Ordinance 2005-48
ORDINANCE NO. 05 - 48
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE OR ITS SUCCESSOR, WHICH
INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, TO AMEND THE
APPROPRIATE OFFICIAL ZONING ATLAS MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
SUBJECT REAL PROPERTY FROM PLANNED UNIT
DEVELOPMENT (PUD) TO COMMERCIAL PLANNED
UNIT DEVELOPMENT (CPUD) FOR A PROJECT
KNOWN AS CLESEN CPUD, FOR PROPERTY
LOCATED ON THE NORTH SIDE OF PINE RIDGE
ROAD, APPROXIMATELY 1,000 FEET EAST OF THE
WHIPPOORWILL LANE AND PINE RIDGE ROAD
INTERSECTION, IN SECTION 7, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 4.33± ACRES; PROVIDING
FOR THE REPEAL AND REPLACEMENT OF
ORDINANCE NUMBER 98-10, AS AMENDED, THE
FORMER CLESEN PUD; AND PROVIDE FOR AN
EFFECTIVE DATE.
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WHEREAS, William Hoover, AICP, of Hoover Planning and Development, Inc.,
representing Frank Clesen and Sons Inc., petitioned the Board of County Commissioners to
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change the zoning classification ofthe subject real property pursuant to PUDZ-2003-AR-358,8.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF i COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT:
SECTION ONE:
The Zoning Classification of the subject real property described in Section 1.2 of the PUD
document attached hereto as Exhibit "A," which is incorporated herein and by reference made part
hereof, located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, is
changed from Commercial Planned Development (PUD) to Commercial Planned Unit
Development (CPUD). The appropriate Zoning Atlas Maps, as described in Ordinance Number
,
04-41, as amended, the Collier County Land Development Code, or its successor, islare ~ereby
amended accordingly.
SECTION TWO:
Ordinance Number 98-10, as amended, known as the Clesen CPUD, adopted on February
10, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its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.
I
·
PASSED AND DULY ADOPTED by su~ajority vote of the Board of- County
Commissioners of Collier County, Florida, this Å 1 day of <.;; ~;I bl1Þ,lí. 2005.
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
lerk
BY: ~W. ~
FRED W. COYLE, CHA
Patrick G. White
Assistant County Attorney
Tfifs5rafnance fr'ed-w~tf. tEë
'secreta, ry of s.tqt~s O,ffice }ge
.:2._ dcy of (2e!Þ_t.~!: 2.00_
cnd fJcknow:~;dC1~emznt "',"~. ~ !-\~:1
4'líng received Üw; .JJ.:
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2
CLESEN CPUD
A COMMERCIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CLESEN CPUD, A
COMMERCIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
RICHARD J. CLESEN, PRESIDENT
FRANK CLESEN & SONS, INC.
316 FLORENCE AVENUE
EVANSTON, ILLINOIS 60202-3298
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING & DEV., INC.
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
RICHARD D. YOV ANOVICH
GOODLETTE, COLEMAN & JOHNSON, P.A.
4001 TAMIAMI TRAIL NORTH, Suite 300
NAPLES, FLORIDA 34105
JEFFREY D. DAVIDSON, PE
DAVIDSON ENGINEERING, INC.
2154 TRADE CENTER WAY, SUITE 3
NAPLES, FLORIDA 34109
DATE REVIS
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER '05 -
AMENDED ORDINANCE NUMBER/DATE #98-10 on
EXHIBIT "A"
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
13
LIST OF EXHIBITS
EXHIBIT A
EXHIBIT B
CPUD MASTER PLAN
SKETCH OF REAR WALL
ii
STATEMENT OF COMPLIANCE
The development of approximately 4.33 acres of property in Collier County, as a
Commercial Planned Unit Development to be known as the Clesen 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 Clesen
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 Interstate Activity Center Land Use Designation
as identified on the Future Land Use Map, as described in the Activity Center
Subdistrict of the Urban - Commercial District in the Future Land Use Element.
The Future Land Use Element permits commercial land uses in this area.
2. The subject property is located on the northern side of Pine Ridge Road,
approximately 1000 feet east of the intersection between Whippoorwill Lane and
Pine Ridge Road. This strategic location allows the site superior access for the
location of highway interchange land uses, as permitted by the Future Land Use
Element.
3. The subject property's location in relation to existing or proposed community
facilities and services permits the development's intensity of land uses as
required in Objective 2 of the Future Land Use Element.
4. The subject project will have a shared access, with the adjacent tract to the west
and the subject parcel will provide an access easement for both properties to the
east, so that all 4 properties can utilize only a single access onto Pine Ridge
Road. Such access point is a designated access point on the Collier County
Access Management Plan, as described in Policy 4.4 of the Future Land Use
Element.
5. 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.
6. The project shall be in compliance with all applicable County regulations
including the Growth Management Plan.
7. 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 Policy 3.1 of the Future Land Use Element.
1
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 Clesen CPUD.
1.2 LEGAL DESCRIPTION
The subject property, zoned Clesen PUD, being 4.33 acres, and located in
Section 7, Township 49 South, and Range 26 East, is legally described as:
All of Tract 92, Golden Gate Estates Unit No. 35, according to the Plat thereof,
as recorded in Plat Book 7, Page 85, of the Public Records of Collier County,
Florida.
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Frank Clesen & Sons, Inc., Attention: Richard J. Clesen, President, 316
Florence Avenue, Evanston, Illinois 60202-3298.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the northern side of Pine Ridge Road
approximately 1,000 feet east of the intersection between Whippoorwill
Lane and Pine Ridge Road (unincorporated Collier County), Florida.
B. The property is currently vacant. The entire project site currently has PUD
Zoning and is proposed to be rezoned to CPUD.
1.5 PHYSICAL DESCRIPTION
The project site is located within the 1-75 canal basin as shown on the Collier
County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the 1_
75 canal system. The project will be designed for a storm event of 3-day
duration and 25-year return frequency as well as water quality in accordance with
the rules of South Florida Water Management District.
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Elevations of the property range from 11.5 feet NGVD to 12.0 feet NGVD, with
an average existing grade of 11.7 feet NGVD. The site is within Flood Zone "X"
per Flood Insurance Rate Map (FIRM Panel#120067 0425 D).
The soil type of the project is shown as Oldsmar Fine Sand on the Collier County
Soil Maps. The site has been previously farmed and is classified as Fallow Crop
Land according to FLUCCS.
1.6 PROJECT DESCRIPTION
The Clesen CPUD will include retail uses, office uses, or a combination thereof.
Section 4.88. of the Clesen CPUD establishes guidelines and standards to
ensure a high and consistent level of quality for proposed features and facilities.
Uniform guidelines and standards as described in Section 4.88. of the Clesen
CPUD will be created by the developer for such features and facilities as
landscaping, signage, lighting, roadway treatments, fences and buffers at the
time of the Site Development Plan application.
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 "Clesen Commercial Planned
Unit Development Ordinance".
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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 Clesen 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 time of building permit application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Clesen 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 Division 6.02 Adequate Public
Facilities Requirements of the Collier County Land Development Code at
the earliest, or next, to occur of either Final Site Development Plan
approval, Final Plat approval, or building permit issuance applicable to this
development.
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2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including layout of streets and use of land for the
various tracts, is illustrated graphically by Exhibit "A", CPUD Master Plan.
There shall be 3 land use tracts, plus necessary water management
lakes, street rights-of-way, the general configuration of which is also
illustrated by Exhibit "A".
B. Minor modifications to Exhibit "A", may be permitted at the time of Site
Development Plan approval, subject to the provisions of Section
1 0.02.13E. of the Collier County Land Development Code.
C. In addition to the various areas and specific items shown in Exhibit "A",
easements such as (utility, private, semi-public, etc.) shall be established
and/or vacated within or along the property, as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
Hotels and motels shall be limited to a floor area ratio of 0.60. Retail and office
uses shall be limited to 40,000 square feet of gross floor area.
2.5 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 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.
2.6 AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN
Amendments may be made to the CPUD as provided in Section 10.02.13E. of
the Land Development Code.
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2.7 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
common facilities and open space.
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SECTION III
COMMERCIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for
Areas "A", "B", and "c" of the site as shown on Exhibit "A", CPUD Master Plan.
3.2 GENERAL DESCRIPTION
Areas designated on the CPUD Master Plan are intended to provide commercial
land uses, especially those serving travelers, and office uses. The 4.33 acre site
is located on the northern side of Pine Ridge Road approximately 1000 feet east
of the intersection between Whippoorwill Lane and Pine Ridge Road. It is also
designated an Interstate Activity Center.
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. Area "A" Permitted Principal Uses and Structures:
1. Open Space.
2. Stormwater Management Areas.
B. Area "B" Permitted Principal Uses and Structures:
1. Apparel and Accessory stores (groups 5611 - 5699).
2. Depository Institutions [groups 6021-6062 (Commercial Banks,
Savings Institutions, and Credit Unions)].
3. Eating Places (group 5812, sit-down restaurants only).
4. Food Stores (groups 5411 including supermarkets but not
convenience stores, 5421 - 5499 except no roadside sales).
5. General Merchandise Stores (groups 5311 - 5399).
6. Health Services (groups 8011 - 8049,8082).
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7. Home Furniture, Furnishings and Equipment Stores (groups 5712 -
5736).
8. Hotels and Motels at a maximum floor area ratio of 0.60 (group
7011 ).
9. Insurance Agents, Brokers, and Services (group 6411).
10. Legal Services (group 8111).
11. Miscellaneous Retail [group 5912 (Drug Stores), 5941 (Sporting
Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992
(Florists), 5994 (Newstands), and 5995 (Optical Goods)].
12. Paint and Wallpaper Stores (group 5231 except glass stores).
13. Personal Services (group 7212 Dry-cleaning and laundry pickup
stations only, 7215, 7217, 7219 - 7261 except crematories, 7291).
14. Professional Offices, Medical Offices, and Management Consulting
Services (groups 8711 - 8748).
15. Real Estate Agents and Managers (group 6531).
16. Travel Agencies (group 4724).
17. Video Tape Rental (group 7841).
C. Area "C" Permitted Principal Uses and Structures
1. All Permitted Principal Uses for Area "B" as described within this
CPUD Document.
2. Auto Supply Stores (group 5531).
3. Eating Places (group 5812).
D. Accessory Uses:
1. Uses and structures that are accessory and incidental to the
Permitted Uses within this CPUD Document.
2. The sale of alcoholic beverages for on-premise consumption is
permitted accessory to eating places (group 5812) as provided for
in Section 3.3. The sale of alcoholic beverages is limited to a
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maximum of 30% of the gross annual receipts for such eating
places. The business owner(s) shall submit an annual report to the
Collier County Planning Director on or before April 15 of each
calendar year evidencing that the revenue derived from the sale of
alcoholic beverages did not exceed 30% of the gross revenue of
said establishment for the preceding year. This report shall be
prepared by or attested to by a certified public accountant. On-site
consumption of alcoholic beverages shall be subject to Section
5.05.01 of the Land Development Code.
3. Loud speakers and public address systems are prohibited for all
land uses.
3.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area:
Twelve thousand (12,000) square feet.
B. Minimum Lot Width:
Seventy-five (75) feet.
C. Minimum Yards:
(1) Principal structures:
(a) Front Yard - Twenty-five (25) feet.
(b) Yard Along Livingston Woods Lane - Eighty-two and one-
half (82.5) feet.
(c) Side Yard - Ten (10) feet.
(d) Side Yard External to the CPUD - Fifteen (15) feet.
(e) Rear Yard - Fifteen (15) feet.
(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.
However, all accessory structures shall be setback a minimum of
eighty-two (82.5) feet from Livingston Woods L~ne.
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D. Distance Between and Number of Principal Structures:
Twenty (20) feet. Principal structures shall be limited to a maximum of
three (3) buildings.
E. Minimum Floor Area:
Seven hundred (700) square feet for the principal structure on the first
habitable floor.
F. Maximum Heiqht:
Three (3) stories not to exceed thirty-five (35) feet. Hotels and motels
constructed to a height of three (3) stories shall not have any windows or
balconies on the upper story facing the north.
G. Off-Street Parkinq and Loadinq Requirements:
As required by Division 4.05 of the Land Development Code in effect at
the time of building permit application.
H. Open Space Requirements:
A minimum of thirty (30) percent open space of the gross area for the
entire CPUD, excluding the thirty (30) foot wide R.O.W. easement within
Livingston Woods Lane, shall be devoted to open space, as described in
Section 4.07.02G.3. of the Land Development Code.
(1) Area "A" of the CPUD Master Plan shall contain a minimum of .55
acre of open space.
(2) Area "B" of the CPUD Master shall contain a minimum of .30 acre
of open space.
(3) Area "C" of the CPUD Master Plan shall contain a minimum of .38
acre of open space (0.55 acre for Area "A" + 0.30 acre for Area "B"
+ 0.38 acre for Area "C" = 1.23 acre).
I. Bufferinq Requirements:
(1) A twenty (20) foot wide Type "D" Buffer shall be provided along
Pine Ridge Road, with the landscaping as required in Section
4.06.02 of the Collier County Land Development Code.
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(2) A twenty (20) foot wide Type "D" Buffer shall be provided along
Livingston Woods Lane, with more stringent screening than
required in· Section 4.06.02 of the Collier County Land
Development Code. Trees shall be spaced a minimum of fifteen
(15) feet on-center and a double row of shrubs shall be spaced a
minimum of three (3) feet on-center, with both trees and at least
one (1) row of shrubs located on the northern side of an eight (8)
foot tall architecturally finished opaque masonry wall. Such wall
shall have a common architectural theme with the other buildings
and signage within the CPUD as described in Section 4.8B. of this
CPUD Document and be installed and maintained with a finished
side out towards Livingston Wood Lane. Such trees and shrubs
shall meet the requirements of Section 4.06.05 of the Collier
County Land Development Code. This buffer shall be installed as
a required improvement for the first Site Development Plan within
the subject CPUD. Additionally, between the wall and the northern
boundary of Area "B", there shall be planted at least fifteen (15)
Red Maples trees, or similar species, that are at least eight (8) feet
tall.
(3) Buffering between Area "B" and Area "C" of the CPUD, shall be a
ten (10) foot wide Type "D" Buffer along both sides of the paved
roadway.
(4) Irrigation and maintenance of all buffering material will be
conducted in compliance with the Land Development Code as it
may be in effect at the time of Site Development Plan approval.
(5) Required landscaping shall be maintained per Section 4.06.05 of
the Land Development Code.
J. Siqns
Signs shall be permitted as described in Section 5.06 of the Collier County Land
Development Code except pole signs, as described in Section 5.06.04 shall not
be permitted. Ground signs, as described in Section 5.06.05, shall be permitted
but shall not exceed a maximum height of eight (8) feet. Signage shall also meet
the architectural standards further described in Section 4.8B. of this CPUD
Document.
K. Solid Waste
Trash receptacles shall be screened on three (3) sides by ~ seven (7) foot high
opaque masonry wall with an opaque gate on the remaining side for access.
Such masonry wall shall also meet the architectural standards further described
in Section 4.8B. of this CPUD Document.
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L. Liqhtinq
Pole lighting shall be prohibited. Architecturally finished lampposts not
exceeding a height of twenty (20) feet shall be permitted within Area "C" and not
exceeding a height of twelve (12) feet shall be permitted within Area "B". Lighting
shall meet the architectural standards further described in Section 4.8B. of this
CPUD Document. Lighting shall be designed so that glare does not extend off-
site onto residential properties.
M. Architectural
The project shall comply with Section 5.05.08 Architectural Standards for
Commercial Buildings and Projects of the Land Development Code.
N. Outside Storaqe and Displav
There shall be no outside storage or display of merchandise.
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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 CPUD MASTER PLAN
A. Exhibit "A", CPUD 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 Section
10.02.13E. of the Collier County Land Development Code, 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.
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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 proposed to be completed in several
phases.
A. The landowners shall proceed and be governed according to the time
limits pursuant to Section 1 0.02.13D. of the Land Development Code.
B. Monitorinq Report: An annual monitoring report shall be submitted
pursuant to Section 10.02.13F. 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.
C. Prior to Final Site Development Plan approval, the developer shall provide
survey evidence of a positive connection to the 1-75 Canal, including
culvert locations, sizes, and slopes of swales.
D. The petitioner shall be responsible for identifying and confirming the
routing and capacity of storm water drainage outfall.
E. Maximum allowable stormwater discharge rates to be per Ordinance 90-
10, as amended.
4.6 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. 88-76, as amended, and other applicable County
rules and regulations.
B. All customers connecting to the water distribution and sewage collection
facilities to be constructed will be customers of the, County and will be
billed by the County in accordance with the County's established rates.
C. This project shall be serviced with a central sewer system.
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4.7 TRAFFIC
A. The internal roadway design shall prohibit traffic from the commercial
zone onto Livingston Wood Lane.
B. 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).
C. Arterial level street lighting shall be provided at all access pints. Access
lighting must be in place prior to the issuance of the first Certificate of
Occupancy (CO).
D. Access points, including both driveways and proposed streets, shown on
the CPUD Master Plan are considered to be conceptual. Nothing depicted
on any such Master Plan shall vest any right of access at any specific
point along any property frontage. All such access issues shall be
approved or denied during the review of required subsequent site plan or
final plat submissions. All such access shall be consistent with the Collier
County Access Management Policy (Res. 01-247), as it may be amended
from time to time, and with the Collier County Long-Range Transportation
Plan. The number of access points constructed may be less than the
number depicted on the Master Plan; however, no additional access
points shall be considered unless a CPUD Amendment is processed.
E. Site-related improvements (as opposed to system-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.
F. Road impact fees shall be paid in accordance with Collier County
Ordinance 01-13, as amended.
G. All work within Collier County rights-of-way or public easements shall
require a Right-of-Way Permit.
H. 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 right to modify or close any median opening existing at the
15
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.
I. 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, shall be the basis for any future cause of action for damages
against the County by the developer, its successor in title, or assignee.
K. 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.
L. If any required turn lane improvement requires the use of 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.
M. 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.
N. The County will require adjacent developments to provide shared access
or interconnections with this development. The developer, or 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. The
County will support the reduction of the FDOT limited access area in front
of the adjacent property to the west in order for this development to share
access onto Pine Ridge Road with said property. The width of the shared
access road shall be entirely on the adjacent property owner's property
and shall not exceed forty feet.
4.8 PLANNING
A. Pursuant to Section 2.03.07E. 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 $hall be immediately
stopped and the Collier County Code Enforcement Department contacted.
16
B. All buildings, lighting, signage, landscaping and visible architecture
infrastructure shall be architecturally and aesthetically unified, and shall
comply with Section 5.05.08 Architectural Standards for Commercial
Buildings and Projects of the Land Development Code. Said unified
architectural theme shall include: a similar architectural design and use of
similar materials and colors throughout all of the buildings, signs, and
walls to be erected on the site. Landscaping and streetscape materials
shall also be similar in design throughout the site. All buildings shall be
primarily finished in light colors except for decorative trim. All roofs must
be tile or metal and shall be peaked. Decorative parapet walls shall be
constructed above the roof lines on flat roofs, where tile or metal roofs are
not feasible. A conceptual design master plan shall be submitted
concurrent with the first application for Site Development Plan approval
demonstrating compliance with these standards.
4.9 ENVIRONMENTAL
A. An appropriate portion of native vegetation shall be retained on-site as
required in Section 3.05.07 of the Land Development Code.
B. An exotic vegetation, removal, monitoring, and maintenance (exotic free)
plan for the site shall be submitted to Environmental Review Staff for
review and approval prior to Final Site Development Plan/construction
plan approval.
17
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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 2005-48
Which was adopted by the Board of County Commissioners
on the 27th day of September 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of September, 2005.
..1·-,")_"
DWIGHT E. BROCK,";"'.:','," ;"~"
Clerk of Court~;a~d Clei~
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Ex-officio tø::-BQà-'rd'iof'..
~o nty C08i '.i"oB,ers .".;;
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By: Michelle Moraìës,
Deputy Clerk