Ordinance 99-21 ORDINANCE NO. 99- 21
ol'~r/r AN ORDINANCE AMENDING ORDINANCE NUMBER
~/'a/~ 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 NUMBERS 8627~
AND 8627S; BY CHANGING THE ZONIN~;-
CLASSIFICATION OF THE HEREIN DESCRIBED REA~L~'~!
PROPERTY' FROM "A" RURAL AGRICULTURAL TO "P
PLANNED UNIT DEVELOPMENT KNOWN AS "IBIS,
COVE" FOR A MIXED USE RESIDENTIAL PROJECT-n?,
INCLUDING COMMUNITY FACILITIES SUCH AS%~
CHURCHES, SCHOOLS, CIVIC AND CULTUR ,
FACILITIES, FOR PROPERTY LOCATED ON THE SOUTH'~'r
SIDE OF IMMOKALEE ROAD (C.R. 846), WEST OF GULF
COAST HIGH SCHOOL IN SECTION 27, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 96.5+ ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Mr. George L. Varnadoe, Esq. of Young van Assenderp &
Varnadoe, P.A. representing Clyde C. Quinby, Trustee, 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"
Rural Agricultural to "PUD" Planned Unit Development in accordance with the Ibis
Cove PUD Document, attached hereto as Exhibit "A" and incorporated by reference
herein. The Official Zoning Atlas Maps numbered 8627N and 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 ~;th~ day of ~ ~ ,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
· ATTEST. t
s ignat ':on 1
· This brdlne~L~ flied with
Approved as to Form /5~__~e.t~Z of State's Office the
and Legal Sufficiency end acknow~r?d~ement of that
f;!ina r,:c,!,,i;,",::d i'his } day
Maijot~ M. Studeni
Assistant County Attorney
PUD-98-22 ORDINANCE/
-2-
IBIS COVE
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING THE IBIS COVE
A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
Clyde C. Quinby, Trustee
PREPARED BY:
George L. Varnadoe, Esquire
Young, van Assenderp & Varnadoe, P. A.
801 Laurel Oak Drive
Suite 300
Naples, Florida 34108
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
March 4, 1999
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of Developer to create a Planned Unit
Development on 96.5+ acres located south of Immokalee Road. The name of this PUD shall be Ibis
Cove. Development of Ibis Cove will comply with the goals and objectives set forth in the Collier
County Comprehensive Plan.
A. The subject property is within the Urban Mixed Use District/Urban Residential
Subdistrict as identified on the Future Land Use Map as set forth in Objective 1, of
the Future Land Use Element (FLUE), and the uses contemplated are consistent
therewith.
B. The proposed density of 530 units is 5.5 units per acre and less than the maximum
density permitted by the FLUE Density Rating System and is therefore consistent
with Future Land Use Element Policy 5.1. The entire subject property qualifies for
a density of 6.27 units per acre. 72.5 acres of the subject property are within the one
mile density band around the Activity Center at the comer of Immokalee Road and
S.R. 951.
C. The development will be compatible with and complementary to existing and
planned surrounding land uses.
D. The development of Ibis Cove 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.
E. Ibis Cove implements Policy 5.6 of the Future Land Use Element in that
approximately sixty percent (60%) of the project will be open space or recreationally
oriented.
F. The project is compatible with and complementary to existing and proposed land
uses as required in Policy 5.4 of the Future Land Use Element.
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 to be developed under the project name of
Ibis Cove.
1.2 LEGAL DESCRIPTION
Follows this page and is incorporated by reference.
1.3 PROPERTY OWNERSHIP
All of the subject property is under the equitable ownership or control of Clyde C. Quinby,
Trustee, whose address is 3775 Airport Pulling Road North, Suite B, Naples, Florida 34105.
Section I, Page 1
LEGAL DESCRIPTION
East ¼ of west V2 of northwest ¼, less north 100 feet (O.R. 1297, Page 1140); and west ½ of west
¼ of northwest ¼, less north 150 feet; and north tA of northwest ¼ of southwest ¼ of Section 27,
Township 48 South, Range 26 East, Collier County, Florida.
Section I, Page 2
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A.The 96.5+ acre project site is within Section 27, Township 48, Range 26. The
rectangularly shaped development parcel abuts Immokalee Road on the north,
Laurelwood, a Planned Unit Development on the east, Heritage Green PUD and Gulf
Coast High School on the west, and the proposed Wyndham Park PUD on the south.
The primary development objective is a maximum of 530 residential dwelling units,
and one community facility site. Maximum gross project density is 5.5 units per
acre.
B. The zoning classification of the subject property prior to the date of this approved
PUD document was agriculture.
1.5 PHYSICAL DESCRIPTION
Elevations of the property range from 12.5' to 13.5' above mean sea level. The site does not
contain areas of jurisdictional wetlands. The property has been used for row crop
agricultural uses now or in the immediate past and does not contain any natural vegetation.
Natural drainage is to southwest. Water management plans for the project are to utilize lake
detention areas which will result in the post development surface water discharge volume
being equal to or less than the pre-development discharge volume.
1.6 PROJECT DESCRIPTION
The residential component of the project will include a clubhouse and recreational amenities.
Each residential unit will be served with centrally provided potable water, sanitary sewer,
electric power, and telephone. Additional services will be provided as deemed appropriate.
The community facility portion of the project will be separated from the residential portion
Section I, Page 3
by the lake system. This portion of the project is designed to accommodate churches or other
community facility projects.
Entrance to the development will be provided from Immokalee Road.
1.7 SHORT TITLE
This Ordinance shall be known and cited as Ibis Cove Planned Unit Development Ordinance.
Section I, Page 4
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 Ibis Cove 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 (to the extent they
are not inconsistent with the PUD Ordinance) in effect at the time of issuance of any
development order to which said regulations relate which authorizes the construction
of improvements. Where these regulations 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 the 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 Ibis Cove 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 provisions of other sections
Section II, Page 1
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 Division 3.15, Adequate Public Facilities
at the earliest or next to occur of either final SDP approval, final plat approval, or
building permit issuance applicable to this development.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project development plan is graphically indicated by the PUD Master
Development Plan, attached as Exhibit "A". The plan indicates residential lots,
streets, lakes, a country club complex, an entry road intersecting with Immokalee
Road, open space, and one parcel for community facility.
B. In addition to the plan elements shown on the PUD Master Development Plan, such
easements and rights-of-way shall be established within the project site as may be
necessary or desirable for the service, function, or convenience of the project.
C. The PUD Master Development Plan is also the Subdivision Master Plan.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
No more than 530 residential dwelling units shall be constructed in the 96.5+ acre total
project area. If all dwelling units are constructed, gross project density will be 5.5 units per
acre.
2.5 REI,ATED 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
Section II, Page 2
appropriate Collier County governmental agency to insure compliance with the PUD
Master Plan, the Collier Cotrely Subdivision 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. 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 conformante
with 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.
E. Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedications and method for providing perpetual maintenance of
common facilities.
2.6 MODEL HOMES AND SALES FACILITIES
Section II, Page 3
Model homes, sales centers and other uses and structures related to the promotion and sale
of real estate, such as but not limited to pavilions, viewing platforms, gazebos, parking
areas, tents, and signs, shall be permitted principal uses throughout Ibis Cove subject to the
requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the Collier County Land
Development Code.
Model homes/model home centers including sales center shall be permitted in conjunction
with the promotion of the development 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.
C. Models may not be utilized as "sales offices" without approval by and through the
Site Development Plan process. The SDP process shall not be required for dry
models pursuant to this Section.
D. Prior to recording of any plats, metes and bounds legal descriptions shall be provided
to and accepted by Collier County as sufficient for building permit issuance for said
models. 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.
F. In addition to use of model homes as sales offices or centers, a sales office or center
Section II, Page 4
may be maintained on-site for the sales, marketing and administration of recreation
club memberships.
2.7 AMENDMENTS TO PUD DOCUMENTS 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.
2.8 ASSOCIATION OF PRQPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Whenever the Developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest 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 subject further to the provisions
of the Collier County Land Development Code, Section 2.2.20.3.8.
2.9 STREETS
Platted project streets may be private or public, or may be owned by a Homeowners'
Association and shall be classified as local streets.
2.10 LAKE SETBACK AND EXCAVATION
A. The lake setback requirements described in Section 3.5.7.1 of the Collier County
Land Development Code may be reduced with the administrative approval of the
Collier County Development Services Director. Lakes may be excavated to the
maximum depth of 12 feet. Removal of fill from Ibis Cove shall be limited to an
amount up to 10 percent (to a maximum 20,000 cubic yards) of the total volume
excavated unless a commercial excavation permit is received.
Section II, Page 5
B. LDC Section 3.5.7.1: The lake setback requirements of this section shall be revised
as follows. All setbacks shall be measured from the location of the contour of the
control elevation of the lake. The required setback to any right-of-way, roadway or
access easement may be twenty-five (25) feet if supported by design calculations
submitted at the time of development plan review. The required setback to any
extended property lines may be twenty-five (25) feet if the property line is fenced.
The required setback to any property line or tract line internal to the Ibis Cove
Development shall be zero feet.
2.11 FILL STORAGE
Fill storage is generally permitted as a principal use throughout Ibis Cove. Fill material
generated may be stockpiled within areas designated for residential development upon the
issuance of a Clearing and Filling Permit. Prior to stockpiling in these locations a Letter of
Notification along with plans showing the locations and cross-sections shall be submitted to
Collier County Engineering Review Services for review and approval. The following
standards shall apply:
A. Stockpile maximum side slope: 3:1
B. Stockpile maximum height: Thirty-five feet (35')
C. Fill storage areas shall be screened with a security fence at least six feet (6') in height
above ground level, except as may otherwise be approved by Collier County
Engineering Review Services pursuant to a submitted grading, filling, and re-
vegetation plan.
D. Fill storage areas shall be no closer than three hundred feet (300') from the eastem
boundary of the PUD.
Section II, Page 6
E. Soil erosion control shall be provided in accordance with the Collier County Land
Development Code, Division 3.7.
2.12 ACCESS
The project's principal access will be a directional access onto Immokalee Road; however,
the project will attempt to interconnect to the residential project to the east (Laurelwood
PUD) so as to share a traffic control signal on Immokalee Road.
Section II, Page 7
SECTION III
TRACT R
RESIDENTIAL DEVELOPMENT REGULATIONS
3.1 PURPOSE
The purpose of this Section is to set forth development regulations for areas designated as
Tract "R" on the PUD Master Plan, Exhibit "A". Section IV sets forth the separate specific
development regulations for Community Facility Uses which may be located in the areas
designated as Tract "R" on the PUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
A maximum of 530 residential dwelling units may be constructed on this +96.5 acre project.
3.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1. Residential dwellings, including single family, attached and detached, duplex
and two family dwellings, townhouses, coach homes, and multi-family
dwellings, including garden apartments.
2. Community Facility Uses as more specifically set forth in Section IV, and
limited to property fronting on Immokalee Road.
3. Any other principal use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "R" District.
Section III, Page 1
B. Accessory Uses:
1. Accessory uses and structures customary in residential projects.
2. Utility facilities and/or easements (including rights-of-way easements).
3. Water management facilities/lakes.
4. Project sales and administrative offices, which may occur in a residential or
"' recreational building and/or in a temporary building until such time as
permanent structures are available.
5. Model dwellings during the period of project development and sales.
6. Signs as permitted by the Collier County Land Development Code in effect
at the time permits are requested.
7. Any other accessory use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "R" District.
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the "R" Residential
District. Ibis Cove PUD will feature an integrated and compatible architectural
building style or theme, which will be incorporated into all residential structures.
Buildings will feature unifying and complementary design elements such as roof
treatments, building materials and building colors. To reduce building mass,
architectural design treatments such as articulated roof lines, balconies, building off-
sets, and unified landscaping will be provided. The individual buildings will vary
in size and configuration, and will combine several unit plan choices in two and three
story structures. The architecture will be consistent with construction in Southwest
Section III, Page 2
Florida and will stylistically be harmonious with the contextual vernacular of the
area.
B. GENERAL: Except as provided for herein, all criteria set forth shall be understood
to be in relation to individual parcel or lot boundary lines, or between structures.
Front yard setbacks shall be measured from back of curb or edge of pavement,
A whichever is closer to the structure. Condominium/homeowners' association
boundaries shall not be utilized for determining development standards.
C. OFF-STREET PARKING
As required by Division 2.3 of the Collier County Land Development Code in effect
at the time of building permit application.
D. MAXIMUM HEIGHT
1. Multi-family: Three stories above the minimum finished floor elevation, not
to exceed 45 feet, except the first row of buildings adjacent to the eastern
property line of the PUD shall be limited to 35 feet.
2. Accessory Structure: 20 feet, or 1 story, above the minimum finished floor
elevation, except for attached screen enclosures, which may be the height of
the principal structure.
3. Clubhouse: Two stories above the minimum finished floor elevation, not to
exceed forty-five feet (45').
E. SETBACKS FROM PROJECT BOUNDARIES
1. Principal Structures - 50' from all project boundaries
2. Accessory Structures - 30' from all project boundaries
Section III, Page 3
3.5. CjustER DEVELOPMENT
In the event a housing project (including infrastructure) is designed with a common
architectural theme, the Collier County Development Services Director may permit
variations from the previously listed residential development regulations. Prior to approval
and subject to the provisions of Division 3.3 of the Collier County Land Development Code,
the Collier County Development Services Director shall insure that the plans are appropriate
for and compatible with the surrounding area, and the basic intent of the PUD standards are
complied with.
Section III, Page 4
DEVELOPMENT STANDARDS
"R" Residential Areas
TABLE I
PATIO, ZLL, OR
SINGLE SINGLE TWO FAMILY CjustER,
FAMILY FAMILY ATTACHED/ MULTI-FAMILY
DETACHED DETACHED OR DUPLEX TOWN HOUSE
CATEGORY 1 '3 .2 '3 3 '3 4 '3
MINIMUM SITE 9000 5000 3500 1 AC
~AREA SF/Lot SF/Lot SF/Lot
SITE WIDTH 75' 50' 35' 150'
MIN. AVG.
SITE DEPTH 120' 100' 100' 150'
MIN. AVG.
FRONT YARD 25' 20' 20'* 1 20' P
SETBACK
SIDE YARD 7.5' 5'-1 story 0 or a minimum 20' P
SETBACK 7.5'-2 story of 5' - 1 story
7.5' - 2 story
REAR YARD 20' P 15' P 15' P 20' P
SETBACK PRIN-
CIPAL 10' LF 10' LF 10' LF 0' LF
REAR YARD 10' P 10' P 10' P 10' P
SETBACK ACSRY. 0' LF 0' LF 0' LF 0' LF
MAX. BUILDING
HEIGHT STORIES
ABOVE PARKING 2*4 2*4 2*4 3*4
DIST. BETWEEN
PRINCIPAL STR. 15' 10' 0' or 5' 15' '2 - 1 story
25' '2 - 2-3 story
FLOOR AREA
MINIMUM (S.F.) 1500 1200 1200 1000
Section III, Page 5
SITE DEPTH AVERAGE: Determined by dividing the site area by the site width.
SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the
site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of the
intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with
the rear parcel line). Site width may be reduced on cul-de-sac lots provided overage equals minimum standards.
P. Perimeter of Intemal Sites
LF = Lake Front Sites
* 1 This setback may be reduced to 12' for side entry garage
'2 0' or ~ the sum of the adjacent buildings, whichever is greater.
During the County approval process, tracts shall be designated and approved as a specific category. The
approved specific category shall not be changed unless the entire tract is consistent with the new category.
Any change from an approved category to another shall be accomplished as per Section 2.7.3.5 of the Collier
County Land Development Code.
'4 Height limited to 35 feet for the first row of buildings adjacent to the eastern property line of the PUD.
Section III, Page 6
SECTION IV
TRACT R
COMMUNITY FACILITY DEVELOPMENT REGULATIONS
4.1 PURPOSE
The purpose of this Section is to identify permitted non-ALF Community Facility uses and
development standards for areas designated as Tract "R" on the PUD Master Development
Plan, Exhibit "A". There shall be no more than one Community Facility site developed
within the PUD. Any Community Facility principal structure must front on Immokalee Road
and abut the Gulf Coast High School property, and no more than 65,000 square feet of
Community Facility building uses may be constructed within the PUD.
4.2 USES PERMITTED
No building or structure or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1. Child care centers.
2. Churches and houses of worship.
3. Civic and cultural facilities.
4. Museums.
5. Parks and playgrounds, noncommercial recreation facilities, and open space
llses.
6. Public, private, and parochial schools.
7. Any other principal use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible with the other uses in this district.
Section IV, Page 1
B. Accessory Uses:
1. Accessory uses and structures eustomarily located within Community Facility
zoning designations.
2.Utility, water management and rights-of-way/access easements.
3.Water management facilities/lakes.
4. Signs as permitted by the Collier County Land Development Code in effect
at the time permits are requested, except as modified herein.
5. Any other principal use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible with the other uses in this district.
4.3 DEVELOPMENT STANDARDS
A. Overall site design shall be harmonious in terms of landscaping, enclosure of
structures, location of access streets and parking areas, and location of buffer areas.
B. Minimum setbacks:
(1) Principal structures: 75 feet from Immokalee Road, and 50 feet from the
project's entry road and all other property boundaries; or one-half of the
building height, whichever is greater.
(2) Accessory structures: 50 feet from all property boundaries.
(3) The setbacks from lakes for all uses may be zero (0') feet, provided
architectural bank treatment is incorporated into the design and subject to
approval from Collier County Development Services Department.
C. Maximum height of structures
(1) Principal uses - 60 feet
Section IV, Page 2
(2) Accessory uses - 45 feet
(3) Subsection 2.6.3.1 of the Collier County Land Development Code titled
"Exclusions from height limits" is hereby incorporated by reference, the same
as if fully set forth herein effective as of date of adoption of PUD.
D. Minimum distance between principal and accessory structures which are part of an
architecturally unified grouping: 10 feet.
E. Minimum structure distance between all other principal structures: 20 feet.
F. Minimum distance between accessory structures: 10 feet.
G. Minimum floor area: 1,500 square feet
H. Minimum lot or parcel area: 5 acres
I. Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare, or other interference.
J. A Site Development Plan in compliance with Division 3.3 of the Collier County
Land Development Code shall be required.
K. Off-street parking and loading facilities shall be provided as required by the Collier
County Land Development Code in effect at the time permits are requested.
L. Signs shall be permitted as provided for in the Collier County Land Development
Code for the non-residential designated portion of a PUD. In the event a church or
house of worship is developed, such use may include with its permitted signs the
additional square footage allowed for any exempt sign such as bulletin boards.
4.4 BUFFER DEVELOPMENT REGULATIONS
A. Buffer Types:
Land use buffers shall be easements, generally located along the proj ect's perimeter,
Section IV, Page 3
intended to protect residential land uses from possible impacts from adjacent off-site
roadways and/or off-site land uses. Land use buffers may also be utilized within the
project boundaries, at the discretion of the developer. Land use buffers may be
landscape buffers and/or earthen berms and/or fences/walls (8' maximum height).
B. Buffer Development Standards:
~ In addition to the development standards set forth below, the provisions of Section
6.12 of this document shall also apply.
1. Land use buffers, berms, fences and walls may be constructed along the
perimeter of the Ibis Cove PUD boundary prior to Subdivision Platting and
Site Development Plan submittal. All such areas must be included in a
landscape or buffer easement on Final Plats, or in a separate recorded
instrument.
2. All other project property boundaries shall have land use buffer widths in
compliance with Division 2.4 of the Collier County Land Development Code.
3. Except as provided for above, and in Section 6.11 of this document, buffer
improvements shall be in conformance with Division 2.4 of the Collier
County Land Development Code.
4. Types and numbers ofplantings for project perimeter land use buffers shall
be submitted with Construction Plans and Plat application(s). Plans shall
depict how the perimeter land use buffers will be irrigated.
Section IV, Page 4
SECTION V
RECREATION AREA
5.1 PURPOSE
The purpose of this Section is to set forth the development plan and development standards
from the areas designated as Tract "RA", Recreation Area on Exhibit "A". The primary
function and purpose of this Tract is to provide for access, project infrastructure, and
aesthetically pleasing open areas intended to satisfy the residents' basic needs for a quality
recreational opporttmity. Any recreational, social, administrative or maintenance facility
which may be indicated on the PUD Master Plan, Exhibit "A", shall be considered
conceptual, and the placement of such facilities considered non-binding.
5.2 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1. A residential club house not to exceed 10,000 square feet.
2. Tennis clubs, health spas, and other recreational clubs.
3. Structures which house social, recreational, project marketing, administrative,
or security facilities.
4. Utility, water management and rights-of-way/access easements.
5. Lakes and water management facilities.
6. Conservation areas/mitigation areas.
7. Land use and/or landscape buffers, which may or may not be easements,
depending on the buffer use.
Section V, Page 1
8. Signs as permitted by the Collier County Land Development Code in effect
at the time permits are requested.
9. Open space uses and structures including, but not limited to nature trails,
fitness trails and shelters, boardwalks, gazebos, and picnic areas.
10. Pedestrian and bicycle paths and/or boardwalks, or other similar facilities
-- constructed for purposes of access to, or passage through the commons area.
11. Small docks, piers or other such facilities constructed for purposes of lake
recreation, for residents of the project.
12. Shuffleboard courts, tennis courts, swimming pools, and other facilities
intended for outdoor recreation.
13. Lake excavations as permitted by Division 3.5 of the Collier County Land
Development Code.
B. Accessory Uses:
Accessory, incidental and subordinate commercial activities such as, but not limited
to, those provided herein shall clearly be of such scope, size and proposed intensity
that they are sustainable only by the membership of the clubhouse.
1. Clubhouse, snack bars,, and other customary accessory uses of recreational
facilities.
2. Small establishments, including tennis equipment sales, restaurants, cocktail
lounges, and similar uses, intended to exclusively serve patrons of the
permitted recreational facilities.
3. Customary accessory uses or structures incidental to recreational areas and,
or facilities, including structures constructed for purposes of maintenance,
Section V, Page 2
storage, recreation or shelter with appropriate screening and landscaping.
4. One (1) caretaker's residence for the tennis facilities.
5.3 DEVELOPMENT REGULATIONS
A. Overall site design shall be harmonious in terms of landscaping, enclosure of
structures, location of access streets and parking areas, and location of buffer areas.
B. Setbacks:
Recreational Building:
Front Yard: 35 feet from abutting residential parcels, otherwise 0 feet.
Side Yard: 35 feet from abutting residential parcels, otherwise 0 feet.
Rear Yard: 35 feet from abutting residential parcels, otherwise 0 feet
Accessory Structures (all yards): 35 feet, or where adjacent to lake, 0 feet,
measured from the lake control elevation.
C. Structures adjacent to one another shall be separated by a minimum of 10 feet.
D. Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare, or other interference.
E. A Site Development Plan in compliance with Division 3.3 of the Collier County
Land Development Code shall be required.
F. Maximum Height:
1. Principal Structures: 45 feet
2. Accessory Structures: 20 feet
G. Off-Street Parking and Loading:
As required by the Collier County Land Development Code in effect at this time
permits are requested.
Section V, Page 3
H. Caretaker' s Residence:
One (1) caretaker' s residence shall be permitted for the tennis facilities, subject to the
following:
1. The residence shall be constructed as an integral part of the main clubhouse
facility, and shall be entered from within the respective clubhouse facility.
-"- All exits required comply with fire codes shall be permitted.
2. The caretaker's residence shall be an accessory use, and shall be for the
exclusive use of the property owner, tenant, or designated employee operating
or maintaining the tennis courts.
3. Off-street parking shall be as for a single-family residences in accordance
with Division 2.3 of the Collier County Land Development Code in effect at
the time of Site Development plan application. Parking for the caretaker's
residence shall be in addition to any other required parking facilities.
5.4 BUFFER DEVELOPMENT REGULATIONS
A. Buffer Types:
1. Land use buffers shall be easements, generally located along the project's
perimeter, intended to protect residential land uses from possible impacts
from adjacent off-site roadways and/or off-site land uses. Land use buffers
may also be utilized within the project boundaries, at the discretion of the
developer. Land use buffers may be landscape buffers and, or earthen berms
and, or fences/walls.
B. Buffer Development Standards:
In addition to the development standards set forth below, the provisions of Section
Section V, Page 4
6.12 of this document shall also apply.
1. Land use buffers, berms, fences and walls may be constructed along the
perimeter of the PUD boundary prior to Subdivision Platting and Site
Development Plan submittal. All such areas must be included in a landscape
or buffer easement on Final Plats, or in a separate recorded instrument.
~' 2. All other project property boundaries shall have land use buffer widths in
compliance with Division 2.4 of the Collier County Land Development Code.
3. Except as provided for above, and in Section 6.12 of this document, buffer
improvements shall be in conformance with Division 2.4 of the Collier
County Land Development Code.
4. Types and numbers ofplantings for project perimeter land use buffers shall
be submitted with Construction Plans and Plat application(s). Plans shall
depict how the perimeter land use buffers will be irrigated.
Section V, Page 5
SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the development
of the proj ect.
6.2 P.UD MASTER. PLAN
The PUD Master Plan is conceptual in nature and the number, shape, and configuration of
lakes may be increased or decreased with the appropriate revised water management plan.
6.3 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
A. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the
Collier County Land Development Code.
B. This PUD is subject to the Sunsetting provision as provided in Section 2.7.3.4 of the
Collier County Land Development Code.
6.4 DEVELOPMENT EXEMPTION FROM STANDARD SUBDIVISION
PRACTICE/REGULATIONS
The Site Development Plan Division of the Collier County Land Development Code shall
apply to the Ibis Cove, except for exemptions set forth herein or otherwise granted pursuant
to Collier County Land Development Code Section 3.3.3.
6.5 SUBSTITUTIONS AND EXCEPTIONS TO SUBDIVISION REGULATIONS
The following Subdivision Regulations from the Land Development Code ("LDC")
requirements shall be waived or the following substitutions made:
A. LDC Section 3.2.8.3.17 and Section 3.2.8.4.14: Sidewalks shall be constructed as
shown on the road cross sections attached as Exhibit "B". Stop bars shall be
Section VI, Page Z
required.
B. LDC Sections 3.2.8.3.19: Street name signs shall be approvedby the Development
Services Director but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform
Traffic Control Devices. Street pavement painting, street striping, and reflective
edging requirements shall be waived.
;""~ C. LDC Section 3.2.8.4.16.5: Street right-of-way widths shall be as depicted in Exhibit
D. LDC Section 3.2.8.4.16.6: The required right-of-way radii at cul-de-sacs shall be 55'.
E. LDC Section 3.2.8.4.16.6: The 1,000 foot length cul-de-sac street maximum may be
extended upon review and approval of the Fire District.
F. LDC Section 3.2.8.4.16.9: The requirement that curved streets have a minimum
tangent of 75 feet at intersections shall be waived.
G. LDC Section 3.2.8.4.16.10: The requirement for tangents between street curves shall
be waived.
H. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic surface course shall be
waived to also allow the use of a surface course of paver bricks or decorative
concrete pavement.
I. LDC Section 3.2.8.4.16.12.e: The requirements that grass shall be required for all
non-paved areas of the right-of-way shall be waived to also allow the installation of
decorative planters and alternative ground cover.
J. LDC Section 3.2.8.4.22.9.c: The requirement that drainage in lots be spaced in
accordance with FDOT criteria may be varied upon submittal of the necessary data
to support the variance at time of development plan submittal.
Section VI, Page 2
6.6 TRANSPORTATION
A. PURPOSE
The purpose of this Section is to set forth the traffic improvement requirements
which the project developer must undertake as an integral part of the project
development.
B. IMPROVEMENT REQUIREMENTS
1. The Developer shall provide fight turn lanes on Immokalee Road before any
certificates of occupancy are issued.
2. The Developer shall provide arterial level street lighting at the project
entrance in conjunction with its construction of the entrance to the project.
3. The Developer shall make a fair share contribution toward the capital cost of
a traffic signal on Immokalee Road at the entrance to the Laurelwood PUD
when deemed warranted by the County, if this project is permitted to share
access to that intersection. The signal shall be owned, operated and
maintained by Collier County.
4. All traffic control devices used, excluding street signs, shall conform with
the Manual On Uniform Control Devices (Chapter 316.0747, Florida
Statutes).
5. Gatehouse facilities, if any, shall be designed and located so as not to cause
vehicles to be backed up onto any public roadway.
6. The improvements listed in Paragraph 6.6(B)1~5 of this document are
considered "site related" and shall not be applied as credits toward any impact
fees required by the Road Impact Fee Ordinance.
Section VI, Page 3
7. The Developer shall make efforts to provide an interconnection with the
adjacent Laurelwood PUD, as depicted on the PUD Master Plan attached as
Exhibit "A".
8. If construction of a right turn lane is required by the County in connection
with development approvals for the Laurelwood PUD, the Ibis Cove
Developer agrees to convey to the Laurelwood developer, for ten dollars
($10.00), a strip of land not to exceed 125 feet in length and 15 feet in width
in the northeast comer of the Ibis Cove PUD property immediately abutting
the Immokalee Road right of way for the Laurelwood developer to construct
at its sole expense such required turn lane.
6.7 WATER MANAGEMENT
A. PURPOSE
The purpose of this Section is to set forth the requirements for the Water
Management System.
B. THE WATER MANAGEMENT PLAN CONCEPT
Twenty (20) acres of the 96.5+ acre project is planned as a stormwater catchment
basin. Twenty (20) acres of lakes are included in this area. Stormwater originating
on lands to the east of the project will flow through the project by using culverts,
swales, and preserved areas on the site in a manner intended to duplicate pre-
development conditions.
Flood protection will be provided to the project by raising buildings, roads, and other
improvements in conformance with South Florida Water Management District
criteria. The South Florida Water Management District criteria for building pad
Section VI, Page 4
elevation is the 100-yr./zero-discharge storm elevation and the minimum road
elevation is based on a 25 year storm event. Off-site flows from the properties to the
east shall be conveyed through the project, or around the project in accordance with
the Harvey Basin Stormwater Plan.
C. REQUIREMENTS
Prior to water management construction permit issuance, the Collier County
Development Services Department and the Collier County Stormwater Management
Department will review the Master Water Management Plan in greater detail and
must review and approve the detailed water management construction plans for each
phase of construction.
6.8 UTILITIES
A. PURPOSE
The purpose of this Section is to set forth the utilities requirements.
B. REQUIREMENTS
1. Water distribution and sewage collection and transmission facilities to serve
the proj ect are to be designed, constructed, conveyed, owned, and maintained
in accordance with Collier County Ordinance No. 88-76, as amended, and
other applicable County rules and regulations.
2. All customers connecting to the water distribution and sewage collection
facilities will be considered to be customers of the County, and will be billed
by the County in accordance with the County's established rates.
3. Temporary construction and/or sales trailers may use septic tanks or holding
tanks for waste disposal, subject to permitting under Rule 10D-6 of the
Section VI, Page 5
Florida Administrative Code, and may use potable or irrigation wells.
4. The on-site water distribution system serving the project must be connected
to the Collier County Water-Sewer District's water main available and
adjacent to the project boundaries. Said system shall be consistent with the
main size and the requirements specified in the project's Utility Master Plan
"' and extended throughout the project. During design of these facilities, dead-
end mains shall be minimized by looping the internal pipeline network, where
feasible. The County recognizes there are environmental constraints that may
prevent said looping.
5. Within the project, landscaping (including palm trees, shrubs and ground
cover), sidewalks/paths will be allowed within utility easements, including
placement within three feet (3') of a utility line. Canopy trees may be located
seven feet (7') from utility lines, said seven feet (7') being measured from the
trunk of the tree to the center of the utility line. Reconstruction of the
sidewalk/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.
6.9 ENVIRONMENTAL
A. PURPOSE
The purpose of this Section is to set forth the environmental requirements for the
project.
B. DEVELOPER REQUIREMENTS
1. The subject property has been previously cleared for agricultural purposes,
Section VI, Page 6
and is in a highly disturbed state. An exemption to the Environmental Impact
Statement has been granted.
2. Native species shall be utilized, where available, to the maximum extent
possible in the site landscaping design. A landscaping plan will be submitted
to the Development Services Director for his review and approval. This plan
" will depict the incorporation of native species and their mix with other
species, if any. The goal of site landscaping shall be the reestablishrnent of
native vegetation and habitat characteristics lost on the site during
construction or due to past activities.
3. All exotic plants, as defined in the Collier County Land Development Code,
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 re-invasion
of the site by such exotic species. The maintenance plan, which describes
control techniques and inspection intervals shall be submitted to and
approved by the Development Services Director.
4. If, during the course of site clearing, excavation, or other constructional
activities, an archaeological or historical site, artifact, or other indicator is
discovered, all development at that location shall be immediately stopped and
the Development Services Director notified. Development will be suspended
for a sufficient length of time to enable the Development Services Director
or a designated consultant to assess the find and determine the proper course
of action in regard to its salvageability. The Development Services Director
Section VI, Page 7
will respond to any such notification in a timely and efficient manner so as
to provide only a minimal interruption to construction activities.
5. In the event that any portion of the project planned for development is
determined to have a reasonable likelihood of containing archaeological
artifacts, an archaeological survey of the areas must be conducted by
"' qualified personnel subject to the approval of the Development Services
Director. Results of the survey must be submitted to the Development
Services Director for review and, if warranted, additional actions taken as
outlined in Paragraph 4 above.
6. If, during the course of clearing or construction activities, plant or animal
species identified in the Florida Game and Fresh Water Fish Commission,
July 1987 edition of "Official Lists of Endangered and Potentially
Endangered Fauna and Flora in Florida" are identified, a survey for the
presence and distribution of such protected species shall be conducted by
qualified personnel subject to approval by the Development Services
Director. If warranted, project designs shall be adjusted and/or individuals
and/or populations of protected plants and/or animals relocated to preserve
areas, or other appropriate areas approved by Development Services
Director, to insure the survival of the species. Retention/relocation efforts
will include all species identified in the survey.
7. For all of the stipulations above, mutual agreements must be reached between
the Development Services Director and the Developer of Ibis Cove. If
mutual agreements cannot be reached, the matter will be brought before the
Section VI, Page 8
EAB or its successors, to act as an arbitrator in the dispute. If arbitration is
futile, the matters will be brought before the Board of County Commissioners
(BCC), the BCC to act as the final arbitrator.
6.10 SIGNS
All signs shall be in accordance with Division 2.5 of Collier County's Land Development
Code in effect at the time of Site Development Plan approval with the following exceptions:
A. Project Identification Signs - Two ground, wall, or gate project identification signs
may be located at each entrance to the development and two additional project
identification signs may be located on Immokalee Road, all subject to the following
requirements:
1. Such signs shall contain only the name of the development, the insignia, or
motto of the development, and shall not contain promotional or sales
material.
2. Project identification signs shall not exceed sixty (60) square feet, excluding
mounting surfaces or structures. Where signage is affixed or is an integral
part of a wall or fence, the face of the sign may protrude above the upper edge
of the wall or fence, but remain subject to height restrictions.
3. No project identification signs shall exceed the height often feet (10') above
the finished ground level of the sign site;
4. Project identification signs may be lighted, provided all lights are shielded in
a manner which prevents direct glare on adjacent roadways, or into adjacent
residences.
B. Project Promotion Signs - Two ground or wall signs may be located at the project's
Section VI, Page 9
frontage on Immokalee Road for the purpose of promoting the development or any
major use in the development, subject to the following requirements:
1. Any promotional signs shall not exceed one-hundred (100) square feet,
excluding mounting surfaces or structures.
2. No promotional sign shall exceed a height often feet (10') above the average
finished ground level of the site.
3. Promotional signs may be lighted, provided all lights are shielded in a manner
which prevents direct glare on adjacent roadways, or into adjacent residences.
6.11 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the
Collier County Land Development Code in effect at the time of building permit application.
6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as principal uses
throughout the Ibis Cove PUD, except in Preserve Areas. Along the PUD boundaries, the
landscape buffers, berms, fences and walls that may be installed shall have equal treatment
and maintenance of the interior and exterior of said landscape buffers, berms, fences and
walls. The following standards shall apply:
A. Berms shall have the following maximum side slopes:
1. Grassed benns 4:1
2. Landscaped berms 3:1
3. Rip-Rap berms 1: 1
4. Structural walled berms may be vertical
5. Required buffer planting area 4:1
Section VI, Page 10
B. Height of Landscape Berms and Depth of Swales:
A 4:1 slope shall be required for berms and swales, except under the following
circumstances:
1. The maximum height ofa berm is four feet, as measured from existing grade,
ifa 3:1 slope is utilized and the berm is landscaped. The maximum depth of
~ a swale may be four feet, as measured from existing grade, if a 3:1
landscaped slope is utilized.
2. A 3:1 slope is also permitted if the height of a slope is two feet in height or
less or if the open channel is two feet in height or less,
C. Fence or wall maximum height:
The maximum height for all walls and fences around the perimeter of the
development shall be ten (10) feet above the finished ground level of the walls and
fences. Walls and fences within the development shall conform with Collier County
Land Development Code requirements.
D. Pedestrian sidewalks, golf cart paths, bike paths, water management facilities and
structures may be incorporated into the required landscape buffer areas, consistent
with Section 2.4.7.3.4 of the Land Development Code.
E. Within the project, landscaping (including palm trees, shrubs and ground cover) and
sidewalks/paths shall be allowed within utility easements. Shrubs, ground cover and
paths shall be allowed within utility easements. Palms may be allowed within three
(3) feet of utility lines. Canopy trees may be located seven (7) feet from utility lines,
said seven (7) feet being measured from the trunk of the tree to the center of the
utility line. Reconstruction of sidewalk/paths, or modification/reinstallation of plant
Section VI, Page 11
material due to necessary maintenance of utility lines will be the responsibility of the
Developer, its successors, or assigns.
6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the
Collier County Land Development Code in effect at the time of building permit application.
6.14 POLLING PLACES
Pursuant to Section 2.6.30 of the Collier County Land Development Code, accommodation
shall be made for the future use of building space within the common areas for the purposes
of accommodating the function of an electoral polling place.
An Agreement between the Supervisor of Elections and the Developer will be recorded in the
Official Records of the Clerk of the Circuit Court of Collier County, and is binding upon any
and all successors in interest that acquire ownership of such common areas including
Homeowners' Associations or Tenants' Associations. This Agreement will provide for said
community recreation/public building/public room or similar common facility to be used for
a polling place if determined to be necessary by the Supervisor of Elections.
G:\USERSXLANA\WpS\quinby\IBIS\IBIS HARBOR PUD FINAL.wpd
March 4, 1999
Section VI, Page 12
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. 99-21
Which was adopted by the Board of County Commissioners on the
9th day of March, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this llth day of March,
1999.
Clerk of Courts