Ordinance 2005-05
ORDINANCE NO. 05- 05
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORA TED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION
OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL
AGRICULTURAL (A) ZONING DISTRICT TO THE MIXED USE
PLANNED UNIT DEVELOPMENT (MUPUD) ZONING DISTRICT
FOR A PROJECT TO BE KNOWN AS THE BUCKLEY MIXED USE
PUD, WHICH IS LOCATED AT 7501 AIRPORT-PULLING ROAD IN
THE NORTHWEST QUADRANT OF THE INTERSECTION OF
AIRPORT-PULLING ROAD (CR 31) AND ORANGE BLOSSOM
DRIVE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 22.84± ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ronald Nino, AICP, of Vanasse Daylor, LLP., representing Hues M. Buckley, Harry
M. Buckley III, Donald E. Buckley, and Thomas E. Buckley petitioned the Board of County
Commissioners to change the zoning classification of the herein described real property.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
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SECTION ONE:
The zoning classification of the herein described real property located in Section 2,To;\y'þship 49
South, Range 25 East, Collier County, Florida, is changed from Rural Agricultural (A) to Mixed Use
Planned Unit Development (MUPUD) in accordance with the Buckley Mixed Use PUD Document,
attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or
maps, as described in Ordinance Number 2004-41, the Collier County Land Development Code, is/are
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,
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Florida, this .). ,f dáy of ,,- ¡;;/71 J( tJ r !s}ú05.
o BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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arjor' M. Stu ent
Assistant County Attorney
BY:
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Page 1 of 1
This ordinance filed with the
..s~~tary of ~'s Office th....e ,r-
~ day of1Ja~0
and ocknowledgeme~f that
filing received this ~ day
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By . - (J.( .
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PUDZ-2004-AR-S220IFRllo
BUCKLEY MIXED USE
PLANNED UNIT DEVELOPMENT
A REGULA TORY DOCUMENT CONTAINING A CONCEPTUAL MASTER PLAN
OF LAND USES GOVERNING THE BUCKLEY MIXED USE, A PLANNED UNIT
DEVELOPMENT CRAFTED AND DESIGNED AS REQUIRED BY APPLICABLE
PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE.
PREPARED FOR
Land Development Group, LLC.
9130 Corsea del Fontana Way
Naples, Florida, 34109
PREPARED BY
VANASSE & DA YLOR, LLP
12730 New Brittany Boulevard, Suite 600
Fort Myers, Florida 33907
Tel. 239-437-4601, Fax 239-437-4636
E-Mail rnino@vanday.com
Date Reviewed Bv CCPC
Date Reviewed By BCC J ---;)t5- ê)-OC6
Ordinance Number dðOS-oC)
Amendments and Repeal
EXHIBIT "A"
TABLE OF CONTENTS
Page #
LIST OF EXHIBITS AND TABLES 2
STATEMENT OF COMPLIANCE 3
SECTION 1 LEGAL DESCRIPTION, PROPERTY OWNERSHIP, 5
AND GENERAL PROJECT DESCRIPTION, SHORT TITLE
SECTION 2 PROJECT DEVELOPMENT REQUIREMENTS 8
SECTION 3 MIXED USE LAND USE DISTRICT 13
SECTION 4 DEVELOPMENT COMMITMENTS 19
EXHIBITS
EXHIBIT" A " MIXED USE PUD (MUPUD) MASTER PLAN
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STATEMENT OF COMPLIANCE
The development of approximately 22.84 acres, more or less, of property in Collier
County, as a mixed use Planned Unit Development (PUD) to be hereinafter referred to as
the Buckley Mixed Use PUD will be in compliance with the goals, objectives and
policies of Collier County as set forth in the Growth Management Plan (GMP). All of
the land uses and special application of development standards and design guidelines
enumerated in the Future Land Use Element (FLUE) relative to the Buckley Mixed-Use
Subdistrict shall be in compliance with those stated provisions and in compliance with
other applicable elements of the GMP. Compliance with goals, objectives, and policies is
achieved in the following manner:
Mixed-Use Proiect
1. The subject property is located within the Buckley Mixed-Use Subdistrict. This
Subdistrict provides for a specific distribution of land uses and requires a
percentage of the allowable residential component to be in place prior to non-
residential development reaching a certain threshold. The MUPUD has been
crafted to include these provisions and is therefore in compliance with Objective
1, Policy 5.1, and 5.3, specifically, of the FLUE.
2. The subject property's location in relation to existing or proposed community
facilities and services pennits the development's intensity and density as required
by Objective 2, and Policy 5.5 of the FLUE.
3. The project's mixed-use composition is compatible and complimentary to
existing and future surrounding land uses as required by Policy 5.4 of the FLUE.
4. Proposed improvements utilizing best land use planning practices are planned to
be in compliance with Objective 3 of the FLUE.
5. The project will be connected to the County's utility system (i.e., sewer and
water) and is therefore consistent with Objective 1.5, Policies 1.5.1 and 1.5.2 of
the Sanitary Sewer and Potable Water Sub Elements of the GMP.
6. The project development is planned to incorporate natural systems for water
management in accordance with their natural functions and capabilities as
required by Objective 1.5 of the Drainage Sub Element.
7. At the time of development, the project will be consistent with Policy 1.3 of the
Transportation Element. Airport Road is a six-lane facility and is not expected to
function below the level of service required to meet concurrency requirements,
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nevertheless development of the subject land remains subject to concurrency
requirements throughout its construction phases.
8. The projected intensity and density of this required mixed-use project is in
compliance with the FLUE based on the following relationships to required
criteria:
Criteria
Maximum Intensity/Density
Proposed
IntensitY/Density
251 du's
74,230 sq.ft.
97,070 sq.ft.
Residential 15 du's/ac
Retail 3,250 sq.ft./ac.
Office 4,250 sq.ft./ac.
15 X 22.84 ac = 343 dwelling units
3,250 sq.ft. X 22.84ac. = 74,230 sq.ft.
4,250 sq.ft X 22.84 ac. = 97,070 sq.ft.
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O.J . Ar::·522C'i'=)UD (1()cuments\PUD Document l'/- see changes J -25-0:': 4
SECTION 1
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 to be developed pursuant to
the regulations and other development provisions contained within this MUPUD
Document.
1.2 LEGAL DESCRIPTION
North half (Tract 1)
That part of the east half of Section 2, Township 49 South, Range 25 East, Collier
County, Florida, described as follows:
Commencing at the northeast comer of Section 2, Township 49 South, Range 25
East, Collier County, Florida; thence along the east line of said Section 2, south 20
- 13' - 05" east 1589.69 feet; thence north 89° - 59' - 01" west 100.08 feet to the
west right of way line of State Road 31 (Pulling Road), and the point of beginning
of the parcel herein described:
Thence along the west right of way line of State Road 31, south 2° - 13' - 05" east
994.53 feet; thence south 89° - 56' - ]9" west 500.36 feet; thence north 2°_ 13' _
05" west 995.21 feet; thence south 89" - 59' - 01" east 500.38 feet to the point of
beginning.
Containing 1 1.42 acres of land more or less.
Together with
South half (Tract 2)
That part of the east half of section 2, Township 49 south, Range 25 east, Collier
County, Florida, described as follows:
Commencing at the northeast comer of Section 2, Township 49 south, Range 25
East, Collier County, Florida:
1) thence along the east line of said Section 2, south 2° - 13' - 05" east 1589.69
feet;
2) thence north 89° - 59' - 01" west 1 00.08 feet to the west right of way line of
State Road 31 (Pulling Road),
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3) thence along the west right of way of State Road 31 south 2° - 13' - OS" east
994.53 feet; to the point of beginning of the parcel ofland herein described;
4) thence continue along the west right of way line of State Road 31, south 020 _
13' - OS" east 994.52 feet;
5) thence south 89° - 50' - 40" west 500.33 feet;
6) thence north 2° - 13' - OS" east 995.20;
7) thence south 89° - 59' - 01" east 500.38 feet to the point of beginning.
Containing 11.42 acres of land more or less,
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Buckley Enterprises.
Through this common ownership of the subject land, a unified and integrated plan
of development has been designed to achieve the development criteria set forth by
the Buckley Mixed-Use Subdistrict.
1.4 GENERAL DESCRIPTION OF SUBJECT PROPERTY
A. The property is located on the west side of Airport-Pulling Road (CR 31) in
Naples, Collier County, Florida immediately north of the Collier County
Regional Library Center located on the northwest corner of Airport-Pulling
Road and Orange Blossom Road. The property is rectangular in shape with a
frontage of 1,990± feet on Airport Road and a depth of 500± feet.
B. The zoning classification of the subject property prior to the date of this
approved MUPUD Document was Rural Agricultural.
1.5 PHYSICAL DESCRIPTION
Elevations within the project site range from 11.4 to 12.6 feet above mean sea level
(MSL). Most of the site is more than 12 feet above MSL. The entire site is in Flood
Zone X according to the Firm Map Panel 120067-0385D.
The vast majority of the site is designated FLUCCS Codes 241 (Tree Nursery) or
243 (Ornamentals Nursery). A small body of water, formerly a borrow area, is
located in the northeast portion ofthe northeast parcel.
1.6 PROJECT DESCRIPTION
The Buckley Mixed Use PUD shall consist of a mixed-use development of
commercial (retail, service and offices) and residential uses with design and use
limitations required by the Buckley Mixed-Use Subdistrict from the FLUE of the
Collier County GMP. .
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SHORT TITLE
This Ordinance shall be known and cited as the "Buckley Mixed Use Planned Unit
Development Ordinance"
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SECTION 2
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 for the Buckley Mixed Use PUD shall be in
accordance with the contents of this Document, MUPUD-Planned Unit
Development District, and other applicable sections and parts of the Collier
County Land Development Code (LDC), or its successor, and GMP in effect
at the time of a building pennit application. Where these regulations fail to
provide developmental standards then the provisions of the most similar
district in the County LDC shall apply. In every instance within this MUPUD
where the LDC is cited or referenced, it shall mean the Collier County LDC,
and any amendments thereto, or successor document or regulations.
B. Unless otherwise noted, the definitions of all tenns shall be the same as the
definitions set forth in Collier County LDC in effect at the time of building
pennit application.
C. All conditions imposed and all graphic material presented depicting
restrictions for the development of the Buckley Mixed Use PUD shall become
part of the regulations that govern the manner in which the MUPUD site may
be developed.
D, Unless modified, waived, or accepted by this PUD, the provisions of other
portions of the LDC, where applicable, remain in full force and effect with
respect to the development of the land which comprises this MUPUD.
E. Development pennitted by the approval of this petition will be subject to a
concurrency review under the provisions of LDC Section 6.02.00, Adequate
Public Facilities, upon application for approval of any subsequent
development order.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including schematic layout or automobile and
pedestrian access ways and land uses by various tracts, is illustrated
graphically by Exhibit "A," MUPUD Master Development Plan.
'~~::-2'·:~J-'\-"·-S2::'C rue documents'PUD Document 'N- see changes ¡-26-05 8
Representations of building footprints and access ways are intended to
illustrate a clustering concept and are in keeping with the development criteria
contained in the Buckley Mixed-Use Subdistrict.
2.4 DESCRIPTION OF PROJECT DENSITY AND INTENSITY OF LAND USE
A mixed-use development including a residential component and mixed
commercial uses are design components of the MUPUD and Master Plan as
required by provisions of the Buckley Mixed-Use Subdistrict of the FLUE of the
GMP.
Up to 225 residential dwelling units may be constructed above the first floor of
commercial buildings or in freestanding buildings (as limited by the note on the
Master Plan for any units above 204), of which five percent of the total number of
dwelling units shall be initially reserved for workforce housing which is limited to
owner occupied housing with a monthly mortgage payment, including property
taxes and insurance, not in excess of 1/12 of 30 percent of an amount which
represents 50 percent to 100 percent of the median adjusted gross annual income for
the household as published annually by the U.S. Department of Housing and Urban
Development within the Naples Metropolitan Statistical Area (MSA). The initial
purchaser shall qualify for workforce housing. Any subsequent purchaser shall not
be required to qualify for workforce housing. A maximum of 74,230 square feet of
mixed retail and service uses and up to 97,070 square feet of medical and/or general
office space as described in Section 3.3 of this Document will occupy the site
generally as depicted on Exhibit "A" of the MUPUD Master Plan. Development
intensity of the entire project shall not exceed a Floor Area Ratio of 0.518. The
developer shall provide calculations for all development applications, such as site
development plan, site development plan amendments, or site development plan
'insubstantial change applications, to demonstrate compliance with this requirement.
Design elements include a common architectural theme and a pedestrian friendly
clustered design, Sidewalks and access drives will extend to the boundaries of the
Buckley Mixed Use Subdistrict to interconnect with the Collier County Public
Library to the south and if possible, to the Brighton Gardens ALF facility to the
north, notwithstanding the fact that a sidewalk exists along Airport Road that does
allow pedestrian access to project retail and office uses. The developer shall
coordinate with the Emerald Lakes Homeowner/Property Owners' Association and
provide a pedestrian access to that development if such access is deemed
appropriate and desired by the Emerald Lakes Homeowner/Property Owners'
Association.
2.5 RELATED PROJECT APPROVAL REQUIREMENTS
A. Prior to the recording of a record plat, and/or condominium plat for all or part
of the MUPUD, final plans of all required improvements shall receive
approval of the appropriate Collier County governmental agency to insure
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compliance with the MUPUD Master Plan, the Collier County Subdivision
Code and the platting laws of the State of Florida.
B. Exhibit "A," MUPUD Master Plan, constitutes the required MUPUD
development plan. Subsequent to, or concurrent with, MUPUD approval, a
preliminary subdivision plat, if applicable, shall be submitted for the entire
area covered by the PUD Master Plan. Any division of property and the
development of the land shall be in compliance with the Collier County LDC
and the platting laws of the State of Florida.
C. The Collier County LDC shall apply to the development of all platted tracts,
or parcels of land as provided in said Division prior to the issuance of a
building permit or other development order.
D. The development of any tract or parcel approved for residential development
in the form of fee simple ownership of land for each dwelling unit shall be
required to submit and receive approval of a preliminary subdivision plat in
conformance with requirements of the Collier County LDC prior to the
submittal of construction plans and a final plat for any portion of the tract or
parcel.
E, Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
2.6 MODEL SALES FACILITIES
A maximum of three residential model units and a development sales office shall be
permitted in conjunction with the marketing of retail and/or service and/or office
spaces and dwelling units within this project only. Model spaces used for marketing
dwelling units or commercial space shall continue until 95 percent of project
dwelling units or commercial space is sold, but not to exceed three years.
Thereafter, continuance of such model spaces shall be subject to the receipt of a
conditional use approval.
2.7 AMENDMENTS TO PUD DOCUMENT OR MASTER PLAN
Amendments may be made to the MUPUD as provided in Section lO.02.13.E.ofthe
Collier County LDC.
2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTEN ANCE
Whenever the de\'eloper elects to create land area and/or reèreation amemtIes
whose ownership and maintenance responsibility is a common interest to all of the
subsequent purchasers of property within said development in which the common
OU[-.)Z'2QC~'AF'':220PUD c!ocuments'PUD Document I'V- BCe ç,ì¡anges 1-26,05 10
interest is located, that developer entity shall provide appropriate legal instruments
for the establishment of a property owner or condominium association or otherwise
establish a community development district (CDD). The functions of the
Association or CDD shall include provisions for the perpetual care and maintenance
of all common facilities and open space, subject further to the provisions of the
Collier County LDC.
2.9 OPEN SPACE REQUIREMENTS
Mixed use projects are required to provide 30 percent of the land area as open
space. The Buckley Mixed Use PUD Master Plan design provides 30 percent or
more of its land area as open space as listed in the "Summary of Land use Table" on
the MUPUD Master Plan, Exhibit "A".
2.10 NATIVE VEGETATION RETENTION
A native vegetation survey of the property shows that the entire property is devoted
to nursery plants and associated support buildings and no area of native vegetation
exists except for sporadic small clumps of wild vegetation that occur at some point
on the boundary of the property and may straddle property lines. Some native
vegetation, too small to represent a mapped significance, is located on the property
and is less than 1 percent of the MUPUD area. It consists of mostly undesirable
weedy species such as torpedo grass. Suffice to indicate that for all practical
purposes the intent of Section 3.05.07 of the LDC does not apply to the subject
property.
2.11 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 prepare the site for construction activities, is hereby
pemitted. If after consideration of fill activities on those buildable portions of the
project site there is a surplus of earthen material, then its off-site disposal is also
hereby pemitted subject to the following conditions:
A. Excavation activities shall comply with the definition of a "development
excavation" pursuant to the Collier County Code of Laws and Ordinances,
Sections 22-106 through 22-119 whereby off-site removal shall be limited to
10 percent of the total up to a maximum of20,000 cubic yards.
B. All other provisions of said Collier County Code of Laws and Ordinances,
Sections 22-106 through 22-119 are applicable.
2.12 GENERALLY PERMITTED USES
Certain uses shall be considered general pemitted uses throughout the Buckley
Mixed Use PUD. Generally pemitted uses are those uses that apply throughout all
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of the lands and are typically part of the common infrastructure inclusive of
landscape functions or community services.
A General Permitted Uses:
1. Essential services, pursuant to Sections 2.01.03 and 2.04.03 of the LDC.
2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural
bank treatment, in compliance with the LDC. No deviations have been
granted for lake design.
4. Temporary construction, sales, and administrative offices for the developer
and developer's authorized contractors and consultants, subject to the
issuance of a temporary use permit pursuant to Chapter 5 of the LDC.
5. Landscape features including, but not limited to, landscape buffers, berms,
fences, and walls. Walls or fences shall be erected when non-residential uses
are contiguous to or opposite a residentially zoned district as required by
Section 5.03.02.E of the LDC.
6. Any other use, which is comparable in nature with the foregoing, uses,
consistent with the permitted uses and purpose statement of this MUPUD, as
determined by the Board of Zoning Appeals.
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SECTION 3
MIXED USE LAND USE DISTRICT
3.1 PURPOSE AND INTENT
The purpose and intent of this Section is to set forth the uses and development
regulations for a mixed-use development consisting of retail, service, office, and
residential uses. A portion of the residential uses shall be located on upper floors of
commercial buildings. Buildings that singularly contain residential dwelling units
shall be allowed. The Master Site Development Plan shall be designed to ensure the
hannonious placement of all of the uses in a manner that achieves a unified and
integrated land use system, and one that incorporates a unifonn architectural theme
enhanced by complimentary landscape improvements, both soft and hard. To the
greatest extent possible, the design is intended to create a village-like environment,
reflecting on historic mixed-use neighborhoods that provide the opportunity for
project residents to be employed within the same environment as they live. This
also affords project residents with ready access to commercial activities that meet
their daily living requirements and thus have the least impact on the transportation
system. Commercial uses for the purpose of this section are limited to those allowed
in the C-l, C-2 and C-3 Zoning Districts of the LDC in effect as of the date of
adoption of this MUPUD.
3.2 MAXIMUM DENSITY AND INTENSITY OF DEVELOPMENT
Residential Component-- The maximum number of dwelling unit is 225 based on a
density of 9.85 dwelling units per acre. A minimum of 40 percent of the allowable
aggregate commercial floor space shall be contained in buildings that include some
number (undefined) of dwelling units. Furthennore, the 225 maximum dwelling
units is further limited such that five percent of the total number of dwelling units
shall be initially reserved for workforce housing which is limited to owner occupied
housing with a monthly mortgage payment, including property taxes and insurance,
not in excess of 1/12 of30 percent of an amount which represents 50 percent to 100
percent of the median adjusted gross annual income for the household as published
annually by the U.S. Department of Housing and Urban Development within the
Naples Metropolitan Statistical Area (MSA). The initial purchaser shall qualify for
workforce housing. Any subsequent purchaser shall not be required to qualify for
workforce housing.
If the total number of dwelling units exceeds 204 units, the parking spaces provided
shall be increased above what is depicted on the Summary of Automobile Parking
Spaces table shown on the Master Plan. A reduction in overall project development
intensity may therefore be required to accommodate the project's parking space
needs.
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Commercial Component--A maximum of 74,230 square feet of mixed commercial
uses including both retail and services uses, and a maximum of 97,070 square feet
of office uses, both medical.and general shall be pennitted in accordance with the
list ofpennitted uses identified in this Document.
3.3 USES PERMITTED
No building or structure or part thereof, shall be erected or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1. Multi-family dwellings units above commercial uses or III stand-alone
buildings.
2. Unless otherwise provided for in this Section, all pennitted and
conditional uses of the following districts:
a. C-l, Commercial Professional and General Office District in effect as
of the date of adoption of this MUPUD Ordinance except homeless
shelters and soup kitchens
b. C-2, Commercial Convenience District, in effect as of the date of
adoption of this MUPUD Ordinance except gasoline service stations
(SIC Group 5541), homeless shelters and soup kitchens.
c. C-3, Commercial Intennediate District, in effect as of the adoption of
this MUPUD Ordinance except marinas (SIC Group 4493),
automotive services (SIC Group 7549), homeless shelters, hospitals
(SIC Groups 8062-8069), and soup kitchens.
B. Accessory Uses:
1. Parking lots to accommodate on-site uses only.
2. Project signage pursuant to Division 5.06.00 of the LDC.
3. Essential services pursuant to Sections 2.01.03 and 2.04.03 of the LDC.
4. Kiosks as part of streetscape and landscape plans which may be used for
retail purposes or provide site related services within the square footage
allowance for retail purposes and otherwise subject to integrated parking
requirements for all commercial space. If a kiosk is located in a buffer or
landscape area, the developer shall provide an equivalent increase in
planting area within the area to offset that kiosk.
5. Temporary events on common elements, such as the band shell/stage, are
subject to temporary use pennit procedures.
6. Water management facilities.
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7. Model homes, model units and project development sales facility to serve
this project only.
8. Residential recreation facilities, such as swimming pools, bocce,
shuffleboard, and lawn bowling courts, limited to use of residents and their
guests.
9. Clock tower, band shell/stage, water fountain, street sculpture, and street
furniture. If a feature is located in a landscape or buffer area, the developer
shall provide an equivalent increase in planting area within the buffer area to
offset that feature. All features shall be sized to accommodate residents and
their guests only.
10. Use of the band shell/stage shall be limited to the hours of 12 p.m. to 9 p.m.
3.4 DEVELOPMENT STANDARDS FOR PRINCIPAL AND ACCESSORY
USES
A. MUPUD Perimeter Boundary and Road Minimum Setback Requirements
1. From Airport-Pulling Road--------------------------- Twenty (20) feet
2. From South Boundary (Library)--------------------- Twenty (20) feet
3. From the West Boundary (Emerald Lakes)--------One Hundred (100) feet
4. From North Boundary (Brighton Gardens ALF)-- Twenty (20) feet
5. Space Between Buildings----------------------______ Twenty (20) feet
B. Building Height
Maximum building height shall be three floors with a maximum of 45 feet.
Under story parking, ifutilized, shall count as one floor.
C. Lot Coverage
The maximum lot coverage by all buildings shall not exceed 35 percent.
D. Maximum Density
The maximum density of residential dwelling units is 9.85 dwelling units per
acre.
E, Off-Street Parking and Loading
1. Off-street parking and loading requirements shall be provided in accordance
with Division 4.05,00 of the LDC in effect at the time of adoption of this
MUPUD Ordinance. Cross-access easements or shared parking
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commitments shall be required if separately owned tracts are established, so
that all parking facilities serve as common facilities to both commercial and
residential development.
2. Residential parking requirements shall be computed based on 1.5 parking
spaces for each dwelling unit.
F. Landscape Buffers
1. Airport-Pulling Road-- Twenty (20) feet, Type D Buffer.
2. All other perimeter boundary lines shall have a twenty (20) foot wide Type
C Buffer, except that the west landscape buffer adjacent to the Emerald
Lakes Development shall contain a finished masonry wall and berm, or
combination thereof, at least 8 feet in height and vegetation that provides 80
percent opacity within one (1) year of installation of any site related
buildings. This screening improvement is further illustrated on the Master
Plan.
5. A six (6) foot finished masonry wall shall be constructed at the northwest
corner for a distance of 80 feet along the northern boundary line within the
north landscape buffer.
4. Buffer Deviation: Deviation from LDC Section ODC 4.06 for internal
buffers which requires a ten-foot wide Type D Buffer to be placed adjacent
to all internal roadways (driveways), to allow an equivalent amount of
landscaped area and planting materials to be massed and provided as open
space and green areas throughout the site. The extent of this deviation shall
be determined at the time of SDP application in the manner required by
Collier County.
Approval of this deviation is subject to further review and comment during
the development order process (SDP); at which time the developer shall
provide evidence acceptable to Collier County to show that the alternatives
proposed meet or exceed the requirements of the LDC to a degree at least
equivalent to the literal application of such regulations (LDC Section
IO.02.l3.B.S.h.)
5. Landscape buffering for this project must be in compliance with the plan
entitled, "Buckley Parcel, West Buffer Conceptual Landscape Plan _
(Zoning) Phase," Sheet 1 of 1, dated November 15, 2004, except for that
area between Buildings D-6/D-7 and the lake to the north of Buildings F-
l/F-2, for which the plan entitled, "Buckley Parcel - Master Plan," last
revised November 17,2004 will be the governing site plan.
G. Advertising and Project Signs
c"" C"!_'JZ2004-AF1-5220DUD documer/ís'PUO OOCl/menr w- sce c.~anges 1-?6-(l5 16
1. All advertising and project signs shall be subject to the requirements of
Division 5.06.00 of the LDC.
2. All site related signage shall be of a uniform design, color, and material.
H. Garbage Dumpsters
No garbage dumpster shall be located within 60 feet of the common boundary
line with the Emerald Lakes Development and the Brighton Gardens ALF
facility.
I. Additional Design Requirements
1. A unified architectural theme shall govern the development of all buildings,
and all four sides of each building must comply with the architectural
standards of the LDC.
2. No more than 25 percent of the total built square footage shall be devoted to
single story buildings.
3. Primary entrances to all retail and commercial uses shall be designed for
access from the interior of the site. Buildings fronting on Airport Road shall
provide secondary accesses facing the street.
4. All four sides of each building shall reflect a common architectural theme.
5. A residential component equal to at least 25 percent of the GMP's allowable
maximum density (i.e., 343 units x 25% = 86 dwelling units) shall be
constructed before completion of an aggregate total of 40,000 square feet of
retail or office uses is completed. Site development plans for the initial
phase(s) of development shall include a residential component based upon a
ratio of eleven (11) dwelling units for each 5,000 square feet of gross
commercial floor area, rounded to the nearest 5,000 square feet, until 86
dwelling units are constructed; thereafter, no residential component is
required for approval of commercial floor area, At no time shall any of
these residential units be converted to a non-residential use without first
constructing this same minimum number of dwelling units elsewhere in the
MUPUD, unless a GMP amendment allowing such change is approved and
becomes effective.
6. All buildings shall be interconnected with pedestrian walkways.
7, No building footprint shall exceed 15,000 square feet. Common stairs,
breezeways, or elevators may join individual buildings.
8. Drive-through establishments shall be limited to banks with no more than
three drive-through lanes. The drive-through lanes shall be architecturally
integrated into the main building,
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17
9. Parking areas shall be screened ITom Airport-Pulling Road and ITom any
properties adjacent to this development.
10. For any accessory structure without specific requirements within this
MUPUD Document, the accessory standards in LDC, Section 4.02.03 shall
apply.
11. Balconies on the west façade of buildings A-2, C-I through C-5 and E-I
through C-7, and F-2 are prohibited.
'.·""Z-_~'(_;J,H,q·~22i.T_,~JUD (fo('urnen{s!PUD Docurnent 1:1> Bce cha(1ç(~5 .~-26·n5 18
Summary of Setbacks, Space Between Buildings, Building Height, and Lot Coverage
Development Criteria All Uses
Airport Road 20 feet
South Boundary 20 feet
West Boundary 100 feet
North Boundary 20 feet
Building Height 3 stories
45 feet zoning height
and actual height of 50 feet
Lot Area Coverage 35 percent
~.: ~,
19
SECTION 4
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
project.
4.2 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 MUPUD in effect at the time of approval of the
development pemlit to which regulations relate. Except where specifically noted or
stated otherwise, the standards and specifications of the LDC Chapters 1 and 10
shall apply to this project even if the land within the MUPUD is not to be platted.
The developer, its successor and assigns, shall be responsible for the commitments
outlined in this Document.
The developer, its successor or assignee, shall follow the Master Plan and the
regulations of the MUPUD, as adopted, and any other conditions or modifications
as may be agreed to in the rezoning of the property. In addition, the developer and
any successor or assignee in title is bound by the commitments within this
Document.
4.3 PUD MASTER PLAN
A. Exhibit A, a two sheet set of plans, entitled, "Buckley Parcel -- PUD Master
Concept Plan," sheet 1 of 1, last revised November 17, 2004, and "Buckley
Parcel - West Buffer Conceptual Landscape Plan-(Zoning) Phase", dated
November 15, 2004, illustrate the proposed development and is conceptual in
nature. Proposed tract, 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 application. Subject to the
provisions of 10.02.13.E of the 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.
C. Insubstantial changes to this MUPUD, as described in LDC Section 10.02.03.E.,
and to further include reductions from what is depicted on the Master Plan
i:."'-é"C:J,,jH5:::"';'PUD cfocuments'PUD Cocument w' BCe changes 1-26-(15 20
identified above in the perimeter setbacks along Airport-Pulling Road, shall be
reviewed and approved by the Collier County Planning Commission.
4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISIONS
The MUPUD shall be subject to the Sunset Provisions of Subsection 1 0.02.B.D of
the LDC.
An annual monitoring report shall be submitted pursuant to Section 10.02.13.F of
the Collier County LDC. The monitoring report shall be accompanied by an
affidavit stating that representations contained therein are true and correct.
4.5 SUBSTITUTION TO DESIGN ST ANDARDS FOR SUBDIVISION
REGULATIONS
The Master Plan for the Buckley Mixed Use PUD is intended to achieve the goal of
establishing a harmonious integration of residential and commercial development.
This is to be achieved, largely through a common architectural theme but just as
importantly, a spatial configuration that demands interaction between all of the
uses. The interaction is partly achieved by a strong pedestrian linkage system, and
vehicular circulation plan. All requirements, relative to the design, and
infrastructure improvements, remain applicable as provided by the LDC, with the
exception that the surface of vehicular access ways may be constructed of brick
pavers or other decorative material, and access way cross sections may differ from
those required in the LDC and the Construction Standards Manual, so long as
construction standards and materials employed are approved by the Engineering
Review Services Department. Where the nature of development within the MUPUD
provides for development standards which may be different from those required by
the County's LDC, this section shall identify the development standards unique to
this MUPUD, limited to: street right-of-way, pavement width, sidewalks, and other
infrastructure requirements of the LDC and the Construction Standards Manual.
The subdivision improvement standard substitutions are as follows:
A. The Construction Standards Manual, Street Right-of Way Width--With the
exception of a signature entryway with throat distance as required by Collier
County, rights-of-way for platted streets shall be forty (40) feet in width.
B. The Construction Standards Manual, Intersection Radii--Street intersections
shall be provided with a minimum of a twenty (20) foot radius (face of curb)
for all project streets and a thirty-five (35) foot radius for intersection at
entryway.
C. The Construction Standards Manual, Reverse Curves-- Tangents shall not be
required between reverse curves on any project street
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D. Section 6.06.02 of the LDC, Sidewalks--Sidewalks may vary from the literal
application of requirements of this Subsection, recognizing the fact that a
traditional platted streets system is inconsistent with the integrated and
clustered nature of the planned mixed uses. Nevertheless, all land uses shall
be interconnected with a pedestrian walkway with a width of five feet that
may be independent of any street right-of-way.
As part of SDP approval for any substitution, the developer shall submit each
request for a substitution in writing to Community Development and Environmental
Services Director, and he shall provide clear and convincing documentation and
citations to professional engineering studies, reports or other generally accepted
professional engineering sources to substantiate the substitutions and he must show
that the substitution is based on generally accepted, sound and safe, professional
engineering principles and practices. Furthermore, no reductions from fire code
requirements are approved. (Based upon LDC Section 10.02.04.3).
4.6 TRANSPORTATION
The development of the land within this PUD shall be subject to and governed by
the following conditions:
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 Collier County LDC.
B. Arterial level street lighting shall be provided at all access points. Access
lighting shall 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.
D. Road impact fees shall be paid in accordance with Collier County Ordinance
01-13, as amended, and Section 10.02,07 of the LDC.
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 01-247), as it may be
amended, and the LDC, as it may be amended. Collier County reserves the
, ..'~ . ",;,' ';:cD ;'I.DT20Cq-AR-5220:PUD documents'PUD Document lV- BCe changes 1-26-05 22
right to modify or close any median opening existing at the time of approval
of this MUPUD 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. Neither shall the existence of a
point of ingress, a point of egress or a median opening, nor the lack thereof, 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, sidewalks, and interconnections to
adjacent developments shall be operated and maintained by an entity created
by the developer. Collier Country shall have no responsibility for maintenance
of any such facilities.
I. If any required turn lane improvement requires the use of an existing County
right-of-way or easement, compensating right-of-way shall be provided
without cost to Collier County as a consequence of such improvement. A
southbound right turn lane at the primary access point and at the southerly
entrance shall be required when requested by Collier County but not prior to
the issuance of the first building pennit.
J. If, in the 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 detennined 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.
K. Adjacent developments have been designed to provide shared access or
interconnections with this development. The MUPUD Master Plan indicates
these locations. The developer, or its assigns, shall assure that any such shared
access or interconnection is utilized and shall accommodate the perpetual use
of such access by incorporating appropriate language into the development
covenants or plat.
L. The northerly most access point shall be limited to right-in only.
M. The developer shall, in cooperation with Transportation Planning staff, seek
an interconnection for this project to Orange Blossom Drive unless the
interconnection is deemed infeasible by a joint decision by the developer and
the County.
4. 7 ENVIRONMENTAL
The development of the land within this MUPUD shall be subject to and governed
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by the following conditions:
A. All provisions of the Environmental Sections of the Collier County GMP,
Conservation and Coastal Management Element, and the LDC in effect at the
time of final development order approval shall apply.
B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan
for the site, with emphasis on the conservation/preservation areas shall be
submitted prior to final plan/construction plan approval. A schedule for exotic
removal within all preservation areas shall be submitted with the above plan.
e. Environmental pennitting shall be in accordance with the State of Florida
Environmental Resource Pennit Rules and shall be subject to review and
approval by Environmental Services Staff.
D. Removal of exotic vegetation shall not be counted towards mitigation for
impacts to Collier County jurisdictional wetlands.
E. All approved agency (SFFWMD, ACOE, FFWCC) pennits shall be submitted
prior to final plat/construction plan approval.
4.8 WATERMANAGEMENT
The development of the land within this MUPUD shall be subject to and governed
by the following condition:
A. Detailed paving, grading and site drainage plans shall be submitted to
Engineering Review Services for review and approval. No construction
pennits shall be issued unless and until the Planning Services Staff grants
approval of the proposed construction in accordance with the approved
plans.
4.9 UTILITIES
The development of the land within this MUPUD shall be subject to and governed
by the following conditions:
A. Water distribution and sewage collection and transmission facilities to serve
the project are to be designed, constructed, conveyed, owned, and maintained
in accordance with Collier County Ordinance Number 04-31, as amended, and
other applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection
facilities shall be considered to be customers of the County, ' and shall be billed
by the County in accordance with the County's established rates.
_,51' .coiJD ."UO.!-":~GJ-AR-5::20PUD clocuments'PUD Document IV- SGe changes i-2ô-O:; 24
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4.10 COMMUNITY FACILITIES
The development of the land within this MUPUD shall be subject to community
facility improvements under the following condition:
A. Recreational and/or leisure space improvements shall be constructed in
the common spaces which will be used by project residents and the
general public visiting the various business activities on the property, or
otherwise attending a special event.
4.11 POLLING PLACES
Pursuant to Section 2.01.04 of the LDC, provisions shall be made for the future
use of building space within common areas for the purposes of accommodating
the function of an electoral polling place.
An agreement shall be recorded in the official records of the Clerk of the Circuit
Court of Collier County which shall be binding upon any and all successors in
interest that acquire ownership of such common areas, including, but not limited
to, condominium associations, homeowners' associations, or tenants'
associations. This agreement shall provide for said community recreation/public
building/public room or similar common facility to be used for a polling place if
detennined to be necessary by the Supervisor of Elections.
4.12 WORKFORCE HOUSING
Five percent of the total number of dwelling units shall be initially reserved for
workforce housing which is limited to owner-occupied housing with a monthly
mortgage payment, including property taxes and insurance, not in excess of 1/12
of 30 percent of an amount which represents 50 percent to 100 percent of the
median adjusted gross annual income for the household as published annually by
the U.S. Department of Housing and Urban Development within the Naples
Metropolitan Statistical Area (MSA). The initial purchaser shall qualify for
workforce housing. Any subsequent purchaser shall not be required to qualify for
workforce housing.
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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 and correct
copy of:
ORDINANCE 2005-05
Which was adopted by the Board of County Commissioners
on the 25th day of January 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of January, 2005.
DWIGHT E. BROCK ." "... ,
Clerk ,?f. Courts ',,~f.l~~~Bi~~~~,
Ex-offlclo tO~9à:~~liRf . "_:-"
County CommissiÇ>I1~rs ; , .::; :
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ó "'a;':'~ __~,-,,: ,)/.
By: Ann Jennej oh'f{~ J0::'c'i .~,'",.'
Deputy Clerk ",....... '" .' '
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