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Ordinance 2005-61 ORDINANCE NO. 2005- 61 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, TIlE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM RURAL AGRICULTURE (A) TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) KNOWN AS SONOMA OAKS MPUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (CR 951), APPROXIMATELY \I.t MILE NORTH OF V ANDERBIL T BEACH ROAD (CR 862), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.5 ACRES; AND PROVIDE AN EFFECTIVE DATE. J - '·3 , '.) WHEREAS, Richard and Frances Craig, and CDN Properties, LLC, represented by Robert Mulhere, AICP, of R W A, Inc. and R. Bruce Anderson, of Roetzel and Andress, petitioned the Board of County Commissioners to change the zoning classification of the subject real property, pursuant to Petition PUDZ-2005-AR-7469. 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 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from Rural Agriculture (A) to Mixed Use Planned Unit Development (MPUD) 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 04-41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this \5fu day of NOVQ.-ffiDQS" ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '1u4 w ~ FRED W. COYLE, AIRMAN Patrick . WhIte Assistant County Attorney This ordinance filed with tht? ":l.~,saretary of State's Office¡Jfs= CIa _ day oi..JDV~t'V\~, OS- and ocknowledgeme!1}.-..2t.- that f~g ree ived this~' day o , By SONOMA OAKS MPUD A MIXED-USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE SONOMA OAKS MPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: CARL M. NAGEL, AGENT FOR CDN PROPERTIES, LLC 711 FIFTH AVENUE SOUTH, SUITE 209 NAPLES, FLORIDA 34102 and THOMAS R. CRAIG, AGENT FOR RICHARD & FRANCES CRAIG 2770 S. HORSESHOE DRIVE, SUITE 4 NAPLES, FLORIDA 34104 PREPARED BY: "RWTA'C CC)NSULTING ......... Y y...J.. ..JL 6610 WILLOW PARK DRIVE SUITE 200 NAPLES, FLORIDA 34109 and R. BRUCE ANDERSON, ESQUIRE ROETZEL & ANDRESS 850 PARK SHORE DRIVE TRIANON CENTRE-THIRD FLOOR NAPLES, FL 34103 DATE REVIEWED BY CCPC 08/18/05 DATE APPROVED BY BCC 11/15 1200S ORDINANCE NUMBER ?005-ñ 1 AMENDMENTS AND REPEAL EXHIBIT "A" -"~'~-"-'-"-< TABLE OF CONTENTS LIST OF EXHIBIT AND TABLES STATEMENT OF COMPLIANCE 11 SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS II-I SECTION III RESIDENTIAL DEVELOPMENT STANDARD III-I SECTION IV COMMERCIAL TRACT (C) IV-I SECTION V PRESERVE TRACT (P) V-I SECTION VI DEVELOPMENT COMMITMENTS VI-I LIST OF EXHIBITS. TABLES AND APPENDIX EXHIBIT "A" MPUD MASTER PLAN EXHIBIT "B" LEGAL DESCRIPTION TABLE I PROJECT LAND USE TRACTS TABLE II RESIDENTIAL DEVELOPMENT STANDARDS TABLE III COMMERCIAL DEVELOPMENT STANDARDS STATEMENT OF COMPLIANCE The development of 37.5± acres of property in Collier County, Florida, as a Mixed-Use Planned Unit Development (MPUD) to be known as Sonoma Oaks MPUD, complies with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan (GMP). The development of Sonoma Oaks MPUD will be consistent with and further the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). More specifically, the Sonoma Oaks MPUD will be consistent with the GMP goals, objectives and policies, and with the Collier County Land Development Code (LDC), and other applicable regulations for the following reasons: I. The subject property is designated Urban on the Future Land Use Map (FLUM) and lies within the Urban - Mixed Use District, Urban Residential Subdistrict. A 9.38± acre portion of the subject property qualifies for commercial zoning under the Office and In-fill Commercial Subdistrict provisions of the Urban - Mixed Use District in the Future Land Use Element (FLUE), as amended. The remaining 28.I2± acres qualify for residential development at up to 4.0 dwelling units per acre. The PUD provides for a maximum of 112 dwelling units and a maximum of 120,000 square feet of commercial office and retail use. 2. The purpose and intent of the Office and Infill Commercial Subdistrict provisions of the GMP reads as follows: The intent of this Subdistrict is to allow low intensity office commercial or in-jill commercial development on small parcels within the Urban-Jvfixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right-ol-way, except for an intervening local street; and "commercial" refers to C-l through C-5 zoning districts and commercial components of PUDs. A. The proposed MPUD is within the Urban - Mixed Use District. B. The proposed MPUD abuts Collier Boulevard (C.R. 951), which is classified as an Arterial on the Collier County Functional Classification Map. C. This MPUD designates 9.38 acres along Collier Boulevard for Commercial use as set forth under the Office and Infill Commercial Subdistrict. Although the commercial area has been reconfigured from an east-west orientation along Mission Hills Loop Road to a north-south orientation along Collier Boulevard, the commercial area is limited to 9.38± acres, and is consistent with all other criteria and provisions as set forth in the Office and Infill Commercial Subdistrict. Moreover, the proposed uses are generally lower intensity uses, and thus are compatible with adjacent and nearby residential and commercial development. 11 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's requested density and intensity as described in Objective 2 of the Future Land Use Element. 4. The development will be compatible and complimentary to existing and planned surrounding land uses as required by Policy 5.4 of the FLUE. 5. The development of the Sonoma Oaks MPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. 6. The native vegetation provisions of the Sonoma Oaks MPUD implements Policy 6.1.1 of the Conservation Coastal Management Element in that "native preserves" will be incorporated into the project design. 7. By virtue that the project must comply with the provisions of Chapter 6 of the LDC, it will implement, and further Objective 2 of the FLUE, Objective 8 of the Transportation Element, Objective 1.2 of the Sanity Sewer Sub-Element, and Objective 1.5 of the Recreation and Open Space Element. 8. The project provides a roadway connecting Wolfe Road and the Loop Road, allowing access for the public to the shopping center (immediately to the south) and to Wolfe Road (which is the site of a future traffic signal at Collier Boulevard), thereby reducing traffic volumes and improving at the intersection of Vanderbilt Beach Road and Collier Boulevard. In addition, the connection road provides an alternate route for emergency vehicles from the Golden Gate Fire Station 73, located immediately north of Sonoma Oaks PUD across Wolfe Road, which will allow them to avoid the intersection when traveling west. As a result, the Project furthers Goal I of the Transportation Element, and specifically the following Objectives: 2, 3,4,5, and 7. 9. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 10. All final local development orders for this project are subject to the County's Adequate Public Facilities, Section 6.02.00, as amended, of the Collier County Land Development Code. 11l 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 the Sonoma Oaks MPUD. 1.2 LEGAL DESCRIPTION THE SUBJECT PROPERTY BEING 37.5± ACRES, IS COMPRISED OF 3 ADJOINING P ARCELS THAT ARE LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND IS FULLY DESCRIBED AS: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT-OF-WAY (PARCEL 1). THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT-OF-WAY (PARCEL 2). THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO EXISTING RESTRICTIONS AND RESERVATIONS OF RECORD; AND EXCEPTING THE EAST 100 FEET THEREOF PREVIOUSLY CONVEYED FOR HIGHWAY RIGHT-OF - WAY (PARCEL 3). 1.3 PROPERTY OWNERSHIP The subject property is owned by: Parcels 1 and 2 are owned by: CDN Properties, LLC, 711 Fifth Avenue South, Suite 209, Naples, Florida 34103. Parcel 3 is owned by: Richard D. and Frances A. Craig, P.O. Box 899, Edwards, Colorado 81632. 1-1 1.4 DEVELOPER The Sonoma Oaks MPUD property is intended to be developed by the applicants. All reference to the "Developer" as may be contained in this MPUD Document shall mean the applicants, unless, and until the subject property described and depicted in this MPUD Document is conveyed, or assigned. It is the responsibility of the Developer to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this MPUD Document within six months £rom the actual conveyance, or assignment. 1.5 GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the west side of Collier Boulevard, approximately \I.t mile north of Vanderbilt Beach Road, Section 34, Township 48 south, Range 26 east (unincorporated) Collier County, Florida. The zoning classification of the subject property prior to the date of the approved PUD was "A," Rural Agricultural. The co-applicants have demonstrated unified control of the subject property with the submission of an affidavit of unified ownership. 1.6 PHYSICAL DESCRIPTION The Project site is primarily located within the Harvey Drainage Basin, according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the south through the Mission Hills PUD water management system. The discharge point from the Mission Hills PUD is the existing swale, located along the northern side of Vanderbilt Beach Road. Natural ground elevation typically varies from 12.9 to 13.5 NGVD; average site elevation is 13.2 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge into the Mission Hills PUD stormwater management system. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. 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 èlevations, water quality pre-treatment, and wetland hydrology maintenance. 1-2 , _____""n Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is #2 - Holopaw Fine Sand, Limestone Substratum. The subject property is mostly cleared. The remaining vegetation consists predominantly of pine flatwoods and woodlands with a mix of different vegetation types. 1.7 PROJECT DESCRIPTION The Sonoma Oaks MPUD shall be a mixed-use development. The eastern 9.38± acres of the property, shall allow for a variety of office and low intensity commercial uses. The remainder of the property shall be developed as a residential community. The developer will provide a public road that will interconnect Wolfe and Loop Roads and separate the Commercial and residential components of the MPUD. Access to the property will be provided via a right in along Collier Boulevard, and a full-access opening along Wolfe and two access points along Loop Road. The Commercial uses and signage will be designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and harmony will be achieved by using common architectural elements and common entryway signage and landscape design themes. The Sonoma Oaks MPUD will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.8 SHORT TITLE This Ordinance shall be known and cited as the "Sonoma Oaks Mixed-Use Planned Unit Development Ordinance". 1-3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this section is to generally describe the project plan of development, relationships to applicable County Ordinances, the respective land use tracts within the Sonoma Oaks MPUD, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Sonoma Oaks MPUD shall be in accordance with the contents of this document, the PUD-Planned Unit Development District and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these MPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Sonoma Oaks MPUD shall become part of the regulations that govern the manner in which the MPUD site may be developed. D. Unless modified, waived, or excepted through the approval of a deviation stated herein, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this MPUD. 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, at the earliest or next-to-occur of either Site Development Plan approval, Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is graphically illustrated by Exhibit "A," MPUD Master Plan. There shall be three land tracts, portions of which may include water management lakes or facilities, and private rights-of-way. A breakdown of the Sonoma Oaks MPUD land use tracts and their respective acreages is presented in Table 1. . II-I TABLE I PROJECT LAND USE TRACTS TRACT "R" TRACT "P" RESIDENTIAL PRESERVE ·AG 9.38± (excluding ac. for ROW reservation) I2.4I± (excluding ac. for ROW reservation and lake) 5.32±* TRACT "c" COMMERCIAL *Remaining 0.39 acres of required preserve will be provided at first ofSDP or Plat approval. B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Plat or Site Development Plan approval, subject to the provisions of Sub-Section 10.02.05 C. and Section 10.02.12, respectively, of the LDC, or as otherwise permitted by this MPUD document. C. In addition to the various areas and specific items shown on Exhibit "A," such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY & INTENSITY A maximum of 112 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial/office development is approximately 28.13 acres. The gross project density, therefore, will be a maximum of 4 dwelling units per acre. The Commercial Tract will be limited to 9.38± acres, and the maximum development intensity shall be limited to a maximum of 120,000 square feet of commercial uses as set forth in Section 4.2 of this MPUD. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to Final Local Development Order issuance for all or part of the MPUD, final plans of all required improvements shall receive approval from the appropriate Collier County governmental agency to insure compliance with the MPUD Master Plan and the LDC. B. Exhibit "A," MPUD Master Plan, constitutes the required MPUD Development Plan. Any division of property and development of the land shall be in compliance with Sections 10.02.03 & 10.02.05 of the Collier County LDC, and the platting laws of the State of Florida. II-2 C. The provisions of Section 10.02.03 of the LDC, when applicable, 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. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. E. In the case of zero lot line units and development tracts using the 4 and 8-foot setback option, at the time of subdivision plat for each tract, a lot layout depicting minimum yard setbacks and building footprint shall be submitted. 2.6 AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN Changes and amendments may be made to this MPUD Ordinance or MPUD Master Plan, Exhibit "A," as provided for in Section 10.02.13. of the LDC. Minor changes and refinements, as described in Section 6.3.C. of this MPUD document, may be made in connection with any type of development or permit application required by the LDC. 2.7 COMMON AREA MAINTENANCE Should tracts or parcels be created with ownership and maintenance responsibility common to all owners of property within this MPUD, appropriate legal instruments shall be provided for the establishment of a Property Owners Association. The functions of the Property Owners Association shall include provisions for the perpetual care and maintenance of all common areas and facilities, including open space and native preservation areas, subject to the provisions of LDC Section 2.2.20.3.8. set forth as follows: "Common open space or common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subject to the following: 1. The PUD shall provide for and establish an organization for the ownership and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. However, the conditions of transfer shall conform to the adopted PUD master plan. 2. In the event that the organization established to own and maintain common open space or common facilities, or any successor ~rganization, shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan or development, the development services director may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing. If II-3 deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the development services director shall call upon any public or private agency to maintain the common open space for a period of one year. When the development services director determines that the subject organization is not prepared or able to maintain the common open space or common facilities, such public or private agency shall continue maintenance for yearly periods. 3. The cost of such maintenance by such agency shall be assessed proportionally against the properties within the PUD that have a right of enjoyment of the common open space or common facilities and shall become a lien on said properties." This Section of the original codification of the LDC was unintentionally omitted from the re- codified LDC, and is intended to be added, but is nonetheless still presently effective. 2.8 MODEL, SALES/RENTAL AND CONSTRUCTION OPERATION FACILITIES A. Models, sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Sonoma Oaks MPUD subject to the requirements of Chapter 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the Collier County Land Development Code. Temporary Use Permits for sales centers and model homes may be approved subsequent to zoning approval. Temporary Use Permit applications, and associated Site Development Plan (SDP) application(s) for residential models, may be submitted, and approved pursuant to Chapter 4.05.00, 4.06.00, 5.06.00 and 5.04.04. of the LDC, with applications for improvement plans and final subdivision plat, to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. B. Temporary uses for sales centers may be serviced by temporary well and septic systems. 2.9 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. Site Development Plan (SDP) application(s) for the clubhouse and related facilities may be submitted concurrently with applications for improvement plans and final subdivision plat to depict the location of the clubhouse and related facilities within a future platted tract. The approval of th~ clubhouse SDP is not dependant on final plat approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. II-4 2.10 EXISTING STRUCTURES The existing principal structures within the MPUD boundaries may be retained, and utilized for temporary uses as set forth in Section 2.8 of this MPUD Document. Those existing structures may be retained through the construction and platting phases of the development, but shall not be expanded in size. 2.11 OPEN SPACE REQUIREMENTS The Collier County LDC requires that mixed-use residential projects maintain open space at a minimum of30% of the entire MPUD (excluding R.O.W reserved for Wolfe Road and Collier Boulevard). The MPUD Master Plan identifies preserves, lakes, and buffers as open spaces. These areas, in conjunction with open space areas included within the residential areas, will satisfy the 30% open space requirements of Chapter 4.02.01 (B) of the LDC for mixed-use developments. 2.12 RIGHTS-OF-WAY At the discretion of the developer, the minimum right-of-way width to be utilized for all project streets may be fifty feet (50'). Deviation 1 from LDC Section 6.06.01(0) (Section III of the proposed Construction Standards Manual intended to be adopted as part of the County's Administrative Code) that requires right of way for local roads to be a least sixty feet (60'). Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.13 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Sonoma Oaks MPUD except in the Preserve Area. General permitted uses are those uses that generally serve the Developer, owners, and tenants of the Sonoma Oaks MPUD and are typically part of the common infrastructure. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.01.03. 2. Water management facilities and related structures. 3. Irrigation treatment and distribution facilities. 4. Temporary sewage treatment facilities. 5. Lakes including lakes with bulkheads or other architectural or structural bank treatments. II-5 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses. 7. Landscape features including, but not limited to, landscape buffers, benns, fences, and walls subject to the standards set forth in Section 2.19 of this MPUD. 2.14 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or B. Redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.03.06. C. The Sonoma Oaks MPUD is a planned mixed-use development and will be developed under unified control. The Developer will establish design guidelines and standards to ensure a high and consistent level of quality for the commercial uses and facilities such as landscapes, hardscapes, waterscapes, signage, lighting, pedestrian systems, pavement treatments, roadway medians, fences, walls, buffers, benns, and other similar facilities. The MPUD will comply with all applicable provisions of LDC Chapter 5, unless a deviation from these standards is authorized as a condition of a subsequent development order. II-6 SECTION In RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the MPUD Master Plan, Exhibit "A". Infrastructure, perimeter land use buffers, signage, as well as project recreational/social facilities will occur within this Tract "R". The residential portion of this PUD will not be developed or operated as a rental community. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the MPUD shall be established at the time of development plan review, but shall not exceed 112 dwelling units. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single-family attached dwellings (including townhouses intended for fee simple conveyance) 2. Zero lot line dwellings 3. Single-family detached dwellings 4. Two-family dwellings 5. Multiple-family dwelling 6. Patio homes (as defined in footnote 1, Table II of this section) B. Accessory Uses: Customary accessory uses and structures including, but not limited to clubhouses, private garages, swimming pools with, or without screened enclosures, tennis courts, tot lots, playgrounds and other outdoor recreation faci~ities, along with the following: Model Homes (See Section 2.8 of this MPUD Document). III-l 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Section 4.03.01 of the Collier County Land Development Code in effect at the time of building permit application. TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- TWO-FAMILY, SINGLE- F AMIL Y PATI01.2 & CLUBHOUSEI F AMIL Y A IT ACHED & ZERO LOT MULTI RECREATION DETACHED TOWNHOUSE LINE F AMIL Y BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 2,250 S.F. 10,000 S.F. 10,000 S.F. PER UNIT PER UNIT PER UNIT MINIMUM LOT WIDTH 35 FEET 20 FEET 35 FEET 100 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F/D.U. N/A MIN FRONT Y ARD5 15 FEET 15 FEET 15 FEET 15 FEET N/A MIN SIDE YARD 6 FEET o FEET or o FEET or 15 FEET N/A 6 FEET 6 FEET MIN REAR YARD 15 FEET 15 FEET 15 FEET 20 FEET N/A MIN PRESERVE SETBACK3 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DIST. BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET 15 FEET or N/A 1/2 BH, WHICIHEVER IS GREATER MAX. BLDG. HT. 4 2 STORIES 2 STORIES 2 STORIES 3 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET 45 FEET 45 FEET ACCESSORY STRUCTURES FRONT 5 10 FEET 10 FEET 10 FEET 10 FEET 20 FEET SIDE 5 FEET 5 FEET 5 FEET 5 FEET 'hBH REAR 5 FEEr 5 FEET6 5 FEEr 5 FEEr 10 FEEr PRESERVE SETBACK3 10 FEET ] 0 FEET 10 FEET 10 FEET 10 FEET MAX. BLDG. HT. 4 2 STORIES 2 STORIES 2 STORIES 3 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET 45 FEET 45 FEET III-2 BH: BuiJding Height Notes: Front yards shall be measured as follows: If the parcel is served by a public or private right-ofway, setback is measured from the adjacent right-of way line. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). 1) A Patio Home is a detached or semi-detached single-family unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall. 2) Setback may be either zero feet (0') on one side and six feet (6') on the other side in order to provide a minimum separation between principal structures of twelve feet (12 '). Alternatively, if the zero foot (0') setback option is not utilized, then the minimum setback shall not be less than four feet (4') and the combined setback between principal structures shall be at least twelve feet (12 '). At the time of subdivision plat for each tract, a lot layout depicting minimum yard setbacks and building footprint shall be submitted 3) Setback from preserve areas shall be twenty-five feet (25 ') for principal structures and ten feet (10') for accessory structures, or as may otherwise be permitted in accordance with the applicable provisions set forth in LDC Section 3.05.07. 4) Building height is measured as set forth in LDC Section 1.08.02 Definitions "zoned height of building. .. 5) Front loading garages shall have a minimum front yard setback twenty-three feet (23 '), as measured from the back of sidewalk. Side loaded garages may be located less than twenty-five feet (23') feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. These provisions apply to a garage whether attached or detached to the principal structure. 6) Setback from lake easement.ç for all accessory uses and structures may be zero feet (0 '). 7) No structure, other than those permitted within the LDC to be located within a required landscape buffer tract or easement, shall encroach into a required landçcape buffer tract or easement. 8) Actual Height, as defined in the LDC, shall not exceed 40 feet for single-family attached, single-family detached, two family attached and zero lot line development, or 45 feet for multi-family and clubhouseSdevelopment. III-3 SECTION IV COMMERCIAL TRACT (C) 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "C," Commercial on Exhibit "A," MPUD Master Plan. The general function and purpose of this tract is to provide the opportunity for diverse types of commercial activities that deliver goods and services, including entertainment and recreational attractions, to many segments of the population. 4.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET The 9.38± acre Commercial (Tract "C"), shall not be developed with more than 120,000 square feet of commercial/office uses, and in no case shall a retail use or uses, or an office use be permitted if the trip generation rate for said use or uses exceeds the trip generation rate for Land Use Code (LUC) 820 Shopping Center or LUC 710 General Office, respectively, as set forth in the Institute of Transportation Engineers (ITE) Report in effect at time of SDP review. 4.3 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses I : 1. 5231 - Paint Glass, and Wallpaper Stores; 2. 5331 - Variety Stores 3. 5399 - Miscellaneous General Merchandise Store 4. 5441 - Candy, Nut and Confectionary Stores 5. 5451 - Dairy Product Stores 6. 5499 - Miscellaneous Food Stores 7. Any retail business engaged in selling apparel and accessories as defined under the Major Group 56 in the Standard Industrial Classification Manual. IV-I 1 Reference Executive Office of the President. Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. 8. Any retail business engaged in selling home furniture, furnishings, and equipment stores as defined under Industry Group 571, 572 and 573 in the Standard Industrial Classification Manual. 9. 5812 - Eating Places, except that a maximum of one tree standing fast food restaurant, as defined in the LDC, shall be permitted, not to exceed 5,000 square feet of gross leasable floor area. 10. 5912 - Drug Stores and Proprietary Stores 11. 5941 - Sporting Goods and Bicycle Shops 12. 5942 - Book Stores 13. 5943 - Stationary Stores 14. 5944 - Jewelry Stores 15. 5945 - Camera and Photographic Supply Store 16. 5947 - Gift, Novelty and Souvenir Shops 17. 5943 - Luggage and Leatherworks Store 18. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 19. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 722 - Photographic Portrait studios b. 723 - Beauty Shops c. 724 - Barber Shops d. 725 - Shoe Repair Shops and Shoeshine Parlors e. 729 - Miscellaneous Personal Services, only including 7291 Tax Return Preparation Services, and 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 20. Establishments primarily engaged in developing' film and in making photographic prints and enlargements for the trade or for the general public, only including Industry Number 7384, Photofinishing Laboratories. IV-2 -'.-.-----.- 21. Establishments engaged in miscellaneous repair services, only including Industry Numbers 7631 - Watch, Clock, and Jewelry Repair and 7699 - Repair Shops and Related Services, Not Elsewhere Classified. 22. 7841 - Video Tape Rental. 23. 7991 - Physical Fitness Facilities 24. Establishments operating primarily to provide medical and health services as defined under Major Group 80 in the Standard Industrial Classification Manual, for the following Industry Groups: a. 801 - Offices and Clinics of Doctors of Medicine; b. 802 - Offices and Clinics of Dentists; c. 803 - Offices and Clinics of Doctors of Osteopathy; d. 804 - Offices and Clinics of Other Health Practitioners. 25. Establishment operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 26. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86 in the Standard Industrial Classification Manual. 27. Establishment operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. 8711 - Engineering Services b. 8712 - Architectural Services c. 8713 - Surveying Services d. 8721 - Accounting, Auditing and Bookkeeping Services e. 8741 - Management Services f. 8742 - Management Consulting Services g. 8743 - Public Relations Services h. 8748 - Business Consulting Services. 28. Any other Permitted use set forth in the LDC in the C-3 district, except 5411 free standing Grocery Stores only, and 5813 Drinking Places. B. Conditional Use 1. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). IV-3 C. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this MPUD Document. 2. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use and subj ect to retail standards for landscaping, parking and open space. 3. One caretaker's residence. 4.4 DEVELOPMENT STANDARDS A. Table III below sets forth the development standards for land uses within the Sonoma Oaks MPUD Commercial Tract. Standards not specified herein shall be those specified in applicable sections of the LDC in effect in effect at the time of site development plan or subdivision plat review and approval. B. Architectural Uniformity: Development within the Commercial Tract of this MPUD shall have a common architectural theme for all structures. Guidance for the commonality of architecture may be derived from Section 5.05.08 of the LDC, or may be unique to the MPUD, in conformance with the applicable guidelines and standards of Section 5.05.08 of the LDC, unless an exception, waiver, or variance from those guidelines or standards is granted. IV-4 ~..~..._..._..... TABLE III COMMERCIAL DEVELOPMENT STANDARDS Uu \.'/.'{ · .·,··U· .h,','!i·;;. .........,..>.. )u I):F .. - .¡¡'iiAêŒlSøRY'ùSES ·'C')?··)u.·...."'·.·.,.h: .... ··u MINIMUM LOT AREA 10,000 sq. ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) From Wolfe Road 25 ft. SPS From Future CoIlier Blvd. 25 ft. SPS From Loop Road 25 ft. SPS MINIMUM YARDS (Internal) Internal Drives/ROW 15 ft. 10 ft. Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes 25 ft. 10 ft. Preserves 25 ft. 10ft. lOft. or 1/2 the sum of 10 ft. MIN. DISTANCE BETWEEN STRUCTURES building heights* MAXIMLM HEIGHT*** Retail Buildings 1 story and 42 ft. 42 ft. Office Buildings 3 stories and 42 ft. 42 ft. MINIMUM FLOOR AREA 1,000 sq. ft.** N/A MAXIMUM GROSS LEASABLE AREA 120,000 sq. ft. N/A * whichever is greater ** per principal structure, on the finished first floor. Kiosk vendor, concessions, and temporary or mobile sales structures are permitted to have a minimum floor area of twenty-five (25) square feet and are not subject to setback requirements set forth above. *** Actual Height as Defined in the LDC shall not Exceed 50 feet. C. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential, where such lighting is located within two hundred (200) feet of any residential property. Said lighting shall be shielded where necessary to prevent glare onto adjacent residential property. IV-5 SECTION V ·PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P," Preserve Area on Exhibit "A," MPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, State and Federal permits, when required: A. Principal Uses: 1. Open spaces/Nature preserves. B. Accessory Uses: 1. Water management structures. 2. Mitigation areas. 3. Footpaths and boardwalks, provided any clearing required to facilitate these uses does not impact the minimum required vegetation. V-I SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section IS to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with Site Development Plans, Subdivision Plans (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section 4.02.00 of the LDC shall apply to this project, even if the land within the MPUD is not to be platted. The Developer, its successors and assigns, shall be responsible for the commitments outlined in this document. These commitments will be enforced through provisions agreed to be 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, prior to the development's last subdivision acceptance. The Developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the Developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a condominium! homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released ITom responsibility for the commitments. 6.3 MPUD MASTER DEVELOPMENT PLAN A. Exhibit "A," MPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 10.02.13 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 services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes' and refinements to the Sonoma Oaks MPUD Master Plan upon written request of the Developer. VI-l 1. The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the GMP, and the Sonoma Oaks MPUD document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 10.02.13 of the LDC. c. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the MPUD boundaries. 2. The following shall be considered minor changes or refinements, subject to the limitations of Subsection 6.3.C.I of this document: a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area below the amount required in this MPUD document. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the SFWMD and Collier County. c. Internal realignment of roadways and interconnection to off-site lands, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the MPUD itself, where no water conservation/preservation areas are affected, or otherwise provided for. d. Reconfiguration of MPUD tract boundaries when there is no proposed encroachment into Preserve Area, except as provided for in "a." above. 3. Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4. Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for Subdivision (if required), or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. VI-2 6.4 SCHEDULE OF DEVELOPMENTIMONITORlNG REPORT AND SUNSET PROVISION A. This MPUD is subject to the Sunset Provisions of Section 10.02.13 of the LDC. B. An annual MPUD monitoring report shall be submitted pursuant to Section 10.02.13 of the LDC and be in the form of an affidavit by the property owner or designated agent. 6.5 TRANSPORT A TION The development of this MPUD Master Development Plan 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 the 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) for the units/square footage that will directly utilize the access. C. Access points, including both driveways and proposed streets, shown on the MPUD 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, at the discretion of the developer; however, no additional access points shall be considered unless a PUD Amendment is to be processed. D. Site-related improvements (as apposed 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. Site related improvements shall be in place by phase, and available for access, prior to the issuance of the first CO of that phase. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Section 6.02.01 of the LDC, as it may be amended. F. All work within Collier County rights-of-way or public eàsements shall require a Right-of-way Permit. VI-3 G. 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 time of approval of this PUD 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. H. 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. 1. 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 Country shall have no responsibility for maintenance of any such facilities, except for the reverse connector road between Wolfe and Loop Roads that may be dedicated to the County. J. 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. K. 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 fair share cost of such improvement shall be borne by the developer. L. The applicant has agreed to convey right-of-way for Collier Boulevard and Wolfe Road: (1) Collier Boulevard - a strip of land 65 feet in width and running the entire length of the property's frontage on Collier Boulevard; and (2) Wolfe Road - a strip of land 80 feet in width and 540 feet in length along the projects Wolfe Road Frontage. M. No Certificates of Occupancy shall be granted for improvements within this PUD prior to October I, 2007, with the exception of certificates of occupancy for construction trailers and a sales facility. 6.6 WATER MANAGEMENT The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: VI-4 A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit will be required for the proposed lakes in accordance with the LDC and SFWMD Rules. C. The project developer must obtain an ERP or Early Work Permit :&om the SFWMD prior to Site Development Plan approval. 6.7 UTILITIES The development of this MPUD Master Development Plan 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 No. 01-057, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. C. The development will be subject to application for and conditions associated with a water and sewer availability letter :&om Collier County Utilities Division. D. The Developer will provide Collier County with an easement or fee simple title for a parcel of land generally located in the southeast quadrant of the site for a well and pump-house. The size of the well and pump-house parcel shall be the minimum necessary to accommodate these improvements and shall not exceed 10,000 square feet. The precise location shall be determined at the time of first site development plan or subdivision plat approval. It shall be the responsibility of Collier County to design and construct the pump-house, fencing, signage, and lighting, and any other site improvements so as to conform to, and be harmonious with, the architecture of the commercial or residential site location, depending upon the final site location. 6.8 ENVIRONMENTAL The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida ERP Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. VI-5 B. 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, those found in Section 704.06, of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowner's association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Development must comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more frequently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. D. The MPUD shall be consistent with the environmental sections of the GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. E. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to Plat/Construction Plan approval. 6.9 ADDITIONAL DEVELOPMENT COMMITMENTS A. Developer shall make a payment of one thousand dollars ($1000), at the time of the first and each subsequent closing on the sale of each dwelling unit constructed on the PUD property, to the Empowerment Alliance of Southwest Florida Community Development Corporation. This commitment and the subsequent payments may be credited against any subsequently adopted affordable, work force, and/or other gap housing or housing needs impact fee, mitigation, exaction, fee, contribution, linkage fees and/or other similar tax or charge which would othel"\Yise be applicable to the PUD property, as may be so contemplated and provided for by such subsequently adopted provisions. VI-6 r¡ ! 'I:: I ,- I I~ 'X ,- ~ ,~ c: '~ ~ ~ !~ ~ I....... ª~~ I~ ~ ;¡; ,~ ~ ~ I~ i; ¡ , I~ I ~ I " Ii <i I " if ~ I ! ~~ ~ I --------=-=- ~~~~~~l - r----- ~. R I". e~ -j I · : ~ ; i: I" '! Ii II ! I ~ I ~ ; II I ~oc: Ii! ~ ! ! I'~ I~ ¡J I 51 ~ ~ I ~ r I ¡ ~ ~\2~f)~l EXHIBIT ---- ~j 1;..·(,,11..... ¿¡~I':; q 4';< _".Jr. ~~ III~ d ci - . I ~ f~ CDN PROPERTIES RICHARD A/\'D FRANCIS CRAIG ,\IPL'D .\1ASTER PLAN COXCEPT A c: ~ I~~ II 'I II II-~ II II I' r I ~ ~ I~i r::.n o z o ~~ ~> ~O ~> ~~ ~r::.n ~ ~ ~ tj åaj~~ laj~~ ~~~;~~ >~ ~~~~,. ~~;o~" ël ~~ 1 1 ~~J~~ ~IJ~~ i ~j¡~ :~ ~II~~ ~II~~ il~~;~ ~¡ lià~! lià~! !;I~~! ~: i~I~; i~I~; ~iil~; ~a ¡ill! ¡ill! i!II!!~ .§ ~~ <§ ~~ gl ~~ =~ I~ ~i I~ ~~ .4 ~~ §~ ~~Ij! ~~ljS ;'Ij~ ~i !~;i; !~;I; ~=I; ä> . il=~ . ~I=~ !~I=~ ..~ g~~~ ~~~~ ~I~~~ ~ §i~: §i~: ~ii~: ! ----, I ~ ! rr H ~~~i :~i §~ Iii ~i~ in: ~¡U~ !~¡ ~if I~§ ~I a~ l~~ fì~ ~~I ~ i '1~ ~. ¡¡~ ¡§~ i ~ ~d l;i I~!I ~i ~ ~. ; fR ~~ ii ! g~ If iJI¡! ~ ~ > !~ ! ,~ ~J h ·t b ,.. - e~\ I\'f~ ~; ~~ ~III i~ R~ g õ~ ~8 ~I ~ i :!] r;; Ei~~~ L ~~~n ~~~~.. =~..;.,¡ "" ~ ._~~ H !~~~ n!~n ~ §I!~ ~~ ~u ~ li~~ u ;!~I ~".'"_~. i~~~ ¡¡ II~~~~ÌI ~:~i ~ ~~~H~ i ~i ~ UH~~~ "ø I _ _ i . ~ uU~~I~ ~ I ! ~ ~ ~~I~ ~~i~ ~~~§~ - %~ ~~ ~~~ " A" il .. .. . m~ I ~ ~ !i~n;~! ~~n:ii~ ~ ~ ~ e . ~ SONOMA OAKS MPUD R1Jlð" Engínecrs,Surmurs&Mappcrs ..a.. '" .....L .... PI,nners, Project ~Iana¡:crs :xx.o-'~o..... s....21Q "'-,f'_34'~ ¡23I!14I.I ¡01 FoU: 'm'....ro5oi '~Ca"""S~_ ~OI'T~ 1'Iot<:I1.!J<¡(I! '''39,2·8,~n. F.u 'n912"-~'9 EXHIBIT B LEGAL DESCRIPTION THE SUBJECT PROPERTY BEING 37.5± ACRES, IS COMPRISED OF 3 ADJOINING PARCELS THAT ARE LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND IS FULLY DESCRIBED AS: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT-OF-WAY (PARCEL 1). THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT- OF-WAY (PARCEL 2). THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO EXISTING RESTRICTIONS AND RESERVATIONS OF RECORD; AND EXCEPTING THE EAST 100 FEET THEREOF PREVIOUSLY CONVEYED FOR HIGHWAY RIGHT-OF-WAY (PARCEL 3). 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 2005-61 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of November, 2005. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Boqr~~;bf;." t ~- ì .' ; ...... County Commiss~¢hers ~<'~. . "'" ,. . '" ~·T;· .;<-,.,} l1u4 A:': :~.~'~. o'~f· -O~ ,("'J': ,.; . ....,"" . .,,,, þ,' (.:;,..- By: Ann Jenne:f'ohrl", '._,:..: '. <:. Deputy Cle~·,',:·,....<~~)~'· , Iý~'ca. l...'j- "