Ordinance 2000-083ORDINANCE NO. 2000- 8 3
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
THE COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBERED 0622N; BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL
AGRICULTURAL TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS EDISON VILLAGE, LOCATED
AT THE NORTHWEST QUADRANT OF THE INTERSECTION
OF COLLIER BOULEVARD (C.R. 951) AND LELY
CULTURAL BOULEVARD, IN SECTION 22, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 7.44+ ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Bruce Anderson, Esquire, of Young, van Assenderp, Varnadoe and
Anderson and Greg Stuart, AICP, of Stuart & Associates, representing Greg Eagle, Trustee,
petitioned the Board of County Commissioners to change the zoning classification of tile herein
described real property.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissi~ers
11iC ty FI rid
Go er oun , o a, that:
SECTION ONE: ,~': ~ :'.>-~
The zoning classification of the herein described real property located nn ~ecuon 22,
Township 50 South, Range 26 East, Collier County, Florida, is changed from "A" Rural
Agricultural to "PUD" Planned Unit Development in accordance with the Edison Village PUD
Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official
Zoning Atlas Map Numbered 0622N, as described in Ordinance Number 91-102, the Collier
County Land Development Code, is hereby amended accordingly.
-3_-
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 //~ day of ~ ,2000.
Approved as to Form
and Legal Sufficiency
Marjori~JM. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES
This ordinance filed with the
Se~_ retory of Stpte's Offi,,c~t~he
/--~/~oV of,~[t~[t"e"~'"
and acknowledgement of that
filinaJeceived this
g/admin/PUD-2000~l 5/SM/im
-2-
Exhibit A
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
The Edison Village PUD
An Office and In-fill Commercial Development
Prepared by:
Stuart and Associates
2180 West First Street, Suite 503
Fort Myers, Florida 33901
Date Reviewed by CCPC:
Date Approved by BCC:
Ordinance Number:
PUD-2000-15
TABLE OF CONTENTS
STATEMENT OF COMPLIANCE
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
Property Ownership & Description
Project Development
Commercial District
Conservation Open Space Reserve District
General Development Commitments
PAGE
3
5
7
11
15
17
LIST OF EXHIBITS
EXHIBIT "a"
EXHIBIT "B"
PUD Ordinance
Master Concept Plan
STATEMENT OF COMPLIANCE
The development of 7.44+ acres of property in Section 22, Township 50 South, Range
26 East, Collier County, as a Planned Unit Development to be known as The Edison
Village PUD will be in compliance with the planning goals and objectives of Collier County
as set forth in the Collier County Growth Management Plan. The commercial and
conservation reserve tract of the Edison Village PUD will be consistent with the growth
policies, land development regulations, and applicable comprehensive planning objectives
for the following reasons:
The subject property is located at the northwest quadrant of the intersection
of CR 951 and Lely Cultural Boulevard, and is classified as Urban
Residential Subdistrict on the Collier County Growth Management Plan
Future Land Use Map. The Urban Residential Subdistrict permits Office and
In-fill Commercial uses and activities. The Edison Village PUD calls for
54,000 square feet of office and in-fill commercial uses.
Low intensity in-fill commercial and office development is suitable for small
parcels located at arterial road intersections where residential development is
not appropriate. The project's 5.66 acres of office and commercial
development is entirely consistent with Policy A.6, Office and In-fill
Commercial Subdistrict of the Future Land Use Element of the Growth
Management Plan and location standards.
The project does not utilize direct ingress and egress connections onto C.R.
951. The project coordinates on-site and off-site traffic movements by
providing a road interconnection for pedestrians, bicycles and motor vehicles
to the north adjoining Activity Center.
The project development promotes sound planning and ensures land use
compatibility as required by Objective 5 of the Future Land Use Element.
The project development is compatible with and complementary to existing
and future surrounding commercial land uses to the north and east, to
existing public community educational facilities to the west and to the future
mixed-use DRI lands to the south.
The subject property's CR 951 and Lely Cultural Parkway intersection
location, in relation to abutting the Sierra Meadows PUD Activity Center,
permits the development's transitional mix of commercial office and retail
uses. The project complies with the A.6 Offme and Infill Commercial
Subdistrict of the Collier County Growth Management Plan Future Land Use
Element.
All final development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code as
set forth in Policy 2.3 of the Future Land Use Element. The project will be
served by a full range of services and utilities provided by the County and will
3
o
result in an efficient and economical expansion of facilities as required by
Policy 3.1H of the Future Land Use Element.
The project shall be in compliance with all applicable County regulations
including the Growth Management Plan,
The Edison Village PUD is planned to incorporate open spaces, wetlands
and natural systems for water management in accordance with their natural
functions and capabilities consistent with Objective 1.5 of the Drainage Sub-
Element of the Public Facilities Element and Goals One, Two and Six of the
Recreation and Open Space Element.
4
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1
1.2
'1.3
1.4
1.5
PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the name of The Edison Village PUD
LEGAL DESCRIPTION
^ parcel of land located in Section 22, Township 50 South, Range 26 East, Collier
County, Florida, being more particularly described as follows:
THE NORTHEAST QUARTER (NE 1/,0 OF THE SOUTHEAST QUARTER (SE
i/,,) OF THE NORTHEAST QUARTER (NE 1/,,) OF SECTION 22, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS STATE
ROAD RIGHT-OF-WAY OF STATE ROAD 951.
Subject to easements, reservations or restrictions of record.
PROPERTY OWNERSHIP
The subject property is currently owned by Greg Eagle, Trustee.
GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located at the northwest quadrant of the intersection
of CR 951 and Lely Cultural Parkway of unincorporated Collier County, Florida. The
subject property is located next to Urban Mixed Use Activity Center # 7 as
designated on the Future Land Use Map of the Growth Management Plan.
B. The property is currently vacant. The entire site currently has Agriculture
zoning with a vacated Church Special Exception.
PROJECT DESCRIPTION
The 7.44-acre Edison Village PUD will include a mixture of office and retail
commercial uses and a conservation reserve tract. The office and in-fill commercial
project will consist of a maximum 54,000 square feet of gross commercial floor
area. The project will be comprised of a 5.66 acre Commercial Area (Tract A) and a
1.7-acre Conservation Open Space Reserve (Tract B). The Master Plan identifies a
5.66 acre subparcel Commercial Area (Tract A-l) that coincides with the
intersection of Lely Cultural Parkway and CR 951. This parcel excludes Fast Food
Restaurant and Gas Station Convenience Store uses. The final size and
5
1,6
configuration of the Commercial Area and Conservation Reserve tracts will be
determined during final the Site Development Plan approval process (the final size
shall deviate no more than five percent of the total PUD acreage designated for the
Commercial and Reserve Tract Areas). Access to the site is to be provided from
Lely Cultural Parkway and an adjoining interconnection to the Sierra Meadows
PUD. The Edison Village PUD Access Management Plan is depicted within Exhibit
"B", PUD Master Plan. The Edison Village PUD intends to establish commercial
development guidelines and standards to ensure a high and consistent level of
quality for the proposed features and facilities. Uniform guidelines and standards
will be created for landscaping, lighting, fences and buffers. The Master Plan is
iljustrated graphically on Exhibit "B", PUD Master Plan. Commercial tract land uses
are identified within the Master Plan.
SHORT TITLE
This Ordinance shall be known and cited as the "Edison Village Planned Unit
Development Ordinance."
SECTION II
PROJECT DEVELOPMENT
2.1
2.2
2.3
PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land
uses of the tracts included in the project, as well as other project relationships.
GENERAL
A. Regulations for development of The Edison Village PUD shall be in
accordance with the contents of this document, PUD-Planned Unit Development
District, applicable sections and parts of the Collier County Land Development Code
in effect at the time of Site Development Plan or Plat approval, as applicable and as
provided in the Land Development Code and Collier County Growth Management
Plan in effect at the time of local final development order or building permit
application. Where these regulations fail to provide developmental standards, then
the provisions of the most similar district in the Collier County Land Development
Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
date of adoption of this PUD.
C. All conditions imposed and graphic material presented depicting restrictions
for the development of The Edison Village PUD shall become part of the regulations
that govern the manner in which the PUD site may be developed.
D. Unless specifically waived through any variance or waiver provisions from
any other applicable regulations, the provisions of those regulations not otherwise
provided for this PUD remain in full force and effect.
E. Development permitted by the approval of this petition will be subjected to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities, of the Collier County Land Development Code at the earliest, or next, to
occur of either Final Site Development Plan approval, Final Plat approval, or
building permit issuance applicable to this development.
PROJECT PLAN AND PROPOSED LAND USES
The project Master Plan is iljustrated graphically by Exhibit "B", PUD Master
Plan.
7
2,4
2.5
2,6
2.7
2.8
Minor modifications to Exhibit "B" may be permitted at the time of Site
Development Plan approval, subject to the provisions of Section 2.7.3.5 of
the Collier County Land Development Code or as otherwise permitted by this
PUD Document.
Go
In addition to the various areas and specific items shown in Exhibit "B",
easements shall be established and/or vacated within or along the property,
as may be necessary.
LAND USE
Exhibit "B", PUD Master Plan, constitutes the required PUD Development
Plan. Except as otherwise provided within this PUD Document, any division
of the property and the development of the land shall be in compliance with
the Subdivision Regulations and the platting laws of the State of Florida.
So
The provisions of Division 3.3, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 prior to the
issuance of a building permit or other development order.
Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and provision for
perpetual maintenance of common facilities.
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD document and Master Plan as provided in
Section 2.7.3.5 of the Collier County Land Development Code.
LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL
This PUD is subject to the sunset provisions as provided for within Article 2, Division
2.7, Section 2.7.3.4 of the Collier County Land Development Code.
PUD MONITORING
An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7,
Section 2.7.3.6 of the Collier County Land Development Code.
DEDICATION AND MAINTENANCE OF FACILITIES
The Developer shall create appropriate property ownership association(s), which
will be responsible for maintaining the roads, streets, drainage, common areas, and
water and sewer improvements where such systems are not dedicated to the
County.
2.9 OPEN SPACE REQUIREMENTS
2.10
2.11
2.12
2.13
2.14
A minimum of thirty percent (30%) of the project's gross area shall be devoted to
open space, pursuant to ^rticle 2, Division 2.6, and Section 2.6.32 of the Collier
County Land Development Code. The total project is 7.44 +/- acres, requiring a
minimum of 2.2 acres to be retained as open space throughout the Edison Village
PUD. The 1.7-acre Conservation Reserve Tract will be used for the project's
Commercial Tract A and Commercial Tract A-1 open space requirements. The
minimum regulatory open space balance of 0.5 acres will be provided internally
within Commercial Tract A and A-1.
NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Article 3, Division 3.9, Section 3.9.5.5.4 of the Collier County Land
Development Code, 15% of the viable naturally functioning native vegetation on
site, or approximately 1.1-acres, shall be retained. The 1.7-acre conservation
reserve tract will comprehensively meet the project's native vegetation requirement
for Commercial Tracts ^ and A-1.
POLLING PLACES
Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land
Development Code, accommodation shall be made for the future use of building
space for the purposes of accommodating the function of an electoral polling place,
at the request of the Supervisor of Elections.
SIGNS
Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land
Development Code.
LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1
of the Collier County Land Development Code may be reduced with the
administrative approval of the Collier County Engineering Review Manager. All
lakes greater than two (2) acres may be excavated to the maximum commercial
excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from The
Edison Village PUD shall be limited to an amount up to 10 percent (to a maximum
of 20,000 cubic yards) of the total volume excavated unless a commercial
excavation permit is received.
EXCAVATION AND VEGETATION REMOVAL
A. Improvement of the property shall be prohibited prior to issuance of a
building permit. No site work including removal of protected vegetation, grading,
improvement of property or construction of any type may be commenced prior to the
issuance of a building permit pursuant to the Land Development Code or other
applicable County regulations. Exceptions to this requirement may be granted by
the Community Development and Environmental Services Administrator for an
approved Subdivision or Site Development Plan to provide for distribution of fill
excavated on site or to permit construction of an approved water management
system, to minimize stockpiles and hauling off-site or to protect the public health,
safety and welfare where clearing, grading and filling plans have been submitted
and approved meeting the standards of Section 3.2.8.3.6. of the Code and a
Clearing and Filling Permit has been issued. Removal of exotic vegetation shall be
exempt from the above requirement based upon receipt of a vegetation removal
permit for exotics pursuant to Division 3.9 of the Land Development Code.
B. A site clearing, grading, filling and revegetation plan and a Cleadng and
Filling Permit Application, where applicable, shall be submitted to the Community
Development and Environmental Services Administrator, or his designee, for review
and approval prior to any clearing, grading or filling on the property. This plan may
be submitted in phases to coincide with the development schedule. The site-
clearing plan shall clearly depict how the improvement plans incorporate and retain
native vegetation. The site specific clearing, grading, and filling plan accompanying
the Subdivision Plan or Site Development Plan may be considered for review and
approval under the following categories and subject to the following requirements:
Removal of exotic vegetation is permitted upon receipt of a vegetation
removal permit pursuant to Division 3.9 of the Land Development
Code. Additional site alteration may be permitted or required to
stabilize and deter reinfestation by exotics subject to the following:
a) Provision of a site filling and grading plan for review and approval
by the County;
b) Provision of a revegetation plan for review and approval by the
County.
2.15ARCHITECTURE AND SITE DESIGN
All signage, fencing and landscaping shall be architecturally unified for all
development on the subject site. All commercial buildings shall comply with
Division 2.8 of the Collier County Land Development Code (Architectural and Site
Design Standards and Guidelines) prior to the issuance of a building permit.
]0
SECTION III
COMMERCIAL DISTRICT
3.1
PURPOSE
The purpose of this Section is to identify permitted uses and development standards
for areas within The Edison Village PUD designated on the Exhibit "B", PUD Master
Plan as "Commercial Tract A and Commercial Tract A-I".
3.2
3.3
GENERAL DESCRIPTION
Areas designated as "Commercial Tract A and Commercial Tract A-1" on the
Master Plan are designed to accommodate a full range of office commercial
uses, retail commercial uses, essential services, and customary accessory uses
consistent with C-1, C-2 and C-3 zoning districts. The Commercial A-1 tract
located at the Lely Cultural Parkway intersection corner area is designed to
accommodate a full range of office commercial uses, retail commercial uses,
essential services, and customary accessory uses consistent with C-1, C-2 and
C-3 zoning districts but explicitly prohibits Fast Food Restaurants and Gas
Convenience uses.
ao
The approximate acreage of the Commercial District that includes the project's
internal right-of-way will be 5.66 acres. Actual areas of all development tracts
and outparcels will be provided at the time of Site Development Plan or
Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2
and Division 3.3 respectively, of the Collier County Land Development Code.
Commercial tracts are designed to accommodate internal roadways, open
spaces, lakes, water management facilities, and other similar uses.
C. Up to fifty-four thousand (54,000) square feet of retail or office development is
permitted within this commercial area of the Planned Unit Development.
PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Unless otherwise provided for in this Section, all permitted uses of the C-1, C-
1/T and C-2 zoning districts permitted by the Land Development Code and in
effect as of the date of approval of this PUD District.
2. Accounting, auditing and bookkeeping services (8721).
3. Apparel and Accessory Stores (Groups 5611-5699)
4. Automobile parking (7521).
5. Auto and home supply stores (5531).
6. Automotive services (7549) and Car Washes (except bus & truck washing)
(7542 subject to Section 2.2.15.2.1.5 of the Land Development Code).
7. Barber shops (7241).
8. Beauty shops (7231).
9. Business services (Groups 7311,7313, 7322-7338, 7361 - 7379, 7384, 7389
except auctioneering service, field warehousing, bottle labeling, packaging and
labeling, salvaging of damaged merchandise, scrap steel cutting and slitting).
10. Child day care services (8351)
11. Civic, social and fraternal associations (8641).
12. Depository institutions (Groups 6011-6099)
13. Drug stores, pharmacies and proprietary stores (5912)
14. Eating and drinking places (Groups 5812; all establishments engaged in the
retail sale of alcoholic beverages are subject to the location requirements of Sec.
2.6.10)
15. Educational services (8211 - 8231 ).
16. Engineering, accounting, research, management and related services (Groups
8711-8748).
17. Food stores (Groups 5411-5499).
18. General merchandise Stores (Groups 5311-5399).
19. Health services (Groups 8011-8049, 8082).
20. Home furniture, Furnishing, and Equipment Stores (Groups 5712-5736).
21.Individual and family social services (8322 activity centers, eldedy or
handicapped; adult day care centers; and day care centers, adult and
handicapped only).
22. Hardware stores (5251).
23. Insurance carriers, agents and brokers (groups 6311-6399, 6411 ).
24. Legal services (8111 ).
25. Libraries (8231).
26. Management and public relations services (groups 8741-8743, 8748).
27. Membership organizations (8611-8699).
28. Miscellaneous personal services (7291).
29. Miscellaneous repair services, except aircraft, business and office machines,
large appliances, and white goods such refrigerators and washing machines
(groups 7629 - 7631).
30. Miscellaneous retail (Groups 5912-5963, except pawnshops and building
materials, 5992-5999).
31. Museums and art galleries (8412).
32. Non-depository credit institutions (Groups 6111-6163).
33. Paint, glass and wallpaper stores (5231).
34. Personal services (Groups 7212, 7215, 7216 nonindustrial dry cleaning only,
7217, 7219-7291).
35. Photographic studios (7221).
36. Physical fitness facilities (7991).
37. Public administration (Groups 9111-9199, 9229, 9311, 9411-9451, 9511-9562,
9611-9661 ).
3.4
3.5
38. Real estate (groups 6531-6541 ).
39. Retail nurseries, lawn and garden supply stores (5261).
40. Security and commodity brokers, dealer, exchanges and service (Groups 6211-
6289).
41. Shoe repair shops and shoeshine parlors (7252).
42. Veterinary services (0742, 0752 excluding cutside kenneling).
43.Video tape rental (7841).
44. United States Postal Service (4311 except major distribution center).
45. Vocational schools (Groups 8243-8299).
46. Any other general commercial use, which is comparable in nature with the C-3
Commercial Intermediate District pursuant to the Land Use Development Code
in effect on the date of approval of this PUD Ordinance and consistent with the
permitted uses and Purpose and Intent statement of the this PUD Ordinance,
subject to the approval of the Planning Services Department Director.
PROHIBITED USES FOR TRACT A-1
The following uses shall be prohibited in Tract A-l:
1. Fast food restaurants.
2. Convenience stores.
3. Convenience stores which sell gasoline.
ACCESSORY USES AND STRUCTURES
Any other general accessory use which is comparable in nature with the foregoing
uses including buildings for retail, service and office purposes consistent with the
permitted uses and purpose and intent statement of the Mixed Use Activity Center
Subdistrict of the Future Land Use Element of the Growth Management Plan which
the Planning Services Department Director determines to be compatible.
3.6
DEVELOPMENTSTANDARDS
A. Minimum lot area: Ten thousand (10,000) square feet.
Minimum lot width: Seventy-five (75) feet, as measured by the exterior
project lines.
Minimum yard requirements:
1. Front yard: Twenty-five (25) feet.
2. Front yard CR 951 and Lely Cultural Parkway: The distance equal to
the height of the building, but no less than twenty-five (25) feet.
3. Side yard: Fifteen (15) feet.
4. Rear yard: Fifteen (15) feet.
5. Any yard abutting a residential parcel and the southern property
boundary: Twenty-five (25)feet.
]3
D. Distance between principal structures: The distance between any two
principal structures on the same parcel shall be fifteen (15) feet or a distance equal
to one-half the sum of their heights, whichever is greater.
E. Minimum off-street parking and off-street loading: As required by Division
2.3. of the Land Development Code.
F. Minimum floor area of principal structure: Seven hundred (700) square feet
gross floor area for each building on the ground floor.
G. Maximum height: Fifty (50) feet above Mean Flood Elevation as measured
by the finished floor elevation to the building eave.
H. General application for setbacks: Front yard setbacks shall comply with the
following:
1. If the parcel is served by a public or private right-of-way, the setback is
measured from the adjacent right-of-way line.
If the parcel is served by a non-platted private drive, the setback is measured
from the back of curb or edge of pavement.
2. If the parcel is served by a platted private drive, the setback is
measured from the road easement or property line, whichever is more
restrictive.
I. Architectural and site design standards: All commercial buildings and
projects shall be subject to the provisions of LDC Division 2.8 and any other
applicable sections of the Land Development Code.
J. Merchandise storage and display: Unless specifically permitted, outside
storage or display of merchandise is prohibited.
K. Landscaping: As required by Division 2.4. of the Land Development Code.
L. Signs: As required by Division 2.5. of the Land Development Code.
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SECTION IV
CONSERVATION RESERVE DISTRICT
4.1
4.2
4.3
PURPOSE
The purpose of this Section is to identify permitted uses and development standards
for areas within The Edison Village PUD designated on Exhibit "B", PUD Master
Plan, as Conservation Reserve Tract.
GENERAL DESCRIPTION
The 1.7 acre tract designated as Conservation Open Space Reserve Tract B on the
PUD Master Plan is designed to accommodate a full range of conservation and
limited water management uses and functions. The primary purpose of the Reserve
District is to conserve native on-site wetlands and uplands habitat, to allow for the
restoration and enhancement of impacted or degraded wetlands, to provide a native
open space site amenity for The Edison Village PUD, and to provide a native
vegetative buffer for adjoining public educational activities to the west. The
Conservation Reserve Tract consists of 1.7 acres of wetlands and uplands
conservation and open space lands that will include a 25 foot perimeter berm
easement. The final size and configuration of the commercial and conservation
reserve tract will be determined during final Site Development Plan approval
process. However, the final size shall not deviate more than five percent of the total
acreage designated as such, up to five acres in area.
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:
Permitted Principal Uses and Structures:
A. Passive recreational areas, boardwalks, and recreational shelters.
B. Nature trails, excluding asphalt paved surfaces.
C. Water management structures, berms or other structural treatments.
D. Mitigation areas.
Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses and which the Planning
Services Department Director determines to be compatible in the Reserve
District.
]5
4.4 DEVELOPMENT STANDARDS
4,5
All principal structures shall have a minimum 25-foot setback from wetland
preserves.
RESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by the Collier County
Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the
Conservation Reserve District. In addition to Collier County, a conservation
easement may also be required by other regulatory agencies with jurisdiction over
Reserve District lands. In addition to complying with provisions of the Collier County
Land Development Code, said easement shall be provided in accordance with the
terms set forth in the applicable permit granted by said agencies. The developer or
owners of The Edison Village PUD shall be responsible for control and maintenance
of lands within the Reserve District.
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.1
5,2
5.3
PURPOSE
The purpose of this section is to set forth the standards for development of the
project.
GENERAL
All facilities shall be constructed in accordance with the final site development
plans, the final subdivision plat(s), and all applicable state and local laws, codes and
regulations applicable to this PUD. Except when specifically noted or otherwise set
forth in this document, the standards and specifications of Division 3.2 of the Land
Development Code shall apply to this project even if the land within the PUD is not
to be platted. All state and federal permits shall be effective according to the
stipulations and conditions of the permitting agencies. Final master plans, final site
development plans or final subdivision plats, and standards and specifications of the
Collier County Land Development Code relating to the same shall apply to this
project, except as otherwise set forth herein. The developer and/or his successor
shall follow the Master Plan and the PUD regulations as adopted, along with any
other conditions or modifications as may be agreed to in the rezoning of this
property. In addition, the developer and the successors are bound by the
commitments within this agreement.
PUD MASTER PLAN
Exhibit "B", PUD Master Plan iljustrates proposed development areas and is
conceptual in nature. Proposed area, 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 approval. Subject to the provisions of Section 2.7.3.5 of the Collier
County Land Development Code, amendments may be made from time to
time.
All necessary easements, dedications or other instruments shall be granted
to ensure the continued operation and maintenance of all service utilities and
all common areas in the project.
This PUD shall be subject to the Sunset Provisions of section 2.7.3.4 of the
Land Development Code.
This PUD shall be subject to the Development Monitoring Report provisions
of Section 2.7.3.4 of the Land Development Code.
]7
5.4 WATER MANAGEMENT
Excavation permits will be required for any project lake development in
accordance with Division 3.5 of the Collier County Land Development Code,
as amended. Excavated material from the property is intended to be used
within the project site.
Detailed paving, grading and site drainage plans shall be submitted to
Engineering Review Services for review. No construction permits shall be
issued unless and until approval of the proposed construction in accordance
with the submitted plans is granted by Engineering Review Services.
In accordance with the Rules of the South Florida Water Management
District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be
designed for a storm event of 3-day duration and 25-year frequency.
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Design and construction of all improvements shall comply with the
appropriate provisions of Division 3.2 of the Collier County Land
Development Code.
Prior to construction plan approval, the petitioner shall demonstrate legal and
physical evidence of a positive outfall for the water management system.
F. If there are wetlands on site, then a SFWMD permit shall be required.
5.5 TRANSPORTATION
The developer shall provide street lighting at the Lely Cultural Boulevard
project entrance prior to the issuance of any Certificate of Occupancy.
So
The developer shall provide sidewalks/bikepaths along the CR 951 frontage
at the time of final site development permitting and construction for each
phase and pamel of the PUD.
If deemed necessary by the County, a right turn lane from Lely Cultural
Parkway shall be constructed by the property owner prior to the first
certificate of occupancy for the project. Compensating right-of-way for a
dedicated turn lane may be required and shall be provided by the applicant to
reimburse the County for the use of the Lely Cultural Boulevard existing right-
of-way prior to the issuance of the first "permanent" certificate of occupancy.
Such dedication shall be considered site related, and there shall be no road
impact fee credits due the applicant.
5.6 UTILITIES
Water distribution, sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned and maintained in
accordance with Collier County Ordinance 88-76, as amended, and other
applicable County rules and regulations.
5,7
5.8
ENGINEERING
Except as otherwise provided within this PUD document, this project shall be
required to meet all County Ordinances in effect at the time final construction
documents are submitted for development approval.
ENVIRONMENTAL
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Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and approval
by Current Planning Section Staff. Removal of exotic vegetation shall not be
counted towards mitigation for impacts to Collier County jurisdictional
wetlands.
All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and if the property is platted
shall be recorded on the plat with protective convenants per or similar to
Section 704.06 of the Florida Statutes. Buffers shall be provided in
accordance with Subsection 3.2.8.4.7.3 of the Land Development Code.
Go
Buffers shall be provided around wetlands, extending at least fifteen (15)feet
landward from the edge of wetland preserves in all places and averaging
twenty-five (25) feet from the landward edge of wetlands. Where natural
buffers are not possible, structural buffers shall be provided in accordance
with the State of Florida Environmental Resource Permit Rules and be
subject to review and approved by Current Planning Section Staff.
Petitioner shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife
Conservation Commission (FFWCC) regarding potential impacts to protected
wildlife species. Where protected species are observed on site, a Habitat
Management Plan for those protected species shall be submitted to Current
Planning Section Staff for review and approval prior to Final Site
Plan/Construction Plan approval.
An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan
for the site, with emphasis on the conservation/preservation areas, shall be
submitted to Current Planning Section Staff for review and approval prior to
Final Site Plan/Construction Plan approval. This plan shall include methods
and time schedule for removal of exotic vegetation within the
conservation/preservation area.
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The project shall comply with the environmental sections of the Land
Development Code and the Growth Management Plan in effect at the time of
final development order approval.
The 1.7 acre Conservation Reserve Tract will partially meet the Land
Development Code native open space requirements for Commercial Tracts A
and A-1. The minimum regulatory balance of 0.5 acres open of space shall
be provided internally within Commercial Tracts A and A-1.
EXHIBIT B
THE EDISON VILLAGE PUD
MASTER PLAN
2!
I hi
i
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. 2000-83
Which was adopted by the Board of County Commissioners on
the 12th day of December, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida, this 13thursday
of December, 2000
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board
County Commlssloners~<~;
By: Ellie Hoffman,
Deputy Clerk