Ordinance 2000-011 OP. OrN^SC 2000-
THE COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSIVE ZONIN(-
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBER 8641N; BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL
AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS DA VINCI ESTATES IN OLDE CYPRESS FOR A
MAXIMUM OF 61 DWELLING UNITS FOR PROPERTY
LOCATED NORTH OF IMMOKALEE ROAD (C.R. 846),
APPROXIMATELY 1.3 MILES WEST OF 1-75, LOCATED IN
SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 40.4+
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert Duane, of Hole, Montes & Associates, Inc., rePresenting H.B.
Holdings, 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 inSect~l,,
Township 48 South, Range 26 East, Collier County, Florida, is changed from "A"
·
Agriculture to "PUD" Planned Unit Development in accordance with the Da Vinci
Olde Cypress PUD Document, attached hereto as Exhibit "A" and incorporated by
herein. The Official Zoning Atlas Map Number 8641N, 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 ~'~- ~j day of ~,~12~,-a.~,q ,2000.
.. .... ,...
~ D.WlGHT:E. BRQCJC,.Clerk
· Attest..as' .- a,
,.and. begal Sfiffi¢iency
Marjor[~ M. Strident
Assistant County Attorney
BOARD OF/COUNTY COMMISSIONERS
COLLIE/R COUNTY, FLORIDA
This ordinance filed with the
_ecretary of State's Office the
· clay of ~C:~__, ,,'~--.-~-
<and acknow!edg'-':rne~t of that
filing rcceivc:d this ~. doy
g/admin/ORDINANCE/PUD-99-26/RB/ts
DA VINCI ESTATES IN OLDE CYPRESS
A
PLANNED UNIT DEVELOPMENT
Prepared by:
HOLE, MONTES AND ASSOCIATES, INC.
715 Tenth Street South
Naples, Florida 34102
January, 2000
HMA File No. 1999011
Date Reviewed by CCPC:
Date Approved by BCC:
Ordinance No. ~x~OO
Amendments & Repeals
TABLE OF CONTENTS
Page
SECTION I - Statement of Compliance .......................................................................................... 1
SECTION II - Property Ownership, Legal Description, Short Title, and
Statement of Unified Control ................................................................................... 2
SECTION III - Statement of Intent and Project Description ........................................................... 3
SECTION IV - General Development Regulations ......................................................................... 4
SECTION V - Permitted Uses and Dimensional Standards ............................................................ 7
SECTION VI - Environmental Standards ...................................................................................... 10
SECTION VII - Transportation Requirements .............................................................................. 11
SECTION VIII - Utility and Engineering Requirements ............................................................... 12
SECTION IX - Water Management Requirements ....................................................................... 14
Exhibit A - PUD Master Plan
Exhibit B - Legal Description
EXHIBITS
SECTION I
Statement of Compliance
The development of approximately 40.37 acres of property in Collier County, as a Planned Unit
Development, to be known as da Vinci Estates in Olde Cypress, will be in compliance with the
goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The
residential component of the project and recreational facilities of da Vinci Estates in Olde Cypress
will be consistent with growth policies, land development regulations, and applicable comprehensive
planning objectives of each of the elements of the Growth Management Plan for the following
reasons:
The subject property is within the Urban Mixed Use Residential Land Use Designation as
identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and 5.3 of the
Future Land Use Element.
The Urban Mixed Use Residential designation is intended to provide locations for the
development of higher densities and intensities of land use and permits a maximum density
of four (4) dwelling units per acre within this land use designation pursuant to the Density
Rating System of the Future Land Use Element of the Collier County Growth Management
Plan or sixty-one (61) single family dwelling units.
The proposed PUD rezoning of the subject property will not exceed sixty-one (61) single
family dwelling units; therefore, it may be found consistent with the Density Rating System
of the Future Land Use Element of the Collier County Growth Management Plan with a
gross density of 1.5 dwelling units per acre.
The subject property's location in relation to the existing or proposed community facilities
and services permits the development's residential density as required in Objective 2 of the
Future Land Use Element.
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.
Improvements are planned to be in compliance with applicable land development regulations
as set forth in Objective 3 of the Future Land Use Element.
The project development will result in an efficient and economical extension of community
facilities and services as required in Policies 3. I.H and L of the Future Land Use Element.
All final Development Orders for this project are subject to the Collier County Concurrency
Management System, as implemented by the Adequate Public Facilities Ordinance, Division
3.15, of the Land Development Code.
-1-
SECTION II
Property Ownership, Legal Description, Short Title and Statement of Unified Control
2.1 Property Ownership
The subject property is currently owned by H.P. Holdings.
2.2 Legal Description
The Subject Property contains 40.37 acres (see Legal Description, Exhibit B).
2.3 General Description of Property
The property is located on the north side of Immokalee Road, approximately 1.3 miles
west of 1-75 and one-half (½) mile north of Immokalee Road. The zoning of the subject
property prior to the application for PUD rezoning is "A" Agriculture.
2.4 Short Title
This ordinance shall be known and cited as the "da Vinci Estates in Olde Cypress
Planned Unit Development Ordinance."
2.5 Statement of Unified Control
This statement represents that the current property owner has lands under unified control
for the purpose of obtaining PUD zoning on the subject property. Development of this
Planned Unit Development will occur in accordance with the Planned Unit Development
regulations contained herein and any conditions approved with the rezone petition as
described and agreed to within the PUD Ordinance.
-2-
3.1
3.2
3.3
SECTION III
Statement of Intent and Project Description
Introduction
It is the intent of this Ordinance is to establish a Planned Unit Development meeting the
requirements as set forth in the Collier County Land Development Code (LDC) that will
permit sixty-one (61) single family dwelling units for the subject property. The purpose of
this document is to set forth guidelines for the future development of the project that meet
accepted planning principles and practices, and to implement the Collier County Growth
Management Plan.
Project Description.
The project is comprised of 40.37 acres located within Section 21, Township 48 South,
Range 26 East.
Access to the subject property is provided from the northeast comer of the property or in the
alternate from the southwest corner of the property. The project will provide for sixty-one
(61) single family dwelling units at a gross project density of 1.4 dwelling units per gross
acre.
Land Use Plan and Prqject Phasing
Ao
The PUD Master Plan provides for sixty-one (61) residential lots, lakes, open areas
and green spaces, and a recreational area, The Master Plan is designed to be flexible
with regard to the placement of buildings, tracts and related utilities and water
management facilities. More specific commitments will be made at the time of site
development plan and permitting approval, based on compliance with all applicable
requirements of this Ordinance, the LDC and Local, State and Federal permitting
requirements. The recreational tract may be subdivided into residential lots, subject
to compliance with the applicable dimensional requirements contained within this
document.
Bo
The anticipated time of build-out of the project is approximately five (5) years from
the time of issuance of the first building permit.
-3-
SECTION IV
General Development Regulations
The purpose of this Section is to set forth the development regulations that may be applied generally
to the development of the da Vinci Estates in Olde Cypress Planned Unit Development and PUD
Master Plan.
4.1 General
The following are general provisions applicable to the PUD Master Plan:
Ae
Regulations for development of the da Vinci Estates in Olde Cypress PUD shall be
in accordance with the contents of this document, the PUD-Planned Unit
Development District and other applicable sections and parts of the Collier County
Land Development Code (LDC) and Growth Management Plan in effect at the time
of issuance of any development order to which said regulations relate which
authorizes the construction of improvements. The developer, his successor or
assignee, agree to follow the PUD Master Plan and the regulations of this PUD as
adopted and any other conditions or modifications as may be agreed to in the
rezoning of the property. In addition, any successor in title or assignee is subject to
the commitments within this agreement.
Bo
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building permit application.
Co
All conditions imposed and all graphic material presented depicting restrictions for
the development of the da Vinci Estates in Olde Cypress PUD shall become part of
the regulations which govern the manner in which this site may be developed.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Div. 3.15 Adequate Public Facilities of
the LDC at the earliest or next to occur of either final SDP approval, final plat
approval, or building permit issuance applicable to this development.
Unless specifically waived through any variance or waiver provisions from any other
applicable regulations, the provisions of those regulations not otherwise provided for
in this PUD remain in full force and effect.
4.2 Site Clearing and Drainage
Clearing, grading, earthwork, and site drainage work shall be performed in accordance with
the Collier County LDC and the standards and commitments of this document in effect at the
time of construction plan approval.
-4-
4.3 Easements for Utilities
Easements, where required, s~all be provided for water management areas, utilities and other
purposes as may be required by Collier County. All necessary easements, dedications or
other instruments shall be granted to ensure the continued operation and maintenance of all
services and utilities. This will be in compliance with applicable regulations in effect at the
time construction plans and plat approvals are requested.
4.4 Amendments to the Ordinance
The proposed PUD Master Plan is conceptual in nature and subject to change within the
context of the development standards contained in this Ordinance. Other amendments to this
Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier
County LDC, as revised, in effect at the time the amendment is requested.
4.5 Project Plan Approval Requirements
Exhibit "A," the PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat shall be
submitted for the entire area covered by the PUD Master Plan. All division of property and
the development of the land shall be in compliance with the subdivision regulations set forth
in Section 3.2 of the LDC.
Prior to the recording of the final subdivision plat, when required by the Subdivision
Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements
shall receive the approval of ali appropriate Collier County governmental agencies to ensure
compliance with the PUD Master Plan, the County Subdivision Regulations and the platting
laws of the State of Florida.
Prior to the issuance of a building permit or other development order, the provisions of
Section 3.3, Site Development Plans shall be applied to all platted parcels, where applicable.
Should no subdivision of land occur, Section 3.3 shall be applicable to the development of
all tracts as shown on the PUD Master Plan.
4.6 Sunset and Monitoring Provisions
Da Vinci Estates in Olde Cypress PUD shall be subject to Section 2.7.3.4 of the LDC, Time
Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements.
-5-
4.7 Polling Places
4.8
4.9
4.10
4.11
Any community recreation/public building/public room or similar common facility located
within the da Vinci Estates'in Olde Cypress PUD may be used for a polling place, if
determined-necessary by the Board of County Commissioners upon recommendation of the
Supervisor of Elections, in accordance with Section 2.6.30 of the LDC.
Open Space
Open space may be in the form of landscaping, buffers, passive or active recreation areas and
water management facilities. The total aggregate of such open space areas shall meet or
exceed the open space requirements of Section 2.6.32 of the LDC, which requires a
minimum of sixty (60) percent for residential developments.
Archaeological Resources
The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological
resources in the event they are contained on the property.
Common Area Maintenance
Common area maintenance, including the maintenance of common facilities, open spaces,
and water management facilities shall be the responsibility of homeowners' association to
be established by the developer.
Native Vegetation
The subject property shall meet the requirements of Division 3.9, Vegetation Removal and
Protection. However, areas invaded by more than ninety (90) percent exotics shall not be
counted towards the Preservation area requirements.
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SECTION V
Permitted Uses and Dimensional Standards
5.1 Purpose
The purpose of this Section is to identify permitted uses and development standards for areas
within the da Vinci Estates in Olde Cypress PUD designated for residential development on
the PUD Master Plan, Exhibit "A."
5.2 Maximum Dwelling Units
Sixty-one (61) single family dwelling units are permitted within the da Vinci Estates in Olde
Cypress PUD.
5.3 General Description
The da Vinci Estates in Olde Cypress PUD includes the following uses which are depicted
on the PUD Master Plan. Minor adjustments may be made to the land use tabulations based
on permitting or final design considerations.
DESCRIPTION
ACRES
+PERCENT
Residential Tracts 17.07+
Lakes 5.92+
Lake Maintenance Easements 2.03+
Native Vegetation Buffers/Re-vegetated Areas 8.24-
Recreation/Residential .93+
Right-of-way 6.204-
TOTAL AREA
40.37+
42.07%
14.67%
5.03%
25%
2.3%
15.36%
100%
Note: Total open space (excluding recreation area) = 14.92 Acres 4. exclusive of open space
retained on individual lots.
The aPproximate acreage's of the residential tracts are depicted on the PUD Master Plan.
Actual acreage of all development areas will be provided at the time of Site Development
Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3,
and Division 3.2, respectively, of the Collier County Land Development Code. The
residential area is designed to accommodate internal roadways, open spaces, recreational
amenity areas, water management facilities, and other similar uses found in residential areas.
-7-
5.4
5.5
Permitted Uses and Structures
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
1. Principal Uses:
(a)
(b)
Single-family dwellings within areas identified for such use on the PUD
Master Plan.
Any other housing type which is comparable in nature with the foregoing use
and which the Development Services Director determines to be compatible
with the proposed residential uses.
Accessory Uses and Structures
(a) Accessory uses and structures customarily associated with principal
residential uses permitted in this district, including recreational facilities as
depicted on the PUD Master Plan which may include a clubhouse area,
swimming pools, tennis courts, and similar uses.
Development Standards
1. Dimensional standards for permitted uses:
Minimum lot area: Ten thousand (10,000) square feet
Minimum lot width: Eighty-Five (85) feet, which may be reduced
twenty (20) percent for cul-de-sac or unlinear
lots.
Minimum yard requirements:
Front yard: Twenty (20) feet.
Rear yard: Twenty-Five (25) feet.
Side yard: Ten (10) feet.
Maximum height: Thirty-Five (35) feet.
Minimum floor area: Two Thousand (2,000) square feet.
All landscaping shall be in accordance with Division 2.4, Landscaping and Buffering
of the LDC.
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3. All signage shall be in conformance with Division 2.5 of the LDC.
All parking shall be in conformance with Division 2.3, Off-Street Parking and
Loading. No parking is permitted to back out directly onto Cays Drive.
Setbacks shall be measured from the legal external boundary of the lot and are
inclusive of easements with the exception of easements that comprise a road right-of-
way.
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SECTION VI
Environmental Standards
The purpose of this Section is to set forth the environmental commitments of the Project
Developer.
6.1
Petitioner shall be subject to the Collier County Growth Management Plan Policy 12.1.3
contained in the Conservation and Coastal Management Element (discovery of an
archaeological or historical site, artifact or other indicator of preservation).
6.2
Environmental permitting shall be in accordance with the State of Florida Environmental
Resource Permit Rules and be subject to review and approval by the Current Planning
Environmental Staff. Removal of exotics alone shall not be counted as mitigation for
impacts to Collier County jurisdictional wetlands. A habitat management plan for the Big
Cypress Fox Squirrel shall be submitted to the Collier County Planning Services Staff for
review and approval at the time of the next development order submitted. Technical
assistance will be requested from the appropriate state and federal agencies reviewing the
document.
6.3
The PUD shall be consistent with the environmental sections of the Collier County Growth
Management Plan Conservation and Coastal Management Element and the Collier County
Code at the time of Final Development Order Approval.
6.4
The PUD Master Plan provides for 4-8.2 acres of native vegetation to be retained or restored.
The restored areas comprise approximately 3.6 acres and are the twenty (20) foot strips to
be recreated with upland vegetation in accordance with the requirements of Section 3.9.5.5.4
of the LDC (see attached PUD Master Plan).
-10-
SECTION VII
Transportation Requirements
The purpose of this Section is to set forth the transportation commitments of the project
development.
7.1
The developer shall provide arterial level street lighting of the project entrance. Said lighting
shall be in place prior to the issuance of any Certificate of Occupancy.
7.2
Internal access improvements shall not be subject to impact fee credits and shall be in place
before any certificates of occupancy are issued.
7.3
All traffic control devices used shall conform with the Manual on Uniform Traffic Control
Devices as required by Chapter 316.0745, Florida Statutes.
7.4
Existing legal access is depicted in the southwest comer of the property on the PUD Master
Plan and planned alternate future access is also depicted in the northeast comer of the
property.
7.5
Prior to approval of the Final Subdivision Plat for access in the northeast comer of the
property, an access agreement shall be provided to the County for permitting legal access
through the Olde Cypress PUD.
-11 -
SECTION VIII
Utility and Engineering Requirements
The purpose of this Section is to set forth the utilities and engineering commitments of the project
developer.
8.1 Utilities
Ao
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.
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
offsite sewer facilities are available to serve the project or septic tanks meeting the
requirements of Florida Statutes may be used on an interim basis.
Co
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 sewer
facilities or septic tanks meeting the requirements of Florida Statutes may be used on
an interim basis.
Do
The utility construction documents for the project's sewerage system shall be
prepared to contain the design and construction of an onsite force main, which will
ultimately connect the project to the future central sewerage facilities of Collier
County. The force main 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 becomes
available.
Eo
Prior to or at the time of submission of construction plans and the final plat for the
project, the potable water supply from the Collier County Water-Sewer District to
serve this project shall be installed adjacent to the property and be in service.
-12-
8.2 Engineering
Detailed paving, grading, site drainage and utility plans shall be submitted
to the Development Services Department for review. No construction
permits shall be issued unless detailed paving, grading, site drainage and
utility plans are submitted to the Planning Services Department and until
approval of the proposed construction, in accordance with the submitted
plans, is granted by the Planning Services Department.
Bo
Design and construction of all improvements shall be subject to compliance
with the appropriate provisions of the Collier County LDC.
Subdivision of thc site shall require platting in accordance with Section 3.2
of LDC to define the right-of-way and tracts shown on the PUD Master
Plan, if applicable.
The developer and all subsequent owners of this project shall be required to
satisfy the requirements of all County ordinances or codes in effect prior to
or concurrent with any subsequent development order relating to this site,
including but not limited to Preliminary Subdivision Plats, Site
Development Plans and any other applications that will result in the issuance
of a final development order.
-13-
SECTION IX
Water Management Requirements
The purpose of this Section is to set forth the water management commitments of the project
developer.
9.1
Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County LDC, except that excavation for water
management features shall be allowed within twenty (20) feet of the side, rear or abutting
property lines with side, rear or abutting property lines fenced.
9.2
Landscaping may be placed within the water management area in compliance with the
criteria established within Section 2.4.7.3 of the LDC.
9.3
The wet season water table elevation shall be established at the time of the South Florida
Water Management District permitting, which is required for the subject property.
9.4
The project must obtain a South Florida Water Management District Surface Water
Management permit prior to Final Subdivision Plat Approval.
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LAND U8E 8UMMARY
RESIOENTAIL TRACTS 17.07~ Ac. 42.28~
LAKES 5.g2~ Ac. 14.67~
LAKE MAINTENANCE EASEMENTS 2.03~ Ac. 5.05~
NATIVE VEGE~A~iON B. 21~ Ac. 20.34~
BUFFERS~REVEGETATED AREAS
RECREATION/RESiDENTIAL 0.g3+- Ac. 2.30~
RIGHTS-OF-WAY 6.21:1: Ac. 15.38~
TOTAL 40.37:!: Ac. 100[
NOTE: TOTAL OPEN :SPACE (EXCLUDING
RECREATION AREA) =, 16.16 Ac.=l:
EXCLUSiV/ OF OPEN ~PACE
RETAINED ON INDI~DUAL LOTS.
LEGEND
~ LAKES
OPEN SPACE /
REVEGETATED AREAS
*ACCESS IS SUBJECT TO AN ACCESS
AGREEMENT ALLOWING LEGAL
ACCESS TO OLDE CYPRESS.
H ae'~'47' [ - 132z~o'
ACCESS
I
lIF~lION/
KE~IDENTIAL
SITE
,...ki, ~.,.,r s a~'0~'45" w - 1321.44'
da Vinci Estates in Olde Cypress PUD Haster Plan
71~ 10th ~ ~, ~ Fl. ~410Z - ~ z (841) 212-4117
EXHIBIT "A"
EXHIBIT B
Legal Description
A parcel of land located in a portion of Section 21, Township 48 South, Range 26 East, Collier
County, Florida, being more particularly described as follows:
E ½ - SW ¼ - NW ¼, W ~A - SE ¼ - NW ¼, all of Section 21, Township 48 South, Range 26
East, Collier County Florida.
Notes: This property is subject to easements, reservations, or restrictions of record.
Bearings shown hereon refer to the south line of the southeast ¼ of Section 21, Township
48 South, Range 26 East as being S. 89° 09' 28" W.
Property Area: 40.37 acres, more or less.
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. 2000-11
Which was adopted by the Board of County Commissioners on
the 22nd day of February, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioner's .of Collier County, Florida, this 24th day of
February, 2000.
DWIGHT E. BROCK ...... ' ..........
Clerk of Courts and' ,Cler.k
Ex-officio to Board of ..... ..
County Commission. erS
By: Karen Schoch,' "~' . '
Deputy Clerk "