
adequate recovery zone.
H. LDC Subsection 3.2.8.4.2 !: The standard for blank utility casings shall be waived.
6.5 TRANSPORTATION
A. The project's entrance improvements, including turn lanes and acceleration and
dccclcration lanes, have bccn constructed and approvcd for acceptance by Collier
County. Such improvements satisfy requirements relating to "site t:clatcd" transportation
improvements for the Heritage Greens project.
B. The Developer, his heirs, successors or assigns shall provide arterial level street lighting
and a fair share contribution toward the capital cost of a traffic signal at the project
entrance on lmmokalcc Road when dccmcd warranted by the Collier County
Transportation Department. The signal will be owned, operated and maintained by
Collier County. These improvements arc considered "site related" and shall not be
applied as credits toward required impact fees.
C. The developer shall provide fifty (50) feet of fight-of-way along the south side of
Immokalee Road. Right-of-way donations may be credited toward road impact fees in
accordance with the procedural requirements of Ordinance 92-22, which require that a
two party agreement between the developer and Collier County be executed. Such
credits shall be valued at the fair market value ofthe land at the time prior to the
approval of this PUD Amendment PUD-86-9 (3) [submitted June, 1996]. Dedication of
the land to Collier County shall be in conjunction with final subdivision plat approval or
within 180 days of any request to the developer from the County.
6-2 '1
D. When lmmokalee Road is four-laned, access to this project shall be in accordance with
the then current County Access Management Policy. Nothing in this paragraph shah
operate to vest any right oracccss or right of median opening in this project.
Additionally, under the multi-lane condition, the County reserves the right of median
control to include right-in/right-out controls based on safety considerations.
6.6 WATER MANAGEMENT
A. Detailed site drainage plans, including golf course grading plans shall be submitted to
the Community Development Services Department for review. No construction
pcrrnits shall be issued unless and until approval oftbe proposed construction in
accordance with the submitted plans is granted by Community Development Services
. Department
B. An Excavation Permit will be required for the proposed lakes in accordance with the
Collier County Land Dcvcloprncnt Code Division 3.5 and will be constructed in
accordance with South Florida Water Management District regulations.
C. Prior to final construction plan approval, developer shall provide a copy of the South
Florida Water Management District permit or early work permit.
D. Lakes shall meet the setback requirements ofthc Collier County Land Development
Code, Division 3.5 as amended. A 20 ~. maintenance casement shall bc provided
around the perimeter of all lakes and a 20 ~. access casement from an appropriate
private or public road.
E. Provisions shall be made along the Easterly Perimeter of the project as needed to
incorporate the off-site drainage ditch top widths/maintenance travel way
recommendations of the Harvey Basin Master Plan which is currently in preparation
for submittal to and approval by the Board of County Commissioners. The interior
water management system shall be designed to incorporate the Harvey Basin Master
Drainage Plan concepts, where feasible.
6.7 ~
A. Water & Sewer
I. 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.
2. Connection to the existing water and sewer facilities within Immokalce Road
right-of-way is required and must bc completely iljustrated on the final
construction plans as to location, configuration and size.
3. The water main within Morning Sun Lane shall be extended to the future Logan
Boulevard right-of-way line along Morning Sun Avenue and properly
6-3 ~1
terminated for future connection.
4. 'Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance
No. 88-76, as amended, and applicable County rules and regulations.
6.8 ~blVIRONMENTAL CONSIDERATIONS
A. A site clearing plan shall be submitted to Community Development Services
Department for their review and approval prior to any substantial work on the site.
This plan may be submitted in phases to coincide with the development schedule. The
site clearing plan shall clearly depict how the final site layout incorporates retained
native vegetation to the maximum extent possible and how roads, buildings, lakes,
parking lots, and other facilities have been oriented to accommodate this goal.
B. Utilization ofnative species i~ encouraged in the site landscaping design. A landscaping
plan will b¢ submitted to Community Development Services Department for their
review and approval, prior to the issuance of building permits. This plan will depict the
incorporation of native species and their mix with other species, if any.
C. All exotic plants, as defined in the County Code, shall be removed during each phase of
construction from development areas, open space areas, and preserve areas. Following
site development a maintenance program shall be implemented to prevent reinvasion of
the site by such exotic species. This plan, which will describe control techniques and
inspection intervals, shall be filed with and approved by Community Development
Services Department
D. If, during the course of site clearing, excavation, or other constructional activities and
archaeological or historical site, artifact, or other indicator is discovered, all
development at that location shall be immediately stopped and Community
Development Services Department notified. Development will be suspended for a
sumcient length of time to enable Community Development Services Department to
assess the find and determine the proper course of action in regard to its salvageability.
Community Development Services Department will respond to any such notification in
a timely and efficient manner so as to provide only a minimal interruption to any
constructionai activities.
E. The applicant shall supply all wildlife surveys and information reqL~ired by the Florida
Game and Fresh Water Fish Commission (FGFWFC) prior to submission of the final
construction plan/plat.
F. The cypress dome wetland and the hydric pine flatwoods totaling nine (9) acres, shall be
surveyed prior to final construction plan/plat approval and shall be designated and
prcscrvcd as conservation casements or tracts on the plat document with protective
6-4 "1
covenants pursuant to Section 704.06, Florida Statutes.
6.9 ACCESSORY ~TRUCTURES
Accessory structures shall be constructed simultaneously with or following the construction of
the principal structure except for a construction site office and model units.
6.10 PARKING. LIGHTING. LANDSCAPING AND SIGNAGE
A. Landscaped buffers along Logan Boulevard extension and lmmokalee Road, when not
, adjacent to the golf course, and along the entry road(eastern project boundary) will be
consistent with golf course design and the following development standards:
(1) one shade tree per 25 linear feet of buffer with a maximum spacing of 30 feet.
(2) a continuous hedge or vegetative visual buffer, three feet at planting and
developing a height of 6 feet within two years.
B. Except as noted above and within this document, standards for parking, lighting,
landscaping, and signage shall bc in conformancc with the Collier County Land
Development Code.
6.11 POLLfNG PLACES
Pursuant to Section 2.6.30 of the Collier County Land Development Code as amended,
provision shall be made for the future use of building space within common areas for the
purposes of accommodating the function of an electoral polling place.
An agreement 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 commons areas including, but not limited to, condominium associations, homeowner
associations, or tenants associations. This agreement shall provide for said community
recreation/public building/public room or similar common facility to be used for a polling place
if determined to be necessary by the Supervisor of Elections.
6.12 SPECIAL CONDITIONS
A. Provision for off-site removal ofearthen material:
The excavation of earthen material and its stock piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted. If after
consideration of 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.
6-s '1
!. Excavation activities shall comply with the definition of a "development
excavation" pursuant to the Collier County Land Development Code. Off-site
~'emoval of fill material shall be limited to 10% of total calculated excavated
volume to a maximum of 20,000 cubic yards. All appropriate road impact fees
must be paid prior to issuance of said excavation permit if material is proposed
for removal.
2. All other provisions of the Collier County Land Development Code are
applicable.
6-6
SECTION VII
~UNSET PROVISION AND MONITORING REPORT
7. I LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL
TITe Heritage Greens PUD shall be subject to the requirement of Section 2.7.3.4 Time Limits for
approved PUD Master Plan.
7.2 MONITORING REPORT
An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier
Coanty Land Development Code.
7-1
POTEN L PRO~E~T~ i~,/ NNEC!~. INTERCO
T 4
)--~ ~ ~,~ ) ~ ~ I
'" A AREA
l
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial C~rcuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 96-55
Which was adopted by the Board of County Commissioners on the 24th day
of September, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 27th day of September,
1996.
DWIGHT E. BROCK ...'
Clerk of Courts and .dlerk". . .~..
Ex-officio to Board o'f :~.,
County Commissioners . ~;
't