Ordinance 2003-40ORDINANCE NO. 03- 4 0
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS
NUMBERED 8613S, 8613N, 8614S, 8614N, 8623S, 8623N, 8624S
AND 8624N BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM 'A" RURAL
AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS THE "HERITAGE BAY PUD" LOCATED ON THE
NORTHEAST CORNER OF IMMOKALEE ROAD (C.R. 846) AND
COLLIER BOULEVARD (C.R. 951), IN SECTIONS 13, 14, 23, AND
24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 2,562
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Richard Woodruff, AICP, of WilsonMiller, Inc., representing U.S. Home
Corporation, petitioned the Board of County Commissioners to change the zoning classification of
the herein described real property.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Sections 13, 14, 23,
and 24, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural
Agricultural to "PUD" Planned Unit Development in accordance with the "Heritage Bay" PUD
Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning
Atlas Maps numbered 8613S, 8613N, 8614S, 8614N, 8623S, 8623N, 8624S and 8624N, as
described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby
amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this 2 9 th day of JULY
Approved as to Form
and Legal Sufficiency
Mmjori~0vl. Student
Assistant County Attorney
PUDZ-2002-AR-2841/RB/sp
,2003.
BOARD OF COUNTY COMMISSIONERS
COLLIER~T:.~~I:A ·
This ordinance filed with the
,~f Stnte's Office tb._e
~Secretary day ~f
and acknowledgement of that
filincx received this ~ day
-
HERITAGE BAY
A
PLANNED UNIT DEVELOPMENT
PREPARED FOR:
U.S. Home Corporation
10491 Six Mile Cypress Parkway
Suite 101
Fort Myers, Florida 33912-6404
PREPARED BY:
WilsonMiller, Inc.
3200 Bailey Lane, .Suite 200
Naples, Florida 34105
and
Young, van Assenderp, Varnadoe & Anderson, PA
801 Laurel Oak Drive, Suite 300
Naples, FL 34108
DATE FILED: July 2002
REVISED: February 2003
REVISED: May 2003
REVISED: July 30, 2003
DATE REVIEWED BY CCPC:
DATE APPROVED BY BCC: ._-rrT~.v ? 9: ? n n 3
ORDINANCE NUMBER: 2 an ~-4 ~)
N0442-005 003- PPHS 26902
TABLE OF CONTENTS
SECTION
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
LEGAL DESCRIPTION, PROPERTY OWNERSHIP,
AND GENERAL DESCRIPTION
PROJECT DEVELOPMENT
RESIDENTIAL DISTRICTS
VILLAGE CENTER DISTRICT
RECREATION, OPEN SPACE DISTRICT
ACTVITY CENTER COMMERCIAL DISTRICT
CONSERVATION AND PRESERVATION DISTRICT
EXHIBITS
EXHIBIT A
EXHIBI~B
EXHIBIT C
EXHIBIT D-1
EXHIBIT D-2
HERITAGE BAY MASTER CONCEPT PLAN
(WilsonMiller file #C-0442-55, sheet 1 of 2)
LOCATION MAP
HERITAGE BAY BICYCLE PEDESTRIAN PLAN
(WilsonMiller file #C-0442-55, sheet 2 of 2)
WELL SITES PLAN
POTENTIAL WELL LOCATIONS PLAN
PAGE
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STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of U.S. Home Corporation, hereinafter referred
to as U.S. Home, to create a Planned Unit Development (PUD) on 2,562+ acres of land located in
Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. The
name of this Planned Unit Development shall be Heritage Bay. The development of Heritage Bay
will be in compliance with the planning goals and objectives of Collier County as set forth in the
Collier County Growth Management Plan (GMP). The development will be consistent with the
adopted growth policies and land development regulations of the GMP Future Land Use Element
(FLUE) and other applicable regulations for the following reasons:
Heritage Bay encompasses four square miles of land (Sections 13, 14, 23 and 24,
Township 48 South, Range 26 East). Section 23, located at the northeast quadrant of
the intersection of Collier Boulevard (County Road 951) and Immokalee Road, is within
the GMP's urban boundary and is classified as Urban Residential. Forty acres at the
intersection of Collier Boulevard (County Road 951) and Immokalee Road is identified as
"Activity Center #3. The remaining three sections within Heritage Bay, Sections 13, 14
and 24, are designated as Rural Fringe Mixed Use.
An Urban-Rural Rural Fringe Transition Zone Overlay (URFTZO) encompasses all four
square miles of the Heritage Bay PUD. This Overlay includes nine performance
standards. The Heritage Bay PUD is consistent with each of these standards:
URFTZO Standards
1. The Heritage Bay PUD exceeds Standard #1 by providing a minimum of 863 acres in
its Conservation/Preservation designation which are contiguous to off-site wetlands
owned by the Corkscrew Regional Ecosystem Watershed (CREW).
2. The Heritage Bay PUD exceeds the 40% required native vegetation requirement.
3. The Heritage Bay PUD exceeds the 70% open space requirement.
4. To the greatest extent practical, the existing rock quarries are incorporated into the
regional water management system and utilized to accommodate the passing
through of off-site water flows and may be used for recreational purposes.
5. The Heritage Bay PUD will connect to the County's regional water and wastewater
facilities.
6. The Heritage Bay PUD does not exceed the 3,450 (not including the 200 ALF units)
maximum number of residential units on the entire Heritage Bay property.
7. The Heritage Bay PUD is designed to encourage internal vehicle trip capture by
providing commercial and recreational uses and providing for pedestrian and
bicyclist access to internal community recreation and convenience retail centers.
Internal project roadways are connected and provide access to the Activity Center.
8. The Heritage Bay PUD complies with the limitations for commercial development
within the URFTZO. The Heritage Bay Activity Center is limited to 40 acres and the
three "Village Centers" are limited to 26 acres. The Activity Center commercial uses
include a maximum of 150,000 square feet of retail uses and 50,000 square feet of
office uses. The Village Center commercial uses include a maximum of 10,000
square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of
marina related retail uses, and 5,000 square feet of office uses.
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Section 5.4N of the Heritage Bay PUD requires that one transfer of development
right credit shall be acquired from areas identified by the County as "Sending Lands"
for each five gross acres of land area utilized as part of the golf course(s).
The Heritage Bay PUD includes property designated as Urban, Urban Commercial District,
Mixed Use Activity Center Sub-District, Activity Center #3, a "master-planned mixed use
Activity Center". GMP FLUE Section I B 1 states that such master-planned mixed use
Activity Centers "...are understood to be flexible and subject to modification". The
Heritage Bay Activity Center is consistent with the 40-acre size limitation. Its configuration
responds to existing and future surrounding land uses.
Heritage Bay is compatible with and complementary to existing and future surrounding land
uses as required in Policy 5.4 of the FLUE.
Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
The development of the Heritage Bay PUD 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.
SHORT TITLE
This Ordinance shall be known and cited as the "HERITAGE BAY PLANNED UNIT
DEVELOPMENT ORDINANCE".
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SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
PURPOSE
The purpose of this Section is to set forth the legal description and ownership of the
Heritage Bay PUD, and to describe the existing condition of the property proposed to be
developed.
LEGAL DESCRIPTION
All of Sections 13, 14, 23 and 24, and less to the South 100 feet of Sections 23 and 24,
Township 48 South, Range 26 East, Collier County, Florida.
PROPERTY OWNERSHIP
Purchase contracts have been entered into with the existing property owners. Closings
will occur and property acquisition will be concluded at such time as project development
plans have been approved by the County and other jurisdictional agencies. The project
purchaser/developer is U.S. Home Corporation, whose address is 10491 Six Mile
Cypress Pkwy, Fort Myers, Florida 33912.
GENERAL DESCRIPTION OF PROPERTY
The project site is located in Sections 13, 14, 23 and 24, Township 48 South,
Range 26 East, Collier County, Florida, containing approximately 2,562 acres
and is generally located at the northeast corner of the Immokalee Road (CR 846)
and Collier Boulevard (County Road 951)intersection.
The property has been actively mined for limerock by Florida Rock Industries for
over 28 years. Currently the mine is active with 414+ acres of existing quarries
and is permitted to mine an additional 1,286_+ acres for an additional 25 years.
Sections 13, 14 and 24 of the property contain large wetland areas to the north,
which are contiguous to wetlands proposed for the Cocohatchee West Flow-way
and approved for designation by the Corkscrew Regional Ecosystem Watershed
(CREW) Trust. Approximately 533 acres of the wetlands which exist on the
property are in a conservation easement granted to CREW.
The Heritage Bay PUD is bordered on the east by the Bonita Bay East golf courses,
on the north by CREW lands approved for designation as a Natural Resource
Protection Area and on the west by the Mirasol PUD. To the south is Immokalee
Road.
The existing ground elevation of the Heritage Bay PUD varies from approximately
11.0 to 15.5 feet NGVD.
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1.7
DEVELOPMENT OF REGIONAL IMPACT
The Development of Regional Impact (DRI) has been submitted for approval in accordance
with Florida Statues, Chapter 380.06. Nothing in this PUD Ordinance shall be deemed to
waive the DRI and other vesting provisions of Florida Statutes, Section 163.3167(8) and
Chapter 380.
DEVELOPMENT PARAMETERS
The number of dwelling units to be built in the Heritage Bay PUD pursuant to this
PUD and DRI development order will not exceed 3,450 plus an Assisted Living
Facility containing up to 200 units.
B. Up to 54 holes of golf may be built in the Heritage Bay PUD.
Commercial activities are limited to a total of 40 acres within the Activity Center
located at the northeast quadrant of the intersection of Collier Boulevard and
Immokalee Road and three "Village Centers" totaling approximately 26 acres within
the residential part of Heritage Bay. The Activity Center commercial uses will
include a maximum of 150,000 square feet of retail uses and 50,000 square feet of
office uses. The Village Center commercial uses will include a maximum of 10,000
square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet
of marina related retail uses, and 5,000 square feet of office uses.
D. Conservation and Preserve Areas will total a minimum of 863 acres.
DENSITY
A maximum of 3,450 dwelling units and an Assisted Living Facility containing up to
200 units may be built on the Heritage Bay PUD's 2,562+ acres. The gross project
density will be a maximum of 1.3 units per acre. For the purpose of calculating
density, each assisted living facilities/congregate care facilities unit shall be
considered to be equal to .33 of a residential dwelling unit.
At all times all property included within the Heritage Bay PUD shall be included in
determining project density including property reserved or to be dedicated for public
uses, such as, but not limited to, public roadways and conservation areas.
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1.9
BUILDING HEIGHT - DEFINITION
The vertical distance from the first finished floor to the highest point of the roof surface of
a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level
between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor
elevations have been established by law or permit requirements, the building height shall
be measured from such required minimum floor elevations. (See Section 2.6.3 of the
LDC, Exclusions from Height Limits). Required minimum floor elevations shall be in
conformance with the Collier County Building Construction Administrative Code and, if
necessary, FDEP requirements for minimum habitable first-floor structural support.
Infrastructure in support of the building, such as mechanical rooms for fire suppression
and/or air conditioning equipment and elevator shafts are not included in the
determination of building height. Accessory facilities are also exempted from the
limitations established for measuring the height of buildings.
EXISTING EARTHMINING AND RELATED PROCESSING, ASPHALT PLANT,
COMMERCIAL EXCAVATION AND OFF-SITE HAULING
Nothing in this PUD Ordinance shall limit prior approvals for and the continuation and
expansion of the existing earth mining and related processing, asphalt plant, commercial
excavation and off-site hauling operations, by Florida Rock industries, Inc. and the Mule
Pen Quarry Corporation, their successors and assigns, hereinafter collectively referred to
as "Florida Rock Industries." on all areas of the Heritage Bay PUD not designated as a
Preserve Area,
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SECTION II
PROJECT DEVELOPMENT
PURPOSE
The purpose of this Section is to generally describe the plan of development for the
Heritage Bay PUD, and to identify relationships to applicable County ordinances, policies,
and procedures.
GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The Heritage Bay PUD, a proposed 2562± acre master planned community located in
Sections 13, 14, 23 and 24, Township 48 South, Range 26 East in Collier County,
Florida, will include a range of single family and multi-family housing, an assisted living
facility and both water-related and golf-related amenities, along with three Village Centers,
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. The development also includes an Activity
Center located at the northeast quadrant of the intersection of Collier Boulevard (County
Road 951) and Immokalee Road.
Approximately 533 acres of the subject property's wetlands are in a conservation
easement that has been granted to the CREW Trust. Additional undisturbed natural
wetlands and uplands on the north end of the property and a mitigation area located
near Immokalee Road bring the total Conservation and Preserve Area shown on the
Master Concept Plan to 863 acres.
The Heritage Bay PUD Master Concept Plan is illustrated graphically on Exhibit "A"
(WM, Inc. File No. C-0442-55). A Land Use Summary indicating approximate land use
acreages is shown on the Master Concept Plan. The location, size, and configuration of
~,ndividual tracts shall be determined at the time of preliminary subdivision plat approval
with minor adjustments permitted at the time of final plat approval, in accordance with
Section 3.2.7.2 of the LDC.
COMPLIANCE WITH COUNTY ORDINANCES
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Regulations for development of the Heritage Bay PUD 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 which are in effect at the time
of issuance of any development order to which said regulations relate and which
authorize 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.
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.
2.4
2.5
2-2
Unless modified, waived or excepted by this PUD or by subsequent request, the
provisions of other applicable sections of the LDC remain in effect with respect to
the development of the land which comprises this PUD.
All conditions imposed herein are part of the regulations which govern the manner
in which the land may be developed.
The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the
Heritage Bay PUD, except where an exemption is set forth herein or otherwise
granted pursuant to Section 3.2.4 of the LDC.
The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply
to the Heritage Bay PUD, except where an exemption is set forth herein or
otherwise granted pursuant to Section 3.3.4 of the LDC.
COMMUNITY DEVELOPMENT DISTRICT
The developer may elect to petition to establish a Community Development District (CDD)
to provide and maintain infrastructure and community facilities needed to serve all of or a
portion of the project. Such a CDD would constitute a timely, efficient, effective, responsive
measure to ensure the provision and on-going maintenance of facilities and infrastructure
for the proposed development. Such infrastructure improvements, as would be
constructed, managed and financed by such a CDD, shall be subject to, and shall not be
inconsistent with, the GMP and all applicable ordinances dealing with planning and
permitting of the Heritage Bay project.
SUBSTITUTIONS TO DESIGN STANDARDS
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 or approved during preliminary subdivision plat approval. The developer also
retains the right to establish gates, guardhouses, other access controls, signs and
monuments as may be deemed appropriate by the developer on all project
roadways.
Roadways within the Heritage Bay PUD shall be designed and constructed in
accordance with Section 3.2.8. of the LDC with the following substitutions:
LDC, Section 3.2.8.3.19: Street name signs shall be approved by the
Planning Services Director, but need not meet the U.S.D.O.T.F.HW.A.
Manual on Uniform Traffic Control Devices. The requirements for street
pavement painting, street striping, and reflective edging shall be waived.
LDC, Section 3.2.8.4.16.6: The 1,000-foot length cul-de-sac street
maximum shall be waived.
LDC, Section 3.2.8.4.16.5 - Street right of way width: The minimum right
of way to be utilized for a local street within the Heritage Bay PUD shall
be 50 feet.
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A pedestrian and bicycle pathway network shall be established throughout the project as
shown conceptually on the Heritage Bay PUD Bicycle/Pedestrian Plan. The pedestrian
and bicycle system will serve to link the Activity Center and the three Village Centers
areas with residential uses throughout the project. See Exhibit "C". Sidewalks and bike
paths shall conform to Section 3.2.8.3.17 of the LDC except as follows.
All streets designated as "Bikepath Loop" on Exhibit "C" shall have a 4-four foot
wide bike lane on each side of the street within the right-of-way.
All locations designated as "Sidewalk" on Exhibit "C" shall have a 4-foot wide
sidewalk on one side of the street within the right-of-way or an off-street sidewalk.
The area designated as internal "Bikepath/Sidewalk Loop" on Exhibit "C" shall have
an 8-foot wide internal bikepath/sidewalk loop permitted within the drainage and
maintenance easement(s).
PROJECT NAME AND ROAD NAMES
The provisions of Section 3.2.7.1.2 and 3.2.8.3.19 of the LDC and Ordinance No. 03-14
which place restrictions on the duplication or use of closely approximate names, for
projects and subdivisions shall be waived to allow the entire project and subdivisions
within the project to utilize the words "Heritage Bay" as part of their respective names,
provided that:
Ao
Only the main entrance road within the Heritage Bay PUD may be named
Heritage Bay Boulevard.
~AKE
No other roadway within the Heritage' Bay PUD will include the word "Heritage" in
its name. All roadway names shall be subject to approval by the Planning
Services Director during the preliminary subdivision plat approval process.
SETBACK AND EXCAVATION
As depicted on the Heritage Bay PUD Master Concept Plan, lakes have been
preliminarily sited, with the ultimate location and configuration to be determined
during the site development review stages of project development.
All lakes greater than two acres may be excavated to the maximum commercial
excavation depths set forth in Section 3.5.7.3.1. of the LDC.
Lake banks and edge of water may be sculpted for aesthetic purposes and to
complement the overall project theme. The developer may use combinations of
vertical bulkheads (rock, concrete, wood), vegetation, beach and earthen berms
for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4 of the LDC.
Sidewalks may be constructed along the lake edges.
Final lake area determinations shall be in accordance with the South Florida
Water Management District stormwater criteria and Section 3.5.7. of the LDC.
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E. Lake Setbacks
The lake setback requirements described in Section 3.5.7.1 of the LDC
may be reduced with the administrative approval of the Community
Development and Environmental Services Administrator.
Lake excavations shall be located so that the control elevation shall
adhere to the following minimum setback requirements, unless
bulkheading is provided, per LDC and Florida Department of
Transportation (FDOT) standards:
Lakes and stormwater management features may be located
adjacent to internal roads. The roads shall be designed to
AASHTO road standards and shall incorporate such factors as
road alignment, travel speed, bank slope, road cross sections, and
barriers.
2,8
b. Lakes and stormwater management features shall be set back a
minimum of 20 feet from external property boundaries of the
Heritage Bay PUD.
MODEL HOMES/SALES CENTERS/SALES OFFICES/CONSTRUCTION OFFICES
A. Model homes, sales centers, sales offices, construction offices, and other uses
and structures including temporary sales and temporary service centers related
to the promotion and sale of real estate, such as but not limited to pavilions,
viewing platforms, gazebos, parking areas, and signs, shall be permitted principal
uses throughout the Heritage Bay PUD subject to the requirements of Section
2.6.33.4 and, Section 3.2.6.3.6 of the LDC.
B. The limitation of Section 2.6.33.4.1.5(a) of the LDC, regarding the number of
· model homes allowed prior to plat recordation shall be applicable to each
subdivision tract rather than each subdivision phase.
C. The model home/sale centers temporary use permits shall be valid through the
buildout of the project with no extension of the temporary use required.
D. Model home/sale centers may be either wet or dry facilities. The model home/sale
centers may use septic tanks or holding tanks for waste disposal subject to
permitting under Section 10D-6, Florida Administrative Code, and may use potable
water, existing lakes or irrigation wells for irrigation.
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CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Changes and amendments may be made to this PUD Ordinance or the Heritage Bay
PUD Master Concept Plan as provided in Section 2.7.3.5 of the LDC. Minor changes or
refinements as described herein may be made in connection with any type of
development or permit application required by the LDC.
The Community Development and Environmental Services Administrator shall be
authorized to approve minor changes and refinements to the Heritage Bay PUD Master
Concept Plan upon written request of the developer.
A. The following limitations shall apply to such requests:
The minor change or refinement shall be consistent with the Collier County
GMP and the Heritage Bay PUD document.
The minor change or refinement shall not constitute a substantial change
pursuant to Section 2.7.3.5.1. of the LDC.
The following shall be deemed minor changes or refinements:
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.
Internal realignment of rights.of-ways, including a relocation of access
points to the Heritage Bay PUD itself, where water management facility,
preservation areas, or required easements are not adversely affected or
otherwise provided for.
3. Reconfiguration of parcels when there is no encroachment into the
conservation area.
Minor changes and refinements as described above shall be reviewed by
appropriate Collier County Staff to ensure that said changes and refinements are
otherwise in compliance with all applicable County Ordinances and regulations in
effect prior to the Community Development and Environmental Services
Administrator's consideration for approval.
Approval by the Community Development and Environmental Services
Administrator 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.
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COMMON AREA MAINTENANCE
Common area maintenance will be provided by a CDD or a Property Owners' Association.
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 the
Heritage Bay PUD, in accordance with the provisions of Collier County Ordinances,
together with any applicable permits from the South Florida Water Management District.
Most common area maintenance will be provided by a Property Owners' Association or
other appropriate entity whose function shall include provisions for the perpetual care and
maintenance of all common facilities and open space subject further to the provisions of the
LDC, Section 2.2.20.3.8.
2.11
LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Heritage Bay PUD. 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
Fence or wall maximum height: Ten feet 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
visual impact of the wall, the wall height shall be measured from the top of the berm
elevation and shall not exceed 8 feet in height.
Fences and walls which are an integral part of security and access control
structures such as gatehouses and control gates shall be governed by the height
limitations for principal structures of the District in which they are located. In the
case of access control structures within rights-of-way adjoining two or more
different Districts, the more restrictive height standard shall apply.
Fences or walls may be placed zero feet from the internal rights-of-way provided
that shrubs are provided in the right-of-way and may be located five feet from the
project perimeter.
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Water management systems, drainage structures and utilities are allowed in
landscape buffers/easements subject to the provisions in Section 2.4.7.3 (1), (2)
and (3) of the LDC. Pedestrian sidewalks and or bike paths and signs are allowed
in landscape buffers/easements subject to the provisions of Section 2.4.7.3.(4) of
the LDC.
Within the project, landscaping (including palm trees, shrubs and ground cover),
sidewalks/paths will be allowed within a utility easement, including placement
within three feet of a utility line. Canopy trees may be located seven feet from
the utility line, said seven feet being measured from the trunk of the tree to the
center of the utility line. Reconstruction of sidewalks/paths, or
modification/reinstallation of plant materials due to the necessary maintenance of
utility lines will be the responsibility of the developer, its successors, or assigns.
CLEARING AND FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Heritage Bay
PUD. Fill material may be transported and stockpiled within areas which have been
disturbed. Prior to stockpiling in these locations, the developer shall notify the
Community Development and Environmental Services Administrator. The
following standards shall apply:
1. Stockpile maximum height: 45 feet
2. Fill storage areas in excess of 5 feet 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).
B. Soil erosion control shall be provided in accordance with Division 3.7 of the LDC.
PRELIMINARY SUBDIVISION PLAT PHASING
~Submission, review, and approval of preliminary subdivision plats for the project may be
accomplished in phases to correspond with the planned development of the property.
GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Heritage Bay PUD
except in the Preserve District. General permitted uses include the continuation of earth
mining, asphalt/concrete plant, rock crushing and commercial excavation operations, and
those uses which generally serve the residents of the Heritage Bay PUD and are typically
part of the common infrastructure or are considered community facilities.
A. General Permitted Uses:
Essential services as set forth under Section 2.6.9.1 of the LDC.
Water management facilities and related structures.
3. Temporary sewage treatment facilities.
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10.
11.
12.
2-8
Septic system for remote golf shelters
Water management facilities and related structures including lakes with
bulkheads or other architectural or structural bank treatments.
Guardhouses, gatehouses, and access control structures.
Architectural features and elements including walls, fences, arbors, gazebos
and the like.
Community and neighborhood parks, boardwalks, trails and recreational
facilities.
Temporary construction, sales, and administrative offices for the developer
and the developer's authorized contractors and consultants, including
necessary access ways, parking areas and related uses.
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 the Heritage Bay PUD.
Fill storage, site filling and grading are subject to the standards set forth in
Section 2.12 of the Heritage Bay PUD.
Earth mining and related processing, asphalt/concrete plant, rock crushing,
commercial excavation and off-site hauling, subject to the terms of prior
approvals referenced in Section 2.7 - Lake Setback and Excavation of the
Heritage Bay PUD and the_following:
Florida Rock Industries will continue to conduct mining operations
and mining related activities on portions of the site pursuant to
Collier County Excavation Permit No. 59.113, and any subsequent
modifications approved by Collier County, for the portions of the
property owned by Florida Rock Industries. This project will be
developed in stages through transfer of property ownership from
Florida Rock Industries to U.S. Home Corporation.
bo
Where the existing approvals and excavation permit are less
restrictive by their terms than the provisions of the Heritage Bay
PUD approval, the provisions of the existing excavation permit and
other approvals shall prevail for any areas that remain owned by
Florida Rock Industries, Inc. For any areas that are transferred to
U.S. Home, the terms of the Heritage Bay PUD Ordinance shall
control.
Excavation for earth mining shall be consistent with that shown on
the Heritage Bay PUD Master Concept Plan. No additional impacts
to the Preserve Area shall be allowed as a result of the existing
excavation permit for earth mining activities.
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2.16
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B. Development Standards:
Unless otherwise set forth in this Document, the following development
standards shall apply to general permitted uses:
Guardhouses, gatehouses, signage, landscape features, and access control
structures shall have no required setback.
Other general permitted uses shall be set back a minimum of five feet from
property lines except for the temporary treatment plant which shall have a
minimum setback of 100 feet from property lines.
Minimum distance between structures which are part of an architecturally
unified grouping - Five feet.
4. Minimum distance between unrelated structures - Ten feet.
5. Maximum height of buildings - 35 feet.
6. Maximum height of architectural features - 65 feet.
Maximum height of earth mining, asphalt/concrete plant and rock crushing
structures - 50 feet.
8. Minimum floor area - None required.
9. Minimum lot or parcel area - None required.
10.
Sidewalks and bikepaths may'occur within County required buffers subject
to the provisions in Section 2.4.7.3.(4) of the LDC.
11.
Standards for parking, landscaping, signs and other land uses, where such
standards are not specified herein, are to be in accordance with the LDC
provision(s) in effect at the time this PUD is approved.
OPEN SPACE REQUIREMENTS
The Heritage Bay PUD Master Concept Plan identifies approximately 1793+ acres included
in the preserves, lakes, recreation, open space, golf courses and buffer areas. These
areas fully satisfy the open space requirements of Section 2.6.32 of the LDC and the
requirement in the Urban-Rural Fringe Transition Zone Overlay that "70% of the property
be open space".
NATIVE VEGETATION RETENTION REQUIREMENTS
The 863+ preserve acres on site fully satisfy the requirements of Section 3.9.5.5.2. of the
LDC.
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2.17
SlGNAGE
A. General
All Collier County sign regulations in force at the time of approval of this
Ordinance shall apply unless such regulations are in conflict with the
conditions set forth in this Section, in which case the PUD Document shall
govern.
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.
Should any of the signs be placed within a County dedicated right-of-way,
a right-of-way permit shall be applied for and approved, except for
signage pertaining to and/or facilitating traffic movement.
All signs shall be located so as not to cause sight line obstructions.
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.
o
Signs may be allowed in landscape buffers/easements
Entrance and boundary markers may be placed prior to subdivision
approval provided a building permit for the markers is obtained prior to
placement.
Boundary Markers
Boundary marker monuments containing project identification signs
designed to promote the project or any major use within the project shall be
permitted along the project boundaries. V-type boundary marker
monuments shall be permitted only at intersections.
A maximum of ten boundary marker monuments shall be permitted.
The sign face area of each side of the boundary marker monument shall not
exceed 64 square feet and shall not exceed the height or length of the
monument upon which it is located. If the boundary marker monument is
two-sided, each sign face shall not exceed 64 square feet of area.
The total sign face area shall not exceed 64 square feet. The size of the
letters, graphics, and the typography and color scheme used in each
individual project, business, or directional identification on boundary marker
monument(s) shall be similar to and consistent with the other identifications
placed on the same boundary marker monument.
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Sign face area is calculated by total square footage of name, insignia,
and motto only.
Boundary marker monuments may not exceed a height of eight feet above
the crown of the nearest road.
Boundary marker monuments may be lighted provided all lights are
directed to the sign or are shielded.
Directional or Identification Signs
Directional or identification signs may be allowed internal to the Heritage
Bay PUD. 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 6 square feet per side or signs
maintaining a common architectural theme may be combined to form a
menu board with a maximum size of 64 square feet per side and a
maximum height of eight feet.
No building permit is required unless such signs are combined to form a
menu board.
Residential Project Entrance Signs
One ground or wall-mounted entrance sign may be located on both sides
of each entrance right-of-way and in the entry median of each individual
residential development within the Heritage Bay PUD. Such signs may
contain the name of the subdivision and the insignia or motto of the
development. These signs may be one, two or three-sided.
The size of letters, graphics, and the typography and color scheme used in
individual project on an entrance sign shall be similar and consistent. Such
signs may contain up to four individual project or identification message
areas per side, as long as the total sign face on each side does not exceed
100 square feet in area.
No sign face area shall exceed 100 square feet and the total sign face
area at each entrance may not exceed 200 square feet. If the sign is a
single, two-sided sign, each sign face shall not_exceed 100 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. Where a three-sided sign is utilized,
the third sign side shall face internal to the development and the sign
message area shall not exceed ten square feet.
The setback for the signs from any rights-of-way and any perimeter
property line shall be five feet.
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Entrance signs may be lighted provided all lights are directed to the sign
or are shielded.
Entrance signs shall not exceed a height of 20 feet above the finished
grade level of the sign site. For the purpose of this provision, finished
grade level shall be considered to be no greater than 18 inches above the
highest crown elevation of the nearest road.
Internal Signs
Residential and community facility entrance signs may be located on both
sides of the neighborhood entrance street and within the entry medians.
Setbacks from internal road rights-of-way may be zero feet. Such signs
shall be used to identify the location of neighborhoods, clubhouse,
recreational areas and other features within the Heritage Bay PUD.
Individual signs shall be a maximum of 100 square feet per sign face
area. Such signs shall have a maximum height of 12 feet. No building
permit is required.
Identification signs for approved uses such as sales centers, information
centers, Village Centers, or the individual components of the development
may be allowed internal to the project. Individual signs shall be a
maximum of 6 square feet per side. Signs maintaining a common
architectural theme may be combined to form a menu board and shall be
a maximum size of 64 square feet per side and a maximum height of 8
feet.
Village Center Signs
Village Center entrance signs may be located on both sides of the
entrance drive to a Village Center and within its entry median. Setbacks
from internal road rights-of-way may be zero feet. Such signs may be
used to identify the location of Village Center, clubhouse, recreational
areas and other features within the Heritage Bay PUD. Individual signs
shall be a maximum of 100 square feet per sign face area. Such signs
shall have a maximum height of 12 feet. No building permit is required.
Wall, Mansard, Canopy or Awning Signs
a. One wall, mansard, canopy or awning sign shall 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 three signs. Such signs shall not be combined
for the purpose of placing the combined area on one wall. In
addition, outparcels within a Village Center shall be allowed one
additional wall sign facing the Village Center, if the additional sign
is not visible from any road right-of-way. The combined' area of
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those signs shall not exceed the maximum allowable display area
for signs.
The maximum allowable display area for signs shall not be more
than 20 percent of the total square footage of the visual facade of
the building to which the sign will be attached and shall not, in any
case, exceed 250 square feet in area for any one sign.
Pole signs
Two pole signs shall be permitted for each internal street, provided there
is a 500-foot separation between such signs.
ao
Maximum allowable sign area: 100 square feet per side, if two
sided
b. Maximum allowable height: 20 feet
Setbacks: 10 feet from any rights-of-way or property lines.
Spot or floodlights may be permitted provided said light shines
only on the signs and is shielded from motorists and adjacent
residents.
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 sign shall not project more than four feet from the
building wall to which it is attached.
A projecting sign shall not extend above the roofline of the building
to which it is attached.
Projecting signs shall not project into rights-of-way,
Projecting signs, which project over any pedestrian way(s), shall
be elevated to a minimum height of eight feet above such
pedestrian way.
Under-Canopy Signs
In addition to any other sign allowed by this ordinance, one under-canopy
sign shall be allowed for each establishment in the Village Center. Such
a sign shall not exceed six square feet in area and shall be a minimum of
eight feet above finished grade.
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Activity Center Commercial Signs
Activity Center Commercial Project Entrance Signs, Project Directory Signs, and
Free-Standing Use Monument Signs shall conform to the requirements of
Division 2.5 of the LDC.
Real Estate Signs
Real estate signs with a maximum size of six square feet per side shall be
permitted. No building permit is required.
Temporary Signs
Temporary signs shall conform to the requirements of Division 2.5 of the LDC.
Special Event signs are permitted. Such signs shall not exceed 32 square feet in
size per side. Such sign shall be located no closer than 15 feet to any property
line. No building permit is required.
Grand Opening Signs
Grand Opening Signs may be displayed on-site. Such sign shall not exceed 32
square feet on a side and 64 square feet total. Any banner signs shall be
anchored and shall be displayed on-site for a period not exceeding 14 days
within the first three months that the entity displaying the sign is open for
business.
Construction Entrance Signs
1. Two "construction ahead" signs may be located at appropriate distances
from a construction entrance. Such signs shall be a maximum of 20
square feet each in size. No building permit is required.
One sign may be located at each construction entrance to identify the
entrance as such. Such signs shall be a maximum of 20 square feet
each in size. No building permit is required.
Traffic Signs
Traffic signs, such as street signs, stop signs, and speed limit signs, shall
be designed to reflect a common architectural theme.
The placement and size of such signs shall be in accordance with FDOT
criteria.
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UTILITIES
Ao
Water distribution, sewage collection and transmission systems shall be
constructed throughout the project by the developer. Potable water and sanitary
sewer facilities constructed within platted rights-of-way or within dedicated
County utility easements shall be conveyed to Collier County, pursuant to Collier
County Ordinance 01-57, as amended, except as may be provided in Section 2.4
of this Document.
All customers connecting to the potable water and sanitary sewer system shall
be customers of the County, except as may be provided in Section 2.4 of this
document.
Temporary construction and/or sales trailers may use septic tanks or holding
tanks for waste disposal, subject to permitting under Rule 10D-6, Florida
Administrative Code, and may use potable or irrigation wells.
Golf course rest stations and maintenance buildings may be permitted to use
septic tanks or holding tanks for waste disposal, subject to permitting under Rule
10D-6, Florida Administrative Code, and may use potable or irrigation wells.
2.19 SURFACE WATER MANAGEMENT SITE FILLING AND GRADING
In accordance with the rules of the South Florida Water Management District, this
project shall be designed for a storm event of a three-day duration and 25-year
return frequency.
The Heritage Bay PUD is a reclamation project from an existing mining activity.
Lake excavations and littoral zone plantings shall conform to the requirements of
the GMP and LDC in effect at the time of final development order approval. The
following GMP policies and LDC regulations have been applied to this PUD to
create the resultant regulations.
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The Heritage Bay PUD shall comply with the regulations for all wet
detention ponds that are used as a part of its water management system,
as identified by its South Florida Management District Environmental
Resource Permit. Wet detention ponds are described as lakes that
provide 1" of water quality detention. Attenuation lakes are described as
lakes that provide flood attenuation but not the required water quality
detention. Wet detention ponds, or portions thereof, within the urban
boundary shall have a littoral shelf with an area equal to 7% of the pond's
surface area measured at the control elevation. The littoral areas shall be
planted with native aquatic vegetation. Wet detention ponds, or portions
thereof, outside the urban boundary shall have a littoral shelf with an area
equal to 30% of the pond surface area measured at the control elevation.
The littoral areas shall be planted with native aquatic vegetation. The
2-16
total area of littoral plantings shall be calculated and the planting areas
shall be provided in accordance with Division 3.5 of the LDC. '
As an alternative to the planting or creation of littoral shelves, credit for
wetlands that are preserved above the minimum required by Policy 6.1 of
the Conservation and Coastal Management Element shall be applied
toward meeting littoral zone planting area requirements on a ratio of one
to one. For each acre of wetlands set aside above the minimum
requirement of said Policy 6.1, one acre of littoral zone plantings shall be
subtracted from the littoral zone planting area requirements. Said Policy
6.1 requires preservation of 40% of native vegetation present not to
exceed 25% of the total PUD property. Twenty-five percent of the PUD's
total site area (2562 acres) is 640 acres. This PUD provides for
preservation of 863 acres of native vegetation including wetlands that
have significant hydrologic value, therefore the extra 221 acres shall be
credited toward meeting littoral zone planting area requirements.
Lake side slopes shall be sloped at 4:1 from control elevation to a depth of five feet.
2.20 ENVIRONMENTAL
The developer shall be subject to Division 3.9 of the LDC, in effect at the time of
permitting, requiring the acquisition of a tree removal permit prior to any land
clearing.
All invasive exotic plants, as defined in the LDC, shall be removed from
development areas, open space areas, and preserve areas during each phase of
construction. Following site development, a continuing maintenance program
shall be implemented to prevent reinvasion of the site by such exotic species.
All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be recorded on the plat with
protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers
shall he provided in accordance with Section 3.2.8.4.7.3 of the LDC. Conservation
easements shall be dedicated on the plat to the homeowners' association, or like
entity, for ownership and maintenance responsibility and to Collier County with no
responsibility for maintenance.
Buffers shall be provided around wetlands, extending at least 15 feet landward from
the edge of wetland preserves in all places and averaging 25 feet from the
landward edge of wetlands. Where natural buffers are not possible, structural
buffers shall be provided in accordance with the State of Florida Environmental
Resources Permit Rules and be subject to review and approval by Environmental
Services Staff.
Final alignment and configurations of water management structures 'shall be
subject to minor field adjustments to minimize habitat destruction.
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The developer shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation
Commission (FFWCC) regarding potential impacts to protected species on-site.
A Habitat Management Plan for those protected species shall be submitted to
Environmental Services Staff for review and approval prior to final site
plan/construction plan approval.
TRANSPORTATION
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The developer shall provide street lighting at the project entrances in conjunction
with the construction of same.
The developer shall make a fair share contribution toward the capital cost of a
traffic signal on Immokalee Road and any access point(s) when, and if deemed
warranted by Collier County. The signal shall be owned, operated and
maintained by Collier County.
The developer shall dedicate a 100-foot right-of-way along the western boundary
of the Heritage Bay property from the southwest corner of the property north to
the conservation/preserve area (approximately the mid-point of Section 14),
which is a distance of generally 1~ mile, to the County. The developer shall
receive no impact fee credits for the dedication. The dedication shall take place
within the timeframe established by Subsection 2.2.20.3.7 of the LDC.
If the County acquires the needed right-of-way at the intersection of County Road
951 and Immokalee Road (not owned or controlled by the developer), then the
developer shall construct for a distance of ¼ mile from said intersection a 2-lane
access road within the 100-foot dedicated right-of-way. The developer shall
receive no impact fee credits for the cost of such construction. The developer
shall construct this 2-lane access road to arterial standards within a multilane
urban arterial cross section.
Within 45 days of the County's issuance of a Notice to Proceed on a construction
contract to widen immokalee Road to six lanes between 1-75 and the eastern
boundary of the Heritage Bay project, the developer shall prepay to the County
the first $5,000,000.00 of the Heritage Bay road impact fees for the purpose of
advancing the six-laning of Immokalee Road from 1-75 to Collier Boulevard and
from Collier Boulevard to the eastern boundary of the Heritage Bay project. In
exchange for this prepayment, Collier County shall: (a) modify the Immokalee
Road construction project east of Collier Boulevard (Project #60018) to provide
six lanes on Immokalee Road from Collier Boulevard to at least the eastern
boundary of Heritage Bay, and (b)advance the construction of the six-laning of
Immokalee Road between 1-75 and Collier Boulevard to at least 2006, unless
unforeseen circumstances make it impractical to meet this schedule. If the
construction is phased as two or more phases, the impact fee prepayment shall
be phased and equally apportioned for each phase.
2.22
2-18
The road impact fee prepayment of $5,000,000.00 shall be applied as the first
50% payment required under Division 3.15 of the LDC to obtain Certificates Of
Public Facility Adequacy which Certificates shall be issued by County upon
receipt of payment.
The developer shall not request a full median opening on Immokalee Road, nor
on County Road 951, any closer than ~ mile from the intersection of said
roadways. However, a right-in and right-out access may be constructed on either
or both of these roadways within that ~ mile distance at the ¼ mile distance.
The developer shall not be entitled to receive building permits for more than 2,588
dwelling units (which represent 75% of the total approved number of dwelling units)
until the first of the following occurs: (1) County Road 951 Extension is under
construction to connect to Bonita Beach Road for more than ~ a mile north of its
current terminus at Immokalee Road, or (2) after July 1, 2006 and together with the
completion of the Lee/Collier County Project Development and Environmental
Study for County Road 951 Extension and approval of the" no build" option by the
respective Lee and Collier County Commissions, or (3) July 1, 2008. Building
permits for dwelling units which meet the County's guidelines for workforce or
affordable housing are exempt from and shall not be included in calculating the
2,588 dwelling unit building permit limitation.
OTHER PUBLIC BENEFIT COMMITMENTS
General Government Site
The developer agrees to donate 7.73 acres to the County for utilization by the
County as a satellite operations center including emergency medical services,
sheriff's substation, fire station, pump station, well site and general government
center including offices for other constitutional officers. This donation is not subject
to the receipt of impact fee credits.
Parks and Recreation
The developer agrees to prepay $2.8 million in park impact fees to the County
within 45 days of the effective date of this Ordinance. This amount shall be credited
against the park impact fees due from the development. Additionally, the developer
will donate $717,000 to the County for use in developing regional park facilities.
This payment is in lieu of any donation to the County of any lake system, or access
thereto, within the project.
Well Sites
Responsibility of the Developer:
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Provide locations for six potential well sites with each site capable of fitting
two wells for use by Collier County for potable water supply wells,
supplemental water wells, and/or aquifer storage and recovery wells.
Three well sites will be located as shown on Exhibit D 1. The easements for
each well site will be as shown on Exhibit D 1.
Well sites 4 - 6 may be located in one of the following two optional locations
with the understanding that wells 4, 5 and 6 must be located within the same
optional location. The optional locations are:
Option 1 - 951 right-of-way as deeded by the developer to Collier County
Option 2 - Littoral zone between the recreational lake and the south
property line of the project.
These two optional locations are shown on Exhibit D 2. It is agreed that Option
1 will be utilized provided that the Predesign and Engineering (PD&E) study for
the 951 extension shows that 951 is not feasible for construction at this location,
which is approximately 1 mile north of the Immokalee Road/951 Intersection.
Should the PD&E study show the feasibility of 951 at this location, then Option 2
will be utilized.
Sizing of Electrical Systems for Heritage Bay will be coordinated with Collier
County to ensure that FP&L projections and installation of equipment will
accommodate these well pumps and generators.
5. Proposed well locations shown on Exhibits D 1 and 2 will not be utilized for
littoral credit or be placed in a conservation easement by the developer.
~ollier County Government will be Responsible for:
Design, permitting, funding, developing, and maintaining all transmission
lines, wells and well sites located on the Heritage Bay project.
All wells and generators will be encased within a building which is
architecturally compatible with the surrounding buildings or located in an
underground vault.
3. Total cost of transmission lines including design, purchase, and installation.
4. Well sites may result in environmental impacts.
cost and permitting will be by Collier County.
General Conditions:
Mitigation and all associated
The easement granted for each well site shall be as shown below:
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Well Site 1 - 100 feet by 100 feet
Well Site 2 - 150 feet by 150 feet
Well Site 3 - 100 feet by 100 feet (all above ground facilities shall be Iow
profile and minimized to the greatest extent possible at this location)
4. Well Site 4, 5 and 6
ao
Option I locations - 100 feet by 150 feet
Option 2 locations - middle site 150 feet by 150 feet and two sites
on either side 100 feet by 100 feet
Landscaping shall be initially installed by Collier County to specifications
mutually agreed to between the developer and Collier County. Once
installed the developer shall be responsible for the maintenance of
landscaping for well sites 1-2 and for well sites established under Option
2. Landscaping for well sites established under Option 1 will be
maintained by Collier County Government.
Approximate locations are shown in the attachments. Final locations to
be approved by US Home or the landowner.
Proposed wells will not prohibit or impact existing or proposed land uses.
Transmission lines will be loCated around the perimeter of the project
either within the 100' right-of-way dedication to Collier County along the
western property boundary or within the SFVVMD 100' Canal right-of-way.
2.23
ARCHAEOLOGICALRESOURCES
Any significant archaeological sites discovered within the Heritage Bay PUD shall
be preserved in perpetuity and shall be recorded as "preserve" on all appropriate
plats, site plans, and the Master Development Plan for the Heritage Bay PUD.
In areas where there are existing archaeological sites in the vicinity of proposed
development, a buffer or conservation easement averaging 25 feet in width, or
other equivalent protection (such as temporary fencing or other structural
barriers), shall be placed around the archaeological sites. Any exotic vegetation
removal in these areas shall be by hand and not by mechanical means.
The developer shall support registration of any significant archaeological sites in
the National Re,q ster of Historic Places.
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2.24
The developer shall cooperate with the Division of Historical Resources' (DHR)
investigation of any existing sites by allowing access to the archaeological sites
by the State, whenever such access can be reasonably accommodated.
If any additional archaeological/historical sites are discovered during
development activities, all work in the immediate vicinity of such sites shall cease
immediately, and the developer shall contact DHR, Southwest Florida Regional
Planning Commission (SWFRPC), and Collier County Code Enforcement
Department so that a state-certified archaeologist can determine the significance
of the find and recommend appropriate preservation and mitigation actions, as
necessary.
AFFORDABLE HOUSING
Bo
The developer shall construct on-site on the lands designated "AC/R3" on the
Master Concept Plan a minimum of 160 townhouse units and a maximum of 190
townhouse units to be offered for sale to persons meeting the Collier County
affordable housing guidelines for 80% moderate income level for a period
beginning with the date of issuance of the building permit for each building
containing said townhouse units, and continuing for six (6) months thereafter, or
for 30 days after the Certificate of Occupancy for each building containing said
townhouse units is issued, whichever is later. Aisc, for a time period extending
from the date of the issuance of the Certificate of Occupancy, the developer shall
offer the remaining unsold units to the County or its designee for purchase for a
period of 45 days after which time any unsold unit may be sold at market rates.
The developer shall donate $475,000 to Habitat for Humanity of Collier County
("Habitat"). The donation represents one-half of the purchase price of 10 acres
of land currently under contract by Habitat and located just south of Immokalee
Road and generally east of County Road 951. The donation shall occur within
120 days of the final approval of the Heritage Bay PUD/DRI by the Board of
County Commissioners and the expiration of all appeal periods without an appeal
being filed.
Prior to the issuance of the final Certificate of Occupancy for the development
the developer shall have all the affordable housing units on-site completed and
available for occupancy. At a minimum, the affordable housing units shall be
phased in thirds to coincide with the development of other residential dwelling
units in the project.
If the developer constructs less than 190 affordable housing townhouse units on-
site, for each unit less than the maximum of 190, the developer shall donate the
sum of $10,000 per unit to Habitat. For example, if 180 affordable housing
townhouse units are constructed on-site, the developer would donate
$100,000.00 to Habitat, which represents 10 units times $10,000.
At any time in the future, should the developer request an extension to the
approved build-out date for the project, the developer shall re-examine the
housing needs of the project and provide an updated re-analysis of 'the
affordable housing required. The developer shall use the methodology in use at
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2-22
2.25
2.26
the time of the re-analysis by SWFRPC, the Florida Department of Community
Affairs, and Collier County. Any future mitigation requirements that are caused
as a result of the re-analysis shall be consistent with the options listed in Rule 9J-
2.048 of the Florida Administrative Code.
MONITORING REPORT
An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC.
SUNSETTING
This PUD is not subject to the sunsetting provision of Section 2.7.3.4 of the LDC. The
DRI Development Order for the Heritage Bay Community, relative to duration, shall
govern.
N0442-005-003- PPHS- 26~)02
3.1
3.2
3.3
PURPOSE
whole or part, for other than the following:
A.
SECTION III
RESIDENTIAL DISTRICTS
The purpose of this Section is to identify permitted uses and development standards for
areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept
Plan as "RI", "R2", "R3" and "R4" Districts
GENERAL DESCRIPTION
Areas designated as "RI', "R2", "R3" and "R4" Districts on the Heritage Bay PUD Master
Concept Plan are 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 "RI", "R2", "R3" and "R4" Districts is indicated on the
Heritage Bay PUD Master Concept 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 or preliminary subdivision plat approvals in accordance with
Division 3.3, and Division 3.2, respectively, of the LDC. Residential tracts are designed to
accommodate internal roadways, open spaces, recreational facilities and other similar uses
found in residential areas.
PERMITTED USES AND STRUCTURES - "RI" AND "R2" DISTRICTS
No building or structure, or part thereof, shall be erected, altered or used, or land use, in
Principal Uses:
Single family detached dwellings.
Single family attached, townhouse dwellings and duplexes.
Zero lot line dwellings
Multi-family dwellings, Iow-rise
Assisted living facilities
Model homes, sales centers including administrative offices and
construction offices.
Any other principal use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
Accessory Uses:
Accessory uses and structures customarily associated with the principal
uses permitted in this District, including garages, gazebos, picnic areas
pedestrian and bicycle paths, tennis courts, swimming pools, other
facilities intended for outdoor recreation, project maintenance facilities,
?/3012OO3-119347 Vet: 151- DV~EHR
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3.4
3.5
guest houses, cabana bedrooms, boat docks, beaches, boat ramps, piers
or other such facilities constructed for purposes of lake recreation for
residents of the project and their guests, other recreational facilities.
Any other accessory use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
PERMITTED USES AND STRUCTURES - "R3" DISTRICT
No building or structure, or part thereof, shall be erected, altered or used, or land use, in
whole or part, for other than the following:
A. Principal Uses:
All of the uses permitted in the Residential "RI" and "R2" Districts.
Multi-family dwellings, Iow-rise.
Any other principal use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
B. Accessory Uses:
All of the accessory use permitted in the Residential "RI" and "R2"
Districts.
Any other accessory use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
PERMITTED USES AND STRUCTURES - "R4" DISTRICT
No building or structure, or part thereof, shall be erected, altered or used, or land use, in
whole or part, for other than the following:
A. Principal Uses:
1. All of the uses permitted in the Residential "R3" District.
2. Multi-family dwellings, mid-rise.
o
Any other principal use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
B. Accessory Uses:
All of the accessory use permitted in the Residential "R3" District.
Any other accessory use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
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3.6
DEVELOPMENT STANDARDS
Bo
Fo
Table 1 and Table 2 set forth the development standards for land uses
within the "RI", "R2", "R3" and "R4" Districts.
Site development standards for single family uses apply to individual
residential lot boundaries. Multi-family standards apply to platted parcel
boundaries.
Multiple family buildings shall have 1.5 parking spaces for all bedroom
unit types, with an additional 10 percent of parking for multiple family
buildings to accommodate guest parking.
Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein are to be in accordance with the LDC in
effect at the time of site development plan approval or preliminary
subdivision plat approval. Unless otherwise indicated, required yards,
heights, and floor area standards apply to principal structures.
Development standards for uses not specifically set forth in Table I and
Table 2 shall be established during site development plan approval as set
forth in Division 3.3. of the LDC 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 1 and Table 2, subject to the
requirements of Section 2.6.27 of the LDC. Common open space
requirements are deemed satisfied pursuant to Section 2.15 of this PUD.
Off Street Parking For Multi-Family Uses
1. A green space area of at least 10 feet or more in width as measured
from pavement edge to pavement edge shall separate any parking
aisle or driveway from any abutting road, with the exception of cul-
de-sacs serving 24 units or less.
2. Off-street parking required for multi-family tracts of 120 or more units
shall be accessed by parking aisles or driveways which are
separated from any abutting roads that serve the development.
3. A cul-de-sac road within the development may have abutting surface
parking where the parking serves 24 units or less.
Single family zero lot line dwellings are identified separately from single-
family detached dwellings with conventional side yard requirements to
distinguish these types of residences for the purpose of applying
development standards under Table 1 and Table 2. Zero lot line dwellings
shall be defined as any type of detached single family structure employing a
zero or reduced side yard as set forth herein, and which conform to
requirements of Subsection 2.6.27 of the LDC.
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Lo
Attached or detached residences which include those having cabana
bedrooms accessed from the courtyard and not the main house are
permitted providing that:
The cabana structure must be connected to other portions of the
residence in a manner that gives the entire residence the
appearance in elevation from the street of being one single-family
residence,
2. The cabana structures must be accessible only from the enclosed
courtyard and must not be accessible directly from the street; and
3. The cabana structure may not contain primary cooking facilities.
In the case of residential areas with a Traditional Neighborhood
Development (TND), the TND shall be deemed a common architectural
theme. Required property development regulations may be approved that
are different than those set forth in Table 1, subject to approval by the
Collier County Planning Commission, in accordance with the criteria
contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 of the LDC.
Common open space requirements are deemed satisfied pursuant to
Section 2.15 of this PUD.
For the purpose of calculating density in the "RI", "R2", "R3" and "R4"
Districts when assisted living facilities/congregate care facilities are
developed, each such facility's dwelling unit shall be considered to be equal
to .33 of a residential dwelling unit.
Standards for trash or recycle receptacles shall conform with Section
2.6.15 of the LDC except in the case of multiple family buildings that do not
receive curbside service pick up and choose to use dumpster service. In
that case, at least one standard size bulk container per every thirty units
shall be required.
N0442-005-003- PPHS- 26902
3-5
TABLE 1
DEVELOPMENT STANDARDS FOR "RI" RESIDENTIAL DISTRICT
SINGLE SINGLE SINGLE MULTI
FAM I LY FAMI LY FA MI LY FAM I LY
DETACHED DETACHED ZERO LOT LINE DUPLEX ATTACHED & DWELLINGS
1 2 TOWNHOUSE Low-Rise
Minimum Lot Area 5,000 sq.ft. 2,800 sq.ft. 3,500 sq.ft. 3,500 sq.ft. 2,000 sq~ft. 10,000 sq.ft.
Minimum Lot Width5' 50 ft. 35 ft. 35 ft. 35 ft. 20 ft. 100 ff.
Minimum Average Site
Depth9 100 lt. 65 ft. 100 ft. 100 ft. 40 ff. 120 ft.
Principal &
Accessory 20 ff. 20 ft. 15 ft. 15 ft. 20 ft. 15 ft.
Garage
Front Yard Front/Side 23 ft./10 ft. 23 ft./10 ft 23 ft./10 ft 23 ft./10 ft 23 ft./10 ff 23 ft./10 ft
Setback1,7, Entry
12 Garage or
Carport on
Parking n/a n/a 0 ft. 0 ft. n/a 0 ft.
Lot
Accessway
Rear Yard Principal 10 ft. 5 ft. 10 ft. 10 ft. 10 ft. 20 ft.
Setback
6,7 Accessory
2, lO,11, 12 5ft. 5ft. 5ft. 5ft. 5ff. 10ff.
0 ft one side
Side Yard Setback 10 ft. other side
OR
Principal & Accessory 6 ft. 6 ft. 3'-1" one side 6 ft. 0 It or 7 ~ ft ~ the Building
2,4,7,8,10,11, 12
6'-11" other side Height
OR
5 ft. on both sides
Preserve Principal 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 25 ft.
Setback
'%Accessory 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.
Maximum Height 3 35 ft. 35 ft. 35 ft. 35 ft. 50 ft. 65 ft.
Distance Between ½ the Sum of
Principal Structures n/a n/a n/a n/a 10 ft. the Building
Heights
Minimum Floor Area 1,000 sq.ft. 900 sq.ft. 900 sq.ft. 900 sq.ft. 750 sq.ft. 750 sq.ft.
I Front yards for dwellings and side-entry garages are measured from back of curb or edge of pavement (if not curbed). Front yards for a front-
loaded garage are measured from garage door to back of curb, edge of pavement or sidewalk, whichever is closer to the garage door.
2. Where adjacent to a golf course, lake (measured from top of bank), or open space reduced to 0 feet.
3. Building height - See Section 1.8.
4. All zero lot line units in a series shall have the O-foot side setback on the same side of the lot. The zero foot setback side may change only
if a minimum 10 foot wide space is provided in the form of an easement, golf course crossing, or the like, which separate the lots.
5. Minimum lot width may be reduced by 29% for cul-de-sac lots provided minimum lot area requirements are met.
6. For any lot served both by 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.
7. Guesthouses or cabana bedrooms are subject to the setback requirements for principal structures.
8. The side comer setback shall be the same as the required side principal structure setback.
9. Site depth average - determined by dividing the site area by the site width.
10. Accessory pool enclosure/screen lanai setback may be reduced to 0 feet when attached to common privacy wall.
11. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to 0 feet.
12. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above.
13. For the purpose of Table 2, the term "multi-family building" includes assisted living facilities
N0442-005-003- PPHS- 26902
TABLE 2
DEVELOPMENT STANDARDS FOR "R2", "R3" AND "R4" RESIDENTIAL DISTRICTS
SINGLE SINGLE MULTI FAMILY DWELLINGS
FAMILY ZERO LOT LINE DUPLEX FAMILY
DETACHED A'I-I'ACHED &
TOWNHOUSE Low-Rise Mid-Rise
Minimum Lot Area 5,000 sq.ft. 3,500 sq.fl. 3,500 sq.ft. 2,000 sq.ft. 10,000 sq.fl. 10,000 sq.ft.
Minimum Lot Width5' 50 ft. 35 ft. 35 ft. 20 ft. 100 ft. 100 ft.
Min.Average Site Depth 9 100 fl. 100 ft. 100 ft. 40 ft, 120 ft. 120 ft.
Principal &
Accessory 20 ft. 20 ft. 15 ft. 15 ft. 15 ft, 20 ft.
Garage
Front Yard Front/Side 23 fl./10 ft. 23 ft./10 ft 23 ft./10 fl 23 ft./10 ft 23 ft./10 ft n/al0 ft.
Setback1,7, Entry
12
Garage or
Carport on
Parking Lot n/a n/a 0 ft. n/a 0 ft. 0 ft.
Accessway
Rear Yard Principal 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 20 ft.
Setback 6, Accessory
7 2,10,11,12 5ft. 5ft. 5ft. 5ft. 10ft. 10ft.
0 ft one side
10 ft. other side
Side Yard Setback OR '~ the
Principal & Accessory 6 ft. 3'-1" one side 6 ft. 0 it or 7 ~ ft Building % the Building
2,4,7,8,10,11,12
6'-11" other side Height Height
OR
5 ft. on both sides
Preserve Principal 25 ft. 25 ft. 25 ft, 25 ft. 25 ft. 25 ft.
Setback Accessory 10 ft, 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.
Maximum Height 3 35 fl. 35 ft, 35 ft. 35 It, 65 ft. 100 ft.
Distance Between
Principal Structures 10 ft. 10 ft. n/a 10 ft. % the Sum of the Building
Heights
Minimum Floor Area 1,000 sq. ft. 900 sq. ft. 900 sq. ft, 750 sq. ft. 750 sq. ft. I 750 sq, ft,
1 Front yards for dwellings and side-entry garages are measured from back of curb or edge of pavement (if not curbed). Front yards for a front-
loaded garage are measured from garage door to back of curb, edge of pavement or sidewalk, whichever is closer to the garage door.
2. Where adjacent to a golf course, lake (measured from top of bank), or open space reduced to 0 feet.
3. Building height - See Section 1.8,
4. All zero lot line units in a series shall have the O-foot side setback on the same side of the lot. The zero foot setback side may change only
if a minimum 10 foot wide space is provided in the fon'n of an easement, golf course crossing, or the like, which separate the lots.
5. Minimum lot width may be reduced by 29% for cul-de-sac lots provided minimum lot area requirements are met.
6. For any lot served both by a streel 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.
Guesthouses or cabana bedrooms are subject to the setback requirements for principal structures.
The side comer setback shall be the same as the required side principal structure setback.
Site depth average - determined by dividing the site area by the site width.
Accessory pool enclosure/screen lanai setback may be reduced to 0 feet when attached to common pdvacy wall.
Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to 0 feet.
Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above.
For the purpose of Table 2, the term "multi-family building" includes assisted living facilities
8.
9.
10.
11.
12.
13.
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4.1
4.2
4.3
4.4
SECTION IV
VILLAGE CENTER DISTRICT
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for the
three Village Center areas within the Heritage Bay PUD designated on the Heritage Bay
PUD Master Concept Plan as "VC".
MAXIMUM SQUARE FOOTAGE
The Village Center commercial uses will include a maximum of 10,000 square feet of retail
uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses,
and 5,000 square feet of office uses. Commercial activities within the Village Centers are
limited to a total of 26 acres.
GENERAL DESCRIPTION
The approximate acreage of the Village Center District is indicated on the Heritage Bay
PUD Master Concept Plan. The Village Center portion of this District shall be consistent
with the requirements of GMP, FLUE, Section I B. 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 or preliminary subdivision plat approvals in accordance
with Division 3.3, and Division 3.2, respectively, of the LDC. The Village Center tracts are
is designed to accommodate internal roadways, open spaces, lakes and water
management facilities, and other similar uses.
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
5.
6.
7.
8.
9.
10.
12.
Accounting, Auditing and Bookkeeping Services (Group 8721).
Automatic Teller Machines (Group 3578)
Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991,
7993, 7997).
Apparel and Accessory Stores (Groups 5611-5699).
Gasoline Service Stations (Group 5541).
Automotive Carwashes (Group 7542)
Business Services (Groups 7334, 7349)
Eating and Drinking Establishments (Groups 5812, 5813).
Food Stores (Groups 5411-5499).
General Merchandise Stores (Groups 5311-5399).
Golf Clubhouse and Boat Club Facilities including Ancillary Teaching
Facilities and Temporary Golf Clubhouses (Groups 7992, 7997, 7999)
Miscellaneous Retail (Groups 5912-5963, 5992-5999).
NO442~005-0{~3- PPHS- 26902
4,5
13.
14.
15.
16.
17.
18.
19.
20.
21.
Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry
cleaning only, 7217, 7219-7251, 7291-7299).
Real Estate (Groups 6512, 6531, 6541).
Resort Recreation Facilities including but not limited to Tennis Clubs, Health
Spas and other Recreational Clubs (Groups 7991, 7999)
Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993,
7997, 7999)
Residential uses as set forth in Section 3.4 of this Document including
residential units integral to Village Center structure(s) and as freestanding
uses. Freestanding residential uses shall comply with the development
standards set forth in Section 3.6
Travel Agencies (Groups 4724 and 4725)
United States Postal Service (Group 4311 except major distribution center).
Video Tape Rental (Group 7841).
Any other principal use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
B. Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated with principal uses
permitted in this District.
Customary accessory uses include but are not limited to recreational
facilities that serve as an integral part of the permitted uses such as
pools, tennis facilities, beaches, boat docks, parks, playgrounds and
playfields, restrooms, shelters, golf cart storage areas and snack bars.
Any other principal use which' is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
OEVELOPMENT STANDARDS
Ao
The frontage/depth criteria often included in development standards is not
applicable since the Village Center uses are located internal to the Heritage Bay
PUD and have no actual road frontage.
B. Minimum Setback Requirements
Principal structures shall be set back a minimum of 10 feet from Village
Center District boundaries and roads; 25 feet from all residential tracts; and
25 feet from preserves.
Accessory structures shall set back a minimum of five feet from Village
Center District boundaries and roads; 20 feet from all residential tracts; and
10 feet from preserves.
Setbacks from lakes for all principal and accessory uses may be zero feet
provided architectural bank treatment is incorporated into the design and
subject to written approval from Collier County Planning Services
Department.
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Jo
No
D°
E.
F.
G.
Exterior lighting shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
Maximum height of buildings (including architectural features) - 65 feet.
Maximum height of communication antennas - 65 feet.
Minimum distance between principal structures - 10 feet.
Minimum distance between accessory structures (excluding drive-through facilities)
- 10 feet.
Maximum floor area ratio for the commercial component: 0.25
Due to the internal orientation, the number, the different locations, the types of uses
and the multi-purpose function of the Village Center buildings where commercial
uses will be fully integrated with recreational and other uses. The requirement that
30% of the residential building permits shall be issued prior to the development of
neighborhood commercial uses shall be waived.
Each of the three Village Center shall have a unified plan of development which is
architecturally integrated internally and with the neighborhood it serves. That plan
will be submitted with each of the Village Center Site Development Plan.
Due to the nature, location and internal orientation of the Village Centers, the
LDC architectural review requirements for Village Centers shall be waived.
Required parking for Village Center non-residential uses shall be consistent with
Section 2.2.20.4.7.1.6, of the LDC. Residential parking requirements are set forth
in Section 3.6 C of this PUD Document. Golf cart storage areas are considered
accessory to the golf clubhouse and have no required parking.
A unified sign plan shall be submitted and made a part of the approval for each of
the Village Center Site Development Plans.
Standards for landscaping where such standards are not specified herein are to
be in accordance with Division 2.4 of the 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.
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N0442-005o003. PPHS- 26~)02
5.1
5.2
5.3
SECTION V
RECREATION I OPEN SPACE DISTRICT
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept
Plan as "RO".
GENERAL DESCRIPTION
The approximate acreage of the Recreation/Open Space District is indicated on the
Heritage Bay PUD Master Concept Plan. Actual acreage of all development tracts will be
provided at the time of site development plan or preliminary subdivision plat approvals in
accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The
Recreation/Open Space tracts are designated to accommodate a full range of golf course,
water-related uses, other recreational uses, water management and open space uses.
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:
Principal Uses:
1. Golf courses and other recreational uses.
2. Clubhouses, community and golf course maintenance areas,
maintenance buildings, utility storage buildings, chemical storage
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.
3. Utility, water management and right-of-way/access easements.
4. Lakes and water management facilities.
5. Land use and/or landscape buffers, which may or may not be easements,
depending on the buffer use.
6. Signs as permitted by the LDC in effect at the time permits are requested,
except as modified in this PUD Document.
7. Open space uses and structures including, but not limited to nature trails,
riding trails, fitness trails and shelters, boardwalks, landscape nurseries
gazebos, and picnic areas.
8. Pedestrian and bicycle paths, or other similar facilities constructed for
purposes of access to, or passage through the Recreation/Open Space
District.
9. Docks, piers, boat ramps, beaches or other such facilities constr.ucted for
purposes of lake recreation, for residents of the project and their guests.
10. Shuffleboard courts, tennis courts, swimming pools, and other facilities
intended for outdoor recreation.
11. Lake excavations as permitted by Division 3.5 of the LDC.
119347 Ver: 15~- DVV~HR
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5.4
12.
Any other principal use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
Accessory Uses:
1. Practice driving range, golf cart barns, restrooms/shelters, and other
customary accessory uses of golf courses including gasoline service.
2. Customary accessory uses or structures incidental to recreational areas
and, or facilities, including structures for purposes of maintenance,
storage, recreation or shelter with appropriate screening and landscaping.
3. Communications facilities, including, but not limited to digital, fiberoptic,
microwave, satellite, UHF, VHF, FM, AM, short-wave, antennas with
related ground mounted dishes and other sending and receiving facilities,
subject to applicable permitting. The communications facilities located in
this District are accessory, incidental and subordinate activities to the
overall Heritage Bay PUD.
Any other accessory use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
DEVELOPMENT STANDARDS
Principal structures shall be set back a minimum of 25 feet from "R/O" District
boundaries and private roads, and 25 feet from all PUD boundaries, conservation
and preserve tracts and residential tracts, except where the PUD abuts a public
right of way, in which case the setback shall be one half the height of the structure.
Accessory structures shall set back a minimum of 10 feet from "R/O District
boundaries and private roads, and 20 feet from all PUD boundaries, conservation
and preserve tracts and residential tracts, except where the PUD abuts a public
right of way, in which case the setback shall be one half the height of the structure.
Lighting facilities shall be arranged in a manner, which will protect roadways and
residential properties from direct glare or unreasonable interference.
D. Maximum height of buildings - 65 feet.
E. Maximum height of communications facilities - 65 feet
Minimum distance between principal or accessory structures which are a part of an
architecturally unified grouping - 10 feet.
G. Minimum distance between all other principal structures - 15 feet.
H. Minimum distance between all other accessory structures - 10 feet.
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N0442-005-003- PPHS- 26902
5.5
Minimum floor area - None required.
J. Minimum lot or parcel area - None required.
Ko
Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein are to be in accordance with LDC in effect at the
time of site development plan approval.
Lo
Unless otherwise indicated, required yards, heights, and floor area standards apply
to principal structures.
Mo
Golf course rest stations and secondary maintenance buildings will be permitted to
use septic tanks or holding tanks for waste disposal subject to permitting under
Rule 10D-6, Florida Administrative Code, and may use potable and irrigation wells.
TRANSFER OF DEVELOPMENT RIGHTS
Ao
For golf course(s) located in Sections 13, 14, and 24, for each 5 gross acres of
land area utilized as part of the golf course(s) ("golf course" shall include the club
house area, rough, fairways, greens, and lakes internal to the golf course
boundary, but excludes any area dedicated as a conservation area, which is non-
irrigated and retained in a natural state) one transfer of development right (TDR)
credit shall be acquired from areas identified by the County as "Sending Lands".
In the event that construction of approved golf course(s) commences in Sections
13, 14 or 24 prior to the effective date of the County's applicable TDR program,
the developer shall provide, in a manner and form acceptable to the County,
financial assurances to guarantee sufficient funds to purchase the necessary
number of TDR credits for golf courses. The funds guaranteed by the developer
or paid to the County for the golf course TDR credits shall be equal to the
required number of TDRs multiplied by the estimated value of a TDR as
established by the applicable County TDR program. If such program is not in
existence at the time of payment as set forth below, then the amount shall be as
set forth in the Final Report by Dr. James C. Nicholas, dated November 23,
2001.
Bo
If the construction of approved golf course(s) commences in Section 13, 14, or
24 prior to the effective date of the County's applicable TDR program, then the
developer shall be required to acquire the appropriate TDR credits for golf
course(s) within 90 days following implementation of the County's TDR program.
In the event that an applicable TDR program has not been implemented by the
County and is not effective within 48 months from the adoption date of the
Heritage Bay GMP Amendment, then funds guaranteed by the developer or held
by the County for the transfer of development right credits for golf course(s)
pursuant to this paragraph shall be released or refunded to the developer and the
requirements of this paragraph shall be null and void.
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6.1
6.2
6.3
6.4
SECTION VI
ACTIVITY CENTER COMMERCIAL DISTRICT
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept
Plan as Activity Center, "AC."
MAXIMUM SQUARE FOOTAGE/UNITS
Commercial activities are limited to a total of 40 acres within the Activity Center located at
the northeast quadrant of the intersection of Collier Boulevard (County Road 951) and
Immokalee Road. The Activity Center commercial uses will include a maximum of 150,000
square feet of retail uses and 50,000 square feet of office uses. A maximum of 200-
assisted living facility units may be constructed on lands designated Activity Center.
GENERAL DESCRIPTION
Areas designated as Activity Center on the Heritage Bay PUD Master Concept Plan are
designed to accommodate a full range of retail, service and office commercial uses,
essential services, and customary accessory uses.
The approximate acreage of the Activity Center District is indicated on the Heritage Bay
PUD Master Concept 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 or preliminary subdivision plat approvals in accordance with Division 3.3,
and Division 3.2 respectively, of the LDC. Commercial tracts are designed to
,accommodate internal roadways, open spaces, lakes and water management facilities, and
other similar uses found in commercial areas.
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:
Accounting, Auditing and Bookkeeping Services (Group 8721).
Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991,
7993, 7997, 7999).
Apparel and Accessory Stores (Groups 5611-5699).
Assisted Living Facilities/Congregate Care Facilities.
Automotive Dealers and Gasoline Service Stations (Groups 5511-5599)
subject to Section 2.6.28.
Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7521,
7542, 7549).
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7. Automobile Parking (Group 7521) except for tow-in parking.
8. Auto and Home Supply Stores (Group 5531).
9. Barber Shops (Group 7241)
10. Beauty Shops (Group 7231)
11. Building Materials, Hardware and Garden Supplies (Groups 5211-5261).
12. Business Services (Groups 7311-7352, 7359 except airplane, industrial
truck, portable toilet and oil field equipment renting and leasing, 7361-7397
except armored car and dog rental, 7389 except auctioneering, bronzing,
field warehousing, salvaging of damaged merchandise).
13. Child Day Care Services (Group 8351)
14. Churches and other Places of Worship
15. Commercial Printing (Group 2752, excluding newspapers).
16. Depository Institutions (Groups 6011-6099).
17. Eating and Drinking Establishments (Groups 5812, 5813).
18. Engineering, Accounting, Research, Management and Related Services
(Groups 8711-8748).
19. Fire Station/EMS
20. Food Stores (Groups 5411-5499).
21. General Merchandise Stores (Groups 5311-5399).
22. Glass and Glazing Work (Group 1793).
23. Golf Club Facilities including Ancillary Teaching Facilities and Temporary
Golf Clubhouses (Groups 7992, 7997, 7999)
24. Group Care Facilities (Category I and II), Care Units, Nursing Homes and
Family Care Facilities (ALF) (Groups 8051 excluding mental retardation
hospitals, 8052, 8059).
25. Hardware Stores (Group 5251).
26. Health Services (Groups 8011-8049, 8082, 8093, 8099).
27. Holding and Other Investment Offices (Groups 6712-6799).
28. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736).
29. Individual and Family Social Services (Group 8322 activity centers, elderly
or handicapped; adult day care centers; and day care centers; adult and
handicapped only)
30. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411).
31. Legal Services (Group 8111).
32. Libraries (Group 8231).
33. Management and Public Relations Services (Groups 8741-8743, 8748),
Membership Organizations (Groups 8611-8699).
34. Miscellaneous Personal Services (Group 7291)
35. Miscellaneous Repair Services (Groups 7622-7641, 7699 except
agricultural equipment repair, awning repair, beer pump coil cleaning and
repair, blacksmith shops, catch basin, septic tank and cesspool cleaning,
coppersmithing, farm machinery repair, fire equipment repair, fumace and
chimney cleaning, industrial truck repair machinery cleaning, repair of
service station equipment, boiler cleaning, tinsmithing, tractor repair).
36. Miscellaneous Retail (Groups 5912-5963, 5984, 5992-5999).
37. Model Units/Sales Centers
38. Motion Picture Theaters (Group 7832 - 7833).
39. Multi-Family Dwellings including but not limited to Apartments.
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40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
Museum, Art Galleries (Group 8412) Non-Depository Credit Institutions
(Groups 6111-6163).
Paint, Glass and Wallpaper Stores (Group 5231).
Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry
cleaning only, 7217, 7219-7261 except crematories, 7291-7299).
Photographic Studios (Group 7221).
Physical Fitness Facilities (Group 7991).
Real Estate (Groups 6512, 6531, 6541, 6552).
Resort Recreation Facilities including but not limited to Tennis Clubs, Health
Spas, Equestrian Clubs and other Recreational Clubs (Groups 7991, 7999)
Retail Nurseries, Lawn and Garden Supply Stores (Group 5261).
Public Administration (Major Groups 91, 92, 93, 94, 95, 96, 97)
Recreation Services (Groups 7911, 7922, 7929, 7933, 7941 7991 7993,
7997, 7999) ' '
Security and Commodity Brokers, Dealer, Exchanges and Services (Groups
6211-6289).
Shoe Repair Shops and Shoeshine Parlors (Group 7251).
Social Services (Groups 8322-8399).
United States Postal Service (Group 4311 except major distribution center).
Veterinary Services (Groups 0742, 0752 excluding outside kenneling).
Video Tape Rental (Group 7841).
Vocational Schools (Groups 8243-8299).
Uses permitted under Section 3.4 of this PUD, subject to the Development
Standards of Section 3.6.
Any other principal use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated with principal uses
permitted in this District including kiosk vendors.
Outdoor dining shall be permitted as an accessory use to an eating
establishment.
Communications facilities, including, but not limited to digital, fiberoptic,
microwave, satellite, UHF, VHF, FM, AM, short-wave, antennas with
related ground mounted dishes and other sending and receiving facilities,
subject to applicable permitting.
Any other accessory use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
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6.5
DEVELOPMENT STANDARDS
Property Development Regulations
The Property Development Regulations for the Activity Center District and the
adjacent Government Facility site are set forth in Table 3.
Exterior lighting shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
Shared parking between and among permitted uses shall be permitted throughout
the Activity Center District. Each freestanding use shall not be required to provide
100% of the LDC minimum parking on the project site; however, the total parking
provided for Activity Center shall meet or exceed the minimum parking required for
the combined land uses.
Access to the government facility site adjacent to the Activity Center shall be
from the rights-of-way reserved for the County for future extension of Collier
Boulevard (County Road 951), a minimum of 660 feet north of the intersection of
Collier Boulevard (County Road 951) with Immokalee Road.
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TABLE 3
DEVELOPMENT STANDARDS FOR ACTIVITY CENTER AND GOVERNMENT FACILITY SITE
PRINCIPAL
USES ACCESSORY USES
Minimum Lot or Parcel Area 10,000 sq ft n/a
Minimum Lot Width 75 ft n/a
Minimum Building Setbacks
Immokalee Road 35 fl or BH whichever greater 20 ft
Future Extension of Collier Boulevard
(County Road 951) 35 ft or BH whichever greater 20 ft
Internal Frontage Drives 15 ft 20 fl
0 ft to bulkhead or dprap at top
of bank provided architectural
Waterfront bank treatment is incorporated
into the design and subject to 0 fl
written approval from Collier
County
Non-Right-of-Way Perimeter Project
Boundary - buildings up to 50 ft in 30 ft 20 ft
height
Preserves 25 ft. 10 ft.
Non-Right-of-Way Perimeter Project 35 ft or the Building
Boundary - buildings over 50 fl in 50 ft Heights whichever is
height greater
Minimum Distance
Between Commercial Structures
which are part of an architecturally 10 ft. 10 ft *
unified group
Between All Other Commercial
Structures 20 ft 10 ft
Between All Multi-Family Buildings** ½ the Sum of the Building
Heights 10 ft.
Maximum Height
Retail Buildings 50 ft 35 ft
Office Buildings 65 ft 35 ft
Multi-Family Buildings** 65 ft 35 ft
Communications facilities n/a 65 ft
*excluding drive-through facilities
** For the purpose of Table 3, the term "Multi-Family Building" includes Assisted Living Facilities
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7.1
7.2
7.3
SECTION VII
CONSERVATION AND PRESERVATION DISTRICT
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for the
area within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept
Plan as "CO" and "P".
GENERAL DESCRIPTION
The 863 acres designated as Conservation and Preservation District on the Heritage Bay
PUD Master Concept Plan are designed to accommodate conservation
interpretive/educational trails and limited water management uses and functions.
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:
Permitted Principal Uses and Structures
o
Conservation and Preserve.
Passive recreation, nature trails, recreational shelters, gazebos and other
similar uses.
Water management structures.'
Temporary construction access road.
Utility or roadway crossings as shown on the Heritage Bay PUD Master
Concept Plan.
Mitigation areas and mitigation maintenance activities.
Hiking trails, pedestrian/golf cart boardwalks, nature trails (elevated and at
grade), riding trails and other such facilities constructed for the purpose of
passage through or enjoyment of the site's natural attributes, subject to
approval by permitting agencies.
Signs as permitted by the LDO in effect at the time permits are requested,
except as modified herein.
Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses and is approved through the
process set forth in the LDO in effect at the time of the request for such
use.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2003-40
Which was adopted by the Board of County Commissioners on
the 29th day of July, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 5th day
Of August, 2003.
DWIGHT E. BROCK
Clerk of Courts and Clerk