Ordinance 2005-39
ORDINANCE NO. 05- 39
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS TO CHANGE THE
ZONING CLASSIFICATION OF THE SUBJECT REAL
PROPERTY FROM THE PLANNED UNIT
DEVELOPMENT (PUD) TO MIXED USE PLANNED
UNIT DEVELOPMENT (MPUD) KNOWN AS BUCKS
RUN RPUD BY REVISING THE PUD DOCUMENT AND
MASTER PLAN TO REPLACE THE 288 AFFORDABLE
HOUSING RENTAL APARTMENTS ON THE "EAST
TRACT" WITH 97 RESIDENTIAL UNITS AND TO
DELETE THE PREVIOUSLY APPROVED PRIV A TE
SCHOOL ON THE "WEST TRACT". THE PROPOSED
USE IS FOR UP TO 156 RESIDENTIAL UNITS AND
ALTERNATIVELY ON THE NW AND SW TRACTS A
CHURCH AND CHILD CARE F ACILITY MAY REPLACE
THE RESIDENTIAL UNITS, FOR PROPERTY LOCATED
APPROXIMATELY 700 FEET NORTH OF VANDERBILT
BEACH ROAD ON THE EASTERN SIDE OF COLLIER
BOULEV ARD (C.R.951), IN SECTION 35, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 39.06 ACRES; PROVIDING
FOR THE REPEAL AND REPLACEMENT OF
ORDINANCE NUMBER 01-67 AS AMENDED, THE
FORMER BUCKS RUN PUD; AND PROVIDE AN
EFFECTIVE DATE.
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WHEREAS, Dominic P. Tomei, President of Restoration Church, Inc., William L.
Hoover, President of Catalina Land Group,' Inc., the manager of Bucks Run Estates, LLC,
Timothy J. Crane, Manager of Bucks Run Developers. LLC., represented by William L. Hoover,
AICP, of Hoover Planning & Development, Inc., petitioned the Board of County Commissioners
to change the zoning classification of the subject real property, as part of Petition PUDZ-2004-
AR-6279.
NOW, THEREFORE, BE IT ORDAINED BY The Board of County Commissioners of
Collier County, Florida that;
SECTION ONE:
The Zoning Classification of the subject real property located in Section 35, Township 48
South, Range 26 East, Collier County, Florida, is changed from the Planned Unit Development
(PUD) to Mixed Use Planned Unit Development (MPUD) known as Bucks Run RPUD by
revising the PUD document and Master Plan to replace the 288 affordable housing rental
1
apartments on the "East Tract" with 97 residential units and to delete the previously approved 60
residential units or private school on the "West Tract". The proposed use is for up
to 156 residential units and alternatively on the NW and SW Tracts a church and child care
facility may replace the 32 residential units on the southwest tract in accordance with the PUD
Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made
part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-
41, the Collier County Land Development Code, are hereby amended accordingly.
..
SECTION TWO:
Ordinance Number 01-67, as amended, known as the Bucks Run PUD, adopted on
November 27, 2001, by the Board of County Commissioners of Collier County, is hereby
repealed and replaced in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by sUP;fajority vote of the Board of County
Commissioners of Collier County, Florida, this Æ day of f( / ¿1é: , 2005.
()
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY: ~W. ~
FRED W.COYLE, CHA N
Patrick . hite
Assistant County Attorney
PUDZ· A-2004-AR-6279/M D/sp
This ordinance filed with ~e
,ªe~tary of State's Office t~5
. 1"ú1 day ri!J!~ ðOC
Clnd acknowled eJ'Wt6l that
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Dep",tv . I<
2
BUCKS RUN MPUD
A MIXED USE PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING' MASTER PLAN GOVERNING THE BUCKS RUN MPUD,
A MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
PASTOR DOMINIC P. TOMEI
RESTORATION CHURCH, INC.
1459 PINE RIDGE ROAD
NAPLES, FLORIDA 34109
TIMOTHY J. CRANE, MANAGER
BUCKS RUN DEVELOPERS, LLC
P.O. BOX 5265
FRISCO, COLORADO 80443
WILLIAM L. HOOVER, PRESIDENT OF
CATALINA LAND GROUP, INC (THE MANAGER OF)
BUCKS RUN ESTATES, LLC
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING & DEV., INC.
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
RICHARD D. YOV ANOVICH
GOODLETTE, COLEMAN & JOHNSON, P.A.
4001 T AMIAMI TRAIL N., SUITE 300
NAPLES, FLORIDA 34103
NORMAN J. TREBILCOCK, PE/AICP
Q. GRADY MINOR & ASSOCIATES, P.A.
3800 VIA DEL REY
BONITA SPRINGS, FLORIDA 34134
DATE FILED Julv 21.2004
DATE REVISED June 17.2005
DATE REVIEWED BY CCPC June 16. 2005
DATE APPROVED BY BCC July 26, 2005
ORDINANCE NUMBER 2005-39
AMENDMENTS AND REPEAL 2001-67
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III MIXED USE AREAS PLAN
SECTION IV PRESERVE AREAS PLAN
SECTION V DEVELOPMENT COMMITMENTS
PAGE
II
1
3
6
10
15
16
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
TABLE I
LIST OF EXHIBITS AND TABLES
MPUD MASTER PLAN
MPUD WATER MANAGEMENT PLAN
LOCATION MAP
DEVELOPMENT STANDARDS
11
STATEMENT OF COMPLIANCE
The development of approximately 39.06± acres of property in Collier County, as a
Mixed Use Planned Unit Development to be known as Bucks Run MPUD will be in
compliance with the planning goals and objectives of Collier County as set forth in the
Collier County Growth Management Plan. The Bucks Run MPUD proposes a
maximum of 156 dwelling units with the landowner of the Southwest Tract having the
option of developing a church and/or child care facilities in lieu of residential dwelling
units on the Southwest Tract. The residential and institutional facilities of the Bucks Run
MPUD will be consistent with the growth policies, land development regulations, and
applicable comprehensive planning objectives for the following reasons:
1 . The subject property's location in relation to existing or proposed community
facilities and services permits the development's residential density as described
in Objective 2 of the Future Land Use Element.
2. The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
3. Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
4. The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1.G of the Future Land
Use Element.
5. The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
6. The project is located within the Urban Residential Mixed Use District on the
Future Land Use Map.
The projected density of 3.99 dwelling units per acre, if all three tracts are
residentially developed, is in compliance with the Future Land Use Element of
the Growth Management Plan based on the following relationships to required
criteria:
Base Density
Maximum Permitted Density
4 dwellinq units/acre
4 dwelling units/acre
Requested density = 3.99 dwelling units/acre
Maximum permitted units = 39.06 acres x 4 dwelling units/acre = 156
units.
(For every acre of residential area that is developed for non-residential
uses, 4 dwelling units shall be subtracted from the maximum of 156
dwelling units within this PUD.)
7. The Southwest Tract only also allows for the development of a church and child
care center. The Urban designation allows for a variety of community facilities,
such as churches, schools, and child care centers.
8. All final local development orders for this project are subject to Section 6.02.00,
Adequate Public Facilities, of the Collier County Land Development Code.
2
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Bucks Run MPUD.
1.2 LEGAL DESCRIPTION
The subject property being 39.06± acres, is located in Section 35, Township 48
South, Range 26 East, and is fully described as:
The North half of the Southwest quarter of the Southwest quarter of
Section 35, Township 48 South, Range 26 East, Collier County, Florida,
less and except the West 100 feet thereof, previously conveyed for a road
and canal right-of-way.
The North half of the Southeast quarter of the Southwest quarter of
Section 35, Township 48 South, Range 26 East, Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The subject property is owned as follows:
The northwest 8.0 acres, labeled "Northwest Tract" on Exhibit A", of the subject
property is owned by Bucks Run Developers, LLC, c/o Timothy J. Crane, P.O.
Box 5265, Frisco, Colorado 80443, and the southwest 7.0 acres, labeled
"Southwest Tract" on Exhibit "A", is owned by Restoration Church, Inc., Pastor
Domonic P. Tomei, 1459 Pine Ridge Road, Naples, Florida 34109. The 24.06
acres labeled "East Tract" on Exhibit "A" is owned by the Bucks Run Estates,
LLC, c/o William L. Hoover, 3785 Airport Road North, Suite B-1, Naples, Florida
34105.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the east side of Collier Boulevard,
approximately 700 feet north of Vanderbilt Beach Road (unincorporated
Collier County), Florida.
B. The entire project site is zoned PUD, Bucks Run, approved by Collier
County Ordinance No. 01-67.
3
1.5 PHYSICAL DESCRIPTION.
The project site is primarily located within the 951 Canal North Drainage Basin
according to the Collier County Drainage Atlas; the eastern portion of the site is
located within the Cypress Canal Drainage Basin. The proposed outfall for the
project is the CR-951 roadside ditch located at the west property line of the
project.
Natural ground elevation varies from 12.0 NGVD within the onsite wetland areas
to 13.0 NGVD at the CR-951 right-of-way line constituting the west property line;
average site elevation is 12.4 NGVD. The entire site is located within FEMA
Flood Zone "X" with no base flood elevation specified.
The water management system of the project proposes the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment is proposed in the on-site lake system prior to
discharge.
The water management system will be permitted by South Florida Water
Management District (SFWMD) through the Environmental Resource Permit
process. All rules and regulations of SFWMD will be imposed upon this project
including but not limited to: storm attenuation, minimum roadway centerline,
perimeter berm and finished floor elevations, water quality pre-treatment, and
wetland hydrology maintenance.
Per Collier County Soil Legend dated January 1990, the soil type found within
the limits of the property is predominately #2 - Holopaw Fine Sand, Limestone
Substratum with a small area of #10 - Oldsmar Fine Sand at the extreme
eastern portion of the site.
The site vegetation consists primarily of slash pine, cabbage palm, and Cypress
trees with upland areas of Slash Pine and Saw Palmetto. Due to artificial
lowering of the water table by the CR-951 canal, grape vine and poison ivy
groundcover have infested the site. The site is also partially and occasionally
infested with up to 10% coverage/occasional occurrence by Brazilian Peppers
and Melaleuca trees, both exotic species.
1.6 PROJECT DESCRIPTION
The Bucks Run MPUD is a project comprised of a maximum of 156 residential
units. Within only the "Southwest Tract" residential units m'ay be replaced by a
4
church and/or child care facilities. Any acre utilized for a church and/or child
care facilities shall have 4 dwelling units per acre subtracted from the maximum
of 156 dwelling units permitted except a maximum of 2 units may be constructed
as accessory to the church uses. These 2 accessory residential units shall not be
counted towards the overall density but shall only consist of parsonages or
caretaker's residences and shall only be located on the same tract as the
church's facilities.
The residential and other principal land uses, recreational uses, and signage are
designed to be harmonious with one another in a natural setting by using
common architecture, quality screening/buffering, and native vegetation,
whenever feasible.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Bucks Run Mixed Use Planned
Unit Development Ordinance",
5
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
2.2 GENERAL
A. Regulations for development of the Bucks Run MPUD shall be in
accordance with the contents of this document, PUD - Planned Unit
Development District and other applicable sections and parts of the Collier
County Land Development Code and Growth Management Plan in effect
at the time of building permit application. Where these regulations fail to
provide developmental standards, then the provisions of the most similar
district in the Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Bucks Run MPUD shall become
part of the regulations which govern the manner in which the PUD site
may be developed.
D. Unless modified, waived or excepted by this PUD the other provisions of
the Land Development Code, where applicable, remain in full force and
effect with respect to the development of the land which comprises this
PUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Section 6.02.00 Adequate
Public Facilities Requirements of the Collier County Land Development
Code at the earliest, or next, to occur of either Final Site Development
Plan approval, Final Plat approval, or building permit issuance applicable
to this development.
6
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including layout of streets and use of land for the
various tracts, is illustrated graphically by Exhibit "A," MPUD Master Plan.
There shall be 3 land use tracts. plus necessary water management
lakes, street rights-of-way, the general configuration of which is also
illustrated by Exhibit "A".
TRACT
Northwest
TYPE
Single-family
Two-family
Multi-family
Southwest
Single-family
Two-family
Multi-family
or
Church
Child care
East
Single-family
Two-family
Multi-family
MAXIMUM UNITS or sa. FT.
Maximum of 56 total units
ACREAGE
8.0
Maximum of 28 total units
7.0
or
Estimated at 25,000 sq. ft.
Maximum of 120 students
Maximum of 72 total units
24.06
B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or,
upon approval, parts thereof may be constructed as shallow, intermittent
wet and dry depressions for water retention purposes. Such areas, lakes
and intermittent wet and dry areas shall be in the same general
configurations and contain the same general acreage as shown by Exhibit
"A". Minor modification to all tracts. lakes or other boundaries may be
permitted at the time of Subdivision Plat or Site Development Plan
approval, subject to the provisions of Sections 10.02.04 and 10.02.03
respectively, of the Collier County Land Development Code or as
otherwise permitted within this PUD Document.
C. In addition to the various areas and specific items shown in Exhibit "A,"
such easements as necessary (utility, private, semi-public, etc.) shall be
established within or along the various Tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY
The Bucks Run MPUD is a project comprised of a maximum of 156 residential
units on its 39.06 acres. Within only the "Southwest Tract" residential units may
7
be replaced with a church and/or child care facilities. Any acre utilized for a
church and/or child care facilities shall have 4 dwelling units per acre subtracted
from the maximum of 156 dwelling units permitted except a maximum of 2 units
may be constructed as accessory to the church uses. These 2 accessory
residential units shall not be counted towards the overall density but shall only
consist of parsonages or caretaker's residences and shall only be located on the
same tract as the church's facilities.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or
part of the MPUD, final plans of all required improvements shall receive
approval of the appropriate Collier County governmental agency to insure
compliance with the MPUD Master Plan, Collier County subdivision rules,
and the platting laws of the State of Florida.
B. Exhibit "AJ." MPUD Master Plan, constitutes the required MPUD
Development Plan. Subsequent to or concurrent with MPUD approval, a
Subdivision Plat, if applicable, shall be submitted for the entire area
covered by the PUD Master Plan. Any division of the property and the
development of the land shall be in compliance with the MPUD Master
Plan, Section 4.03.00 Subdivision Design and Layout of the Land
Development Code, and the platting laws of the State of Florida, where
applicable.
C. The provisions of Section 10.02.03, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Section 10.02.03 prior
to the issuance of a building permit or other development order.
D. The development of any tract or parcel approved for residential
development contemplating fee simple ownership of land for each
dwelling unit shall be required to submit and receive approval of a
Subdivision Plat per Section 10.02.04.
E. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
2.6 MODEL UNITS AND SALES FACILITIES
Model homes/model home centers including a maximum of 2 single-family sales
centers and 1 multi-family sales center shall be permitted in conjunction with the
promotion of the development subject to the following: '
8
A. Up to two "wet" and up to two "dry" single-family models may be
constructed following administrative plat approval, prior to recording of a
plat. Location shall be limited to future platted single-family lots.
B. The single-family models permitted as "dry" models must obtain a
conditional certificate of occupancy for model purposes only. The "wet"
single-family models shall not be occupied until a permanent certificate of
occupancy is issued.
C. The "wet" single-family models may be seNed by a temporary utility
system with ultimate connection to the central system. Interior fire
protection facilities in accordance with NFPA requirements are required
unless a permanent water system is available. A water management plan
must be provided which accommodates the runoff from the model home,
parking, access road/driveway and other impervious surfaces. The system
shall be designed and constructed so that it is integrated with the master
system for the entire development.
D. All other regulations pertaining to model homes shall be consistent with
Section 5.04.04 of the Land Development Code.
2.7 AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN
Amendments may be made to the MPUD as provided in Section 10.02.13E. of
the Land Development Code.
2.8 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities
whose ownership and maintenance responsibility is a common interest to all of
the subsequent purchasers of property within said development in which the
common interest is located, that developer entity shall provide appropriate legal
instruments for the establishment of a property owners association whose
function shall include provisions for the perpetual care and maintenance of all
common facilities and open space. These developer commitments will be
enforced through provisions agreed to and included in the declaration of
covenants and restrictions or similar recorded instrument. Such provisions must
be enforceable by lot owners against the developer, its successors and assigns,
regardless of turnover or not to any property owners or homeowners'
association.
9
SECTION III
MIXED USE AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A," MPUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the Residential Areas
of the PUD shall be 156 units. A maximum of 56 units shall be built on the
Northwest Tract, a maximum of 72 units shall be built on the East Tract, and a
maximum of 28 units on the Southwest Tract.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Single-family dwellings (includes zero-lot line).
2. Two-family dwellings and duplexes.
3. Multi-family dwellings.
4. Churches and houses of worship ("Southwest Tract" only).
5. Child care centers ("Southwest Tract" only).
6. Any other use which is comparable in nature with the foregoing list
of permitted principal and accessory uses by the Board of Zoning
Appeals.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures including carports,
garages, screened enclosures, and utility buildings.
10
2. Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, children's playground areas, tot lots, boat
docks, walking paths, picnic areas, recreation buildings, verandahs,
and basketball/shuffle board courts.
3. Manager's residences and offices, temporary sales trailers, and
model units.
4. In conjunction with a church only, a bookstore, recording studio,
printing shop, counseling center, church bus/van parking,
parsonage and caretaker's residence (all such uses shall be related
to and incidental to the church).
5. Gatehouse.
6. Essential services, including interim and permanent utility and
maintenance facilities.
7. Water management facilities.
8. Recreational facilities, such as boardwalks, walking paths and
picnic areas, within any Natural Habitat Preserve Areas, after the
appropriate environmental review.
9. Supplemental landscape planting within Natural Habitat Preserve
Areas, after the appropriate environmental review.
10. Any other use which is comparable in nature with the foregoing list
of permitted principal and accessory uses by the Board of Zoning
Appeals.
11. Carports are permitted within parking areas.
3.4 DEVELOPMENT STANDARDS
A.
Table I sets forth the development standards tor land uses within the
Bucks Run MPUD. Front yard setbacks in Table I shall be measured as
follows:
1. It the parcel is served by a public or private right-ot-way, the
setback is measured trom the adjacent right-ot-way line.
1 I
2. If the parcel is served by a non-platted private drive, the setback is
measured from the back of curb or edge of pavement. If the parcel
is served by a platted private drive, the setback is measured from
the road easement or property line.
3. Carports are permitted within parking areas and at the edge of
vehicular pavements in multi-family projects.
12
Front Yard Setback (3) (7)
Side Yard Setback (3) (5)
1 Story
2 Story
3 Story
Rear Yard Setback (3) (5)
Principal Structure
Accessory Structure
PUD Boundary Setback (3)
Principal Structure
Accessory Structure
Lake Setback (6)
Preserve Area Setback
Principdl Structure
Accessory Structure
Distance Between Structures
Principal! Accessory
1-Story 12'
2-Story 15'
~S~ry NA
Maximum Heiqht
Principal Building 35' and 2 stories
STANDARDS
Minimum Lot Area (per unit)
Minimum Lot Width
TABLE I
MIXED USE DEVELOPMENT STANDARDS
SINGLE-FAMIL Y TWO-FAMIL Y
5,000 Sq. Ft. 4,500 Sq. Ft.
50' Interior Lots (1) 80' Interior Lots (1)
(40') (2)
60' Corner Lots 100' Corner Lots
(50') (2)
23' (4) (5) 23' (4) (5)
0' & 12' or both 6' 0' & 12' or both 6'
0' & 15' or both 7.5' 0' & 15' or both 7.5'
NA NA
20' 20'
10' 10'
NA NA
NA NA
20' 20'
25' 25'
10' 10'
12'
15'
NA
35' and 2 stories
Accessory Building 20'/Clubhouse 35'
20'/Clubhouse 35'
Minimum Floor Area for Residential 1600 Sq. Ft.
Units
1400 Sq. Ft.
MULTI-FAMILY. CHURCHES.
CHILD CARES
NA
NA
NA
15' (5)
Greater of 7.5' or 1/2 BH
Greater of 10' or 1/2 BH
Greater of 12.5' or 1/2 BH
20'
10'
Greater of 20' or BH
10'
20'
25'
10'
Greater of 15' or 1/2 SBH
Greater of 20' or 1/2 SBH
Greater of 25' or 1/2 SBH
35' and 2 stories on the East Tract,
40' and 3 stories on the NW and SW
Tracts except 48' and 3 stories for
churches on the SW Tract
20'/Clubhouse,Caretaker Residence,
and Parsonage 35'
1200 Sq. Ft.
(1) May be reduced on cul-de-sac lots and lots along the inside and outside of curved streets by 25%,
(2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an
individually platted lot.
(3) In no instance shall there be an encroachment into a required landscape buffer.
(4) The front yard setback for side-loaded garages may be reduced to 18', with the home remaining at 23', where 2
vehicles can be adequately parked on double-wide driveways without the vehicles overhanging onto the sidewalks
located at the edge of the right-of-way.
(5) Community tennis courts, basketball courts, and similar recreational facilities shall have a 15-foot minimum
setback from all property boundaries of the recreational tracVlot.
(6) Lake setbacks are measured from the control elevation established for the lake.
(7) The multi-family minimum front-yard setback shall be increased to 23' where both perpendicular parking and a
five-foot wide sidewalk are located within such front yard setback.
Note: "BH" refers to building height and "SBH" refers to sum of the building heights.
13
B. Off-Street Parkinq and Loadinq Requirements:
Subject to the requirements of Section 4.05.00 of the Collier County Land
Development Code in effect at the time of building permit application.
C. Landscapinq and Bufferinq Requirements:
1 . If landscape buffers are determined to be necessary adjacent to
wetland preserve areas, they shall be separate from those preserve
areas.
2. A fifteen (15) foot wide Type "B" Buffer shall be provided along the
eastern boundary of the "East Tract" with a six (6) foot high
concrete fence that looks like a brown or tan wood.
D. Siqns
Signs shall be permitted as described in Section 5.06.00 of the Collier
County Land Development Code.
E. Architectural Standards
1. All buildings, lighting, sign age, landscaping and visible architectural
infrastructure shall be architecturally and aesthetically unified within
each project. Said unified architectural theme shall include: a
similar architectural design and use of similar materials and colors
throughout all of the buildings, signs, and fences/walls to be
erected within each project. Within any residential project all roofs,
except for carports, shall be peaked and finished in tile, metal, or
architecturally-designed shingles (such as Timberline) except on
the "East Tract" where residential roofs are limited to tile.
2. All pole lighting, within the Residential Areas, shall be
architecturally designed to meet current Land Development Code
requirements.
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SECTION IV
PRESERVE AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A," MPUD Master Plan, as may be
amended pursuant to Section 5.3.00.
4.2 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following, subject to regional, state and
federal permits when required:
A. Permitted Principal Uses and Structures:
1 . Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks as long as any
clearing required to facilitate these uses does not impact the
minimum required vegetation.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
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SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes,
and regulations applicable to this MPUD, in effect at the time of Final Plat, Final
Site Development Plan approval or building permit application as the case may
be. Except where specifically noted or stated otherwise, the standards and
specifications of the official County Land Development Code shall apply to this
project even if the land within the MPUD is not to be platted. The developer, his
successor and assigns, shall be responsible for the commitments outlined in this
document. Which commitments will be enforced through provisions agreed to be
included in the declaration of covenants and restrictions, or similar recorded
instrument. Such provisions must be enforceable by lot owners against the
developer its successors, and assigns, until the turnover of the property to any
property or homeowners' association.
The developer, his successor or assignee, shall agree to follow the MPUD
Master Plan and the regulations of this MPUD as adopted and any other
conditions or modifications as may be agreed to in the rezoning of the property.
In addition, any successor in title or assignee is subject to the commitments
within this Agreement.
5.3 PUD MASTER PLAN
A. Exhibit "A," MPUD Master Plan illustrates the proposed development and
is conceptual in nature. Proposed area, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section
10.02.13E. and other applicable sections and parts of the Collier County
Land Development Code and the Growth Management Plan in effect at
that time, amendments may be made from time to time.
16
B. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is projected to be completed in several
phases with construction commencing in mid-2005.
A. The landowners shall proceed and be governed according to the Sunset
Provisions pursuant to Section 10.03.05N. of the Land Development
Code.
B. Monitoring Report: An annual monitoring report shall be submitted
pursuant to Section 10.02.13F. of the Collier County Land Development
Code.
5.5 ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
B. Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Section 4.03.00 Subdivision Design and Layout and
Section 10.02.03, Site Development Plans.
5.6 WATER MANAGEMENT
A. A copy of the South Florida Water Management District (SFWMD)
Surface Water Permit Application shall be sent to Collier County
Development Services prior to the Site Development Plan approval.
B. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way
Permit, and SFWMD Discharge Permit shall be submitted prior to Final
Site Development Plan Approval.
C. An Excavation Permit will be required for the proposed lake(s) in
accordance with Collier County Code of Laws and Ordinances and
SFWMD rules.
17
D. Lake setbacks from the perimeter of the MPUD may be reduced to
twenty-five (25) feet where a six (6) foot high fence or suitable substantial
barrier is erected.
E. The proposed perimeter berm and/or swale should not be continuous
through the wetland Preserve Areas.
F. The project should provide for a north-south flow-way through the
Preserve Area.
5.7 UTILITIES
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 04-31, as amended, and other applicable County
rules and regulations.
B. The applicant shall reserve an area to be conveyed for a potable well
easement at the time of plat or Site Development Plan approval, as
applicable. The well easement will not exceed a dimension of 40 feet by
40 feet. Collier County Utilities Division will provide applicable technical
support in agency permitting relative to lake siting or other relevant issues
that may arise. The proposed well easement will not interfere with the
location of project lakes, preserves, given the significant depth of the
proposed well.
5.8 TRAFFIC
A. The applicant shall be responsible for the installation of arterial level street
lighting at any project entrance onto CR. 951 (Collier Boulevard), prior to
the issuance of any Certificates of Occupancy.
B. Drainage shall not be permitted to discharge directly into any roadway
drainage system but may discharge into the 951 Canal with necessary
permits.
C. If the developer constructs a Con Span bridge across the canal in order to
gain direct access onto C.R. 951 then turn lanes, both northbound and
southbound, shall be constructed by the developer prior to any
development or construction traffic utilizing this bridge onto C.R. 951.
However, if the 4-laning or 6-laning of C.R. 951 has commenced prior to
any construction traffic utilizing this bridge, the turn lanes may be delayed
during construction of the subject project but shall be 'in place prior to any
18
Certificates of Occupancy being issued for any permanent buildings.
Such turn lanes shall be designed to provide capacity for the ultimate
project traffic.
D. Road Impact Fees shall be paid in accordance with Ordinance 01-13, as
amended, and Section 6.02.03 of the Land Development Code, as it may
be amended.
E. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FDOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FDOT
Design Standards, current edition, and the Manual On Uniform Traffic
Control Devices (MUTCD), current edition. All other improvements shall
be consistent with and as required by the Collier County Land
Development Code (LDC).
F. Access points, including both driveways and proposed streets, shown on
the MPUD Master Plan are considered to be conceptual. Nothing depicted
on any such Master Plan shall vest any right of access at any specific
point along any property frontage. All such access issues shall be
approved or denied during the review of required subsequent site plan or
final plat submissions. All such access shall be consistent with the Collier
County Access Management Policy (Res. 01-247), as it may be amended
from time to time, and with the Collier County Long-Range Transportation
Plan.
G. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the
issuance of the first Certificate of Occupancy.
H. All work within Collier County rights-of-way or public easements shall
require a Right-of-Way Permit.
I. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution 01-247), as it may
be amended, and the LDC, as it may be amended. Collier County
reserves the right to modify or close any median opening existing at the
time of approval of this MPUD which is found to be adverse to the health,
safety, and welfare of the public. Any such modifications shall be based
on, but are not limited to: safety, operational circulation, and roadway
capacity.
19
J. Nothing in any development order shall vest a right of access in excess of
a right-in/right-out condition at any access point. Neither will the existence
of a point of ingress; a point of egress or a median opening, nor the lack
thereof, shall be the basis for any future cause of action for damages
against the County by the developer, its successor in title, or assignee.
K. All internal roads, driveways, alleys, pathways, sidewalks and
interconnections to adjacent developments shall be operated and
maintained by an entity created by the developer and Collier County shall
have no responsibility for maintenance of any such facilities.
L. If, in the sole opinion of Collier County, a traffic signal, or other traffic
control device, sign or pavement marking improvement within a public
right-of-way or easement is determined to be necessary, the cost of such
improvement shall be borne by the developer and shall be paid to Collier
County before the issuance of the first Certificate of Occupancy.
M. No child care facility shall receive a Certificate of Occupancy until the 6-
laning of Collier Boulevard has been substantially completed between
Immokalee Road and Golden Gate Boulevard.
5.9 PLANNING
A. Pursuant to Section 2.03.07E. of the Land Development Code, if during
the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
5.10 ENVIRONMENTAL
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by the Environmental Review Staff. Removal of exotic
vegetation shall not be counted towards mitigation for impacts to Collier
County jurisdictional wetlands.
B. All conservationLpreservation areas shall be designated as preserves on
all construction plans and, if the project is platted, shall be recorded on
the plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes. Preserve areas shall be dedicated on the plat to the
project's homeowners association or like entity for ownership and
maintenance responsibilities and to Collier county wit~ no responsibility for
20
maintenance. Buffers and setbacks shall be provided in accordance with
Section 3.05.07 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation easements dedicated to project's
homeowners association or like entity for ownership and maintenance
responsibility and to Collier County with no responsibility for maintenance.
C. Buffers shall be provided around any wetlands, extending at least fifteen
(15) feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be provided
in accordance with the State of Florida Environmental Resources Permit
Rules and be subject to review and approval by the Environmental Staff.
D. A Preserve Area Management Plan shall be provided to Environmental
Staff for approval prior to site/construction plan approval identifying
methods to address treatment of invasive exotic species, fire
management, and maintenance.
E. The perimeter berm as located on the MPUD Master Plan, shall be
entirely outside of all upland and wetland preserve areas.
E. A minimum of 9.77 acres of native vegetation shall be preserved on-site,
including all 3 strata, and emphasizing the largest contiguous area
possible. The MPUD Master Plan identifies 9.72 acres. The remaining
acreage (a minimum additional 0.05 acres located on the Northwest or
Southwest Tract) shall be identified on the site plan, at the time of the next
development order submittal.
G. This MPUD shall be consistent with the Environmental Section of the
Growth Management Plan Conservation and Coastal Management
Element and the Land Development Code at the time of final development
order approval.
H. This MPUD shall comply with the guidelines of the USFWS and FFWCC
for impacts to protected species. A Habitat Management Plan for those
species shall be submitted to Environmental Review Staff for review and
approval prior to Site Development Plan approval.
I. All principal structures shall have a minimum setback of 25' from the
boundary of any preserve. Accessory structures and all other site
alterations shall have a minimum 10-foot setback.
21
J. All Category I invasive exotic plants, as defined by the Florida Exotic Pest
Plant Council, shat! be removed from within preserve areas ands
subsequent annual -removal of these plants (in perpetuity) shall be the
responsibility of the property owner.
K. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be
submitted prior to final Site Development Plan/Construction Plan approval.
5.11 FIRE REVIEW
A. No infrastructure shall be installed until proper permits are applied for and
obtained.
22
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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 and correct
copy 0 f :.<
ORDINANCE 2005-39
Which was adopted by the Board of County Commissioners
on the 26th day of July 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of July, 2005.
DWIGHT E. BROCK .. ,..~.':~ .jl.'.',
Clerk of Courts. ·aI1;.d'·Clerk :
Ex-officio to Boaiá"qf"
c~om~~,~;,..:
." 'I v
By: Ann Jennej ohn ,""
Deputy Clerk