Ordinance 99-71ORDINANCE NO. 99- 71
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
THE COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBER 86275; BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
INDIGO LAKES HAVING THE EFFECT OF AMENDING THE
PUD DOCUMENT FOR THE PURPOSES OF CHANGING THE
PROJECT NAME, INCREASING THE PROJECT ACREAGE
FROM 120.85& ACRES TO 140.85± ACRES, CHANGING THE
DENSITY FROM 3.66 UNITS PER ACRE TO 3.14 UNITS PER
ACRE, AND CHANGING THE PROPERTY OWNERSHIP, FOR
PROPERTY LOCATED ON C.R. 951, SOUTH OF THE
EXISTING OAK RIDGE MIDDLE SCHOOL, IN SECTION 27,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. CONSISTING OF 140.85+ ACRES;
PROVIDING FOR THE REPEAL OF ORDIANCE NUMBER
99-9, THE FORMER WYNDHAM PARK PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Karen K. Bishop, of PMS, Inc. of Naples, representing Kenco Development,
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 27,
Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD"
Planned Unit Development in accordance with the "Indigo Lakes" PUD Document, attached
hereto as Exhibit "A", which is incorporated herein and by reference made part hereof.
~'~:.~ ....
Official Zoning Atlas Map Number 86275, as described in Ordinance Number 91-102,
Collier County Land Development Code, is hereby amended accordingly, r?,
SECTION TWO:
2~.3
Ordinance Number 99-9, known as the Wyndham Park PUD, adopted on Feb~giiy
1999 by the Board of County Commissioners of Collier County, is hereby repealed in its
entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
1
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this ~,/O~ day of(_0~ ,1999.
ATTEST:
.'D~r!GHT E. BROCK, Clerk
· Attast .as.,to Chatrean's
signature onl$.
Approved as to Form
and Legal Sufficiency
Marjori~. Student
Assistant County Attorney
PUD-98-07(I)/ORDINANCE/SM/ts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA.
BY: ~~
PAMELA S. MAC'KIE, CHA1/RWOMAN
Tkis ordinance filed wlth~ the
a~ecretary of~&ate's Office. the
~/l~day ofL.~:~. , /~
and acknowledgement of. that
filina received this ~ day
2
INDIGO LAKES
(F.K.A. WYNDHAM PARK)
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
Kenco Development, Inc.
255 East Drive; Suite "D'
Melbourne, Florida
Prepared By:
PMS, Inc. of Nails
2335 Tamiami Trail; Suite 408
Naples, Florida 34103
941 / 435-9080
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
DOCUMENT DATE
10/26/99
99-71
91-102{
7.]4.99
99-9
Exhibit "A"
TABLE OF CONTENTS
PAGE THRU PAGE
TABLE OF CONTENTS
STATEMENT OF COMPLIANCE
ii
iii
SECTION
I
II
[]
IV
PROPERTY OWNERSHIP & DESCRIPTION 1-1
PROJECT DEVELOPMENT REQUIREMENTS 2-1
LOW TO MEDIUM DENSITY
RESIDENTIAL AREAS PLAN 3-1
DEVELOPMENT COMMITMENTS 4-1
1-2
2-7
3-4
4-4
LIST OF EXHIBITS AND TABLES
EXHIBIT "A" - PUD MASTER PLAN
TABLE I - INDIGO LAKES ESTIMATED LAND USE SUMMARY
TABLE II - SUMMARY OF DEVELOPMENT STANDARDS FOR
ALL RESIDENTIAL
2-2
3-4
ii
STATEMENT OF COMPLIANCE
The development of approximately 140.85 acres of property in Collier County, as a Planned Unit
Development to be known as Indigo Lakes will be in compliance with the goals, objectives and
policies of Collier County as set forth in the Comprehensive Plan. The residential facilities of
Indigo Lakes will be consistent with applicable comprehensive planning objectives of each of the
elements of the Comprehensive Plan for the following reasons:
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.
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.
The project will be served by a complete range of services and utilities as approved by the
County.
The project is compatible with adjacent land uses through the internal arrangement of
structures, the placement of land use buffers, and the proposed development standards
contained herein.
All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance.
The subject property is within the Urban Residential Land Use Designation as identified
on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the
Future Land Use Element(FLUE) and therefore is eligible for the base density as provided
by the FLUE Density Rating System. The proposed density for the project is 3.14 units
per acre which is less than the maximum density provided by the FLUE Density Rating
System contained in the FLUE and therefore is consistent with the Future Land Use
Element Policy 5.1.
Base density for the project is four (4) dwelling units per acre. A portion of the parcel, 47
acres is within the one mile radius density band of the Immokalee/CR 951 Activity Center
and therefore is eligible for an additional (3) units per acre. The project's eligible density
is therefore is 47 acres at 7 d.u./acre yielding 329 units and 93.85 acres at 4 d.u./acre
yielding 375 units; the sum project potential is 704 units or 5.0 d.u./acre.
In summary, the subject property has an area of 140.85 acres and is proposed to be
developed with maximum of 442 units. The project site will have a density of 3.14 units
per acre. This density is deemed consistent with the density provided for by the County*s
Growth Management Plan.
111
1.1
1.2
1.3
1.4
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
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 Indigo Lakes.
LEGAL DESCRIPTION
The' subject property being:
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COLLIER, LYING IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BEING
FURTHER BOUND AND DESCRIBED AS FOLLOWS:
THE NORTH V: OF THE SOUTH ~/: OF THE NORTH V: OF THE SOUTHEAST 1/4; THE SOUTH V2
OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4; THE NORTH J/: OF THE SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4; THE SOUTH V: OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THE
NORTH V~ OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THE SOUTH V~ OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA LESS THE PORTION THEREOF CONSTITUTION ROAD
RIGHT OF WAY FOR COUNTY ROAD //951. SAID LANDS SITUATE LYING AND BEING IN
COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT THEREFROM THE EAST 100 FEET OF SECTION 27, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, HAVING BEEN CONVEYED TO THE STATE OF FLORIDA FROM THE USE
AND BENEFIT OF THE STATE ROAD DEPARTMENT OF FLORIDA IN DEED FILED UNDER
CLERK'S FILE No. 37482 IN OFFICIAL RECORDS BOOK 13, AT PAGE 61.
THE NORTH V2 OF THE NORTHEAST IA OF THE SOUTHWEST IA OF SECTION 27, TOWNSHIP 48
SOLrI~, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, OFFICIAL RECORDS BOOK 1949, AT
PAGE 976.
PARCEL CONTAINS 140.85 ACRES, MORE OR LESS.
PROPERTY OWNERSHIP
The subject property is under unified control through contracts for purchase agreements.
The purchaser is Kenco Development, Inc., hereafter called "applicant or developer".
GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located within Section 27, Township 48 S, Range 26 E, Collier
County. The parcel of approximately 141 acres is located adjacent to and west of
CR 951 and approximately 0.6 of a mile south of Immokalee Road. The site is
also adjacent to and directly south of Oak Ridge Middle School.
The zoning classification of the subject property prior to the date of this approved
PUD Document was PUD and A/Agriculture.
1-1
1.5
1.6
1.7
PHYSICAL DESCRIPTION
The subject property is relatively level with elevations from 12.7 NGVD to 13.9 NGVD
and has been or is currently utilized for agricultural crop production or pasture lands. It
is, therefore, generally clear of vegetation. The site has a limited amount of existing
vegetation which is located on the parcel's eastern edge in proximity to CR 951 and the
project's singular proposed access.
The site has the following designation relative to flood -FEMA Flood Area Zone X, Finn
Map Panel 215 of 1125 Community Panel No. 120067 0215 D; Map Revised June 3,
1986.
PROJECT DESCRIPTION
Indigo Lakes is a planned development consisting of a mixture of single family and
multi-family units. Access to the subject parcel will be from the parcel's frontage on CR
951.
SHORT TITLE
This Ordinance shall be known and cited as the "Indigo Lakes Planned Unit Development
Ordinance."
1-2
2.1
2.2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
PURPOSE
The purpose of this Section is to delineate and generally describe the project's plan of
development, relationships to applicable County ordinances, the respective land uses of
the tracts included in the project, as well as other project relationships.
GENERAL
Regulations for development of Indigo Lakes shall be in accordance with the
contents of this document, PUD-Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development Code and
Comprehensive Plan in effect at the time of issuance of any development order to
which said regulations relate which authorizes the construction of improvements
such as Final Subdivision Plat, Final Site Development Plan, Excavation Permit
and Preliminary Work Authorization. Where the regulations of this PUD
Document fail to provide developmental standards, then the provisions of the
most similar district in the County Land Development Code shall apply.
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.
Co
All conditions imposed and all graphic material presented depicting restrictions
for the development of Indigo Lakes shall become part of the regulations which
govern the manner in which the PUD site may be developed.
Do
Unless modified, waived or excepted by this PUD document or associated
exhibits, the provisions of other sections of the Land Development Codes, where
applicable, remain in full force and effect with respect to the development of the
land which comprises this PUD.
Eo
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities of the Land Development Code at the earliest or next to occur of either
final SDP approval, final plat approval, or building permit issuance applicable to
this development.
2-1
2.3
DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including and use of land for the acreage noted,
iljustrated graphically by Exhibit "A", PUD Master Plan.
is
INDIGO LAKES
LAND USE SUMMARY
TABLE I
MAXIMUM LAND USE INTENSITY SUMMARY
USE MAX. D.U.'s
Residential 442
ACRES
140.85 +/- (gross)
Open Space @ 60% N/A
(Lakes, Preserves, Landscape Buffers, Open Areas & Recreational Areas)
84.50 +/-
Ce
This acreage includes open space or recreational areas that may be located within
residential acreage.
Table I is a schedule of the intended land uses, with approximate acreage of the
total project indicated. The arrangement of these land areas is shown on the
Master Plan (Exhibit "A"). The Master Development Plan is an iljustrative
preliminary development plan. Design criteria and layout that is iljustrated on the
Master Development Plan and other exhibits supporting this project shall be
understood to be flexible so that final design may satisfy development objectives
and be consistent with the project's development, as set forth in this document.
Modification to all boundaries may be permitted at the time of Preliminary
Subdivision Plat or Site Development Plan approval, subject to the provisions of
the Collier County Land Development Code or as otherwise permitted by this
PUD document.
In addition to the various areas and specific items shown in Exhibit "A", such
easements as necessary (utility, private, semi-public, etc.) shall be established
within or along the various tracts or acreage as may be necessary.
2-2
2.4
DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
The project shall be developed at a maximum density of 3.14 dwelling units per acre.
2.5
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of
the PUD, final plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with the
PUD Master Plan, and as applicable, the Collier County Subdivision Code and the
platting laws of the State of Florida.
Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat,
if applicable, shall be submitted for the entire area covered by the PUD Master
Plan. Any division of property and the development of the land shall be in
compliance with Division 3.2 of the Collier County Land Development Code, and
the platting laws of the State of Florida.
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.
Do
Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
Except as provided herein, the design and construction of all improvements shall
be subject to compliance with the appropriate provisions of the Collier County
Land Development Code, Division 3.2.
Fo
The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be
required to submit and receive approval of a Preliminary Subdivision Plat in
conformance with the requirements of Division 3.2 of the Collier County I_and
Development Code prior to the submittal of construction plans and a final plat for
any portion of the tract or parcel.
2-3
2.6
MODEL HOMES AND SALES FACILITIES
Model homes, model home centers including a sales center(s) shall be permitted in
conjunction with the promotion of the residential development of said U'act subject to the
following:
A. Models may be constructed prior to recording of a plat.
Bo
Models may be permitted as "dry models" and must obtain a conditional
certificate of occupancy for model purposes only. Models may not be occupied
until a permanent certificate of occupancy is issued.
Models may not be utilized as "sales offices" without approval by and through the
Site Development Plan process. The SDP process shall not be required for single
family dry models pursuant to this section.
Do
Prior to the recording of any plats, metes and bounds legal descriptions shall be
provided to and accepted by Collier County as sufficient for building permit
issuance. Said metes and bounds legal descriptions must meet proposed plat
configurations and all models constructed pursuant hereto shall conform to
applicable minimum square footage, setbacks and the like as set forth herein. If
platting is required, corrective deeds shall be recorded once the plat is recorded.
Eo
Temporary access and utility easements may be provided in lieu of dedicated
rights-of-way for temporary service to model homes.
2.7
LANDSCAPE BUFFERS, B.ERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Indigo Lakes.
Ao
LDC Section 2.4.7: The hedge requirement for a perimeter buffer along the Heritage
Greens Golf Course may be waived by the Development Services Director subject to an
approved landscape plan. The landscape plan shall depict landscape enhancements to
the existing drainage canal along Indigo Lakes' western frontage. The hedge
requirement for the perimeter buffer along the existing lake located at the Middle
School to the north and east may be relocated onto the Middle School property as
approved by the Collier County Public Schools. The relocated buffering shall create a
buffer along the east side of the existing lake.
2.8
DEVELOPMENT SCHEDULE
The applicant estimates completion of improvements to the property should occur by
January 2004.
2.9
AMENDMENTS TO PUD DOCUMENT OR pUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code, Section 2.7.3.5.
2-4
2.10
ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest of all of the subsequent
purchasers of property within said development in which the common interest is located,
that developer entity shall provide appropriate legal instruments for the establishment of a
Property Owners' Association or another appropriate entity whose function shall
include provisions for the perpetual care and maintenance of all common facilities and
open space subject further to the provisions of the Collier County Land Development
Code, Section 2.2.20.3.8.
2.11
OPEN SPACE REQUIREMENTS
A combination of the lakes, landscape buffers and open space shall meet the 60 percent
open space requirement for development as set forth in Section 2.6.32.2 of the Land
Development Code. Open space shall include all pervious green space within
development parcels and lots.
2.12
AGRICULTURAL ACTIVITIES
The site has previously been and is currently utilized for agricultural purposes.
Agricultural activities, as defined in the Land Development Code, shall continue to be a
permitted use throughout the project until such time as residential development has
commenced.
2.13
EASEMENTS FOR UTILITIES
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities in compliance with applicable
regulations in effect at the time of development approvals.
2.14
COMMON AREA MAINTENANCE
Common area maintenance, including the maintenance of common facilities, open spaces
and water management facilities shall be the responsibility of the Developer, their
successor or assign.
2.15
HISTORICAL/ARCHAEOLOGICAL IMPACT
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of
site clearing, excavation or other construction activity, a historic or archaeological artifact
is found, all development' within the minimum area necessary to protect the discovery
shall be immediately stopped and the Collier County Code Enforcement Department
contacted.
2.16
GENERAL PERMITrED USES
Certain uses shall be considered general permitted uses throughout the Indigo Lakes
PUD. General permitted uses are those uses which generally serve the Developer and
residents of Indigo Lakes PUD and are typically part of the common infrastructure or are
considered community facilities.
2-5
Ao
General Permitted Uses:
Essential services as set forth under Collier County Land Development
Code, Section 2.6.9.1.
2. Water management facilities and related structures.
Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Community and recreational facilities, community centers.
Temporary construction, sales, and administrative offices for the
Developer and Developer's authorized contractors and consultants,
including necessary access ways, parking areas and related uses, subject to
the requirements set forth in the Collier County Land Development Code.
Landscape features including but not limited to landscape buffers, berms,
fences and architecturally designed walls.
o
Fill storage subject to the standards set forth in the Collier County Land
Development Code.
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:
Setback from back of curb or edge of pavement of any road - eighteen feet
(18') except for guard houses, gatehouses, and access control structures
which shall have no required setback.
Sidewalks and bikepaths may occur within required buffers, however the
width of the required buffer shall be increased proportionately to the width
of the paved surface of the sidewalk or bikepath.
2-6
2.17
2.18
LAKE SETBACKS AND EXCAVATIONS
The required setback to external property lines shall be thirty (30') feet if fenced. The
required setback to any property line, tract line or structure internal to the development or
to any structure shall be zero (0') feet. Lakes may be excavated as development
excavations to a maximum depth of twenty (20') feet.
FILL STORAGE
Do
Fill storage is generally permitted as a principal use throughout the project. Fill material
generated may be temporarily stockpiled within areas designated for residential
development. The following standards shall apply:
Stockpile maximum slope: 3 to 1 (horizontal to vertical)
Stockpile maximum height: Thirty-five (35') feet
Fill storage areas shall be no closer than three hundred (300') feet from any developed
residential properties, except as may otherwise be approved by Collier County
Engineering Review Services pursuant to a submitted grading and filling plan.
Soil erosion control shall be provided in accordance with the Collier County Land
Development Code, Division 3.7.
In order to properly utilize the fill excavated from the proposed lakes, the site may be
filled prior to the issuance of building permits pursuant to Section 3.2.8.3.6.3 of the LDC.
2.19 SUBSTITUTIONS TO SUBDIVISION REGULATIONS
The following design substitutions shall apply:
A. LDC Section 3.2.8.3.19: Street name signs shall be approved by the Development
Services Director but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform
Traffic Control Devices. Internal street pavement painting and reflective edging
requirements shall be waived.
B. LDC Section 3.2.8.4.16.5: All internal streets shall be considered local streets and their
right-of-way widths shall be fifty (50') feet except as necessary to accommodate turning
lanes at the Project's main entrance.
C. LDC Section 3.2.8.4.16.6: The 1,000-foot length for cul-de-sac streets shall be waived.
The maximum length of a cul-de-sac street shall be 1,800 feet.
D. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall
be waived.
E. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be waived to
allow the use of a surface course of paver brick or decorative concrete pavement.
2-7
SECTION III
LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN
3.1
PURPOSE
The purpose of this Section is to identify specific development standards for the area
designated on Exhibit "A."
3.2
MAXIMUM DWELLING UNITS
There shall be a maximum of 442 residential units developed within the project's
residential tracts.
3.3
USES PERMITTED
Residential areas designated on the Master Plan are to accommodate a full range of
residential dwelling units, recreational facilities, essential services, customary accessory
uses, and compatible land uses. Multi-family uses shall not be mixed with single family
uses on the same platted tract. Principal uses shall not be developed between dissimilar
permitted use types, specifically, no multi-family type shall be located between single
family detached family structures.
At the continuous lot line between single family detached and multiple family housing
units or a dissimilar housing type, a landscape buffer (separately or on the tract of the
higher density unit) of at least twenty (20) feet shall be provided. This buffer shall
minimally meet the requirements of the Land Development Code's Type "B" landscape
buffer.
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
(l)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Single family detached, single family attached, cjuster development and
multi-family development.
Duplex and two-family dwellings.
Townhouses and garden apartments/condominiums.
The cjustering or grouping of housing structure types identified in this
document may be permitted on parcels of land under unified ownership, or
as may be otherwise provided in Section 2.6.27 of the Collier County Land
Development Code and subject to the provisions of Division 3.3 of the
Collier County Land Development Code.
Open space or preserve area.
Water management facilities and lakes.
Guard houses and entrance gates.
Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
3-1
3.4
Accessory Uses:
(2)
(3)
Uses and structures that are accessory and incidental to permitted uses,
including private garages.
Recreational uses and facilities such as clubhouses, swimming pools,
tennis courts and children's playground areas and similar facilities that
serve as an integral part of a residential development. Such uses shall be
visually and functionally compatible with the adjacent residences which
have use of such facilities.
Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
DEVELOPMENT STANDARDS (See Table II, for greater specificity)
GENERAL: All yards and setbacks shall be in relation to the individual parcel
boundaries, except as otherwise provided. Generally whenever the word
"setback" is used relative to a measurement between the buildings and a lot line
and/or perimeter boundary of a parcel of land upon which buildings are to be
constructed it shall have the following application:
FRONT YARD: Front yard setbacks shall be measured as follows:
1)
If the parcel is served by a public or private right-of-way, setback is
measured from the adjacent right-of-way line.
2)
If the parcel is served by a non-platted private drive, setback is measured
from the back of curb or edge of pavement.
3)
If the parcel is served by a platted private drive, setback is measured from
the road easement or property line.
Principal buildings shall be set back a distance sufficient to provide for
two back to back parking spaces, one of which may be an enclosed space.
5)
When principal buildings front upon a common parking area, which in
mm fronts upon a public or private fight-of-way or non-platted drive, a
minimum distance of ten (10) feet shall separate the principal building and
any related parking facility, and a green belt of ten (10) feet shall separate
said right-of-way, or other non-platted private drive from the common
parking area. This shall not prohibit the attachment of enclosed parking
structures to the principal residential structure, however in such uses a
parking apron of at least fifteen (15) feet shall separate the enclosed
parking space from the edge of curb on a private right-of-way without
sidewalks or twenty (20) feet when a setback includes a sidewalk.
3-2
MAXIMUM HEIGHT
In order to provide a form of a compatibility within the context of existing residential
development within Collier County, the maximum number of stories permitted shall be
three (3) habitable floors for a maximum height of 35 feet.
STREET TREE REQUIREMENT
Street trees shall be provided throughout the development. A street tree plan shall be
submitted for staff review and approval as appropriate. Street trees may be placed within
residential lots and shall be installed prior to or concurrent with the construction of
individual dwelling units or structures in proximity to the roadway or accessway.
Bo
Co
DEVELOPMENT STANDARDS FOR RECREATIONAL STRUCTURES
Setbacks for all structures except clubhouse:
1. Front Yard: 15 feet
2. Side Yard: 10 feet
3. Rear Yard: 15 feet
Maximum Height:
Minimum Distance
Between Structures
35 feet
10 feet
3-3
TABLE H
DEVELOPMENT STANDARDS FOR ALL RESIDENTIAL AREAS
Single Family Single Family Duplex Single Family Attached Multi-Family
Detached Zero Lot Line Two Family and Townhouse Dwemngs
Standard
Category 1 2 3 4 5
Minimum Lot Area 7,000 SF 5,000 SF 3,500 SF *2 3,000 SF *2 1 AC
Minimum Lot Width *3 70 50 35 30 150
Front Yard 20 20 *1 20 20 25
Front Yard for Side 10 10 10 10 15
Entry Garage
Side Yard 7.5 *4 0 or 7.5 0 or .5 BH 0.5 BH
Rear Yard Principal 20 20 20 20 BH
Rear Yard Accessory 10 10 10 10 15
Maximum Building 35 35 35 35 35
Height
Distance l~tween 15 10 0 or 15 .5 SBH .5 SBH
Principal Structures
Floor Area Min. 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF
BH: Building Height: Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished
ceiling elevation of the structure.
SBH: Sum or BuiM!ug Height: Combined height of two adjacent buildings for the imrp(Mses or determining setback requiremeuts.
Afl distances ate in feet unless otherwise noted.
Minimum lot areas for any unit type may be exceeded. Tbe unit type, and not the mjb!mum lot are~ shall define the development standards to be applied by
the Customer Services Department during an appiicotfon for a building permit. For all zero lot ilne units, a conceptual exhibit showing typical bufldloo.
coaflgurotions shall be submitted to the Customer Services Department with the appflcathm for the first b~ln.w I~Willit. 'r~ ~ d. whibit my be
Wafts and similar stnictuces shad have a stqbark of'five (S) feet along the devdopment's boundaries ·ions public right-or-way amd · setback of'two (2) bet
· lens otbe' perimeter tract buudary whore not abuuins internal devdopmeut ·acts and a m-~-um helot or 12 feet as meam,~ frmn the lowest
centedine grade or·be nearest public or private ri~bt-of, way or easement.
*1 - Sang. bully lots located m am intersecfloa or 90 degree turn my reduce the mbr. k at Ihe ~ to IS' at SO' lot's only.
*2 - F. uch balror · duidex unit requires a tot arm dim or 3,S00 SF rm- · total .h,mum lot aru orT~0O SF; 3,000 square bet lot arm alkcttiou per
dwdlblg unit for ~ f~nlly attached ~ tOWilbOU~ dwpl!ln~_ IIIdta.
'3 - Mhimnm ia· width may be reduced by 20qb for coi*de.41c Iota provJcled mia·mum 1or area requirement is still maintained.
,.4- Zero feet (0') ur a mi, imam of live feet (S*) ou eitheF side except ttmt whero the zero bet (0~) yard op~om Is utilized. Ibe
opposite side of rite strnlcturo shall have t ten foot (10') yard. Zero feet (0') yards may be used am dflHr lide of I stTuc~re
.. provided that ~be opposite ten foot (10~) yard is provided.
The Front yard om a lot with two frontages shall be determined by the location of the driveway. The remaining lot lines shall
be identified as defined by the Land Development Code for side and rear lot lines.
3-4
SECTION IV
DEVELOPMENT COMMITMENTS
4.1
4.2
4.3
4.4
PURPOSE
The purpose of this Section is to set forth the development commitments for the development of the
project.
GENERAL
All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision
Plans and all applicable State and local laws, codes and regulations applicable to this PUD.
Except where specifically noted or stated otherwise, the standards and specifications of the Land
Development Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be
platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in
this document.
The developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as
adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property.
In addition, any successor or assignee in title is bound by the commitments within this agreement.
PUD MASTER PLAN
Ao
Exhibit "A", PUD Master Plan, iljustrates the proposed development and is conceptual in nature.
Proposed tract or special land use boundaries shall not be construed to be final and may be varied
at any subsequent approval phase such as at final platting or site development plan application,
subject to the provisions of the Land Development Code and amendments as may be made from
time to time.
Bo
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.
MONITORING REPORT AND SUNSET PROVISIONS
The Indigo Lakes PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6
of the Collier County Land Development Code.
4-1
4.5
TRANSPORTATION
The development of the PUD Master Plan shall be subject to and governed by the
following conditions:
A. Arterial level lighting shall be provided at the PUD's access point to public
right-of- way concurrent with the development of the entry road.
The Developer shall provide right turn and left turn lanes at the project's proposed
access from CR 951 concurrent with the development of the entry road. The
Developer shall bear the cost of these improvements which are not subject to
impact fee credits.
Under the present two-lane condition of CR-951, the project may enjoy
unconstrained access to and from the north and south.
Under any future four-lane or six-lane condition of CR-951, there may or may not
be a median opening to serve the project. Nothing in any development order shall
vest the project with any right of access over and above a right-in/right-out
condition. Neither shall the existence or lack of a future median opening be the
basis for any future cause of action for damages against the County by the project
developer, its successor in title or assigns.
When requested by the County, and subject to the approval of the a Developer's
Contribution Agreement for road impact fee credits for the fair market value of
the dedication, pursuant to Ordinance 92-22, as amended, the developer shall
dedicate up to sixty (60) feet of right-of-way along CR 951 for future roadway,
bike path and drainage improvements. Such dedication shall not be deducted
from the PUD property for purposes for determining yards, lot area or lot
dimensions. This dedication shall occur within one hundred and twenty (I 20)
days of the County's request.
Substantial competent evidence shall be provided by the developer to the effect
that the project is designed to provide pass through transmission of historical
roadway runoff. In addition, site drainage shall not be permitted to discharge
directly into any roadway drainage system not specifically designed for such
discharge.
4.6
SIGNAGE
Project identification signage for the residential component of this PUD may be
developed at all project entrances in addition to other signage. All signage shall be
subject to the provisions of Division 2.5 of the Land Development Code.
4-2
4.7
4.8
SITE LIGHTING
Lighting facilities shall be arranged in a manner which will protect roadways and
neighborhood residential properties from direct glare or other interference.
ENVIRONMENTAL
Petitioner shall provide twenty-five percent (25%) retained native vegetation as required
by Section 3.9.5.5 of the Land Development Code. The location of the retained
vegetation shall be identified as a part of the submittal for Preliminary Subdivision Plat
(PSP) or Site Development Plan (SDP), whichever is earlier, for any portion of the
subject property. Retained vegetation shall be preserved in its entirety with all trees,
understory and ground cover left intact and undisturbed, expect for prohibited exotic
species removal.
Environmental permitting shall be in accordance with the state of Florida Environmental
Resource Permit Rules and be subject to review and approval by Current Planning
Environmental Staff. Removal of exotic vegetation shall not be counted towards
mitigation for impacts to Collier County jurisdictional wetlands.
All conservation areas shall be recorded on the plat with protective covenants per or
similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated
on the plat to the project's homeowners' association or like entity for ownership and
maintenance responsibilities and to Collier County with no responsibility for
maintenance.
Buffers shall be provided around wetlands, extending at least fifteen (15') feet landward
from the edge of the wetland preserve in all places and averaging twenty-five (25') feet
from the landward edge of wetlands. Where natural buffers are not possible, structural
buffers shall be provided in accordance with the state of Florida Environmental Resource
Permit Rules and be subject to review and approval by Current Planning Environmental
Staff.
An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site,
with emphasis on the conservation/preservation areas, shall be submitted to Current
Planning Environmental Staff for review and approval prior to final site plan/construction
approval.
4-3
4.9
4.10
4.11
4.12
WATER MANAGEMENT AND DRAINAGE OUTFALL FOR ABUTTING PROPERTIES
The project is within the limits of the Harvey Drainage Basin Study, and, as such, will conform to
the requirements set forth by the County Water Management Director for easements and discharge
rates. Petitioner shall provide an outfall along or through portions of the project. Upon the request
of the Collier County Watermanagement Maintenance Department Director, the petitioner shall
provide all required drainage easements along portions of the project.
The stormwater management system shall be designed in accordance with the Harvey Basin
Stormwater Management Plan as is currently being revised as relates to Indigo Lakes accepting off
site stormwater discharges from abutting developments to the north and east and passing said
stormwater flows through the Indigo Lakes internal stormwater management system discharging
via a control structure into the adjacent Heritage Green Ditch located along the west side of Indigo
Lakes.
A water management / drainage easement approximately thirty (30) feet wide (east - west
direction) and seven hundred (700) feet long (north - south direction) to be located immediately
south of Laurelwood PUD, and west of the Oak Ridge Middle School property shall be dedicated
by the property owners of record within in sixty (60) days after the approval of this PUD.
The westerly twenty-two and a half (22.5) feet of the above noted easement shall be temporary
until such a time as the final water management design and discharge / outfall is designed,
permitted, constructed and accepted by all concerned agencies.
The northern one hundred fifty (150) feet of the above noted thirty (30) foot easement is temporary
and will be vacated at the time of final plat approval.
POLLING PLACES
This PUD is subject to the provisions in Section 2.6.30 of the LDC.
UTILrrms
All required utility services are available for this project.
Water and Wastewater Disposal: These utility services are to provided by Collier County Utilities.
The Project is proposed to connect to an existing 24" water main on the west side of CR-951 and
to a proposed 8" force main on the east side.
Elec~c Power; This utility service is to be provided by Florida Power and Light Company. The
Project is proposed to connect to an existing aerial feeder along the westerly boundary of the
Project adjacent to the existing Harvey Basin ditch.
Telephone; This utility service is to be provided by UTS/Sprint. The Project is proposed to be
connected to existing facilities within the CR-951 right, of-way.
pEDESTRIAN SCHOOL ACCESS
Subject to the approval of specific construction details by Collier County Public Schools, the
proposed project improvements will include the construction of a 6' wide sidewalk and gate to
connect the campus of Oak Ridge Middle School to the Project's pedestrian circulation system at
the approximate location shown by the PUD Master Plan Exhibit. The construction of these
improvements will take place as part of the first development phase of the Project.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
certify that the foregoing is a true copy of:
ORDINANCE NO. 99-71
Which was adopted by the Board of County Commissi~,rs~n
_~D ..
the 26th day of October, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th day of
October, 1999.
DWIGHT E. BROCK "
Clerk of Courts and
Ex-officio to Board
County Commissioners
'. '" -:.. '~,..-3:',,-"'
By: Ellie Hoffman,
Deputy Clerk