Ordinance 97-13 .~d ~BO .~" AN ORDINANCE AMENDING ORDINANCE NUMBER
9 -102, THE COLLIER COUNTY
..... DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
O FLORIDA, BY AMENDING THE OFFICIAL ZONING
ATLAS MAP NUMBERED 8628 BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
HERITAGE GREENS PUD, FOR PROPERTY LOCATED :.
ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R.
846), APPROXIMATELY ONE MILE WEST OF C.R.
951, IN SECTION 28, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 251.46 ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 96-55, AS
AMENDED, THE FORMER HERITAGE GREENS .PUD;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Bruce J. Siciliano, AICP of Agnoli, Barber & Brundage,
Inc., representing Ronto Developments Naples, Inc., 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;
The Zoning Classification of the herein described real property
located in Section 28, Township 48 South, Range 26 East, Collier
County, Florida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as
Exhibit "A", which is incorporated herein and by reference made part
hereof. The Official Zoning Atlas Map Numbered 8628, as described in
Ordinance Number 91-102, the Collier County Land Development Code, is
hereby amended accordingly.
SECTION TWQ~
Ordinance Number 96-55, as amended, known as the Heritage Greens
PUD, adopted on September 4, 1996 by the Board of County Commissioners
of Collier County, is hereby repealed in its entirety.
-1-
SECTION THREE:
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 of .//~.,.~/ 1997
AT~E~.~,;"':.: ","" "~ BOARD OF COUNTY CO~ISSIONERS
: -.;%.~. ..,:...: .. ~ ¢:
LEGAL SUFFICIENCY
This ordinance fried with the
Secretor,/of Stote's Office the
~IE M. STUDENT ~ay of~, /
ASSISTANT CO~TY A~ORNEY a~ ocknowledgemen~ Of
P~-86-9 (4) ORDINANCE/18875
-2-
HERITAGE GREENS
A
PLANNED UNIT DEVELOPMENT
PREPARED FOR:
ARCHIE MEINERZ
AMENDMENT PREPARED FOR:
RONTO DEVELOPMENTS NAPLES, INC.
NOVEMBER, 1996
PREPARED BY:
AGNOLI. BARBER & BRUNDAGE. INC.
PROFESSIONAL ENGINEERS, PLANNERS & LAND SURVEYORS
7400 TAMIAMI TRAIL NORTH, SUITE 200
NAPLES, FLORIDA 33963
(813) 597-3111
DATE REVIEWED BY CCPC 9114/93
DATE APPROVED BY BCC 11-23-99
PREVIOUS ORDINANCE NUMBER 93-M
DATE AMENDMENT FILED 6/10/96
DATE AMENDMENT REVISED 9/24/96
DATE AMENDMENT REVIEWED BY CCPC 9/5/96
DATE AMENDMENT APPROVED BY BCC 9/24/96
AMENDMENT AND REPEAL ORDINANCE NUMBER 96-55
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLE ill
STATEMENT OF COMPLIANCE iv
SECTION I PROPERTY OWNERSHIP & DESCRIPTION I-I
SECTION I1 PROJECT DEVELOPMENT 2-1
SECTION 111 RESIDENTIAL AREAS PLAN 3-1
SECTION IV COMMONS AREA/GOLF COURSE 4-1
SECTION V CONSERVATION/PRESE,~VATION AREAS 5-1
SECTION VI DEVELOPMENT COMMITMENTS 6-1
SECTION VII SUNSET PROVISION AND MONITORING REPORT 7-1
05-052m6odoc
LIST OF EXHIBITS
EXHIBIT "A" PUD Master Plan
:
iii
05-052m6.doc
STATEMENT OF COMPLIANCE
The development of approximately 252 acres of property in Collier County, as a Planned Unit
Development to be known as Heritage Greens will be in compliance with the planning goals and
objectives of Collier County as set forth in the Growth Management Plan. The residential and
recreational fitcilitles or Heritage Greens will be consistent with the growth policies, land
development regulations, and applicable comprehensive planning objectives of each of the elements
of the Growth Management Plan for the following reasons:
Residential Project
O 1. The subject property is within the Urban Residential Land Use Designation as identified on
the Future Land Use Map as required in Objective I, Policy 5.1 and Policy 5.3 of the Future
Land Use Element.
2. The subject propcrty's location in relation to existing or proposed community facilities and
services permits the development's residential density as required in Objective 2 of the
Future Land Use Element.
3. The project development is compt' .blc and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
4. 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.
5. The projected density of2.10 d.u. per acre is in compliance with the Future Land Use
Element of the Growth Management Plan.
6. All final local development orders for this project are subject to ~e Collier County Adequate
Public Facilities Ordinance, and as it may be amended.
iv
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
The purpose of this Scctlon is to set forth the location and ownership of the property, and to
describe the existing conditions of the p~:~perty proposed to be developed under the project
name of Heritage Greens .
e1.2 LEGAL DESCRIIrrlON
The subjcct propcrty being approximately 252 acres, is described as:
A PARCEL OF LAND LYING IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE
SOUTH 03°05'15" EAST ALONG 'HE EASTERLY LINE OF THE NORTHEAST
QUARTER (NE I/4) OF SAID SECTION 28 FOR A DISTANCE OF 100.08 FEET TO AN
INTERSECTION WITH THE SOUTHEPJ~Y RIGHT-OF-WAY LINE OF IMMOKALEE
ROAD (C.R. 846); THENCE SOUTH 89 *1 0'00" WEST ALONG SAID SOUTHERLY
RIGHT-OF-WAY LINE FOR A DISTANCE OF 1981.39 FEET TO THE POINT OF
BEGINNING OF TIIE HEREIN DESCRIBED PARCEL OF LAND;
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 03'05'27"
EAST ALONG LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1669, PAGE
53g, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOR A DISTANCE OF
1576.33 FEET; THENCE NORTH 80'09'3{~" EAST CONTINUING ALONG SAID
LANDS FOR A DISTANCE OF 1981.29 FEET TO AN INTERSECTION WITH THE
SAID EASTERLY LINE OF THE NORTHF. AST QUARTER (NE I/4) OF SECTION 28;
THENCE SOUTH 03 °05'15" EAST ALONG SAID EASTERLY LINE AND ALONG
LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1345, PA~E 521 OF SAID
PUBLIC RECORDS FOR A DISTANCE OF 998.50 FEET TO THE SOUTHEAST
CORNER OF THE SAID NORTHEAST QUARTER (NE 1/4) OF SECTION 28;
THENCE SOUTH 03'05'44" EAST ALONG THE EASTERLY LINE OF THE
SOUTHEAST QUARTER (SE !/4) OF SAID SECTION 28 AND ALONG LANDS AS
DESCRIBED IN OFFICIAL RECORD BOOK 1151, PAGE 1634, OFFICIAL RECORD
BOOK 1335, PAGE 217, OFFICIAL RECORD BOOK 1696, PAGE 293 AND OFFICIAL
RECORD BOOK 897, PAGE 166, ALL OF SAID PUBLIC RECORDS FOR A DISTANCE
OF 2674.78 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 28;
THENCE SOUTH 89' 1 I'04" WEST ALONG THE SOUTHERLY LINE OF THE SAID
SOUTHEAST QUARTER (SE 1/4) OF SECTION 28 AND ALONG LANDS AS
DESCRIBED IN OFFICIAL RECORD BOOK 605, PAGE 323 OF SAID PUBLIC
RECORDS FOR A DISTANCE OF 2641.98 FEET TO THE SOUTHWEST CORNER OF
THE SAID SOUTHEAST QUARTER (SE !/4) OF SECTION 28;
THENCE NORTH 03°05'09" WEST ALONG THE WESTERLY LINE OF THE EAST
1-1
HALF (E ~) OF SAID SECTION 28 AND ALONG LANDS AS DESCRIBED IN
OFFICIAL RECORD BOOK 1630, PAGE 154g, OFFICIAL RECORD BOOK 1171, PAGE
1065, OFFICIAL RECORD BOOK 1232, PAGE 1690, OFFICIAL RECORD BOOK 1231~o
PAGE I002 AND OFFICIAL RECORD BOOK 1424, PAGE 694, ALL OF SAID PUBLIC
RECORDS FOR A DISTANCE OF 3342.84 FEET TO THE SOUTHEAST CORNER OF
THE EAST HALF (E ~) OF THE NORTHEAST QUARTER CNE ~) OF THE
SOUTHEAST QUARTER (SE I/4) OF THE NORTHWEST QUARTER (NW I/4) OF
SAID SECTION 2g;
THENCE SOUTH 89° 1 0'03' WEST ALONG THE SOUTHERLY LINE OF SAID
FRACTION AND ALONd SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK
1424, PAGE 694 FOR A DISTANCE OF 330.29 FEET TO AN INTERSECTION WITH
THE WESTERLY LINE OF SAID FRACTION;
THENCE NORTH 03 °04'58~ WEST ALONG SAID WESTERLY LINE AND ALONG
LANDS AS DESCRIBED IN OFFICIAL BOOK 1502, PAGE 1928 OF SAID PUBLIC
RECORDS FOR A DISTANCE OF 668.55 FEET TO AN INTERSECTION WITH THE
NORTHERLY LINE OF SAID FRACTION;
THENCE NORTH 89°09'42' EAST ALONG SAID NORTHERLY LINE AND ALONG
LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1297. PAGE 793 OF SAID
PUBLIC RECORDS FOR A DISTANCE OF 330.25 FEET TO AN INTERSECTION WITH
THE SAID WESTERLY LINE OF THE EAST HALF (E ~) OF SECTION 28;
THENCE NORTH 03 °05'09' WE:.; f ALONG SAID WESTERLY LINE AND ALONG
SAID LANDS AS DESCRIBED IN OFFICIAL BOOK 1297. PAGE 793 AND ALONG
LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1303, PAGE 1979 OF SAID
PUBLIC RECORDS FOR A DISTANCE OF 1237.10 FEET TO AN INTERSECTION
WITH THE AFORESAID SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE
ROAD (C.R. 846);
THENCE NORTH g9 ° 10'00" EAST ALONG SAID SOUTHERLY LINE FOR A
DISTANCE OF 660.04 FEET TO THE POINT OF BEGINNING;
CONTAINING 251.490 ACRES OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
13
U.S. Home Corporation. Ronto DevelopmenU Naples is a contract vehdee of the intensl of
Dove Polnte Development Corporation, and upon closing of the contract will b~ fee simple
owner.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA~
A. The project site is located in Section 28, Township 411 South, Range 26 East. The
parcel of'approximately 252 acres is located on lmmokalee Road appmximately 2
miles west to the road's intersection with Interstate 75. The site is ¢urnntly used as
farmland.
I-2
B. The zoning classification of the subject property prior to th~ date of this approvecl
PUD Document was PUD; Dove Polnte Planned Unit Development Ordlnanc~,
Collier County Ordinance 93-88
! .5 PHYSICAL DESCRIPTION
The site is located ~uth of Immokal~ Road, about 2 miles ~ of Interstate Highway 75 in
Collier County, Florida. The existing site is cultivated. Drainage canals ar~ located along
the site's perimeter. The site is relatively level. Then: are two areas of natural vegetation
with a combined area of approximately 9 acre. s.
1.6 PROJECT DESCRIPTION
Residential golf g. our~¢ community having a maximum of 530 units on 252 acn:s.
;
1.7 ?;11:[023j]]]2
This Ordinance shall be knob and cited as ~e "Heritage Greens Plann~ Unit
Development Ordinance."
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
The purpo~ of this Section is to delineate and generally &scribe the projc'ct plan or
dcvclopmcnt, gcncral relationships to applicable County ordinanccs, the respective !and uses
of thc tracts included in the project, as wcll as other project relationships.
2.2 ~
A. Rcgulati0ns for the devclopmcnt of Heritage Greens shall be in accordance with the
contents of this document, PUD-Planncd Unit Dcvclopmcnt District and other
applicable soctions and parts of the Collier County Land Development Code in effect
at the time of building permit application. Where these regulations fail to provide
developmental standards thr~', the provisions of the most similar district in the Collier
County Land Devclopmcnt Code shall apply,
B. Unless otherwise noted, the dc~nltlons ofall terms shall be ~e same as the
definitions set forth in Collier County Land Development Code in effect at ~c time
of building permit application.
C. All conditions imposed and all graphic material presented depicting reslzictions for
the dcvclopmcnt of Heritage Greens shall become part of ffit regulations which
govern the manner in which the PUD si~c may be developed.
D. Unless specifically walvccl or cxceptc, d by this PUD the provisions of the Collier
county Land Dcvclopmcnt Code where applicable shall remain in Full force and
effect with respect to the development of the land which comprises this PUD.
E. Development permlttcd b:y the approval ofthls petition will be subject to a
concurrency review under the provisions of the Adequate Public Facilities Ordinance
No. 90-24 at the earliest or next to occur of either final SDP approval, final plat
approval, or building perTnit issuance applicable to this dcvclopmcnL
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including layout of streets and use of !and for the various
tracts, is ilhjstrated graphically by Exhibit "A", PUD Master Development Plan.
There shall bc one general residential arcs, plus the necessary water management
lakes integrated into a golf course amenity, the general configuration of which is also
iljustrated by Exhibit "A".
RESIDENTIAL
TRACT ~.i" 530 93*
PRESERVATION
TRACTS "4" & "5" 9
GOLF COURSF__JLAKES 150* *
-SUBTOTAL TRACT "2" (128)
-SUBTOTAL TRACT "3" { 22)
GRAND TOTAL 252
· Internal subdivision mads/right-~f-way estimated at 20 acres.
· * Does not include any open ~pacc or recreational ~rcas that may be located
within other ]and use areas.
Approximate golfcourse ac, rcagc is 108 and approximate lake acreage is 42.
Table 1 is a schedule of the intended land uses, wiffi approximate acreage of the total
project indicated. The arrangement of'these land areas arc shown on the P.U.D.
Master Development Plan (Exhibit "A"). The Master Development Plan is an
iljustrative preliminary development plan. Design criteria and layout is iljustrated on
the Master Dcvcloprncnt Plan and other cxhlbits supporting ~is Project shall be
understood to hc flexible so the ~rml design my ~atisry dcvclopmcut objectlvcs and
bc consistent with the Project Development, as act forth in this documcnL Minor
changes and variations in design and acreage shall be permitted at Prciimlnary
Subdivision Plat (PSP) or Site Development Plan (SDP) approval to accommodate
topography, vegetation, and other site conditions.
The final size of the recreation and open space lands will depend on the actual
requirements for water management, roadway patterns, and development parcel size
and configuration. Essential sen'ices arc considered as an acceptable permitted use
on all land use categories within the project.
B. Areas i[lus',ntted as lakes by Exhibit "A" shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, interrnlttent wet and dry
depressions for water retention purposes. Such n.,-,.as, lakes and intermittent wet and
dry areas shall be in the same general configuration and contain the s~ne general
acreage as shown by Exhibit "A". Minor modif~cation to all tracts, lakes or other
boundary may be permitted at the time of Preliminary Subdivision Plat (PSP) or Site
Development Plan (SDP) approval, subject to the provisions of Sections 3.2.6 and
2.7.3.5 re.~pectivcly, of the Collier County Land Development Code or as otherwise
permitzeal by this PUD document.
C. The internal roadway system may be either private or may be dedicated to the
County consistent with Preliminary Subdivision Plat requirements.
D. In additign to the v~rious z~.as and specific items shown in Exhibit "A", such
casemenSs as necessary (utility, private, semi-public, etc.) shall be esub!ished within
or along the various Tracts as may be necessary.
2.4 ]~.~..0..~LO~~ OR INTENSITY OF LAND USE
A maximum of 530 residential dwelling units, single and multi-family, shall be constructed
in the total project area.
The gross project area is 252 acres. The gross project density, therefore, will be a maximum
or'2.10 units per acre. The density d~roughout the parcel may vary according to the type of
housing placed on each pareel of land.
2.5 BELATED PROJECT PLAN APPROVAL R. EOUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condomlnium Plat for all or part of
the PUD, final plans of all requirerJ improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with the PUD
Master Plan, the County 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
the Subdivision Regulations, and the plalzing laws of the State of FIorlcLt
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 approvcd for residential development
contemplating roe simple owncrshlp or land for each dwelling unit shall be required
to submit and receive approval of a Preliminary Subdivision Plat in conformemce
with the requirements of Division 3.2 of the Collier County Land Development Code
prior to the submittal orconstruction plans and plat for any portion orthc tract or
parcel.
E. Appropriate instruments will bc provlcled at the time of inrntstructure improvements
regarding any dedications and method for providing perpetual maintenance of
common facilities.
F. The golf course shall bc platted in accordance with the Preliminary Subdivision Pl~t
requirements. Once the golf course and related tracts are platted, a Site Development
Plan, w~n requi:ed for those related tracts, shall bc submitted in accordance with
Division 3.3 or thc Collier County Land Development Code.
2.6 ]Sd.QD. EL.~OMES AND SALES FACILITIES
Model homes/model home centers including sales centers shall be permitted in accordance
wlth the rcquiremcnts of Sectlon 2.6.33.4 Model Homes and Model Sales Centers of the
Collier County Land Development Code.
2.7 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.
2.8 ASSOCIATION OF PROPERTY 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 or property within said development in which the common interesl is located, the
developer entity shall provldc appropriate legal instruments for the establishment of a
Property Owners Association or other appropriate entity whose function s~ll include
provisions for the perpetual care and maintenance oral[ common facilitlcs and open space
subject further to the provisions of the Collier County Land Development Code Section
2.2.20.3.8.
SECTION HI
LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN
The purpose of this Scctlon is to identity specific development standards for areas dcslgnatr, d on
Exhibit "A", Tract "I" as Residential Areas.
3.2 MAXIMUM_DWELLING UNITS
For the purpot~'~ ofthis section low to medium density residential is defined as a residential
development consisting of less than 10 dwelling units per acre on areas allocated for
purpose. There ~;hall bca maximum of S30 residential unlts developed within Tract "1".
;
3.3
Residential treu designated on the~ ,:aster plan m to accommodate a full range of residential
dwelling units, r~creational $acilitics, csse, ntlal ~crviccs, customary accessory uses, and
compatible land uses. Multi-family shall not b¢ mixed with single farnily. PHncipal uses shall
not bc developed between dissimilar i~rmitted uses types, specifically, no multi-family typ~
shall bc located between single family detached family slructures, It is intended, however,
that multi-family dwellings shall not bo constructr, d in a singular or isolated nunncr in between
singlc family homes. Multi-faxnily dwellings shall bc si."~-_.ted in ~ cjusters of multi-
family units. At the contiguous lot line between single family ticetched and multlplc family
hou3ing units a landscape buffer (on the multiple family tract) of at least) riftten (15) fcct shall
bc providc-d.
No building or s-trucmre, or part thereof, shall bc a'a:Xed, altered or used, or land used, in whole
or in part, for othcr than the following:
A. Principal Uses:
(I) Single family detached dwelling units
(2) . Duplex, townhouses, villas, garden apartmcn~ ~ lot line single family
dwellings, multi-family and any form of attachment consistent with the general
massing restrictions set forth hcrein this document.
(3) Any combination ofthe above uses within a unified owncrshlp plan.
(4) Wat,:r management facilith:s and lakes.
(5) Agriculture uses including related accessory uses and structures arc considered
acccputble permitted uses until residential building perrolls arc issued in
compl lance with this document.
(6) Designated golf course crossings.
B, Accessory Uses:
· ( I ) Customary accessory uses nnd structures, including private ganges. and private
swimming pools, and screen enclosures.
(:2) Recrcntlonal uses and facilities such as swimming pools, t~nnis courts, childrcn's
playground areas, ctc. Such uses shall be visually and functionally compatible
with the adjacent rcsidcnces which have the use or such facilities.
(3) Guardhouse/Gatchouse.
3.4 DEVELOPMENT STANDARDS
A. ~: A!i yards, set-backs, etc. shall b~ in relation to the individual parcel or
lot bounqaries.
;
B. MrNIMUM LOT AREA: 7,000 ~quarc feet.
3,200 square feet for golf co: sc or lake front lots developed as s~ngle family Jtt~chcd,
townhouse and rowhouse residential dwcJiing unit t~pcs.
C. MINIMUM LOT WIDTH:
(l) Comer Lots - 70 feet
(2) Int=~or Lots - 55 feet
(3) Cul-de-s~c Lots - 40 feet (chord)
For single family attached, townhouse and rowhouse residential dwelling unit types:
(1) Coroer Lots - 40 feet
(2) Interior Lots - 25 fcct
(3) Cul-dc-sac Lots - 20 feet (chord)
D. MINIMUM YAR!~:
( i ) Front Yard - 20 feet
(2) Side Yard - 5 feet single family
5 fcct duplex
! 0feet coach homes ~
(3) Rear Yard - 20 feet
(4) Golf Course, Lakes
or Preserve Areas - 20 feet
(5) From a dissimilar
permitted use type - 15 feet between single family and
mulfi-famil~
3-2
(6) Side Yard may be reduced to 0 feet, for zero lot line single family units, irthc 5
fcct is added to the remaining side yard.
(7) Except as specified above, the distance between any two structures on the same
parcel shall be filecon (15) feet or a disunce equal to onc-halrthe sum ofthelr
heights, whichever is greater.
(8) Side Yard may be reduced to 0 fcct for single family attached, townhouse and
rowhouse residential dwelling unit types.
(9) For con~h homes; one story-gnregetnury'have'a~ve (5)*f~. sideyard .setbm:k.
E. M]NIMUM FL~R AREA:
I
(1) 7.50 ~uarc fcct per unit.
F. OFF-STREET PARKING AND LOADING REQUIREMENTS:
(!) Single family attached, townhouse and rowhouse dwelling unit types which
provide direct street access to each indivldua! unit shall be subject to the same
provisions as single-family and two-family residential dwellings including the
ability to back onto a strecL
(2) The requirements for all other development types shall be as required by ColHer
County Land Development Code.
G. MAXI~ HEIGHT:
(I) PHncipal and Accessory Structures - 35 feet above the minimum base flood
elevation or 18" above the crown of road, whichever is highest.
H. COMMON ARCHfTECTURAL THEME REQUIREMENTS:
(I) The architectural style of the dwelling units/structures shall be compatible in
design and complementary in the use of materials and color.
(2) The residential project shall have a signature entranceway. The entranceway
design and improvement elements shall include some or all of the following: the
use of landscape materials, gated structure, water features, sculpture and
ornamental pavement surfaces.
(3) Street materials, slpage, lighting shall be complementary throughout the
projcct's accessways.
(4) Street trecs shall be required at the time ofindividual dwelling unit building
permit or FSDP approval, as appropriate.
3°3
SECTION IV
COMMONS AREA/GOLF COURSE AREAS PLAN ,
The purpose of this Section is to set forth the development plan and development standards for
the area(s) designed as Commons Area/Golf Courae on the PUD Master Development Plan,
Exhibit "A", Tracts "2" and "3". The primary function and purpose of there Tracts will be to
provide aesthetically pleasing open areas, golf course and rccreatlonal facilities, except in areas
to be used for water impoundment and principal or accessory use areas.
4.2
No building or .rtructurc, or pan thereof, shall be erected, altered or used, or land used, in whole
or in pan, for other than the following:
A. Principal Uses:
(I) GolfCourses.
(2) Olin Spaces/Nature Preserve (Conservation Area).
(3) Pedestrian and bicycle paths or other similar facilities constructed for purposes
of access to or passage thwugh common arras.
(4) Small docks, piers or other such facilities constructed for purposes of lake
recreation for residents of ~e pwjecL
(5) Shuffleboard courts, tennis courts, swimming pools, and other t'ypcs of facilities
intended for outdoor recreation.
(6) Lakes.
(7) Agriculture uses including relat=d accessory uses and structures are considered
· acceptable permitted uses until residential building permits are issued in
compliance with ~is documenL
B. Accessory Uses:
e Accessory, incidcnta[ and subordinate commercial acdvltles such as but not limited to
those provided herein shall clearly bc ofsuch scope, sizc and proposed intensity that
they arc sustainable only by ~e mcmbcrshlp of the golf course and clubhouse.
(1) Clubhouse, practice driving range and other customary accessory uses of golf
courses including pro-shop, golf equipment, snack bar and similar uses intended
to exclusively serve patrons of the golf course or other pertained recreational
facilities.
" (2) Small docks, cnclosures or other structures constructed for purposes of
3-3
maintenance, storage, recreation or shelter with appropriate screening and
landscaping.
(3) ShutTleboard courts, tennis courts, swimming pools and other types of similar
recreational facilities.
(4) Signage as permitted by Lhc Collier County Land Development Code, Division
(5) A maximum of two (:2) r~idcntia| units in conjunction wlt~ the operation or the
golfcourse as determined to be compatible by Collier County Project Rcvicw
Scrvlccs, provided that Lh¢ maximum number of dwelling units for the entire
project does not exceed 530 residential units.
(6) ~cccssory uses and structures customarily associated with principal uses.
;
4.3 DEVELOPMENT REGULATIONS
A. Overall site design shall be harmonious in terms of landscaping, enclosure ofstructures,
location of access streets and parking areas and location and treatment ofbuffer areas.
B. Buildings shall be setback a minimum offif~ (50) feet abutting residential districts and
a landscaped and maintained buffer shall be provided.
C. Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare or other interference.
D. A site development plan meeting all of the Development Rcgulations shall be required
in accordance with Section 2.5 of this PUD document.
E, Maxlmun~ HoiSt of StructureS
(I) Principal and Accessory Structures - 45 feel
F. Minlnll~n Off-Street Parking and Loading
As required by Division 2.3 of the Collier County Land Development Code in effect at
time of building permit application.
3-3
SECTION V
CONSERVATION/PRESERVE AREA
5.1 ~
Conservation/Pr~:strve Area - The purpose is to preserve and protect vegetation and naturally
functioning habi~,t such as wetlands in th~tir natural state.
No building or structure or part thereof. shall be er~ted altered or used, or land used, in whole
or in part, for other Shah the following, subject to regional, state, and federal permits when
required; ,
A. Principal Uses:
(!) Open Spaces/Natur~ Preserves.
(2) Lakes
. (3) Small docks, piers or other such facilities conmcw. d for purposes of lake
recreation for residents of the project, subjecl to appropriate approvals by
permluing agencies.
(4) Board walks subject to appropriate approvals by permluing agencies.
(5) Paths and bridges to provide access from the uplands.
B. Accessory Uses:
(I) Accessory uses and structures customarily associated with the principal uses.
(:2) Section V r~lated Conservation Preserve Ar~a signage as permiued in the
Collier Counxy Land Development Code.
C. Environmental Review:
Any and all building, site alteration or other activity within the preserve area is subject
to review by the Development Review Services Division of Col l ier County.
SECTION VI
DEVELOPMENT COMMITMENTS
The purpose o~r this Section is to set forth ~c development commitments for the devdoprnent of
the project.
6.2 ~
All facilities shall be constructed in strict accordance with Final Site Development Plans, Final
Subdivision Plans and all applicable Slate and local laws, codes, and regulations applicable to
· is PUD. Except where specifically noted or stated otherwise, the standards and specifications
of the Collier Cc~unty Land Development Code of 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 deveJoper, his successor or as~!gnt.~ shall agree to follow ~e 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 the developer will agree to convey to any
successor or as.~ignee in title any commitments within ~is aFemenL
6.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan iljustrates ~e proposed ckvelopment and is conceptual in
nature. Prol~osed tract, lot or land use boundaries or special land use boundaries shall
not be construed to be final and may be varied at any subsequent approval phase such as
final platting or site development plan application; subject to the provisions of Section
2.7.3.5 of the Collier County Land Development Code and as it may be amended from
time to time.
B. All necessary easements, dedications, or offier inslrdments shall be granted to insure the
continued operation and maintenance of all service utilities and all common areas in the
project.
6.4 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS AND DEVELOPMENT
EXEMPTIONS FROM STANDARD SUBDIVISION PRACTICEfR. EGULATIONS
A. LDC Subsection 3.2.8.3.17: Sidewalk~ shall be provided on one side of all streets and
on cul-cle-sacs longer than 300 feel Sidewalks may vary outside ~e fight-of-way
provided a sidewalk easement is created over the sidewalk.
B. LDC Subsection 3.2.8.3. ! 9: ]'he standard ~at street name markers shall be approved by
the County Engineer and conformance with U.S.D.O.T.F.H.W.A.M.U,T,C.D, is waived.
Street pavement painting, striping and reflective edging of main road system will be
waived. TraFfc circulation signage shall bc in conromance with
U.S.D.O.T.F.H.'~/.A.M.U.T.C.D. standards.
C. LDC Subsection 3.2.8.4. I 0: The standard that PRM's be installed in a typical water
valve cover shall be waived subject to monumentatlon being installed in accordance
with Chapter 177, Florida Statutes.
D. LDC Subsection 3.2.8.4.16.6: The 1,000 ft. maximum dead-end siroct length standard
shall be waived.
E. LDC Subsection 3.2.8.4.16.8: The minimum back of curb radii for internal roads shall
be 30 ft. with the exception of both entrance road intersections shall be 40 ft.
F. LDC Subsection 3.2.8.4.16.9: The minimum 100 fL tangent standard at intersections
may be r~:duccd subject to a certified traffic study based upon design speed, site distance
and adequate recover-/zone. This rcqulrcmcnt shall not be waived at both project
access points.
G. LDC Subsection 3.2.8.4.16.10: The minimum I00 ft. tangent standard between reverse
curves may be reduced subject to a certified traffic study based on design speed and
adequate recovery zone.
H. LDC Subs~cdon 3.2.8.4.2 1: The stsncla~d for blank utility cssin~s shall be waived.
6.5 TRANSPORTATION
A. The projeces entrance improvements, including turn lane~ and ~mcdenttion and
dccclcration'lancs, have been constructed and approvcd for acccp.tancc by Collier
County. Such improvements satls~y requirements relating to "site rchtecl" transportation
improvements for the HoStage Greens projccL
B. The Dcvclopor, his heirs, successors or assigns shall provldc arterial level street lighting
and a fair share contribution toward the capital cost of a traffic signal at the project
entrance on Immok~lcc Road when deemed win'ranted by the Collier County
Transportation DcpmlmcnL The signal will be owned, operated and maintalncd by
Collier County. These [mprovcmcnts arc considered "site related" and shall not be
applied ~s credits towm'd required impact fees.
C. The developer shall provide fift7 (50) fcct of Hght-of-w.y .long the ~outh sldc of
lmmolcalcc Road. Right-of-~y donations may be credited toward road impmet fccs in
accordance with the proccdur"l rcqulrement$ of Ordinm~ce 92-22, whlch require th=t a
two party agreement between the dcvclopor and Collier County be executed. Such
credits shall bc valued M the fair mm'ket value of the !m~d mt the time prlorto the
approv.l or thls PUD Amendment PUD-86-9 (3) [submitted June, 1996]. Dcdicatlon of
the land to Collier County shall be in conjunction with final subdivision plat approval or
within 180 days of any request to ~c developer from the County.
D. When Immokalce Road is four-laned, access to this project shall be in accordance with
the then current County Access Management Policy. Nothing in thls paragraph shall
operate to vest any right of acces.~ or fight of medlan opening in this project.
Additionally, under the multi-lane condition, the County reserves the fight of median
control to include right-in/fight-out controls based on safety considerations.
6.6
A. Detailed site drainage plans, including golf course grading plans shall be submitted to
the Community Development Services Department for review, No conslzuction
permiu shall be issued unless and until approval of the proposed construction in
accordance with the submitted p{ans is granted by Community Development Services
Dcpa,,tmcnt
B. An Exca~/ation Permit will be required for the proposed lakes in accordance with the
Co{licr ,County Land Development Code Division 3.5 and will be constructr. d in
accordance with South Florida Water Management D{stfict regulations.
C. PHor to final construction plan approval, developer shall provide a copy of the South
Florida Water Management [" m'ict permit or early work permit.
D. Lakes shall mcct the setback requiremenLo. ofthe Collier County Land Development
Code, Division 3.5 as amended. A 20 ft. maintenance easement shall be provided
around the pefimcter of all lakes and a 20 f~. access easement from an appropriate
private or public road.
E. Provisions shall be made along the East~ly Perimeter of the project as needed to
incorporate the off-site drainage ditch top widths/maintenance ~ravel way
recommendations of the Harvey Basin Master Plan which is currently in preparation
for submittal to and appwval by the Board of County Commissioners. The interior
waler management system shall be designed to incorporate the Harvey Basin Master
Drainage Plan concepts, where feasible.
6.7
A. Water & Sewer
1, /,11 construction plans and teclmlcal specifications related to connections to the
County's off-site water and/or sewer facilities will be submitled W the Utilities
Division for review and approval prior to commencement ofconstruction,
O 2, Connection to the existing wz,~,r and sewer facilities within Immokalee Road
fight-of-way is required and must be completely iljustrated on the final
construction plans as to location, configuration and size.
3. The water main within Morning Sun Lane shall be extended to the fu'tu~ Lop
Boulevard fight-of-way line along Morning Sun Avenue and pwperly
terminated for rumre connection.
4. Water distribution, sewage collection and transmission and interim water and/or
sewage t~catmcnt facilities to serve the project arc to be designed, constructed,
conveyed, owned and maintained in accordance with Collier Count), Ordinance
No. 88-76, as amended, and applicable County rules and regulations.
6.8 t~NVIRONMENTALCONSIDERATIONS
A. A site clearing plan shall bc submitted to Community Development Scrvlces
l::h:pa. rtment for their review and approval prior to any substantial wod< on the site.
This plan may bc submlttcd in phases to coincide with the development schedule. The
site clearing plan shall clearly depict how the final site layout incorporates retained
native v~getation to the maximum extent possible and how roads, buildings, lakes,
parking lots, and other facilities have been oriented to accommodate this goal.
B. Utilization ofnativc spcclcs is encouraged in the site landscaping design. A landscaplnl
plan will be submltzcd to Community Development Services Department for their
review and approval, prior to, the issuance of building permits. This plan will depict the
incorporation of natlvc species and their mix with other species, if any.
C. All exotic plants, as defined in the County Code, shall be removed during each phase of
construction from development areas, open space areas, and prose,rye areas. Following
site development a maintenance program shall be implemented to prevent rcinvasion of
the site by such exotic species. This plan, which will describe control techniques and
inspection intervals, shall be filed with and approved by Community Development
Services Department
D. I f, during the course of site clearing, excavation, or other constructional Ldivitica and
archaeological or historical site, artifax:t, or other indicator is discovered, all
development at that location shall be immcdlately stopped and Community
Development Services Department notified. Development will be suspended for a
sufficient length of time to enable Community Development Services Depaxtrncnt to
assess the find and dcterrnlnc '.he proper course of action in regard to its salvageability.
Community Development Services ~:partment will respond to any such notification in
a timely and efficient manner so as to provide only a minimal interruption to any
constructionaI activities.
E. The applicant shall supply all wildlife surveys and information rcqulrcd by the Florida
Gaxnc and Fresh Water Fish Commission (FGFWFC) prior to submission of the final
construction plan/plat.
F. The cypress dome wetland and the hyddc pine flatwoods totaling nine (9) acres, shall be
surveyed prior to final construction plan/plat approval and shall be designated and
preserved as conservation easements or tracts on the plat document with protective
covenants pursuant to Section 704.06, Florida Statutes.
6.9 ~
Accessory structures shall be constructed simultaneously with or following the construction of
the principal structure cxcepe for a construction site office and model units,
6.10 PARKrNG. LIGHTING. LANDSCAPING AND SIGNAGE
A. Landscaped buffers along Logan Boulevard extension and |mmokalce Road, when not
adjacent to the golf coup, and along the entry road(eastern project boundary) will be
consistent with gotr course design and the foBowlng development standards:
(i) one shade trcc per 25 linear feet of butTer wiffi a maximum spacing of 30 fccL
(2) a continuous hedge or vegetative visual buffer, three fcct at planting and
developing a hclght or6 rcct within two years.
B. Except as noted above and within this document, standards for parking, lighting,
landscaping, and signage shall be in conformance with the Collier County Land
Devclopmr. nt COde.
6.11 ~S
Pursuant to Section 2.6.30 of the Collier County l. JLnd I:k--vclopment Code as mende, d,
provision shall be made for the future rise of buildlng space within common areas for the
purposes of accommodating the function of an electoral polling place.
An agreement recorded in the official records of the Clerk of the Circuit Court of Collier
County, which shall'be binding upon any and all succossors in interest that acquire ownership of
such commons arcns including, but not Jimjtcd to, condominium associations, homeowner
associations, or tonemrs associations. This agreement shall provide for aid community
rccrcation/public building/public room or similar common facility to be used for a polling place
if determined to be necessary by the Supentisor of Elections.
6.12 SPECIAL CONDITIONS
A. Provision for off-site removal ofearthen material:
The excavation of earthen material and its stock piling in preparation of water
management facilities or to otherwise develop water bodic$ is harcby pcrrnlUed. If'after
consideration of fill activities on ~osc buildable portion~ of the project site uc ~uch that
there is a surplus of earthen material then its off-site disposal is also hereby permitted
subject to ~e following conditions.
i. Excavation activities shall comply with the definition of a "development
excavation" pursuant to the Collier County Land Development Code. Off-site
removal of fi I] material shall be limited to ]0% of total calculated excavated
o. (>-5
volume to a maximum of 20,000 cubic yards. All appropriate road impact fees
must be paid prior to isst~ncc orsaid excavation permit if'material is proposed
for removal.
2. All other provisions of the Coliicr County Land Development Code arc
applicable.
SECFION VII
SUNSET PROVISION AND MONITORING REPORT
7. I LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAl,
The HcHtagc Greens PUD shall bc subject to thc rcquircrncnt of Scction 2.7.3.4 ~ for
approvcd PUD Master Plan.
7.2 MONITORING REPORT
An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Co!licr
County Land Development Codc.
7oi
POTENTIAL PROJECT
PRE~ ~ ~
~AC T '5 '
~acr~'~o -
C~
~ACT '1' RESIDEN~AL AREA
.. ~
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. 97-13
Which was adopted by the Board of County Commissioners on the 25th day
of February, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 26th day of February,
cler~ of co~rt~ ana ,df~" '~' "~.'.[.
Ex-officio to Board 'of ~,. ,..:',-."'-' .?: '~'~.~
County Commisstone~ '~ ~:' ":....i'i~ "=' ;:. '. ~i',~.'