Ordinance 2003-29ORDINANCE NO. 03- _2__9
N ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
OLLIER COUNTY LAND DEVELOPMENT CODE WHICH
CLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
flE UNINCORPORATED AREA OF COLLIER COUNTY, FLOR1DA
Y AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBERED 0523N BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM "C-3", "RSF-5", "RMF-6", "RSF-3", "RSF-4", AND "PUD"
TO "PUD" PLANNED UN1T DEVELOPMENT KNOWN AS NAPLES
BOTANICAL GARDEN PUD LOCATED AT THE INTERSECTION
OF BAYSHORE DRIVE AND THOMASSON DRIVE, lN SECTION
23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 171.2 ACRES; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Robert Duane, of Hole Montes, Inc., representing The Botanical Garden Inc.,
petitioned the Board of County Commissioners to change the zoning classification of the herein
described real property.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 23, Township
50 South, Range 25 East, Collier County, Florida, is changed from "C-3", "RSF-5", "RMF-6", "RSF-3",
"RSF-4", and "PUD" to "PUD" Planned Unit Development in accordance with the Naples Botanical
Garden PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The
Official Zoning Atlas Map Numbered 0523N, 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, thiso~4~ day of ~J'~t~t., ,2003.
';'::, :" ' ;"?:~'.
..... · .,' ~.
~wIGHT~>mC~., CLERK
Approved as to
and Legal Sufficiency
Ma'~jor~M. ~tudent
Assistant County Attorney
PUDZ-2002-AR-3161/R B/sp
BOARD OF COUNTY COMMISSIONERS
COLLIER ~TY, ~)IDA ,
TOM HE~NING, t~HAIRMAN~
~tt~st as to ~hatrnan's
This ordinance filed with thc
tate's Office t_he
Secretary of
_~3N-kdoy of
ackno .....
and ~ .... ~-~t of that
filing_received
NAPLES BOTANICAL GARDEN
A
PLANNED UNIT DEVELOPMENT
HOLE MONTES, INC.
950 ENCORE WAY
NAPLES, FLORIDA 34110
PREPARED BY:
AND
YOUNG, VAN ASSENDERP~
VARNADOE & ANDERSON, P.A.
801 LAUREL OAK DR., STE. 300
NAPLES, FLORIDA 34108
HMPROJECT1999104
SEPTEMBER, 2002
Date Reviewed by CCPC:
Date Approved by BCC: 06-24-2003
Ordinance No. 03 - 29
Amendments & Repeals amends 91-102
EXHIBIT A
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]'ABLE OF CONTENTS
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
Page
Statement of Compliance .............................................................. 3
Property Ownership, Legal Description, Short Title and
Statement of Unified Control .......................................................... 4
Statement of Intent and Project Description ..........................................
General Development Regulations .................................................... 6
Preserve Area Requirements .......................................................... 11
Permitted Uses and Dimensional Standards for Naples Botanical Garden ...... 12
Development Commitments ............................................................ 15
EXHIBITS
Exhibit A - PUD Master Plan
Exhibit B- Legal Description
2
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SECTION I
STATEMENT OF COMPLIANCE
The development of+171 acres of property in Section 23, Township 50 South, Range 25 East,
Collier County, Florida, as a Planned Unit Development to be lmown as Naples Botanical Garden
PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in
the Growth Management Plan. The Naples Botanical Garden PUD will be consistent with the
growth policies, land development regulations and applicable comprehensive planning objectives of
each of the elements of the Growth Management Plan for the following reasons:
Naples Botanical Garden Inc. properties located in Section 23, Township 50 South, and Range
25 East and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map shall be
developed with a botanical garden or other non~residential uses according to the Future Land Use
Element. Therefore, Naples Botanical Garden with its recreational and open space uses and
accessory commercial and residential uses may be found consistent with the Future Land Use
Element of the Collier County Growth Management Plan.
The subject property's location in relation to the existing or proposed community facilities and
services supports the projects non-residential development as required in Objective 2 of the
Future Land Use Element.
o
The proposed development is compatible with 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.
TheXproposed development will result in an efficient and economical extension of community
facilities and services as required in Policy 3.1. G of the Future Land Use Element.
The project is planned to incorporate natural systems for water management purposes in
accordance with their natural functions and capabilities as required by Objective 1.5 of the
Drainage Sub-Element of the Public Facilities 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 in Division
3.15 of the Collier County Land Development Code (LDC) and further required by policy 2.3 of
the Future Land Use Element.
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SECTION Il
PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF
UNIFIED CONTROL
2.1 Property Ownership
The property is owned by Naples Botanical Garden Inc.
2.2 Legal Description
Section 23, Township 50 South, Range 25 East, Collier County, Florida, and, more
particularly, described in Exhibit "B', referenced and incorporated herein.
2.3 General Description o£Propert¥
The property contains + 161 acres generally located at the southwest comer of the intersection
o£Bayshore Drive and Thomasson Drive and + 10 acres located on the east side o£Bayshor¢
Drive.
2.4
Physical Description
The subject property at the time of the application for rezoning is generally vacant, except for
a commercial structure zoned for the C-3 Commercial Intemmdiate District located at the
sotithwcst comer of Bayshore Drive and Thomasson Drive, which is proposed to be used
the administration and education building for the Naples Botanical Garden PUD. This site
currently drains from the northeast to the southwest. Soil types on the site are (7) Immokalee
Fine Sand, (15) Pomello Fine Sand, (17) Basinger Fine Sand, (53) Estero and Peckish Soils.
The property is located in Flood Zones AE-9 and AE-10.
Existing Zoning
The zoning classifications prior to the date of approval of this PUD were C-3/RSF-5/RMF-
6/RSF-3/RSF-4 and the CDC PUD. The legal description of the property being rezoned from
PUD "CDC" to PUD "Naples Botanical Garden" is attached as Exhibit "B 1" referenced and
incorporated herein.
Short Title
2.5
2.6
This Ordinance shall be known and cited as the "Naples Botanical Garden Planned Unit
Development Ordinance".
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.
4
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3.1
SECTION III
STATEMENT OF INTENT AND PROJECT DESCRIPTION
Introduction
3.2
3.3
It is the intent of this Ordinance to establish a Planned Unit Development meeting the PUD
requirements as set forth in Section 2.2.20 of the Collier County LDC. 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 contains +171 acres and includes land area for Naples Botanical Garden and
related institutional (education and research), open space, recreational, preserve areas and
accessory retail uses.
Access will be provided from both Bayshore Drive and Thomasson Drive and is depicted on
the PUD Master Plan, Exhibit "A".
Land Use Plan and Project Phasing
The PUD Master Plan provides for conceptual use areas for the Naples Botanical
Garden PUD including open space, recreational use areas and areas for institutional
uses including water management areas and areas for accessory commercial uses as
depicted on the PUD Master Plan. The PUD 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. All tracts may be combined or developed separately subject to
compliance with the applicable dimensional requirements contained within this
Document.
Bo
The anticipated time of build-out of the project is approximately twelve (12) years
from the time of issuance of the first building permit, or 2015 depending upon fund-
raising capabilities. However, actual build-out will depend on market conditions.
5
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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 Naples Botanical Garden PUD and Master Plan.
4.1 General
4.2
4.3
The following are general provisions applicable to the PUD:
Regulations for development of the Naples Botanical Garden 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 LDC and the Collier County
Growth Management Plan in effect at the time of issuance of any development order
to which said regulations relate which authorize the construction of improvements.
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 of the developer 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 Naples Botanical Garden PUD shall become part of the
regulations that 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 Division 3.15, Adequate Public
Facilities, of the LDC.
Unless specifically waived through any variance or waiver provisions of any other
applicable regulations, the provisions of those regulations not otherwise provided for
within this PUD remain in full force and effect.
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.
Easements for Utilities
Easements, where required, shall be provided for water management areas, utilities and other
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4.4
4.5
4.6
purposes as may be required by Collier County. All necessary easements, dedications or
other interests shall be granted to ensure the continued operation and maintenance of all
services and utilities. This will be in compliance with the applicable regulations in effect at
the time site plan approvals are requested in accordance with the requirements of Division
3.3 of the LDC.
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.
Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section
2.7.3.5 of the Collier County LDC in effect at the time the amendment is requested.
Proiect 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 (if required)
shall be submitted for the entire area covered by the PUD Master Plan. All division of the
property and the development of the land shall be in compliance with the subdivision
regulations set forth in Division 3.2 of the LDC.
Prior to the recording of the final subdivision plat, when required by the subdivision
regulations set forth in Division 3.2 of the LDC, final plans of the required improvements
shall receive the approval of all 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
Division 3.3, Site Development Plans, shall be applied to all platted parcels, where
applicable.
Should no subdivision of land occur, Division 3.3 of the LDC shall be applicable to the
development of all tracts as shown on the PUD Master Plan.
Provision for Off-site Removal of Earthen Material
The excavation of earthen material and its stockpiling necessary for the construction of water
management facilities, or to otherwise develop water bodies, is hereby permitted. If there is
a surplus of earthen material remaining on site upon conclusion of excavation activities, off-
site disposal is also hereby permitted subject to the following conditions:
A. Excavation activities shall comply with the definition ora "development excavation"
pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10)
percent of the total volume excavated up to a maximum of 20,000 cubic yards.
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4.7
4.8
4.9
4.10
4.11
4.12
A timetable to facilitate said removal shall be submitted to the Development Services
Director for approval. Said timetable shall include the length of time it will take to
complete said removal, hours of operation and haul routes.
C. All other provisions of Division 3.5 of the LDC are applicable.
Sunset and Monitoring Provisions
Naples Botanical Garden 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, however,
the Naples Botanical Garden PUD shall remain in effect and not subject to PUD Sunset
Review for a minimum of six (6) years even though development may not have commenced.
Native Vegetation
The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and
Preservation, of the LDC for the subject property.
Open Space
In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space
will be allocated within each subsequent development area. Open space may be in the form
of landscaping, additional 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.
Archaeological Resources
The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological
resources in the event such resources are found 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 Naples Botanical Gardens.
Off-Street Parking and Loading
All off-street parking and loading facilities shall be in accordance with Division 2.3 of the
Collier County Land Development Code. However, with regard to the total number of
parking spaces to be provided for visitor parking, research facilities, special events and
maintenance and nursery areas, the required number of spaces shall be those shown on the
PUD Master Plan Exhibit "A".
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4.13
4.14
Also included in the + twelve (12) acres of parking area to be provided for the Naples
Botanical Garden PUD is a site comprising ten (10) acres on the east side of Bayshore Drive.
A portion of this area may also be used for overflow parking for both cars and buses as the
need may arise. Additional parking areas may be permitted based upon future needs.
Landscaping
All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier
County Land Development Code. However, the proposed plant material for the Naples
Botanical Garden PUD shall be exempt from the requirements of Section 2.4.4.1 of the LDC,
as may be amended, that requires any percentage of the trees and shrubs to be native Florida
species. The Naples Botanical Garden PUD is a unique land use designed to reflect the
diversity of gardens from around the world.
Design Guidelines
mo
Development of structures within the Naples Botanical Garden PUD, due to their
unique characteristics in a natural setting, shall comply with the Purpose and Intent
Section of Division 2.8, Architectural and Site Design Standards of the LDC only.
Structures within the Naples Botanical Garden PUD will not be consistent with the
actual architectural guidelines of Division 2.8. However, the following requirements
shall apply:
Structures shall comply with Section 2.8.2.5, Non-Commercial Development
of the LDC.
Structures shall comply with Section 2.8.5, Exceptions and Interpretations of
the LDC where necessary to allow for innovative design of structures within
Naples Botanical Garden.
Decorative walls and fencing shall be provided in accordance with the standards of
Section 2.6.11.4.2 of the LDC. At a minimum, the two out-parcels depicted on the
PUD Master Plan and the overflow parking area on the east side of Bayshore Drive
shall meet the requirements of Section 2.6.11.4.2 of the LDC for a decorative wall.
All signage shall be in accordance with Division 2.5 of the LDC. However, the
following alternate standards shall apply.
The Naples Botanical Garden PUD shall be permitted to install off-site
directional signs and banners for temporary events along the length of
Bayshore Drive from Naples Botanical Garden to US 41. Off-site directional
signs and banners are also permitted the length of Thomasson Drive from
Naples Botanical Gardens to US 41. Such signs and banners maybe installed
for the duration of an event plus two days prior to its commencement. A
maximum of four (4) off-site directional signs are permitted: two (2)' on
9
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o
o
o
Bayshore Drive and two (2) on Thomasson Drive. A permit shall be issued
annually for the placement of these signs that include all special events
occurring in that year until the renewal of the permit the following year.
All signs within the Naples Botanical Garden PUD that are not visible by the
public from the surrounding right-of-way are exempt from Division 2.5 of the
LDC, as amended, provided these signs are part of a unified sign plan.
The Naples Botanical Garden PUD shall be permitted to install 25 foot high
lampposts with provision for street and sidewalk illumination as well as
floodlit banners pertaining to current displays and events within the Naples
Botanical Garden PUD, provided that the lamp posts and banners are located
along the western side of Bayshore Drive adjacent to the Naples Botanical
Garden PUD.
An entrance sign at the intersection of Bayshore Drive and Thomasson Drive
shall be permitted with a maximum height of ten (10) feet and extending 40
feet on either side of the intersection. Letters shall be 30 inches in height, and
the maximum size occupied by the letters shall be 63 square feet on each face
of the sign.
An entrance sign is also permitted at the main entrance along Bayshore Drive
and shall have 48-foot wide arches with 30-inch letters and shall be 25 feet in
height. The maximum size occupied by the letters shall be 120 square feet.
After the dedication of right-of-way to Collier County for improvements to
Bayshore Drive, the existing wall that will include future signage for the
Naples Botanical Garden PUD shall be set back 3 feet from the new right-of-
way line on Bayshore Drive.
10
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5.1
PURPOSE
SECTION V
PRESERVE AREA REQUIREMENTS
5.2
The purpose of this Section is to identify development standards for the Preserve Areas as
shown on Exhibit "A", PUD Master Plan.
PERMITTED USES
The PUD Master Plan provides for +56.0 acres for upland and wetland Preserve Areas.
Minor adjustments may be made to the boundaries of Preserve Areas based on wetland
permitting considerations.
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 Uses and Structures:
2.
3.
4.
5.
Passive recreation areas.
Nature trails and boardwalks.
Water management structures..
Native preserves and wildlife sanctuaries.
Supplemental landscape planting, screening and buffering within the Preserve
Areas, after the appropriate environmental review.
6. Viewing areas, platforms, covered shelters and birding towers.
7. Interpretational signage.
Any other general commercial use which is comparable in nature with the foregoing
list of commercial uses and is consistent with the permitted uses and Purpose and
Intent Statement of this PUD, as determined by the Board of Zoning Appeals.
11
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SECTION VI
PERMITTED USES AND DIMENSIONAL STANDARDS FOR THE NAPLES BOTANICAL
GARDEN PUD
6.1 Purpose
The purpose of this Section is to identify the permitted uses and development standards for
areas within the Naples Botanical Garden PUD.
6.2 Development Parameters
The PUD Master Plan, Exhibit "A", depicts the proposed use areas. The maximum
development intensity is based on a floor area ratio (F.A.R.) of .05 which translates to a
maximum square footage of 372,438 square feet. Institutional, recreational, administrative,
research and educational facilities, accessory retail and housing uses including other support
facilities are included uses within the 372.438 square feet. Within the allotted development
intensity there will be a 200 seat caf6 within a 5,000 square foot structure and indoor and
outdoor seating areas. An accessory retail use area of up to 5,000 square feet shall also be
permitted within the entrance building. Dormitory housing for the research center also is
included within the total maximum permitted floor area.
6.3 General Description
The PUD Master Plan generally designates the following uses:
AREA
+ ACRES 4- PERCENTAGE
1. Building Footprints 3.0 4- 1.8%
2. Sidewalks and Paths 8.1 + 4.7%
3. Parking 12.1 + 7.1%
4. Lagoon 10.3 + 6.3%
5. Lakes 14.5 4- 8.5%
6. Preserve Area 56.4 + 32.9%
7. Open space/Garden and Landscape
Area 66.8 4. 39.0%
Total Site Area
171.2 + 100.0%
The approximate acreage and location of the use areas are depicted on the PUD Master Plan.
Actual acreage of all development areas will be provided at the time of site development
plan or final subdivision plat approval in accordance with Division 3.3, and Division 3.2,
respectively, of the Collier County LDC. All areas within the Naples Botanical Garden PUD
are designed to accommodate internal pathways and roadways, open spaces, recreational
12
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6.4
amenity areas, water management facilities, parking areas and other similar uses typically
found in a botanical garden.
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:
A. Principal Uses:
4.
5.
6.
Accessory Uses and Structures
1.
3.
4.
5.
6.
7.
o
Arboreta and botanical garden (group 8422)
Amusement and recreational services (natural wonders and tourist attraction:
commercial only) and exhibition operation (group 7999)
Non-commercial research organizations (group 8733)
Commercial, physical and biological research (group 8731)
Commercial, economic, sociological, educational research (group 8732)
Auditoriums
Water transportation of passengers (group 4489) including an internal
passenger system for ground transportation
Automobile parking (group 7521)
Gift, novelty and souvenir shops (group 5947)
Eating places (group 5812)
Bakeries (group 5461)
Special events such as fund raising, weddings, and group gatherings.
Ticket sales and promotional activities (group 7922) for the Botanical
Gardens only.
Theatres (group 7832) for the Botanical Gardens only.
Maintenance and nursery areas.
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6.5
10. Pavilions and viewing areas.
11. Lakes and water management areas.
12. Directional and information signage.
13. Food service carts and food service for special events.
14. Dormitory housing for the research center.
Any other general commercial use which is comparable in nature with the foregoing list of
commercial uses and is consistent with the permitted uses and Purpose and Intent Statement
of this PUD, as determined by the Board of Zoning Appeals.
Development Standards
A. Maximum Building Height
All principal structures shall be permitted to have a maximum height of three (3)
habitable stories. However, the Tropical Rainforest Conservatory shall be pemfitted
to be eighty-five (85) feet in height to the eave and one hundred and twenty (120) feet
to the peak. Accessory structures shall be permitted a maximum height of twenty-
five (25) feet.
B. Minimum Setbacks
A minimum setback of fifty (50) feet shall be maintained on all sides of the property
for principal structures. However, the existing administration building located at the
intersection of Bayshore Drive and Thomasson Drive shall be permitted a minimum
setback of fifteen (15) feet from Bayshore Drive after the optional conveyance of
right-of-way for the widening of Bayshore Drive. Maintenance structures along
Bayshore Drive shall be permitted a minimum setback of thirty (30) feet. Accessory
structures shall be set back twenty (20) feet from property lines where landscaping
buffers are required.
C. Minimum Lot Area
No minimum lot sizes are required for the Naples Botanical Garden PUD.
D. Distance Between Principal Structures
The minimum distance between principal structures shall be one-half the building
height. However, where covered decks, walkways, and canopies connect buildings,
there shall be no separation required between principal structures.
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SECTION VII
7.1
DEVELOPMENT COMMITMENTS
Environmental Standards
The purpose of this Section is to set forth the environmental commitments of the project
developer.
Vegetative preserve areas depicted on the PUD Master Plan are permitted for open
space and passive recreational uses along with the other uses permitted in Section V
of this Ordinance. Vegetated preserve areas may be reconfigured provided all other
applicable requirements of this Ordinance are met. Ali preservation areas shall be
designated as preservation tracts or conservation easements on all construction plans
and, if the project is platted, shall be recorded on the plat with protective covenants
per or similar to Section 704.06 of the Florida Statutes.
Bo
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 Staff.
Native vegetation preservation shall conform to the requirements of Subsection
3.9.5.5.3 of the Collier County LDC.
Do
An exotic vegetation removal, monitoring and maintenance (exotic free) plan shall be
submitted to the Current Planning Staff for review and approval prior to final site
plan/construction approval. A schedule for exotic removal within all Preservation
Areas shall be submitted with the above-mentioned plan.
The developer shall comply with the applicable guidelines and recommendations of
the I,j.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 these protected species shall be submitted to Current Planning Staff for
review and approval prior to final site plan/construction approval.
The developer shall be subject to all Collier County environmental ordinances in
effect at the time of development order approvals to which said regulations relate.
Setbacks from preserve areas shall be in accordance with the requirements of Section
3.2.8.4.7.3 of the LDC.
15
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7.2 Transportation
The development of this PUD shall be subject to and governed by the following stipulations:
All traffic control devices and design criteria used shall be in accordance with the
Minimum Standards, as amended, and as adopted by the Florida Department of
Transportation (FDOT), and as required by Florida Statutes - Chapter 316, Uniform
Traffic Control Law.
Co
Do
Fo
Arterial level street lighting shall be provided at project entrances for the
main/visitors parking lot, events parking lot and research/education parking lot. Said
lighting must be in place prior to the issuance of the first permanent Certificate of
Occupancy (CO) pertaining to that phase of construction.
External and intemal 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. All such improvements shall be in place prior to
the issuance of the first CO pertaining to that phase of construction.
Road Impact Fees will be paid in accordance with Collier County Ordinance 03-13,
as amended, and Division 3.15 of the LDC, as amended, unless otherwise approved
by the Collier County Board of County Commissioners.
Any and all points of ingress and/or egress as shown on any and all plan submittal(s),
are conceptual in nature and subject to change as determined by Collier County
Transportation Staff. Collier County Transportation Staff reserves the right to
modify, or close any ingress and/or egress location(s) determined to have an adverse
affect on the health, safety and welfare of the public. These include, but are not
limited to, safety concems, operational circulation issues and roadway capacity
problems.
Any and all median opening locations will be in accordance with the Collier County
Access Management Policy, as amended, and the LDC, as amended. Median access
and control will remain under Collier County Transportation Staff authority. The
Collier County Transportation Staffreserves the right to modify or close any median
opening(s) determined to have an adverse affect on the health, safety and welfare of
the public. These include, but are not limited to, safety concerns, operational
circulation issues and roadway capacity problems.
Nothing in any development order will vest the right of access over and above a right
in/right out condition. Neither will the existence of a point of ingress, egress and/or
median opening, nor the lack thereof, be the basis for any future cause of action for
damages against the County by the developer(s), its successor(s) in title,, or
assignee(s).
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Ho
The developer shall provide 5-foot wide sidewalks inclusive of bike lanes along the
length of its property limits on Fern Street, Thomasson Drive and Bayshore Drive
consistent with LDC provisions and the following:
All sidewalk and bike lane design criteria used shall be in accordance with
the Minimum Standards, as adopted by the Florida Department of FDOT -
Design Standards, as amended, as required by Florida Statutes - Chapter 316,
Uniform Traffic Control Law.
The developer shall provide a 5-foot wide sidewalk along the length of its
property limits on Fern Street, Thomasson Drive and Bayshore Drive to a
point opposite the overflow parking lot at which point a painted cross walk
across Bayshore Drive shall be provided. Five-foot wide sidewalks shall be
constructed in accordance with County Standards. No sidewalk nor sidewalk
mitigation shall be required where Bayshore Drive abuts a preserve area.
o
Phase I will include a sidewalk along the west side of Bayshore Drive from
Bayshore Drive and Thomasson Drive to the project's main entrance.
Another sidewalk will be provided along the south side of Thomasson Drive
from the intersection of Thomasson Drive and Bayshore Drive to the existing
entrance into the parking lot. All other sidewalks shall be provided in two (2)
year increments as each phase is completed and not to exceed a total period
of six (6) years.
The developer shall provide a fair share contribution toward the capital cost of a
traffic signal at the intersection of Bayshore Drive and Thomasson Drive, if justified
by appropriate traffic warrants.
The developer(s) shall provide any and all site related transportation improvement(s)
including, but not limited to, any and all necessary turn lane(s) improvement(s) at the
development entrance(s) prior to the issuance of the first permanent CO. Said
improvements are considered site related, and therefore, do not qualify for impact fee
credits. When said turn lane improvement(s), whether left mm lane(s) and/or right
turn lane(s), are determined to be necessary, right-of-way and/or compensating right-
of-way, shall be provided in conjunction with said improvement(s), as determined by
the Collier County Transportation Staff. The subject development turn lane
improvements shall be as follows:
On the west approach of Thomasson Drive, the separate left turn lane for the
eastbound to northbound traffic movement onto Bayshore Drive shall be
lengthened as required to facilitate left tums at this intersection for vehicles
exiting onto Thomasson Drive.
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7.3
Lo
No
On the south approach of Bayshore Drive, an additional lane for the
northbound traffic shall be provided to facilitate through, left turn and right
turn movements at Thomasson Drive. This additional lane shall extend south
from Thomasson Drive to the Main Entrance/Visitor Parking Area
(approximately 960 feet).
On the north approach of Bayshore Drive, a separate right turn lane for the
southbound to westbound traffic movement into the Main Entrance/Visitor
Parking Area shall be provided.
On the south approach of Bayshore Drive, a separate left turn lane for the
northbound to westbound traffic movement into the Main Entrance/Visitor
Parking Area shall be provided if said improvement is determined necessary
after the overflow parking facility on east side of Bayshore Drive is
improved/opened.
All turn lane design criteria shall be in accordance with the minimum standards as
adopted by the Florida Department of Transportation (FDOT) - Design Standards, as
amended, as required by Florida Statutes - Chapter 316, Uniform Traffic Control
Law. The turn lane queue length determinations shall be in accordance with the
criteria/calculations within the Highway Capacity Manual - Chapter 17.
All work within the Collier County right-of-way shall meet the requirements of
Collier County Right-of-Way Ordinance.
If a gate is proposed at any and/or all development entrance(s), the gate shall be
designed so as not to cause vehicles to be backed up onto any and all adjacent
roadways. Gates shall be recessed a minimum of 50 feet from the edge of the public
roadway for the main/visitor's entrance, the research/education entrance and
overflow parking entrances. Gates at other locations shall be a minimum of 25 feet
from the edge of the roadway.
Utility Requirements
The purpose of this Section is to set forth the utilities and engineering commitments of the
project developer.
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Water distribution facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with the requirements of the City of
Naples. Sewage collection facilities shall be designed, constructed and maintained in
accordance with Collier County Ordinance No. 01-57, as amended, and other
applicable County rules and regulations.
B°
All customers connecting to the County's sewage collection facilities to be
constructed will be customers of the County and will be billed by the County in
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7.4
7.5
accordance with the County's established rates.
Because of the remote nature of some of the facilities, multiple sewer and water
connections may be provided to serve the various components of the project.
Engineering Requirements
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Co
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
and until approval of the proposed construction in accordance with the submitted
plans is granted by the Development Services Department.
A copy of the SFWMD Surface Water Management Permit shall be received by the
Development Services staff prior to any construction drawing approvals.
The developer and all subsequent owners of this project shall be required to satisfy
the requirements of all County Ordinances in effect prior to or concurrent with any
subsequent development order relating to this site, including but not limited to site
development plan and any other approvals that will result in the issuance of a final
development order.
Stormwater Management Requirements
The purpose of this Section is to set forth the water management commitments of the project
developer.
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Co
Do
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 20 feet from side, rear or abutting
property lines, with side, rear or abutting property lines fenced.
Landscaping may be placed within the water management area in accordance with the
criteria established within Section 2.4.7.3 of the LDC.
The wet season water table elevation shall be established at the time of South Florida
Water Management District (SFWMD) permitting which is required for the subject
property.
A surface water management permit must be obtained from the SFWMD prior to
site plan approval.
The Collier County Stormwater Section Staff shall review and approve the
stormwater system.
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o~
EXHIBIT "B"
PROPERTY DESCRIPTION
LOTS 60, 61, 62, 63, 64, 65, 66, 67, 68, 69 AND 95 OF NAPLES GROVE AND TRUCK
COMPANY'S LITTLE FARMS NO. 2 ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 1 AT PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LESS AND EXCEPT THE EAST 5.00 FEET OF SAID LOTS 60, 61, 62 AND 63;
AND LESS AND EXCEPT THE WEST 260.00 FEET OF THE SOUTH 534.00 FEET OF SAID
LOTS 60 AND 61; AND LESS AND EXCEPT THE WEST 160.00 FEET OF SAID LOT 60;
AND LESS AND EXCEPT THE NORTH 50.00 FEET OF SAID LOT 60 FOR ROAD RIGHT-
OF-WAY; AND LESS AND EXCEPT THE EAST 663.62 FEET OF THE NORTH HALF OF
SAID LOT 64; AND LESS AND EXCEPT THE EAST 220.00 FEET OF THE SOUTH HALF
OF SAID LOT 69, LESS THE NORTH 40.00 FEET THEREOF; AND LESS THE WEST
370.00 FEET OF THE EAST 660.00 FEET OF THE SOUTH HALF OF SAID LOT 69.
AND
A PORTION OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTH QUARTER CORNER OF SECTION 23, TOWNSHIP 50
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°00'07"E.,
ALONG THE EAST LINE OF THE NORTHWEST .QUARTER OF SAID SECTION 23, FOR
A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE
OF THOMASSON DRIVE, A 100.00 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN
ON THE STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR
STATE, ROAD S-858, SECTION 0353-150, COLLIER COUNTY, FLORIDA, AND THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
S.89°58'53"W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF THOMASSON
DRIVE, FOR A DISTANCE OF 1222.48 FEET TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY,
ALONG SAID RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE
LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF
89°54'49'', SUBTENDED BY A CHORD OF 70.66 FEET AT BEARING OF S.45°01 '28"W.,
FOR A DISTANCE OF 78.46 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY
LINE OF FERN STREET, A 100.00 FOOT RIGHT-OF-WAY; THENCE RUN S.00°04'04"W.,
ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FERN STREET, FOR A DISTANCE
OF 1252.48 FEET; THENCE RUN S.00°20'38'W., ALONG THE EASTERLY RIGHT-OF-
WAY LINE OF FERN STREET, FOR A DISTANCE OF 983.71 FEET TO A POINT 30.00
FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EASTERLy
PROLONGATION OF THE CENTERLINE OF BAY STREET AS THE SAME IS SHOWN
ON THE PLAT OF NAPLES BAYVIEW ADDITION NO. I ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 4 AT PAGE 20 OF THE PUBLIC RECORDS OF'
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COLLIER COUNTY, FLORIDA; THENCE RUN S.89°48'55''E. FOR A DISTANCE OF
300.00 FEET; THENCE RUN S.00°20'38''W. FOR A DISTANCE OF 60.00 FEET; THENCE
RUN S.89°48'55''E. FOR A DISTANCE OF 980.30 FEET TO A POINT ON THE EAST LINE
OF THE NORTttWEST QUARTER OF SAID SECTION 23, SAID POINT BEING LOCATED
30.00 FEET SOUTHERLY OF, AS MEASURED ALONG THE EAST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 23, THE NORTHWEST CORNER OF LOT
67 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2 ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 27 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.00°00'07"W., ALONG
THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, FOR A
DISTANCE OF 2350.64 FEET TO THE POINT OF BEGINNING.
BEARINGS REFER TO THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION
23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING
N.00o00'07"W.
PROPERTY AREA: 171.245 ACRES, MORE OR LESS.
21
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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. 2003-29
Which was adopted by the Board of County Commissioners on
the 24th day of June, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th day
of June, 2003.
DWIGHT E. BROCK
Clerk of Courts a~,d' Clerk
Ex-officio to'~ B:~ard' of
County CO~ni'.'~'s'iQners%~' ~
By: Marle~.~ el'os, ....... ~ ..'~ ~
Deputy' 61 ef~ ~]]'~>>~,,./