Ordinance 2003-03ORDINANCE NO. 03- 0 3
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102~
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICI~=~
INCLUDES THE COMPREHENSIVE ZONING REGULATION~
FOR THE UNINCORPORATED AREA OF COLLIER COUNT'~
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MP~_~
NUMBERED 8634S; BY CHANGING THE ZONIN~
CLASSIFICATION OF THE HEREIN DESCRIBED REA-~
DEVELOPMENT KNOWN AS THE MISSION HILLS PUD.'~:''
LOCATED AT THE NORTHWEST CORNER OF VANDERB~_~T
BEACH ROAD (C.R. 862) AND COLLIER BOULEVARD (C.R.
951), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 33.45+ ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, William L Hoover, Hoover Planning and Development, Inc., representing the
Vanderbilt Beach Road Land Trust, 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, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 34,
Township 48 South, Range 26 East, Collier County, Florida, is changed from "A", Rural Agriculture
and "PUD", Planned Unit Development to "PUD" Planned Unit Development in accordance with the
Mission Hills PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein.
The Official Zoning Atlas Map numbered 8634S 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 tL~ day of
: ~'"' 'NI "~t~i' ~',~ ' ~'' ;
. ~_:. aji ':,,~ -, ;:~ .-.,:
D E~ROG" ~E
Approved as to Fora
and Legal Sufficiency
Ma0orie M. Student
Assistant Coun~ A~omey
,2003.
BOARD OF COUNTY C~}MMISSIONERS
HAm AN
Tl~is ~rdin~n~e f~Te~T ~w~
Secre~ry of .~ate's Office
a~ ~owledgement of that
filing ~eived this ~
of ~u ~ .
~pu~ Clerk
PUDZ-0 I-AR-1749/RB/Io
MISSION HILLS PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
MARK L. LINDNER, TRUSTEE
NAPLES REALTY SERVICES, INC.
4980 N. TAMIAMI TRAIL, 2ND FLOOR
NAPLES, FLORIDA 34103
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING & DEV., INC.
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
and
ROBERT J. MULHERE, AICP
RWA, INC.
3050 N. HORSESHOE DRIVE, SUITE 270
NAPLES, FLORIDA 34104
and
RICHARD D. YOVANOVICH
GOODLETTE, COLEMAN & JOHNSON, P.A.
4001 N. TAMIAMI TRAIL, SUITE 300
NAPLES, FLORIDA 34103
DATE FILED
DATE REVISED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
November 13, 2001
January 14, 2003
November 21, 2002
January 14, 2003
EXHIBIT "A"
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III COMMERCIAL AREAS PLAN
SECTION IV PRESERVE AREA PLANS
SECTION V DEVELOPMENT COMMITMENTS
PAGE
i
ii
1
2
4
6
11
12
EXHIBIT "A"
EXHIBIT "B"
LIST OF EXHIBITS
PUD MASTER PLAN
PUD UTILITIES/WATER MANAGEMENT PLAN
iii
STATEMENT OF COMPLIANCE
The development of approximately 33.45_+ acres of property in Collier-County, as a
Planned Unit Development to be known as Mission Hills 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 facilities of the Mission Hills PUD will be
consistent with the growth policies, land development regulations, and applicable
comprehensive planning objectives for the following reasons:
The subject property is within the Vanderbilt Beach/Collier Boulevard
Commercial Subdistrict land use designation as identified on the Future Land
Use Map and as described in the Vanderbilt Beach/Collier Boulevard
Commercial Sub-District of the Urban - Mixed Use District in the Future Land
Use Element. The Future Land Use Element permits commercial land uses in
this area and this PUD complies with the commercial development standards
within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict.
The subject property's location in relation to existing or proposed community
facilities and services permits the development's commercial intensity as
described in Objective 2 of the Future Land Use Element.
The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
The project development will result in an efficient and economical allocation of
community facilities and services as required in Policy 3.1.G of the Future Land
Use Element.
The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code.
1.1
1.2
1.3
1.4
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
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 project name of Mission Hills PUD.
LEGAL DESCRIPTION
The subject property being 33.45_+ acres, is located in Section 34, Township 48
South, Range 26 East, and is fully described as:
The North half of the Southeast quarter of the Southeast quarter of
Section 34, Township 48 South, Range 26 East, Collier County, Florida,
less the easterly 100 feet for C.R. 951 right-of-way.
The South half of the Southeast quarter of the Southeast quarter of
Section 34, Township 48 South, Range 26 East, Collier County, Florida,
less the easterly 100 feet for C.R. 951 right-of-way and less the southerly
145 feet for Vanderbilt Beach Road right-of-way.
PROPERTY OWNERSHIP
The subject property is owned by:
The Vanderbilt Beach Road Land Trust, c/o Mark L. Lindner, Trustee,
Naples Realty Services, 4980 N. Tamiami Trail, 2nd Floor, Naples, Florida
34103.
GENERAL DESCRIPTION OF PROPERTY AREA
The subject property is located at the northwest corner of Collier
Boulevard and Vanderbilt Beach Road (unincorporated Collier County),
Florida.
The southern portion of the site is zoned Rural Agricultural and the
northern portion is zoned PUD, Golden Pond, as approved by Collier
County Ordinance No. 98-35.
1.5 PHYSICAL DESCRIPTION
1.6
1.7
The Project site is primarily located within the Harvey Drainage Basin according
to the Collier County Drainage Atlas. The proposed outfall for the Project is to
the west of Collier Boulevard into a new swale that would transfer the stormwater
to the Vanderbilt Canal.
Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation
is 12.6 NGVD. The entire site is located within FI:MA Flood Zone "X" with no
base flood elevation specified.
The water management system of the Project will include the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment will be accomplished by an on-site lake
system prior to discharge into a swale along the west side of C.R. 951 and then
into the Vanderbilt Canal.
The water management system will be permitted by the South Florida Water
Management District (SFWMD) through the Environmental Resource Permit
process. All rules and regulations of SFWMD will be imposed upon this Project
including, but not limited to: storm attenuation with a peak discharge rate per
Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm
and finished floor elevations, water quality pre-treatment, and wetland hydrology
maintenance.
Per Collier County Soil Legend dated January 1990, the soil type found within
the limits of the property is #2 - Holopaw Fine Sand, Limestone Substratum.
Site vegetation consists predominantly of pine flatwoods, pine-cypress, cypress
forest and woodland with a mix of different vegetation types.
PROJECT DESCRIPTION
The Mission Hills PUD is a project comprised of 33.45 acres designated for
commercial land uses and limited to a maximum of 200,000 square feet of gross
leasable area. Commercial land uses and signage are designed to be
harmonious with one another in a natural setting by using common architecture,
quality screening/buffering, and native vegetation, whenever feasible.
SHORT TITLE
This Ordinance shall be known and cited as the "Mission Hills Planned Unit
Development Ordinance".
2.1
2.2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
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
Eo
Regulations for development of the Mission Hills PUD shall be in
accordance with the contents of this document, PUD - Planned Unit
Development District and other applicable sections and parts of the Collier
County Land Development Code 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, such as but not
limited to Final Subdivision Plat, Final Site Development Plan, Excavation
Permit and Preliminary Work Authorization. Where these regulations fail
to provide developmental standards, then the provisions of the most
similar district in the Land Development Code shall apply.
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 time of building permit application.
All conditions imposed and graphic material presented depicting
restrictions for the development of the Mission Hills PUD shall become
part of the regulations which govern the manner in which the PUD site
may be developed.
All applicable regulations, unless specifically waived through a variance or
separate provision provided for in this PUD Document, shall remain in full
force and effect.
Development permitted by the approval of this petition will be subject 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.
2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
2.4
2.5
2.6
Commercial uses are limited to 33.45 acres with a maximum of 200,000 square
feet of gross leasable area.
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Ao
The general configuration of the land uses are illustrated graphically on
Exhibit "A", PUD Master Plan, which constitutes the required PUD
Development Plan. Any division of the property and the development of
the land shall be in compliance with the PUD Master Plan, Division 3.2
Subdivisions of the Land Development Code, and the platting laws of the
State of Florida.
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.
Co
Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
SALES/RENTAL FACILITIER
Temporary sales/rental trailers and construction trailers can be placed on the site
after Site Development Plan approval and prior to the recording of Subdivision
Plats, subject to the other requirements of Section 2.6.33.3 of the Land
Development Code.
PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAl
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions.
Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code,
whereby off-site removal shall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards.
All other provisions of Division 3.5 Excavation of the Land Development
Code shall apply.
3.1
3.2
3.3
SECTION III
COMMERCIAL AREAS PLAN
PURPOSE
The purpose of this Section is to identify specific development standards for the
Commercial Areas as shown on Exhibit "A", PUD Master Plan.
GENERAL DESCRIPTION
Areas designated as Commercial Areas on the PUD Master Plan are intended to
provide a variety of commercial, financial, health, and office uses. Commercial
Areas are limited to a maximum of 33.45 acres with a maximum gross leasable
area of 200,000 square feet.
PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
Amusement and Recreation Services (groups 7911, 7991, 7993
only for indoor video game arcade and indoor coin-operated
amusement machine, 7999 only for bicycle rental, ice skating rink
operation, indoor slot-car track, miniature golf course, golf driving
range, and golf pitch-n-putt).
2. Apparel and Accessory Stores (groups 5611 - 5699).
Auto Supply Stores (group 5531), Convenience Food Stores with
gas pumps (group 5411) and Gasoline Service Stations (Group
5541 Automobile Service Stations only, with services and repairs
as described in Section 2.6.28 of the Collier County Land
Development Code and excluding Truck Stops - Retail. Diesel
pumps may only be provided for automobiles, motor homes, and
trucks of I ton or less capacity.)
Auto Rental Services and Car Washes (groups 7514, 7521, 7542
only for automobiles and trucks of 1 ton or less capacity, 7549
lubricating service and window tinting both only for automobiles and
trucks of 1 ton or less capacity).
o
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Building Materials, Hardware and Garden Supplies (group 5231 -
5261). '
Business Services (grOups 7311, 7313, 7322 - 7338, 7361, 7371 -
7379, 7384, 7389 only for service of fire extinguishers, interior
decorating/design, mapmaking, notary public, paralegal service,
Postal Service contract stations, and swimming pool cleaning/
maintenance).
Depository and Non-Depository Institutions (groups 6021-6199).
Eating Places (group 5812) and Drinking Places (group 5813 only
cocktail lounges and on-premise consumption of beer, wine and
liquor, in conjunction with a restaurant.) Drinking Places are
subject to the Iocational restrictions described in Section 2.6.10 of
the Land Development Code.
Educational Services (groups 8211 - 8249 (no regional libraries).
Food Stores (groups 5411 - 5499).
General Merchandise Stores (groups 5311 - 5399).
Health Services (groups 8011 - 8049, 8082, 8092, 8099).
Holding and Other Investment Offices (groups 6712 - 6799).
Home Furniture, Furnishings and Equipment Stores (groups 5712 -
5736).
Insurance Carriers, Agents, Brokers, and Services (groups 6311 -
6399, 6411).
Legal Services (group 8111 ).
Membership Organizations (groups 8611,8621, 8641 - 8661 ).
Miscellaneous Repair (groups 7622, 7629, 7631, 7699 but only
bicycle repair, camera repair, lawn equipment/lawnmower repair,
lawn/garden tractor repair, locksmiths, luggage repair, medical/
dental instrument repair, musical instrument repair, piano repair,
saw/knife sharpening service, and custom picture framing).
Miscellaneous Retail (groups 5912, 5921, 5932 (antiques only),
5941 - 5949, 5961, 5962, 5992 - 5999 (except auction rooms,
7
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
awning shops, gravestones, hot tubs, monuments, swimming
pools, tombstones and whirlpool baths). (The sale of swimming
pool accessories and supplies is allowable under 5999, but not the
sale of swimming pools.)
Motion Picture Theaters and Video Tape Rental (groups 7832 and
7841).
Museums and Art Galleries (group 8412).
Personal Services (group 7212 dry-cleaning and laundry pickup
stations only, 7215, 7221 - 7291, 7299 (only car title and tag
service, diet workshops, tuxedo rental, massage parlor, and
tanning salon).
Professional Offices, Research, and Management Consulting
Services (groups 8711 - 8743, 8748).
Public Administration (groups 9111 -9199, 9221 9222, 9311 -
9661). '
Real Estate Agents and Managers (groups 6512, 6531 - 6552).
Security and Commodity Dealers (groups 6211 - 6289).
Social Services (groups 8322 (only adult day care services,
counseling services, and senior citizens associations), 8351).
Travel Agencies (group 4724).
Veterinary Services (group 0742 for household pets only and
without any overnight boarding or outside kennels).
Any other use which is comparable in nature with the foregoing list
of, permitted principal uses, as determined by the Board of Zoning
Appeals (BZA).
..Accessory Uses:
1. Uses and structures that are accessory
Permitted Uses within this PUD Document.
and incidental to the
3.4
Drinking Places (group 5813 only cocktail lounges and on-premise
consumption of beer, wine, and liquor in conjunction with a
restaurant.)
Caretaker's residences subject to Section 2.6.16 of the Collier
County Land Development Code.
DEVELOPMENT STANDARDS
Co
Minimum Lot Area:
Ten thousand (10,000) square feet.
Minimum Lot Width:
One hundred (100)feet.
Minimum Yards:
(1) Principal structures:
(a) Front Yards - Twenty-five (25) feet.
(b) Rear Yards - Fifteen (15) feet.
(c)
Side Yards - One-half (1/2) the building height as measured
from the closest exterior building wall with a minimum of
fifteen (15) feet.
(d)
PUD Boundaries - One (1) foot for each foot of building
height except for three (3) story financial/office buildings that
shall be set back a minimum of fifty (50) feet.
(2) Accessory Structures:
Setbacks shall be as required by Division 2.6.2 of the Land
Development Code in effect at time of building permit application.
Distance Between Principal Structures on the Same Parcel:
One-half the sum of the building heights measured by the closest exterior
building walls with a minimum of fifteen (15) feet.
E. Minimum Floor Area:
Seven hundred (700) square feet for the principal structure on the first
habitable floor.
F. Maximum Heiqht:
Office and financial service uses are limited to three (3) stories and forty-
two (42) feet and retail uses are limited to one (1) story and forty-two (42)
feet.
G. Off-Street Parkinq and Loadin.q Requirements:
As required by Division 2.3 of the Land Development Code in effect at the
time of building permit application.
H. Bufferinq Requirements:
A minimum twenty (20) foot wide Type "D" Buffer shall be provided along
both Collier Boulevard and Vanderbilt Beach Road, with the landscaping
as required in Section 2.4.7.4 of the Collier County Land Development
Code.
I. Si.qns
Signs shall be permitted as described in Section 2.5 of the Collier County
Land Development Code.
]0
4.1
4.2
PURPOSE
SECTION IV
PRESERVE AREAS PLAN
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A," PUD Master Plan, as may be amended
pursuant to Section 5.3. Any approvals to remove native vegetation in the
Preserve Areas shall be conditional upon having a remaining minimum of 4.21
acres of native vegetation on-site.
PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
Permitted Principal Uses and Structures:
1. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
Supplemental landscape planting, screening and buffering within
the Natural Habitat Preserve Areas, may be approved after Current
Planning Section Staff review. All supplemental plantings within
the Preserve Areas shall be 100% indigenous native species.
Any other use deemed comparable in nature by the Planning
Services Director.
5.1
5.2
5.3
SECTION V
DEVELOPMENT COMMITMENTS
PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
GENERAL
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes,
and regulations applicable to this PUD, in effect at the time of Final Plat, Final
Site Development Plan approval or building permit application as the case may
be. Except where specifically noted or stated otherwise, the standards and
specifications of the Collier County Land Development Code 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 developer, his successor or assignee, shall 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.
PUD MASTER PLAN
Exhibit "A", PUD Master Plan illustrates the proposed development 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. Final configuration and acreages of
Preserve Areas shall be based on jurisdictional agency determinations,
and modification of said preserve boundaries shall be permitted during
final plat/site development plan review. 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 insure the continued operation and maintenance of all service
utilities and all common areas in the project.
5.4
5.5
5.6
5.7
SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is expected to be completed in one (1) or
two (2) phases.
The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
Monitorinq Report:
pursuant to Section
Code.
An annual monitoring report shall be submitted
2.7.3.6 of the Collier County Land Development
ENGINEERING
Ao
This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Division 3.2. Subdivisions.
WATER MANAGEMENT
A copy of the South Florida Water Management District (SFWMD)
Surface Water Permit Application shall be sent to Collier County
Development Services with the SDP submittal.
A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way
Permit, and SFWMD Discharge Permit shall be submitted prior to Final
Site Development Plan Approval.
An Excavation Permit will be required for any proposed lake(s) in
accordance with Division 3.5 of the Collier County Land Development
Code and SFWMD rules.
Do
Lake setbacks from the perimeter of the PUD may be reduced to twenty-
five (25) feet where a six (6) foot high fence or suitable substantial barrier
is erected.
UTILITIES
Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
]3
5.8
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other applicable County
rules and regulations.
TRAFFIC
All traffic control devices used must be in accordance with the Standards
adopted by the Florida Department of Transportation (FDOT), as required
by Florida Statutes -Chapter 316 Uniform Traffic Control Law.
Bo
Arterial level street lighting must be provided at all development points of
ingress and egress. Said lighting shall be in place prior to the issuance of
the first permanent Certificate of Occupancy.
External and internal improvements determined by Collier County
Transportation staff to be essential to the safe ingress and egress to the
development will not be considered for impact fee credits. Said
improvements will be in place prior to the issuance of the first Certificate
of Occupancy.
Do
Road impact fees will be paid in accordance with Collier County -
Ordinance 01-13, as amended.
Eo
All median openings and driveway locations must be in accordance with
the Access Management Policy, as amended, unless otherwise approved
by the Transportation Planning Department Director or the Collier County
Board of Commissioners. Additionally, an access agreement shall be
executed in accordance with Subsection 3.2.4.11.4 of the LDC. Median
access and control will remain under the County's authority. The County
reserves the right to modify or close all median openings that have been
determined by the Collier County Transportation Department Staff to have
an adverse effect on the adjacent Collier County roadway relevant to
operational circulation, safety conditions, or safety concerns.
Roadway interconnections to the adjacent properties may be required by
Collier County Transportation Department Staff, as a condition of site
development plan approval.
The developer, along with neighboring property owners, shall be
responsible to pay the cost of a traffic signal system at any development
entrance, including both ends of the loop road, when a traffic signal is
determined to be warranted and approved by Collier County. Upon the
completion of the installation, inspection, bum-in period, and final
approval/acceptance of a warrented traffic signal it shall be turned over
14
Jo
(for ownership) to Collier County, and will then be oPerated and
maintained by Collier County Transportation Operations.
The development shall be'designed to promote the safe travel of all
roadway users, including bicyclists, and will provide for the safety of
pedestrians crossing said roadways. Pedestrian travel ways shall be
separated from vehicular traffic areas in accordance with recognized
standards and safe practices, as determined by Collier County
Transportation Department staff.
When ingress and egress improvements are determined, as necessary,
right-of-way and compensating right-of-way will be provided for and in
conjunction with said improvements.
All work within the Collier County right-of-way shall meet the requirements
of Collier County - Ordinance No. 93-64.
All internal access ways, drive aisles, roadways, etc., not located within
County right-of-way shall be privately maintained by an entity created by
the developer, its successor in title, or assigns.
Prior to the issuance of the first Certificate of Occupancy, the developer
shall construct a public roadway (loop road) extending from the project's
northern access onto Collier Boulevard to the project's western access
onto Yanderbilt Beach Road, that is located about 200 feet west of the
project's western boundary, The loop road shall be designed to a
minimum 30 miles per hour design speed and the layout is conceptually
shown on the PUD Master Plan. The construction costs of the loop road
will not be eligible for impact fee credits but the developer of the roadway
may be able to privately negotiate "fair share" payments or
reimbursements from neighboring property owners.
The developer may pull building permits for Phase 1, consisting of up to
150,000 square feet of gross leasing area, upon receiving all necessary
permits and approvals. The developer may pull building permits for
Phase 2, consisting of the gross leasing area in excess of 150,000 square
feet but not exceeding 200,000 square feet, but shall not receive
certificates of occupancy or certificates of completion until the widening
projects for both Collier Boulevard, between Golden Gate Boulevard and
Immokalee Road, and Vanderbilt Beach Road, between Airport Road and
Collier Boulevard are complete.
5.9 PLANNING
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during
the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
5.10
ENVIRONMENTAL
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and Collier County wetland rules.
All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on the
plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes. Buffers shall be provided in accordance with Section
3.2.8.4.7.3 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated to an approved entity or to Collier County with no responsibility
for maintenance and subject to the uses and limitations similar to or as
per Section 704.06 of the Florida Statutes.
Buffers shall be provided around any 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 Resources Permit
Rules and be subject to review and approval by the Current Planning
Environmental Staff.
Do
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 Environmental Staff for review and
approval prior to Final Site Development Plan/Construction Plan approval.
Any perimeter berms, shall be entirely outside of all upland and wetland
preserve areas.
Fo
A minimum of 4.21 acres of native vegetation shall be preserved on-site,
including all 3 strata, and emphasizing the largest contiguous area
possible. The PUD Master Plan does not identify any of this acreage. The
remaining acreage (a minimum additional 4.21 acres) shall be identified
on the site plan, at the time of the next development order submittal. If
mitigation plantings will be used to make up any of the acreage, the
landscape plans with mitigation-sized plantings (in accordance with
Section 3.9.5.5.3 of the Collier County Land Development Code) shall
also be submitted at that time.
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MISSION HILLS DA~SON ~~~, ~C. _ ~.~ .... ~ ' '
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. 2003-03
Which was adopted by the Board of County Commissioners on
the 14th day of January, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida,
of January, 2003.
DWIGHT E. BROCK
Clerk of Courts/a~d~c~.erk
Ex-officio to :IEoard .of-
County Commi s~-~ ~'~s
c_; f'~ ,'
By: Patrzc~a,~ .,,,~or.gan ~,
Deputy Cle-r~