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Ordinance 2004-40 ORDINANCE NO. 04- 40 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 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 9515N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF-4" RESIDENTIAL SINGLE F AMIL Y AT FOUR UNITS PER ACRE AND "PUD" PLANNED UNIT DEVELOPMENT TO "POO" PLANNED UNIT DEVELOPMENT KNOWN AS THE GOODLETTE CORNERS PUD HAVING THE EFFECT OF AMENDING THE PUD TO INCREASE THE ACREAGE FROM 8.5±: ACRES TO 8.8±: ACRES, FOR PROPERTY LOCATED IMMEDIATELY WEST OF THE EXISTING GOODLETTE CORNERS POO, IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 02-08, THE FORMER GOODLETTE CORNERS POO; AND BY PROVIDING AN EFFECTIVE DATE. :t;! r- 1"-,) ~ C:.,;, .J:- c_ r-- .::;; -- *..." . -- ~ E r- .J:;. ~_... 5;- :-' en ¡::'; f\.) U).' n-¡ .c CO nl-J :'1S' .:%:Ia r- .; ::r: aU) .--. ~ j;! ;; D-.¡ c...r; :.r:... n-i Gì f71 i.~ ~~ WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing Robert A. Soudan, Sr., 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 15, Township 49 South, Range 25 East, Collier County, Florida, is changed from "POO" and "RSF-4" to "POO" Planned Unit Development in accordance with the POO Document attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9515N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 02-08, ;mown as the Goodlett Corners POO adopted on February 26, 2002, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. - 1 - SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier /Jj . County, Florida, this ,,;{1 áay of J wI Ž , 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~~ d~. DONN FIALA, CHAIRMAN bj: ,:;i,:.;·~':.~;;/\ OC . ~ '~ ~ : { . " . < ~~ ~.£.;:; _ ~'C/..,' '/ /~\......-. A~t·'~!~~.ò!3~.ànq . Legal'SJtfñèìà~,,"" \ '" ~:""",~" ..t ~':- .' ' lJì.' QAA1:-')-)1'.'~ Marj~ M. Student' Assistant County Attorney . filed with thp. This ordtnof"CSet te's OfUc~ ~r-e .~atY 0 a ~dt;œf::- ~. day of ~, that af'\CI ocknow\lAge~~t dÞy flUng received thiS ~ .G. PUDZ-A -2003-AR-4 788/M B/lo - 2 - .....~ _.,.~_.._ ~_M' ...._ .,~.._."_____._~,,,___.___ GOODIEnE CORNERS PUD A PlANNED UN'T DEVElOPMENT PREPARED FOR: PINE RIDGE REDEVELOPMENT GROUP C/O AMY ASHBY 1298 PINE RIDGE ROAD NAPLES, FLORIDA 34108 and ROBERT SOUDAN 800 FRONTAGE ROAD NORTHFIELD, ILLINOIS 60093 PREPARED BY: D. WAYNE ARNOLD, AICP a. GRADY MINOR AND ASSOCIATES, P.A. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34135 And RICHARD D. YOV ANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 N. T AMIAMI TRAIL, SUITE 300 NAPLES, FLORIDA 34103 3~Ci r-"...) r- r-· ~) r- :-: C::.J ..".. ")0" ..¡;;,- ~ :..~,- 5=~ $;=: ~ C/) -.. (I) " I"\) n-¡ ;;.,:: co ['1- " -- r- ~rr¡ 9 0 ;::J r-, Go-; .;::;:-." :::=þ: t;::¡ -; Cll Þ 1-", .:." DATE FILED Februarv 26, 2002 DATE REVISED Auaust 28,2003 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER ~OOtf-40 EXHIBIT "A" TABLE OF CONTENTS PAGE LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS ii 1-1 2-1 3-1 4-1 G:\CurrentIBosi\bosi-doeuments\goodlette eorners-4788\Goodlette CO!'Twrs PUD doeume~! 'ised post eepe.doe EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D" LIST OF EXHIBITS PUD MASTER PLAN LEGAL DESCRIPTION LIST OF PROPERTY OWNERS CONCEPTUAL ARCHITECTURAL ELEVATION STATEMENT OF COMPLIANCE The development of approximately 8.8± acres of property in Collier County, as a Planned Unit Development to be known as the Goodlette Corners 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 Goodlette Corners PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Urban Mixed Use District, Urban Residential Sub-District as shown on the Future Land Use Map and meets the requirements of the Office and In-fill Commercial Sub-District of the Urban - Mixed Use District in the Future Land Use Element. The Future Land Use Element permits commercial land uses on the subject land since the project meets the requirements of the Office and In-fill Commercial Sub-District by: fronting on a collector or arterial roadway, abutting commercial zoning along its western boundary, the depth of proposed commercial uses does not exceed the depth of the abutting commercial uses, the project will be served by public water and sewer, the project will be compatible with existing and permitted future land uses on surrounding properties, and the subject land area is less than twelve acres. 2. 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. 3. The project development's proposed uses and perimeter buffering will allow it to be compatible and complimentary to surrounding land uses, as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the Future Land Use Element. 5. 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. 6. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County LDC. 8. The easternmost property zoned C-1 was reviewed under the Zoning Reevaluation Program and is deemed consistent by Future Land Use Element Map 10. 11 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 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 Goodlette Corners PUD. 1.2 LEGAL DESCRIPTION The subject property being 8.8± acres, is located in Section 15, Township 49 South, Range 25 East, and is fully described as on Exhibit "B". 1.3 PROPERTY OWNERSHIP The subject property is owned by numerous property owners. A complete breakdown is shown on Exhibit "C". 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the southwest corner of the intersection of Goodlette-Frank Road and Pine Ridge Road (unincorporated Collier County), Florida. B. The approximate western 1/3 acre of the site is currently zoned RSF-4 and is vacant. The balance of the site is currently zoned PUD and is occupied by Lock-up Storage Suites and older structures and legal non- conforming C-3, C-5, and light industrial land uses. The entire subject property is proposed to be rezoned to PUD for commercial land uses. 1.5 PHYSICAL DESCRIPTION The project is located within the Gordon River Drainage Basin as shown on the Collier County Drainage Atlas. Runoff from the site will flow southerly to the Gordon River System. The project will be designed for a 3-day, 25-year storm event for minimum road crown elevations and a 3-day, 1 DO-year discharge for minimum finished floor elevations, in accordance with the Rules of the South Florida Water Management District. Estimated site elevations, as provided on the U.S.G.S. map, range from 12 feet NGVD to 14 feet NGVD, with an average existing grade 0(13 feet NGVD. The site is within Flood Zone "X", per the Flood Insurance Rate Maps. 1-1 Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is #32 - Urban land. The site has scattered slash pines, australian pines, ficus, oaks, and exotics, such as melaleuca trees. Except for the melaleuca trees, all of these trees were likely planted by the property owners. 1.6 PROJECT DESCRIPTION The Goodlette Corners PUD is a project comprised of 8.8 acres designated for commercial land uses, consisting of: office, seNice, and low to moderate intensity retail land uses. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Goodlette Corners Planned Unit Development Ordinance". 1-2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 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. 2.2 GENERAL A. Regulations for development of the Goodlette Corners 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 LDC and Growth ManaGement Plan in effect at the time of issuance of any development ordc ~ 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 LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Goodlette Corners PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. D. 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. E. 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 LDC. 2-1 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES Commercial uses are limited to 8.8±acres. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Subdivision of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3,2, Subdivisions, of the LDC, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans, of the LDC, 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. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. Temporary sales 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 Subsection 2.6.33.3 of the LDC. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and it's stockpiling in preparation of water management facilities or to otherwise develop water bodies are hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Subsection 3.5.5.1.3 of the LDC, whereby off-site removal shall be limited to 10% of the total volume excavated, but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5, Excavation,of the LDC shall apply. 2-2 2.7 DESIGN GUIDELINES AND STANDARDS The site will be a master planned site having common and shared vehicular and pedestrian access throughout. All buildings constructed within the Goodlette Corners PUD shall be subject to Division 2.8 of the LDC, Architectural and Site Design Standards and Guidelines. All buildings throughout the project shall have compatible design elements. Buildings shall contain unifying elements such as roof treatments, building materials, color scheme, landscaping and sign age. Rear building elevations shall have similar design treatments as provided on front elevations. In addition to the above criteria, the indoor climate controlled self-storage facility shall be designed so that no external storage unit door faces Pine Ridge Road, and it shall be constructed in conformance to the architectural details shown in Exhibit D. 2.8 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance and PUD Master Plan as provided in Subsection 2.7.3.5 of the LDC. PUD amendments having the effect of modifying a development standard, permitted use, development commitment or PUD master plan that is specific to an individual development tract(s), may be applied for by the owner(s) of that development tract(s). The amendment(s) that are approved shall only apply to the tract(s) whose owner or agent applied for the amendment(s) and not to any tract(s) whose owner or agent did not apply for the amendment(s). 2-3 SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Commercial Areas as shown on Exhibit "A", PUD Master Plan. 3.2 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 8.8±acres. 3.3 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: AREA "A": A. Permitted Principal Uses and Structures: 1. Amusement and recreation services (groups 7911 (excluding discotheques and dance halls) and 7991). 2. Apparel and accessory stores (groups 5611 - 5699). 3. Auto supply stores (group 5531, only automobile accessory dealers shall be permitted). 4. Auto rental and services (group, 7515). 5. Business services (groups 7311, 7313, 7322 - 7338, 7361, 7371 - 7384, 7389; only interior decorating/design, mapmaking, notary public, paralegal service, and postal service contract stations shall be permitted). 6. Depository and non-depository institutions (groups 6021-6199). 7. Eating places (group 5812 except, industrial feeding, contract feeding and commissary restaurants) and drinking places (group 5813 cocktail lounges only in conjunction with a restaurant.) Subject to the following restrictions: 3-1 a) Fast food and drive through restaurants shall be prohibited in the PUD. b.) Eating places shall be permitted in Areas "A" and "B" and further restricted to only those establishments primarily involved in preparation of breakfast, lunch or catered items with customer service hours between 6:00 a.m. and 6:00 p.m. c) Area "C" as shown on the Master Plan shall permit full-service sit-down restaurants. Alcoholic beverage service, other than that consumed in conjunction with dining, shall be restricted to an area not exceeding 15% of the restaurant's square footage, and shall not provide alcoholic beverage service beyond the normal hours of operation of the restaurant's full-service food preparation and dining activities. 8. Educational services (groups 8231 - 8249 (no exterior instruction of motorized equipment), 8299). 9. Food stores (groups 5411 - 5499). 10. General merchandise stores (groups 5331- 5399). 11. Health services (groups 8011 - 8059, 8071 -8092, and 8099). 12. Holding and other investment offices (groups 6712 - 6799). 13. Home furniture, furnishings and equipment stores (groups 5712 _ 5736) . 14. Insurance carriers, agents, brokers, and services (groups 6311 _ 6399, 6411). 15. Legal services (group 8111). 16. Membership organizations (groups 8611, 8621, 8641 -8651). 17. Miscellaneous repair (groups 7622, 7629 - 7631, 7641 only for antique furniture and home accessory repair and restoration, 7699 but only bicycle repair, camera repair, locksmiths, luggage repair, medical/ dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). 18. Miscellaneous retail (groups 5912, 5921, 5932 (antiques only), 5941 - 5949, 5992, 5994 - 5999 (except auction rooms, monument and tombstone sales). 19. Video tape rental (7841). 3-2 20. Museums and art galleries (group 8412). 21. Paint, glass, wallpaper, hardware, and garden supply (groups 5231-5261 ). 22. Personal services (group 7212 dry-cleaning and laundry pick-up stations only,) (7217, 7219 - 7291, 7299 (only car title and tag service, diet workshops, tuxedo rental, and tanning salon). 23. Professional offices, research, and management consulting services (groups 8711 -8721, 8732 - 8743, 8748). 24. Public administration (groups 9111 - 9222, 9229 - 9661). 25. Real estate agents and managers (groups 6512, 6531 - 6552). 26. Security and commodity dealers (groups 6211 -6289). 27. Social services (groups 8322 (only adult day care services, counseling services, and senior citizens associations), 8351). 28. Travel agencies (group 4724). 29. Veterinary services (group 0742 for household pets only and without any overnight boarding or outside kennels). 30. Warehousing (group 4225 indoor climate controlled self storage with no outdoor storage, no on-site maintenance, assembly, manufacturing activities, and no metal roll-up garage doors.) 31. Any other uses that are comparable in nature with the foregoing uses and are consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the 80ard of Zoning Appeals. AREA "8": All uses permitted in Area "A" with the exception of indoor climate controlled self-storage. AREA "C": All uses permitted in Areas "A" and "8", except indoor climate controlled self-storage. . AREAS "A", "8" and "C": Neighborhood Park 8. Accessory Uses: 3-3 1. Uses and structures that are accessory and incidental to the permitted uses within this PUD Document. 2. Cocktail lounge (group 5813 only in conjunction with eating places) 3. Caretaker's residences subject to Section 2.6.16 of the Collier County LDC, with the principal entry through the commercial building. C. Non-Conformino Uses 1. Existing residential uses in Areas "A" and "8" of the PUD Master Plan shall be considered legal non-conforming uses based on the date of adoption of this Ordinance and shall thereafter meet the requirements of Division 1.8., Nonconformities, of the LDC. Each residential use in Areas "A" and "8" shall come into compliance with this PUD Document upon the issuance of the first building permit for redevelopment of the lot within Areas "A" and "8" of the PUD. 2. All existing uses in Area "C" shall be considered legal non- conforming uses based on the date of adoption of this Ordinance and shall thereafter meet the requirements of Division 1 .8. Nonconformities; however, the provisions of all prior Collier County Resolutions relating to approval of non-conforming use changes in Area "C" shall remain in full force and effect. All non-conforming uses shall cease upon the issuance of the first building permit in Area "C" of the PUD for any permitted use listed in Section 3.3 of this PUD Document. 3. In the event that prior to redevelopment of Area C, the County elects to relocate Area C's access point on Goodlette-Frank Road to the location shown on the PUD Master Plan, any non-conforming structures or uses impacted by such access relocation may be relocated and rebuilt within Area "C" notwithstanding any other provision of this PUD or the LDC to the contrary. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. 8. Minimum Lot Width: Ninety (90) feet. C. Minimum Yards: 3-4 (1) Principal structures: (a) Front Yards Along Goodlette-Frank Road - Fifty (50) feet. (b) Front Yards Along Pine Ridge Road - Twenty-five (25) feet. (c) Rear Yards Internal to the PUD - Fifteen (15) feet. (d) Side Yards Internal to the PUD - One-half (1/2) the building height as measured from the closest exterior building wall with a minimum of fifteen (15) feet. (e) Side Yards Abutting External Commercial Land - Twenty-five (25) feet. (f) Side Yards Abutting External Residential Land- Twenty-five (25) feet (g) Rear Yards Abutting External Residential Land - Thirty-five (35) feet. (2) Accessory Structures: Unless otherwise noted herein setbacks shall be as required by Section 2.6.2 of the LDC in effect at time of building permit application. D. Distance Between Principal Structures on the Same Parcel: One-half the sum of the building heights measured by the closest exterior building wall 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: Forty-five (45) feet, not to exceed three (3) stories. The 45 foot maximum height shall be inclusive of roof treatments and architectural embellishments. G. Off-Street Parking and Loadinq Requirements: As required by Division 2.3 of the LDC in effect at the time of building permit application. 3-5 H. Bufferinq Requirements: (1) A fifteen (15) foot wide Type "0" Buffer shall be provided along Pine Ridge Road, with the landscaping as required in Subsection 2.4.7.4 of the Collier County LOC. (2) A deviation from Subsection 2.4.7.4 of the LOC which requires a minimum 15 foot wide alternative "0" landscape buffer adjacent to rights-of-way greater than 100 feet in width, to permit a ten (10) foot wide Type "0" buffer along Goodlette-Frank Road, including along the west side of the off-site graveyard with the landscaping standards as required by Subsection 2.4.7.4 of the LOC. This buffer shall contain canopy trees, the number of which shall be calculated based on a minimum spacing of thirty (30) feet on center. All canopy trees within this buffer shall be a minimum of 12 feet high at time of planting. (3) Concurrent with each phasJf development, the developer shall be required to provide along the southern PUO boundary a fifteen (15) foot wide Type "B" buffer. The buffer shall consist of an 8 foot high pre-cast opaque concrete (or similar material) fence. The fence shall be off-set from the southern property line by a minimum of 7 feet. Low level landscaping shall be installed on the residential side of the fence without provision or responsibility for irrigation and maintenance by the applicant. Canopy trees shall be installed in accordance with Section 2.4 of the Collier County LOC, except that required canopy trees shall consist of mahogany trees. The buffer shall be enhanced by the installation of cabbage palms, or similar tree species, ranging from 12 feet to 20 feet tall at time of planting and shall be spaced on an average of 10 feet on center. (4) Sorrento Gardens property owners shall be permitted to extend their residential fencing into the 7 foot off-set area and up to the 8 foot high fence of the PUO along the southern PUO boundary. I. Siqns Signs shall be permitted as described in Section 2.5 of the Collier County LOC. J. Hours of Operation No twenty-four (24) hour use of any permitted use shall be permitted within the PUO. 3-6 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 4.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats 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 official LDC 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 Document. 4.3 PUD MASTER PLAN A. 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. Subject to the provisions of Subsection 2.7.3.5 of the Collier County LDC, amendments may be made from time to time. B. 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. 4.4 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 projected for completion in one (1) or two (2) phases. . A. The landowners shall proceed and be governed according to the time limits pursuant to Subsection 2.7.3.4 of the LDC. 4-1 B. Monitorinq Report: An annual monitoring report shall be submitted pursuant to Subsection 2.7.3.6 of the Collier County LDC 4.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County LDC, Division 3.2., Subdivisions. 4.6 WATER MANAGEMENT A. 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, if required. B. Permits may be required for filling in a portion or all of the on-site lake, cleaning the lake, and/or re-sculpturing it. C. Lake setbacks for the existing lake (if retained) from the perimeter of the PUD to the south shall not be required as this lake is already located along a portion of the southern PUD boundary. Lake setbacks for any new lakes may be reduced to twenty-five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 4.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 01-57, as amended, and other applicable County rules and regulations. 4.8 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual. On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. 4-2 B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. O. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and ~ivision 3.15 of the LOC, as it may be amended. E. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LOC, as it may be amended. Collier County reseNes the right to modify or close any median opening existing at the time of approval of this PUO which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. The existence of a point of ingress, a point of egress or a median opening, or the lack thereof, shall not be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County rights-of-way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. 4-3 K. Drainage shall not be permitted to discharge directly into any off-site roadway drainage system but may discharge into the canal along the western side of Goodlette-Frank Road with necessary permits. L. Until such time as Area "C" and the easternmost lot in Area "8" are redeveloped, all existing access points on Pine Ridge Road for these two areas shall remain as they exist on the date of approval of Ordinance No. 02-08 (Febuary 26,2002). M. All commercial tracts shall provide internal cross access. N. Access locations to Pine Ridge Road and to Goodlette Frank Road are conceptual and subject to review and approval at final site development plan submittal consistent with the Access Control Policy (Resolution No. 01-242), as may be amended, and the Collier County Construction Standards Handbook for Work Within the Public Right-of-Way (Ordinance No. 93-64), as may be amended. All access locations and median locations are subject to modifications and/or closure at the discretion of Collier County. 4.9 PLANNING A. Pursuant to Subsection 2.2.25.8.1 of the LDC, 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. 8. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the LDC. Said unified architectural theme shall include a similar architectural design and use of similar materials and colors throughout all of the buildings and signs to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for site development plan approval. The conceptual design master plan shall depict the above referenced standards of this Paragraph. C. A minimum of thirty (30) percent open space of the gross site area, as described in Section 2.6.32 of the LDC, shall be provided for this commercial project. 4-4 4.10 ENVIRONMENTAL A. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, shall be submitted to Environmental Staff for review and approval prior to final site development plan/construction plan approval for all parcels included in this project. B. This PUO shall be consistent with the environmental sections of the Conservation and Coastal Management Element of the Growth Management Plan and the LOC in effect at the time of final development order approval. C. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. D. A minimum of 15% of the native vegetation on each parcel shall be retained or mitigated. This area of native vegetation will be approved at the time of site plan / construction plan approval. 4-5 ~ - , ~ - I I ~ <~ I &1 I i~ I, -,I 8 g a 1,1 D. O\IOH ) N\l1LI-]U31OOOO ~ - i - ~ I; <:) 8 f .oo . i nJJ! IJ ~II hi ;. ~ ~b~ 11 I f r:!~"1 t" I . i ;". ill ~ ¡! ~I nl! ~I j ~II 8 " I I, g! II c~ I Ò' cl !~ II )011 ~~ 1'1 ~I I ~ ~ ¡¡ I à þt ! " D , ¡¡I!i ~~~ f 11 H\t '- :I I;: ~i~ -- I U~§ i ~§~ ::I::I~- i nn I ~ ¡ it i ! It ~~ II: II -;1 ~~¡!!<II j B ".... § it ~ li~ i i II D .. ~ii~ f ! '<)obi Iwl~ iii~ Ii ~ Un J I I I I ¡t H~ II . ,I; In II "h I III ~ë I hll~ )0 ~~ )- ,II' tt ! r '. · 'I' i ul1l . ¡hii i~ IUd !! I' e09". OJ i' I ~J IU'; it ....'11 ..r .* I ~~ I I i b _¡xiii II J t; III I ~ nh I ii lall~1 o c. ,,% tOov LO/!;O 'O¡\\CfVŒldcD( t'0D\dl1 1\dMp\: -....- --- -- --....-- -- LECAL DESCRIPTION EXHIBIT II B" THE EAST 1/2 Of THE EAST 1/2 Of LOT 51, NAPLES IMPROVEMENT COMPANY'S umE fARMS ACCORDING TO A MAP OR PLAT THEREOf RECORDED IN PLAT BOOK 2, PAGE 2 Of THE PUBLIC RECORDS Of COLLIER COUNTY, fLORIDA, EXCEPTING TI-fE EAST 125 fEET THEREOf fOR ONE-HALf Of A RIGHT-Of-WAY AND A GRAVE PLOT DESCRIBED IN omC/AL RECORD BOOK 343, PAGE 688, AND LOTS 1 THRU 9, PRESQUE ISLE, ACCORDING TO PLA T THEREOf RECORDED IN PLAT BOOK .., PAGE 48, Of THE PUBLIC RECORDS Of COLLIER COUNTY, FLORIDA, LESS THE NORTH 15 fEET THEREOf, AND THE NORTH 105 fEET Of THE EAST 125 fEET OF THE WEST HALF Of LOT 51, LESS THE NORTH 15 fEET Of ROAD RIGHT-Of-WAY, NAPLES IMPROVEMENT COMPANY'S UTTlE FARMS, PER PLAT IN PLAT B00K 2, PAGE 21, OF' THE PUBLIC RECORDS Of COWER COUNTY, FLORIDA. AND THE MIDDLE 105 fEET OF THE EAST 125 fEET Of THE WEST HALF OF LOT 51, NAPLES IMPROVEMENT COMPANY'S UTILE FARMS, ACCORDING TO THE PLAT THEREOf AS RECORDED IN PLAT BOOK 2, PAGE 21, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. MORE P ARTlCULARL Y DESCRIBED BY METES AND BOUNDS AS: A PORTION OF NAPLES IMPROVEMENT CO'S UTILE FARMS IN PLA T BOOK 2, PAGE 2 OF THE PUBLIC RECORDS Of COLLIER COUNTY FLORlDA, BEING MORE PARTICULARLY DESCRIBE AS FOLLOWS: . BEGIN AT THE NORTHEAST CORNER Of LOT 12 OF SORRENTO GARDENS UNIT No.3, ACCORDING TO PLAT BOOK 6, PAGE 38 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE RUN SOUTH 89'47'07" WEST FOR A DISTANCE Of 1,199.83 fEET; THENCE RUN NORTH 00"06'57" EAST fOR A DISTANCE OF 105.53 FEET; THENCE RUN SOUTH 8'9'47'23" WEST fOR A DISTANCE OF 125.00 FEET; THENCE RUN NORTH 00'06'57" EAST fOR A DISTANCE Of 196.08 fEET; THENCE RUN NORTH 89'47'28" EAST FOR A DISTANCE Of 1,310.24 FEET; THENCE RUN SOUTH 50'00'24" EAST FOR A DISTANCE Of 19.66 fEET; THENCE RUN SOUTH Ò012'51" WEST fOR A DISTANCE Of 10.39 FEET; THENCE RUN SOUTH 89'49'03" WEST fOR A DISTANCE OF 15.00 FEET; THENCE RUN SOUTH 00'12'51" WEST fOR A DISTANCE Of 60.00 FEET; THENCE RUN NORTH 89'49'03" EAST- FOR A DISTANCE Of 15.00 fEET; THENCE RUN SOUTH 0012'51" WEST FOR A DISTANCE OF 218.40 FEET TO THE POINTOF BEGINNING Of THE PARCEL Of LAND HEREIN DESCRIBED, CONTAINING 8.847 ACRES, MORE OR LESS. EXHIBIT "C" Property Owners' Names! Addresses (See Lot Numbers!Letters Shown on PUD Master Plan Area "C" - 3. 76-Acre parcel at SW comer of Oood1ette RoadlPine Ridge Road - George W. Shepard and Son, Inc., P.O. Box 202,- Naples, FL 34106 Most of Lot 1 - Roy Steven & Teresa Shepard, 6718 Mill Run Circle, Naples, FL 34109- 7200 . Lot 2 and sum of Lot 1- Amy E. Ashby, 750 Myrtle Terrace, Naples, FL 34103-2821 Lot 3 & 4 - Edward F. McCarthey & Doris J. Lewis, 94 Second Street South, Naples, FL 34102-5909 Lot 5 - Carolyn A Marsh & MSry S. Booton, Trustee, 12774 Hunters Ridgo Drive, Bonita Springs, FL 34135-3433 Lot 6 - Robert K. Munn, 2390 Kings Lake Boulevard, Naples, FL 34112-2307 Area "A"- 2.3 Acres at the west end of PUD - Lock Up Pine Ridge LLC & SHS Development Company, 800 West Frontage Road, Northfield, IL 60093-1205 F:\1OB\GOODIBlTIPUD AMEND\EXHlBll' c.doc ....~ . . ... l. ð . f" lO i ! .. < ). I . l a r , - I !, I, I" .. J f I . - ........ .-...... LOC«CP IILF STOftAQE ..,. ..... ...... ...... .......... I .. . --~ . fA:[RICIC ~ Ü.PILLOT " Afiië5'HïTë'êT: INC. ~ ....... .... ....... ....... ~ .... .. .... ~.. .......... ...-....... -... -............ -.- --- KII:HIRIT D 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 and correct copy of: ORDINANCE 2004-40 Which was adopted by the Board of County Commissioners on the 22nd day of June 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of June, 2004. ,.11""'"" . "., I r." f1 t" I,; 1,/ ,.' ,~..i~uv. ~'ð '/, DWIGHT E. BROC~\;;:::~'~''''''''~'~~<' ~., Clerk ~f. couf~:S/'~ì)Gle:t~:;\ Ex-off1.c1.o toP ~da<rçt.C?j:\ S'~-= - . .-, ~., ..,.. ~I," ...... . ',-..11 _ County Commij;£>:torœr~~,''','~- ~ .:;~ ~ \~\"" \~·-;·~~st.,<.:~·>.f LUuc ....... t-. .. "''-I'' " "/ 'f" '. .' ,., ..,:. /, ',.7,'" .... . "'.;"' ..,'" 0 /' , ,. . ¡.. , L- f . " I li·f" U' ""\\,,., By: Ann Je eJohn Deputy Clerk