Ordinance 2005-62
ORDINANCE NO. 05- 62
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS AMENDING ORDINANCE
NUMBER 2004-41, AS AMENDED, THE 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
BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
PLANNED UNIT DEVELOPMENT (PUD) TO A MIXED
USE PLANNED UNIT DEVELOPMENT (MUPUD)
KNOWN AS WESTPORT COMMERCE CENTER
MUPUD, TO REVISE THE PUD DOCUMENT AND
MASTER PLAN TO SHOW A REDUCTION IN THE
INTENSITY OF TH~ COMMERCIAL/RET AIL AND
INDUSTRIAL SQUARE FOOTAGE, DELETE THE
"ACCOMMODA TIONS" LAND USE SUBDISTRICT
AND INCREASE THE AMOUNT OF PRESERVE
AREA, FOR PROPERTY LOCATED ON COLLIER
BOULEVARD (C.R. 951) AND DAVIS BOULEVARD
(S.R. 84), IN SECTION 3, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 97± ACRES; PROVIDING FOR THE
PARTIAL REPEAL OF ORDINANCE NUMBER 94-56,
THE EXISTING WESTPORT COMMERCE CENTER
PUD; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Agnoli, Barber & Brundage, Inc., and R. Bruce Anderson, Esquire, of
Roetzel & Andress, representing Benderson Development Company, petitioned the Board of
County Commissioners to change the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 3,
Township 50 South, Range 26 East, Collier County, Florida, is changed ITom Planned Unit
Development (PUD) to Mixed Use Planned Unit Development (MUPUD) in accordance with the
POO 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 2004-41, the
Collier County Land Development Code, islare hereby amended accordingly.
Words stmel( thro\:lgh are deleted; words underlined are added.
Page 1 of 2
SECTION TWO:
Ordinance Number 94-56, known as the Westport Commerce Center PUD, adopted on
October 18, 1994, by the BOdrd of County Commissioners of Collier County is hereby repealed
only to the extent that the Ordinance is inconsistent with the additions and deletions set forth in
the Westport Commerce Center MUPUD Document attached hereto as Exhibit "A". All other
provisions of Ordinance Number 94-56 shall remain in full force and effect.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this /51iy of J\~t/r/Y7l/k<2005.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Legal Sufficiency
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BY: ' '-~
FRED W. COYLE, CHAIR N
~1b. fJt-ltÁL4.-~
Marj ie M. Student-StIrlIng
Assistant County Attorney
PUDZ- A -2004-AR -6092/CV /sp
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Words stmel( thro\:lgh are deleted; words underlined are added.
Page 2 of 2
WESTPORT COMMERCE CENTER
A PLANNED UNIT DEVELOPMENT
97.0± Acres Located in Section 3,
Township 50 South, Range 26 East
Collier County, Florida
PREP ARED FOR:
ANDREW 1. SALUAN, TRUSTEE
AJS Realty Group, Inc.
3800 Airport Road North
Naples, Florida 33942
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
Wilson Professional Center
3200 Bailey Lane
Suite 200
Naples, FL 33942
AMENDED FOR:
RONALD BENDERS ON 1995 TRUST
and
WR-I ASSOCIATES
570 Delaware Avenue
ButIalo. NY 14202
AMENDED BY:
AGNOLI. BARBER & BRUNDAGE. INC.
7400 Tamiami Trail North. Suite 200
Naples, FL 34108
ROETZEL & ANDRESS. LP A
850 Park Shore Dr.
Trianon Centre. 3rd Floor
Naples, FL 34103
DA TE FILED January 5. 1994
DATE REVIEWED BY CCPC 10-6-94
DATE APPROVED BY BCC 10-18-94
ORDIANCE NUMBER 94-56
AMENDED 2005 -62
EXHIBIT "A"
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS
11
STATEMENT OF COMPLIANCE AND SHORT TITLE
11l
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP &
GENERAL DESCRIPTION
1-1
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III ZONE A - COMMERCIAL RETAIL 3-1
SECTION IV ZO~ΠB ACCOMMOD"\ TIUNS RESERVED 4-1
SECTION V ZONE C - INDUSTRIAL 5-1
SECTION VI RESERVE 6-1
SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7-1
LIST OF EXHIBITS
EXHIBIT A
PUD MASTER PLAN (\VMB&P, Inc. No. RZ 2l6.^~)
EXHIBIT B
AERL\L PHOTOGR/~PHS, LOCATION MAP ('.vMB&P, lac. File No.
RZ 2l6B)
EXHIBIT C
FLUCCS AND SOILS MAP (VlMB&P, Inc. File No. ENV 124)
EXHIBIT D
CONCEPTU"^~L \V.\ TER M.^~N.^~GEMENT PLAN (\VMB&p, Iae. File
No. RZ 216D)
EXHIBIT E
COMMUNITY SERVICES M.^~P
EXHIB IT F
TOPOGR,^~PHIC SURVEY ('HMB&P,Iac. File No. 5C 188)
EXHIBIT 0
WELL EASEMENT LOCATION MAP
11
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of .^..ndrevl J. 8aluan, Trustee Ronald
Benderson 1995 Trust and WR-I Associates, hereinafter referred to as the Developer, to create a
Planned Unit Development (PUD) on 97.0 ± acres of land located in Section 3, Township 50
South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development
shall be WESTPORT COMMERCE CENTER (WESTPORT). The development of
WESTPOR l' will be in compliance with the planning goals and objectives of Collier County as
set forth in the Growth Management Plan. The development will be consistent with the growth
policies and land development regulations adopted of the Growth Management Plan FLUE and
other applicable regulation for the following reasons:
1. The subject property is within the Urban-Commercial District/Activity Center Sub
district and the Urban-Industrial District as identified on the Future Land Use Map as
required in October 1, of the Future Land Use Element (FLUE) of the Collier County
Growth Management Plan.
2. The subject property includes an Interchange Activity Center in which the land is zoned
and designated Industrial. This site is a preferred location for the concentration of
commercial and industrial land uses in a mixed-use development pursuant to the FLUE.
3, The FLUE allows for expansion of industrial uses adjacent to areas currently designated
industrial, provided cèrtain conditions are met regarding access, traffic circulation, and
infrastructure provisions, which this project meets or exceeds.
4. WESTPORT is compatible with and complimentary to existing and future surrounding
land uses as required in Policy 5.4 and under the Urban Industrial District of the FLUE.
5. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE, except as specifically set forth herein.
6. The development of WESTPORT will result in an efficient and economical extension of
community facilities and services as required in Policies 3.l.h. and 1. of the FLUE.
7. WESTPORT is planned to incorporate natural systems for water management in
accordance with their natural functions and capabilities as may be required by Objective
1.5 of the Drainage Sub-Element of the Public Facilities Element.
8. The project will be served by a complete range of services and utilities as approved by
the County,
SHORT TITLE
This ordinance shall be known and cited as the "WESTPORT COMMERCE CENTER PUD
DEVELOPMENT ORDINANCE"
III
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this section is to set forth the legal description and ownership of
WESTPORT, and to describe the existing condition of the property proposed to be
developed.
1.2 LEGAL DESCRIPTION
Westport, being approximately 97.0 acres, is legally described as follows:
PARCEL A
A portion of Tract 1, Gator Gate, as recorded in Plat Book 7, page 2 of the Public
Records of Collier County, Florida; and a portion of Tract 2, Gator Gate Unit 2, as recorded in
Plat Book 7, page 54 of the Public Records of said County; and a portion of the Northeast
Quarter of Section 3, Township 50 South, Range 26 East, Collier County Florida, all being more
particularly described as follows:
Commence at the East Quarter corner of said Section 3; thence S. 89°20'05"W., 100.04
feet along the South boundary of said Northeast Quarter to the West right-of-way line of County
Road No. C-951, according to State Road Department Right-of-Way Map Section 03510-2602,
and the POINT OF BEGINNING; thence continue S. 89°20'05"W., 1201.06 feet to the
Southwest corner of the East Half of the Northeast Quarter of said Section 3; thence N.00029'2l"
E., 2456.56 feet along the West boundary of said East Half of the Northeast Quarter; thence N.
89°42'03" W., 400.00 feet, parallel with the North boundary of the Northeast Quarter of said
Section 3; thence N.00029'2l" E., 300.00 feet to the South right-of-way line of State Road No.
84 (Davis Boulevard) per State Road Department Right-of-Way Map Section 03506-2601;
thence S.89°42'03" E., 600.00 feet along said right-of-way line; thence S. 00°29'21" W., 900.00
feet, parallel with the West boundary of the East Half of the Northeast Quarter of said Section 3;
thence S. 89°42'03" E., 1012.86 feet, parallel with the North boundary of the Northeast Quarter
of said Section 3, to the West right-of-way line of said County Road No. C-95l; thence S.
00°51 '53" W., 1836.42 feet along said right-of-way line to the POINT OF BEGINNING.
Containing 58.04 acres, more or less.
PARCEL B
A portion of Tract I. Gator Gate, as recorded in Plat Book 7, page 2 of the Public Records of
Collier County, Florida; and a portion of the East half of the West Half of the Northeast Quarter of
Section 3, Township 50 South. Range 26 East, Collier County, Florida, all being more particularly
described as follows:
1-1
Commence at the East Quarter corner of said Section 3; thence S.89°20'05" W., 1301.10
feet along the South boundary of said Northeast Quarter to the Southeast comer of the West Half
of the Northeast Quarter of said Section 3 and the POINT OF BEGINNING; thence N.
00°29'21" E., 2456.56 feet along the East boundary of said West Half of the Northeast Quarter;
thence N. 89°42'03" W., 400.00 feet, parallel with the North boundary of the Northeast Quarter
of said Section 3; thence N. 00°29'21" E., 300.00 feet to the South right-of-way line of State
Road No. 84 (David Boulevard) per State Road Department Right-of-Way Map Section 03506-
2601; thence N. 89°42'03" W.,136.44 feet along said right-of-way line to the beginning of a
curve concave to the South having a radius of 3224.04 feet; thence WESTERLY, 122.97 feet
along said right-of-way line and curve through a central angle of 2°11 '07" (chord bears S.
89°12'24" W., 122.96 feet) to the West boundary of the East Half of the West Half of the
Northeast Quarter of said Section 3; thence S. 00°18'13" W., 2765.15 feet along said West
boundary to the South boundary of the Northeast Quarter of said Section 3; thence N. 89°20'05"
E.. 650.55 feet along said South boundary to the POINT OF BEGINNING.
Containing 38.77 acres, more or less.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the legal ownership of Andrew J. 8aluan, Trustee, wÐose
address is 3800 i\irport Road North, Naples, Florida ..912 Wal-Mart Stores East, LP~ 1301 SE
loth Street; Bentonville, AR 73716 and Ronald Benderson 1995 Trust and WR-I Associates~ 570
Delaware Avenue; Buffalo. NY 14202
1.4 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Section 3, Township 50 South, Range 26 East, and is
generally bordered on the north by S.R. 84 and property zoned Industrial; on the
east by C.R. 951; on the south by property zoned agricultural; and on the west by
property zoned C-3 Commercial, RMF-12, Multi-Family Residential, and
Agriculture. The location of the site is shown on Attachment 2 to the Application
for Public Hearing.
B. The zoning classification of the subject property prior to the date of PUD
approval is I (Industrial), C-3 (Commercial Intermediate), RMF-12 (Residential
Multi-Family) and A (Agricultural).
C. Elevations within the site range from 9.6' to 11.2' above mean sea level with an
average of approximately 10.5 feet. Per FEMA Firm Map Panel No. 120067-
0415D, dated June 3, 1986, the WESTPORT property is located within zone "X".
Topographic mapping is shown on the Topographic Survey, Exhibit F.
1-2
D. The soil types on the site generally include Pineda fine sand Limestone
Substratum and Boca fine sand. Soil Conservation Service mapping of soil types
is shown on the FLUCCS and Soils Map, Exhibit C.
E. Vegetation on site primarily consists of pine flatwoods, willow, cypress wetlands
and melaleuca dominated areas. Detailed vegetation mapping is shown on the
FLUCCS and Soils Map, Exhibit C.
F. The project site is located within the Lely Canal Basin as depicted within the
Collier County Drainage Atlas (May 1990). The general surface drainage pattern
flows in a northeast to southwest direction which eventually discharges into the
Lely Canal. The Conceptual Surface Water Management Plan is shown on
Exhibit D.
1-3
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for
WESTPORT, and to identify relationships to applicable County ordinances, policies, and
procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
WESTPORT will include a mix of commercial, industrial, hotel \:ISCS, stormwater
management lakes. open spaces, and reserve areas. WESTPORT intends to establish
project-wide guidelines and standards to ensure a high and consistent level of quality for
proposed features and facilities. Uniform guidelines and standards will be created for
such features and facilities as landscaping, signage, lighting, roadway treatments, fences,
wall, buffers, berms and other similar features.
The Master Plan is illustrated graphically on Exhibit "A", PUD Master Plan (WMB&P,
Inc., File No. RZ 216). A Land Use Summary indicating approximate land use acreages
is shown OD the plan. The location, size, and configuration of individual tracts shall be
determined at the time of Preliminary Subdivision Plat approval with minor adjustments
at the time of Final Plat approval, in accordance with .i\rticle 3, Division 3.2, Section
~ Section 4.03.03 of the Collier County land Development Code.
2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of WESTPORT shall be in accordance with the
contents of this PUD Ordinance, applicable sections of the Collier County Land
Development Code (to the extent they are not inconsistent with this PUD
Ordinance) and Collier County Growth Management Plan which are in effect a
the time of issuance of final development order.
B. Unless otherwise defined herein, or as necessarily implied by context, 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 issuance of the first
development order which would involve said definitions as set forth in paragraph
2.3.A.
C. Development permitted by the approval of this petition will be subject to a
concurrency review under the Adequate Public Facilities Ordinance, .^..rtiele 3,
Division 3.15 Section 10.02.07 of the Collier County Land Development Code.
2-1
D. Unless modified, waived or excepted by this PUD or by subsequent request, the
provisions of other applicable land development codes remain in effect with
respect to the development of the land which comprises this PUD.
E. All conditions imposed herein or as represented on the WESTPORT PUD Master
Plan (Master Plan) are part of the regulations which govern the manner in which
the land may be developed.
F. The Subdivisions Division of the Collier County Land Development Code
(Article 3, Division 3.2 Section 4.03.03) shall apply to WESTPORT, except
where an exemption is set forth herein or otherwise granted pursuant to Land
Development Code Section ~ 1.04.03.
G. The Site Development Plans Division of the Collier County Land Development
Code (Article 3, Division 3.3 Section 10.02.03) shall apply to WESTPORT,
except where an exemption is set forth herein or otherwise granted pursuant to
Land Development Code Section H-Æ-1O.02.03.
2.4 LAND USES
A. The location of land uses are shown on the PUD Master Plan, Exhibit A.
Changes and variations in building tracts, location and acreage of these uses shall
be permitted at preliminary subdivision plat approval, preliminary site
development plan approval and final site development plan approval to
accommodate topography, vegetation, and other site conditions, subject to the
provisions of Article 2, Di'.'ision 2.7, Section 2.7.3.5 10.02.13 of the Collier
County Land Development Code. The specific location and size of individual
tracts and the assignment of square footage or units shall be determined at the
time of site development plan approval.
B. Roads and other infrastructure may be either public or private, depending on
location, capacity, and design. The determination as to whether a road shall be
public or private shall be made by the developer at the time of final subdivision
plat approval. Developer shall create appropriate property owners associations(s)
which will be responsible for maintaining the roads, streets, drainage, common
areas, water and sewer improvements where such systems are not dedicated to the
County. Standards for roads shall be in compliance with the applicable provisions
of County Code regulating subdivisions, unless otherwise approved during
subdivision approval. Developer reserves the right to request substitutions to
Code design standards in accordance with Section 3.2.7.2 10.02.04 of the Land
Development Code.
2.5 PROJECT DENSITY
The total acreage of the WESTPORT is approximately 97 acres. The commercial retail
uses occupy approximately ~ 39.3 acres with a maximum gross leasable floor area of
255.000 350.000 square feet. The accommodations district occupies apprmdmately 6.0
acres and will provide 150 hotel/motel rooms. The industrial uses occupy approximately
2-2
:J..l..á 8.0 - 12.4 acres with a maximum gross leasable floor area of 150,000 218.000
square feet. These described land uses are set forth on the PUD Master Plan, Exhibit A.
2.6 SITE CLEARING AND DRAINAGE
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the Collier County Land Development Code and the standards and commitments of
this documents
2.7 EASEMENT FOR UTILITIES
All necessary easements, dedications, or other instnunents shall be granted to insure the
continued operation and maintenance of all service utilities in compliance with applicable
regulations in effect at the time approvals are requested.
2.8 LAKE SITING
As depicted on the PUD Master Plan, lakes have been preliminarily sited. The goal of
the Master Plan is to achieve an overall aesthetic character for the Project, to permit
optimum use of the land, and to increase the efficiency of the water management
network. Fill material from lakes is planned to be utilized within the project; however,
excess fill material may be utilized off-site. The volume of material to be removed shall
be limited to ten percent of the calcdated excavation volume to a maximum of 20,000
cubic yards, If the applicant wishes to take more off-site, a commercial excavation
permit will be required. Final lake area determination shall be in accordance with the
South Florida Water Management District storm water criteria arid Section 3.5.7 Article
IV, Section 22-112 of the Collier County Code of Laws and Ordinances.
A. Setbacks: Excavations shall be located so that the top-of-bank of the excavation shall
adhere to the following minimum setback requirements, subject to approval of
County staff at time of final construction plan approval;
1. Twenty feet (20') from back of curb of internal roads. The roads will be
designed to (AASHTO) road standards and shall incorporate such factors as
road alignment, travel speed, bank slope, road cross sections, and need for
barriers.
2. Fifty feet (50') from all PUD perimeter property lines.
2.9 OFF-STREET PARKING AND LOADING
All off-street parking and loading facilities shall be designed in accordance with Division
H Section 4.05.01 of the Collier County Land Development Code.
2-3
2.10 BUFFERS
Minimum standards for buffers shall be in accordance with Division 2.4 Section 4.06.01
of the Collier County Land Development Code in effect as the time final local
development orders are requested, unless otherwise specified in this Section 2.10.
All buffer setbacks shall be measured from platted lot boundaries. The following
identifies the buffer according to land use type:
A. External -
-h Buffer along SR84 (Davis Boulevard) and CR95l (Isle of Capri Road) is
twenty feet (20').
~ Buffer adjacent to agricultural zoning is ten feet (10').
~ Buffer adjacent to RMF-12 zoning is fifteen feet (15').
~ Buffer adjacent to industrial zoning is fifteen feet (15').
B. Internal Buffers on:
1. Hotel Parcel:
a. 10' adjaccnt to commercial parcels
b. 15' adjacent to industrial parcels
c. 10' adjacent to intcrnal right of way
d. 10' adjacent to internal Zone B parcels
L
~ Commercial Parcels:
a. 10' adjacent to hotel pafcel
b. 10' adjacent to industrial parcel
c. 10' adjacent to internal right-of-way
d. 10' adjacent to internal Zone A parcels
2.
~ Industrial Parcels:
a. 15' adjacent to hotel pafcel
b. 10' adjacent to commercial parcels
c. lO'adjacent to internal right-of-way
d. 10' adjacent to internal Zone C parcels
C. The 15' wide landscape buffer adjacent to the internal right-of-way along the
western property line shall contain a 6' high opaque fence or wall in addition to
the required vegetation indicated in Section 2.1.7.4 4.06.02 'of the Collier County
Land Development Code.
2-4
2.11 SIGNS
Minimum standards for signs shall be in accordance with Division 2.5 Section 5.06.01 of
the Collier County Land Development code in effect at the time final local development
orders are requested, unless otherwise specified in the Section 2.11. The following signs
are permitted, per issuance of a building permit and subject to the below:
Pole or Ground Signs - Single occupancy parcels, shopping centers, office complexes,
accommodations complexes or industrial parks having frontage of one hundred fifty feet
(150') or more on a public street, shall be permitted on (l) pole, or two (2) ground signs.
In addition, multiple occupancy parcels such as shopping centers, office complexes, or
industrial parks containing twenty five thousand (25,000) square feet of more of grow
leasable floor area will be permitted one (1) directory sign with a maximum size of two
hundred fifty (250) square feet for a single entrance on each public street.
I. Maximum allowable sign area - one hundred (100) square feet for each pole or
ground signs, or a maximum combined area of one hundred twenty (120) square feet
for two (2) ground signs, except for approved directory signs.
2. Setbacks - fifteen feet (15) from any property line, public or private right of way, or
easement, with the exception of directory signs which may be located within the
medians of private streets or easements, provided their location presents no visual
obstructions, or traffic hazards to motorists or pedestrians.
3. Maximum allowable height - twenty five feet (25). Height shall be measured from
the lowest center line grade of the nearest public or private right of way or easement
to the uppermost portion of the sign structure.
4. The maximum size limitation shall apply to each sigh structure. Pole or ground signs
may be place back to back, side by side, or in V -type construction with not more than
on (I) display on each facing, and such sign structure shall be considered as on (1)
sIgn.
5. Spot or floodlights shall be permitted only where such spot or floodlight is
nonrevolving and said light shines only on the owner's premises or signs and away
from any right of way.
2.12 USE OF RIGHTS-OF-WAY
Utilization of lands within all project right-of-way for landscaping decorative entrance
ways and signage may be allowed subject to review and administrative approval by the
Developer, and the Collier County Development Services Director for engineering and
safety considerations. during the development review process and prior to any
installations.
2-5
2.13 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in "'\rticle 2, Di':ision 2.7, Section
2.7,3.5.1 Section 10.02.13 of the Collier County Land Development Code.
2.14 LIMIT A TIONS OF PLANNED UNIT DEVELOPMENT APPROVAL
This PUD is subject to the sunsetting provision as provided for within i\rticle 2, Division
2.7. Section 2.7.3.4 Section 10.02.13 of the Collier County Land Development Code.
2.15 PUD MONITORING
An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7,
Section 2.7.3.6 Section 10.02.13 of the Collier County Land Development Code.
If hazardous products or wastes are generated, used or stored on the site, a containment
plan for hazardous material handling and emergency response shall be required. An
annual monitoring report shall be required on the types, quantities and disposition of the
hazardous material.
2.16 SITE DEVELOPMENT PLAN APPROVAL
The provisions of Article 3, Division 3.3, Diyision 3.3 Section 10.02.03 of the Collier
County Land Development Code shall apply to the development of platted tracts or
parcels of land prior to the issuance of a building permit or other development order.
2.17 IMPACT FEES
Development within the Project shall be subject to all lawfully adopted impact fees.
Impact fee credits shall be granted to the Developer in accordance with Section 3.06 of
the Retttl Impact Fee Ordinance ~ 01-13, as amended.
2.18 DEDIC1\. TION AND MAINTENANCE OF FACILITIES
The developer shall create appropriate property owner association(s) which will be
responsible for maintaining the roads, streets, drainage, common areas, and water and
sewer improvements where such systems are not dedicated to the County.
2.19 OPEN SPACE REQUIREMENTS
Pursuant to "^..rticle 2, Division 2.6, Section 2.6.32 Section 4.02.01 of the Collier County
Land Development Code, at least thirty percent (30%) of the project shall be devoted to
usable open space. The total project is 97.0 acres requiring a minimum 29.1 acres to be
retained as open space. The open space calculation indicated on the PUD Master Plan
identifies 29.1 acres included in the Reserve, lakes and miscellaneous buffers and open
2-6
r __ ...._.~-,~,""""...
space areas, which meets the requirement.
2.20 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 Section 3.05.07 of the Collier
County Land Development Code, 25% of the viable naturally functioning native
vegetation on site shall be retained. Approximately 12.0 acres of the wetland reserve and
32.0 acres of the pin upland are impacted greater than fifty percent with melaleuca. Fifty
percent of the combined 44.0 acres deducted from the total project area of 97.0 acres
leaves 75.0 acres of viable natural functioning native vegetation within the PUD
boundary. Therefore 18.8 acres (25% of the 75.0 acres) are required to be retained and
are fully satisfied within the Reserve and miscellaneous buffers and open space indicated
on the PUD Master Plan and not further preservation shall be required.
2-7
SECTION III
ZONE A - COMMERCIAL DISTRICT
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within WESTPORT designated as Zone A on Exhibit "A", PUD Master Plan.
3.2 GENERAL DESCRIPTION
Areas designated as Zone A (approximately ~ 39.3 acres) on the PUD Master Plan are
intended to provide a maximum of 255,000 350.000 gross leasable square feet of various
retail, service, and office commercial uses to serve residents in the surrounding areas as
well as provide highway oriented facilities. The ~ 30.9 ± acre and 4.0 + acre
commercial parcel~ located adjacent to C.R. 951 is are within an Interchange Activity
Center designation in the Growth Management Plan (GMP). The permitted uses and
structures for Hri5 these parcelâ are as indicated in the following Section 3.3. The M 4.4
± acre commercial parcel located adjacent to S.R. 84 is also within the Interchange
Activity Center. The permitted uses and structures for this parcel are as indicated in
Section 3.4.
3.3 PERMITTED USES AND STRUCTURES - ~ 30.9 ± ACRES AND 4.0 + ACRES
ON C.R. 951
Nor building or structure or part thereof, shall be erected, altered or used, or land uses, in
whole or part, for other than the following:
A. Permitted Principal Uses and Structures
1. Amusement and Recreation Services (Groups 7911 -7941, 7991, 7993).
2. Apparel and Accessory Stores (Groups 5611 - 5699).
3. Automotive Dealers and Gasoline Service Stations (Groups 5511 - 5599).
4. Automotive Repair, Services, and Parking (Groups 7514, 7515, 7542).
5. Building Materials, Hardware and Garden Supplies (Groups 5211 - 5261).
6. Business Services (Groups 7311, 7313, 7319, 7322-7323, 7331-7338,
7361,7363,7371-7389).
7. Depository Institutions (Groups 6011-6099).
3-1
8. Eating and Drinking Places (Groups 5812-5813).
9. Engineering, Accounting, Research, Management, and Related Services
(Groups 8711-8713, 8721, 8741-8743, 8749-8).
10. Food Stores (Groups 5411-5499).
11. General Merchandise Stores (Groups 5311-5399).
12. Health Services (Groups 8011-8049, 8082, 8093, 8099).
13. Holding and Other Investment Offices (Groups 6712-6799).
14. Home Furniture, Furnishings, and Equipment Stores (Groups 5712-5736).
15. Insurance Agents, Brokers, and Services (Group 6411).
16. Insurance Carriers (Groups 6311-6399).
17. Legal Services (Group 8111).
18. Membership Organizations (Groups 8611-6561, 8699).
19. Miscellaneous Repair Services (Group 7631).
20. Miscellaneous Retail (Groups 5912-5962, 5992-5999).
21. Motion Pictures (Groups 7833, 7841).
22. Nondepoitory Credit Institutions (Groups 6111-6163).
23. Personal Services (Groups 7211,7212,7215,7219,7221-7251,7291,
7299).
24. Real Estate (Groups 6512, 6519-6553).
25. Recreation (Groups 7911-7933, 7941, 7993, 7997).
26. Security and Commodity Brokers, Dealers, Exchanges and Services
(Groups 6211-6289).
27. Social Services (Groups 8322-8351, 8399).
28. Any other commercial use or professional service which is comparable in
nature with the foregoing uses and which the Deyelopment Services
Director Board of Zoning Appeals determines to be compatible in this
district.
3-2
B. Permitted Accessory Uses and Structures
1. Uses and structures that are accessory and incidental to uses permitted in
this district.
3.4 PERMITTED USES AND STRUCTURES - M 4.4 ± ACRES ON S.R. 84
No building or structure or part thereof, shall be erected, altered or used, or land uses, in
whole or part, for other than the following:
A. Permitted Principal Uses and Structures
1. Accounting, Auditing and Bookkeeping Services (Group 8721).
2. Apparel and Accessory Stores (Groups 5611-5699).
3. Auto and Home Supply Stores (Group 5531).
4. Automobile Parking (Group 7521).
5. Business Services (Groups 7311, 7313, 7322-7338, 7361-7379, 7384,
7389, except auctioneering service, field warehousing, bottle labeling,
packing and labeling, salvaging of damaged merchandise, scrap steel
cutting and slitting).
6. Child Day Care Services (Group 8351).
7. Drug Stores and Proprietary Stores (Group 5912).
8. Eating Places (Groups 5812 only). All establishments engaged in the
retail sales of alcoholic beverages for on-premise consumption are subject
to locational requirements of Sec. 2.6.10 Section 5.05.01.
9. Electrical Repair Shops (Group 7622 radio, television, stereo and video
recorder repair only, 7629 except aircraft, business and office machines,
large appliances such as refrigerators and washing machines).
10. Engineering, Architectural, and Surveying Services (Groups 8711-8713).
11. Food Stores (Groups 5411-5499)
12. Gasoline Service Stations (Group 5541 subject to Section 2.6.285.05.05.
13. Group Care Facilities (Category I and II); Care Units except for homeless
shelters; and Nursing Homes, subject to Sec. 2.6.26 Section 5.05.04.
3-3
14. Hardware Stores (Group 5251).
15. Health Services (Groups 8011-8049, 8082).
16. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736).
17. Individual and Family Social Services (Group 8322 activity centers,
elderly or handicapped; adult day care centers; and day care centers, adult
and handicapped only).
18. Insurance Carriers, Agents and Brokers Groups 6311-6399, 6411).
19. Legal Services (Group 8111).
20. Libraries (Group 8231).
21. Management and Public Relations Services (Groups 8741-8743,8748).
22. Membership Organizations (Groups 8611-8699).
23. Miscellaneous Personal Services (Group 7291).
24. Miscellaneous Repair Services (Groups 7629-7631).
25. Miscellaneous Retail (Groups 5912-5963, except pawnshops and all uses
dealing with secondhand merchandise, 5922-5999).
26. Museums and Art Galleries (Group 8412).
27. Non-depository Credit Institutions (Groups 6111-6163).
28. Paint, Glass and Wallpaper Stores (Group 5231).
29. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry
cleaning only, 7221-7251, 7291).
30. Public Administration (Groups 9111-9199, 9229, 9311, 9411-9451, 9511-
9532, 9611-9661).
31. Real Estate (Groups 6531-6541).
32. Retail Nurseries, Lawn and Garden Supply Stores (Group 5261).
33. Security and Commodity Brokers, Dealer, Exchanges and Services
(Groups 62 I 1-6289).
3-4
34. United States Postal Service (Group 4311, except major distribution
center).
35. Veterinary Services (Groups 0742,0752, excluding outside kenneling).
36. Video Tape Rental
B. Permitted Accessory Uses and Structures
1. Uses and structures that are accessory and incidental to uses permitted in
this district.
3.5 DEVELOPMENT STANDARDS
A. Minimum Lot Area: Ten thousand (10,000) square feet.
B. Minimum Lot Width: One hundred feet (100').
C. Minimum Yard Requirements:
1. Front Yard: Twenty-five feet (25').
2. All other yards: Fifteen feet (15 ').
3. No structure will encroach into the required upland buffer surrounding the
Reserve.
D. Maximum Height: Thirty-five feet (35'), except for non-functional architectural
elements (such as bell towers), which shall have a maximum height of fifty feet
(50').
E. Minimum Floor Area of Principal Structure: Seven hundred (700) square feet
gross floor area for each building on the ground floor.
F. Distance between principal structures: none, or a minimum of five feet (5') with
unobstructe4d passage from front to rear yard.
G. Minimum standards for signs, parking, lighting, and landscaping shall be in
accordance with Collier County Land Development Code in effect as the time
final local development orders are requested unless otherwise specified herein
under Section 2.9, 2.10 and 2.11.
3-5
_-..,~._.
SECTION IV
ZONE B ¡\CCOMMODf..TIONS DISTRICT
4.1 Fteserved.
"1.1 PURPOSE
The purpose of this Section is to identify permitted uses and de';elopmem standards for
the area within V/ESTPORT designated as Zone B on Exhibit ".\", PUD Master Plan.
"1.2 GENER.\L DESCRIPTION
The arca designated as Zone B on the PUD Master Plan is intended to pro'¡ide lands for
tourist accommodations and support facilities. The plan will accommodate a maximum
of 150 hotel rooms. The Zone B parcel is located adjacent to C.R. 951 and is v;ithin an
Interchangc L\ctivity Center designated in the GMP.
"1.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thcreof, shall be erected, altered or used, or land or '.vater
used. in whole or in part, for other than the following:
A. Permitted Principal Uses and Structurcs
+:- Hotels and motels.
B. Pcrmitted Accessory Uses and Structures
1. Uses and structures that are accessory and incidental to uses permitted in
this district.
2. Shops, personal service establishments, eating or drinking establishments,
dancing and staged entertainment facilities, and meeting rooms and
auditoriums '.vhere such uses are to be used by patrons of the hotel/motel
and arc an integrated part of the hotel/motel, which common architectural
standards. even if contained in a free standing building.
3. Recreational facilities that serve as an integral part to the permitted uses
\\"hich may include, but are not limited to, pool, tennis facilities, parks,
playgrounds and playfields.
"1,"1 DEVELOPMENT STSND.^..RDS
A. Minimum Lot. \.1"ea: One (1) acre.
B. Minimum Lot \Vidth: Onc HlHldred fifty feet (150').
4-1
---,--.....-;."..
H.
c.
Minimum Yard R .
I eqmrements:
. Front Y Clrd: Fift, fi"
oft'.venty feet (2Ò) .e percent (55%) onmilding height H,'th "
, . HI a mmlmum
,'\ll other yafà . +
s. wenty feet (20').
No structures will encroach i t h
the Reserve. not e required upland b n; .
u er surroundmg
2.
3.
D.
Maximum Height: C'
ol]{ty fcet EéQ'j .
or SI]{ stories, 'Nhiehe' 'er i
Maximum De . ,n . . s greater.
nSlt) rermltteà' ^ .
. ,.. maxuRum of 150
T'\' rooms for hatel à
uIStance betnoeen . . s an motels.
of the builà' .. .pnneIpal structures; Fifteen fi '
mg heIghts, whichever is greater. eet (15 ) or one half (1/2) the sum
Floor ^ fea D .
. ".. ",cqmremcnts' Þ l' .
Artlcle 2, Oh'ision 2 2 8' ~ Immum standards shall b .
~ . , ectlOn 2.2.8.1.7 ofth C . em accordance with
e oIlIer CO\:lnty Land D~:~"
. elopment
E.
F.
G.
Minimum standa-rds for si ns . . .
accordance ....¡ith C 11' g, parkmg, IIghtmg, and I d .
final local de"clo 0 Ier County Land Development Can sc~mg shall be in
uad.r S.ctio~s 2 ~";'~~ orders are requested-ualess ot:d.~ fa ./feet at the tilfte
. ,. and 2 11 ef\.lse specIfied h .
. . efeln
4-2
SECTION V
ZONE C - LIGHT INDUSTRIAL DISTRICT
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within WESTPORT designated as Zone C on Exhibit "A", PUD Master Plan.
5.2 GENERAL DESCRIPTION
Areas designated as Zone C on the PUD Master Plan are intended to provide a maximum
of "150, 000 218.000 square feet of gross floor area of light industrial uses on 3-l-ð 8.0 _
12.4 acres. The floor area ratio (FAR) for the designated industrial land uses is
approximately .43, which is below the maximum allowed FAR of.45 required pursuant
to the Activity Center sub-district requirements of the FLUE. The permitted uses and
structures and development standards for the industrial land uses are similar to the
standards required in and Industrial PUD, as set forth in Section 5.3.
5.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. The permitted principal uses and structures will generally consist of corporate
offices and headquarters, light manufacturing, processing and packaging,
laboratories and clinics, and research, design and product development.
1. Agricultural Services (Group 0782, 0783).
2. Apparel and Other Finished Products (Groups 2311-2399).
3. Automobile Rental, Leasing, and Parking (Groups 7513-7521).
4. Building Construction (Groups 1521-1542).
5. Business Services (Groups 7312, 7313, 7319, 7334-7336, 7342-7389,
including auction rooms (5999), subject to parking and landscaping for
retail use).
6. Communications (Groups 4812-4899) subject to l'.rtielø 2, Division 2.6,
Section 2.6.35.6.5. Section 5.05.09 of the Collier County Land
Development Code, not to include free standing towers.
7. Construction-Special Trade Contractors (Groups 1711-1799).
5-1
8. Eating Places (5812).
9. Educational Services (8243-8249).
10. Electronic and Other Electrical Equipment (Groups 3612-3699).
11. Engineering, Accounting, Research, Management and Related Services
(Groups 8711-8748).
12. Fabricated Metal Products (Groups 3411-3479, 3491-3499).
13. Food and Kindred Products (Groups 2011-2099, except slaughtering
plants).
14. Furniture and Fixtures (Groups 2511-2599).
15. Health Services (8011 accessory to industrial activities conducted on-site
only).
16. Industrial and Commercial Machinery and Computer Equipment (3511-
3599).
17. Justice, Public Order, and Safety (Groups 9221, 9224, 9229).
18. Local and Suburban Transit (Groups 4111-4173).
19. Lumber and Wood Products (Groups 2426, 2431-2499).
20. Measuring, Analyzing, and Controlling Instruments; Photographic,
Medical and Optical Goods; Watches and Clocks (Groups 3812-.873).
21. Membership Organizations (Group 8611).
22. Miscellaneous Manufacturing Industries (Groups 39114-3995, 3999).
23. Motion Picture Production and Distribution (Groups 7812-7829).
24. Motor Freight Transportation and Warehousing (Groups 4212, 4213,
4215-4226 except oil and gas storage, and petroleum and chemical bulk
stations).
25. Personal Services (Groups 7211-7219).
26. Printing, Publishing and Allied Industries (Groups 2711-2796).
27. Recreation (Group 7991).
5-2
28. Social Services (Groups 8331, 8351).
29. Transportation Equipment (Groups 3714, 3716, 3731, 3732, 3751, 3761,
3764,3769, 3792,3799).
30. Transportation Services (Groups 4731, 4783).
31. United States Postal Service (4311).
32. Miscellaneous Repairs (7622-7699).
33. Wholesale Trade-Durable Goods (Groups 5012-5014, 5021-5049, 5063-
5092, 5094-5099).
34. Wholesale Trade-Nondurable Goods (Groups 5111-5159, 5181, 5182,
5191 except that wholesale distribution of chemicals, fertilizers,
insecticides, and pesticides shall be a minimum of 500 feet from a
residential zoning district, 5192-5199).
35. Any other light industrial use of service which is comparable in nature
with the foregoing uses and which the Development Service Director
Board of Zoning Appeals determines to be compatible in this district.
B. Permitted Accessory Uses and Structures
1. Uses and structures that are accessory and incidental to uses permitted in
this district.
2. Retail sales andlor display areas as accessory to the principal use, not to
exceed an area greater than twenty percent (20%) of the gross floor area of
the permitted principal uses.
5.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area: One (1) acre.
B. Minimum Lot Width: One hundred twenty-five (25').
C. Minimum Yard Requirements:
I. Front Yard: Twenty-five feet (25).
2. All Other Yards: Twenty feet (20').
3. No structure will encroach into the required upland buffer surrounding the
Reserve.
4. Minimum Building Setback from Perimeter Boundary of PUD:
5-3
-~,_."..,_..~.".--~".~.-"_.,.-.",_.,,,,-,-~-~_._"
A. Fifty feet (50') for buildings up to thirty-five feet (35') in height.
B. Three feet (3') for everyone foot of building height over thirty-
five (35') adjoining residential districts.
0, Maximum Height: Fifty feet (50').
E. Minimum standards for signs, parking, lighting and landscaping shall be in
accordance with Collier County Land Development Code in effect at the time
final local development orders are requested, unless otherwise specified herein
under Sections 2.9, 2.1 0 and 2.11.
F. No outside storage or display shall be permitted, all manufacturing, etc., shall be
conducted in a fully enclosed building.
G. Fencing along property lines of platted lots and PUD boundaries shall be designed
to be decorative and shall be constructed of materials such as but not limited to
wood, concrete, masonry, vinyl, etc.
5-4
SECTION VI
RESERVE
6.1 PURPOSE
The purpose of this Section is to set forth regulations for areas within WESTPORT
designated as Reserve on Exhibit "A", PUD Master Plan.
6.2 GENERAL DESRIPTION
Areas designated as Reserve on the PUD Master Plan are designed to accommodate
conservation and limited water management uses and functions. The primary purpose of
the Reserve is to retain approved Collier County wetland systems. The boundary of the
Reserve was established using the Collier County wetland jurisdiction delineation as
depicted on Exhibit B, Aerial Photograph.
6.3 PERMITTED USES AND STRUCTURES
No building or structure, part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
I. Open space/nature preserves.
2. Passive recreational areas and boardwalks.
3. Biking, hiking, nature trails, excluding asphalt paved surfaces.
4. Water management facilities and structures.
5. Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses and which the De';elopment
Services Dircctor Board of Zoning Appeals determines to be compatible in
the Reserve District.
6.4 RESERVE CONSER V A TION EASEMENT
A non-exclusive conservation easement or tract is required by Collier County Land
Development Code Section 3.2.8./t7.3 Section 3.05.07 for preservation lands included in
the Reserve. In addition to Collier County, a conservation easement may also be required
by other regulatory agencies with jurisdiction over Reserve lands. Ih addition to
complying with provisions of the Collier County Land Development Code, said easement
shall be provided in accordance with the terms set forth in the applicable permit granted
by said agencies.
6-1
SECTION VII
GENERAL DEVELOPMENT COMMITMENTS
7 .1 ENVIRONMENTAL
A. An exotic vegetation removal, monitoring, and maintenance plan for the site, with
emphasis on the Conservation/Preservation areas, shall be submitted to Project
Plan Review Environmental Staff for review and approval prior to final site
plan/construction plan approval.
7.2 UTILITES
A. Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designated, 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. The utilities for the project's water distribution and wastewater collection systems
shall be designed and constructed to connect the project to the District's facilities
in accordance with County criteria and the County's Master Plan.
D. In order to assure utilities serve to this project, the existing off-site water
distribution and sewage transmission facilities of the District must be evaluated
for hydraulic capacity and improved as required, consistent with the County's
Master Plan.
E. Developer shall dedicate to the Countv an easement for a water well site in the
location shown on Exhibit "D".
F. Developer shall negotiate with Utilities Staff to convey a 30-foot water main
easement along Collier Boulevard (C.R. 951). and to determine the feasibility of
locating a second potable water well site within this easement
7.3 WATER MANAGEMENT
A. A copy of South Florida Water Management District Permit or Early Work Permit
with staff report is required prior to final site development plan approval.
B. Detailed water management plans and calculations, signed and sealed by a Florida
Professional Engineer shall be provided.
7-1
C. An Excavation Permit will be required for the proposed lakes in accordance with
Division 3.5 of Collier CO\:Hlty Ordinance No. 92 73 Article IV, Section 22-106 of
the Code of Laws and Ordinances of Collier County. Florida and South Florida
Water Management District rules.
D. Prior to site development plan approval, a Big Cypress Basin (SFWMD) right-of-
way permit allowing the crossing of drainage basin boundaries and allowing
discharge into Henderson Creek shall be submitted.
E. Authorization from South Florida Water Management District to direct
stormwater runoff into the property to the south shall be provided prior to
construction plan approval.
F. A cross-section of perimeter berm shall be provided prior to preliminary
subdivision plat approval.
G. Prior to construction plan approval, it shall be demonstrated that Henderson Creek
has the capacity to handle the discharge from Westport Commerce Center.
7.4 TRANSPORTATION
A.
B.
A.
~ ~~~:::: ~;II ~'~~~oprj¡lI. fee rcquir~ ~ :=r:~ :=
~~:~iflaflee 9~ 22, as amended, as bmldmg pe s S D p' è
B.
~fi~C;;:~~:,~:~ ~::~~~rW~':::dft:~b=~O~~ .;: :=~:¡~~f~
=, ::=~::; maintaiftcd by Colli", Coumy.
C.
:~::~~opcr will provide appropriate tllrn lanes aa.d street lighting at all project
eßtranccs.
D.
r~:~~i: <;;: ~~=-esses will.be cORsistent '.vith the Collier CouRty .^..ccess
MaflagemeHt PolIcy (ResolutIOn 92 442).
All traffic control devices. signs. pavement markings and design criteria shall be
in accordance with Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS). current edition. FDOT Design Standards.
current edition. and the Manual on Uniform Traffic Control Devices (MUTCD).
current edition. All other improvements shall be consistent with and as require4
þy the Collier County Land Development Code (LDC)
7-2
-,-----
J.
K.
C. Access points, including both driveways and proposed streets. shown on the PUD
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
fronta e. All such access issues shall be a roved or denied durin the review of
re uired subse uent site Ian or final Iat submissions. All such access shall be
consistent with the Collier County Access Management Policy (Res. 01-247), as it
mav be amended from time to time, and with the Collier County Long-Range
Trans ortation Plan. The number of access oints constructed ma be less than
the number depicted on the Master Plan: however, no additional access points
shall be considered unless a PUD Amendment is to be processed.
D. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this proiect. 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.
E. Im act fees shall be aid in accordance with Collier Count Ordinance 01-13 as
amended, and Section 10.02.07 of the LDC. as it may be amended.
F. All work within Collier County rights-of-way or public easements shall require a
Right-of- Way Permit.
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 mav 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.
L
inion of Collier Count a traffic si nal or other traffic control
avement markin im rovement within a
7-3
" ._-;,~.._,--
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.
L. The adiacent development to the west has been designed to provide shared access
or interconnection with this development. The PUD Master Plan indicates this
location. The developer. or assigns. shall accommodate the perpetual use of such
access by incorporating appropriate language into the development covenants or
plat. An easement agreement has been entered into by and between Holland Davis
LLC and Market Center Association, Inc.. dated on or about November 15, 2005,
which shall be recorded in the Public Records of Collier County. Florida as a
condition of approval.
7-4
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ULEVARD
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MARKET CENTER
WR - I ASSOClA TES. L TD,
570 DELW ARE A VENUE
BUFFALO, NY 14202-1207
EASEMENT AREA EXHIBIT
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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 2005-62
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 22nd
day of November, 2005.
DWIGHT E. BROCK
Clerk of Courts an,.¢i:,C~tË'rk~
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Ex-officio to BQ~Ç1..G·E, ¡'b.~
County Commissi:~~~~$1~ ,~.¿,>
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By: Ann Je neJ bhI;1¡.. .... r~' ..--
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Deputy Clerk'JiG;]. ~\..\~ .,...
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