Backup Documents 02/25/2014 Item # 9A i
9 A .„,
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday,
Friday,January 31,2014,and furnish proof of publication to the attention of Kay Deselem,Principal
Planner in the Planning & Zoning Department, Zoning Services, 2800 North Horseshoe Drive,
Naples,Florida 34104.
*******************************************************************************************************
Originating Dept/Div: GMD/Plannine&Zoning Person:Kay Desekm,Principal Planner Date: January 29,2014
Petition No.PUDA-PL20120002855: WINDING CYPRESS
Petitioner: DiVosta Homes,LP;do Chris Hasty;24311 Walden Center Dr Ste 300;Bonita Springs,FL 34134
Name& Address of any persons)to be notified by Clerk's Office: Anita Jenkins AICP; J.R. Evans Engineering, P.A.;
23150 Fashion Drive, Ste 24; Estero,FL 33928 and Richard D. Yovanovich, Esquire; Coleman,Yovanovich &
Koester,P.A.; Northern Trust Bank Building;4001 Tamiami Trail North,Suite 300;Naples,FL 34103
Bearing before: X BCC B/A Other
Requested Ifearing date:Tuesday,February 25,2014.. Based on advertisement appearing 20 days before hearing.
Newspaper(s)to be used: Naples Daily News
Proposed Text: See Attached
Companion petition(s),if any&proposed hearing date: N/A
Does Petition Fee include advertising cost? X Yes. No. if Yes, what account should be charged for advertising costs:
Department: Planning & Zoning Dept., Zoning Services; Fund & Cost Center: 131-138326-649100-00000;
Purchase Order Number: 4500146769;Account Number:068779
Reviewed by:
Division Administrator or Designee Date
List.Attachments: Ordinance
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for
same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: Requesting Division Original Clerk's Office
Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for tile.
FOR CLERK'S OFFIC 'USE ONLY:
Date Received: I (It Date of Public Hearing: 2.� - '
"LO C Date Advertised: 5 I
Revised 1/27/14
9A '
ORDINANCE NO. 14-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 02-35, AS AMENDED, THE
WINDING CYPRESS PLANNED UNIT DEVELOPMENT (PUD), BY
INCREASING THE NUMBER OF RESIDENTIAL DWELLING
UNITS FROM 2,300 TO 2,854; BY INCREASING THE
RESIDENTIAL DEVELOPMENT AREA BY 44 ACRES TO 492
ACRES; BY INCREASING THE VILLAGE CENTER ACREAGE BY
2 ACRES FOR A TOTAL OF 17 ACRES; BY INCREASING THE
GROSS FLOOR AREA OF THE VILLAGE CENTER DISTRICT BY
20,000 SQUARE FEET FOR A TOTAL OF 50,000 SQUARE FEET;
BY INCREASING THE ACREAGE OF LAKES FROM 235 ACRES
TO 272 ACRES; BY REMOVING THE 164 ACRES OF GOLF AREA
AND ELIMINATING THE 18-HOLE GOLF COURSE; BY
INCREASING THE PRESERVE AREA BY 44 ACRES TO 840
ACRES; BY INCREASING BUFFERS, WATERWAYS, CANAL
AND FP&L EASEMENTS FROM 180 ACRES TO 219 ACRES;
PROVIDING FOR ADDITION OF WINDING CYPRESS MASTER
PLAN, TRACT 13 TO EXHIBIT A; PROVIDING FOR ADDITION
OF EXHIBIT C, BICYCLE AND PEDESTRIAN MASTER PLAN;
PROVIDING FOR LIST OF DEVIATIONS; AND PROVIDING AN
EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT
THE NORTHEAST QUADRANT OF THE INTERSECTION OF
TAMIAMI TRAIL EAST (US 41) AND COLLIER BOULEVARD
(CR-951) IN SECTIONS 26, 34 AND 35, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, AND SECTIONS 2 AND 3, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
CONSISTING OF 1,928 ACRES. [PUDA-PL20120002855]
WHEREAS. Developer, DiVosta Homes, LP, represented by Anita Jenkins, AICP of
J.R. Evans Engineering, P.A. and Richard Yovanovich, Esquire of Coleman, Yovanovich &
Koester, P.A. petitioned the Board of County Commissioners to amend the PUD.
NOW, THEREFORE, BE IT ORDAINED BY TIIE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to PUD Document.
The PUD Document attached as Exhibit -A" to Ordinance No. 02-35, as amended, is
hereby amended and replaced with the PUD Document attached hereto as Exhibit "A" and
incorporated herein.
Winding Cypress PUD Page 1 of 2
PUDA-P1,20120002855-- Rev. 1/27/14
9
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida,this day of , 2014,
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk TOM HENNING, Chairman
Approved as to form and legality:
■-k
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A - PUD Document
mi3-CPS-01228\30
Winding Cypress PUI) Page 2 of 2
PUDA-PL20120002855—Rev. 1127/14
WINDING CYPRESS
A
PLANNED UNIT DEVELOPMENT
Approximately 1,928±Acres
Sections 26, 34, and 35
Township 50 South, Range 26 East
and Sections 2 and 3
Township 51 South, Range 26 East
Collier County, Florida
PREPARED FOR:
SaFfen-Collier-Genvany;Ltd. DiVosta Homes, LP
2600-Galden-Gate-Pafkway 24311 Walden Center Drive, Suite 300
Suite-200 Napieer-FL-341-06,Bonita Springs, FL 34314
PREPARED BY:
iNilseciMillef7-4+4a,J.R. Evans Engineering, P.A.
3200-Bailey-Lai leT-Suite-200 23150 Fashion Drive. Ste. 242
NaplesT-ReFida-34406 Estero, Florida 33928
and
-- , - - • Coleman Yovanovich & Koester, P.A.
.- 9 -f! '001 Tamiami Trail North. Suite 300
Naples, FL 34108 Naples, Florida 34103
DATE FILED 9/2/99
DATE APPROVED BY CCPC 12/2/99
DATE APPROVED BY BCC 12/14/99
ORDINANCE NUMBER 99-93
DATE AMENDMENT FILED 3/18/02
DATE APPROVED BY CCPC 6/10/02
DATE APPROVED BY BCC 6/25/02
ORDINANCE NUMBER 02-35
SCRIVENER'S ERROR CORRECTED 10/8/02
ORDINANCE NUMBER 02-48
DATE APPROVED BY BCC 11/5/09
ORDINANCE NUMBER 09-61
DATE AMENDMENT FILED 5/10/2013
PUDA-P120120002855 Mnding Cypress PUD Amendment 1/27/14 Page 1 of 46
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TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE ii
SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP,
AND GENERAL DESCRIPTION 1-1
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III RESIDENTIAL DISTRICT(TRACT A AND TRACT B) 3-1
SECTION IV VILLAGE CENTER DISTRICT 4-1
SECTION V _e - - : -e -e _ * . RECREATIONAL DISTRICTS 5-1
SECTION VI PRESERVE DISTRICT 6-1
SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7-1
EXHIBIT A WINDING CYPRESS MASTER PLAN (Ordinance 02-35)and
WINDING CYPRESS MASTER PLAN, TRACT B
EXHIBIT B LEGAL DESCRIPTION
EXHIBIT C BICYCLE AND PEDESTRIAN MASTER PLAN
EXHIBIT D MAP SHOWNING AMENDMENT AREA PER ORD. 09-61
EXHIBIT E TYPICAL PATIO OR ZERO LOT LINE SETBACK DETAIL PER ORD 09-61
EXHBIT F LIST OF DEVIATIONS
PUDA-PL20120002855 Winding Cypress POD Amendment 1/27/14 Page 2 of 46
A
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of Barron Collier Company, Ltd., its
successors and assigns (the Developer), to create a Planned Unit Development(PUD)on 1,928±
acres of land located in Sections 26, 34, and 35, Township 50 South, Range 26 East, and
Sections 2 and 3 Township 51 South, Range 26 East, Collier County, Florida. The name of this
Planned Unit Development shall be Winding Cypress. The development of Winding Cypress will
be in compliance with the planning goals and objectives of Collier County as set forth in the
Growth Management Plan. The development will be consistent with the growth policies and land
development regulations adopted there under of the Growth Management Plan Future Land Use
Element and other applicable regulations for the following reasons:
1. The subject property is within the Urban Residential Fringe Subdistrict as identified on the
Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE).
The purpose of the Urban Residential Fringe Subdistrict is to provide transitional density of 1.5
dwelling units per acres, between permitted higher density areas to the west (four units per
acre base density)and the agricultural/rural areas to the east(one unit per five acres).
2. The Growth Management Plan qualifies the subject property for a maximum density of 1.5
units per acre, and the Project is planned for a maximum density of 1.2 1.4 units per acre,
subject to the condition that the proposed development shall be fully responsible for all
necessary water management improvements, including the routing of all on-site and
appropriate off-site water through the project's water management system, and a fair share
cost of necessary improvements to the CR 951 canal out-fall system made necessary by new
development in the area.
3. The commercial uses within the Village Center District are consistent with the PUD
Neighborhood Village Center Subdistrict of the FLUE.
4. Winding Cypress is compatible with and complementary to existing and future surrounding
land uses as required in Policy 5.4 of the FLUE.
5. Improvements are planned to be in compliance with applicable land development regulations
as set forth in Objective 3 of the FLUE.
6. The development of Winding Cypress will result in an efficient and economical extension of
community facilities and services as required in Policies 3.1.H and L of the FLUE.
7. Winding Cypress is a large scale functionally interrelated community, and is planned to
encourage ingenuity, innovation and imagination as set forth in the Collier County Land
Development Code(LDC) Planned Unit Development District.
SHORT TITLE
This Ordinance shall be known and cited as the'WINDING CYPRESS PLANNED UNIT
DEVELOPMENT ORDINANCE."
PUDA-PL20120002855 Vthnding Cypress PUD Amendment 1/27/14 Page 3 of 46
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SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of Winding
Cypress, and to describe the existing conditions of the property proposed to be developed.
1.2 LEGAL DESCRIPTION
The legal description of the Winding Cypress Planned Unit Development property is
attached hereto and incorporated by reference herein as Exhibit"B."
1.3 PROPERTY OWNERSHIP
The subject property is currently under the equitable ownership of Barron Collier
Company, Ltd., a Florida General Limited Partnership; and Barron Collier Investments
Ltd., whose addresses areis 2600 Golden Gate Parkway, Suite 200, Naples, FL 34105;
DiVosta Homes, LP, whose address is 24311 Walden Center Drive, Suite 300, Bonita
Springs, FL 34134, and individual property owners within the DiVosta VeronaWalk
Community. Detailed ownership information is provided on the Winding Cypress PUD
Amendment Application.
1.4 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Sections 26, 34, and 35, Township 50 South, Range
26 East, and Sections 2 and 3 Township 51 South, Range 26 East, and is
generally bordered on the west by the C.R. 951 canal, the Florida Water Services
borrow pit lakes, C.R. 951, and Lely, A Resort Community PUD; on the north by
Sabal Palm Road, a plant nursery, and single family residences; on the east by
Agriculturally zoned and unplatted property, the Picayune State Forest, and Naples
Reserve Golf Club PUD; and on the south, the U.S. 41 canal, U.S. 41,
agriculturally zoned property, Greystone Trailer Park, San Marco Catholic Mission,
and a small convenience commercial store. The location of the site is shown on
Map A of the Winding Cypress Application for Development Approval.
B. The zoning classification of the subject property at the time of the original PUD
application was"A"(Rural Agricultural).
C. Elevations within the site are approximately 12.0 feet NGVD and a minimum
elevation of approximately 4.0 feet NGVD. The site is located in Zone X for the
northern half of the project and AE-7 for the southern half of the project (FEMA
FIRM Map Panels No. 120067-061D and 120067-0620D, dated June 3, 1986).
Topographic mapping is shown on Map C of the Winding Cypress Application for
Development Approval.
D. Previous and existing activities on site are primarily related to agriculture and
hunting. The site has been, and is currently used, for cattle grazing and has active
hunting leases in place.
PUDA-PL20120002855 Winding Cypress PUD Amendment 1/27/14 Page 4 of 46
t A
E. The soil types on the site generally include Holopaw fine sand, Malabar fine sand,
Oldsmar fine sand limestone substratum, Pineda fine sand limestone substratum,
and Boca fine sand. Soil Conservation Service mapping of soil types is shown on
Map E of the Winding Cypress Application for Development Approval.
F. Prior to development, vegetation on site primarily consists of upland, wetland, and
exotic species. Detailed vegetation mapping is shown on Map F of the Winding
Cypress Application for Development Approval.
G. The project site is located within the Henderson Creek sub-basin, as depicted
within the Collier County Drainage Atlas (May, 1996). The Stormwater
Management Master Plan is shown on Map I of the Winding Cypress Application
for Development Approval.
1.6 DEVELOPMENT OF REGIONAL IMPACT
Due to its scope, Winding Cypress has been reviewed and approved by Collier County
pursuant to Section 380.06, Florida Statutes, as a Development of Regional Impact(DRI).
1.6 DENSITY
Winding Cypress is to be developed on 1,928± acres in southeastern Collier County. The
number of dwelling units proposed to be constructed is 27399 2.854 units. The gross
project density,therefore, will be a maximum of 4 1.4 units per acre.
PUDA-PL20120002855 Winding Cypress PUD Amendment 1/27/14 Page 5 of 46
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for Winding
Cypress, and to identify relationships to applicable County ordinances, policies, and
procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. Winding Cypress, a master planned community, will include a range of single
family and multi-family housing and recreation gelfreleted amenities, along with a
Village Center, which will provide many services and facilities that support its
residents, including, but not limited to club facilities, community meeting rooms,
small scale neighborhood commercial goods and services, and a recreation
center.
B. The Master Plan is illustrated graphically on Exhibit "A"
0506-22). A Land Use Summary indicating approximate land use acreages is
shown on the plan. The location, size, and configuration of individual tracts shall
be determined at the time of _ - - ... ... _ _
•- - - - Plat approval, in accordance with Section- 4,74,
e€-the LDC.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of Winding Cypress shall be in accordance with the
contents of this PUD Ordinance, and to the extent they are not inconsistent with
this PUD Ordinance, applicable sections of the LDC and Collier County Growth
Management Plan which are in effect at the time of issuance of any development
order, to which said regulations relate which authorizes the construction of
improvements, such as but not limited to, Final Subdivision Plat, Final Site
Development Plan, Excavation Permit and Preliminary Work Authorization, Where
this PUD Ordinance does not provide developmental standards, then the
provisions of the specific section of the LDC, that is otherwise applicable, shall
apply.
B. Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the LDC in
effect at the time of development order application.
C. Development permitted by the approval of this PUD will be subject to Divisie4n-3,16,
Chanter 6.02.00 Adequate Public Facilities Code of the Collier County Land
Development Code.
D. Unless modified, waived or excepted by this PUD or by subsequent request, the
provisions of other applicable sections of the Land Development Code remain in
effect with respect to the development of the land which comprises this PUD.
PUDA•PL20120002855 Wrnding Cypress PUD Amendment 1/27/14 Page 6 of 46
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E. All conditions imposed herein are part of the regulations which govern the manner
in which the land may be developed.
F. DivisieSobdivisions Chapter 10.02.04, Requirements For Plats, of the LDC
shall apply to Winding Cypress, except where an exemption is set forth herein, or
otherwise granted pursuant to LDC Section-372:4
G. Divisien-3:-3Chapter 10.02.03., Site Development Plans, of the LDC shall apply to
Winding Cypress, except where an exemption is set forth herein or otherwise
granted pursuant to LDC Section-3.3.4
2.4 COMMUNITY DEVELOPMENT DISTRICT
A. The Developer may elect to petition to establish a Community Development District
(CDD) to provide and maintain infrastructure and community facilities needed to
serve the Project. The CDD will constitute a timely, efficient, effective, responsive
and economic way to ensure the provision of facilities and infrastructure for the
proposed Development. Such infrastructure, as will be constructed, managed and
financed by such a CDD, shall be subject to, and shall not be inconsistent with, the
Collier County Growth Management Plan and all applicable ordinances dealing
with planning and permitting of Winding Cypress.
B. The land area is amenable to infrastructure provision by a district that has the
powers set forth in the charter of a Community Development District under Section
190.006 through 190.041, Florida Statutes. Such a district is a legitimate
alternative available both to the County and to the landowner for the timely and
sustained provision of quality infrastructure under the terms and conditions of
County development approval.
C. The area of land which will be within a CDD is of sufficient size, is sufficiently
compact and is sufficiently contiguous to be developed as one functional inter-
related community, and is amenable to separate special district government.
Establishment of a CDD is not inconsistent with the Collier County Growth
Management Plan. There will not be any incompatibility between systems,
facilities and services that may be provided by a CDD and similar systems,
facilities and services which may, as of the time of Planned Unit Development
zoning approval, be provided by a local or regional governmental entity(both as to
capacity and use). A CDD is a legitimate alternative method available for use by
private and public sectors under state law to manage and finance basic systems,
facilities and services for community development. Any developer obligation in the
development order or Planned Unit Development zoning documents may be
undertaken alternatively by a CDD if related to the special powers of the CDD.
PUDA-P120120002855 Winding Cypress PUD Amendment 1/27/14 Page 7 of 46
_9A
2.5 ROADWAYS
Standards for roads shall be in compliance with the applicable provisions of the LDC
regulating subdivisions, unless otherwise modified, waived or excepted by this PUD-ec•
. The Developer reserves the right
to request substitutions to Code design standards in accordance with Section
72472Chapter 10.02.04. of the LDC. The Developer retains the right to establish gates,
guardhouses, other access controls, signs and monuments (per Section 2.18 of this
document) as may be deemed appropriate by the Developer on all privately owned and
maintained project roadways. Tract A and Tract B shall be served by separate main
entrances, security and access control structures, such as gate houses and control gates,
A. Roadways within Winding Cypress shall be designed and constructed in
accordance with Chapter 6.06.01. of the LDC with the following
substitutions:
1. LDC hapter 6.06.01.0, - Street right-of-way width:
The minimum right-of-way width to be utilized for a local street within
Winding Cypress shall be forty(40)feet.
2. LDC .Chapter 6.06.01. - Intersection radii: Street
intersections shall be provided with a minimum of a twenty (20)foot radius
(face of curb) for all internal project streets and a thirty-five(35)foot radius
for intersections at project entrances. Fire access lanes shall comply with
applicable federal, state and/or local codes in effect at the time of final site
development plan approval.
3. LDC .Chapter 6.06.01. - Reverse Curves: Tangents
shall not be required between reverse curves on any project streets.
4. LDC Chapter 6.06.01.- Maximum cul-de-sac length
shall be 2,700 feet. When islands are to be installed within a cul-de-sac, an
inside edge of pavement with a radius of no greater than twenty (20) feet
shall be required. Cul-de-sacs shall comply with applicable federal, state
and/or local codes in effect at the time of final site development plan
approval.
B. It is the intent of the developer to create a safe, convenient and attractive
pedestrian circulation system throughout Winding Cypress. To enable the design
of this system to respond to site specific conditions such as the retention of native
vegetation and master plan features, and to avoid the construction of sidewalks
which serve no function, flexibility is needed beyond that provided by the LDC.
Therefore, sidewalks and bike paths shall conform with Exhbit C, The Bicycle and
Pedestrian Master Plan.
fellows
8.
PUDA-P120120002855 Winding Cypress PUD Amendment 1t27/14 Page 8 of 46
rrrr�r
9 A _ .
•
(2) unite-pef-acre-
2.6 LAKE SETBACK AND EXCAVATION
A. An excavation permit will be required for the proposed lakes in accordance with
Dwicien-3,6 Chapter 3.05.10 of the LDC and SFWMD Rules and Ordinance no.
04-55. The minimum lake setbacks from lakes to roadways shall be 20 feet from
the back of the curb to the edge of water. The minimum lake setback from lakes
to the Project boundary shall be 20 feet to the edge of the water.
B. Upon receipt of a development excavation permit, all lakes greater than one (1)
acre may be excavated to the maximum commercial excavation depths set forth
in Section 3.5.7.3.1Chapter 3,05.10. of the LDC, and Ordinance 04-55; however,
removal of offsite fill and rock from Winding Cypress shall be administratively
permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum),
unless a commercial excavation permit is issued.
C. Commercial excavation and offsite hauling of up to 500,000 cubic yards of rock
and fill materials shall be a permitted use within this PUD subject to the receipt of a
commercial excavation permit which shall be administratively processed by the
Planning Services Director.
2.7 USE OF RIGHTS-OF-WAY
Utilization of lands within all internal project rights-of-way for landscaping, decorative
entrance ways, and signage shall be allowed subject to review and administrative approval
by the Developer and the designated Collier County staff for
PUDA-PL20120002855 Winding Cypress PUD Amendment 1/27/14 Page 9 of 46
9
engineering and safety considerations during the development review process and prior to
any installations.
2.8 MODEL HOMES/SALES CENTERS/CONSTRUCTION OFFICES
Model homes, sales centers, sales offices, construction offices, and other uses and
structures related to the promotion and sale of real estate including, but not limited to,
pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted
principal uses throughout Winding Cypress. These uses may be either wet or dry
facilities. These uses shall be subject to the requirements of
.3444,6 the LDC,with the exception that six(6)wet or dry models for each of Tract A and
Tract B (total of twelve (12) models) shall be allowed within the project's sales center
areas, and the temporary use permit shall be valid through the buildout of the project with
no extension of the temporary use required, These uses may use septic tanks or holding
tanks for waste disposal subject to permitting under F.A.C. 64E-6, and may use potable or
irrigation wells. Offices located in permanent structures shall be required to connect to the
central utility system at the time it becomes available.
2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as
provided in Section ,3.6 the LDC. Minor changes and refinements as described herein
may be made by the Developer in connection with any type of development or permit
application required by the LDC.
The designated Collier County. staff* .• . :. • •. _ : shall be authorized to
approve minor changes and refinements to the Winding Cypress Master Plan upon written
request of the Developer.
A. The following limitations shall apply to such requests:
1. The minor change or refinement shall be consistent with the Collier County
Growth Management Plan and the Winding Cypress PUD document.
2. The minor change or refinement shall not constitute a substantial change
pursuant to Section 2.7.3.64 the LDC.
3. The minor change or refinement shall be compatible with adjacent land
uses and shall not create detrimental impacts to abutting land uses, water
management facilities, and conservation areas within or external to the
PUD.
B. The following shall be deemed minor changes or refinements:
1. Reconfiguration of lakes, ponds, canals, or other water management
facilities, where such changes are consistent with the criteria of the South
Florida Water Management District and Collier County.
2. Internal realignment of rights-of-ways, other than a relocation of access
points to the PUD itself, where water management facilities preservation
PUDA-PL20120002855 Wording Cypress PUD Amendment 1/27/14 Page 10 of 46
,
9 4 .
areas, or required easements are not adversely affected or otherwise
provided for.
3. Reconfiguration of parcels aed-golf course where preservation areas are
not adversely affected.
4. Changes due to SFWMD, U.S. Army Corps of Engineers, or other
environmental permitting agencies.
C. Minor changes and refinements as described above shall be reviewed by
designated Collier County Staff to ensure that said changes and refinements are
otherwise in compliance with all applicable County Ordinances and regulations
prior to -_ - -;-- --- -__ e' -- : '-administrative consideration for approval.
D. Approval by the designated Collier County staff of a
minor change or refinement may occur independently from and prior to any
application for Subdivision or Site Development Plan approval; however, such
approval shall not constitute an authorization for development or implementation of
the minor change or refinement without first obtaining all other necessary County
permits and approvals.
2.10 COMMON AREA MAINTENANCE
Most common area maintenance will be provided by a CDD or a property owners'
association, or a governmental agency. A COD is a legitimate alternative for the timely
and sustained provision of quality common area infrastructure and maintenance under the
terms and conditions of a County development approval. For those areas not maintained
by a COD, the Developer shall create a property owners' association or associations,
whose functions shall include provision for the perpetual maintenance of common facilities
and open spaces. A CDD or the property owners' association, as applicable, shall be
responsible for the operation, maintenance, and management of the surface water
management systems and preserves serving Winding Cypress, in accordance with the
provisions of Collier County Ordinance No. 90-48 and Resolution No. 90-292, together
with any applicable permits from the South Florida Water Management District.
2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Winding Cypress. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms 3:1
2. Ground covered berms 2:1
3. Rip-Rap berms 1:1 with geotextile mat
4. Structural walled and stacked rock berms-vertical
B. Fence or wall maximum height: Ten feet(10'), as measured from the finished floor
elevation of the nearest residential structure within the development. If a fence or
wall is constructed on a landscaped berm which includes materials to minimize the
PUDA-PL20120002a55 Winding Cypress PUD Amendment 1127114 Page 11 of 46
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visual impact of the wall, the wall height shall be measured from the top of berm
elevation and shall not exceed eight feet(8')in height.
C. Upon submission of a typical cross-section, aerial, plan view, landscape plan and
vegetation removal permit application, designated Collier County staffthe-PleRning
ay approve landscape buffers, berms, fences and walls to be
constructed along the perimeter of the Winding Cypress PUD boundary prior to
-• -- - --: site development plan submittal. Subsequent to
construction, all such areas must be included in an easement or tract on final plats,
or identified in a separate recorded instrument.
D. Fences or walls may be placed zero feet (0') from internal rights-of-way, provided
that shrubs are provided in the rights-of-way, pursuant to Section 2.7 of this PUD
Document, and may be located five feet (5') from project perimeter, and two feet
(2')from a preserve area.
E. Fences and walls which are an integral part of security and access control
structures, such as gate houses and control gates, shall be subject to the height
limitations for principal residential structures. In the case of access control
structures within rights-of-way adjoining two or more different districts, the more
restrictive height standard shall apply.
F. Pedestrian sidewalks and/or bike paths, water management systems, drainage
structures, signs and utilities are permitted in landscape buffers/easements.
G. Landscape berms located within the Winding Cypress PUD boundary and
contiguous to a property line and/or right-of-way line may be constructed such that
the toe of slope is located on the property line or within a right-of-way when
approved by the applicable owner or agency.
H. Internal recreational and community facilities do not require perimeter buffers.
2.12 CLEARING AND FILL STORAGE
Fill storage is generally permitted as a principal use throughout Winding Cypress. Fill
material may be transported and stockpiled within areas which have been disturbed
(farmed) or are shown as development areas on a Subdivision
Plat. Prior to stockpiling in these locations, the Developer shall provide written notification
notification to the designated Collier County staff. mast-S;
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fecord.
The following standards shall apply for all stockpiling on-site:
A. Stockpile maximum height: forty-five feet(45')
B. Stockpile maximum slide slopes: 2:1
C. Stockpiles areas in excess of ten feet(10') in height shall be separated from
developed areas by fencing,excavated water bodies or other physical barriers if
the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1).
D. Soil erosion control shall be provided in accordance with LDC, Division 3.7.
E. This section(Section 2.12)substitutes for the LDC sestien-3:24:a-6(b)Chapter
4.06.04.
2442.13 AGRICULTURAL ACTIVITIES
The site is currently undeveloped or used for cattle grazing purposes, and associated and
accessory uses thereto. These existing agricultural uses shall be permitted to continue
throughout the project site and will be phased out as development occurs within individual
parcels.
2442.14 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Winding Cypress
PUD except in the Preserve Areas, unless specifically permitted in Section VI of this PUD
Document. General permitted uses are those uses which generally serve the residents of
Winding Cypress and are typically part of the common infrastructure or are considered
community facilities.
A. General Permitted Uses:
1. Essential services as set forth under LDC,Sectio 1:
2. Water management facilities and related structures.
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4.3. Lakes, including lakes with bulkheads or other architectural or structural
bank treatments.
5.4. Guardhouses, gatehouses, and access control structures.
6.5. Community and neighborhood parks,trails and recreational facilities.
7.6. Temporary construction, sales, and administrative offices for the Developer
and authorized contractors and consultants, including necessary access
ways, parking areas and related uses.
6.7. Landscape/hardscape features including, but not limited to, landscape
buffers, berms, fences, water features and walls subject to the standards
set forth in Section 2.11 of this PUD.
9.8. Fill storage, site filling and grading are subject to the standards set forth in
Section 2.12 of this PUD, except within Preserve areas.
40.9. Any other use which is comparable in nature with the foregoing uses, and
is approved through the process set forth in the Land Development Code at
the time of the request for such use
B. Development Standards:
Unless otherwise set forth in this document, the following development standards
shall apply to principal structures:
1. Guardhouses, gatehouses, signage and landscape features, and access
control structures shall have no required setback.
2. Setback from property lines:
Front: ten feet(10)
Side: five feet(5')
Rear: ten feet(10')
3. Minimum distance between structures which are part of an architecturally
unified grouping -five feet(5').
4. Minimum distance between unrelated structures-ten feet(10').
5. Maximum height of structures-thirty-five feet(35').
6. Minimum floor area - None required.
7. Minimum lot or parcel area-None required.
8. Sidewalks and bikepaths may occur within County required buffers,
however, the width of the required buffer shall be increased proportionately
to the width of the paved surface of the sidewalk, bikepath or cartpath.
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9. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within Winding Cypress development
standards, are to be in accordance with the LDC provision in effect at the
time this PUD is approved.
2462.15 OPEN SPACE REQUIREMENTS
The PUD Master Plan identifies approximately 840796 acres in the wetland/upland
preservation and enhancement areas which includes all agency-required buffers. In
addition, there are lakes, recreation, buffer and open spaces areas. These areas, in
conjunction with open space areas included within the Residential District, fully satisfy the
open space requirements of Section-i2Chapter 4.02.01 of the LDC for mixed use
development. All acreages identified on the master plan are conceptual, and the
Developer reserves the right to modify the land use boundaries, so long as the
requirements of Sestien--2. Chapter 4.02.01. of the LDC are met. This is not to be
construed to enable the reduction of any area which was specifically set aside in the
application for development approval for preservation, pursuant Chapter 380.06, Florida
Statutes.
24-72.16 NATIVE VEGETATION RETENTION REQUIREMENTS
The 840 ±wetland/upland preservation and enhancement areas on site fully satisfy the
requirements of Seetior3- -1Ghapter 3.05.04. through Chapter 3.05,07. of the Collier
County Land Development Code.
2482.17 SIGNAGE
A. GENERAL
1. All Collier County sign regulations in force at the time of approval shall
apply unless such regulations are in conflict with the conditions set forth
in this section, in which case the PUD Document shall govern.
2. For the purpose of this PUD Document, each platted parcel shall be
considered a separate parcel of land and shall be entitled to any sign as
permitted herein.
3. Should any of the signs be requested to be placed within a County
dedicated right-of-way, a right-of-way permit must be applied for and
approved, except for signage pertaining to and/or facilitating traffic
movements.
4. All signs shall be located so as not to cause sight line obstructions.
5. All internal project rights-of-way may be utilized for decorative landscaped
entrance features and signage, subject to review and approval from the
Planning Services Department for consistency with the requirements set
forth herein and applicable provisions of the LDC.
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6. Signs may be allowed in landscape buffers/easements.
7. Entrance and boundary markers may be placed prior to subdivision
approval, provided a building permit for the markers is obtained prior to
placement.
B. BOUNDARY MARKERS
1. One boundary marker or monument may be located at the northwest,
southwest, and southeast property corners. The boundary marker may
contain the name of the community, and the insignia or motto of the
Development.
2. The sign face area may not exceed 60 square feet and may not exceed
the height or length of the monument upon which it is located. If the sign
is two-sided, each sign face may not exceed 60 square feet in area.
3. Sign face area is calculated by total square footage of name, insignia,
and motto only.
4. The setback for the signs from C.R. 951 and U.S. 41 rights-of-way and
any perimeter property line shall be 5 feet.
5. Boundary marker signage shall be ground mounted and the sign
structure is limited to a maximum height of eight feet(8').
C. PROJECT ENTRANCE SIGNS
1. One ground or wall-mounted entrance sign may be located on both sides
of each entrance right-of-way and in the entry median. Such signs may
contain the name of the subdivision, and the insignia or motto of the
Development.
2. No sign face area may exceed 125 408 square feet and the total sign
face area of Entrance Signs may not exceed 300 200 square feet. The
square foot calculation does not include aesthetic appurtenances, such
as walls, wrought iron fence, and other decorative elements. If the sign is
a single, two-sided sign, each sign face may not extend beyond 125488
square feet in area. The sign face area shall not exceed the height or
length of the wall or monument upon which it is located.
3. The setback for the signs from C.R. 951 and U.S. 41 rights-of-way and
any perimeter property line shall be 5 feet.
4. Entrance sign script may not exceed a height of 15 feet and the total sign
shall not exceed a height of 20 feet above the lowest centerline grade of
the nearest public or private right-of-way or easement to the uppermost
part of the sign structure. For the purpose of this provision, finished
grade shall be considered to be no greater than the highest crown
elevation of the nearest road.
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D. INTERNAL SIGNS
1. Residential and community facilities entrance signs may be located on
both sides of the neighborhood entrance street and within the entry
median. Setbacks from internal road rights-of-way shall be no less than
5 feet. Such signs may be used to identify the location of neighborhoods,
club house, recreational areas and other features within Winding
Cypress. Individual signs may be a maximum of 64 square feet per sign
face area. Such sign script may have a maximum height of 8 feet. No
building permit is required.
2. Directional or identification signs may be allowed internal to the
subdivision. Such signs may be used to identify the location or direction
of approved uses such as sales centers, model centers, recreational
uses, information centers, or the individual components of the
development. Individual signs may be a maximum of 4 square feet per
side or signs maintaining a common architectural theme may be
combined to form a menu board with a maximum size of 24 square feet
per side and a maximum height of 8 feet.
3. Real estate signs with a maximum size of 4 square feet per side in
residential districts. Such signs may advertise "For Sale," "Sold To,"
and/or"Lot#." No building permit is required.
4. Special Event signs not exceeding 32 square feet per side in size may be
displayed to announce or advertise such temporary uses as open
houses, community fairs or programs or any charitable, educational
event. Such sign shall be located no closer than 15 feet to any property
line. No building permit is required.
5. Grand Opening signs: The developer may display an on-site grand
opening sign not exceeding 32 square feet on a side, and not exceeding
64 square feet total. The banner sign shall be anchored and may be
displayed on-site for a period not exceeding 14 days within the first three
months that the occupant is open for business.
E. TRAFFIC SIGNS
1. Traffic signs, such as street signs, stop signs, and speed limit signs, may
be designed to reflect a common architectural theme. The placement
and size of the signs shall be in accordance with FDOT criteria.
F. TEMPORARY SIGNS
1. Temporary signs may be permitted, and may consist of the following
types: project identification and directional (internal and external); real
estate and sales center identification (internal only).
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2. Each sign may not exceed 80 square feet in area. If the sign is two-
sided, each sign face may not exceed 80 square feet in area.
3. The setback for temporary signs from U.S. 41 and C.R. 951 rights-of-
way, and any perimeter property line shall be 10 feet.
4. Temporary signs may not exceed 15 feet in height above the lowest
centerline grade of the nearest public or private right-of-way or easement
to the uppermost part of the sign structure.
5. Temporary signs may remain in place simultaneously with permanent
signage until the project reaches 75% build-out.
6. Temporary signs may be permitted subject to the requirements outlined
above. The erection of any temporary sign shall require permitting as
established within sestien-2442Chapter 10.02.06. of the LDC.
G. CONSTRUCTION ENTRANCE SIGNS
1. One sign, with a maximum of 20 square feet in size, may be located at
each construction entrance, to identify the entrance as such. No building
permit is required.
2. Employment signs with a maximum of 20 square feet in size, may be
located at each construction entrance, to advertise for construction
trades. No building permit is required.
H. COMMERCIAL SIGNS
1. Wall, mansard, canopy or awning signs: One wall, mansard, canopy or
awning sign may be permitted for each single-occupancy parcel, or for
each establishment in a multiple-occupancy parcel. Corner units within
multiple-occupancy parcels, or multi-frontage single-occupancy parcels
shall be allowed one sign per street frontage, but such signs shall not be
combined for the purpose of placing the combined area on one wall. In
addition, outparcels within the Town Center may be allowed one
additional wall sign facing the Town Center if the additional sign is not
visible from any road right-of-way, However, the combined area of those
signs shall not exceed the maximum allowable display area for signs by
this ordinance.
a) The maximum allowable display area for signs may not be more
than 20 percent of the total square footage of the wall of the
building to which the sign will be attached.
2. Pole signs: Two (2) pole signs are permitted for each internal street,
provided there is a 500 foot separation between such signs.
a) Maximum allowable sign area: 100 square feet per side, if two-
sided
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b) Maximum allowable height: 20 feet
c) Setbacks: 10 feet from any right-of-way or property line
d) Spot or floodlights may be permitted provided said light shines
only on the signs and is shielded from motorists and adjacent
residents.
3. Projecting signs: Projecting signs may be substituted for wall or mansard
signs provided that the display area of the projecting sign shall not
exceed 60 square feet of display area.
a) Projecting signs shall not project more than four feet from the
building wall to which it is attached.
b) Projecting signs shall not extend above the roofline of the building
to which it is attached.
c) Projecting signs shall not project into the right-of-way.
d) Projecting signs which project over any pedestrian way shall be
elevated to a minimum height of 8 feet above such pedestrian
way.
4. Under-canopy signs: In addition to any other sign allowed by this
ordinance, one under-canopy sign may be allowed for each
establishment in the Town Center. This sign may not exceed 6 square
feet in area and shall be a minimum of eight feet above finished grade.
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a
SECTION III
RESIDENTIAL DISTRICT(TRACT A AND TRACT B)
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Winding Cypress designated on the Master Plan as"R," and located in Tract
A and Tract B.
3.2 MAXIMUM DWELLING UNITS
A maximum number of 2,300 2,854 single family and multifamily residential dwelling units
may be constructed on lands designated"R.''
3.3 GENERAL DESCRIPTION
The Residential District is designed to accommodate a full range of residential dwelling
types, compatible non-residential uses, a full range of recreational facilities, essential
services, and customary accessory uses.
The approximate acreage of the "R" District is indicated on the PUD Master Plan. This
acreage is based on conceptual designs and is approximate. Actual acreages of all
development tracts will be provided at the time of Site Development Plan er-Pretiminefy
in accordance with -respectively;
of the LDC. Residential tracts are designed to accommodate internal roadways, open
spaces, recreational facilities and other similar uses found in residential areas.
3.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses in Tract A and Tract B:
1. Single Family Detached Dwellings
2. Single Family Patio and Zero Lot Line Dwellings
3, Single Family Attached, Duplex, and Townhouse Dwellings
4. Multi-Family Dwellings including Garden Apartments
5. Assisted Living Facilities/Congregate Care
6. Maintenance Facilities
7. Model Homes, Sales Centers, including administrative offices and
construction offices
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8. Any other principal use, which is comparable in nature with the forgoing
uses, and is approved through the process set forth in the Land
Development Code at the time of the request for such use.
B. Accessory Uses and Structures in Tracts A and B:
1. Guest houses.
2. Accessory uses and structures customarily associated with principal uses
permitted in this District, including neighborhood community recreational
facilities.
3. Any other accessory use, which is comparable in nature with the forgoing
uses, and is approved through the process set forth in the Land
Development Code at the time of the request for such use.
3.6 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the "R" District,
Tract A and Tract B.
Tract:-B.
QB. Site development standards for single family attached and detached, patio,zero lot
line, two-family, and townhouse uses apply to individual residential lot boundaries.
Multi-family standards apply to platted parcel boundaries.
9-C. Standards for parking, landscaping, signs and other land uses, where such
standards are not specified herein or within adopted Winding Cypress design
guidelines and standards, are to be in accordance with the LDC in effect at the
time of Site Development Plan approva • _ ' f _.__• '_ . - _ .. _
Unless otherwise indicated, required yards, heights, and floor area standards apply-
to principal structures.
&D. Development standards for uses not specifically set forth in Table I and-Table-F}
shall be established during Site Development Plan Approval as set forth in Aisle
3;-Diviciorr-34.of the Land Development Code in accordance with those standards
of the zoning district which is most similar to the proposed use.
1=-E. Required property development regulations may be approved that are different
than those set forth in Table 1-and-Table-H, subject to the requirements of Section
2.6.27 of-the LDC.
G-F. The Collier County Public Works Division shall allow the installation of potable
water and irrigation water service connections to distribution mains during
construction of the single family subdivision utilities. The installation will be
scheduled upon application and payment of fees by the property owner, its
successors and/or assigns. The installation will be in accordance with the
approved plans and specifications, current policies and procedures, and performed
PUDA-PL20120002855 Winding Cypress PUD Amendment 1127114 Page 21 of 46
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by the Developer's contractor. The contractor must be approved for the installation
by the Collier County Public Works Division. Fees will be determined in
accordance with the impact fee ordinance in effect at the time of application.
447G. Assisted living facilities/congregate care facilities are limited to a Floor Area Ratio
(FAR) of 0.45. For the purpose of calculating density when assisted living
facilities/congregate care facilities are developed, each such facility's dwelling unit
shall be considered to be equal to .33 residential dwelling units. A maximum of
100 residential units may be converted to assisted living facilities/congregate care
facilities.
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771.17 1
TABLE I
WINDING CYPRESS DEVELOPMENT STANDARDS FOR"R"RESIDENTIAL AREAS-TRACT A and TRACT B
SINGLE PATIO& TWO SINGLE FAMILY MULTI-
FAMILY ZERO LOT FAMILY& ATTACHED & FAMILY
DETACHED LINE DUPLEX TOWN HOUSE
Minimum Site Area 2,800 SF 2,800 SF 3,500 SF 2,200 SF 12,000 SF
Minimum 35' 35' 35' 20' 100'
Site Width
Minimum 65' 65' 100' 40' 90'
Site Depth
Minimum
Front Yard Setback-al 15'" 15' ' 15' ' 15' ° 15'`"
(Principal and Accessory)
Minimum
Rear Yard Setback 10' 10' 10' 10' 20'
(Principal)
Minimum
Side Yard Setback 5' .s 5' 5' 7.5'
(Principal)-7
Minimum
Side Yard Setback 5' .5 5' 5' 5'
(Accessory)-
Minimum
Rear Yard Setback 5' 5' 5' 5'' 10'
(Accessory)
Maximum Height ' 35' 35' 35' 50' 50'
Distance Between
N/A N/A N/A 10' 15'
Principal Structures
Minimum Floor Area 900 SF 900 SF 900 SF 750 SF 750 SF9
General Notes:
For any lot or parcel which is served by both a street and an alley,the lot line adjacent to the alley shall be treated as a rear lot
line,and the setback shall be measured from the edge of pavement.The alley easement shall be a minimum of 20'wide,with 10'
pavement. Common architectural features such archways,arbors,and courtyard entry features shall be exempt from the
minimum yard requirements listed above.
Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area,shall define the development
standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line
units,a conceptual exhibit showing typical building configuration shall be submitted to Customer Services Department with the application
for the first building permit.The conceptual exhibit may be modified as needed.
All distances are in feet unless otherwise noted.
With approval from the Developer,front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. Sidewalks shall be
located in the right-of-way.
B. If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not
curbed).
*1 This setback shall be reduced to 10'for side entry garages,front porches,and combination front porch/front entry garages.
*2 The side corner setback shall be the same as the required front principal structure setback.
*3 Height shall be measured from the first habitable finished floor elevation of the unit.
*4 Setback to be measured from edge of pavement or back of curb,whichever is applicable,of road that serves the unit
PUDA-PL20120002855 Winding Cypress PUD Amendment 1127/14 Page 23 of 46
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'5 Side yard setback shall be either 0'on one side and 10'on the other,or 3'-1"on one side and 6'-11"on the other. For those structures
to be constructed within the hatched area of Tract A as depicted on the-fettewing-graphisExhibit 0,side yard setback shall be either 04 on
one side and 10'on the other,or a minimum of 3'-1"as long as the total distance between structures is a minimum of 10 feet-as depicted
on Exhibit E.
*6 Accessory Pool Enclosure/screen lanai setback may be reduced to 0'when attached to privacy wall.
"7 Accessory Pool Enclosure/screen lanai setback from Lake Maintenance Easement may be reduced to 0'provided architectural bank
treatment is incorporated
"8 A Patio Home is a detached or semi-detached unit for a single family with one(1)dwelling unit from ground to roof wherein each
dwelling unit lot is enclosed by a wall located at the lot line,thus creating a private yard between the house and the wall
*9.-Multi-family shall include multi-family units as defined in Collier County LDC and assisted living facilities/conaregate care facilities.
*10.-Floor area minimum(SF)is not applicable to assisted living facilities/congregate care facilities.
*11 For Tract B: For front entry garages.a minimum of 23'from edge of sidewalk to the garage must be provided. Front
setback for side entry Garages may be reduced to 12 feet.
"12 Setbacks from Henderson Creek shall be 32'.from the County easement,of which a 22'buffer adjacent to Henderson
Creek shall remain in native vegetation.No portion of the County easement for Henderson Creek will be cleared,
PUDA-PL20120002855 Winding Cypress PUC Amendment 1127/14 Page 24 of 46
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TABL-E-II
SINGLE- PAT-IOE-8,- TWOFAMILY-& MULTI-FAMILY
F ZERO LOT DUPLEX DWELLINGS44
DETACHED LINE TOWNHOUSE
6:000 SF 5000-SP 37600-SF-'4 3400-SF NA
7666 50 36 30 NA
20 20 20 20 20
Accesse
Fae 42 42 42 42 42
Setback(Pnncipay 40 6 40 40 .5 BH
Setba&(Accessory} 6 6 6 6 40
7-6 0 of-6-'" 0-er 7.6 O or.S 3#4 54BH
Maximum t -40- 36 36 36 66
4600;SF 4200F 42304F 1-200-SF 4000-SF
Pr ncipat-SEEM fes 46 40 0-of-1 6-SBH :5-SBH
iwtleight •separelow-
A. 4 eAercal,iscawed.by.8 .right-ef-Aey:..setbadc. 401.44-way.kne..-.Si iksahaNbeJeeata64a•*
-8 unit requires 8 kN area allocation-6t-.'i 00-$• .fist-a total w areaOf-7,000$:F:
i
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SECTION IV
VILLAGE CENTER DISTRICT
4.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Winding Cypress designated on the Master Plan as"VC."
4.2 MAXIMUM SQUARE FOOTAGE
The Village Center area designated for small scale retail, offices and service facilities
shall not exceed 15 acres. These uses may be combined with recreational facilities,
other amenities, internal roadways, open space and water management facilities for a
total of 17 acres.
A maximum of 30,000-50.000 square feet of gross floor area, including retail, office,
service and recreational uses may be constructed on lands designated "VC." 20,000
square feet remains to be built in Tract B.
4.3 GENERAL DESCRIPTION
The approximate acreage of the Village Center District is indicated on the Master Plan.
The Village Center portion of this District shall be consistent with the requirements of the
Growth Management Plan. This acreage is based on conceptual designs and is
approximate. Actual acreages of all development tracts will be provided at the time of Site
Development Plan - • _ _.-_ _.. . _ . `n accordance with Dives
3.3, and i the LDC, The Village Center tracts areis designed to
accommodate internal roadways, open spaces, lakes and water management facilities,
and other similar uses.
The Village Center within Tract B shall be located within a 5,000 foot radius of 80% of the
residents within Tract B. See Exhibit F List of Deviations. Bicycle and pedestrian facilities
throughout the community will be designed in accordance with Exhibit C. Bicycle and
Pedestrian Plan to create a pedestrian friendly environment.
4.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part,for other than the following:
A. Permitted Principal Uses and Structures:
1. Accounting, Auditing and Bookkeeping Services(Group 8721).
2. Automatic Teller Machines(Group 3578).
3. Amusements and Recreation Services - Indoor (Groups 7911-7929, 7991,
7993, 7997).
4. Apparel and Accessory Stores(Groups 5611-5699).
5. Gasoline Service Stations (Group 5541), no repairs, permitted in Tract A
only.
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6. Automotive Carwashes(Group 7542), except bus and truck washing.
7. Business Services(Groups 7334, 7349).
8. Eating and Drinking Places(Groups 5812-5813)except drive-through.
9. Food Stores(Groups 5411-5499).
10. General Merchandise Stores (Groups 5331-5399).
11. Miscellaneous Retail(Groups 5912-5963, 5992-5999).
12. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry
cleaning only, 7217, 7219-7251, 7291-7299).
13. Real Estate(Groups 6512, 6531, 6541).
14. Recreation Services(Group 7911)
15. Residential uses as set forth in Section 3.4 of this document including
residential units integral to Town Center structure(s) and as free-standing
uses. Free-standing residential uses shall comply with the development
standards set forth in Section 3.5.
16. Travel Agencies(Groups 4724 and 4725)
17. United States Postal Service(Group 4311 except major distribution center).
18. Video Tape Rental(Group 7841).
19. Recreation maintenance facilities. No hazardous chemicals may be stored
on site within Tract B.
20. All uses herein allowed in Section V. Recreational Districts and Any
other principal use, which is comparable in nature with the forgoing uses,
and is approved through the process set forth in the Land Development
Code at the time of the request for such use.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with principal uses
permitted in this District.
2. Customary accessory uses include, but are not limited to, recreational
facilities that serve as an integral part of the permitted uses, such as pool,
tennis facilities, parks, playgrounds and playfields, fitness centers, meeting
rooms.
3. Any other accessory use, which is comparable in nature with the forgoing
uses, and is approved through the process set forth in the Land
Development Code at the time of the request for such use.
4.5 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
1. Front Yard: Twenty-five feet (25') minimum or one-half the building height,
whichever is greater.
2. Side Yard: Fifteen feet(15').
3. Rear Yard: Fifteen feet(15').
4. Any yard abutting a residential parcel: Twenty-five feet(25').
5. Setback from a lake for all principal and accessory uses may be zero feet
(0') provided architectural bank treatment is incorporated into the design.
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B. Maximum height of structures - Fifty feet (50'); except clock towers or similar
architectural features,which shall be permitted up to seventy-five feet(75').
C. Minimum distance between principal structures - Fifteen feet (15') or separation
required by local fire code.
D. Minimum distance between principal and accessory structures-Ten feet(10').
E. Minimum floor area - Seven hundred (700) square feet gross floor area on the
ground floor,
F. Minimum lot or parcel area-Ten thousand (10,000)square feet.
G. Minimum lot width-Seventy five feet(75').
H. Except for residential uses, parking for any and all uses and structures constructed
in the Village Center District: one (1) space per 200 square feet of principal
building area.
Standards for landscaping and other land uses where such standards are not
specified herein or within adopted Winding Cypress design guidelines and
standards, are to be in accordance with LDC in effect at the time of Site
Development Plan Approval. Unless otherwise indicated, required yards, heights,
and floor area standards apply to principal structures.
J. Development standards for accessory uses and structures shall be as required by
the LDC in effect at the time of at the time of Site Development Plan Approval.
PUDA-PL20120002855 Mnding Cypress PUD Amendment 1/27114 Page 28 of 46
9A
SECTION V
RECREATIONAL DISTRICTS
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Winding Cypress designated on the Master Plan as "` "
"REC"-Recreational.
5.2 GENERAL DESCRIPTION
Areas designated as "G," and "REC" on the Master Plan are designed to accommodate a
recreational and open space uses, as well as to provide lands
for community-related ancillary uses and essential services.
5.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
2-1. Tennis clubs, health spas, equestrian clubs, aquatic centers, and other
recreational clubs to serve residents.
8.2. Project information and sales centers.
4.3. Community .•_ . _ _1. _ _ - .: . __ , maintenance buildings,
essential services, irrigation water and effluent storage tanks and ponds,
water and wastewater treatment plants, utilities pumping facilities and
pump buildings, utility and maintenance staff offices.
64. Public administration facilities.
6 5. Open space uses and structures such as, but not limited to, boardwalks,
nature trails, bikeways, landscape nurseries, gazebos, boat and canoe
docks, fishing piers, picnic areas, fitness trails and shelters.
7:6. Shuffleboard courts, tennis courts, swimming pools, playgrounds,
basketball courts, bocce ball areas, and all other types of facilities intended
for outdoor recreation.
8-7. Any other principal use, which is comparable in nature with the forgoing
uses, and is approved through the process set forth in the Land
Development Code at the time of the request for such use.
PUDA-PL20120002855 Winding Cypress PUD Amendment 1/27/14 Page 29 of 46
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9 A i
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with the principal
uses permitted in these Districts.
3:2. Retail establishments accessory to the permitted uses of these Districts
such as, but not limited to,golf,tennis, and recreational related sales.
473. Restaurants, cocktail lounges, and similar uses intended to serve club
members and club guests.
644. Telecommunications facilities.
6-5„ Any other accessory use, which is comparable in nature with the forgoing
uses, and is approved through the process set forth in the Land
Development Code at the time of the request for such use.
5.4 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements for Principal Structures:
1. Front Yard: Twenty-five feet (25') minimum or one-half the building height,
whichever is greater.
2. Side Yard: Fifteen feet(15').
3. Rear Yard: Fifteen feet(15').
4. Any yard abutting a residential parcel: Twenty-five feet(25').
5. Setback from a lake for all principal and accessory uses may be zero feet
(0') provided architectural bank treatment is incorporated into the design.
B. Minimum Yard Requirements for Accessory Structures:
1. Front Yard: Twenty feet (20') minimum or one-half the building height,
whichever is greater.
2. Side Yard: Ten feet(10').
3. Rear Yard: Ten feet(10').
4. Any yard abutting a residential parcel: Twenty feet(20').
5. Setback from a lake for all principal and accessory uses may be zero feet
(0') provided architectural bank treatment is incorporated into the design.
C. Maximum height of structures- Fifty feet(50').
D. Minimum distance between principal structures - Fifteen feet (15') or separation
required by local fire code,whichever is greater.
E. Minimum distance between principal and accessory structures-Ten feet(10').
PUDA-PL20120002855 Winding Cypress PUD Amendment 1/27/14 Page 30 of 46
9
F. Minimum floor area-None required.
G. Minimum lot or parcel area-None required.
H. Minimum distance between all other accessory structures-Ten feet(10').
Parking for the community center/clubhouse shall be one space per every two
hundred (200)square feet of gross floor area of principal structures,which shall be
considered inclusive of required parking for getf-ss -a444 all other recreational
uses.
J. Standards for parking, landscaping, signs and other land uses, where such
standards are not specified herein or within adopted Winding Cypress design
guidelines and standards, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan Approval.
Unless otherwise indicated, required yards, heights, and floor area standards apply
to principal structures.
PUDA-PL20120002855 Winding Cypress PUD Amendment 1/27/14 Page 31 of 46
. A
SECTION VI
PRESERVE DISTRICT
6.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Winding Cypress designated on the Master Plan, as"P."
6.2 GENERAL DESCRIPTION
Areas designated as Preservation Area on the Master Plan are designed to accommodate
conservation interpretive/educational trails and permitted water management uses and
functions.
6.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Passive recreational areas, boardwalks, wildlife observation platforms, golf
cart paths and nature trails(elevated and at grade), and gazebos.
2. Biking, hiking, nature and equestrian trails(excluding asphalt paved trails in
wetlands).
3. Water management facilities as permitted by SFWMD.
4. Temporary construction access road as permitted by SFWMD needed to
constructed Preserve District uses.
5. Utility or roadway crossings.
6. Constructed wading bird pools, as approved through oroiect-specific
SFWMD and U.S.Army Corps Permits.
•
PUDA-PL20120002855 Winding Cypress PUD Amendment 1/27/14 Page 32 of 46
1
9
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6:66.4 PRESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or platted tract, whichever is applicable, is
required for preservation lands included in the Preservation DistrictAMea. The Developer
shall be responsible for the control and maintenance of lands within the Preservation
DistrictArea.
PUDA-PL20120002855 Winding Cypress PUD Amendment 1127/14 Page 33 of 46
4
_9.A • 1_
SECTION VII
GENERAL DEVELOPMENT COMMITMENTS
7.1 PURPOSE
The purpose of this Section is to set forth the general development commitments of the
Developer within Winding Cypress.
7.2 GENERAL
All facilities shall be constructed in accordance with the final site development plans, the
final subdivision plats, and all applicable state and local laws, codes and regulations
relating to the subdivision of the land, except where specifically noted or otherwise set
forth in this document, or as otherwise approved by Collier County. All state and federal
permits shall be effective according to the stipulations and conditions of the permitting
agencies. Final master plans, final site development plans or final subdivision plats, and
standards and specifications of the Collier County Land Development Code relating to the
same shall apply to this Project, except as otherwise set forth herein.
In addition, the Master Plan and the regulations of the PUD document, as adopted, along
with any other specific conditions or stipulations as may be agreed to in the rezone hearing
before the Board of County Commissioners, shall control and be applicable to
development of the subject property. The Developer shall be bound by said documents,
commitments, and stipulations.
7.3 MONITORING REPORT
One entity(hereinafter the Managing Entity) shall be responsible for PUD monitoring
until close-out of thq PUD, and this entity shall also be responsible for satisfying all PUD
commitments until close-out of the PUD. At the time of this PUD approval, the
Managing Entity is Barron Collier Company. Should the Managing Entity desire to
transfer the monitoring and commitments to a successor entity,then it must provide a
copy of a legally binding document that needs to be approved for legal sufficiency by the
County Attorney. After such approval, the Managing Entity will be released of its
obligations upon written approval of the transfer by County staff, and the successor
entity shall become the Managing Entity. As Owner and Developer sell off tracts, the
Managing Entity shall provide written notice to County that includes an
acknowledgement of the commitments required by the PUD by the new owner and the
new owner's agreement to comply with the Commitments through the Managing Entity,
but the Managing Entity shall not be relieved of its responsibility under this Section.
When the PUD is closed-out,then the Managing Entity is no longer responsible for the
monitoring and fulfillment of PUD commitments.
PUDA-PL20120002855 Winding Cypress PUD Amendment 1/27/14 Page 34 of 46
9 A 1
7.4 TRANSPORTATION
A. The Developer shall provide a fair share contribution toward the capital cost of a
traffic signal at the project entrances onto CR 951 (North-South)and US 41 (East-
West) when deemed warranted by Collier County. The signal shall be owned,
operated and maintained by Collier County.
B. Connection permits shall be required for all temporary construction access points.
Such permits shall require any necessary auxiliary lanes and apron paving to be
constructed prior to the use of any temporary access point.
C. Within 180 days of the County's written request, the Owner shall convey to the
County a road easement for the road right of way needed for a section of
Benfield Road up to a width of 140 feet free and clear of all liens and financial
encumbrances, The road right of way shall be adiacent to the Picayune State
Forest and shall be in the location identified on the PUD Master plan. The length
of proposed 140' ROW reservation is approximately 6,000', extending
approximately 830' north of the Hacienda Lakes PUD southern section line and
approximately 650' south of the Picayune State Forest southern section line. The
County acknowledges that the area in which the road reservation is located is
designated preserve on the PUD Master Plan and is required to be a
conservation area for purposes of the project obtaining required state and
federal permits. The County has agreed to be responsible for all permitting and
construction costs, including but not limited to noise mitigation, and mitigation
costs associated with permitting and constructing Benfield Road. The Owner and
Developer shall not be responsible to obtain or modify any state or federal
permits related to the extension of Benfield Road, Upon recordation of the road
easement in the public records of Collier County, the Owner shall be paid for the
fair market value of the road ea§ement. The Developer shall disclose (in writing)
to all property buyers within 300' of the reserved 140' Benfield Road corridor of
their proximity to the future roadway corridor.
7.5 WATER MANAGEMENT
A. A South Florida Water Management District (SFWMD) Environmental Resource
Permit will be required and obtained.
PUDA-PL20120002855 Wnding Cypress PUD Amendment 1/27/14 Page 35 of 48
9 ,
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747.,,•6 UTILITIES
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PUOA-PL20120002855 Winding Cypress PUD Amendment 1127114 Page 36 of 46
9 i
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A. Mains and force mains shall not meander into the paved portion of the road
rights-of-way but may cross beneath road rights-of-way at angles,where
necessary, to emeroe on the opposite side. During the final utility design
deviations may be approved by the Collier County Utilities Department or the
Hearing Examiner.
F B. For the County owned potable water mains and forcemains located within a 50 foot
R.O.W./C.U.E. serving single family residential parcels, the potable water main will
be located a minimum 7.5 feet off the back of curb(BOC) and the forcemain will be
located a minimum 5 feet off the BOC. The minimum distance from the BOC to
the right-of-way line will be 13 feet.
G C. For the County owned potable water mains located within a 40 foot R.O.W/C.U.E.
serving single family residential parcels, the potable water main will be located a
minimum 5.0 feet off the back of curb. The minimum distance from the BOC to the
right-of-way line will be 8 feet.
4-1-AD. For the County owned potable water mains and forcemains located along the main
roadway, the potable water main will be located a minimum 7.5 feet off the back of
PUDA-PL20120002855 Winding Cypress PUD Amendment 1/27/14 Page 37 of 46
9A
curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. For
the loop roadway section without a median,the minimum distance from the BOC to
the right-of-way line will be 15 feet. For the main roadway section with a median,
the minimum distance from the BOC to the right-of-way shall be 13 feet.
+-E. Irrigation water will be provided with a separate non-Collier County owned
distribution system supplied by on-site wells, reclaimed water and/or other non-
potable sources. All irrigation water source permitting shall be coordinated with
SFWMD. The irrigation water distribution main may be located within the right-of-
way/County utility easement/public utility easement/drainage easement, as
applicable, for the main roadway. The Collier County Public Works Department
will not be responsible for the repair, replacement, and/or maintenance of said
irrigation main nor shall the Collier County Public Works Department be
responsible for any associated above-ground restoration.
F. The Owner will provide a potable water stub out at the eastern most point of the
proiect in order to loop the system with Naples Reserve at such time that both
systems have been constructed to their respective connection point.
G. The Owner will provide a 20' easement to Marco Island Utility,when needed.
The approximate location is shown on the Winding Cypress Master Plan, Tract
B.
H. The Owner will provide Marco Island Utilities access to Henderson Creek over
the entryway.
787.7 ENGINEERING
A. Design and construction of all improvements shall be subject to compliance with
the designated provisions of the Collier County Land Development Code,
Division-3.2 Chapters 4.03.00 and 10.02.04.
B. Work within Collier County right-of-way shall meet the requirements of the Collier
County Right-of-Way Ordinance No. 93-64.
7,57.8 POLLING PLACES
A. Pursuant to Chapter 2.01.04. of the LDC, provisions shall be
made for the purpose of accommodating the function of an electoral polling
place if deemed necessary by the Supervisor of Elections.
PUDA-PL20120002855 Winding Cypress PUD Amendment 1/27/14 Page 38 of 46
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New Directions In Planning.Design&Engineering
Exhibit B
Description of Part of Sections 26,34 and 35 of
Township 50 South,Range 26 East,
and Sections 2 and 3 of
Township 51 South,Range 26 East
Collier County,Florida.
(PARCELS"A"and"B")
All of Section 26,Township 50 South,Range 26 East,Collier County,Florida;less and except the north 30.00 feet
(for road right-of-way)and the west 100 feet(for canal right-of-way)therefrom
AND ALSO All of Section 35,Township 50 South,Range 26 East,Collier County,Florida,less and except the west
60.00 feet(for canal light-of-way);
AND ALSO Part of Section 34,Township 50 South,Range 26 East,Collier County,Florida;
AND ALSO Part of Section 2 Township 51 South,Range 26 East,Collier County,Florida;
AND ALSO Part of Section 3,Township 51 South,Range 26 East,Collier County,Florida;
Being more particularly describes as follows:
PARCEL"A":
BEGINNING at the Southeast corner of Section 2,Township 51 South,Range 26 East,Collier County,Florida;
thence along the south line of said Section 2 North 87°02'48"West 2717.79 feet to the South Quarter Corner of said
Section 2;
thence continuing along said line North 89°27'31"West 233.96 feet;
thence leaving said line North 54°21'26"West 3802.70 feet along the northeast right-of-way line of U.S.41
(Tamiami Trail);
thence North 20°14'55"East 2036.85 feet;
thence North 69°45'05"West 45.00 feet;
thence South 89°15'14"East 60.00 feet to a point on a line lying 60 feet east of and parallel to the West Line of said
Section 2;
thence along said line thence North 00°44'46"East 1350.52 feet to a point on the North Line of Section 2,said point
on a line lying 60 feet east of the west line of said Section 35;
thence along said line North 00°50'06"East 2614.26 feet;
thence continuing along said line North 00°52'55"East 261936 feet to a point on the North Line of said Section 35;
thence along said line South 89°33'56"East 40.00 to a point on a line lying 100 feet east of and parallel to the west
line of Section 26;
thence along said line North 00°50'24"East 2633.11;
thence continuing along said line North 00°50'18'East 2604.58 feet to a point on the Southerly Right of Way line of
Sabal Palm Road,said line being 30.00'south of the north line of said Section 26;
thence along said Right of Way line South 89°37'03"East 2541.99 feet;
thence continuing along said line South 89°37'26"East 2642.08 feet to a point on the East line of said Section 26;
thence along the East Line of said Section 26 South 00°14'00"East 2606.72 feet to the East Quarter Corner of said
Section 26;
thence continuing along said line South 00°14'36"East 2636.75 feet to the Southeast Corner of said Section 26;
Section to g the East Line of said Section 35 South 00°24'57"West 2638.06 feet to the East Quarter Corner of said
thence continuing along said line South 00°23'29"West 2637.20 feet to the Southeast Corner of said Section 35;
thence along the East Line of said Section 2 South 00°40'26"West 2801.59 feet to the East Quarter Corner of said
Section 2;
thence continuing along said line South 00°40'46"West 2750.15 to the Southeast Corner of said Section 2 and the
POINT OF BEGINNING of the parcel herein described(PARCEL"A");
Parcel Contains 1922.2 acres more or less.
Subject to easements,restrictions and reservations of record.
Bearings are based on the east half of the south line of Section 2 being North 87°02'48"West.
PAGE 1 OF 2
Naples Fort Myers Sarasota Tampa Tallahassee Panama City Beech
Marie Lai ,Suite 2UD Nantes Florida 103 941-649-4040 Sr 941-643-5776
sn»sjoauva ou PUat L20120002 .Vngrrg i4Nsis PUO Amendment 1313 Page 41 of 46
None oar am-° wsYw,iv/sonmi 1ereWlt g
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' 1�i" r iIIer E
New Directions M Planning,Design&Engineering
Description of Part of Sections 26,34 and 35 of
Township 50 South,Range 26 East,and Sections 2 and 3 of
Township 51 South,Range 26 East Collier County,Florida.
(PARCELS"A"and"B")Continued;
ALSO INCLUDING THE FOLLOWING:
PARCEL"B":
COMMENCING at the Southwest Corner of said Section 26;
thence along the West Line of said Section 35 South 00°52'55"West 674.12 feet;
thence leaving said line North 89°07'05"West 40.00 feet to a point on a line 40 feet west of the West Line of
Section 35 and the POINT OF BEGINNING of the parcel herein described(PARCEL'B");
thence along said line South 00°52'55"West 1110.23 feet;
thence leaving said line North 89°07'05"West 539.68 feet;
thence North 35°39'05"East 175.97 feet;
thence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the northwest
having a radius 0(2964.93 feet through a central angle of 20°36'46"subtended by a chord which bears
North 25°20'42"East 1060.92 feet to the POINT OF BEGINNING of the parcel herein described
(PARCEL"B").
Parcel Contains 5.7 acres more or less.
Subject to easements,restrictions and reservations of record
Bearings are based on the east half of the south line of Section 2 being North 87°02'48"West
Total parcel(including Parcels"A"and"B")contains 1927.9 acres more or less.
WILSONMILLER,INC,
Registered Engineers and Land Surveyors
Certificate of authorization#LB-43.
^—'Marcus L.Berman,P.S.M.#5086
Not Valid unless embossed with the Professional's seal.
Ref. 4E-50
W.O.: N0506-000-000-MARS 1
Date: October 15, 1999
Revised: January 13,2000
•
Exhibit B
PAGE 2 OF 2
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PUDA-PU0120002855,Winding Cypress PUb Amendment 12/13/13 Page 45 of 46
9
Exhibit F
Deviation 1.A deviation is sought for relief from LDC Section 4.07.048.41) to change the radius
requirement for the Tract B Village Center from "within 1,760 ft. radius to 80% of the number of
units", to within a 5,000 ft. radius of 80% of the number of units within Tract B.
PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 46 of 46
9A
BCC Combined Ad
Winding Cypress PUD and DRI petitions
PUDA-PL20120002855 and DOA-PL20120002856
An Ordinance of the Board of County Commissioners of Collier County, Florida amending
Ordinance Number 02-35, as amended, the Winding Cypress Planned Unit Development (PUD),
by increasing the number of residential dwelling units from 2,300 to 2,854; by increasing the
residential development area by 44 acres to 492 acres; by increasing the Village Center acreage
by 2 acres for a total of 17 acres; by increasing the gross floor area of the Village Center District
by 20,000 square feet for a total of 50,000 square feet; by increasing the acreage of lakes from
235 acres to 272 acres; by removing the 164 acres of golf area and eliminating the 18-hole golf
course; by increasing the preserve area by 44 acres to 840 acres; by increasing buffers,
waterways, canal and FP&L easements from 180 acres to 219 acres; providing for addition of
Winding Cypress Master Plan, Tract B to Exhibit A; providing for addition of Exhibit C, Bicycle
and Pedestrian Master Plan; providing for List of Deviations; and providing an Effective Date.
The subject property is located at the northeast quadrant of the intersection of Tamiami Trail
East (US 41) and Collier Boulevard (CR-951) in Sections 26, 34, 35, 2 and 3, Township 50 and
51 South, Range 26 East, Collier County, Florida consisting of 1,928 acres. (PUDA-
PL20120002855)
And
A Resolution amending Resolution No. 99-467, as amended, (Development Order 99-4) for the
Winding Cypress Development of Regional Impact by providing for Section One, Amendments
to Development Order by increasing the number of residential dwelling units from 2,300 to
2,854; by increasing the residential development area by 44 acres to 492 acres; by increasing the
village center acreage by 2 acres for a total of 17 acres; by increasing the gross floor area of the
Village Center District by 20,000 square feet for a total of 50,000 square feet; by increasing the
acreage of lakes from 235 acres to 272 acres; by removing the 164 acres of golf area and
eliminating the 18-hole golf course; by increasing the preserve area by 44 acres to 840 acres; by
increasing buffers, waterways, canal and FP&L easements from 180 acres to 219 acres; by
extending the build-out date to December 31, 2020 and expiration date to December 21, 2025;
and by amending the Master Plan; by providing for Section Two, Findings of Fact; Section
Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders,
Transmittal to Department of Economic Opportunity and Effective Date. The subject property is
located at the northeast quadrant of the intersection of US-41 and Collier Boulevard (CR 951) in
Sections 26, 34 and 35, Township 50 South, Range 26 East, and Sections 2 and 3, Township 51
South, Range 26 East, Collier County, Florida consisting of 1,928± acres. (DOA-
PL20120002856)
9q
Acct #068779
January 29, 2014
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: PUDA-PL20120002855 & DOA-PL20120002856
Winding Cypress PUD and DRI Petitions
Dear Legals:
Please advertise the above referenced notice on Wednesday, February 5, 2014
and send the Affidavit of Publication, in DUPLICATE, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500146769
9 )1
NOTICE OF INTENT TO CONSIDER ORDINANCE AND A
DEVELOPMENT ORDER/RESOLUTION
Notice is hereby given that on Tuesday, February 25, 2014 in the
Board of County Commissioners Meeting Room, Third Floor, Collier
Government Center, 3299 East Tamiami Trail, Naples, FL, the Board of
County Commissioners (BCC) will consider the enactment of a County
Ordinance and a Development Order/Resolution. The meeting will
commence at 9:00 A.M. The title of the proposed Ordinance and the
Development Order/Resolution are as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 02-35, AS AMENDED,
THE WINDING CYPRESS PLANNED UNIT DEVELOPMENT (PUD) , BY
INCREASING THE NUMBER OF RESIDENTIAL DWELLING UNITS FROM 2,300
TO 2,854; BY INCREASING THE RESIDENTIAL DEVELOPMENT AREA BY 44
ACRES TO 492 ACRES; BY INCREASING THE VILLAGE CENTER ACREAGE BY
2 ACRES FOR A TOTAL OF 17 ACRES; BY INCREASING THE GROSS FLOOR
AREA OF THE VILLAGE CENTER DISTRICT BY 20,000 SQUARE FEET FOR A
TOTAL OF 50,000 SQUARE FEET; BY INCREASING THE ACREAGE OF LAKES
FROM 235 ACRES TO 272 ACRES; BY REMOVING THE 164 ACRES OF GOLF
AREA AND ELIMINATING THE 18-HOLE GOLF COURSE; BY INCREASING THE
PRESERVE AREA BY 44 ACRES TO 840 ACRES; BY INCREASING BUFFERS,
WATERWAYS, CANAL AND FP&L EASEMENTS FROM 180 ACRES TO 219 ACRES;
PROVIDING FOR ADDITION OF WINDING CYPRESS MASTER PLAN, TRACT B
TO EXHIBIT A; PROVIDING FOR ADDITION OF EXHIBIT C, BICYCLE AND
PEDESTRIAN MASTER PLAN; PROVIDING FOR LIST OF DEVIATIONS; AND
PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT
THE NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAMI TRAIL EAST
(US 41) AND COLLIER BOULEVARD (CR-951) IN SECTIONS 26, 34 AND
35, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND 3,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 1,928 ACRES. (PUDA-PL20120002855)
****
A RESOLUTION AMENDING RESOLUTION NO. 99-467, AS AMENDED,
(DEVELOPMENT ORDER 99-4) FOR THE WINDING CYPRESS DEVELOPMENT OF
REGIONAL IMPACT BY PROVIDING FOR SECTION ONE, AMENDMENTS TO
DEVELOPMENT ORDER BY INCREASING THE NUMBER OF RESIDENTIAL
DWELLING UNITS FROM 2,300 TO 2,854; BY INCREASING THE
RESIDENTIAL DEVELOPMENT AREA BY 44 ACRES TO 492 ACRES; BY
INCREASING THE VILLAGE CENTER ACREAGE BY 2 ACRES FOR A TOTAL OF
17 ACRES; BY INCREASING THE GROSS FLOOR AREA OF THE VILLAGE
CENTER DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL OF 50,000
SQUARE FEET; BY INCREASING THE ACREAGE OF LAKES FROM 235 ACRES
TO 272 ACRES; BY REMOVING THE 164 ACRES OF GOLF AREA AND
ELIMINATING THE 18-HOLE GOLF COURSE; BY INCREASING THE PRESERVE
AREA BY 44 ACRES TO 840 ACRES; BY INCREASING BUFFERS, WATERWAYS,
CANAL AND FP&L EASEMENTS FROM 180 ACRES TO 219 ACRES; BY
9A
EXTENDING THE BUILD-OUT DATE TO DECEMBER 31, 2020 AND EXPIRATION
DATE TO DECEMBER 31, 2025; AND BY AMENDING THE MASTER PLAN; BY
PROVIDING FOR SECTION TWO, FINDINGS OF FACT; SECTION THREE,
CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY
ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC
OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED
AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAMI TRAIL
EAST (US-41) AND COLLIER BOULEVARD (CR-951) IN SECTIONS 26, 34
AND 35. TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND 3,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 1,928 +/- ACRES. (DOA-PL20120002856)
Copies of the proposed Ordinance and Resolution are on file with the
Clerk to the Board and are available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County manager prior to presentation of the agenda item to
be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman,
a spokesperson for a group or organization may be allotted 10 minutes
to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite 101, Naples, FL, 34112-5356, (239) 252-8380,
at least two days prior to the meeting. Assisted listening devices
for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
9 A -1 I
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
-
County of Collier
CLERK OF THE CIR UIT COURT
Dwight E. Brock COLLIER COUIri�'Y COURTHOUSE Clerk of Courts
Clerk of Courts 3315 TAMIAMI TRL E STE l02~ P.O. BOX 413044 Accountant
NAPLES.FLORIDA ,'T NAPLES, FLORIDA Auditor
34112-5324 34101-3044 Custodian of County Funds
-. .r
January 29, 2014
DiVosta Homes, LP
Attn: Chris Hasty
24311 Walden Center Drive
Suite 300
Bonita Springs, FL 34134
RE: PUDA-PL20120002855 and DOA-PL20120002856
Winding Cypress PUD & DRI Petitions
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 25, 2014 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Wednesday, February 5,
2014.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
----.___...-----------
Phone-(239)252-2646 Fax-(239)252-2755
Website- www.CollierClerk.com Email- Coll ierClerk@coll ierclerk.com
Ootn ty of Collier
9 A
CLERK OF THE.CIR UIT COURT
Dwight E. Brock COLLIER COUhgY COURTHOUSE Clerk of Courts
Clerk of Courts 3315 TAMIAMI TRL E STE 102~ ; P.O. BOX 413044 Accountant
NAPLES, FLORIDA T; ,NAPLES,FLORIDA Auditor
34112-5324 34101-3044 Custodian of County Funds.44„.
January 29, 2014
J.R. Evans Engineering, P.A.
Attn: Anita Jenkins
23150 Fashion Drive
Suite 24
Estero, FL 33928
RE: PUDA-PL20120002855 and DOA-PL20120002856
Winding Cypress PUD & DRI Petitions
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 25, 2014 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Wednesday, February 5,
2014.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
ThjWA
Martha Vergara,
Deputy Clerk
Enclosure
Phone-(239)252-2646 Fax-(239)252-2755
Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com
9 A
NUM)/ of Collier
CLERK OF THE-CIRCUIT COURT
Dwight E. Brock COLLIER COUls 'Y COI5JtTHOUSE Clerk of Courts
Clerk of Courts 3315 TAMIAMI TRL E STE IO2' • P.O. BOX 413044 Accountant
NAPLES, FLORIDA •'t NAPLES,FLORIDA Auditor
34112-5324 :34101-3044 Custodian of County Funds
January 29, 2014
Coleman, Yovanovich & Koester, P.A.
Attn: Richard D. Yovanovich, Esq.
Northern Trust Bank Building
4001 Tamiami Trail North
Suite 300
Naples, FL 34013
RE: PUDA-PL20120002855 and DOA-PL20120002856
Winding Cypress PUD & DRI Petitions
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 25, 2014 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Wednesday, February 5,
2014.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239)252-2646 Fax-(239)252-2755
Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com
9A
Martha S.Vergara
From: Martha S.Vergara
Sent: Wednesday,January 29,2014 12:06 PM
To: Naples Daily News Legals
Subject: PUDA-P120120002855 & DOA-PL20120002856-Winding Cypress PUD&DRI
Attachments: PUDA-PL20120002855 (COMBINED AD)Winding Cypress(2-25-14).doc;PUDZA-
PL20120002855 - (COMBINED AD)Winding Cypress PUD (2-25-14).doc
Legals,
Please advertise the following attached ad Wednesday, February 5,2014.
Please forward an ok when received, if you have any questions feel free to call me.
Thanks
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergaraQcollierclerk.com
9
Martha S.Vergara
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Wednesday,January 29,2014 2:39 PM
To: Martha S.Vergara
Subject: Ad Confirmation
Attachments: UASF32.jpg
Martha,
Please provide approval ASAP for publication on 02.05.14.
Thanks!
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News
239-213-6061
cpolidora@naplesnews.com
Thank you for placing your ad.
Date 01/29/14
Publication NDN
Account Number 744102
Ad Number 2014843
Total Ad Cost $414.18
1
NOTICE.OF INTENT TO CONSIDER ORDINANCE AND A
DEVELOPMENT ORDER/RESOLUTION 4
..9 _A
Notice is hereby given that on Tuesday, February 2S,2014 in the Board of County
Commissioners Meeting Room,Third Floor.Collier Government Center,3299 East
Tamiami Trail,Naples,FL,the Board of county Commissioners (BCC)will consider
the enactment of a County Ordinance and a Development Order/Resolution. The
meeting will commence at 9:00 A.M.The title of the proposed Ordinance and the
Development Order/Resolution am as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 02-35,AS AMENDED,THE
WINDING CYPRESS PLANNED UNIT DEVELOPMENT(PUD),BY INCREASING TH E
NUMBER OF RESIDENTIAL DWEWNG UNITS FROM.2,300TO 2;854;BY INCREASING
THE RESIDENTIAL DEVELOPMENT AREA BY 44 AC R ES TO 492 ACRES; BY
INCREASING THE VIUAGE CENTER ACREAGE BY 2 ACRES FOR A TOTAL OF 17
ACRES;BY INCREASING THE GROSS FLOOR A R EA OF THE VILLAGE .CE NTER
DISTRICT BY 20,000 SQUARE FEET FOR ATOTAL OF 50,000 SQUARE FEET; BY
INCREASING THE ACREAGE OF LAKES FROM 235 ACRES TO 272 ACRES; BY
REMOVING THE 164 ACRES OF GOLF AREA AND ELIMINATING THE 18-HOLE GOLF
COURSE BY INCREASING THE PRESERVE AREA BY 44 ACRES TO 840 ACRES;BY
INCREASING BUFFERS,WATERWAYS, CANAL AND FP&L EASEMENTS FROM 180
ACRES TO 2.19 ACRES;PROVIDING FOR ADDITION OF WINDING CYPRESS MASTER
PLAN,TRACT B TO EXHIBIT A;PROVIDING FOR ADDITION OF EXHIBIT C,BICYCLE
AND PEDESTRIAN MASTER PLAN;PROVIDING FOR UST OF DEVIATIONS; AND.
PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED AT THE
NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAMI TRAIL EAST(US 41)
AND COLLIER BOULEVARD(CR-951)IN SECTIONS 26,34 AND 35, TOWNSHIP 50
SOUTH,RANGE 26 EAST,AND SECTIONS 2 AND 3,TOWNSHIP 51 SOUTH, RANGE
26 EAST,COWER COUNTY,FLORIDA,CONSISTING OF 1,928 ACRES. (PUDA-
P120120002855)
A RESOLUTION AMENDING RESOLUTION NO. 99-467, AS AMENDED,
(DEVELOPMENT ORDER 99-4) FOR THE WINDING CYPRESS DEVELOPMENT OF
REGIONAL IMPACT BY PROVIDING FOR SECTION ONE.,AMENDMENTS TO.
DEVELOPMENT ORDER BY INCREASING THE NUMBER OF RESIDENTIAL DWELLING
UNITS FROM 2,300 TO 2,854; BY INCREASING THE RESIDENTIAL DEVELOPMENT
AREA SY 44 ACRES TO 492 ACRES;BY INCREASING THE VILLAGE CENTER ACREAGE
BY 2 ACRES FOR A TOTAL OF 17 ACRES;BY INCREASING THE GROSS FLOOR AREA
OF THE VILLAGE CENTER DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL OF 50,000
SQUARE FEET;BY INCREASING THE ACREAGE OF LAKES.FROM 235 ACRES TO 272
ACRES;BY REMOVING THE 164 ACRES OF GOLF AREA AND EUMINATING THE
18-HOLE GOLF COURSE;BY INCREASING THE PRESERVE AREA BY;44ACRES TO 840
ACRES;BY INCREASING BUFFERS,WATERWAYS,CANAL AND.FP&L EASEMENTS.
FROM 180 ACRES TO 219 ACRES; BY EXTENDING THE BUILD-OUT DATE TO
DECEMBER 31,2020 AND EXPIRATION DATE TO DECEMBER 31,2025;AND BY
AMENDING THE MASTER PLAN;BY PROVIDING FOR SECTION TWO. FINDINGS OF
FACT;SECTION THREE,CONCLUSIONS OF LAW;AND SECTION FOUR.EFFECT OF
PREVIOUSLY ISSUED DEVELOPMENT ORDERS,TRANSMITTAL TO DEPARTMENT OF
ECONOMIC OPPORTUNITY AND EFFECTIVE DATE.THE SUBJECT PROPERTY IS
LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAMI
TRAIL EAST(1.15-41)AND COWER BOULEVARD(CR-951)IN SECTIONS 26,34 AND 35.
TOWNSHIP 50 SOUTH, RANGE 26 EAST. AND SECTIONS•2 AND 3,TOWNSHIP 51
SOUTH.RANGE 26 EAST,COLLIER COUNTY,FLORIDA.CONSISTING OF 1,928.+1--
ACRES.(DOA PL20120002856)
Copies of the proposed Ordinance and Resolution are on file with.the.Clerk to the
Board and are available for inspection. All interested parties are invited to attend
and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County manager prior to presentation of the agenda item to be addressed,
Individual speakers will be limited 10 3 minutes on any item. The selection of an
individual to speak on behalf of an Organization or group is encouraged.. If
recognized by the Chairman. a spokesperson for a group or organization may be
allotted 10 minutes to speak an an item.
Persons'ivishing to have written or graphic materials lnduded In the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing, in any case,written materials Intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material Used in presentations before the Board
Will become a permanent part of the.record.
Any person who decides to appeal'a decision of the Board will need a record of the
proceedings pertaining thereto and therefore,may need to ensure that a verbatim
record of the proceedings is made,which record includes the testimony and
evidence upon which the appeal is based.
if you are a person with a disability'who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department located at 3335 Tamiami Trail East,Suite 101,Naples,.FL,34112-5356,
(239)252-8380, at least two days prior to the meeting.Assistedistening devices for
the hearing impaired are available in the Board of'County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COWER COUNTY.FLORIDA
TOM HENNING.CHAIRMAN
DWIGHT E.BROCK.CLERK
By: Martha Vergara,Deputy Clerk
February 5,2014 No.2014843
9 A 4
Martha S.Vergara
From: Martha S.Vergara
Sent: Wednesday,January 29,2014 3:14 PM
To: DeselemKay(KayDeselem @colliergov.net); NeetVirginia (VirginiaNeet @colliergov.net);
Ashton, Heidi; Rodriguez,Wanda (WandaRodriguez @ colliergov.net)
Subject: PUDA-PL20120002855 & DOA-PL20120002856-Winding Cypress PUD&DRI
Attachments: UASF32.jpg
Hello All,
Attached is the NDN ad proof please let me know of any changes.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239)252-7240
Fax: (239)252-8408
E-mail: martha.vergara@collierclerk.com
1
9A 1f
Martha S.Vergara
From: Deselem, Kay
Sent: Wednesday,January 29,2014 4:09 PM
To: Martha S.Vergara; Neet,Virginia;Ashton, Heidi; Rodriguez,Wanda
Subject: RE: PUDA-P120120002855&DOA-PL20120002856-Winding Cypress PUD&DRI
OK by me.
Kay Deselem,AICP, Principal Planner
Zoning Services--Planning&Zoning Department Growth Management Division--Planning&Regulation
2800 N. Horseshoe Drive
Naples, FL 34104
Phone: 239-252-2931 Fax: 239-252-6357
kavdeselem@colliergov.net
Original Message
From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com]
Sent:Wednesday,January 29,2014 3:14 PM
To: DeselemKay; NeetVirginia;AshtonHeidi; RodriguezWanda
Subject:PUDA-PL20120002855&DOA-PL20120002856-Winding Cypress PUD&DRI
Hello All,
Attached is the NDN ad proof please let me know of any changes.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239)252-7240
Fax: (239)252-8408
E-mail: martha.verearaClcollierclerk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named
addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the
intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained
in this message.
Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of
the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by
emailing helodeskPcollierclerk.com,quoting the sender and delete the message and any attached documents.The
1
r
Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and
attachments having left the CollierClerk.com domain.
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing.
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing.
2
9A + ♦
Martha S.Vergara
From: Neet,Virginia
Sent: Friday,January 31,2014 12:57 PM
To: Martha S.Vergara
Subject: FW: PUDA-PL20120002855 &DOA-PL20120002856-Winding Cypress PUD&DRI
Attachments: UASF32 jpg
Importance: High
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone(239)252-8066-Fax(239)252-6600
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing.
-----Original Message
From:AshtonHeidi
Sent: Friday,January 31,2014 12:54 PM
To: NeetVirginia
Cc:BonhamGail
Subject: FW:PUDA-PL20120002855&DOA-PL20120002856-Winding Cypress PUD& DRI
Importance: High
This is good to go.
Heidi Ashton-Cicko
Heidi Ashton-Cicko
Managing Assistant County Attorney
3299 Tamiami Trail East,Suite 800
Naples, FL 34112
(239)252-8400
Original Message
From: BonhamGail
Sent: Friday,January 31,2014 11:39 AM
To:AshtonHeidi
Subject:FW: PUDA-PL20120002855&DOA-PL20120002856-Winding Cypress PUD& DRI
Importance: High
Heidi, Dinny needs your approval on these 2 items.
Thanks
1
Gail Bonham, Legal Secretary 9 _4
OFFICE OF THE COUNTY ATTORNEY
3299 East Tamiami Trail,Suite 800
Naples,Florida 34112
Telephone-239.252.8400
gailbonham @colliergov.net
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing.
-----Original Message---
From: NeetVirginia
Sent:Thursday,January 30,2014 9:00 AM
To:AshtonHeidi; BonhamGail; RodriguezWanda
Subject: FW: PUDA-PL20120002855&DOA-PL20120002856-Winding Cypress PUD& DRI
For your approval
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone(239)252-8066-Fax(239)252-6600
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing.
Original Message----
From: Martha S.Vergara (mailto:Martha.VerRara @collierclerk.coml
Sent:Wednesday,January 29,2014 3:14 PM
To: DeselemKay;NeetVirginia;AshtonHeidi; RodriguezWanda
Subject: PUDA-PL20120002855&DOA-PL20120002856-Winding Cypress PUD& DRI
Hello All,
Attached is the NDN ad proof please let me know of any changes.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239)252-7240
Fax: (239)252-8408
E-mail: martha.vergara(Mcollierclerk.com
Please visit us on the web at www.collierclerk.com
2
IA •4
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intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained
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3
9
Tt)Dpf4t,20/2_0002.8556h0
DoAw2� �
\kJIha tiicJ 1 E✓ 5
NOTICE OF MEETING NOTICE OF MEETING
Nom OF ORDINANCE AND A DEVELOPMENT ORDEIVRESOLUTION
Notice is hereby that on Tuesday.February 23.2014 in the Board of County
Commissioners Room,Third Floor, Collier Center, 3299 East
Tamiami Tral N the Board of County Ca �I consider
the assortment of a County__Ordinance and a Development ution.The
meeting will commence at 9:00 A.M.The title of the proposed Ordinance and the
Development OrderMaolution are as follows:
AN.ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER
COUNTY,FLORIDA,AMENDING ORDINANCE NUMBER 02-35,AS AMENDED,THE
WINDING CYPRESS PLANNED UNIT DEVELOPMENT(PUD),BY INCREASING THE
NUMBER Of RESIDENTIAL DWELU NG UNITS FROM 2.300 TO 2,856 BY INCREASING
THE- RESIDENTIAL DEVELOPMENT AREA BY 44 ACRES TO 462 ACRES; BY
INCREASING THE •E CENTER ACREAGE BY 2 ACRES FOR A TOTAL OF 17
ACRES; BY WW.ABNIG THE GROSS FLOOR AREA OF THE VILLAGE CENTER
DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL OF 50,000 SQUARE FEET;BY
_
INCREASING TINE. 'OF LAKES FRCHM 235 IBS TO 272 ACRES; BY
REMOVING THE 164 ACRES OF GOLF AREA AND ELIMINATING THE 1$-HOLE GOLF remotys AREA BY A4 ACRES TO 640 ACREE,BY
COURSE BY E NG NNF f WATERWAYS,CANAL AND MAL EASEMENTS FROM 180
ACRES TO 119 PROVIDIKdOR.MDDMON OF WINDING CYPRESS MASTER
P LAN,ma„ B AC# TO EOTNIT A;PROVIDING FOR ADDITION OF EXHIBIT C.BICYCLE
AND PEDESTRIAN MASTER PLAIt PROVIDING FOR LIST OF DEVIATIONS AND
PROVIDING AN QUADRANT ((1 THE SUBhCTOP�EMAM1!TIC LOCATED AT THE
NORTHEAST AND R,� ANGE 2 EAT,AND 15EC IONS 2 AND 3,�TOWNSHIP 57 OUTT4�El1 EAST RANGE
26 EAST20002 COWER COUNTY, FLORIDA, CONSISTING OF 1.928 ACRES. (PUDA-
RESOUMON NO. 99467. AS AMENDED
A RESOLUTION FOR THE WEWIiG CYPRESS DEVELOPMENT O#
REGIONAL M'ACT PROVIDING .FOR SECTION ONE, AMENDMENTS TO
DER
DEVELOPMENT OR BY INCRI?ASEIG THE NUMBER OF RESIDENTIAL.DWELLING
UNITS MOM 2,300 TO 2.156 BY INCEASING THE RBOENT AL DEVELOPMENT
AREA BY 44 ACRES TO 492 ACES;BY INCREASING THE VILLAGE CENTER ACREAGE
B Y 2 ACES FOR A TOTAL OF 17 ACRES;BY INCREASING THE GROSS FLOOR AREA
OF THE VILLAGE CENTER DISTRICT BY 2BOMBE 000 BOMBE FEET FOR A TOTAL OF 50,000
ABFEET•BY INCREASING THE ACREAGE OF LAKES FROM 235 ACRES TO 272
BY II MOVING THE 164 ACRES OF GOLF AREA AND ELRGINATRIG THE
1 GOLF BY.INC INCREASING THE PRESERVE AREA BY 44 ACRES TO$10
ACRES;BY BUFFERS,WATERWAYS,CANAL AND PEAL EASEMENTS
FROM 180 ACRES TO 219 ACRES; BY EXTENDING THE BUILD-OUT DATE TO
DECEMBER 31,2020 AND EX PINATION DATE TO DECEMBER 31,2025;AND BY
AMENDING THE MASTER PAN;BY PROVIDING FOR SECTION TWO,FINDINGS OF
FACT,SECTION THREE,CONCLUSIONS OF LAW;AND SECTION FOUR.EFFECT OF
PREVIOUSLY ISSUED DEVELOPMENT ORDERS,ECONOMIC OPPORTUNITY AND 'EFFECTIVE DATE. THE TRANSMITTAL PROPERTY R IS
LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OP TAMYUMI
TRAIL EAST(US-41)AND COWER'BOULEVARD(CR-951)IN SECTIONS M 34 AND
TOOWNSHIP 50 SOUTH,RANGE 26 EAST,AND SECTIONS 2 AND 3,TOWNSHIP 51
ACRES., 1 COWER COUNTY,FLORIDA,CONSISTING OF 1,928+/-
Copies of the proposed Ordinance and'Resolution are.on file wish the Clerk to the
Board and are available for Inspection. All interested parties are invited to attend
and be heart...
NOTE All persons wishing to speak on any agenda item to register r with the
County manager prior to-presentation the agenda
Individual smokers will be United to 3 minutes on any item. The selection of an
indMdld to weak pat.WO of an organization or group is encouraged. if
to rr a Chairman,a spokesperson for a group or organization may be
n9
Persons wishing to have written or graphk'materials included In the Board agenda
packets Must sub it'aaid material a minimum of 3 weals prior'to the
public ha rig. In any Case,written materials Intended to be considered the
Board
'kW be submittal to the appropriate County staff a minimum of seven days
.prior to the public heerbsg •All material used in presentations before the Board
will become a psamaneht part
tpoffethe record.
proceedings person s p�ertai thereto and therefore,may n�to will ensure that
the proceedings is made, which record lndudn the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding,you are entitled,at no cost to you,to the provision
Of certain assistance. Please contact the Collier County Facilities Management
located at 3335 Tamii�ami Trail'East.Suite 101,Napes.FnL.y341125356.
252 at least two days the eadng Impaired are available in the Board of CCotiunntY Commissioners Off{ced . for
BOARD OF COUNTY COMMISSIONERS
COWER COUNTY,FLORIDA '
TOM HENNING.,CHAIRMAN
DWIGHT L INIOOCaIr4�RERK Cle
imammm�a.MS& Deputy * - Nn 2014M3
•
•
■ 9A
NOTICE OF INTENT TO CONSIDER ORDINANCE AND A
Naples Da DEVELOPMENT ORDER/RESOLUTION
Notice is hereby given that on Tu.say February 25,2014 ine the Board of County
Naples, F Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East
Tamiami Trail,Naples,FL,the Board of County Commissioners(BCC)will consider
the enactment of a County Ordinance and a Development Order/Resolution. The
Affidavit of meeelopmeill commence atio:0a a aM.Thoee title of the proposed Ordinance and the
Naples Da i AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER
COUNTY.FLORIDA.AMENDING ORDINANCE NUMBER 02-35.AS AMENDED,THE
WINDING CYPRESS PLANNED UNIT DEVELOPMENT(PUD), BY INCREASING THE __
• NUMBER OF RESIDENTIAL DWELLING UNITS FROM 2,300 TO 2,854;BY INCREASING
THE RESIDENTIAL y DEVELOPMENT AREA BY 44 ACRES TO 492 ACRES; BY
BCC/ZONING DEPARTMENT INCREASING(NCR NGG THE BY 2 Of THE FOR TOTAL OF
FINANCE DEPARTMENT DISTRICT-BY 20,000
HE ACREAGEEOF LAKES �M 35 ACRESOTSQUARE
272 ACRESSE FEET; BY
REMOVING THE 164 ACRES OF GOLF AREA AND ELIMINATING THE 1B-HOLE GOLF
3299 TAM I AM I TRL E #700 COURSE;BY INCREASING THE PRESERVE AREA BY 44 ACRES TO 340 ACRES;BY
NAPLES FL 34112 AR TO INCREASING 19 ACRES;WATERWAYS.FOR CANAL AND FP&L ADDITION OF WINDINGMCYPRESS MASTER
PLAN,TRACT B TO EXHIBIT A;PROVIDING FOR ADDITION Of EXHIBIT C,BICYCLE
AND PEDESTRIAN MASTER PLAN; PROVIDING FOR UST OF DEVIATIONS; AND
PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED AT THE
NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAMI TRAIL EAST(US 41)
AND COWER REFERENCE: 068779 4 5 0 014 6 7 6 9 SOUTH,RANGE 8O26 EAST,AND SECTIONS 22 AND"3,2TOWNSH P 51'SOUTH,MR TOWNSHIP
26 EAST, COLDER COUNTY, FLORIDA, CONSISTING OF 1.928 ACRES. (PUDA-
59739256 NOTICE OF INTENT P120120002855)
State of Florida A RESOLUTION AMENDING RESOLUTION NO. 99-467, AS AMENDED.
County of Collier (DEVELOPMENT ORDER 99-4) FOR THE WINDING CYPRESS DEVELOPMENT OF
REGIONAL IMPACT BY PROVIDING FOR SECTION ONE, AMENDMENTS TO
Y DEVELOPMENT ORDER BY INCREASING THE NUMBER OF RESIDENTIAL DWELLING
Before the undersigned authority, eZ UNITS FROM 2,300 O 2,854:BY INCREASING THE RESIDENTIAL DEVELOPMENT
9 Y r P AREA BY 44 ACRES To 492 ACRES;BY INCREASING THE VILLAGE CENTER ACREAGE
appeared Robin Calabrese, who on oath E BY 2 ACRES FOR A TOTAL OF I7 ACRES;BY INCREASING THE GROSS FLOOR AREA
PP OF THE VILLAGE CENTER DISTRICT BY 20,000 SQUARE FEET FORA TOTAL OF 50,000
she serves as the Advertising Director SQUME FEET:BY INCREASING THE ACREAGE OF LAKES FROM 235 ACRES TO 272
ACRES;BY REMOVING THE 164 ACRES OF GOLF AREA AND ELIMINATING THE
Naples e s Da i 1 News, a daily 1 newspaper l 13-HOLE GOLF COURSE;BY INCREASING THE PRESERVE AREA BY m ACRES O E411
P Daily Y P ACRES;BY INCREASING BUFFERS,WATERWAYS,CANAL AND FPBL EASEMENTS
Naples, in Collier County, Florida: tr. PROM 180 ACRES TO 219 ACRES; BY EXTENDING THE Be31,2025;101 UT
P Y DECEMBER 31,2020 AND EXPIRATION DATE O DECEMBER 31, BY
attached copy of advertising was public A'IR"SAT E.CO CLUSINPS of L W;ANDSSE�mONFOUR. Ct OOFF
newspaper on dates 1 i s t e d. PREVIOUSLY ISSUED DEVELOPMENT ORDERS.TRANSMITTAL TO DEPARTMENT OF
ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS
Affiant further says that the said Na LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF TAMWIM
Y TRAIL EAST(US-41)AND COWER BOULEVARD(CRA51)IN SECTIONS 26,34 AND
News is a newspaper published at Naples TOWNSHIP 50 SOUTH,RANGE 26 EAST,AND SECTIONS 2 AND 3,TOWNSHIP 51
SOUTH,RANGE 26 EAST,COWER COUNTY, FLORIDA,CONSISTING OF 1,928+/-
Collier County, Florida, and that the s ACRES.(DOAPL20120002856)
newspaper has heretofore been cont inuou Copies of the proposed Ordinance and Resolution are on file with the Clerk to the
published in said Collier County, Fl or i end be heard a available for inspection. All interested parties are Invited to attend
day and has been entered as second clas NOTE: All persons wishing to speak on any agenda item must register with the
County manager prior to presentation of the agenda item to be addressed.
matter at the post office in Naples, in Indies dual speakers will be limited to 3 minutes en any Item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
Collier County, Florida, for a period o recognized o�yy the Chairman,a spokesperson fora group or organization may be
next preceding the first publication of albttedlomtnuteetospeakonanrtem.
Persons wishing to have written or graphic materials Included in the Board agenda
attached copy of advertisement; and aff packets must submd said material a minimum of 3 weeks prior to the resppeective
Public hearing. In any cue, written materials intended to be considered by the
further says that he has neither paid n Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
promised any person, firm or corporatio wiil become a permanent part of the record.
discount, rebate, commission or refund Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore,may need to ensure that a verbatim
purpose of securing this advertisement record of the proceedings is made, which record includes the testimony and
publication in the said newspaper, evidence upon whkh the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding,you are entitled,at no cost to you,to the provision
PUBLISHED ON: 02/05 of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East Suite 101.Naples, FL,34112-5356,
(239)252.8380,at least two days prior to the meeting.Assisted listening devices for
the hearing impaired are available In the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
TOM HENNING.CHAIRMAN
DWIGHT E.BROCK,CLERK
By:Martha Vergara,Deputy Clerk No 2014841
February 5 7014
AD SPACE: 146 LINE
FILED ON: 02/05/14
I Signature of Affiant
i''
�
Sworn to and Subscribed .e, ore m= • ,ii day of didflat,0 A-(7
ndPersonally known by me / il Li•
ti ' :_ MY COMMISSION e EE POL1DORA 851758
. EXPIRES:November 28,2014
-µ I'V Bonded Thu Pickard Insurance Agency
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP •
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO . t A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting. , w
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
HO" 31 ci
4. BCC Office Board of County
Commissioners AN / / -L��a11A
5. Minutes and Records Clerk of Court's Office ^1'h-1)(r\ -3'(b (N 4'(
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Kay Deselem Phone Number 252-2931
Contact/ Department
Agenda Date Item was 2/25/14 Agenda Item Number 9.A i/
Approved by the BCC
Type of Document Ordinance Ocd '2.0(14-'09 Number of Original 1
Attached le-‘460\CF\ P Documents Attached
PO number or account /
number if document is r/i■._
to be recorded -—
INSTRUCTIONS & CHECKLIS �-
Initial the Yes column or mark"N/A"in the Not Applicable column,whichev is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? AD
2. Does the document need to be sent to another agency for additional signatures? If yes, ,D
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be iVD
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's AD
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the ,D
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ,D
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip it-,0
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on February 25,2014and all changes made it'D
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready fo the \40;(.---''
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 9 r
Teresa L. Cannon n
To: countyordinances @dos.myflorida.com
Subject: CLL Ordinance 2014-009
Attachments: CLL20140225_ordinance2014_009.pdf
SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT
BOARD MINUTES& RECORDS DEPARTMENT
SENDER'S PHONE: 239-252-8411
COUNTY: COLLIER (CLL)
ORDINANCE NUMBER: 2014-009
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon@collierclerk.corn
' 9
A
MEMORANDUM
Date March 11, 2014
To: Kay Deselem, Principal Planner
Zoning and Land Development
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Validated Ordinance 2014-009: Winding Cypress PUD
Attached for your records is a copy of the ordinance referenced above (Item #9A)
adopted by the Board of County Commissioners on Tuesday, February 25, 2014.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
! 9A
MEMORANDUM
Date: March 11, 2014
To: Ernie Kerskie, Director
Office of the Property Appraiser
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Validated Ordinances 2014-009
Attached for your records is a copy of the documents referenced above, adopted by
the Board of County Commissioners on Tuesday, February 25, 2014.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
9A
ORDINANCE NO. 14- 09
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 02-35, AS AMENDED, THE
WINDING CYPRESS PLANNED UNIT DEVELOPMENT (PUD), BY
INCREASING THE NUMBER OF RESIDENTIAL DWELLING
UNITS FROM 2,300 TO 2,854; BY INCREASING THE
RESIDENTIAL DEVELOPMENT AREA BY 44 ACRES TO 492
ACRES; BY INCREASING THE VILLAGE CENTER ACREAGE BY
2 ACRES FOR A TOTAL OF 17 ACRES; BY INCREASING THE
GROSS FLOOR AREA OF THE VILLAGE CENTER DISTRICT BY
20,000 SQUARE FEET FOR A TOTAL OF 50,000 SQUARE FEET;
BY INCREASING THE ACREAGE OF LAKES FROM 235 ACRES
TO 272 ACRES; BY REMOVING THE 164 ACRES OF GOLF AREA
AND ELIMINATING THE 18-HOLE GOLF COURSE; BY
INCREASING THE PRESERVE AREA BY 44 ACRES TO 840
ACRES; BY INCREASING BUFFERS, WATERWAYS, CANAL
AND FP&L EASEMENTS FROM 180 ACRES TO 219 ACRES;
PROVIDING FOR ADDITION OF WINDING CYPRESS MASTER
PLAN, TRACT B TO EXHIBIT A; PROVIDING FOR ADDITION
OF EXHIBIT C, BICYCLE AND PEDESTRIAN MASTER PLAN;
PROVIDING FOR LIST OF DEVIATIONS; AND PROVIDING AN
EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT
THE NORTHEAST QUADRANT OF THE INTERSECTION OF
TAMIAMI TRAIL EAST (US 41) AND COLLIER BOULEVARD
(CR-951) IN SECTIONS 26, 34 AND 35, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, AND SECTIONS 2 AND 3, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
CONSISTING OF 1,928 ACRES. [PUDA-PL20120002855]
WHEREAS, Developer, DiVosta Homes, LP, represented by Anita Jenkins, AICP of
J.R. Evans Engineering, P.A. and Richard Yovanovich, Esquire of Coleman, Yovanovich &
Koester, P.A. petitioned the Board of County Commissioners to amend the PUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to PUD Document.
The PUD Document attached as Exhibit "A" to Ordinance No. 02-35, as amended, is
hereby amended and replaced with the PUD Document attached hereto as Exhibit "A" and
incorporated herein.
Winding Cypress PUD Page 1 of 2
PUDA-PL20120002855—Rev. 2/11/14
CA
9A
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this x541' day of re.' ; , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER CO Tfi FLORIDA
De ai" lerlc TOM HENNI C, Chairman
--Attest als t0 Chaarniaa's
�9nafure only
Appr ved as to form and legality:
t cit fp,c.
H idi Ashton-Cicko y
Managing Assistant County Attorney
Attachment: Exhibit A - PUD Document
CP\13-CPS-01228\37
This ordinance fed■ with the
Secretary of Stcte's Office the
VV-N"f iov of n
P .
and cck,:owlc.:;;e..,1,.;r4:14cif tkct
Iin:j r c' ,e1 i'`r;;S It day
of ,
By Deputy Clerk
Winding Cypress PUD Page 2 of 2
PUDA-PL20120002855—Rev.2/11/14
CA
9* ¢ �
WINDING CYPRESS
A
PLANNED UNIT DEVELOPMENT
Approximately 1,928±Acres
Sections 26, 34, and 35
Township 50 South, Range 26 East
and Sections 2 and 3
Township 51 South, Range 26 East
Collier County, Florida
PREPARED FOR:
Barron Collier Company, Ltd. DiVosta Homes, LP
24311 Walden Center Drive, Suite 300
Suite 200 N., Dlec7L34105,Bonita Springs, FL 34314
PREPARED BY:
J.R. Evans Engineering, P.A.
3200 Bailey Lane, Suite 200 23150 Fashion Drive, Ste. 242
Estero, Florida 33928
and
Young, van Assenderp, Varnadoe&Anderson, PA Coleman Yovanovich & Koester, P.A.
- e- e • -, - - -e e 001 Tamiami Trail North, Suite 300
NaplesF-L--34-1-08 Naples, Florida 34103
DATE FILED 9/2/99
DATE APPROVED BY CCPC 12/2/99
DATE APPROVED BY BCC 12/14/99
ORDINANCE NUMBER 99-93
DATE AMENDMENT FILED 3/18/02
DATE APPROVED BY CCPC 6/10/02
DATE APPROVED BY BCC 6/25/02
ORDINANCE NUMBER 02-35
SCRIVENER'S ERROR CORRECTED 10/8/02
ORDINANCE NUMBER 02-48
DATE APPROVED BY BCC 11/5/09
ORDINANCE NUMBER 09-61
DATE AMENDMENT FILED 5/10/2013
PUDA-PL20120002855 Winding Cypress PUD Amendment 2/6/14 Page 1 of 46
9A
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE ii
SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP,
AND GENERAL DESCRIPTION 1-1
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III RESIDENTIAL DISTRICT (TRACT A AND TRACT B) 3-1
SECTION IV VILLAGE CENTER DISTRICT 4-1
SECTION V -e - - -e -e - ' - , A ` RECREATIONAL DISTRICTS 5-1
SECTION VI PRESERVE DISTRICT 6-1
SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7-1
EXHIBIT A WINDING CYPRESS MASTER PLAN (Ordinance 02-35) and
WINDING CYPRESS MASTER PLAN, TRACT B
EXHIBIT B LEGAL DESCRIPTION
EXHIBIT C BICYCLE AND PEDESTRIAN MASTER PLAN
EXHIBIT D MAP SHOWNING AMENDMENT AREA PER ORD. 09-61
EXHIBIT E TYPICAL PATIO OR ZERO LOT LINE SETBACK DETAIL PER ORD 09-61
EXHBIT F LIST OF DEVIATIONS
PUDA-PL20120002855 Winding Cypress PUD Amendment 2/6/14 Page 2 of 46 CA 0
! 9A
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of Barron Collier Company, Ltd., its
successors and assigns (the Developer), to create a Planned Unit Development (PUD) on 1,928±
acres of land located in Sections 26, 34, and 35, Township 50 South, Range 26 East, and
Sections 2 and 3 Township 51 South, Range 26 East, Collier County, Florida. The name of this
Planned Unit Development shall be Winding Cypress. The development of Winding Cypress will
be in compliance with the planning goals and objectives of Collier County as set forth in the
Growth Management Plan. The development will be consistent with the growth policies and land
development regulations adopted there under of the Growth Management Plan Future Land Use
Element and other applicable regulations for the following reasons:
1. The subject property is within the Urban Residential Fringe Subdistrict as identified on the
Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE).
The purpose of the Urban Residential Fringe Subdistrict is to provide transitional density of 1.5
dwelling units per acres, between permitted higher density areas to the west (four units per
acre base density) and the agricultural/rural areas to the east (one unit per five acres).
2. The Growth Management Plan qualifies the subject property for a maximum density of 1.5
units per acre, and the Project is planned for a maximum density of 41.4 units per acre,
subject to the condition that the proposed development shall be fully responsible for all
necessary water management improvements, including the routing of all on-site and
appropriate off-site water through the project's water management system, and a fair share
cost of necessary improvements to the CR 951 canal out-fall system made necessary by new
development in the area.
3. The commercial uses within the Village Center District are consistent with the PUD
Neighborhood Village Center Subdistrict of the FLUE.
4. Winding Cypress is compatible with and complementary to existing and future surrounding
land uses as required in Policy 5.4 of the FLUE.
5. Improvements are planned to be in compliance with applicable land development regulations
as set forth in Objective 3 of the FLUE.
6. The development of Winding Cypress will result in an efficient and economical extension of
community facilities and services as required in Policies 3.1.H and L of the FLUE.
7. Winding Cypress is a large scale functionally interrelated community, and is planned to
encourage ingenuity, innovation and imagination as set forth in the Collier County Land
Development Code (LDC) Planned Unit Development District.
SHORT TITLE
This Ordinance shall be known and cited as the"WINDING CYPRESS PLANNED UNIT
DEVELOPMENT ORDINANCE."
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SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of Winding
Cypress, and to describe the existing conditions of the property proposed to be developed.
1.2 LEGAL DESCRIPTION
The legal description of the Winding Cypress Planned Unit Development property is
attached hereto and incorporated by reference herein as Exhibit "B."
1.3 PROPERTY OWNERSHIP
The subject property is currently under the equitable ownership of Barron Collier
Company, ltd.; a Florida General Limited Partnership; and Barron Collier Investments
Ltd., whose addresses areis 2600 Golden Gate Parkway, Suite 200, Naples, FL 34105;
DiVosta Homes, LP, whose address is 24311 Walden Center Drive, Suite 300, Bonita
Springs, FL 34134, and individual property owners within the DiVosta VeronaWalk
Community. Detailed ownership information is provided on the Winding Cypress PUD
Amendment Application.
1.4 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Sections 26, 34, and 35, Township 50 South, Range
26 East, and Sections 2 and 3 Township 51 South, Range 26 East, and is
generally bordered on the west by the C.R. 951 canal, the Florida Water Services
borrow pit lakes, C.R. 951, and Lely, A Resort Community PUD; on the north by
Sabal Palm Road, a plant nursery, and single family residences; on the east by
Agriculturally zoned and unplatted property, the Picayune State Forest, and Naples
Reserve Golf Club PUD; and on the south, the U.S. 41 canal, U.S. 41,
agriculturally zoned property, Greystone Trailer Park, San Marco Catholic Mission,
and a small convenience commercial store. The location of the site is shown on
Map A of the Winding Cypress Application for Development Approval.
B. The zoning classification of the subject property at the time of the original PUD
application was "A" (Rural Agricultural).
C. Elevations within the site are approximately 12.0 feet NGVD and a minimum
elevation of approximately 4.0 feet NGVD. The site is located in Zone X for the
northern half of the project and AE-7 for the southern half of the project (FEMA
FIRM Map Panels No. 120067-061D and 120067-0620D, dated June 3, 1986).
Topographic mapping is shown on Map C of the Winding Cypress Application for
Development Approval.
D. Previous and existing activities on site are primarily related to agriculture and
hunting. The site has been, and is currently used, for cattle grazing and has active
hunting leases in place.
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E. The soil types on the site generally include Holopaw fine sand, Malabar fine sand,
Oldsmar fine sand limestone substratum, Pineda fine sand limestone substratum,
and Boca fine sand. Soil Conservation Service mapping of soil types is shown on
Map E of the Winding Cypress Application for Development Approval.
F. Prior to development, vegetation on site primarily consists of upland, wetland, and
exotic species. Detailed vegetation mapping is shown on Map F of the Winding
Cypress Application for Development Approval.
G. The project site is located within the Henderson Creek sub-basin, as depicted
within the Collier County Drainage Atlas (May, 1996). The Stormwater
Management Master Plan is shown on Map I of the Winding Cypress Application
for Development Approval.
1.5 DEVELOPMENT OF REGIONAL IMPACT
Due to its scope, Winding Cypress has been reviewed and approved by Collier County
pursuant to Section 380.06, Florida Statutes, as a Development of Regional Impact(DRI).
1.6 DENSITY
Winding Cypress is to be developed on 1,928± acres in southeastern Collier County. The
number of dwelling units proposed to be constructed is 2,300 2,854 units. The gross
project density, therefore, will be a maximum of 1,2 1.4 units per acre.
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for Winding
Cypress, and to identify relationships to applicable County ordinances, policies, and
procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. Winding Cypress, a master planned community, will include a range of single
family and multi-family housing and recreation golf related amenities, along with a
Village Center, which will provide many services and facilities that support its
residents, including, but not limited to club facilities, community meeting rooms,
small scale neighborhood commercial goods and services, and a recreation
center.
B. The Master Plan is illustrated graphically on Exhibit "A" (WMB&P, Inc. File No. E
0506 22). A Land Use Summary indicating approximate land use acreages is
shown on the plan. The location, size, and configuration of individual tracts shall
be determined at the time of ' - •• - -- -- . -• - - -- - - •
adjustments at the timc of Final Plat approval, in accordance with Section 3.2.7.2,
e€the LDC.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of Winding Cypress shall be in accordance with the
contents of this PUD Ordinance, and to the extent they are not inconsistent with
this PUD Ordinance, applicable sections of the LDC and Collier County Growth
Management Plan which are in effect at the time of issuance of any development
order, to which said regulations relate which authorizes the construction of
improvements, such as but not limited to, Final Subdivision Plat, Final Site
Development Plan, Excavation Permit and Preliminary Work Authorization. Where
this PUD Ordinance does not provide developmental standards, then the
provisions of the specific section of the LDC, that is otherwise applicable, shall
apply.
B. Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the LDC in
effect at the time of development order application.
C. Development permitted by the approval of this PUD will be subject to Division 3.15,
Chapter 6.02.00 Adequate Public Facilities Code of the Collier County Land
Development Code.
D. Unless modified, waived or excepted by this PUD or by subsequent request, the
provisions of other applicable sections of the Land Development Code remain in
effect with respect to the development of the land which comprises this PUD.
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E. All conditions imposed herein are part of the regulations which govern the manner
in which the land may be developed.
F. Divisiebdivisielas Chapter 10.02.04, Requirements For Plats, of the LDC
shall apply to Winding Cypress, except where an exemption is set forth herein, or
otherwise granted pursuant to LDC Sc
G. Division 3.3Chapter 10.02.03., Site Development Plans, of the LDC shall apply to
Winding Cypress, except where an exemption is set forth herein or otherwise
granted pursuant to LDC Section 3.3.1
2.4 COMMUNITY DEVELOPMENT DISTRICT
A. The Developer may elect to petition to establish a Community Development District
(CDD) to provide and maintain infrastructure and community facilities needed to
serve the Project. The CDD will constitute a timely, efficient, effective, responsive
and economic way to ensure the provision of facilities and infrastructure for the
proposed Development. Such infrastructure, as will be constructed, managed and
financed by such a CDD, shall be subject to, and shall not be inconsistent with, the
Collier County Growth Management Plan and all applicable ordinances dealing
with planning and permitting of Winding Cypress.
B. The land area is amenable to infrastructure provision by a district that has the
powers set forth in the charter of a Community Development District under Section
190.006 through 190.041, Florida Statutes. Such a district is a legitimate
alternative available both to the County and to the landowner for the timely and
sustained provision of quality infrastructure under the terms and conditions of
County development approval.
C. The area of land which will be within a CDD is of sufficient size, is sufficiently
compact and is sufficiently contiguous to be developed as one functional inter-
related community, and is amenable to separate special district government.
Establishment of a CDD is not inconsistent with the Collier County Growth
Management Plan. There will not be any incompatibility between systems,
facilities and services that may be provided by a CDD and similar systems,
facilities and services which may, as of the time of Planned Unit Development
zoning approval, be provided by a local or regional governmental entity (both as to
capacity and use). A CDD is a legitimate alternative method available for use by
private and public sectors under state law to manage and finance basic systems,
facilities and services for community development. Any developer obligation in the
development order or Planned Unit Development zoning documents may be
undertaken alternatively by a CDD if related to the special powers of the CDD.
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2.5 ROADWAYS
Standards for roads shall be in compliance with the applicable provisions of the LDC
regulating subdivisions, unless otherwise modified, waived or excepted by this PUD-ef
_ -. . . _ - ••• _ --__ _ - - - __ _ _ . The Developer reserves the right
to request substitutions to Code design standards in accordance with Section
'Chapter 10.02.04. of the LDC. The Developer retains the right to establish gates,
guardhouses, other access controls, signs and monuments (per Section 2.18 of this
document) as may be deemed appropriate by the Developer on all privately owned and
maintained project roadways. Tract A and Tract B shall be served by separate main
entrances, security and access control structures, such as gate houses and control pates.
A. Roadways within Winding Cypress shall be designed and constructed in
accordance with Section 3.2.8.4.16Chapter 6.06.01. of the LDC with the following
substitutions:
1. LDC Scction 3.2.8.4.16.5.Chapter 6.06.01.0. - Street right-of-way width:
The minimum right-of-way width to be utilized for a local street within
Winding Cypress shall be forty(40)feet.
2. LDC Section 3.2.8.4.16.8.Chapter 6.06.01. - Intersection radii: Street
intersections shall be provided with a minimum of a twenty (20) foot radius
(face of curb) for all internal project streets and a thirty-five (35) foot radius
for intersections at project entrances. Fire access lanes shall comply with
applicable federal, state and/or local codes in effect at the time of final site
development plan approval.
3. LDC Scction 3.2.8.4.16.10.Chapter 6.06.01. - Reverse Curves: Tangents
shall not be required between reverse curves on any project streets.
4. LDC Section 3.2.8.4.16.6.Chapter 6.06.01.- Maximum cul-de-sac length
shall be 2,700 feet. When islands are to be installed within a cul-de-sac, an
inside edge of pavement with a radius of no greater than twenty (20) feet
shall be required. Cul-de-sacs shall comply with applicable federal, state
and/or local codes in effect at the time of final site development plan
approval.
B. It is the intent of the developer to create a safe, convenient and attractive
pedestrian circulation system throughout Winding Cypress. To enable the design
of this system to respond to site specific conditions such as the retention of native
vegetation and master plan features, and to avoid the construction of sidewalks
which serve no function, flexibility is needed beyond that provided by the LDC.
Therefore, sidewalks and bike paths shall conform with Exhbit C, The Bicycle and
Pedestrian Master Plan.Section 3.2.8.3.17.Chapter 6.06.02. of the LDC except ac
fellows
B.
1. LDC Section 3.2.8.3.17.2.Chapter 6.06.02.A.2. The Winding Cypress primary
a minimum eight foot (8') wide pathway on at least one side of the street that will
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pathway. The Winding Cypress primary road system in Tract A shall be
concrete sidcwalk/bikcpath on one side of all streets. An internal pedestrian
2. LDC Section 3.2.8.3.17.3.Chaptcr 6.06.02.A.3. Internal local streets other than
pathway on one side of the street. These pathways will interconnect with the
3. LDC Section 3.2.8.3.17.3.Chapter 6.06.02.A.3. Cul de saw shall not be required
a) the right of way section shall include two twelve foot (12') wide travel lanes, with
two foot (2') curbs, and the grow density of the cul de sac shall be less than two
(2) units per acre.
2.6 LAKE SETBACK AND EXCAVATION
A. An excavation permit will be required for the proposed lakes in accordance with
Division 3.5 Chapter 3.05.10 of the LDC and SFWMD Rules and Ordinance no.
04-55. The minimum lake setbacks from lakes to roadways shall be 20 feet from
the back of the curb to the edge of water. The minimum lake setback from lakes
to the Project boundary shall be 20 feet to the edge of the water.
B. Upon receipt of.a development excavation permit, all lakes greater than one (1)
acre may be excavated to the maximum commercial excavation depths set forth
in Section 3.5.7.3.1Chapter 3.05.10. of the LDC, and Ordinance 04-55; however,
removal of offsite fill and rock from Winding Cypress shall be administratively
permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum),
unless a commercial excavation permit is issued.
C. Commercial excavation and offsite hauling of up to 500,000 cubic yards of rock
and fill materials shall be a permitted use within this PUD subject to the receipt of a
commercial excavation permit which shall be administratively processed by the
Planning Services Director.
2.7 USE OF RIGHTS-OF-WAY
Utilization of lands within all internal project rights-of-way for landscaping, decorative
entrance ways, and signage shall be allowed subject to review and administrative approval
by the Developer and the designated Collier County staff Planning Services Director for
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engineering and safety considerations during the development review process and prior to
any installations.
2.8 MODEL HOMES/SALES CENTERS/CONSTRUCTION OFFICES
Model homes, sales centers, sales offices, construction offices, and other uses and
structures related to the promotion and sale of real estate including, but not limited to,
pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted
principal uses throughout Winding Cypress. These uses may be either wet or dry
facilities. These uses shall be subject to the requirements of Section 2.6.33.4Section
3,2,6,3,6 the LDC, with the exception that six(6) wet or dry models for each of Tract A and
Tract B (total of twelve (12) models) shall be allowed within the project's sales center
areas, and the temporary use permit shall be valid through the buildout of the project with
no extension of the temporary use required. These uses may use septic tanks or holding
tanks for waste disposal subject to permitting under F.A.C. 64E-6, and may use potable or
irrigation wells. Offices located in permanent structures shall be required to connect to the
central utility system at the time it becomes available.
2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as
provided in Section 2.7.3.5 the LDC. Minor changes and refinements as described herein
may be made by the Developer in connection with any type of development or permit
application required by the LDC.
The designated Collier County staff shall be authorized to
approve minor changes and refinements to the Winding Cypress Master Plan upon written
request of the Developer.
A. The following limitations shall apply to such requests:
1. The minor change or refinement shall be consistent with the Collier County
Growth Management Plan and the Winding Cypress PUD document.
2. The minor change or refinement shall not constitute a substantial change
pursuant to Section 2.7.3.5.1 the LDC.
3. The minor change or refinement shall be compatible with adjacent land
uses and shall not create detrimental impacts to abutting land uses, water
management facilities, and conservation areas within or external to the
PUD.
B. The following shall be deemed minor changes or refinements:
1. Reconfiguration of lakes, ponds, canals, or other water management
facilities, where such changes are consistent with the criteria of the South
Florida Water Management District and Collier County.
2. Internal realignment of rights-of-ways, other than a relocation of access
points to the PUD itself, where water management facilities preservation
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areas, or required easements are not adversely affected or otherwise
provided for.
3. Reconfiguration of parcels and golf coursc where preservation areas are
not adversely affected.
4. Changes due to SFWMD, U.S. Army Corps of Engineers, or other
environmental permitting agencies.
C. Minor changes and refinements as described above shall be reviewed by
designated Collier County Sstaff to ensure that said changes and refinements are
otherwise in compliance with all applicable County Ordinances and regulations
prior to the Planning Scrviccs Director'sadministrative consideration for approval.
D. Approval by the Planning Sorvinec Director designated Collier County staff of a
minor change or refinement may occur independently from and prior to any
application for Subdivision or Site Development Plan approval; however, such
approval shall not constitute an authorization for development or implementation of
the minor change or refinement without first obtaining all other necessary County
permits and approvals.
2.10 COMMON AREA MAINTENANCE
Most common area maintenance will be provided by a CDD or a property owners'
association, or a governmental agency. A CDD is a legitimate alternative for the timely
and sustained provision of quality common area infrastructure and maintenance under the
terms and conditions of a County development approval. For those areas not maintained
by a CDD, the Developer shall create a property owners' association or associations,
whose functions shall include provision for the perpetual maintenance of common facilities
and open spaces. A CDD or the property owners' association, as applicable, shall be
responsible for the operation, maintenance, and management of the surface water
management systems and preserves serving Winding Cypress, in accordance with the
provisions of Collier County Ordinance No. 90-48 and Resolution No. 90-292, together
with any applicable permits from the South Florida Water Management District.
2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Winding Cypress. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms 3:1
2. Ground covered berms 2:1
3. Rip-Rap berms 1:1 with geotextile mat
4. Structural walled and stacked rock berms-vertical
B. Fence or wall maximum height: Ten feet(10'), as measured from the finished floor
elevation of the nearest residential structure within the development. If a fence or
wall is constructed on a landscaped berm which includes materials to minimize the
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visual impact of the wall, the wall height shall be measured from the top of berm
elevation and shall not exceed eight feet(8') in height.
C. Upon submission of a typical cross-section, aerial, plan view, landscape plan and
vegetation removal permit application, designated Collier County staffthe-Raming
Services Director may approve landscape buffers, berms, fences and walls to be
constructed along the perimeter of the Winding Cypress PUD boundary prior to
site development plan submittal. Subsequent to
construction, all such areas must be included in an easement or tract on final plats,
or identified in a separate recorded instrument.
D. Fences or walls may be placed zero feet (0') from internal rights-of-way, provided
that shrubs are provided in the rights-of-way, pursuant to Section 2.7 of this PUD
Document, and may be located five feet (5') from project perimeter, and two feet
(2')from a preserve area.
E. Fences and walls which are an integral part of security and access control
structures, such as gate houses and control gates, shall be subject to the height
limitations for principal residential structures. In the case of access control
structures within rights-of-way adjoining two or more different districts, the more
restrictive height standard shall apply.
F. Pedestrian sidewalks and/or bike paths, water management systems, drainage
structures, signs and utilities are permitted in landscape buffers/easements.
G. Landscape berms located within the Winding Cypress PUD boundary and
contiguous to a property line and/or right-of-way line may be constructed such that
the toe of slope is located on the property line or within a right-of-way when
approved by the applicable owner or agency.
H. Internal recreational and community facilities do not require perimeter buffers.
2.12 CLEARING AND FILL STORAGE
Fill storage is generally permitted as a principal use throughout Winding Cypress. Fill
material may be transported and stockpiled within areas which have been disturbed
(farmed) or are shown as development areas on a Subdivision
Plat. Prior to stockpiling in these locations, the Developer shall provide written notification
notification to the designated Collier County staff.21anning Serv,cec Director In Tract B,•
-- - - - -- - -- -- - - - - - - 9- - -- --- • - -- ' •
0 -
the total developable area. No one phase shall be larger than thirty five percent (35%)
of the total developable area. Prior to County approval to clear and fill, the developer
time. The developer will not be permitted to clear and fill a subsequent phacc until the
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excavation in the previous phase is sectioned and certified complete by the engineer of
record.
The clearing and filling of the model center area, the main projcct entrance, the
southerly secondary entrance, and the construction staging area for the entire project
• _ .-. .
The following standards shall apply for all stockpiling on-site:
A. Stockpile maximum height: forty-five feet(45')
B. Stockpile maximum slide slopes: 2:1
C. Stockpiles areas in excess of ten feet(10') in height shall be separated from
developed areas by fencing, excavated water bodies or other physical barriers if
the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1).
D. Soil erosion control shall be provided in accordance with LDC, Division 3.7.
E. This section (Section 2.12) substitutes for the LDC section 3.2.8.3.6(b)Chapter
4.06.04.
- - . - - -
2442.13 AGRICULTURAL ACTIVITIES
The site is currently undeveloped or used for cattle grazing purposes, and associated and
accessory uses thereto. These existing agricultural uses shall be permitted to continue
throughout the project site and will be phased out as development occurs within individual
parcels.
2462.14 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Winding Cypress
PUD except in the Preserve Areas, unless specifically permitted in Section VI of this PUD
Document. General permitted uses are those uses which generally serve the residents of
Winding Cypress and are typically part of the common infrastructure or are considered
community facilities.
A. General Permitted Uses:
1. Essential services as set forth under LDC, Section 2.6.9.1._
2. Water management facilities and related structures.
3. Septic system for remote golf shelters.
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4.3. Lakes, including lakes with bulkheads or other architectural or structural
bank treatments.
6.4. Guardhouses, gatehouses, and access control structures.
6.5. Community and neighborhood parks, trails and recreational facilities.
7.6. Temporary construction, sales, and administrative offices for the Developer
and authorized contractors and consultants, including necessary access
ways, parking areas and related uses.
6.7. Landscape/hardscape features including, but not limited to, landscape
buffers, berms, fences, water features and walls subject to the standards
set forth in Section 2.11 of this PUD.
9.8. Fill storage, site filling and grading are subject to the standards set forth in
Section 2.12 of this PUD, except within Preserve areas.
49.9. Any other use which is comparable in nature with the foregoing uses, and
is approved through the process set forth in the Land Development Code at
the time of the request for such use
B. Development Standards:
Unless otherwise set forth in this document, the following development standards
shall apply to principal structures:
1. Guardhouses, gatehouses, signage and landscape features, and access
control structures shall have no required setback.
2. Setback from property lines:
Front: ten feet (10')
Side: five feet(5')
Rear: ten feet(10')
3. Minimum distance between structures which are part of an architecturally
unified grouping -five feet(5').
4. Minimum distance between unrelated structures-ten feet(10').
5. Maximum height of structures-thirty-five feet(35').
6. Minimum floor area - None required.
7. Minimum lot or parcel area - None required.
8. Sidewalks and bikepaths may occur within County required buffers,
however, the width of the required buffer shall be increased proportionately
to the width of the paved surface of the sidewalk, bikepath or cartpath.
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9. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within Winding Cypress development
standards, are to be in accordance with the LDC provision in effect at the
time this PUD is approved.
X2.15 OPEN SPACE REQUIREMENTS
The PUD Master Plan identifies approximately 840796 acres in the wetland/upland
preservation and enhancement areas which includes all agency-required buffers. In
addition, there are lakes, recreation, buffer and open spaces areas. These areas, in
conjunction with open space areas included within the Residential District, fully satisfy the
open space requirements of Section 2.6.32Chapter 4.02.01 of the LDC for mixed use
development. All acreages identified on the master plan are conceptual, and the
Developer reserves the right to modify the land use boundaries, so long as the
requirements of Section 2.6.32Chapter 4.02.01. of the LDC are met. This is not to be
construed to enable the reduction of any area which was specifically set aside in the
application for development approval for preservation, pursuant Chapter 380.06, Florida
Statutes.
X2.16 NATIVE VEGETATION RETENTION REQUIREMENTS
The 840796±wetland/upland preservation and enhancement areas on site fully satisfy the
requirements of Section 3.9.5.5.3Chapter 3.05.04. through Chapter 3.05.07. of the Collier
County Land Development Code.
X2.17 SIGNAGE
A. GENERAL
1. All Collier County sign regulations in force at the time of approval shall
apply unless such regulations are in conflict with the conditions set forth
in this section, in which case the PUD Document shall govern.
2. For the purpose of this PUD Document, each platted parcel shall be
considered a separate parcel of land and shall be entitled to any sign as
permitted herein.
3. Should any of the signs be requested to be placed within a County
dedicated right-of-way, a right-of-way permit must be applied for and
approved, except for signage pertaining to and/or facilitating traffic
movements.
4. All signs shall be located so as not to cause sight line obstructions.
5. All internal project rights-of-way may be utilized for decorative landscaped
entrance features and signage, subject to review and approval from the
Planning Services Department for consistency with the requirements set
forth herein and applicable provisions of the LDC.
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6. Signs may be allowed in landscape buffers/easements.
7. Entrance and boundary markers may be placed prior to subdivision
approval, provided a building permit for the markers is obtained prior to
placement.
B. BOUNDARY MARKERS
1. One boundary marker or monument may be located at the northwest,
southwest, and southeast property corners. The boundary marker may
contain the name of the community, and the insignia or motto of the
Development.
2. The sign face area may not exceed 60 square feet and may not exceed
the height or length of the monument upon which it is located. If the sign
is two-sided, each sign face may not exceed 60 square feet in area.
3. Sign face area is calculated by total square footage of name, insignia,
and motto only.
4. The setback for the signs from C.R. 951 and U.S. 41 rights-of-way and
any perimeter property line shall be 5 feet.
5. Boundary marker signage shall be ground mounted and the sign
structure is limited to a maximum height of eight feet (8').
C. PROJECT ENTRANCE SIGNS
1. One ground or wall-mounted entrance sign may be located on both sides
of each entrance right-of-way and in the entry median. Such signs may
contain the name of the subdivision, and the insignia or motto of the
Development.
2. No sign face area may exceed 125 1-00 square feet and the total sign
face area of Entrance Signs may not exceed 300 200 square feet. The
square foot calculation does not include aesthetic appurtenances, such
as walls, wrought iron fence, and other decorative elements. If the sign is
a single, two-sided sign, each sign face may not extend beyond 1251-08
square feet in area. The sign face area shall not exceed the height or
length of the wall or monument upon which it is located.
3. The setback for the signs from C.R. 951 and U.S. 41 rights-of-way and
any perimeter property line shall be 5 feet.
4. Entrance sign script may not exceed a height of 15 feet and the total sign
shall not exceed a height of 20 feet above the lowest centerline grade of
the nearest public or private right-of-way or easement to the uppermost
part of the sign structure. For the purpose of this provision, finished
grade shall be considered to be no greater than the highest crown
elevation of the nearest road.
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D. INTERNAL SIGNS
1. Residential and community facilities entrance signs may be located on
both sides of the neighborhood entrance street and within the entry
median. Setbacks from internal road rights-of-way shall be no less than
5 feet. Such signs may be used to identify the location of neighborhoods,
club house, recreational areas and other features within Winding
Cypress. Individual signs may be a maximum of 64 square feet per sign
face area. Such sign script may have a maximum height of 8 feet. No
building permit is required.
2. Directional or identification signs may be allowed internal to the
subdivision. Such signs may be used to identify the location or direction
of approved uses such as sales centers, model centers, recreational
uses, information centers, or the individual components of the
development. Individual signs may be a maximum of 4 square feet per
side or signs maintaining a common architectural theme may be
combined to form a menu board with a maximum size of 24 square feet
per side and a maximum height of 8 feet.
3. Real estate signs with a maximum size of 4 square feet per side in
residential districts. Such signs may advertise "For Sale," "Sold To,"
and/or "Lot#." No building permit is required.
4. Special Event signs not exceeding 32 square feet per side in size may be
displayed to announce or advertise such temporary uses as open
houses, community fairs or programs or any charitable, educational
event. Such sign shall be located no closer than 15 feet to any property
line. No building permit is required.
5. Grand Opening signs: The developer may display an on-site grand
opening sign not exceeding 32 square feet on a side, and not exceeding
64 square feet total. The banner sign shall be anchored and may be
displayed on-site for a period not exceeding 14 days within the first three
months that the occupant is open for business.
E. TRAFFIC SIGNS
1. Traffic signs, such as street signs, stop signs, and speed limit signs, may
be designed to reflect a common architectural theme. The placement
and size of the signs shall be in accordance with FDOT criteria.
F. TEMPORARY SIGNS
1. Temporary signs may be permitted, and may consist of the following
types: project identification and directional (internal and external); real
estate and sales center identification (internal only).
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2. Each sign may not exceed 80 square feet in area. If the sign is two-
sided, each sign face may not exceed 80 square feet in area.
3. The setback for temporary signs from U.S. 41 and C.R. 951 rights-of-
way, and any perimeter property line shall be 10 feet.
4. Temporary signs may not exceed 15 feet in height above the lowest
centerline grade of the nearest public or private right-of-way or easement
to the uppermost part of the sign structure.
5. Temporary signs may remain in place simultaneously with permanent
signage until the project reaches 75% build-out.
6. Temporary signs may be permitted subject to the requirements outlined
above. The erection of any temporary sign shall require permitting as
established within section 2.5.12Chapter 10.02.06. of the LDC.
G. CONSTRUCTION ENTRANCE SIGNS
1. One sign, with a maximum of 20 square feet in size, may be located at
each construction entrance, to identify the entrance as such. No building
permit is required.
2. Employment signs with a maximum of 20 square feet in size, may be
located at each construction entrance, to advertise for construction
trades. No building permit is required.
H. COMMERCIAL SIGNS
1. Wall, mansard, canopy or awning signs: One wall, mansard, canopy or
awning sign may be permitted for each single-occupancy parcel, or for
each establishment in a multiple-occupancy parcel. Corner units within
multiple-occupancy parcels, or multi-frontage single-occupancy parcels
shall be allowed one sign per street frontage, but such signs shall not be
combined for the purpose of placing the combined area on one wall. In
addition, outparcels within the Town Center may be allowed one
additional wall sign facing the Town Center if the additional sign is not
visible from any road right-of-way. However, the combined area of those
signs shall not exceed the maximum allowable display area for signs by
this ordinance.
a) The maximum allowable display area for signs may not be more
than 20 percent of the total square footage of the wall of the
building to which the sign will be attached.
2. Pole signs: Two (2) pole signs are permitted for each internal street,
provided there is a 500 foot separation between such signs.
a) Maximum allowable sign area: 100 square feet per side, if two-
sided
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b) Maximum allowable height: 20 feet
c) Setbacks: 10 feet from any right-of-way or property line
d) Spot or floodlights may be permitted provided said light shines
only on the signs and is shielded from motorists and adjacent
residents.
3. Projecting signs: Projecting signs may be substituted for wall or mansard
signs provided that the display area of the projecting sign shall not
exceed 60 square feet of display area.
a) Projecting signs shall not project more than four feet from the
building wall to which it is attached.
b) Projecting signs shall not extend above the roofline of the building
to which it is attached.
c) Projecting signs shall not project into the right-of-way.
d) Projecting signs which project over any pedestrian way shall be
elevated to a minimum height of 8 feet above such pedestrian
way.
4. Under-canopy signs: In addition to any other sign allowed by this
ordinance, one under-canopy sign may be allowed for each
establishment in the Town Center. This sign may not exceed 6 square
feet in area and shall be a minimum of eight feet above finished grade.
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9A
SECTION III
RESIDENTIAL DISTRICT(TRACT A AND TRACT B)
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Winding Cypress designated on the Master Plan as "R," and located in Tract
A and Tract B.
3.2 MAXIMUM DWELLING UNITS
A maximum number of 2,300 2,854 single family and multifamily residential dwelling units
may be constructed on lands designated "R."
3.3 GENERAL DESCRIPTION
The Residential District is designed to accommodate a full range of residential dwelling
types, compatible non-residential uses, a full range of recreational facilities, essential
services, and customary accessory uses.
The approximate acreage of the "R" District is indicated on the PUD Master Plan. This
acreage is based on conceptual designs and is approximate. Actual acreages of all
development tracts will be provided at the time of Site Development Plan
in accordance with Divisien-3737-ancl-Divisien-372,-respeetively7
of the LDC. Residential tracts are designed to accommodate internal roadways, open
spaces, recreational facilities and other similar uses found in residential areas.
3.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses in Tract A and Tract B:
1. Single Family Detached Dwellings
2. Single Family Patio and Zero Lot Line Dwellings
3. Single Family Attached, Duplex, and Townhouse Dwellings
4. Multi-Family Dwellings including Garden Apartments
5. Assisted Living Facilities/Congregate Care
6. Maintenance Facilities
7. Model Homes, Sales Centers, including administrative offices and
construction offices
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' 9 A tee.
8. Any other principal use, which is comparable in nature with the forgoing
uses, and is approved through the process set forth in the Land
Development Code at the time of the request for such use.
B. Accessory Uses and Structures in Tracts A and B:
1. Guest houses.
2. Accessory uses and structures customarily associated with principal uses
permitted in this District, including neighborhood community recreational
facilities.
3. Any other accessory use, which is comparable in nature with the forgoing
uses, and is approved through the process set forth in the Land
Development Code at the time of the request for such use.
3.5 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the "R" District,
Tract A and Tract B.
B. Table II sets for the development standards for land uses within the "R" District,
Tract B.
GB. Site development standards for single family attached and detached, patio, zero lot
line, two-family, and townhouse uses apply to individual residential lot boundaries.
Multi-family standards apply to platted parcel boundaries.
QC. Standards for parking, landscaping, signs and other land uses, where such
standards are not specified herein or within adopted Winding Cypress design
guidelines and standards, are to be in accordance with the LDC in effect at the
time of Site Development Plan approval - • '••••-• -- -- e• - - -- - - .
Unless otherwise indicated, required yards, heights, and floor area standards apply
to principal structures.
&D. Development standards for uses not specifically set forth in Table I and Table II
shall be established during Site Development Plan Approval as set forth in Article
3, Division 3.3. of the Land Development Code in accordance with those standards
of the zoning district which is most similar to the proposed use.
Required property development regulations may be approved that are different
than those set forth in Table I and Table II, subject to the requirements of Section
2.6.27 ef-the LDC.
6-F. The Collier County Public Works Division shall allow the installation of potable
water and irrigation water service connections to distribution mains during
construction of the single family subdivision utilities. The installation will be
scheduled upon application and payment of fees by the property owner, its
successors and/or assigns. The installation will be in accordance with the
approved plans and specifications, current policies and procedures, and performed
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by the Developer's contractor. The contractor must be approved for the installation
by the Collier County Public Works Division. Fees will be determined in
accordance with the impact fee ordinance in effect at the time of application.
14-G. Assisted living facilities/congregate care facilities are limited to a Floor Area Ratio
(FAR) of 0.45. For the purpose of calculating density when assisted living
facilities/congregate care facilities are developed, each such facility's dwelling unit
shall be considered to be equal to .33 residential dwelling units. A maximum of
100 residential units may be converted to assisted living facilities/congregate care
facilities.
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TABLE I
WINDING CYPRESS DEVELOPMENT STANDARDS FOR"R"RESIDENTIAL AREAS-TRACT A and TRACT B
SINGLE PATIO'& TWO SINGLE FAMILY MULTI-
FAMILY ZERO LOT FAMILY& ATTACHED & FAMILY
DETACHED LINE DUPLEX TOWN HOUSE
Minimum Site Area 2,800 SF 2,800 SF 3,500 SF 2,200 SF 12,000 SF
Minimum 35' 35' 35' 20' 100'
Site Width
Minimum 65' 65' 100' 40' 90'
Site Depth
Minimum
Front Yard Setback'111 15'+1 15'*1 15'*1 15'*4 15'*4
(Principal and Accessory)
Minimum
Rear Yard Setback*12 10' 10' 10' 10' 20'
(Principal)
Minimum
Side Yard Setback 5' *5 5' 5' 7.5'
(Principal)-
Minimum
Side Yard Setback 5' *5 5' 5'-6 5'
(Accessory)-
Minimum
Rear Yard Setback*12 5' 5' 5' 5'' 10'
(Accessory)
Maximum Height.3 35' 35' 35' 50' 50'
Distance Between N/A N/A N/A 10' 15'
Principal Structures
Minimum Floor Area 900 SF 900 SF 900 SF 750 SF 750 SF_11)
General Notes:
For any lot or parcel which is served by both a street and an alley,the lot line adjacent to the alley shall be treated as a rear lot
line,and the setback shall be measured from the edge of pavement.The alley easement shall be a minimum of 20'wide,with 10'
pavement. Common architectural features such archways,arbors,and courtyard entry features shall be exempt from the
minimum yard requirements listed above.
Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development
standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line
units,a conceptual exhibit showing typical building configuration shall be submitted to Customer Services Department with the application
for the first building permit.The conceptual exhibit may be modified as needed.
All distances are in feet unless otherwise noted.
With approval from the Developer,front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. Sidewalks shall be
located in the right-of-way.
B. If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not
curbed).
*1 This setback shall be reduced to 10'for side entry garages,front porches,and combination front porch/front entry garages.
*2 The side corner setback shall be the same as the required front principal structure setback.
*3 Height shall be measured from the first habitable finished floor elevation of the unit.
*4 Setback to be measured from edge of pavement or back of curb,whichever is applicable,of road that serves the unit.
*5 Side yard setback shall be either 0'on one side and 10'on the other, or 3'-1"on one side and 6'-11"on the other. For those structures
to be constructed within the hatched area of Tract A as depicted on Exhibit D, side yard setback shall be either 0'on
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*5 Side yard setback shall be either 0'on one side and 10'on the other,or 3'-1"on one side and 6'-11"on the other. For those structures
to be constructed within the hatched area of Tract A as depicted on Exhibit D, side yard setback shall be either 0'on
one side and 10'on the other, or a minimum of 3'-1"as long as the total distance between structures is a minimum of 10 feet—as depicted
on Exhibit E.
*6 Accessory Pool Enclosure/screen lanai setback may be reduced to 0'when attached to privacy wall.
*7 Accessory Pool Enclosure/screen lanai setback from Lake Maintenance Easement may be reduced to 0' provided architectural bank
treatment is incorporated
*8 A Patio Home is a detached or semi-detached unit for a single family with one(1)dwelling unit from ground to roof wherein each
dwelling unit lot is enclosed by a wall located at the lot line,thus creating a private yard between the house and the wall
*9.-Multi-family shall include multi-family units as defined in Collier County LDC and assisted living facilities/congregate care facilities.
*10.-Floor area minimum(SF)is not applicable to assisted living facilities/congregate care facilities.
*11 For Tract B: For front entry garages,a minimum of 23'from edge of sidewalk to the garage must be provided. Front
setback for side entry garages may be reduced to 12 feet.
*12 Setbacks from Henderson Creek shall be 32', from the County easement, of which a 22'buffer adjacent to Henderson
Creek shall remain in native vegetation. No portion of the County easement for Henderson Creek will be cleared.
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P9A
.,
TABLE II
SINGLE PATIO S TWO-FAMILY-St SINGLE-FAMILY- MULTI FAMILY
FAMILY- ZERO LOT DUPLEX ATTACHED AND DWELLINGS
DETACHED LINE TOWNHOUSE
Iliffi i et Area 7,5006,000 SF 5000-SF 3,500-SF 27000-SF NA
Minim i et Width '9a 7656 50 35 30 NA
20 20 20 20 20
Asceccory)
Ent y--Garage 42 42 42 42 42
Setback(Principal) 40 6 40 40 ,5-I344
Setbaclk (Accessory) 5 5 5 5 40
5 0orell 0 or 7.5 0or.5BR H
Maxim. He ght E -40- 35 35 36 66
1500 SF 1200 SF 1200 SF 1200 SF 1000 SF
Distance-Between
Principal-Structures a-5 40 0 or 15 .5 SBH ,6-SBH
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I' 9A
SECTION IV
VILLAGE CENTER DISTRICT
4.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Winding Cypress designated on the Master Plan as "VC."
4.2 MAXIMUM SQUARE FOOTAGE
The Village Center area designated for small scale retail, offices and service facilities
shall not exceed 15 acres. These uses may be combined with recreational facilities,
other amenities, internal roadways, open space and water management facilities for a
total of 17 acres.
A maximum of 30,000-50.000 square feet of gross floor area, including retail, office,
service and recreational uses may be constructed on lands designated "VC." 20,000
square feet remains to be built in Tract B.
4.3 GENERAL DESCRIPTION
The approximate acreage of the Village Center District is indicated on the Master Plan.
The Village Center portion of this District shall be consistent with the requirements of the
Growth Management Plan. This acreage is based on conceptual designs and is
approximate. Actual acreages of all development tracts will be provided at the time of Site
Development Plan _ - - •• - -_::• _ - . . __ _ - in accordance with Division
3.3, and Division 3.2 respectively, of the LDC. The Village Center tracts areis designed to
accommodate internal roadways, open spaces, lakes and water management facilities,
and other similar uses.
The Village Center within Tract B shall be located within a 5,000 foot radius of 80% of the
residents within Tract B. See Exhibit F List of Deviations. Bicycle and pedestrian facilities
throughout the community will be designed in accordance with Exhibit C, Bicycle and
Pedestrian Plan to create a pedestrian friendly environment.
4.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Accounting, Auditing and Bookkeeping Services (Group 8721).
2. Automatic Teller Machines (Group 3578).
3. Amusements and Recreation Services - Indoor (Groups 7911-7929, 7991,
7993, 7997).
4. Apparel and Accessory Stores (Groups 5611-5699).
5. Gasoline Service Stations (Group 5541), no repairs, permitted in Tract A
only.
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6. Automotive Carwashes (Group 7542), except bus and truck washing.
7. Business Services (Groups 7334, 7349).
8. Eating and Drinking Places (Groups 5812-5813) except drive-through.
9. Food Stores (Groups 5411-5499).
10. General Merchandise Stores (Groups 5331-5399).
11. Miscellaneous Retail (Groups 5912-5963, 5992-5999).
12. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry
cleaning only, 7217, 7219-7251, 7291-7299).
13. Real Estate (Groups 6512, 6531, 6541).
14. Recreation Services (Group 7911)
15. Residential uses as set forth in Section 3.4 of this document including
residential units integral to Town Center structure(s) and as free-standing
uses. Free-standing residential uses shall comply with the development
standards set forth in Section 3.5.
16. Travel Agencies (Groups 4724 and 4725)
17. United States Postal Service (Group 4311 except major distribution center).
18. Video Tape Rental (Group 7841).
19. Recreation maintenance facilities. No hazardous chemicals may be stored
on site within Tract B.
20. All uses herein allowed in Section V, Recreational Districts and Aany
other principal use, which is comparable in nature with the forgoing uses,
and is approved through the process set forth in the Land Development
Code at the time of the request for such use.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with principal uses
permitted in this District.
2. Customary accessory uses include, but are not limited to, recreational
facilities that serve as an integral part of the permitted uses, such as pool,
tennis facilities, parks, playgrounds and playfields, fitness centers, meeting
rooms.
3. Any other accessory use, which is comparable in nature with the forgoing
uses, and is approved through the process set forth in the Land
Development Code at the time of the request for such use.
4.5 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
1. Front Yard: Twenty-five feet (25') minimum or one-half the building height,
whichever is greater.
2. Side Yard: Fifteen feet(15').
3. Rear Yard: Fifteen feet(15').
4. Any yard abutting a residential parcel: Twenty-five feet(25').
5. Setback from a lake for all principal and accessory uses may be zero feet
(0') provided architectural bank treatment is incorporated into the design.
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B. Maximum height of structures - Fifty feet (50'); except clock towers or similar
architectural features, which shall be permitted up to seventy-five feet(75').
C. Minimum distance between principal structures - Fifteen feet (15') or separation
required by local fire code.
D. Minimum distance between principal and accessory structures- Ten feet(10').
E. Minimum floor area - Seven hundred (700) square feet gross floor area on the
ground floor.
F. Minimum lot or parcel area -Ten thousand (10,000) square feet.
G. Minimum lot width - Seventy five feet(75').
H. Except for residential uses, parking for any and all uses and structures constructed
in the Village Center District: one (1) space per 200 square feet of principal
building area.
Standards for landscaping and other land uses where such standards are not
specified herein or within adopted Winding Cypress design guidelines and
standards, are to be in accordance with LDC in effect at the time of Site
Development Plan Approval. Unless otherwise indicated, required yards, heights,
and floor area standards apply to principal structures.
J. Development standards for accessory uses and structures shall be as required by
the LDC in effect at the time of at the time of Site Development Plan Approval.
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R. 9
SECTION V
RECREATIONAL DISTRICTS
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Winding Cypress designated on the Master Plan as "G" Golf Course, and
"REC"-Recreational.
5.2 GENERAL DESCRIPTION
Areas designated as "G," and "REC" on the Master Plan are designed to accommodate a
recreational and open space uses, as well as to provide lands
for community-related ancillary uses and essential services.
5.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
2,1. Tennis clubs, health spas, equestrian clubs, aquatic centers, and other
recreational clubs to serve residents.
3.2. Project information and sales centers.
4.3. Community and golf course maintenance areas, maintenance buildings,
essential services, irrigation water and effluent storage tanks and ponds,
water and wastewater treatment plants, utilities pumping facilities and
pump buildings, utility and maintenance staff offices.
874. Public administration facilities.
675. Open space uses and structures such as, but not limited to, boardwalks,
nature trails, bikeways, landscape nurseries, gazebos, boat and canoe
docks, fishing piers, picnic areas, fitness trails and shelters.
6. Shuffleboard courts, tennis courts, swimming pools, playgrounds,
basketball courts, bocce ball areas, and all other types of facilities intended
for outdoor recreation.
877. Any other principal use, which is comparable in nature with the forgoing
uses, and is approved through the process set forth in the Land
Development Code at the time of the request for such use.
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B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with the principal
uses permitted in these Districts.
2. Pro shops, practice areas and ranges, golf cart barns, rest rooms, shelters,
3,2. Retail establishments accessory to the permitted uses of these Districts
such as, but not limited toTgelf,tennis, and recreational related sales.
4.3. Restaurants, cocktail lounges, and similar uses intended to serve club
members and club guests.
6-4. Telecommunications facilities.
6,5. Any other accessory use, which is comparable in nature with the forgoing
uses, and is approved through the process set forth in the Land
Development Code at the time of the request for such use.
5.4 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements for Principal Structures:
1. Front Yard: Twenty-five feet (25') minimum or one-half the building height,
whichever is greater.
2. Side Yard: Fifteen feet(15').
3. Rear Yard: Fifteen feet(15').
4. Any yard abutting a residential parcel: Twenty-five feet(25').
5. Setback from a lake for all principal and accessory uses may be zero feet
(0') provided architectural bank treatment is incorporated into the design.
B. Minimum Yard Requirements for Accessory Structures:
1. Front Yard: Twenty feet (20') minimum or one-half the building height,
whichever is greater.
2. Side Yard: Ten feet(10').
3. Rear Yard: Ten feet(10').
4. Any yard abutting a residential parcel: Twenty feet(20').
5. Setback from a lake for all principal and accessory uses may be zero feet
(0') provided architectural bank treatment is incorporated into the design.
C. Maximum height of structures- Fifty feet(50').
D. Minimum distance between principal structures - Fifteen feet (15') or separation
required by local fire code, whichever is greater.
E. Minimum distance between principal and accessory structures-Ten feet(10').
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F. Minimum floor area- None required.
G. Minimum lot or parcel area- None required.
H. Minimum distance between all other accessory structures-Ten feet(10').
Parking for the community center/clubhouse shall be one space per every two
hundred (200) square feet of gross floor area of principal structures, which shall be
considered inclusive of required parking for golf course and all other recreational
uses.
J. Standards for parking, landscaping, signs and other land uses, where such
standards are not specified herein or within adopted Winding Cypress design
guidelines and standards, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan Approval.
Unless otherwise indicated, required yards, heights, and floor area standards apply
to principal structures.
(,
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09A
SECTION VI
PRESERVE DISTRICT
6.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Winding Cypress designated on the Master Plan, as"P."
6.2 GENERAL DESCRIPTION
Areas designated as Preservation Area on the Master Plan are designed to accommodate
conservation interpretive/educational trails and permitted water management uses and
functions.
6.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Passive recreational areas, boardwalks, wildlife observation platforms, golf
cart paths and nature trails (elevated and at grade), and gazebos.
2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in
wetlands).
3. Water management facilities as permitted by SFWMD.
4. Temporary construction access road as permitted by SFWMD needed to
constructed Preserve District uses.
5. Utility or roadway crossings.
6. Fences and walls.
6. Constructed wading bird pools, as approved through project-specific
SFWMD and U.S. Army Corps permits.
7. Any other principal use, which is comparable in nature with the forgoing
uses, and is approved through the procese set forth in the Land
Development Code at the time of the request for such use.
6A----DEVELOPMENT-STANDARDS
A. All structures shall be set back a minimum of five feet (5') from the Preserve
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± A
B. Maximum height of structures Twenty five feet(25').
C. Minimum distance between principal structures Ten feet(10').
D. Minimum distance between accessory structures Five feet(5').
E. Minimum floor area Nonc required.
F. Minimum lot or parcel area None required.
G. Standards for parking, landscaping, lighting, signs, and other land uses, where
Guidelines and Standards, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan Approval.
to principal structures.
646.4 PRESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or platted tract, whichever is applicable, is
required for preservation lands included in the Preservation DistrictArea. The Developer
shall be responsible for the control and maintenance of lands within the Preservation
DistrictAcea.
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..SECTION VII
GENERAL DEVELOPMENT COMMITMENTS
7.1 PURPOSE
The purpose of this Section is to set forth the general development commitments of the
Developer within Winding Cypress.
7.2 GENERAL
All facilities shall be constructed in accordance with the final site development plans, the
final subdivision plats, and all applicable state and local laws, codes and regulations
relating to the subdivision of the land, except where specifically noted or otherwise set
forth in this document, or as otherwise approved by Collier County. All state and federal
permits shall be effective according to the stipulations and conditions of the permitting
agencies. Final master plans, final site development plans or final subdivision plats, and
standards and specifications of the Collier County Land Development Code relating to the
same shall apply to this Project, except as otherwise set forth herein.
In addition, the Master Plan and the regulations of the PUD document, as adopted, along
with any other specific conditions or stipulations as may be agreed to in the rezone hearing
before the Board of County Commissioners, shall control and be applicable to
development of the subject property. The Developer shall be bound by said documents,
commitments, and stipulations.
7.3 MONITORING REPORT
An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7,
Section 2.7.3.6 Chapter 10.02.13.of the Collier County Land Development Code.
One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring
until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD
commitments until close-out of the PUD. At the time of this PUD approval, the
Managing Entity is Barron Collier Company. Should the Managing Entity desire to
transfer the monitoring and commitments to a successor entity, then it must provide a
copy of a legally bindina document that needs to be approved for legal sufficiency by the
County Attorney. After such approval, the Managing Entity will be released of its
obligations upon written approval of the transfer by County staff, and the successor
entity shall become the Managing Entity. As Owner and Developer sell off tracts, the
Managing Entity shall provide written notice to County that includes an
acknowledgement of the commitments required by the PUD by the new owner and the
new owner's agreement to comply with the Commitments through the Managing Entity,
but the Managing Entity shall not be relieved of its responsibility under this Section.
When the PUD is closed-out, then the Managing Entity is no longer responsible for the
monitoring and fulfillment of PUD commitments.
PUDA-PL20120002855 Winding Cypress PUD Amendment 2/6/14 Page 34 of 46
CA 0
. 9A
7.4 TRANSPORTATION
A. The Developer shall provide a fair share contribution toward the capital cost of a
traffic signal at the project entrances onto CR 951 (North-South) and US 41 (East-
West) when deemed warranted by Collier County. The signal shall be owned,
operated and maintained by Collier County.
B. Connection permits shall be required for all temporary construction access points.
Such permits shall require any necessary auxiliary lanes and apron paving to be
constructed prior to the use of any temporary access point.
C. Within 180 days of the County's written request, the Owner shall convey to the
County a road easement for the road right of way needed for a section of
Benfield Road up to a width of 140 feet free and clear of all liens and financial
encumbrances. The road right of way shall be adjacent to the Picayune State
Forest and shall be in the location identified on the PUD Master plan. The length
of proposed 140' ROW reservation is approximately 6,000', extending
approximately 830' north of the Hacienda Lakes PUD southern section line and
approximately 650' south of the Picayune State Forest southern section line. The
County acknowledges that the area in which the road reservation is located is
designated preserve on the PUD Master Plan and is required to be a
conservation area for purposes of the project obtaining required state and
federal permits. The County has agreed to be responsible for all permitting and
construction costs, including but not limited to noise mitigation, and mitigation
costs associated with permitting and constructing Benfield Road. The Owner and
Developer shall not be responsible to obtain or modify any state or federal
permits related to the extension of Benfield Road. Upon recordation of the road
easement in the public records of Collier County, the Owner shall be paid for the
fair market value of the road easement. The Developer shall disclose (in writing)
to all property buyers within 300' of the reserved 140' Benfield Road corridor of
their proximity to the future roadway corridor.
7.5 WATER MANAGEMENT
A. A South Florida Water Management District (SFWMD) Environmental Resource
Permit will be required and obtained.
7.6 ENVIRONMENTAL
final environmental permitting there may be adjustments to the proposed
B. In ordcr to avoid repetitive review of environmental issues in subsequent stages of
application for public hearing for PUD Rezone shall serve as the EIS and the
-..-- -
PUDA-PL20120002855 Winding Cypress PUD Amendment 2/6/14 Page 35 of 46 CAO
' 9A
of the Collier County Land Development Code shall be deemed satisfied for all
C. The Developer shall acquire SFWMD Environmental Resource and U.S. Army
■ _ .. . .
. . --- •.• -
E. The Preservation Areas incorporate wetlands as well as buffers. The Project will
wetland buffering requirements. For these reasons, no additional buffering
F. Location of gopher tortoise burrows and gopher tortoise relocation are(s) shall be
obtained prior to construction in areas where gopher tortoise burrows exist.
Gopher Tortoises shall be relocated pursuant to Collier County LDC criteria.
I. This PUD shall comply with the guidelines and recommendations of the U.S. Fish
and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation
747.6 UTILITIES
A. Water distribution, sewage collection and transmission systems shall be
PUDA-PL20120002855 Winding Cypress PUD Amendment 2/6/14 Page 36 of 46 CAU
9A
County Ordinance No. 97 17, as amended, except as may be provided in
Section 2.5 of this Document.
B. Upon completion of the utility facilities, they shall be tested to insure they meet
plans are approved.
C. All customers connecting to the potable water and sanitary sewer system shall
be customers of the County, except as may be provided in Section 2.5 of this
document.
D. Existing vegetation will be saved where possible; therefore, the County owned
potable water mains and forcemains will be allowed to meander during
construction to save vegetation. The meander will be accomplished by
Ordinance. For horizontal adjustments over 12 inches from the original
alignment, an as built survey of the utilities will be required and shown on the
easement (R.O.W./C.U.E.) and over the County owned potable water mains and
anywhere within the R.O.W./C.U.E. For large vegetation and trees (palms
and/or tap rooted trees), root guards will be installed to prevent roots from
..-- - - --
replacement, maintenance or restoration of above ground improvements or
landscaping installed by the Developer within the R.O.W./C.U.E. The
the construction plans.
A. Mains and force mains shall not meander into the paved portion of the road
rights-of-way but may cross beneath road rights-of-way at angles, where
necessary, to emerge on the opposite side. During the final utility design
deviations may be approved by the Collier County Utilities Department or the
Hearing Examiner.
For the County owned potable water mains and forcemains located within a 50 foot
R.O.W./C.U.E. serving single family residential parcels, the potable water main will
be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be
located a minimum 5 feet off the BOC. The minimum distance from the BOC to
the right-of-way line will be 13 feet.
&C. For the County owned potable water mains located within a 40 foot R.O.W/C.U.E.
serving single family residential parcels, the potable water main will be located a
minimum 5.0 feet off the back of curb. The minimum distance from the BOC to the
right-of-way line will be 8 feet.
A:-D. For the County owned potable water mains and forcemains located along the main
roadway, the potable water main will be located a minimum 7.5 feet off the back of
PUDA-PL20120002855 Winding Cypress PUD Amendment 2/6/14 Page 37 of 46 CA
9A
curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. For
the loop roadway section without a median, the minimum distance from the BOC to
the right-of-way line will be 15 feet. For the main roadway section with a median,
the minimum distance from the BOC to the right-of-way shall be 13 feet.
4,E. Irrigation water will be provided with a separate non-Collier County owned
distribution system supplied by on-site wells, reclaimed water and/or other non-
potable sources. All irrigation water source permitting shall be coordinated with
SFWMD. The irrigation water distribution main may be located within the right-of-
way/County utility easement/public utility easement/drainage easement, as
applicable, for the main roadway. The Collier County Public Works Department
will not be responsible for the repair, replacement, and/or maintenance of said
irrigation main nor shall the Collier County Public Works Department be
responsible for any associated above-ground restoration.
F. The Owner will provide a potable water stub out at the eastern most point of the
project in order to loop the system with Naples Reserve at such time that both
systems have been constructed to their respective connection point.
G. The Owner will provide a 20' easement to Marco Island Utility, when needed.
The approximate location is shown on the Winding Cypress Master Plan, Tract
B.
H. The Owner will provide Marco Island Utilities access to Henderson Creek over
the entryway.
747.7 ENGINEERING
A. Design and construction of all improvements shall be subject to compliance with
the designated provisions of the Collier County Land Development Code,
^° •° z Chapters 4.03.00 and 10.02.04.
B. Work within Collier County right-of-way shall meet the requirements of the Collier
County Right-of-Way Ordinance No. 93-64.
7- 57.8 POLLING PLACES
A. Pursuant to Section 3.2.8.3.14Chapter 2.01.04. of the LDC, provisions shall be
made for the purpose of accommodating the function of an electoral polling
place if deemed necessary by the Supervisor of Elections.
PUDA-PL20120002855 Winding Cypress PUD Amendment 2/6/14 Page 38 of 46 C 10
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New Directions In Planning,Design&Engineering
Exhibit B
Description of Part of Sections 26,34 and 35 of
Township 50 South,Range 26 East,
and Sections 2 and 3 of
Township 51 South,Range 26 East
Collier County,Florida.
(PARCELS"A"and"B")
All of Section 26,Township 50 South,Range 26 East,Collier County,Florida;less and except the north 30.00 feet
(for road right-of-way)and the west 100 feet(for canal right-of-way)therefrom;
AND ALSO All of Section 35,Township 50 South,Range 26 East,Collier County,Florida,less and except the west
60.00 feet(for canal right-of-way);
AND ALSO Part of Section 34,Township 50 South,Range 26 East,Collier County,Florida;
AND ALSO Part of Section 2 Township 51 South,Range 26 East,Collier County,Florida;
AND ALSO Part of Section 3,Township 51 South,Range 26 East,Collier County,Florida;
Being more particularly describes as follows:
PARCEL"A":
BEGINNING at the Southeast corner of Section 2,Township 51 South,Range 26 East,Collier County,Florida;
thence along the south line of said Section 2 North 87°02'48"West 2717.79 feet to the South Quarter Corner of said
Section 2;
thence continuing along said line North 89°27'31"West 233.96 feet;
thence leaving said line North 54°21'26"West 3802.70 feet along the northeast right-of-way line of U.S.41
(Tamiami Trail);
thence North 20°14'55"East 2036.85 feet;
thence North 69°45'05"West 45.00 feet;
thence South 89°15'14"East 60.00 feet to a point on a line lying 60 feet east of and parallel to the West Line of said
Section 2;
thence along said line thence North 00°44'46"East 1350.52 feet to a point on the North Line of Section 2,said point
on a line lying 60 feet east of the west line of said Section 35;
thence along said line North 00°50'06"East 2614.26 feet;
thence continuing along said line North 00°52'55"East 2619.36 feet to a point on the North Line of said Section 35;
thence along said line South 89°33'56"East 40.00 to a point on a line lying 100 feet east of and parallel to the west
line of Section 26;
thence along said line North 00°50'24"East 2633.11;
thence continuing along said line North 00°50'18"East 2604.58 feet to a point on the Southerly Right of Way line of
Sabal Palm Road,said line being 30.00'south of the north line of said Section 26;
thence along said Right of Way line South 89°37'03"East 2541.99 feet;
thence continuing along said line South 89°37'26"East 2642.08 feet to a point on the East line of said Section 26;
thence along the East Line of said Section 26 South 00°14'00"East 2606.72 feet to the East Quarter Corner of said
Section 26;
thence continuing along said line South 00°14'36"East 2636.75 feet to the Southeast Corner of said Section 26;
thence along the East Line of said Section 35 South 00°24'57"West 2638.06 feet to the East Quarter Corner of said
Section 35;
thence continuing along said line South 00°23'29"West 2637.20 feet to the Southeast Corner of said Section 35;
thence along the East Line of said Section 2 South 00°40'26"West 2801.59 feet to the East Quarter Corner of said
Section 2;
thence continuing along said line South 00°40'46"West 2750.15 to the Southeast Corner of said Section 2 and the
POINT OF BEGINNING of the parcel herein described(PARCEL"A");
Parcel Contains 1922.2 acres more or less.
Subject to easements,restrictions and reservations of record.
Bearings are based on the east half of the south line of Section 2 being North 87°02'48"West.
PAGE 1 OF 2
Naples Fort Myers Sarasota Tampa Tallahassee Panama City Beach
3200 Bailey Lane,Suite 200 Naples,Florida 34105 941-649-4040 St 941-643-5716
6/13/99-60815 vr.on-ssraacztnnl www.wilsonmillec corn
Nos°64°10o'-8 PUDA-PL20120002855 Winding Cypress PUD Amendment 2/6/14 Page 41 of 46 tI;AO
9 YP w7snnmmerinc.—FL 1216 LGC000170 9
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e . x Wit nMiller
New Directions In Planning,Design&Engineering
Description of Part of Sections 26,34 and 35 of
Township 50 South,Range 26 East,and Sections 2 and 3 of
Township 51 South,Range 26 East Collier County,Florida.
(PARCELS"A"and`B")Continued;
ALSO INCLUDING THE FOLLOWING:
PARCEL"B":
COMMENCING at the Southwest Corner of said Section 26;
thence along the West Line of said Section 35 South 00°52'55"West 674.12 feet;
thence leaving said line North 89°07'05"West 40.00 feet to a point on a line 40 feet west of the West Line of
Section 35 and the POINT OF BEGINNING of the parcel herein described(PARCEL'B");
thence along said line South 00°52'55"West 1110.23 feet;
thence leaving said line North 89°07'05"West 539.68 feet;
thence North 35°39'05"East 175.97 feet;
thence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the northwest
having a radius of 2964.93 feet through a central angle of 20°36'46"subtended by a chord which bears
North 25°20'42"East 1060.92 feet to the POINT OF BEGINNING of the parcel herein described
(PARCEL"B").
Parcel Contains 5.7 acres more or less.
Subject to easements,restrictions and reservations of record.
Bearings are based on the east half of the south line of Section 2 being North 87°02'48"West
Total parcel(including Parcels"A"and`B")contains 1927.9 acres more or less.
WILSONMILLER,INC.
Registered Engineers and Land Surveyors
Certificate of authorization#LB-43.
Marcus L.Berman,P.S.M.#5086
Not Valid unless embossed with the Professional's seal.
Ref. 4E-50
W.O.: N0506-000-000-MABS1
Date: October 15, 1999
Revised: January 13,2000
PAGE 2 OF 2
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xosos-9oo7.003-o PUNT D20120002855 Winding Cypress PUD Amendment 2/6/14 Page 42 of 46
JULY 19, 2013 1
WINDING CYPRESS DRI 9A
PEDESTRIAN AND BICYCLE MASTER PLAN
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PUDA-PL20120002855 Winding Cypress PUD Amendment 2/6/14 - - Page 43 of 46
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Exhibit F
Deviation 1.A deviation is sought for relief from LDC Section 4.07.04B.4.b to change the radius
requirement for the Tract B Village Center from "within 1,760 ft. radius to 80% of the number of
units", to within a 5,000 ft. radius of 80% of the number of units within Tract B.
PUDA-PL20120002855 Winding Cypress PUD Amendment 2/6/14 Page 46 of 46 �O
9A
Fl)I4'S bti
FLORIDA DEPARTMENT of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
March 11, 2014
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 14-09,which was filed in this office on March 11, 2014.
Sincerely,
Liz Cloud
Program Administrator
LC/elr
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us