Ordinance 2005-22
ORDINANCE NO. 05-22
AN ORDINANCE OF THE BOARD OF COUNTY
COMl'vllSSIONERS OF COLLIER COUNTY FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY FLORIDA LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE
OFFICIAL ZONING ATLAS MAP(S) TO CHANGE THE ¡-
ZONING CLASSIFICATION OF THE SUBJECT REAL
PROPERTY FROM PLANNED UNIT DEVELOPMENT
"PUD" TO "CPUD" FOR A DEVELOPMENT TO BE
KNOWN AS THE WILSON BOULEVARD CENTER
PUD FOR PROPERTY LOCATED ON THE
SOUTHEAST CORNER OF GOLDEN GATE
BOULEY ARD AND WILSON BOULEVARD WITHIN A
NEIGHBORHOOD CENTER OF GOLDEN GA TE
EST A TES, LOCATED IN SECTION 10, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 7.15 ± ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 2000-72, THE FORMER WILSON
BOULEV ARD CENTER PUD; AND PROVIDE FOR AN
EFFECTIVE DATE.
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WHEREAS, William J. Hoover, AICP, of Hoover Planning and Development,
Inc., representing Wilson Boulevard Center LLC, petitioned the Board of County
Commissioners to change the zoning classification of the subject real property, pursuant
to Petition PUDZ-2003-AR-3585.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida that:
SECTION ONE:
The zoning classification of the subject real property located in Section 10,
Township 49 South, Range 27 East, Collier County, Florida, is changed from "PUD" to
"CPUD" Commercial Planned Unit Development in accordance with the PUD
Document, attached hereto as Exhibit "A," which is incorporated herein and by reference
made part hereof. The appropriate zoning atlas map or maps as described in Ordinance
Number 2004-41, as amended, the Collier County Land Development Code, is hereby
amended accordingly.
SECTION TWO:
Ordinance Number 2000-72, known as the Wilson Boulevard Center PUD,
adopted on November 14, 2000, by the Board of County Commissioners of Collier
County, is hereby repealed in its entirety and replaced with these regulations.
SECTION THREE:
This Ordinance shall become effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by super-~,ority vo~e of the ~oard of County
Commissioners of Collier Connty, Florida, this-LLL day of 7J;\1f ,2005.
(
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT)3.·!3!\OÇK,.~LERK
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BY: ~W. ~
FRED W. COYLE, CHA N
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Patrick G. White
Assistant County Attorney
PUDZ-2003 -AR -3585/M D/sp
This ordinance filed with the
Secretory of State's Office the
IIt2:!fl day of~, ZO/)5
and ocknowledgemAnt of that
fil~eceived this ~ day
of ~Aoo¿.1kr¡JlyAh'.
D.puty Clerk
2
WILSON BOULEVARD CENTER CPUD
A COMMERCIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WILSON BOULEVARD
CENTER CPUD, A COMMERCIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
WILLIAM L. HOOVER, MANAGING MEMBER
WILSON BOULEVARD CENTER, LLC
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING & DEV., INC.
3785 AIRPORT ROAD No, SUITE B-1
NAPLES, FLORIDA 34105
and
RICHARD D. YOV ANOVICH
GOODLETTE, COLEMAN & JOHNSON, P.A.
4001 TAMIAMI TRAIL N., SUITE 300
NAPLES, FLORIDA 34103
DATE FILED January 6.2003
DATE REVISED Mav 9. 2005
DATE REVIEWED BY CCPC April 21. 2005
DATE APPROVED BY BCC
ORDINANCE NUMBER 99 72 05-22
AMENDMENTS AND REPEAL ~00-7 2 .
EXHIBIT nAn
TABLE OF CONTENTS
PAGE
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III COMMERCIAL AREAS PLAN
SECTION IV DEVELOPMENT COMMITMENTS
ii
1
2
4
7
14
EXHIBIT "An
EXHIBIT "B"
LIST OF EXHIBITS
CPUD MASTER PLAN
LOCATION MAP
ii
STATEMENT OF COMPLIANCE
The development of approximately 7.15 acres of property in Collier County, as a
Commercial Planned Unit Development to be known as the Wilson Boulevard Center
CPUD 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 VVilson Boulevard Center CPUD 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 Neighborhood Center of the Estates-Mixed
Use Designation as identified on the Future Land Use Map and as described in
the Golden Gate Area Master Plan. The Golden Gate Area Master Plan permits
commercial land uses in this area. There are numerous criteria for Neighborhood
Centers and this CPUD is consistent with them.
2. The Project development is compatible and complementary to existing and
future surrounding land uses as required in Policy 5.4 of the Future Land Use
Element.
3. The Project shall be in compliance with all applicable County regulations
including the Growth Management Plan.
4. All final local development orders for this Project are subject to Section 6.02.00
Adequate Public Facilities Requirements, of the Collier County Land
Development Code as set forth in Objective 1.2 of the Golden Gate Area Master
Plan.
5. Improvements are planned to be in compliance with all applicable sections,
including environmental sections, of the Collier County Land Development Code
as set forth in Objective 3 of the Future Land Use Element.
6. The project is located within a wellfield protection zone and the project
development is planned to protect the functioning of these natural groundwater
aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-
Element of the Public Facilities Element and Objective 3.1 of the Conservation
and Coastal Management Element.
1
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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 Wilson Boulevard Center CPUD.
1.2 LEGAL DESCRIPTION
The subject property being 7.15 acres, is comprised of 3 contiguous parcels, and
is located in Section 10, Township 49 South, and Range 27 East. The legal
description of the subject property is:
All of Tract 17 and the west half of Tract 18 less the north 75 feet for Golden
Gate Boulevard right-of-way, Golden Gate Estates Unit 13, as recorded in Plat
Book 7, Pages 71 and 72 of the Public Records of Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The subject property is owned by William L. Hoover, Managing Member of
Wilson Boulevard Center, LLC, 3785 Airport Road North, Suite B-1, Naples,
Florida 34105.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located at the southeast corner of Wilson
Boulevard and Golden Gate Boulevard (unincorporated Collier County),
Florida.
B. The property is currently vacant and is zoned PUD. It is proposed to be
rezoned to CPUD for low intensity transitional commercial land uses,
convenience commercial land uses, and intermediate commercial land
uses.
1.5 PHYSICAL DESCRIPTION
The Project is located within the Golden Gate Drainage Basin according to the
Collier County Drainage Atlas. The proposed outfall for the Project is to an
existing Wilson Boulevard swale along the western boundary of the Project.
Natural ground elevation varies from 12.7 to 13.6 NGVD and the entire site is
located within FEMA Flood Zone "X" with no base flood elevation specified.
2
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The water management system of the Project will be permitted by Collier County.
All rules and regulations of SFWMD will be imposed upon this Project including
but not limited to: storm attenuation with a peak discharge rate per Collier County
and SFWMD Rules, minimum roadway centerline, perimeter berm and finished
floor elevations, and water quality pre-treatment. The water management
system of the Project proposes the construction of a perimeter berm with crest
elevation set at or above the 25-year, 3-day peak flood stage. Water quality pre-
treatment will be accomplished by an on-site retention system prior to discharge
into the Wilson Boulevard swale.
Per the Collier County Soil Legend dated January 1990, the soil types found
within the limits of the property are #14 - Pineda Fine Sand and #21 - Boca Fine
Sand.
The site was historically a hydric pine flatwoods with scattered cypress. The site
is dominated by slash pines, cabbage palms, and cypress. The ground cover is
dominated by vines with scattered pockets of swamp fern and palmettos.
1.6 PROJECT DESCRIPTION
The Wilson Boulevard Center CPUD will include a mixture of retail and office
land uses with a common architectural theme in a rural-type setting. Floor area
for these uses shall not exceed 42,000 square feet.
The Master Plan is illustrated graphically on Exhibit "A," CPUD Master Plan. A
Land Use Summary indicating approximate land use acreage is shown on the
plan.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Wilson Boulevard Center
Commercial Planned Unit Development Ordinance."
3
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 Wilson Boulevard Center CPUD shall
be in accordance with the contents of this document, CPUD-Commercial
Planned Unit Development District, applicable sections and parts of the
Collier County Land Development Code and Collier County Growth
Management Plan in effect at the time of local final development order or
building permit application. Where these regulations fail to provide
developmental standards, then the provisions of the most similar district in
the Collier County Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the date of adoption of this CPUD.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Wilson Boulevard Center CPUD
shall become part of the regulations, which govern the manner in which
the CPUD site may be developed,
D. Unless specifically waived through any variance or waiver provisions from
any other applicable regulations, the provisions of those regulations not
otherwise provided for in this CPUD 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 Section 6.02,00 Adequate
Public Facilities Requirements of the Collier County Land Development
Code (LDC) at the earliest, or next, to occur of either Final Site
Development Plan approval, Final Plat approval, or building permit
issuance applicable to this development.
4
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Project Master ,Plan is illustrated graphically by Exhibit "A," CPUD
Master Plan.
B. Minor modifications to Exhibit "A," may be permitted at the time of Site
Development Plan approval, subject to the provisions of Section 10.02.13
E. of the Collier County Land Development Code or as otherwise
permitted by this CPUD Document.
C.ln addition to the various areas and specific items shown in Exhibit "A,"
easements such as utility, private, semi-public shall be established and/or
vacated within or along the property, as may be necessary,
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Exhibit "A," CPUD Master Plan, constitutes the required CPUD
Development Plan. Except as otherwise provided within this CPUD
Document, any division of the property and the development of the land
shall be in compliance with the Subdivision Regulations and the platting
laws of the State of Florida.
B. The provisions of Section 10.02.03 Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Section 10.02.03 in
effect prior to the issuance of a building permit or other development
order.
C. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and the methodology for
providing perpetual maintenance of common facilities.
2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the CPUD as provided in Section 10.02.13 E. of
the Land Development Code.
2.6 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and/or amenities whose
ownership and maintenance responsibility is a common interest to all of the
subsequent purchasers of property within said development in which the
common interest is located, that developer entity shall provide appropriate legal
instruments for the establishment of a Property Owners Association whose
function shall include provisions for the perpetual care and maintenance of all
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common facilities and open space including the 5-foot high wall and school bus
stop facility provided by the developer. These developer commitments will be
enforced through provisiOfls agreed to and included in the declaration of
covenants and restrictions or similar recorded instrument. Such provisions must
be enforceable by lot owners against the developer, its successors and assigns,
regardless of turnover or not to any Property Owners Association.
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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," CPUD Master Plan.
3.2 GENERAL DESCRIPTION
Commercial areas designated on the CPUD Master Plan are intended to provide
both retail and office uses with a common architectural theme in a rural-type
setting. Floor area for these uses shall not exceed 42,000 square feet.
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:
A. Permitted Principal Uses and Structures:
(1) Apparel and accessory stores (groups 5611 _ 5661).
(2) Automobile supply stores (group 5531 but only the sale of new auto
supplies and no on-site installation).
(3) Business services (groups 7311, 7334 - 7336, 7377, 7378, 7384).
(4) Child day care services (group 8351).
(5) Depository institutions (groups 6021-6062).
(6) Eating places (group 5812 except for fast food restaurants and
restaurants with a drive-through. This shall not preclude cafes,
dairy bars, ice cream stands, pizzerias, sandwich shops, soda
fountains, and submarine shops). On Consumption of alcoholic
beverages on premises shall be subject to Section 5.05.01 of the
Land Development Code.
(7) Engineering, accounting, and bookkeeping services (groups 8713,
8721 ).
(8) Food stores (groups 5411 excluding convenience stores, 5421 _
5499).
7
(9) General merchandise stores (group 5399).
(10) Hardware supplies (groups 5231 - 5251).
(11) Health services (groups 8011 - 8049).
(12) Home furniture, furnishings and equipment stores (groups 5714,
5719, 5734, 5735).
(13) Insurance carriers, agents, and brokers (groups 6311 - 6399,
6411 ).
(14) Legal services (group 8111).
(15) Miscellaneous retail (groups 5912, 5941 - 5948, 5992).
(16) Motion pictures (groups 7832 but only in conjunction with a sit-
down restaurant and 7841).
(17) Personal services (groups 7212,7221 - 7251,7291).
(18) Physical fitness facilities (group 7991).
(19) Real estate (group 6531).
(20) United States Postal Service (group 4311 except major distribution
center) .
(21) Veterinary services (group 0742 for household pets only and no
outside kenneling or overnight boarding).
(22) Any other commercial use or professional service, which is
comparable in nature with the foregoing uses.
B. Accessory Uses:
Uses and structures that are accessory and incidental to the Permitted
Uses within this PUD Document, except drive-through facilities, are limited
only to banks with a maximum of three (3) drive-through lanes per bank.
C. Prohibited Permitted Uses:
(1) Drinking places (group 5813) and liquor stores (group 5921).
8
(2) Mail order houses (group 5961) and merchandising machine
operators (group 5962).
(3) Power laundries (group 7211) and funeral service and crematories
(group 7261).
(4) Radio and television representatives (group 7313) and direct mail
advertising services (group 7331).
(5) Amusement and recreation services (group 7999).
(6) General, specialty, and psychiatric hospitals (groups 8062, 8063,
8069).
(7) Educational services (groups 8211 - 8231).
(8) Correctional institutions (group 9223).
(9) Environmental resource and solid waste management (group
9511) .
(10) Homeless shelters and soup kitchens.
(11) Gasoline service stations (group 5541).
(12) Refuse systems, including hazardous materials (group 4953).
3.4 DEVELOPMENT STANDARDS
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A. Minimum Lot Area:
Ten thousand (10,000) square feet.
B. Minimum Lot Width:
One hundred (100) feet.
C. Minimum Yards:
(1) Principal structures:
(a) Front Yard - Twenty-five (25) feet.
(b) Side Yard - Fifteen (15) feet.
(c) Rear Yard - Fifteen (15) feet.
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(2) Accessory Structures:
Setbacks shall be as required by Section 4.02.03 of the Land
Development Code in effect at time of building permit application.
D. Minimum Distance Between Principal Structures:
Fifteen (15) feet.
E. Minimum Floor Area:
Seven hundred (700) square feet for the principal structure on the first
habitable floor.
F. Maximum Heiqht:
Thirty-five (35) feet and one (1 )-story.
G. Off-Street Parkinq and Loadinq Requirements:
As required by Division 4.05.00 of the Land Development Code in effect at
the time of building permit application,
H. Open Space Requirements:
(1) A minimum of thirty (30) percent open space of the 6.43 acres
remaining after subtracting land that is within the Golden Gate
Boulevard and Wilson Boulevard rights-of-way shall be devoted to
open space, as described in Section 4.07.02 G.3. of the Land
Development Code.
(2) A minimum of fifteen (15) percent of the 6.43 acres remaining after
subtracting land that is within the Golden Gate Boulevard and
Wilson Boulevard rights-of-way shall be devoted to natural habitat
preserve area, as described in Section 3,05.07 of the Land
Development Code.
(3) A functional public open-space component shall be provided. Such
public open-space shall be developed as green space within a
pedestrian-accessible courtyard, as per Section 4.06.03 B.3. of the
Collier County Land Development Code, as in effect at the time of
this PUD approval.
I. Landscapinq and Bufferinq Requirements:
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(1) A twenty-five (25)-foot wide buffer shall be provided along both
Golden Gate Boulevard and Wilson Boulevard. This buffer shall
contain two (2) staggered rows of trees that shall be spaced no
more than thirty (30) feet on-center, and a double row hedge at
least two (2) feet in height at time of planting and attaining a
minimum of three (3) feet height within one (1) year. A minimum of
fifty (50) percent of the twenty-five (25)-foot wide buffer area shall
be comprised of a meandering bed of shrubs and ground covers
other than grass, Existing native trees must be retained within this
twenty-five (25)-foot wide buffer area to aid in achieving this buffer
requirement; other existing native vegetation shall be retained,
where possible, to aid in achieving this buffer requirement. Water
retention/detention areas shall be allowed in this buffer area if left
in natural state, and drainage conveyance through the buffer area
shall be allowed, if necessary, to reach an external outfall.
(2) Where this CPUD directly abuts residential property zoned E-
Estates and without an approved conditional use a minimum
seventy-five (75) feet buffer shall be provided in which no parking
uses are permitted. Twenty-five (25) feet of the width of the buffer
along the developed area shall be a landscape buffer. A minimum
of fifty (50) feet of the buffer width shall consist of retained native
vegetation and must be consistent with subsection 3.05.07H. of the
Collier County Land Development Code (LDC). The native
vegetation retention area may consist of a perimeter berm and be
used for water management detention. Any newly constructed
berm shall be revegetated to meet subsection 3.05.07H. of the
LDC (native vegetation replanting requirements). Additionally, in
order to be considered for approval, use of the native vegetation
retention area for water management purposes shall meet the
following criteria:
(a) There shall be no adverse impacts to the native vegetation
being retained. The additional water directed to this area
shall not increase the annual hydro-period unless it is proven
that such would have no adverse impact to the existing
vegetation.
(b) If the Project requires permitting by the South Florida Water
Management District, the Project shall provide a letter or
official document from the District indicating that the native
vegetation within the retention area will not have to be
removed to comply with water management requirements. If
the District cannot, or will not, supply such a letter, then the
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native vegetation retention area shall not be used for water
management.
(c) If the project is reviewed by Collier County for water
management permitting, the County engineer shall provide
evidence that no removal of native vegetation is necessary
to facilitate the necessary storage of water in the water
management area.
(3) A five-foot high wall shall be constructed on the commercial side of
the required landscape buffer between this CPUD and the adjacent
residential use to the south and such wall shall be continued
northward twenty-five feet from its most eastern point. Such wall
shall have a brick and/or stone finish facing away from this CPUD,
(4) Prior to commencing clearing of the subject property, the developer
shall erect a 6-foot high chain link fence along the northern
boundary of the abutting residential home to the south extending
eastward from approximately the Wilson Boulevard right-of-way to
the northeast corner of this first residential lot, then southward 330
feet to the southeast corner of the second residential home located
to the south of the Wilson Boulevard Center PUD and then
westward to approximately the Wilson Boulevard right-of-way, Such
fence shall also be extended from its eastern boundary
approximately 330 feet westward until it connects to an existing
fence running between the first 2 residential homes to the south.
J. Siqns:
Signs shall be permitted as described in Section 5.06.00 of the Collier
County Land Development Code.
K. Solid Waste:
Trash receptacles shall be screened on three (3) sides by a six (6) to eight
(8) foot high opaque masonry wall or fence with an opaque gate on the
remaining side for access.
L. Liqhtinq:
All lighting facilities shall be architecturally-designed, and shall be limited
to a maximum height of twenty-five (25) feet. Such lighting facilities shall
be shielded from neighboring residential land uses.
M. Architectural Buildinq Desiqn:
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(1) The Project shall meet all applicable standards of Division 5.05.08
Architectural Standards for Commercial Buildings and Projects.
(2) All buildings shall have tile roofs, "Old Florida" style metal roofs, or
decorative parapet walls above the roofline. The buildings shall
have an "Old Florida" architectural style and be finished in light,
subdued colors, except for decorative trim.
(3) Pedestrian traffic shall be encouraged through the placement of
sidewalks, pedestrian walkways, and marked crosswalks within
parking areas. Walkways or courtyards shall connect adjacent
buildings. Adjacent projects shall coordinate placement of
sidewalks so that a continuous pathway through the Neighborhood
Center is created,
N. Common Architectural Theme:
All buildings within this CPUD shall utilize a common architectural theme
and be set by the architectural theme shown on the first Site Development
Plan approved within this CPUD. This theme shall meet the design
standards described in Section 3.4M,(2) of this CPUD Document and shall
be applicable to both building design and signage. Bank drive-through
areas shall be architecturally integrated with the rest of the bank building.
O. Time Limitations for the Main Multi-Tenant Retail and Office Buildinq(s)
The main multi-tenant retail and office building(s) shall be limited in hours
open to the public from 6:00 A.M. to 10:00 P.M. for Sundays through
Thursdays and from 6:00 A.M. to 11 :00 P.M. for Fridays and Saturdays.
This shall not apply during Collier County designated "Hurricane
Warnings" or to drugstores.
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SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the regulations for the development of
this 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 CPUD. Except where specifically noted or
stated otherwise, the standards and specifications of the official County land
Development Code shall apply to this Project even if the land within the CPUD 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 CPUD Master Plan
and the regulations of this CPUD as adopted and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor or assignee in title shall be subject to any commitments within this
agreement.
4.3 PUD MASTER PLAN
A. Exhibit "A," PUD Master Plan illustrates the proposed development and is
conceptual in nature except that applicant shall be committed to the
Natural Habitat Preserve Areas as shown on the CPUD Master Plan,
Proposed area, lot or land use boundaries, or special land use boundaries
shall not be construed to be final and may be varied at any subsequent
approval phase such as Final Platting or Site Development Plan approval.
Subject to the provisions of Section 10.02.13 E. of the Collier County
land Development Code, amendments may be made from time to time as
long as not in conflict with the Growth Management Plan.
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,
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A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The Project is expected to be developed in one (1) or
two (2) phases.
A. The landowners shall proceed and be governed according to the time
limits pursuant to Section 10.02.13 D. of the Land Development Code.
B, Monitorinq Report: An annual monitoring report shall be submitted
pursuant to Section 10.02.13 F. of the Collier County Land Development
Code.
4.5 ENGINEERING
A. Except as otherwise provided within this CPUD Document, this Project
shall be required to meet all County Ordinances in effect at the time final
construction documents are submitted for development approval.
B. If the Property is subdivided into three (3) or more parcels, a plat shall be
required.
4.6 PLANNING
A. Pursuant to Section 2.03.07 E. of the Land Development Code, if during
the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
4.7 ENVIRONMENTAL
A. Pursuant to Section 10,02.06 C. of the Land Development Code, the
petitioner shall implement an exotic vegetation removal, monitoring, and
maintenance (exotic free) plan for the subject property. This maintenance
plan shall be implemented on a yearly basis at a minimum.
B. This CPUD shall be consistent with the Environmental Section of the
Collier County Growth Management Plan Conservation and Coastal
Management Element and the Collier County Land Development Code at
the time of final development order approval.
C. This CPUD shall comply with the guidelines and recommendations of the
U.S. Fish and Wildlife Service (U8FW8) and Florida Fish and Wildlife
Conservation Commission (FFWCC) regarding potential impacts to
protected species onsite. A Habitat Management Plan for those protected
15
species shall be submitted to Environmental Review staff for review and
approval prior to final Site Plan/Construction Plan approval.
D. All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on the
plat with protective covenants per or similar to Section 704.06 ot the
Florida Statutes. Setbacks and buffers shall be provided in accordance
with Section 3.05.07 of the Collier County Land Development Code,
E. In the event the CPUD does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated on the plat to the project's commercial property owners
association or like entity for ownership and maintenance responsibility and
to Collier County with no responsibility for maintenance.
F. If the vegetation in the preserve area does not survive due to inundation
of water, this area will be re-planted with native water tolerant species with
a plan approved by Environmental Review staff,
4.8 UTILITIES
A. Since the project site is not presently within a County or other authorized
water and sewer service area, thus not serviced with centrally provided
water and sewer, the project shall utilize well and septic systems until it is
within an authorized water and sewer service area and central water and
sewer are available.
4.9 TRANSPORTATION
A. All work within Collier County rights-ot-way or public easements shall
require a Right-of-Way permit.
8. Arterial level street lighting shall be provided at all access points. Access
lighting must be in place prior to the issuance of the first Gertificate of
Occupancy (CO).
C. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FOOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FOOT
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 Land
Development Code (LDC).
16
D, 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 Certificate of Occupancy.
E. Road Impact Fees shall be paid in accordance with Collier County
Ordinance 01-13, as amended, and Division 6.02.00 of the LDC.
F, All proposed median openings shall be in accordance with the Collier
County Access Management Policy (Resolution 01-24 7), as it may be
amended, and the LDC, as it may be amended. Collier County reserves
the right to modify or close any median opening existing at the time of
approval of this CPUD 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 will 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
Collier 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
maintainep 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 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.
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 Certificate of Occupancy.
K. At the time of the first application for site development plan, the petitioner
shall contribute $5,000.00 to the Collier County School District for
acquisition and/or construction of a public school bus stop to be located
as close as possible to the subject site and be subject to approval by the
Department of Alternative Modes of Transportation.
17
4.10 STORMW A TER MANAGEMENT
Maximum allowable discharge rates shall be per Ordinance No. 90-10, as
amended.
18
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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. 2005-22
Which was adopted by the Board of County Commissioners on
the 10th day of May 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 12th day
of May, 2005.
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