Ordinance 92-083 ORDINANCE 92-83~
AN ORDINANCE A~ENDING ORDINANCE NUMBER
91-102 THE COLLIER COUNTY LAND
DEVEIDPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA AND AMENDING THE OFFICIAL ZONING
ATLAS MAP NUMBERED 9512S BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
CYPRESS GLEN, FOR PROPERTY LOCATED ON THE
NORTH SIDE OF PINE RIDGE ROAD
APPROXIMATELY 2/3 MILE EAST OF AIRPORT
ROAD, DIRECTLY WEST OF THE COMMUNITY
SCHOOL OF NAPLES, IN SECTION 12, TOWNSHIP
49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 29.7 ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 87-18, AS AMENDED, THE FORMER
CYPRESS GLEN PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Timothy L. Hancock of Wilson, Miller, Barton &
Peek, Inc., representing Littleton E. Walker III, petitioned
the Board of County Commissioners to change the zoning
classification of the herein described real ~r__operty;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COM]~ISSIONERS OF COLLIER COUNTY, FLORIDA;
The Zoning Classification of the herein described real
property located in Section 12, Township 49 South, Range 25
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 9512S, as described in Ordinance Number 91-102,
the Collier County Land Development Code, are hereby amended
accordingly.
Ordinance Number 87-18, as amended, known as the Cypress
Glen PUD, adopted on April 27, 1987 by the Board of County
Commissioner5 of Collier County is hereby repealed in its
entirety.
C57 t246
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this 27th day of
__Q_q~_~, 1992.
ATTEST: BOARD OF COUNTY COMMISSIONERS
JAMES C. GILES, CLERK COLLIER COUNTY, FLORIDA
~ .c" . '.%'. . .
~ BY:
~ROVED
AS '~o/~
%. '.. k.": 'L.-. ,'... ~- ~z ...'
~IE M. S~DENT
~SIST~T COUNTY A~O~EY
'end '~w~edge~f ~ot
/;... of~
-2-
PLANNED UNIT DEVELOPMENT
FOR
CYPRESS GLEN
29.7+ Acres Located in Section 12,
Township 49 South, Range 25 East,
Collier County, Florida
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
3200 BAILEY LANE
NAPLES, FLORIDA 33942
DATE ISSUED:
DATE REVIEWED BY CCPC:
DATE APPROVED BY BCC:
ORDINANCE NUMBER: 87-~8
DATE OF AMENDMENTS:
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS ...................................... i
STATEMENT OF COMPLIANCE ............................... ii
SECTION I
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION ............ 1-1
SECTION II
STATEMENT OF INTENT AND PROJECT DESCRIPTION. ........ 2-1
SECTION III
RESI'DENTIAL LARD USE REGULATIONS .................... 3-1
SECTION IV
CONSERVATION OR PRESERVE AREAS ...................... 4-1
SECTION V
GENERAL DEVELOPMENT COMMITMENTS ..................... 5-1
LIST OF EXHIBITS
EXHIBIT A P.U.D. MASTER PLAN RZ-130D
STATEMENT OF COMPLIANCE
The purpose of this section i$ to express the intent of Mr. L. E.
Walker III, Trustee, 2800 Aintree Lane, Naples, Florida 33962,
hereinafter referred to as applicant or sponsor, to create a P.U.D.
on 29.7 acres of land located in Section 12, Township 49 South,
Range 25 East, Collier County, Florida. The name of this proposed
development shall hence forth be known as Cypress Glen. The
development of Cypress Glen as a Planned Unit Development will be
in compliance with the planning goals and objectives of Collier
County as set forth in the Comprehensive Plan. The residential
development with associated recreational facilities will be
consistent with the growth policies and land development
regulations of the Comprehensive Plan Land Use Element and other
applicable documents for the following reasons:
1. The subject property is within the Urban Residential Land Use
Designation as identified on the Future Land Use Map as
required in Objective 5.3 of the Futu~r.~.Land Use Element.
2. The subject property's location in relatioh t6 existing or
'proposed community facilities and services permits the
development's residential deDsity as required in Objective 2
of the Future Land Use Element.
3. The project development is compatible and complementary to
existing and future surrounding land uses as required in
Policy 5.4 of the Future Land Use Element.
4. Improvements are planned to be in compliance with applicable
land development regulations as set forth in Objective 3 of
the Future Land Use Element.
5. 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.
6. The project development is planned to incorporate natural
systems for water management as far as is practical in
accordance with their natural functions and capabilities as
may be required in regulations required by Objective 1.5 of
the Drainage Sub-Element of the Public Facilities Element.
7. The projected density of 7 d.u.'s per acre is in compliance
with the Future Land Use Element of the Growth Management
ii
" Plan based on the following relationships to required criteria:
Base density - 4 d.u.'s
Density band - 3 d.u.'s
Total - 7 d.u.'s/acre
7 d.u.'s/acre x 29.7 acres - ~
8. Interconnections are provided to the north and west as shown
on the Master Plan. Therefore, one dwelling unit per acre
will not be deducted for not interconnecting.
iii
SECTION X
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
~.Ol PURPOSZ
The purpose of this section is to set forth the location and
ownership of the property, and to describe the existing
conditions of the property proposed to be developed under the
project name of Cypress Glen PUD.
1.02 ~
The subject property is currently owned by:
L. E. Walker III, Trustee
2800 Aintree Lane
Naples, Florida 33962
~.o~ ~
'The subject property being~ ±29.? acres is described as
follows:
The east 1/2 of the southwest 1/4 of the southeast 1/4 and
the east 1/2 of the west 1/2 of the southwest 1/4 of the
southeast 1/4, Section 12, Township 49 South, Range 25 East,
Collier County, Florida, less the South 75 feet previously
conveyed to Collier County,.Florida for highway purposes.
1.04 The zoning classification of the subject property prior to
the date of this amendment was PUD
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS AND PROJECT DESCRIPTION
~ .o~ ~
It is the sponsor's intention to create a multi-family
residential project with recreational and other support
facilities. The units shall be centered around proposed
lakes, existing cypress slough, recreational facilities, and
common open spaces. The recreational facilities may consist
of swimming pools, tennis courts, a Jogging trail, and any
other additional facilities as outlined in this PUD document,
or approved by the Development Services Director.
2.02 ~
The project shall be in compliance with the Collier County
Land Development Code (LDC) as well ~ as other Collier County
development codes in effect ~&t the ~ permit~ and/or plats
'are requested.
A. ' v
~ Site Development Plan approval, when required, shall
follow the procedure as outlined in the Land Development
Code.
2.03 ~
The arrangement of land use types is shoW~ on the P.U.D.
Master Plan. Minor 'changes and variations in design and
acreages shall be permitted as final design to accommodate
topography, vegetation, and other site conditions. The
specific location and size of individual tracts and the
assignment of dwelling units thereto shall be submitted to
the Collier County Planning Services Manager for approval or
denial, as described in Section 3.03 of this document. The
final size of the recreation and open space lands will depend
on the actual requirements for water management, roadway
pattern, and dwelling unit size and configuration.
2.04 ~
The total acreage of Cypress Glen is approximately 29.7
acres. The maximum number of dwelling units to be built on
the total acreage is 208. The number of dwelling units per
gross acre is approximately 7.0. The density on individual
parcels of land throughout the project may very according to
the type of housing placed on each parcel of land but shall
comply with guidelines established in this document.
Multi-Family 208 13.29~
Lakes - 2.7
Oak Hammock - .52±
(Passive Park)
Cypress Slough - 9.88±
Recreation Areas - .28±
Road/R.O.W.
~ 208 29.67~
2.os
Clearing, grading, earthwork, vend sit~ '~rainage work shall be
performed in accordance with applicable' Collier County
'Development Codes, and the standards and commitments of this
document.
2.o~
Easements shall be provided for water management areas,
utilities and other purposes as may be needed. Said
easements and improvements shall be in compliance with the
LDC.
All necessary easements, dedications, or other instruments
shall be granted to insure the continued operation and
maintenance of all service utilities in compliance with
applicable regulations in effect a the time approvals are
requested.
2.07
As depicted on the P.U.D. Master Plan the proposed lakes
have been centrally sited adjacent to planned residential
units. The goals of this are to achieve an overall aesthetic
character for the project, to permit optimum use of the land,
and to increase the efficiency of the water management
network.
2-2
SECTION III
RESIDENTIAL LAND USE REGULATIONS
3.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the residential areas shown on the P.U.D. Master Plan.
3.02 GENERAL DESCRIPTION
Residential areas designated on the Master Plan are designed
to accommodate a full range of residential dwelling types,
recreational facilities, essential services, customary
accessory uses,.and compatible land uses.
3.03 pERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
altered, or used, or land or water used, in whole or in part,
for other than the following:
a) Permitted Principal Uses and Stru~%ures:
1) Multi-family dwellings.
2) Cjuster development, group care facilities subject to
site development plan approval.
3) Water management facilities and lakes.
4) On-site wastewater treatment facilities.
5) Manager's residence and offices for project sales and
maintenance.
b. Permitted Accessory Uses and Structures:
1) Customary accessory uses and structures.
2) Signs.
3) Recreational facilities.
4) Model units shall be permitted in conjunction with
the .promotion of the development subject to SDP
approval. The model units shall be converted to.
residences at the end of a two year period unless
otherwise specifically approved by the County.
3-1
1. a) ~L~~T_~A: one acre
b) ~~L~: 150 feet
one-half the sum of their heights.
d) ~: thirty feet (30')
e) ~: 3 habitable stories.
f) ~: 750 S.F.
g) ~:
50 feet. A buffer shall be provided in accordance
with the requirements of the Land Development Code.
2. Minimum standards for parking,':l~ndscaping, signs and
lighting shall be in accordance with appli~able County
standards and regulations in effect at the time permits
are sought.
'3. Upon commencement of a housing type for a tract of land
as either multi-family or group care facility housing
type, the development of that tract shall be maintained
in a similar density and structure type.
3-2
C57 , 257
SECTION IV
CONSERVATION/PRESERVE TRACT OR AREA
4.01 2]/2Z~
Conservation/Preservation Area - The purpose is to preserve
and protect vegetation and naturally functioning habitat.
4.02 ~
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, subject to regional state and federal
permits when required;
A. Principal Uses:
(1) Open Spaces/Nature Preserves.
(2) Lakes
(3) Board walks subject to appropriate approvals by
permitting agencies.
(4) Picnic tables and benches, nature trails.
SECTION V
GENERAL DEVELOPMENT COM~{ITMENTS
s.o~ ~
The purpose of this Section is to set forth the general
development commitments of the project.
5.02 ~
a. The design criteria and layout iljustrated on the Master
Plan shall be understood as flexible so that, the final
design may satisfy the Project and comply with all
applicable requirements. Acreages shown on the P.U.D.
Master Plan are approximate and minor changes to
accommodate final engineering plans must be approved in
accordance with Site Development Plan approval
requirements as contained in the Land Development Code.
b. All necessary easements, dedications,, or other
instruments shall be granted to insure the continued
operation and maintenance of all service utilities.
c. Minor design changes shall be permitted subject to County
staff administrative approval in accordance with the Land
Development Code.
d. Areas iljustrated as "lake" shall be constructed lake, or
upon approval, parts thereof may ~e green areas in which
as much natural foliage as practical shall be preserved.
Such areas, lakes and/or natural green areas, ~hall be of
general area and configuration as shown on the Master
Plan.
e. The petitioner or any subsequent owners shall provide for
maintenance of any common open space, drainage
facilities, lakes, recreational areas, natural areas or
any other amenities associated with the proposed
development.
f. Prior to completion of the project, all commitments in
this PUD document shall be met by the developer or his
designee. If certain commitments are to be met during
the final phase of construction, adequate provisions
shall be established to assure that all commitments are
met by the developer or his designee at the time of
completion of this project.
5-1
g. It is anticipated that this project will experience a 10
year build-out with commencement of construction in 1993.
The project shall comply with Section 2.7.3.4, Time
Limits for Approved PUD Master Plans, of the Land
Development Code.
h. The developer shall provide annual monitoring reports in
accordance' with Section 2.7.3.6 of the Land Development
Code.
i. The developer shall comply with Section 2.2.20.3.8 of the
Land Development Code, requiring an organization for
maintenance of common open spac~ and common facilities.
5.03 ~
a. In accordance with ordinance 85-55, requiring development
to contribute its proportionate share of funds to
accommodate the impact of proposed development on area
roads; the developer or its successors or assigns, agrees
to pay road impact fees in accordance with the adopted
fee schedule, at such time as building permits are
requested. ~'
The Developer further agrees to pay its fair share for
intersection improvements at the project's access point
deemed necessary by the County Engineer.
b. Access to the site and its median opening shall be
located so as not to affect the design or use of the
existing opening and left turn lane serving the Community
School of Naples.
c. The developer shall provide a westbound right turn lane
at the project entrance.
d. The developer shall provide arterial level street
lighting at the project entrance.
e. The developer shall provide up to 35 feet of right-of-way
along the north side of Pine Ridge Road for future
roadway, bike path and drainage improvements, the exact
amount to be determined and recorded prior to final
construction plans approval.
f. These required improvements are considered "site related"
as defined in Ordinance 85-55 and shall not be applied as
credit toward any impact fees required by that Ordinance.
e, C57. :260
5.04 ENVIRONMENTAL CONSIDERATIONS.
a. The petitioner shall comply with all applicable environ-
mental sections of the collier County Land Development
Code, its amendments and the Collier County Growth
Management Plan - Conservation and Coastal Management
Element at the time of final development order approval.
b. No development will be allowed in the oak hammock area.
Prior to any development of surrounding lands, the
hammock shall be flagged; flagging boundaries shall be
verified by Project Review Services environmental Staff.
c. The oak hammock area may be used only for passive
recreation, including uses such as nature trails and/or a
limited number of picnic tables/benches. Any clearing of
understory vegetation and/or placement of structures
(i.e., picnic facilities) must be reviewed and subject
to approval by Project Review Services environmental
Staff.
d. The cypress slough shall be preserved. Prior to any
development of surrounding lands, the slough shall be
flagged; flagging boundaries shall be verified by
Project Review Services environmental Staff.
e. The petitioner shall investigate design modifications
concerning berming around the cypress area to enhance
water retention, thereby enhancing the slough.
f. Best engineering principles, iHcluding the use of
culverts shall be utilized to ensure continued sheet flow
to the Cypress Slough.
g. Petitioner shall comply with all applicable sections of
Division 3.2 of the Collier County Land Development Code.
5.05 ~
1. At the present, Collier County does not provide this site
with a sewage collection facility. The PUD Master Plan
shall be revised, prior to rezone approval, by making
provisions on the site for an interim facility until the
County provides the project with this service. The
proposed sewage force main which will ultimately service
this project is anticipated to be considered by the Board
of County Commissioners for construction in August, 1992.
Completion of these facilities is anticipated within
twelve (12) months of the Board of County Commissioners
5-3
I I I
approval. Therefore, it may not be available for service
until late 1993.
2. Water distribution, sewage collection and transmission
and interim water and/or sewage treatment facilities to
serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other
applicable County rules and regulations.
3. All customers connecting to the water distribution and
sewage collection facilities to be constructed will be
customers of the County and will be billed by the County
in accordance with the County's established rates.
Should the County not be in a position to provide sewer
service to the project, the sewer customers shall be
customers of the interim utility established to serve the
project until the County's off-site sewer facilities are
available to serve the project.
4. It is anticipated that the County Utilities Division will
ultimately receive and treat the.~%wage generated by this
project. Should the Couhty system not. be..ln a position
to receive the project's wastewater at the time
development commences, the Developer, at his expense will
install and operate interim on-site sewage treatment and
disposal facilities adequate to meet all requirements of
the appropriate regulatory agencies. An agreement shall
be entered into between the County and the Developer,
binding on the Developer, his assigns or successors
regarding any interim treatment facilities to be
utilized. The agreement must be'legally sufficient to
the County, prior to the approval of construction
documents for the project and be in conformance with the
requirements of Collier County Ordinance No. 88-76, as
amended.
5. The on-site water distribution system to serve the
project must be connected to the District's 16 inch water
main on the north side of Pine Ridge Road consistent with
the main sizing requirements specified in the County's
Water Master Plan and extended throughout the project.
During design of these facilities dead end mains shall be
eliminated by looping the internal pipeline network,
except for the isolated northwest section, where a
flushing hydrant shall be provided at the terminus of the
on-site main.
5-4
6. The utility construction documents for the project's
sewerage system shall be prepared to contain the design
and construction of the on-site force main which will
ultimately connect the project to the future central
sewerage facilities of the District in the Pine Ridge
Road rights-of-way. The force main must be extended from
the south rights-of-way line of Pine Ridge Road and
capped. It must be interconnected to the pump station
with appropriately located valves to permit for simple
redirection of the project's sewage when connection to
the County's central sewer facilities become available.
7. Prior to approval of construction documents by the
County, the Developer must present verification pursuant
to Chapter 367, Florida Statutes, that the Florida Public
Service Commission has granted territorial rights to the
Developer to provide sewer service to the project until
the County can provide these services through its water
and sewer facilities.
8. The existing off-site water facilities of the District
must be evaluated for hydraulic capacity to serve this
project and reinforced as required, if necessary,
consistent with the County's Water Master Plan to insure
that the District's water system can hydraulically
provide a sufficient quantity of water to meet the
anticipated demands of the project and the District's
existing committed capacity.
5.06 WATER MANAG~ENT
1. Prior to construction plans approval, verification on the
capacity of Pine Ridge Road swale to handle the project
discharge.shall be submitted. If improvements are deemed
necessary, then the improvements shall be provided by the
petitioner.
2. A South Florida Water Management District permit shall be
obtained and a copy of the permit provided prior to final
construction plans approval. Even though the size of the
project is less than forty (40) acres, due to the impact
to the wetlands, the County will not issue the water
management permit.
5.07 ENGINEERING
a. There are approximately 24 units located on the west side
of the Cypress Slough which are totally isolated from.the
remainder of the development. A secondary route, in
addition to the access road, shall be designed through
5-5
263
the parking areas from Pine Ridge Road to the access road
where it crosses the Cypress Slough. This will provide
two routes within 400-1000 feet of the isolated units.
An emergency access connection from the internal street
to the access trail abutting the north property line
shall be maintained.
b. The developer and all subsequent landowners are hereby
placed on notice that they are required to satisfy the
requirements of all County ordinances or codes in effect
prior to or concurrent with any subsequent development
order relating t6 this site. This includes, but is not
limited to, Subdivision Master Plans, Site Development
Plans and any other application that will result in the
issuance of a final or final local development order.
Polling places shall be provided for as contained in Section
2.6.30 of the Land Development Code.
lan/9/15/92
3248
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, 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. 92-83
&s adopted by the Board of County Commissioners on Tuesday,
October 27, 1992, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Co~Assioners of Collier County, Florida, ~hAs 30th day of October,
266