Ordinance 2009-61
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ORDINANCE NO. 09- 61
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 02-35, ,.",
AS AMENDED BY ORDINANCE NO. 02-48, BY AMENDING SECTION
3, TABLE I SIDE YARD SETBACKS FOR TRACT A; BY ADDING
EXHIBIT C, MAP SHOWING AMENDMENT AREA; BY ADDING
EXHIBIT 0, TYPICAL PATIO OR ZERO LOT LINE HOME SIDE YARD
SETBACK DETAIL IN TRACT A; AND PROVIDING AN EFFECTIVE
DATE.
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WHEREAS, on June 25, 2002, the Board of County Commissioners adopted Ordinance No. 02-
35, the Winding Cypress Planned Unit Development, in accordance with the Planned Unit Development
document attached thereto (the "PUD Document"); and
WHEREAS, on October 8, 2002, the Board of County Commissioners adopted Ordinance No. 02-
48, to correct Scrivener's Errors to the Winding Cypress Planned Unit Development; and
WHEREAS, Chris Hasty of Pulte Homes, Inc., and Margaret Perry of WilsonMiller, Inc.,
representing DiVosta Homes, L.P., petitioned the Board of County Commissioners to amend Ordinance
No. 02-48, the Winding Cypress Planned Unit Development, and the PUD Document.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO TABLE I OF SECTION 3 OF ORDINANCE NO. 02-48, THE
WINDING CYPRESS PUD
Table I of Section 3 of the PUD Document is hereby amended to read as follows:
TABLE I
WINDING CYPRESS DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS - TRACT A
SINGLE PATIO"ll & TWO SINGLE FAMILY MUL TI-
FAMILY ZERO LOT FAMILY & ATTACHED & FAMILY
DETACHED LINE DUPLEX TOWN HOME
Minimum Site Area 2,800 SF 2,800 SF 3,500 SF 2,200 SF 12,000 SF
Minimum 35' 35' 35' 20' 100'
Site Width
Minimum 65' 65' 100' 40' 90'
Site Deoth
Front Yard Setback 15' '1 15' '1 15' '1 15' '4 15' '4
(Principal and
Accessory)
Rear Yard Setback 10' 10' 10' 10' 20'
(Principal)
Side Yard Setback 5' '5 5' 5' 7.5'
(Principal) _ '2
Side Yard Setback 5' '5 5' 5''6 5'
(Accessory) _ '2
Rear Yard Setback 5' 5' 5' 5''? 10'
(Accessorv)
Maximum Height -,j 35' 35' 35' 50' 50'
Distance Between N/A N/A N/A 10' 15'
Principal Structures
Minimum Floor Area 900 SF 900 SF 900 SF 750 SF 750 SF
Words struck through are deleted; words underlined are added.
Revised #3 August 20,2009 PUDA-PL2009-11O, Winding Cypress PUD
Page 1 of 3
General Notes:
For any lot or parcel, which is served by both a street and an alley, the lot line adjacent to the alley shall be treated as a
rear lot line, and the setback shall be measured from the edge of pavement. The alley easement shall be a minimum of
20' wide, with 10' pavement. Common architectural features such as archways, arbors, and courtyard entry features
shall be exempt from the minimum yard requirements listed above.
Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the
development standards to be applied by the Customer Services Department during an application for a building
permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configuration shall be submitted
to Customer Services Department with the application for the first building permit. The conceptual exhibit may be
modified as needed.
All distances are in feet unless otherwise noted.
With approval from the Developer, front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line.
Sidewalks shall be located in the right-of-way.
B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of
pavement (if not curbed).
*1 This setback shall be reduced to 10' for side entry garages, front porches, and combination front
porch/front entry garages.
*2 The side corner setback shall be the same as the required front principal structure setback.
*3 Height shall be measured from the first habitable finished floor elevation of the unit.
*4 Setback to be measured from edge of pavement or back of curb, whichever is applicable, of road
that serves the unit.
*5 Side yard setback shall be either 0' on one side and 10' on the other, or 3'-1 on one side and 6'-11"
on the other. For those structures to be constructed within the hatched area of Tract A as depicted on the
attached Exhibit C. side yard setback shall be either 0' on one side and 10' on the other. or a minimum of 3'.
1" as lonQ as the total distance between structures is a minimum of 10 feet.
*6 Accessory Pool Enclosure/screen lanai setback may be reduced to 0' when attached to privacy
wall.
*7 Accessory Pool Enclosure/screen lanai setback from Lake Maintenance Easement may be
reduced to 0' provided architectural bank treatment is incorporated.
*8 A Patio Home is a detached or semi-detached unit for a single family with one (1) dwelling unit from
ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a
private yard between the house and the wall
SECTION TWO: AMENDMENT TO EXHIBIT A, THE PUD DOCUMENT, OF ORDINANCE NO. 02-35,
TO ADD EXHIBIT C, MAP SHOWING AMENDMENT AREA
Exhibit C, Map Showing Amendment Area is hereby added to the PUD document and attached hereto
and incorporated by reference herein.
SECTION THREE: AMENDMENT TO EXHIBIT A, THE PUD DOCUMENT, OF ORDINANCE NO. 02-35,
TO ADD EXHIBIT 0, TYPICAL PATIO OR ZERO LOT LINE HOME SIDE YARD SETBACK DETAIL IN
TRACT A
Exhibit D, Typical Patio or Zero Lot Line Home Side Yard Setback Detail in Tract A Map is hereby added
to the PUD document and attached hereto and incorporated by reference herein.
Words struck through are deleted; words underlined are added.
Revised #3 August 20, 2009 PUDA-PL2009-110, Winding Cypress PUD
Page 2 of 3
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DUL V ADOPTED by super-majority vote by the Board of County Commissioners
of Collier County, Florida, this I ()tI1 day of ^/ CAA'; }'1 J:t-f r , 2009.
ATTEST: .
DWIGHT E: B~l?9~, CLERK
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Approved as to form and
Legal~ffiCiency.: . .'
t..l\d /-i Clio
Heidi AShton-~icko
Section Chief, Land Use/Transportation
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BOARD OF COUNTY COMMISSIONERS
COLLIER COU TV, FLORIDA
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Exhibit C: Map showing amendment area
Exhibit D: Typical Patio or Zero Lot Line Home Side Vard Setback Detail in Tract A
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Words struck through are deleted; words underlined are added.
Revised #3 August 20, 2009 PUDA-PL2009-110, Winding Cypress PUD
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Page 3 of 3
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WINDING
CYPRESS
TRACT .S.
WINDING CYPRESS TRACT A
PUD AMENDMENT
EXHIBIT "e"
AUGUST, 2009
LBOLlVAR,X: \E,',JG\NG506\ 45 Exhibits ,PUD AI,I~NDMEI, ',DO 0506"8 pcd ammend 08 09 ,01.dwg
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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 of:
ORDINANCE 2009-61
Which was adopted by the Board of County Commissioners
on the 10th day of November, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of November, 2009.
DWIGHT E. BROCK
Clerk of Courts and,'iC,1:erk
Ex-officio to BO~IfB):~.~I7!"o
County Commiss~c:fuefs7:\. ". l,
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By: Ann Jem)J~j o.~aO'a!:~'tC~' ("
Deputy ClerK', ".
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