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Ordinance 99-09 128 ORDINANCE NO. 99- 9 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8627S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WYNDHAM PARK PUD FOR SINGLE FAMILY AND MULTI-FAMILY RESIDENTIAL LAND USES, LOCATED ON THE WEST SIDE OF C.R.951 APPROXIMATELY 0.6 MILE SOUTH OF IMMOKALEE ROAD (C.R. 846) IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 120.85± ACRES; AND BY PROVIDINGAN EFFECTIVE DATE. WHEREAS, Michael R. Fernandez, AICP of Planning Development Incorporated, representing Mastercraft Homes, Ltd., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the Wyndham Park PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8627S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is 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 ~ day 1999. ~',"t~.\,~ :~, ~ i~ jtii'~!! BOARD OF COUNTY COMMISSIONERS ,,,.,~ ~I ~i~-~ COLLIER COUNTY, FLORIDA .-~.: '..' '.,' ...., .' ~ttest a~ S:acret<~' o'~: ' "~1; '" and Legal Sufficiency Marj or~ ~. Student Aesistant County Attorney f/PUD-98-7 ORDINANCE/ 2 WYNDHAM PARK A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Mastercraft aomes, LTD. 93 1 ! College Parkway . ,, Ft. Myers, Florida !3EC, Prepared By: Michael R. Femandez, A1CP of Banks Engineering, !no./Planning Development Incorporated Joi.t Ve.t~re P U D 9 8- 7 5133 Castclio Drive Suite 2 Naples, Florida 34103 941 / 263-6934 DATE APPROVED BY BCC ,~,~/?;/9 ORDINANCE NUMBER L 2 AMENDMENTS AND REPEAL DOCUMENT DATE 12.04.98 Exhibit A TABLE OF CONTENTS PAGE THRU PAGE TABLE OF CONTENTS ii LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE iv v SECTION I PROPERTY OWNERSHIP &DESCRIPTION 1-1 1- 2 II PROJECT DEVELOPMENT REQUIREMENTS 2-1 2- 8 III LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN 3-1 3- 6 VI DEVELOPMENT COMMITMENTS 4-1 4- 4 ii LIST OF EXHIBITS AND TABLES EXHIBIT A PUD Master Plan Exhibit EXHIBIT B PUD Location Map EXHIBIT C Water Management Concept Plan TABLE I Wyndham Park Estimated Land Use Summary TABLE II Summary of Development Standards for All Residential Structures 111 STATEMENT OF COMPLIANCE The development of approximately 120.85 acres of property in Collier County, as a Planned Unit Development to be known as Wyndham Park will be in compliance with the goals, objectives and policies of Collier County as set forth in the Comprehensive Plan. The residential facilities of Wyndham Park will be consistent with applicable comprehensive planning objectives of each of the elements of the Comprehensive Plan for the following reasons: 1. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 2. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element. 3. The project will be served by a complete range of services and utilities as approved by the County. 4. The project is compatible with adjacent land uses through the intemal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. 5. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. 6. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element(FLUE) and therefore is eligible for the base density as provided by the FLUE Density Rating System. The proposed density for the project is 3.66 units per acre which is less than the maximum density provided by the FLUE Density Rating System contained in the FLUE and therefore is consistent with the Future Land Use Element Policy Base density for the project is four (4) dwelling units per acre. A portion of the parcel, 47 acres is within the one mile radius density band of the Immokalee/CR 951 Activity Center and therefore is eligible for an additional (3) units per acre. The project's eligible density is therefore is 47 acres at 7 u/a yielding 329 units and 73.85 acres at 4 u/a yielding 295 units; the sum project potential is 624 units or 5.2 u/a. In summary, the subject property has an area of 120.85 acres and is proposed to be developed with maximum of 442 units. The project site will have a density of 3.66 units per acre. This density is deemed consistent with the density provided for by the County's Growth Management Plan. iv lZB 2 7. All final local development orders for this project are subject to the Collier Cdunty Adequate Public Facilities Ordinance. V lab 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 Wyndham Park. 1.2 LEGAL DESCRIPTION The subject property being: A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: THE NORTH $~ OF THE SOUTH ¼ OF THE NORTH ~ OF THE SOUTHEAST 1/4; THE SOUTH ~ OF THE NORTHEAST 1/4 OF THE SOUTHWEST I/4; THE NORTH s/2 OF THE SOUTHEAST I/4 OF THE SOUTHWEST 1/4; THE SOUTH % OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THE NORTH I/~ OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THE SOUTH % OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS THE PORTION THEREOF CONSTITUTION ROAD RIGHT OF WAY FOR COUNTY ROAD #951. SAID LANDS SITUATE LYING AND BEING IN COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THEREFROM THE EAST 100 FEET OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, HAVING BEEN CONVEYED TO THE STATE OF FLORIDA FROM THE USE AND BENEFIT OF THE STATE ROAD DEPARTMENT OF FLORIDA IN DEED FILED UNDER CLERK'S FILE No. 37482 IN OFFICIAL RECORDS BOOK 13, AT PAGE 61. PARCEL CONTAINS 120.85 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is under unified control through contracts for purchase agreements. The puri:haser is Mastercra~ Homes, Ltd., hereafter called "applicant or developer". 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located within Section 27, Township 48S, Range 26 E, Collier County. The parcel of approximately 121 acres is located adjacent to and west of CR 951 and approximately 0.6 of a mile south of Immokalee Road. The site is also adjacent to and directly south of Oak Ridge Middle School. B. The zoning classification of the subject property prior to the date of this approved PUD Document was A/Agriculture. 1-1 Z 1.5 PHYSICAL DESCRIPTION The subject property is relatively level with elevations from 12.7 NGVD to 13.9 NGVD and has been or is currently utilized for agricultural crop production or pasture lands. It is, therefore, generally clear of vegetation. The site has a limited amount of existing vegetation which is located on the parcel's eastern edge in proximity of CR 951 and the project's singular proposed access. The site has the following designation relative to flood -FEMA Flood Area Zone X, Firm Map Panel 215 of 1125 Community Panel No. 120067 0215 D; Map Revised June 3, 1986. 1.6 PROJECT DESCRIPTION Wyndham Park is a planned development consisting of a mixture of single of single family and multi-family units. Access to the subject parcel will be from the parcel' s frontage on CR 951. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Wyndham Park Planned Unit Development Ordinance." 1-2 ll.B 2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 .GENERAL A. Regulations for development of Wyndham Park shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Comprehensive Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements such as Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where the regulations of this PUD Document fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Wyndham Park shall become part of the regulations which govem the manner in which the PUD site may be developed. D. ' Unless modified, waived or excepted by this PUD document or associated exhibits, the provisions of other land development codes 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 Division 3.15 Adequate Public Facilities of the Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2-1 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including and use of land for the acreage noted, is iljustrated graphically by Exhibit "A", PUD Master Plan. .-. TABLE I: WYNDHAM PARK ESTIMATED LAND USE SUMMARY TYPE UNITS ACREAGE TRACT A Low to Medium Density Residential 82 21 TRACT B Low to Medium Density Residential 160 40 TRACT C Low to Medium Density Residential 200 60 This acreage includes open space or recreational areas that may be located within residential acreage. Table I is a schedule of the intended land uses, with approximate acreage of the total project indicated. The arrangement of these land areas is shown on the Master Plan (Exhibit "A"). The Master Development Plan is an iljustrative preliminary development plan. Design criteria and layout that is iljustrated on the Master Development Plan and other exhibits supporting this project shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the project' s development, as set forth in this document. B. Modification to all boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of the Collier County Land Development Code or as otherwise permitted by this PUD document. 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 or acreage as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The project shall be developed at a maximum density of 3.66 dwelling units per acre. 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 PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the 2-2 PUD Master Plan, and as applicable, the Collier County Subdivisioh Code and the platting laws of the State of Florida. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. E. Except as provided herein, the design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code Division 3.2. F. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. 2.6 MODEL HOMES AND SALES FACILITIES Model homes, model home centers including a sales center(s) shall be permitted in conjunction with the promotion of the residential development of said tract subject to the following: A. Models may be constructed prior to recording of a plat. B. Models may be permitted as "dry models" and must obtain a conditional certificate of occupancy for model purposes only. Models may not be occupied until a permanent certificate of occupancy is issued. 2-3 C. Models may not be utilized as "sales offices" without approval by ahd through the Site Development Plan process. The SDP process shall not be required for dry models pursuant to this section. D. Prior to the recording of any plats, metes and bounds legal descriptions shall be -- provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footage, setbacks and the like as set forth herein. If platting is required, corrective deeds shall be recorded once the plat is recorded. E. Temporary access and utility easements may be provided in lieu of dedicated rights-of-way for temporary service to model homes. 2.7 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Wyndham Park. 2.8 DEVELOPMENT SCHEDULE The applicant estimates completion of improvements to the property should occur by January 2004. 2.9 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.10 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE ! Whenever the developer elects to create land area and/or recreation arnenities 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 or another appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 2-4 12B 2 2.11 OPEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and open space shall meet the 60 percent open space requirement for development as set forth in Section 2.6.32.2 of the LDC. Open space shall include all pervious green space within development parcels and lots. 2.12 AGRICULTURAL ACTIVITIES The site has previously been and is currently utilized for agricultural purposes. Agricultural activities, as defined in the LDC, shall continue to be a permitted use throughout the project until such time as residential development has commenced. 2.13 EASEMENTS FOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of development approvals. 2.14 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, water management facilities shall be the responsibility of the Developer, their successor or assign. 2.15 HISTORICAL/ARCHAEOLOGICAL IMPACT Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department con/acted. 2.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Wyndham Park PUD. General permitted uses are those uses which general serve the Developer and residents of Wyndham Park PUD and are typically part of the common infrastructure or are considered community facilities. 2-5 A. General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code, Section 2.6.9.1. A 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Community and recreational facilities, community centers. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses, subject to the requirements set forth in the Collier County Land Development Code. 7. Landscape features including but not limited to landscape buffers, berms, fences and architecturally designed walls. 8. Fill storage subject to the standards set forth in the Collier County Land Development Code. 9. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this document the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - eighteen feet (18') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Sidewalks and bikepaths may occur within required buffers, however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk or bikepath. 2-6 2.17 LAKE SETBACKS AND EXCAVATIONS The required setback to any right-of-way, roadway access easement or external property lines shall be thirty (30') feet if fenced. The required setback to any property line, tract line or structures internal to the development or to structures shall be zero (0') feet. Lakes may be excavated as development excavations to a maximum depth of twenty (20') feet. 2.18 FILL STORAGE Fill storage is generally permitted as a principal use throughout the project. Fill material generated may be temporarily stockpiled within areas designated for residential development. The following standards shall apply: A. Stockpile maximum slope: 3 to I (horizontal to vertical) B. Stockpile maximum height: Thirty-five (35') feet C. Fill storage areas shall be no closer than three hundred (300') feet from any developed residential properties, except as may otherwise be approved by Collier County Engineering Review Services pursuant to a submitted grading and filling plan. D. Soil erosion control shall be provided in accordance with the Collier County Land Development Code, Division 3.7. In order to properly utilize the fill excavated from the proposed lakes, the site may be filled prior to the issuance of building permits pursuant to Section 3.2.8.3.6.3 of the LDC. 2.19 SUBSTITUTIONS TO SUBDIVISION REGULATIONS The following design substitutions shall apply: A. ' LDC Section 3.2.8.3.19: Street name signs shall be approved by the Development Services Director but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Internal street pavement painting and reflective edging requirements shall be waived. B. LDC Section 3.2.8.4.16.5: All internal streets shall be considered local streets and their right-of-way widths shall be fifty (50') feet except as necessary to accommodate mining lanes at the Project's main entrance. C. LDC Section 3.2.8.4.16.6: The 1,000-foot length for cul-de-sac streets shall be waived. The maximum length of a cul-de-sae street shall be 1,800 feet. D. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall be waived. 2-7 I E. LDC Section 3.2.8.4.1 6.12.d: The requirement for asphaltic courses shall be waived to allow the use of a surface course of paver brick or decorative concrete pavement. 2-8 182 SECTION lII LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the area designated on Exhibit "A" as Tracts A, B and C. 3.2 MAXIMUM DWELLING UNITS There shall be a maximum of 442 residential units developed within the project' s residential tracts. 3.3 USES PERMITTED Residential areas designated on the Master Plan are to accommodate a full range of residential dwelling units, recreational facilities, essential services, customary accessory uses, and compatible land uses. Multi-family uses shall not be mixed with single family uses on the same platted tract. Principal uses shall not be developed between dissimilar permitted use types, specifically, no multi-family type shall be located between single family detached family structures. At the continuous lot line between single family detached and multiple family housing units or a dissimilar housing type, a landscape buffer (separately or on the tract of the higher density unit) of at least twenty (20) feet shall be provided. This buffer shall minimally meet the requirements of the LDC's Type "B" landscape buffer. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in pan, for other than the following: A. Principal Uses: (1) Single family detached, single family attached, cjuster development and multi-family development. (2) Duplex and two-family dwellings. (3) Townhouses and garden apartments/condominiums. 3-1 (5) The cjustering or grouping of housing structure types identi~ed in this document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in Section 2.6.27 of the Collier County Land Development Code and subject to the provisions of Division 3.3 of the Collier County Land Development Code. (6) Open space or preserve area. (7) Water management facilities and lakes. (8) Guard houses and entrance gates. (9) Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Accessory Uses: (1) Uses and structures that are accessory and incidental to permitted uses, including private garages. (2) Recreational uses and facilities such as swimming pools, tennis courts and children's playground areas and similar facilities that serve as an integral part of a residential development. Such uses shall be visually and functionally compatible with the adjacent residences which have use of such facilities. (3) Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. 3.4 DEyELOPMENT STANDARDS (See Table II, for greater specificity) A. GENERAL: All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. Generally whenever the word "setback" is used relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to be constructed it shall have the following application: FRONT YARD: Front yard setbacks shall be measured as follows: 1) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 3-2 2) If the parcel is served by a non-platted private drive, setbacl~ is measured from the back of curb or edge of pavement. 3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line. 4) Principal buildings shall be set back a distance sufficient to provide for two back to back parking spaces, one of which may be an enclosed space. 5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right-of-way or non-platted drive, a minimum distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt often (10) feet shall separate said right-of-way, or other non-platted private drive from the common parking area. This shall not prohibit the attachment of enclosed parking structures to the principal residential structure, however in such uses a parking apron of at least fifteen (15) feet shall separate the enclosed parking space from the edge of curb on a private right-of-way without sidewalks or twenty (20) feet when a setback includes a sidewalk. B. MAXIMUM HEIGHT In order to provide a form of a compatibility within the context of existing residential development within Collier County, the maximum number of stories permitted shall be three (3) habitable floors for a maximum height of 35 feet. C. STREET TREE REQUIREMENT Street trees shall be provided throughout the development. A street tree plan shall be submitted for staff review and approval as appropriate. Street trees may be placed within residential lots and shall be installed prior to or concurrent with the construction of individual dwelling units or structures in proximity to the roadway or accessway. 3-3 TABLE I I: ~ SUMMARY OF DEVELOPMENT STANDARDS FOR ALL RESIDENTIAL STRUCTURES MULTIPLE FAMILY STRUCTURES SINGLE PERMITTED USES FAMILY ZERO 2 - FAMILY/ STANDARDS DETACHED LOT LINE DUPLEX TOWNHOUSE ~PARTMENTS MIN. LOT AREA PER STRUCTURE OR PER DWELLING UNIT 6,000 4,800 2,400 1,800 ONE ACRE MIN. LOT WIDTH 50 40 24 18 150 FEET MIN. AVERAGE CORD LENGTH 26 26 20 16 18 FEET MIN. SITE DEPTH 100 100 100 100 100 FEET FRONT YARD SETBACK (i) PRINCIPAL STRUCTURE 20 18 18 18 25 FEET (ii) ACCESSORY FOR MULTI-FAMILY COVERED PARKING N/A N/A 10' 10' 10' FEET SIDE YARD SETBACK, PRINCIPAL AND ACCESSORY STRUCTURES 7.5 5**OR 0'* 7.5** 7.5*** 15'** FEET MINIMUM DISTANCE BETWEEN STRUCTURES 10 10 10 10 15'** FEET REAR YARD SETBACK (i) PRINCIPAL STRUCTURE 20 15 15'* 15'** 15'** FEET (ii) ACCESSORY STRUCTURE 10 10 10'* 10'** 5*** FEET MAX. BUILDING HEIGHT ( i ) ABOVE MFL 100 YFa~R 35 35 35 42 42 FEET (ii) ACCESSORY STRUCTURE 35 35 35 35 35 FEET FLOOR AREA MINIMUM/Dt.U. 1,200 1,000 1,000 1,000 800 S.F. Notes: (1) Walls and similar structures shall have a setback of five (5) feet along the development's boundaries along public right-of-way and.a setback of two (2) feet along other perimeter tract boundary where not abutting internal development tracts and a maximum height of 12 feet as measur from the lowest centerline grade of the nearest public or private right-of-way or easement. * 1~ FEET IF SETBACK INCLUDES SIDEWALK " TWENTY FEET IF SETBACK ENCUMBERS A LAKE'S MAINTENANCE EASEMENT "~ OR HALF THE SUM OF THE HEIGHT OF THE STRUCTURES, WHICHEVER IS GREATER; TWENTY FEET IF SETBACK ENCUMBERS A LAKE' S MAINTENANCE EASEMENT 3~ 3.5 DEVELOPMENT STANDARDS FOR STRUCTURES WITHIN RECREATIONAL TRACTS A. Setbacks ""' 1. Front Yard: 25 feet 2. Side Yard: 25 feet 3. Rear Yard: 25 feet B. Maximum Height: 35 feet or three (3) stories, whichever is least. C. Minimum Lot Width: 75 feet D. Minimum Lot Depth: 75 feet E. Minimum Lot Area: 6,000 square feet F. Minimum Distance Between Structures 10 feet 3-5 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAL All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is bound by the commitments within this agreement. 4.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. 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. 4.4 MONITORING REPORT AND SUNSET PROVISIONS A. The Wyndham Park PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 4-1 B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 TRANSPORTATION -- The development of the PUD Master Plan shall be subject to and govemed by the following conditions: A. Arterial level lighting shall be provided at the PUD's access point to public fight- of-way concurrent with the development of the entry road. B. The Developer shall provide right turn and left turn lanes at the project's proposed access from CR 951 concurrent with the development of the entry road. The Developer shall bear the cost of these improvements which are not subject to impact fee credits. C. Under the present two-lane condition of CR-951, the project may enjoy unconstrained access to and from the north and south. D. Under any future four-lane or six-lane condition of CR-951, there may or may not be a median opening to serve the project. Nothing in any development order shall vest the project with any right of access over and above a fight-in/fight-out condition. Neither shall the existence or lack of a future median opening be the basis for any future cause of action for damages against the County by the project developer, successor in title or assigns. E. When requested by the County, and subject to the approval of the a Developer's Contribution Agreement for road impact fee credits for the fair market value of the dedication, pursuant to Ordinance 92-22, as amended, the developer shall dedicate up to sixty (60) feet of right-of-way along CR 951 for future roadway, bike path and drainage improvements. Such dedication shall not be deducted from the PUD property for purposes for determining yards, lot area or lot dimensions. This dedication shall occur within one hundred and twenty (120) days of the County's request. F. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide pass through transmission of historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system not specifically designed for such discharge. 4-2 4.6 SIGNAGE Project identification signage for the residential component of this PUD may be developed at all project entrances in addition to other signage. All signage shall be subject to the provisions of Division 2.5 of the Land Development Code. 4.7 SITE LIGHTING Lighting facilities shall be arranged in a manner which will protect roadways and neighborhood residential properties from direct glare or other interference. 4.8 ENVIRONMENTAL Petitioner shall provide twenty-five percent (25%) retained native vegetation as required by Section 3.9.5.5 of the Land Development Code. The location of the retained vegetation shall be identified as a part of the submittal for Preliminary Subdivision Plat (PSP) or Site Development Plan (SDP), whichever is earlier, for any portion of the subject property. Retained vegetation shall be preserved in its entirety with all trees, understory and ground cover left intact and undisturbed, expect for prohibited exotic species removal. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners' association or like entity for ownership and mai.ntenance responsibilities and to Collier County with no responsibility for maintenance. Buffers shall be provided around wetlands, extending at least fifteen (15') feet landward from the edge of the wetland preserve in .all places and averaging twenty-five (25') feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the state of Florida Environmental Resource Permit roles and be subject to review and approval by Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current 4-3 2 Planning Environmental Staff for review and approval prior to final site plan/construction approval. 4.9 WATER MANAGEMENT AND DRAINAGE OUTFALL FOR ABUTTING pROPERTIES The project is within the limits of the Harvey Drainage Basin Study, and, as such, will conform to the requirements set forth by the County Water Management Director for easements and discharge rates. Petitioner shall provide an outfall ditch within a thirty (30') foot drainage easement along portions of the project as shown by Exhibit F, Water Management Concept Plan, attached to this PUD document, to provide a drainage outfall for abutting properties. 4.10 POLLING PLACES This PUD is subject to the provisions in Section 2.6.30 of the LDC. 4.11 UTILITIES All required utility services are available for this project. To wit: Water and Wastewater Disposal: These utility services are to provided by Collier County Utilities. The Project is proposed to connect to an existing 24" water main on the west side of CR-951 and to a proposed 8" force main on the east side. Electric Power: This utility service is to be provided by Florida Power and Light Company. The Project is proposed to connect to an existing aerial feeder along the westerly boundary of the Project adjacent to the existing Harvey Basin ditch. Telej3hone: This utility service is to be provided by UTS/Sprint. The Project is proposed to be connected to existing facilities within the CR-951 right-of-way. 4.12 PEDESTRIAN CIRCULATION Subject to the approval of Collier County Public Schools as to location and cross section, the proposed project improvements will include the construction of a connection of the internal pedestrian or bicycle circulation system(s) to the abutting campus of Oak Ridge Middle School. 4-4 PUD MASTER PLAN EXHIBIT SITE LOCATION MAP O~L WEU, PROJECT LOCATION VANDERBUILT BEACH GOLOEN GATE 8LVO WHITE BLVO o (,) RADIO RO. INTERSTATE 75 ALLIGATOR ALLEY X DAVIS BLVO. o LI_ SABAL PAlM Ro. < m LYNCH BI SECTION 27 TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LOCATION MAP CO~ER COUNt, FLORIDA ......... ~ ........... SECTION J-,,I ~c~ LAKE ~ ~DHAM PA~K PUD 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. 99-9 Which was adopted by the Board of County Commissioners on the 9th day of February, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of February, 1999. Clerk of Courts and~erk Ex-officio to Board!~of7 County Commissione~=~. Deputy Clerk