Ordinance 91-064 ORDINANCE 91- 64
AN ORDINANCE AMENDING ORDINANCE NUMBER
82-2 THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UMINCORPORATED 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 DOVE POINTE PUD FOR PROPERTY LOCATED
SOUTH OF IM/4OKALEE ROAD (C.R. 846), ONE
MILE WEST OF C.R. 951, IN SECTION 28,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 252 ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
W~EREAS, Reed Jarvi of Agnoli, Barber and Brundage,
Inc., representing Josephine Marano, 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;
~ The Zoning Classification of the herein described real
pr6p.erty 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 ma~e part hereof. The Official Zoning Atlas
Map Numbered 8628, as described in Ordinance Number 82-2, is
hereby amended accordingly.
Ordinance Number 86-62, known as the Dove Pointe PUD,
adopted on September 16, 1986 by the Board of County
Commissioners.of Collier County is hereby repealed in its
entirety.
SECTION THREE:
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissiohers of Collier County, Florida, this 23 day of
A'I~E T~'' /.2~ BOARD OF COUNTY COHMTSSTONERS
J.AMES C. GIf. E,S, Clerk COLLIER cOUNTY, :FLORIDA
Mar]q~te M. 'Student
~sim%ant County Attorney ·
: : ; ~ls ordinate flied with th~
~r~ta~ of ~tate% Office t~a.
nb/5358 a~ oc~l~e~t~f ~
pore
A
PLANNED UNIT DEVELOPMENT :'.~'
::',.<. ' PREPARED FOR:
· ]%RCHIE MEINERZ
,.::,< . - PREPARED BY:
~.": ;(~NOLI, BARBER $ BRUNDA~£, INC. · '
:3..' '/400 TJ~I32~I TI~IL NORTH
,:,~' NAPLES, FLORIDA 33963
~'} :;:: ' ' """' DATE FILED
~-~. · DATE'R~ISED 7-16-91
· DATE REVIEWED BY CCPC 6-20-91
:..~. DATE APPROVED BY BCC 7/23/9~
· , O~IN~CE ~BER · ~1~
A: '~.~ .. '.
,,
TABLE OF CONTENTS
· pAGE
~.:' LIST OF EXHIBITS AND TABLE iii
,~ SEORT TITLE iv
~,% STATEMENT :OF COMPLIANCE iv
· SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1-1
SECTION ,II' PROJECT DEVELOPMENT 2-1
i~.' .SECTION III RESIDENTIAL AREAS PLAN 3-1
SECTION IV COM~4ONS AREA/GOLF COURSE 4-1
SECTION V CONSERVATION/PRESERVATION A~EAS :5-1
SECTION VI ' DEVELOPMENT COMMITMENTS 6-1
i ;
· : :::
LIT F EXHIB T AND TABLE
EXHIBIT "A" PUD Master Plan
SHORT TITLE
This Ordinance shall be known and cited as the "Dove Pointe
Planned Unit Development Ordinance."
STATEMENT OF CQMPLIANCE
The deyelopment of approximately 252 acres of property in Collier
County, as a' Planned Unit Development to be known as Dove Pointe:
will be in compliance with the planning goals and objectives of
Collier County as set forth in the Comprehensive Plan. The
residential and recreational facilities of Dove Pointe will be
consistent with the growth policies, land development regula-
tions, and applicable comprehensive planning objectives for the
following reasons:
~gsident£al Project
'1. The subject property is within the Urban Residential Land
..... Use Designation.as identified on the Future Land Use Map as
required in Objective 1, Policy 5.1 and Polic~ 5.3 of the
Future Land Use Element.
2. The subject ~ro.perty's location in relation to.existing or
proposed community facilities and services permits the
development'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 LaDd 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 Ele-
ment.
5. The projected density of 2.8 d.u. per acre is in compliance
with the Future Land Use Element of Growth Management Plan.
· SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
'1.1 PURP0$~
The purpose of.-~his Section is to'set forth the location and
ownership of the property, and to describe the existing con-
ditions of the property proposed to be developed under the
project name of Dove Pointe.
1.2 L~AL DE$~RIPT!QN
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:
Com~en~ing aG the northeast corner of said Section 28;
thence South 03'05'19" East along'the easterly line of
the northeast quarter (NE 1/4) 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 89'10'00" West along said southerly
right-of-way line for a distance of 1~80.13 feet to the
POINT OF BEGINNING of the herein described parcel of
land;
thence South 03~04'06" East for a distance of 1576.35
feet; thence North 89'09'31" East for a distance of
1980.67 feet to an intersection with said easterly line
of the northeast quarter (NE 1/4) of Section 28;
- thence South 03'05'19" East along said easterly line for
distance of'998.38 feet to the southeast corner of the
northeast quarter (NE 1/4);
thence South 03'05'44" East along the easterly line of
the southeast quarter (SE 1/4) of said Section 28 for a
distance of 2674.92 feet to the southeast corner of said
Section 28;
thence South 89'11'00" West along the southerly line of
the southeast quarter (SE 1/4) of Section 28 for a dis-
tance of 2642.14 feet to the southwest corner of the
said southeast quarter (SE 1/4) of Section 28;
thence North 03'04'55" West along the westerly line of
the east half .(E 1/2) of said Section 28 for a distance
of 3342.98 feet to the southeast corner of the east half
(E 1/2) of the southeast quarter (SE 1/4) of the
southeast quarter (SE 1/4) of the northwest quarter (NW
thence South '89'10'I7" West along .the southerly line of
said fraction for a distance of 330.19~feet to an inter-
section with the westerly line of said fraction;
thence~North 03'04'51" West along said westerly line for
a distance of 668.55 feet to an intersection with. the
northerly line of said fraction;
thence:North 89'10'11" East along said northerly line
for a distance of 330.18 feet to an intersection with
said westerly line the east half (E 1/2) of Section 28;
thence North 03'04'55" West along said westerly line for
a distance of 1237.04 feet to an intersection with the
said southerly line of Immokalee Road (C.R. 846);
thence North 89'10'00" East along said southerly line
for a distance of 661.06 feet to the POINT OF BEGINNING;
Containing 251.521 acres of land, more or less.
Subject to easements and restrictions of record.
1.3 ~RQPERTy OWTgERSHIP
The subject property is currently.under the ownership and
singular control of Josephine Marano of Cook Gounty, Il-
linois; represented by Archie Meinerz, P.O. Box 1008, Naples
Florida 33939.
1.4 ~ENERAL DESCRIPTION OF PROPERTY AREA
A. The ProJect site is. located in Section 28, Township 48
South, R~nge 26 East. The parcel of approximately 252
acres is located on Immokalee Road approximately 2
miles West to' th~ road's intersection with Interstate
~5. The site is currently used as farmland.
B. The zohing classification of the subject property prior
to the date of this approved PUD Document was PUD; Dove
Pointe Planned Unit Development Ordinance, Collier
County Ordinance 86-2.
1.5 pHYSICAL DESCRIPTION
The site is located south of Immokalee Road, about 2 miles
east of Interstate Highway 75 in Collier County, Florida.
The existing site is cultivated. Drainage canals are located
along the site's perimeter. The site is relatively level.
There are two areas of natural vegetation with a combined
area of approximately 9 acres.
1.6 PROJECT DESCRIPTION
Residential 'golf course community ~aving a maximum of
700 units on 252 acres.
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The.purpose of this Section is to delineate and generally
describe the project plan of development, general relation-
ships to applicable County ordinances, the respective land
uses'of the tracts included in the project, as well as other
project relationships.
2.2 GENERAL
A. ' Regulations for the daYelopmant of Dove Points shall be
in accordance with the con=ants of this document, PUD-
Planned Unit Development District and other applicable
.' sections and parts of the Collier County Zoning Or-
dinance in effect at the time of permitting. Where.
these regulations fail to provide developmental stan-
dards then the provisions of the most similar'district
in the County Zoning Ordinance shall apply.
B. Unless otherwise noted, the de'finitions of all ter~
'.shall be the same as the definitions set forth in Col:-
~ lief County Zoning Ordinance.
C. All 'conditions imposed and all graphic material
presented depicting restrictions for the development of
Dove Points shall become part of the regulations which
govern the manner in which the PUD site may be
.developed. ~ :
D. :Unless specifically waived through any variance or
waiver provisions within this PUD, the provisions of
those applicable regulations not otherwise provided for
in this PUD remain in full force and effect.
E. Development permitted by the approval of this petition
will be subject =o a concurrency review under the
provisions of the Adequate Public Facilities Ordinance
No. 90-24.
F. Unless otherwise noted all requirements and references
to the Collier County Zoning Ordinance shall be in
reference to the Ordinance in effect at the time of
permitting.
2.3 p£$CRIPTION OF P~04ECT ~LAN AND pROPOSED LAND USES
A. The project Master Plan, including layout of streets
..... 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".
TABLE
· .: ~YPE UNITS · ACREAGE
~: RESIDENTIAL
i~. TRACT "1" 700 93*
'~' PRESERVATION
.. TRACTS "4" & "5" 9
GOLF COURSE/LAKES 150'*
-SUBTOTAL TRACT "2" ( 128 )
~' -SUBTOTAL TRACT "3" (' 22)
~" * 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 ~ourse acreage is 108 and ap-
~" . proximate lake acreage is 42
~!~: ' Table I is an schedule of the intended land
I-~' .' 'uses, with approximate acreage of the total
project indicated. The arrangement of these
land 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'be 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 per-
mitted at Subdivision Master Plan (SMP) or Site
:.~ 2-2
.... - I ii
· Development Plan (SDP) approval to accommodate
~, topography, vegetation, and other site condi-
!:: Minor changes to the master plan shall be sub- ~
Ject to the provisions of Section 7.27J. of the
Zoning Ordinance. The final size of the recrea-
tion and open space lands will depend on the
: actual requirements for water management, road-
way patterns, and development parcel size and
configuration. Essential services are con-
sidered as 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 approval, parts thereof
may be constructed a shallow, intermittent wet and dry
depressions 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 Subdivision Master Plan or
Site Development Plan approval, subject to the provi-
sions of Section 7.27~ o[.the Collier County Zoning Or-
':: : C. The lnterna~ roadway system may be either private or
:i!i may:be dedicated to the County consistent with Subdivi-
" : sion requirements. :
';' 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY` OF.LAND USE
.-. A maximum of 700 residential dwelling units, single and
muitiTfamily, shall be constructed in the total project
. ; areal
The gross project area'is 252 acres. The gross project den-
sity, therefore, will be a maximum of 2.8 units per acre.
The density throughout the parcel may vary a~dording to the
type of housing placed on each parcel of land.
2.5 RELATED PROJE~T..PLAN APPROVAL REQUIREMENTS
A. The developer or subsequent owner of any "
f platted parcel or platted tract shall, prior to
( application for a building permit, submit a
Site Development Plan {SDP) or Site Master Plan
~..!~. (SMP) for that tract or parcel to the Develop-
ment Services Department for approval for ap-
~:'/ . plicable development subject to the provisions
~ of Section 10.5 of the Collier County Zoning
Ordinance.
( B. Prior to the recording of a Record Plat, and/or Con-
· dominium Plat for all or part of the PUD, final plans
of all required improvements shall receive approval of
:' the appropriate Collier County governmental agency to
~, insure compliance with the PUD Master Plan, the County
Subdivision Regulations and the platting laws of the
~' 'State of Florida.
C. Exhibit "A", PU~ Master Pian, constitutes the required
PUD Development Plan. Subsequent to or concurrent with
PUD approval, a Subdivision Master Plan if applicable
shall be submitted for the entire area covered by the
PUD Master Plan. Any division of property and the
? development of the land shall be in compliance with the.
:~. Subdivision Regulations, and the platting laws of the
· State of Florida.
D. The provisions of Section 10.5 of the Zoning Ordinance
when applicable shall apply to the development of all
platted tracts, or parcels of land as provided in said
7 . . Section 10.5.
E. The development, of any tract or parcel appro%ed for
residential development contemplating fee simple owner-
" ship of land for each dwelling unit shall be required
to submit and receive approval of a Subdivision Master
Plan in conformance with requirements established by
Article IX Section 3 of the Subdivision Regulations or
any subsequent amendment relating thereto prior to the
submittal of construction plans and plat for any por-
' tion of the tract or parcel.
F. Appropriate instruments will be provided at the time of
infrastructure improvements regarding any dedications
and method for providing perpetual maintenance of com-
mon facilities.
G. The golf course shall be platted in accordance with the
'[. Subdivision Regulations. Once the golf course and re-
'.( lated tracts are platted, a Site Development Plan, when
required, shall be submitted in accordance with Section
10.5 of the Zoning Code.
2.6 ~ODEL HOM~$ .AND.SAL£$ FACILITIES
~. ; Model homes/model home centers lngluding sales centers shall
be permitted in conjunction with the promotion of the
· '. development subject to the following:
~:i A; One "wet" and five "dry" models may be'constructed
prior to recording of a plat. Location is limited to
'' future, platted single family lots. All models must be
· applied for by project owner.
~:' B. .The models permitted as "dry models" must obtain a
~" conditional certificate of occupancy for model purposes
only. The "wet" model may not be occupied until a per-
manent certificate of occupancy is issued.
.. C.' The model ("wet model") utilized as a "sales'office"
must obtain approval by and through the Site Develop-
ment Plan process. The eDP process shall not be re-
.~ quired for dry models pursuant to this section.
D. Prior to recorded plats, metes and bounds legal
· descriptions shall be provided to and accepted by Col-
lier County as sufficient for building permTt issuance..
.. Said metes and bounds legal descriptions must meet
proposed plat configurations and all models constructed
: pursuant thereto shall conform to applicable minimum:
: ; square footages, setbacks, and the like as se% forth
herein.
,' E. Access shall be provided to each "dry" model from the
."wet" model. Access shall be for pedestrian traffic
only, no paved road will be allowed. Access to the.
:"wet" model shall be prov!de~ by a paved road or tem-
porary driveway.
:'~:'' : F; Sales, marketing,'~nd administrative functions are per-
mitted to occur in the designate "wet" model home
. within the project only as provided herein.
; G. The "wet" model may be served by a temporary utllit~
system with ultimate connection to the central system.
~ Interior fire protection facilities in accordance with
NFPA requirements are required unless a permanent water
: system is available. A water management plan must be
~ provided which accommodates the run-off from the model
home, parking , access road/driveway and other imper-
vious area. The system shall be designed and con-
: structed so that it is integrated with the master sys-
~ rem for the entire development.
· . 2-5
~EC?ION ZzI
LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN
3. I PURPOSE
The purpose of this Section is to identify specific develop-
ment standards for areas designated on Exhibit 'A", Tract
"1" as Residential Areas.
3.2 ~AX~MU]4 DWE. LLI~ ~NIT~
For the purposes of this section low to medium density
residential is defined as a residential development consist-
ing of less than 10 dwelling units per acre on areas allo-
cated for this purpose. There shall be a maximum of 700
residential units developed within Tract "1".
3.3 USES PERMITTED
Residential areas designated on the. master plan are to ac-
commodate a full range of residential dwelling units,
rec~eational facilities, essential services, customary ac-
gessor~ uses, and compatible land. uses. Multi-family shall
not be mixed'with single family, Principal uses shall not be
developed between dissimilar permitted use types, specifi-
cally, no multi-family type shall be located between single
family detached family structures. The minimum length of any
segment of. tract 1 upon which a single family detached
(including zero lot line single family detached) or multiple
family housing structures (i~e. 2 or more dwelling units)
shall be located is 600 feet, within which all.dwelling
units will be of the same permitted use type. At the con-
tiguou~ lot line between single family detached and multiple
family housing units a landscape buffer (on the multiple
f~mlly tract) of at least twenty (20) feet shall be
provided.
A. Principal Uses:
(1) Single family detached dwelling units .'
(2) Duplex, townhouses, villas, garden a~artments,
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
3-1
(5} On-site sewage treatment plant facilities. (This
portion of Tract "1" may be used as the temporary
location of a sewage treatment plant and
oxidation/evaporation pond until a
County treatment and co~lection system is avail-
able to serve the pro~ect. At such time as th~
treatment plant is
discontinued, all of tract "1" shall be utilized
for single family development as provided for by
this Section.
(6) Agriculture uses including related accessory uses
: and structures are considered acceptable Permitted
uses until residential building permits are issued
in compliance with this document.
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
· . · p6ols, tennis courts, children's playground areas,
· : etc. Such uses shall be visually and functionally
compatible with the adjacent-residences which have
the use of such facilities.
; (3) Guardhouse.
: 3.4 .DE%FELOPMENT STANDARDS '.
.'. A. GENERAL: All yards, set-backs, etc. shall be in
~" relation to the individual parcel or lot boundaries.
~!.~ B. ~INIMIrM LoT AREA: 7,500:square feet
~:~' ' : C. MINIMUM LOT WIDTH:
!: ~:= (1) Corner Lots - 75 feet
%~.i'. · (2) ~nterior Lots - 60 'feet ·
~.: (3) Cul-de-sac Lots - 40 feet ic~ord)
D. MINIMI~M YARD$~
~ (1) Front Yard - 25 feet '.
( (2) Side Yard - 7.5 feet
(3) Rear Yard - 20 feet
(4) Golf Course, Lakes
or Reserve Areas - 20 feet
'~i : :. (5) From a dissimilar
, permitted use type - 20 feet
3-2
(6) Side Yard may be reduced to 0 feet,
for zero lot line single family units
¥' if the 7.5 feet is added to the remaining
side yard.
(7) The distance between any two:struc- ~
tures on the same parcel shall'be fi.f-
" teen (15) feet or a distance equal to
one-half the sum of their heights,
whichever is greater.
~ ~ E. MINIMUM FLOOR ~R~:
;:..~ (1) 750 square feet per unit.
F. OFF-STREET PARKING AND LQADIN~ REQUIREMENTS
As required by Collier County Zoning Ordinance.
:i'. G. ~4AXIM~M HEIGHT,*.
(1) Principal and Accessory Structures - . .
" 35 feet above the minimum base flood elevation.
SECTION IV
:
: COMMONS AREA/GOLF COURSE AREA~ PLAN
4.1 PURPOSE' '
The purpose of this Section is to set forth the development
plan a~d 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 be used for water impoundment
and principal or accessory use areas.
4.2 US~S PERMITTE~
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) Gblf Courses. :
(2) Open Spaces/Nature Preser~es'iConservatton Area):.
(3) PedeS%rian and 'bicycle paths or other similar
facl~ities constructed for purposes of access to
or passage through common areas.
(4) Small docks, piers or other such facilities con-
structed for purposes: o! lake recreation for resi-
dents of the project.
(5) Shuffleboard courts, tennis courts, swimming
pools, and other types of facilities intended for
outdoor recreation.
(6) On-sif. e sewage treatment plant facilities. This
portion~of Tract "2" and/or "3" may be used as the
temporary location of a sewage treatment plant and
oxidation/evaporation pond until a County.treat-
ment and collection system is available tO serve
the project. At such time as the treatment plant
is discontinued, all of tract "2" and/or "3" shall
be utilized for any of the uses provided for by
this Section.
; ;~.
(7) Agriculture uses including related accessory uses
and structures are considered acceptable permitted
Uses until residential building permits are issued
in compliance with this document.
B. Accessory Uses:
Accessory, incidental and subordinate commercial
activities such as.but not limited to those provided
herein shall clearly be of such scope, size and
proposed iptensity that they are sustainable only by
the membership of the golf course and clubhouse.
'(1) Clubhouse, practice driving range and other cus-
tomary accessory uses of golf courses including
pro-shop, golf equipment, snack bar and similar
uses intended to exclusively serve patrons of the
golf course or other permitted recreational
facilities.
(2) Small docks, enclosures or other structures con-
structed for purposes of maintenance, storage,.
recreation or shelter with appropriate screening
and'landscaping..
(3) Shuffleboard courts, tennis courts, swimming pools
and other types of similar recreational
facilities.
(4) signage as'permitted by the Collier
~ county sign Ordinance.
(5) A maximum of two (2) residential units
in conjunction with the operation of
the golf course as determined to be
compatible by Collier County Project
Review Services, provided that the
maximum number of dwelling units for
the entire project does not exceed 700
residential units.
(6) Accessory uses and structures cus-
tomarily associated with principal
uses.
4.3 DEVELOPMENT REGULATIONS
A. Overall site design shall be harmonious in terms of
landscaping, enclosure of structures, location of ac-
cess streets and parking areas and location and treat-
ment.of buffer areas.
'~'~ B. Buildings shall be setback a minimum of fifty (50) feet
~' abutting residential districts and a landscaped and
~ maintained buffer shall be provided.
C. Lighting facilities shall be arranged in a manner ~hich
will protect roadways and neighboring prope~ties from
~ direct glare of other interference.
~" D, A:site development plan meeting all of the Development"
-'~ Regulations shall be required except the golf Course
.... itself in accordance with Section II Project Develop-
~.. 'ment Requirements of this PUD document.
E. ~axtmum Hetqht of structures
(1) Principal and Accessory Structures - 45 feet.
: F. M~mum Off-Street Parking and Loadtnq ..
As required by Zoning Ordinance.
4-3
SECTION V
CONSERVATION PRESERVE AREA
PURPOSE
Conservation/Preserve Area - The purpose is to preserve and
protect vegetation and naturally functioning habitat such as
wetlands in their natural state.
~E$ 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) Sm~ll .docks, piers or other such facilities con-
structed for purposes of lake ~ec~eation for rest-
dents of the project, subject to appropriate apr
provals by permitting agencies.
(4). Board wal~s subject to appropriate approvals by
permitting agencies.
(5) Paths and bridges to provide access
from the uplands.
B. Permitted A~cessory Uses and Structures:
('1) Accessory uses and structures cus-
tomarily associated with the principal
uses.
~ (2) Section V related Conservation
Preserve Area slgnage as permitted in
the zoning ordinance.
C. Environmental Review:
Any and all building, site alteration or other
activity within the preserve area is subject to
review by the Development Services Environmen-
tal Staff of Collier County.
SECTION VI
~':~ DEVELOPMENT COMMITMENT~
'~ 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
i' with Final Site Development Plans, Final Subdivision Plans
and all applicable State and local laws, codes, and regula-
, tions .applicable to this PUD. Except where .specifically
noted or stated otherwise, the standards and specifications.
~: '" of the official County Zoning Ordinance and Subdivision
Regulations shall apply to this project even if the land
within the PUD is not to be platted. The developer, his suc-
cessor and assigns shall be responsible for the commitments
outlined in this document.
The'developer, his successor or assignee shall agree to fol-
low the Master. PlAn and the regulations of the PUD as
. adopted and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition the
· : developer will agree to convey to any successor or assignee
.~ .: in title any commitments within this agreement.
6.3 ~UD MASTER PLAN
~.' A. Exhibit "A", PUD Master Plan iljustrates the proposed
?~ developmen~ and is conceptual in nature. Proposed
~' . tract, lot or land use bou'ndaries or special land use
~,. boundaries shall not be construed to be final and ma~
~ ' : 'be varied at any subsequent approval phase as may be
: executed at the time of final platting or site develop-
ment plan application.
~ " B. Ail necessary easements, dedications, or other instru-
ments shall be granted to insure the continued opera-
tion and maintenance of all service utilities and all
common areas in the project. ·
'~' 6.4 DEVELOPMENT EXEMPTIONS FROM STANDARD SUBDIVISION REGULATIONS
A. Sidewalks shall be provided on one side of all
streets and on cul-de-sacs longer than 300 feet.
: Sidewalks may vary outside the right-of-way
provided a sidewalk easement is created over the
. sidewalk.
B. Article X, Section 19: The requirement 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
edging of main road system will be waived. '~'
Traffic circulation signage shall be in confor-
mance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. stan-
dards.
C. Article X~, Section 10: The requirement that
PRM's be installed in a typical water valve
'cover shall be waived subject to monumentation
being installed in accordance with Chapter 177,
Florida Statutes.
D. Article XI, Section 21: The requirement of
utility casing installation shall be waived.
E. Article XI, Section 17H: The 1,000 ft. maximum
dead-end street length requirement shall be
waived.
F. Article.XI, Section 17I: The minimum back of
. curb radii for internal roads shall be 30 ft.
with the exception of both entrance road inter-
sections shall be 40 ft.
G. Article XI, Section 17J: The minimum 100 ft.
tangent requirement at intersections may be
reduced subject to a certified traffic study
based upon design s'peed, site distance and ade-
quate recovery zone. This requirement shall not
be waived at both project access points.
H. Article XI, Section K: The minimum 100 ft.
tangent requirement between reverse curves
may
be reduced subject to a certified traffic study
based on design speed and adequate recovery
zone.
I.Article XI, Section 21: The requirement for
blank utility casings shall'be waived.
6.5 TRANSPORTATION
A. The developer shall provide left and right turn lanes
on Immokalee Road at the project entrance for that por-
tion within the County's right-of-way. Approval of a
driveway location at this time does not imply a median
opening will be provided when Immokalee Road is four
laned.
6-2
B. The developer Shall provide arterial level street
~ lighting and a fair share coNtribUtion toward the capi-
,/.' .' tal cost of a traffic signal at the project entrance
~": when deemed warranted by the~County Engineer. The sig-
i~.. hal will be owned, operated and maintained by Collier
~.. County. :
C. The developer shall provide up to fifty (50) feet of
~;,~,~ right-of-way along the south side of Immokalee Road,
~;{.,~' ..subject to final roadway design. All right-of-way dona-
tions shall be credited toward any road impact fees.
D. Except as provided in "C" above, the above required im-
provements are considered "site related" and shall not
be applied as credits toward any impact fees required'
.. by that ordinance.
E. The developer shall reserve seventy-five (75) feet of
:~..~ right-of-way along the eastern most property line for
~ future arterial roadway purposes. Credits shall be 'ap-
~. plied toward any impact fees required if the:right-of-
'~'?:i- Way is donated.
F. The locatkon of the project entrance ro'a~ shall be
.-coordinated, if possible, across from any project
, entrance to the project to the north.
.' 6.6 WATER MANAGEMENT '
A. Detailed site drainage plans, including golf course
grading plans'shall be submitted to the Project Review
Services for review. No construction permits shall be
,,' . issued unless a~d until approval of the proposed con-
struction in accordance with the submitted plans is
:'~ grant, ed by Project Review Services.
B. An Excavation Permit will be required for the proposed
lakes .in accordance with Collier County. Ordinance No.
88-26 and will be constructed in accordance with South
'i:~- ' Florida Water Management District regulations.
C. Prior to final construction plan approval, developer
shall provide a copy of the South Florida Water Manage-
f ment District permit or early work permit.
D. Lakes shall meet the setback requirements of Ordinance
No. 88-26. A 20 ft. maintenance easement shall be
provided around the perimeter of all lakes and a 20 ft.
access easement from an appropriate private or public
road.
6-3
E. The project shall coordinate the location, size and
. configuration of all drainage structures necessary to
~-.~ · accept the runoff from Logan Boulevard with County
Transportation Services. Prior to 'final construction
plan approval, evidence shall be provided showing that.
{ - this has been done.
,:,~. F. This project shall.incorporate additional segments of
Logan Boulevard water quality an~ quantity requirements
as long aA the water management system has the
'~' ' capacity.
6.7 UTILITIES
,,/ A. Water & Sewe~
-~,.~ F 1. It is anticipated that the County Utilities Divi-
~ · sion will ultimately supply potable water to meet
'" the consumptive demand and/or receive and treat
the sewage generated by this project. If the
~, ' County systems are not available at the time
.. development commences, the Developer, at his ex-
pense, will install and operate interim Water
supply and. onlstte treatment facilities and/or in-
terim on-site sewage treatment and disposal
facilities adequate to meet all requirements of
the appropriate regulatory agencies or shall
nect to other water and sanitary sewage facilities
that are acceptable to the County.
2. A.11 customers 'connecting to the water distribution
and sewage collection facilities will be customers
of the County and will be billed by the County in
accordance with the County's established rates.
Should the County not be in a position to provide
~.. water and/or sewer service to the project, the
water and/or sewer customers shall be customers
the interim utility established to serve the
project until the County's off-site 'water and/or
sewer facilities are available to serve the
project.
~,!:~ 3. An Agreement shall be entered into between the
"~ ' County and the Developer, binding on the
i.'~, Developer, his assigns or successors, legally ac-
ceptable to the County, prior to the approval of
i,~:. construction documents for the proposed project,
"~, stating that:
~! a. The proposed water supply and on-site treat-
!~. ment facilities and/or on-site wastewater
.~.~ treatment and disposal facilities, if re-
~<'~ quired, are to be constructed as part of the
'~"' proposed project and must be regarded as.~n-
! terlm; they shall be constructed to Stat~ and
· Federal standards and are to be owned,
operated and maintained by the Developer, his
assigns or successors until such time as the.
County's off-site water facilities and/or
off-site sewer facilities shall supply serv-
ices only to those lands owned by the
.'!- Developer and approved by the County for
development. The utility facility(les) may
not be expanded to provide water and/or sewer
service outside the development boundary ap-..
" proved by the County without the written con-
sent of the County.
'~ b. Upon connection to the County's. off-site
' water facilities, and/or sewer facilities',
the Developer, his assigns or successors
shall abandon, dismantle and remove from the
site the interim water and/or sewage treat-
ment facility and discontinue use of the
.. ; water.supply source, if applicable, in a man-..
· ' net consistent with State of Florida stan-
" dards. All work related with this activity
shall be performed at no cost to the County~
c. Connection to the County's off-site water
· and/or sewer facilities will be' made by ~he
owners, their assigns or successors at no
'Cost to the County within 90 days after such
facilities become available. The cost of con-
nection shall include, but no be limited to,
all engineering design and preparation of
construction documents, permitting, modtflca-
.. tlon or refitting of existing sewage pumping
facilities or construction of new master
· ' sewage pumping facilities, interconnection
· with County off-site facilities, water and/or
sewer lines necessary to make the
i~.' connection{s), etc.
d. At the time County off-site water and/or
sewer facilities are available for the
project to connect with, the following water
.- and/or sewer facilities shall be conveyed to
6-5
the County pursuant to appropriate County Or-
dinances and Regulations in effect at the
time:
1. All water and/or sewer facilities con-
structed in publicly 'owned rights-of-way
or within utility easements required by
the County within the project limits re-
quired to make connection with the
,, County's off-site water and/or sewer
facilities; or,
2. All water and sewer facilities required
to connect the project to the County's
off-site water and/or sewer facilities
when the on-site water and/or sewer
facilities are constructed on private
property and not required by the County
to be located within utility easements,
including but not limited to the follow-
ing:
a. Main sewage lift station'and force'
main. interdonnecting with the County
sewer facilities including all utikit~.
easements necessary;
b. Water distribution facilities from
the point of qonnection with the
County's water facilities 'to the master
water meter as appropriate serving the
project, including all utility easements
necessary.
The customers s~rved on an interim basis by
the utility system constructed by the
Developer shall become customers of the
County at the time when County off-Site water'
and/or sewer facilities are available to
serve the project and such connection is
made'. Prior to connection of th~ project to
the County's off-site water and/or sewer
facilities the Developer, his as'signs, or
successors shall turn over to the County a
complete list of the customers served by the
interim utilities system and shall not com-
pete with the County for the service of those
customers. The Developer shall also provide
the County with a detailed inventory of the
facilities served within the project and the
6-6
:"~' entity which Will be responsible for the
~ water and/or sewer service billing for the
project. ."
<: f. All construction plans and'technical
: specifications related to connections to the
!x 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.
'i.'. 4. Data required under County Ordinance No. 80-112
showing the availability of sewage service, must
be submitted and approved by the Utilities Divi-
sion prior to approval of the construction docu.-
ments for the project. The developer shall submit
a copy of the approved DER permits for the sewage
collection and transmission systems and the was-
~ tewater treatment facility to be utilized, upon
:, receipt thereof
5..' · Connection to the existing water and sewer
facilities within Immokalee Road right-of-way
(when 'available), is ~equired and must be com-
pletely iljustrated on the final construction
plans as to location, configuration and size.
· '; 6. 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
terminated for future connection.
6.8 ENVIRONMENTAL CONSIDERATIONS
'~.' .. A. .A site clearing plan shall be submitted to Project
",~ Review Services - Environmental Staff for their review
a~d approval prior to any substantial work on the site.
This plan may be submitted in phases to coincide with
the degelopment schedule. The site clearthg plan shall
clearly depict how the ftnal site layout incorporates
: retained native vegetation.to the maximum extent pos-
sible and how roads, buildings, lakes, parking lots,
and other facilities have been oriented to accommodate'
': this goal. :
' B. Utilization of native species is encouraged in the site
5- landscaping design A landscaping plan will be sub-
mitted to Project Review Services - Environmental Staff
~% for their review and approval, prior to the issuance of
L building permits. This plan will depict the incorpora-
tion of native species and their mix with. other
'!' species, if any.
~.'
C. Ail exotic plants, as defined in the County Code,. shall
~. be removed during each phase of construction from
%1. development areas, open space'area.s, 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 lntervals,.shall be
?.~, filed with and approved by Project Review Services -
~:~:." Environmental Staff.
D. 'If, during the course of site clearing, excavation, or
other constructional activities and archaeological or
historical site, artifact, or'other indicator is dis-
%'!' covered, all development at that location shall be im-
mediately stopped and Project Review Services.- En-
vironmental Staff notified. Development will be
suspended for a sufficient length of time to enable
Project Review Services - Environmental Staff consult-
'~. ant to assess the find and determine the proper course
': of. action in regard to its salvageability. The Natural
". Resources Management Department will respond .to. any
such notification in a timely and efficient manner so
as to provide only a minimal interruption to any con-
structional.activities.
E. The applicant shall supply all wildlife surveys and in-
.t formation required by the Florida Game and Fresh Water
Fish Commission (FGFWFC) prior to submission of the
'~:.. fihal construction plan/plat.
F. The cypress dome wetland and the hydric pine flatwoods
i~.~ totaling nine (9) acres shall be surveyed prior t°
~i final construction plan/pi.at approval and shall be
! designated and preserved as conservation easements or
'tracts on the plat document with protective covenants
pursuan~ to Chapter 704.06, Florida Statutes.'
G. The project shall be controlled no lower .than the
lichen line/water mark elevation of the'preserve areas
i." as delineated by Collier County Project Review Services'
· - Environmental Staff. If the lichen line elevations of
the preserve area are determined by the Collier County
? . Project Review Services - Environmental Staff,.the
i South Florida Water M~nagement District, and the
ap-
i(. plicant, to have been artificially produced by agricul-
tural activities, the site shall not be controlled
lower than the ground elevation of the preserve areas.
H. The applicant shall plant at least thirty-three percent
(33%) of each lakes littoral zone from one (1) foot
above the lakes control elevation to two (2) feet below
~ ::.-' 6-8
~:':
control with native emergent aquatic species. Lake
Four, to be utilized as a component of the driving
range, shall be exempt from this r.equirement.
6.9 6CCE$SORY STRUCTURES :3
'. ': Accessory structures shall'be constructed simultaneously
with or following the construction of the principal struc-
ture except for a construction site office and model units.:
:~ii~ 6.10 ~ARKING, LIGHTING, LANDSCAPING AND SIGNAGE
A. Landscaped buffers along Logan Boulevard extension, Im-
mokalee Road and along the entry wall will be consis-
tent with golf course design and the following develop-
ment standards:
~ii' (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..,
Gl three feet at planting and developing a height of
~.~ .. 6 feet within two years.
ij~?.. B. Except as noted above ~nd within this document, stan-
. ~. dards for parking, lighting, landscaping, and signag~
i~6~ " "shall be in conformance with the Collier County Zoning
': ; Ordinance No. 82-2 and Sign Ordinance No. 89-60.
" 6.11 ~OLLING PLACES :
~';~' Rooms shall be provided within common areas for the purpose
of permitting residents within the PUD to vote during all
elections. The number and location of needed rooms shall be
determined by the Collier County ~upervisor of Elections.
' .. 6.~2 ~PECIAL CONDITIONS
A. Provision for off-site removal of earthen
materl~l :
; 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 bulldable 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.
. 1. Excavation activities shall comply with
the definition of a "development excava-
2: tion" pursuant to 0rdln~nce No. 88-26. -
.~'-' Offsite removal of fill material shall
· ',~ limited to 10% of total calculated, ex-
cavated 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 Ordinance 88-26
are applicable.
'. - 6.13 ~MITATION$ QF PLANNED ~NI~. DEVELQPMENT APPROVAL
U~less the development of the subdivision and golf course
amenity is substantially complete, the land owner of record
shall submit to the County Commission a status report on the
progress of development on or before August 1, 1996. Upon
receipt of the report, Planning Services shall review said
report, and present its findings to the Board of County Com-
missioners. The.report shall submit an.argument that sup-
ports the continued development schedule proposed by the
owner. The singular purpose of this review, and the review
criteria for the extension of the PUD approval, is whether
.' the development of the PUD has commenced in earnest.
Should the Board of County Commissioners determine that th~
.;i~. development has commenced in earnest, then the land shall'
retain its existing PUD approval and shall not be subject to
~' additional review under the procedure defined herein Section
'~ 6.13.
~.~ ·
Should the Board of County Commissioners determine that the
development has not commenced in earnest, then upon review
and consideration of the report provided by the owner, the
Board of County Commissioners shall elect one.of the follow-
lng: ·
1) to extend the current PUD approval for a period of two
~'" " years or a greater period of time; at the end of which
~;,,, time, the owner will again submit to the procedure as
i~ defined herein Section 6.13of this document.
:~ 2) require the owner to submit an amended PUD in which the
unimproved portions of the original PUD shall be con-
sistent with the Growth Manaqe~ent Plan. The existing
PUD shall remain in effect until subsequent action by
the Board on the submitted amendment of the PUD.
6-10
, ~: If the owner fails to submit an amended PUD within 6
'~. months of Board action to require such an amended sub-
'~" mittal, then the Board may initiate proceedings to
:~ rezone, and subsequently rezone the unimproved portions
of the original PUD to an appropriate zoning clas- .
i sificatlon consistent with the Growth Manaqement Plan.
6-11
· . . .... ~ .-.:,.~;..~-~ --.-;% ~
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~ Access
~'' L4
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. Note: ' ' A~F~S" ~ "1'~ I~ ' '--~n' .u. 00~ POIN~
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.... , oOJJ.l,..~, / " '"' ' ,
STATE OF FLORIDA
OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth'Judicial circuit, Collier County, Florida, do
hereby certify that the foregoing ts a true copy of:
Ordinance No. 91-64
.. which was adopted by the Board of County Commissioners on
:~ the 23rd day of July, 1991, during Regular Session.
WITNESS my hand and the off/cia/ seal of the Board of
" County Commissioners of Collier County, Florida, this 3Oth
~:~ day of July, 1991.
~AMES c. OIL'S .~%'.t::.,~3 r~ ·
Clerk o~ Courts a~d C~er~'-' ...... .
'- Ex-officio to Board of.~,' . . /
'"~ · County Commissioners/1,'~:. ' "
~, Deputy Clerk