Ordinance 2006-49
ORDINANCE NO. 06 - 49
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
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
RURAL AGRICULTURE (A) AND CREEKSIDE
COMMERCE PARK PUD ZONING DISTRICTS TO A
BUSINESS PARK PLANNED UNIT DEVELOPMENT
ZONING DISTRICT TO BE KNOWN AS THE NAPLES
DAIL Y NEWS BPPUD AND LOCATED, IN SECTION
27, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 35.24
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
)
"'"":'.t..."C>"
WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Assoc., P.A.,
representing Collier Publishing Company, Inc., d/b/a Naples Daily News, 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
27, Township 48 South, Range 25 East, Collier County, Florida, is changed from the
Rural Agriculture (A) and Creekside Commerce Park PUD Zoning Districts to Business
Park Planned Unit Development Zoning District for a project known as Naples Daily
News Business Park Planned Unit Development (BPPUD) in accordance with the
BPPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein.
The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as
amended, the Collier County Land Development Code, is/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 ,;) LI1l day of C' e it' 1).",- \' , 2006.
Page 1 of2
1\TTEST: .
DWIGHT E. BROCK, CLERK
~~~tcOk
AttAit' '&"~' ~1""'Ileputy Clerk
i 1 VI\.ti#'t "oal-
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~HA2~
Approved as to form
and legal sufficiency
. rY\i"'r fl1.~ - tJt<-..Lj
Marjori~ M. Student-Stirling ,
Assistant County Attorney
PUDZ-2005-AR-8833/MJD/sp
This ordinance fjled with the
~7Mtary of State's Office th~
- day of I\.JC)U " Zoo
and acknOWledgement of that
filing received this 07Ct day
of N~~~~
Depu1'y Clerk
Page 2 of2
NAPLES DAILY NEWS
A
BUSINESS PARK PLANNED UNIT DEVELOPMENT
PREPARED FOR:
COLLIER PUBLISHING COMPANY, INC.
Naples Daily News
1075 Central Avenue
Naples, FL 34102
PREPARED BY:
a. GRADY MINOR AND ASSOCIATES, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
(239) 947-1144
(239) 947-0375 (fax)
and
ROETZEL & ANDRESS, L.P.A.
850 Park Shore Drive
Trianon Center, 3rd Floor
(239) 649-2708
(239) 261-3659 (fax)
Naples, FL 34103
DATE FILED I ofa.L{ ~~<p
DATE APPROVED BY CCPC
DATE APPROVED BY BCC 10 f!TY /2-t'1.J {o
ORDINANCE NUMBER a CJD Co- Lt'1
EXHIBIT "A"
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TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE jii
SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1
GENERAL DESCRIPTION
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III BUSINESS PARK 3-1
SECTION IV PRESERVE 4-1
SECTION V OPEN SPACE 5-1
SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1
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EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
LIST OF EXHIBITS
NAPLES DAILY NEWS BUSINESS PARK BPPUD MASTER PLAN
BOUNDARY SURVEY
LOCATION MAP
DEVIATIONS
CONCEPTUAL PARK / PARKLET PLAN
CONCEPTUAL WATER MANAGEMENT PLAN
WATER MANAGEMENT MEMORANDUM
CONCEPTUAL LANDSCAPE PLAN
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STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of Collier County Publishing Company
dba Naples Daily News and Ocean Boulevard Partnership and Ocean Boulevard
Partnership II, hereinafter referred to as the developer, to create a Business Park Planned
Unit Development (BPPUD) on 35:t acres of land located in Section 27, Township 48
South, Range 25 East, Collier County, Florida. The name of this Business Planned Unit
Development (BPPUD) shall be Naples Daily News BPPUD. The development of the
Naples Daily News BPPUD will be in compliance with the planning goals and objectives of
Collier County as set forth in the Growth Management Plan, Business Park Subdistrict.
The development will be consistent with the growth policies and land development
regulations adopted thereunder of the Growth Management Plan Future Land Use
Element and other applicable regulations for the following reasons:
1. The subject property is within the Urban Mixed Use District, Urban Residential
Subdistrict as identified on the Future Land Use Map of the Future Land Use
Element (FLUE). The purpose of the Urban Mixed Use District, Urban Residential
Subdistrict is to provide for a variety of residential and non-residential developments
such as Planned Unit Developments. Pursuant to the FLUE, Business Parks are
allowed as a Subdistrict in an Urban-Mixed Use District.
2. The Naples Daily News BPPUD is compatible with and complementary to existing
and future surrounding land uses as required in Policy 5.4 of the FLUE. The project
lies between developed industrial and commercial planned developments, and the
uses, development standards, buffers and open spaces are compatible with
neighboring properties.
3. Improvements will be in compliance with all applicable land development
regulations.
4. The development of the Naples Daily News BPPUD will result in an efficient and
economical extension of community facilities and services.
5. The Naples Daily News BPPUD complies with the location and development
criteria for business parks as found in the Business Park Subdistrict of the Future
Land Use Element of the Collier County Growth Management Plan.
6. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance.
7. The Naples Daily News BPPUD is in compliance with Objective 7 and its
implementing policies of the Future Land Use Element, in that interconnections to
surrounding development have been provided for vehicular and pedestrian access.
The conceptual location of the interconnection( s) have been shown on the
conceptual master plan.
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8. Access to the Naples Daily News BPPUD is presently provided to Immokalee Road
(via Creekside Way), an arterial roadway and to Creekside Boulevard.
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SHORT TITLE
This ordinance shall be known and cited as the "NAPLES DAILY NEWS BUSINESS
PARK PLANNED UNIT DEVELOPMENT ORDINANCE".
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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 the
Naples Daily News BPPUD, and to describe the existing condition of the property
proposed to be developed.
1.2 LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00038'43" EAST,
ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, ALSO
BEING THE EAST RIGHT-OF-WAY OF U.S. 41 FOR A DISTANCE OF 125.02 FEET TO A
POINT ON THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENCE RUN NORTH
44038'23" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 34.99 FEET;
THENCE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A
DISTANCE OF 573.45 FEET; THENCE RUN SOUTH 86053'15" EAST, ALONG SAID SOUTH
RIGHT-OF-WAY FOR A DISTANCE OF 500.61 FEET; THENCE RUN SOUTH 89045'00" EAST,
ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 134.22 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH
89045'00" EAST FOR A DISTANCE OF 599.23 FEET; THENCE RUN SOUTH 00015'00" WEST
FOR A DISTANCE OF 5.00 FEET; THENCE RUN SOUTH 89045'00" EAST FOR A DISTANCE
OF 35.04 FEET; THENCE RUN NORTH 02033'13" WEST FOR A DISTANCE OF 5.01 FEET;
THENCE RUN SOUTH 89045'00" EAST FOR A DISTANCE OF 249.45 FEET; THENCE RUN
SOUTH 00025'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60002'56"
EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82032'14" EAST FOR A
DISTANCE OF 119.17 FEET; THENCE RUN SOUTH 00007'39" EAST FOR A DISTANCE OF
111.93 FEET; THENCE RUN NORTH 89058'01" WEST FOR A DISTANCE OF 456.64 FEET;
THENCE RUN SOUTH 02019'57" EAST FOR A DISTANCE OF 1,179.69 FEET; THENCE RUN
NORTH 72059'03" WEST FOR A DISTANCE OF 656.88 FEET; THENCE RUN SOUTH
7r43'40" WEST FOR A DISTANCE OF 573.75 FEET; THENCE RUN SOUTH 00039'12" EAST
FOR A DISTANCE OF 187.52 FEET; THENCE RUN SOUTH 68035'21" WEST FOR A
DISTANCE OF 110.88 FEET; THENCE RUN SOUTH 5r47'59" WEST FOR A DISTANCE OF
46.92 FEET; THENCE RUN SOUTH 89020'45" WEST FOR A DISTANCE OF 156.34 FEET;
THENCE RUN SOUTH 00039'15" EAST FOR A DISTANCE OF 34.09 FEET TO A POINT ON A
CIRCULAR CURVE CONCAVE SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH
06018'10" WEST, A DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS
OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 38045'24", SUBTENDED BY A CHORD
OF 46.45 FEET AT A BEARING OF SOUTH 64019'08" EAST, FOR A DISTANCE OF 47.35
FEET TO A POINT ON A CIRCULAR CURVE CONCAVE WEST, WHOSE RADIUS POINT
BEARS SOUTH 45003'34" WEST, A DISTANCE OF 197.21 FEET THEREFROM; THENCE RUN
SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
197.21 FEET, THROUGH A CENTRAL ANGLE OF 75024'07", SUBTENDED BY A CHORD OF
241.20 FEET AT A BEARING OF SOUTH OJD14'23" EAST, FOR A DISTANCE OF 259.53 FEET
TO A POINT ON A CIRCULAR CURVE CONCAVE EAST, WHOSE RADIUS POINT BEARS
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SOUTH 59032'19" EAST, A DISTANCE OF 130.00 FEET THEREFROM; THENCE RUN
SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF
130.00 FEET, THROUGH A CENTRAL ANGLE OF 66043'37", SUBTENDED BY A CHORD OF
142.99 FEET AT A BEARING OF SOUTH 02054'08" EAST, FOR A DISTANCE OF 151.40 FEET
TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHERLY ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL
ANGLE OF 98024'12", SUBTENDED BY A CHORD OF 105.98 FEET AT A BEARING OF
SOUTH 12056'10" WEST, FOR A DISTANCE OF 120.22 FEET TO THE END OF SAID CURVE;
THENCE RUN SOUTH 62008'16" WEST FOR A DISTANCE OF 75.07 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE EAST; THENCE RUN
SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00
FEET; THROUGH A CENTRAL ANGLE OF 93006'13"; SUBTENDED BY A CHORD OF 43.56
FEET AT A BEARING OF SOUTH 15035'09" WEST, FOR A DISTANCE OF 48.75 FEET TO THE
END OF SAID CURVE; THENCE RUN SOUTH 30057'58" EAST FOR A DISTANCE OF 34.79
FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST;
THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT,
HAVING A RADIUS OF 80.00 FEET; THROUGH A CENTRAL ANGLE OF 14016'42";
SUBTENDED BY A CHORD OF 19.88 FEET AT A BEARING OF SOUTH 23049'37" EAST, FOR
A DISTANCE OF 19.94 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 84013'14"
EAST FOR A DISTANCE OF 158.41 FEET; THENCE RUN SOUTH 80055'24" EAST FOR A
DISTANCE OF 183.78 FEET; THENCE RUN SOUTH 81052'51" EAST FOR A DISTANCE OF
180.90 FEET; THENCE RUN SOUTH FOR A DISTANCE OF 261.28 FEET; THENCE RUN
WEST FOR A DISTANCE OF 394.57 FEET; THENCE RUN NORTH FOR A DISTANCE OF
271.73 FEET; THENCE RUN NORTH 84013'14" WEST FOR A DISTANCE OF 120.32 FEET;
THENCE RUN SOUTH 33005'40" WEST FOR A DISTANCE OF 54.13 FEET; THENCE RUN
SOUTH 76056'51" WEST FOR A DISTANCE OF 89.04 FEET; THENCE RUN NORTH 58035'21"
WEST FOR A DISTANCE OF 65.19 FEET; THENCE RUN NORTH 15031'55" WEST FOR A
DISTANCE OF 74.80 FEET; THENCE RUN NORTH 00041'41" WEST FOR A DISTANCE OF
115.24 FEET; THENCE RUN NORTH 28022'47" EAST FOR A DISTANCE OF 171.51 FEET;
THENCE RUN NORTH 17"11'45" WEST FOR A DISTANCE OF 106.79 FEET; THENCE RUN
NORTH 13002'52" EAST FOR A DISTANCE OF 28.51 FEET; THENCE RUN NORTH 73036'14"
WEST FOR A DISTANCE OF 54.78 FEET; THENCE RUN SOUTH 49016'08" WEST FOR A
DISTANCE OF 112.78 FEET; THENCE RUN SOUTH 89047'08" WEST FOR A DISTANCE OF
53.08 FEET; THENCE RUN NORTH 58000'49" WEST FOR A DISTANCE OF 50.49 FEET;
THENCE RUN NORTH 00039'12" WEST FOR A DISTANCE OF 303.48 FEET; THENCE RUN
NORTH 89020'45" EAST FOR A DISTANCE OF 341.45 FEET; THENCE RUN NORTH 00039'15"
WEST FOR A DISTANCE OF 25.00 FEET; THENCE RUN NORTH 69014'15" EAST FOR A
DISTANCE OF 258.29 FEET; THENCE RUN NORTH 13026'32" EAST FOR A DISTANCE OF
348.97 FEET; TO A POINT ON A CIRCULAR CURVE CONCAVE NORTH, WHOSE RADIUS
POINT BEARS NORTH 03017'21" EAST, A DISTANCE OF 936.00 FEET THEREFROM;
THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 936.00 FEET, THROUGH A CENTRAL ANGLE OF 06023'14", SUBTENDED BY A
CHORD OF 104.29 FEET AT A BEARING OF SOUTH 89054'16" EAST, FOR A DISTANCE OF
104.34 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 86054'07" EAST FOR A
DISTANCE OF 258.32 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE
CONCAVE NORTHWEST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET; THROUGH A CENTRAL ANGLE
OF 86054'07"; SUBTENDED BY A CHORD OF 68.77 FEET AT A BEARING OF NORTH
43027'04" EAST, FOR A DISTANCE OF 75.84 FEET TO THE END OF SAID CURVE; THENCE
RUN NORTH FOR A DISTANCE OF 830.91 FEET TO A POINT ON A CIRCULAR CURVE
CONCAVE NORTHWEST, WHOSE RADIUS POINT BEARS NORTH, A DISTANCE OF 85.00
FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE
TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF
90000'00", SUBTENDED BY A CHORD OF 120.21 FEET AT A BEARING OF NORTH 45000'00"
EAST, FOR A DISTANCE OF 133.52 FEET TO THE END OF SAID CURVE; THENCE RUN
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NORTH FOR A DISTANCE OF 224.63 FEET TO THE POINT OF BEGINNING; CONTAINING
35.24 ACRES, MORE OR LESS.
1.3 PROPERTY OWNERSHIP
Folio #'s 29331190521 and 29331190660
Creekside Commerce Park Property Owners Association, Inc.
2600 Golden Gate Parkway
Naples, Florida 34105
Folio #'s 00168040601 and 00168046003
Ocean Boulevard Partnership II
2600 Golden Gate Parkway
Naples, Florida 34105
Folio #'s 00168042900
Ocean Boulevard Partnership
2600 Golden Gate Parkway
Naples, Florida 34105
Folio #'s 00168042803
Ocean Boulevard Partnership II
Ocean Boulevard Partnership
2600 Golden Gate Parkway
Naples, Florida 34105
Contract Purchaser:
Folio #'s 00168040601,001680429000,00168042803, and 00168046003
Collier Publishing Company, Inc.
dba Naples Daily News
1075 Central Avenue
Naples, Florida 34102
1.4 GENERAL AND PHYSICAL DESCRIPTION OF PROPERTY
A. The project site is located in Section 27, Township 48 South, Range 25
East. The site is bordered on the north by Immokalee Road, on the south by
Pelican Marsh PUD/DRI, on the east by the Creekside Commerce Park
PUD and Pelican Marsh PUD/DRI, and the west by Pelican Marsh PUD/DRI
and Granada Shop pes PUD.
B. The zoning classification of the subject property at the time of BPPUD
application was A, Rural Agriculture, and Creekside Commerce Park PUD.
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C. Elevations within the site are approximately 8' above MSL, per FEMA Firm
Map Panel No. 120067 193 D, dated June 3, 1986. The property is located
within flood zone AE (11 ).
D. A majority of the site has been altered due to ongoing agricultural
operations. A portion of the site lying adjacent to Pelican Marsh does
contain native vegetation which is to be retained and designated as a
preserve area on the conceptual master plan.
E. The soil types on the site generally include Myakka and Satellite Fine Sand
and Halopaw and Okeelanta depressional soils. This information was
derived from the Soil Survey of Collier County Area, Florida, 1998.
F. The project site is located within the Collier County Water Management
District Pine Ridge Canal Basin.
G. Industrial, light industrial and accessory uses shall be permitted within
Business Park designated portions of the project.
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the
Naples Daily News BPPUD, and to identify relationships to applicable County
ordinances, policies, and procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Naples Daily News BPPUD will be developed as a business park
providing for industrial and light industrial uses including but not limited to
multi-media publishing, printing, broadcasting and other communication and
information technologies, and mediums and accessory uses, consistent with
the Business Park Sub-district of the Urban Mixed Use District of the Future
Land Use Element of the Collier County Growth Management Plan as set
forth more specifically in Section 3.3 of this BPPUD.
B. The Master Plan is illustrated graphically on Exhibit "A". A Land Use
Summary indicating approximate land use acreages is shown on the plan.
The master plan is conceptual, and the location, size, and configuration of
individual tracts and access to tracts shall be determined at the time of final
site development plan and/or preliminary subdivision plat approval with
minor adjustments at the time of final plat approval.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of the Naples Daily News BPPUD shall be in
accordance with the contents of this BPPUD Ordinance and applicable
sections of the Collier County Land Development Code ("LDC") and the
Collier County Growth Management Plan which are in effect at the time of
issuance of any development order to which said regulations relate. Where
this BPPUD Ordinance does not provide developmental standards, then the
provisions of the specific section of the LDC that is otherwise applicable
shall apply. The regulations of the LDC shall apply to this BPPUD zoning
district except as follows:
1 . Where a deviation or deviations from the provisions of the LDC have
been requested as part of the application for PUD zoning and
approved by the Board of County Commissioners (BCC).
2. Where a substitution or substitutions to a design standard or
standards have been or will be requested by the applicant pursuant to
the LDC.
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3. Where the land uses and development standards which include but
are not limited to setbacks, height requirements, minimum lot area,
are set forth as a part of this BPPUD Document.
4. Where there are standards set forth within this BPPUD Document
that are more strict than the standards set forth in the LDC.
5. Where there are standards set forth in this BPPUD Document not
addressed by the LDC
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
LDC in effect at the time of development order application.
C. Development permitted by the approval of this BPPUD will be subject to the
Adequate Public Facilities Ordinance, Ordinance Number 04-08.
D. All conditions imposed and all graphic material presented depicting
restrictions for the development of the Naples Daily News BPPUD shall
become part of the regulations which govern the manner in which the
BPPUD site may be developed.
2.4 DEVIATIONS
A. A deviation from LDC, Section 4.06.02.C.5 requirement to construct a
twenty-five foot (25') wide landscape buffer along Immokalee Road to
provide a twenty-five foot (25') wide landscape buffer, without a six foot (6')
high wall, berm or wall and berm combination.
B. A deviation from LDC Section 4.02.13.G and Section 4.06.02.C.5, which
requires a business park to provide a 25' wide landscape buffer around the
entire boundary of a business park, to permit the following buffers:
1. East - 25' wide buffer adjacent Creekside Commerce Park, without a
wall or berm.
2. West - 25' wide buffer adjacent to Granada Shoppes PUD, without a
wall or berm.
3. South - the 25' wide existing buffer and berm adjacent to the Pelican
Marsh PUD shall be maintained for that portion of the Naples Daily
News BPPUD located west and south of the existing berm and
designated as open space, preserve, or lake area and supplemental
plantings shall be consistent with Section 2.9.0.
C. A deviation from LDC Section 4.06.02.A.3, Buffer Requirements.
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A request to permit required landscape buffers and signs within recorded
water and wastewater easements consistent with grant of easement
restrictions as recorded in O.R. Book 2712, Pages 0624 - 0626, and O.R.
Book 2712, Pages 0610 - 0612.
2.5 ROADWAYS
A Roadways within the Naples Daily News BPPUD may be public or private.
Standards for roads and driveways shall be in compliance with the
applicable provisions of the LDC regulating subdivisions, unless otherwise
modified, waived or excepted by this PUD or approved during preliminary
subdivision plat approval or site development plan approval. The developer
reserves the right to request substitutions to Code design standards in
accordance the LDC or Code of Laws and Ordinances.
2.6 USE OF RIGHTS-OF-WAY
Utilization of lands within all project rights-of-way or access easements for
landscaping, decorative entrance ways, and signage purposes shall be allowed
subject to review and administrative approval by the Collier County Manager or his
designee taking into account engineering and safety considerations during the
development review process and prior to any installations.
2.7 CHANGES AND AMENDMENTS TO BPPUD DOCUMENT OR BPPUD MASTER
PLAN
Changes and amendments may be made to this BPPUD Ordinance, BPPUD
Master Plan as provided in Chapter 10 of the LDC.
2.8 COMMON AREA MAINTENANCE
Provisions for the perpetual maintenance of common facilities and open spaces will
be provided by a Property Owners' Association or similar entity, as set forth in the
LDC.
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2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal
use throughout the Naples Daily News BPPUD. The following standards shall
apply:
A. Landscape berms shall have the following maximum side slopes:
i) Ground covered berms 3:1
ii) Rip-Rap berms 2:1
iii) Structural walled berms
B. Landscape buffers, berms, fences and walls may be constructed along the
perimeter of the Naples Daily News Business Park BPPUD boundary prior
to preliminary subdivision plat and site development plan submittal.
C. In order to minimize the visibility of loading and vehicular service areas on
the western side of the Naples Daily News Business Park BPPUD, the
applicant, at the time of SDP submittal, will provide vegetative or physical
screening at strategic locations. The screening may include appropriate
buffer treatments, as well as, specific vegetative or physical screening
located in close proximity to the service areas as methods to reduce
visibility from adjacent property.
D. The developer will supplement the existing ficus hedge which presently
serves as a buffer between the proposed BPPUD and the Bay Colony
Development with 80 live oak trees 12 feet high with a minimum spread of
6 feet at the time of planting. Additionally these oak trees will be
supplemented with ficus trees, to the extent the County will allow the use
of ficus trees, to create an opaque buffer. The developer agrees to work
with the Bay Colony Property Owners' Association to gain County
approval for the use of the ficus trees. The supplementary oak and ficus
trees will be located in the buffer area at field selected locations between
the Creekside PUD on the east and the point on the west where the buffer
turns south. This distance is approximately 1,100 feet.
In the event that the ficus hedge is damaged by a windstorm to the extent
of a reduction in the opaque value of 50% or more, the developer agrees
to replace or reset, whichever is appropriate, any of the 80 live oak trees
installed above and install or reset the ficus trees as necessary to restore
the buffer as close to its pre-storm condition as reasonably possible
considering the availability of tree materials at the time of the restoration.
E. The southerly portion of Parcel A shall be heavily planted with trees and
shrubs to create the needed park-like setting to buffer the noise and odor
impacts from printing activities.
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F. The developer shall provide additional trees in an amount that equals 30%
of the minimum tree requirements set forth in the LDC. Additional
vegetative material shall be installed near the intersection of Immokalee
Road and Creekside Way in substantial compliance with Exhibit H,
Conceptual Landscape Plan. The landscaping located on the Immokalee
Road frontage shall be in substantial compliance with Exhibit H and shall
consist of oak trees and shrubs.
2.10 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 redevelopment of land under unified ownership or control,
as set forth in of the LDC.
B. The Naples Daily News Business Park BPPUD is a planned community and
will be developed under unified control. The developer will establish
approved design guidelines and standards for business services,
commercial uses, and related community features and facilities, which
include features and facilities such as landscaping, signage, lighting,
pedestrian systems, fences, buffers, and other similar facilities.
C. All business park land uses shall be subject to Chapter 5 of the LDC, as
applicable, except where a deviation was approved. For purposes of this
BPPUD, any building fac;ade facing the required extension of Creekside Way
shall not be considered a primary fac;ade.
D. Please refer to Section 3.4.C.6 of the BPPUD for additional building design
standards.
2.11 SUBDIVISION PLAT I SOP PHASING
Submission, review, and approval of preliminary or final subdivision plats or site
development plans for the project may be accomplished in phases to correspond
with the planned development of the property.
2.12 GENERAL PERMITTED USES
Certain uses listed below shall be considered general permitted uses throughout
the Naples Daily News BPPUD, except where in conflict with any conservation
easement. General permitted uses are those uses which generally serve the
developer and residents of the Naples Daily News BPPUD and are typically part of
the common infrastructure or are considered community facilities.
A. General Permitted Uses:
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1. Essential services as set forth under LDC, Chapter 2.
2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads, bridges, or other architectural
or structural bank treatments.
4. Community recreational facilities.
5. Temporary construction, sales, and administrative offices for the
developer and developer's authorized contractors and consultants,
including the necessary access ways, parking areas and related uses
to serve such offices.
6. Landscape features including, but not limited to, landscape buffers,
berms, fences and walls subject to the standards set forth in Section
2.9 of this BPPUD.
7. Directional and informational signage, real estate signs, or project
monument signage
8. 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).
B. Development Standards:
Unless otherwise set forth in this Document, the following development
standards shall apply to structures:
1. Setback from back of curb or edge of pavement of any road - Ten
feet (10'), except for signage located within medians.
2. Setback from BPPUD boundary: Fifteen feet (15'), except that
signage shall be in compliance with the LDC or as specified in the
Naples Daily News BPPUD.
3. Minimum distance between unrelated structures - Fifteen feet (15').
4. Setback from lake/water management area: Twenty feet (20').
5. Maximum height of structures - Thirty-five feet (35') as measured
from required minimum flood elevation.
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6. Standards for parking, landscaping, signs and other land uses where
such standards are not specified herein are to be in accordance with
LDC in effect at the time of site development plan approval.
2.13 OPEN SPACE REQUIREMENTS
The LDC requires that business park projects maintain open space at a minimum of
30% of the project area. The project will be designed in accordance with this
standard and open space areas shall be shown on the site development plan
and/or subdivision plat, whichever may be required. The 30% open space
requirement shall be applicable to the BPPUD, and is not required to be met on
individual development parcels.
2.14 SIGNAGE
A. GENERAL
1. All Collier County sign regulations in force at the time of sign permit
application shall apply unless approved as deviations in Section 2.3
of this BPPUD.
2. Signs shall be permitted in private rights-of-way and within buffer,
utility and drainage easements.
3. All signs shall be located so as not to cause sight line obstructions.
4. All internal project rights-of-way, drive aisles, or access easements
may be utilized for decorative landscaped entrance features and
signage subject to review and approval from the County Manager
of his designee for consistency with the requirements set forth
herein.
5. Ground signage shall be restricted to monument type signs similar
in style and size to those installed at Creekside Commerce Park.
No pole signs shall be permitted within the Naples Daily News
Business Park BPPUD.
B. TRAFFIC SIGNS
1. Traffic signs such as street signs, stop signs and speed limit signs
may be designed to reflect a common architectural theme. The
placement and size of the signs shall be in accordance with DOT
criteria.
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2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS
A. The developer reserves the right to request substitutions to subdivision
improvement and utility design standards in accordance with the LDC.
B. Roadways within the Naples Daily News BPPUD shall be designed and
constructed in accordance with the LDC with the following substitutions:
6.06.02; Streets and access improvements
1. Section 6.06.02; Sidewalks, bike lanes and bike paths.
Creekside Boulevard is an existing roadway and has been
constructed with a 5 foot wide sidewalk on one side of the roadway.
Creekside Way will serve as the primary project access to Immokalee
Road and this roadway has been constructed with a sidewalk on one
side of the roadway prior to approval of the Naples Daily News
BPPUD. The developer shall provide internal pedestrian connections
to the existing pedestrian network; however, the developer shall not
be required to retrofit existing roadways to include additional
sidewalks. The developer shall be permitted to make payment in-lieu
of construction of the sidewalks.
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SECTION III
BUSINESS PARK
"BP"
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development
standards for development areas within the Naples Daily News BPPUD.
3.2 GENERAL DESCRIPTION
The approximate acreage of the business park is indicated on the Master Plan.
This acreage is based on conceptual designs and is approximate. Actual acreages
of all development tracts will be provided at the time of site development plan or
preliminary subdivision plat approvals in accordance with the LDC. A maximum of
400,000 square feet of Business Park light industrial uses as listed below in Section
3.3 shall be permitted within the BPPUD
3.3 PERMITTED USES AND STRUCTURES
A. Permitted primary uses (Parcel A).
Parcel A of the Naples Daily News BPPUD district acreage is allowed to
be developed with the following uses (where numbers follow in
parentheses, the uses are based on the 1987 SIC Manual):
1. Communications (groups 4812-4899, including only rooftop or
ground mounted communication towers and subject to Section
5.05.09 of the LDC.)
2. Motion picture production (groups 7812-7819)
3. Printing, publishing and allied industries (groups 2711-2796)
4. Publishing, telecommunications, motion picture and video,
broadcasting, internet publishing industries and other information
services.
5. Advertising and direct mailers and photography, including mailing,
distribution, collation, insertion of products in newspaper, non-
newspaper products and containers and outside publications.
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6. Information management and software.
7. Independent artists, writers and performers.
8. Printing and business support services.
9. Newsdealers and newsstands.
10. All forms of multi-media uses including but not limited to publishing,
marketing, distributing, broadcasting, film production, software,
internet, intranet, video, communication and information
technologies and mediums now existing or subsequently created,
adapted or discovered; it being the intent that such future
technologies and mediums be deemed "Permitted Uses".
11. 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).
B. Permitted primary uses (Parcel B).
Parcel B of the Naples Daily News BPPUD district acreage is allowed to
be developed with the following uses (where numbers follow in
parentheses, the uses are based on the 1987 SIC Manual):
1. All uses permitted on Parcel A
2. Aircraft parts and auxiliary equipment (group3728)
3. Apparel and other finished products (groups 2311-2399)
4. Building contractors (groups 1521-1542), except for general
contractors for mobile home repair on site, modular housing and
premanufactured housing assembled on site, dry cleaning plant
construction, paper pulp mill construction, and truck and automobile
assembly plant construction.
5. Construction: Special trade contractors (groups 1711-1799 except
for boiler erection and installation contractors; fuel oil burner
installation and servicing contractors; gasoline hookup contractors;
sewer hookups and connection for buildings contractors; epoxy
application contractors; fireproofing buildings contractors; gasoline
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pump installation contractors; lead burning contractors; and mobile
home site setup and tie down contractors)
6. Electronics and other electrical equipment manufacturing (groups
3612,3613,3624,3625,3631,3641-3676,3678,3679, 3694, 3695,
3699, except for airport lighting transformers, autotransformers,
electric (power transformers) distribution transformers, electric;
electric fumace transformers; lighting transformers, street and airport;
transformers, reactor; atom smashers (particle accelerators; electron
beam metal cutting, forming, and welding machines; electron linear
accelerators; electrostatic particle accelerators))
7. Furniture and fixtures manufacturing (groups 2511 -2599)
8. Industrial and commercial machinery and computer equipment
(groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599
except for bronzing and dusting machines for printing trades; foundry
type for printing; presses, printing - slugs printers'; ammunition and
explosives loading machinery; brick making machines; cement
making machinery; chemical kilns; control rod drive mechanisms for
use on nuclear reactors; foundry machinery and equipment; frame
straighteners, automotive (garage equipment); fur sewing machines;
ginning machines, cotton; metal finishing equipment for plating,
except rolling mill lines; metal pickling equipment, except rolling mill
lines)
9. Leather and leather products (groups 3131-3199)
10. Measuring, analyzing, and controlling instruments; photographic,
medical and optical goods; watches and clocks manufacturing
(groups 3812-3843, 3845-3873)
11. Medical laboratories and research and rehabilitative centers
(groups 8071-8092,8099)
12. Miscellaneous manufacturing industries (groups 3911-3999 except
for dressing of furs: bleaching, blending, curring, scraping, and
tanning; feathers: curling, dyeing, and renovating - for the trade; fur
stripping; furs dressed: bleached, curried, scraped, tanned, and dyed;
pelts: scraping, curring, tanning, bleaching and dyeing; plumes,
feather; tear gas devices and equipment; veils made of hair)
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13. Paper and allied products (groups 2652-2657, 2673-2679)
14. Plastic materials and synthetics (groups 2833,2834)
15. Printing, publishing and allied Industries (groups 2711-2791)
16. Rubber and miscellaneous plastic products (groups 3021, 3085,
3086,3088,3089)
17. Transportation equipment (group 3732, except for boats, fiberglass:
building and repairing; boats: motorboats, sailboats, rowboats, and
canoes - building and repairing; houseboats, building and repairing;
motorboats, inboard and outboard: building and repairing)
18. Wholesale trade - durable goods (groups 5021-5031, 5043-5049,
5063-5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-
wholesale; lumber: rough, dressed, and finished-wholesale; batteries,
except automotive-wholesale; storage batteries, industrial-wholesale;
unit substations-wholesale; boilers, power: industrial-wholesale;
boilers, steam and hot water heating-wholesale; burners, fuel oil and
distillate oil-wholesale; oil burners-wholesale)
19. Wholesale trade-nondurable goods (groups 5111-5143, 5145, 5147-
5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale;
dogs-wholesale; fish, tropical-wholesale; furs, dressed-wholesale;
greases, animal and vegetable-wholesale; ice, manufactured or
natural-wholesale, leather and cut stock-wholesale; linseed oil-
wholesale; oils, except cooking: animal and vegetable-wholesale;
oilseed cake and meal-wholesale; rubber, crude-wholesale; sawdust-
wholesale; vegetable cake and meal-wholesale; wigs-wholesale;
worms-wholesale)
C. Uses accessory to permitted uses:
1. Uses and structures that are accessory and incidental to uses
permitted as of right in the BPPUD, including but not limited to
storage, warehousing, distribution of paper, ink, printing chemicals,
aluminum and other plates, and other materials and products used
or useful in connection with permitted uses.
2. Caretaker's residence, subject to Section 5.03.05 of the LDC.
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3. Eating places, including coffee shops. No alcoholic beverage sales
shall be permitted.
4. For business park uses, retail sales and/or display areas as
accessory to the principal use shall not to exceed an area greater
than 20 percent of the gross floor area of the permitted principal
use and is further subject to retail standards for landscaping,
parking and open space.
5. Other comparable uses not specified as deemed appropriate by the
Board of Zoning Appeals.
3.4 Building Development Standards
A. Minimum buildable area: 20,000 square feet.
B. Minimum buildable lot width: 100 feet.
C. Minimum yard requirements for principal and accessory structures:
1.
Front yard:
a. Immokalee Road:
b. Internal roads:
Fifty feet (50')
Twenty-five feet (25')
2. Side yard: Ten feet (10')
3. Rear yard: Ten feet (10')
4. From PUD boundary: Fifty feet (50')
5. Preserves:
a.
Principal structure:
Accessory structure:
Twenty-five feet (25')
Ten feet (10')
b.
6. For that portion of a building exceeding fifty (50') feet in height that
portion shall be required to maintain a minimum setback from the
property line at a ratio of two horizontal feet for each one foot of
vertical height.
7. Lake/water management (from control elevation):
a. Principal structure: Twenty feet (20')
b. Accessory structure: Ten feet (10')
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8. Distance between structures: If there is a separation between any
two principal structures on the same parcel, said separation shall
be a minimum of 15 feet or a distance equal to that required by
applicable fire codes.
9. Maximum height of structures: Seventy-five feet (75'), zoned height
as measured from required minimum flood elevation in Parcel A
and twenty -five feet (25') zoned height as measured from required
minimum flood elevation for Parcel B. The Naples Daily News print
press portion of the building shall be limited to 75 feet in height
above minimum flood elevation. That portion of the building shall
be designed with a flat roof. No antennae, satellite dishes nor other
encroachments shall be allowed above the 75 foot maximum
building height. For purposes of this BPPUD, the measurement of
actual height shall be measured as that for zoned height.
10. Minimum floor area: One thousand square feet.
11. The development of Parcel B shall be subject to the following
limitations:
a. No outside lighting on the southern side of any building
constructed on Parcel 8, and no lighting of the parking lot
except to the extent required by the County. To the extent
parking lot lighting is required, cutoff type fixtures or shields
will be used to direct the light downward onto the parking lot.
b. Any loading facility will be located only on the northern facing
portion of any building, and building height is limited to
twenty-five (25) feet above minimum required flood
elevation.
c. No outside storage or outside fabrication is permitted on
Parcel B.
12. Development of Parcel A shall be subject to the following
limitations:
a. The only outside architectural lighting allowed will be on the
north side of the building.
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b. No signage, other than directional, shall be located on the
south side of the building.
c. No lighting or signage shall be placed on the 75 foot portion
of the Naples Daily News building.
d. All building and parking lot lighting shall consist of "cutoff'
type fixtures or shields to direct the lighting downward onto
the parking lot. No lighting fixtures illuminating the parking
area shall be located on poles more than 20 feet in height.
13. Any permanent generator shall be required to be housed in an
enclosed area in order to reduce noise emissions.
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SECTION IV
PRESERVE
"P"
4.1 PURPOSE
The purpose of this Section is to identify permitted uses and development
standards for the area within the Naples Daily News BPPUD designated on the
Master Plan as "P", Preserve.
4.2 GENERAL DESCRIPTION
Areas designated as "P", Preserve on the Master Plan are designed to provide
conservation and may accommodate passive recreation and water management
uses and functions. The acreage of the Preserve area is indicated on the Master
Plan.
4.3 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, which is inconsistent with the conservation
easements recorded in O.R. Book 2089, Page 0831, O.R. Book 2107, Page 1701,
O.R. Book 2260, Page 1869, of the Public Records of Collier County, Florida, the
drainage easement recorded at O.R. Book 2414, Page 3480 and other than the
following:
A. Permitted Principal Uses and Structures
1. Boardwalks, benches, nature trails and shelters, as long as any
clearing required to facilitate these uses does not impact the
minimum required native vegetation.
2. Water management structures in wetland preserves.
3. Uses and structures permitted by the conservation easements and
drainage easement referenced above.
4. Any other conservation use in accordance with Section 3.05.07 of the
LDC which is comparable in nature with the foregoing uses and
which the Environmental Services Department Staff determines to be
compatible in the Preserve Area. Other uses of a comparable nature
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and not administratively permitted within preserves shall require the
approval by the Board of Zoning Appeals.
~4 DEVELOPMENT STANDARDS
A. Maximum height of structures: Twenty-five (25) feet.
B. Building setbacks:
1. Principal structures:Twenty-five (25) feet
2. Accessory structures:Ten (10) feet
4.5 LANDSCAPE BUFFERS
A. Where Chapter 4 of the LDC requires landscape buffers, and preserve
areas are shown, landscape buffers shall consist of preserve vegetation,
when demonstrated that it meets or exceeds requirements of Chapter 4 of
the LDC. Landscape buffers shall remain exotic free. All code
requirements must be met regarding preserves acting as landscape
buffers.
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SECTION V
OPEN SPACE
"OS"
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development
standards for the areas within the Naples Daily News BPPUD designated on the
conceptual master plan as "QS", open space.
5.2 GENERAL DESCRIPTION
Areas identified as "OS" open space on the conceptual master plan are designed
to provide usable open space, recreation, water management, and other open
space and recreational uses.
5.3 PERMITTED USES AND STRUCTURES.
A. Permitted Principal Uses and Structures
1. Lakes, water management facilities, preserves and water control
structures.
2. Boardwalks, benches, nature trails, bridges, cart paths, golf course,
and related facilities. Golf course related improvements shall not
be expanded; however, they may be reconstructed and maintained
in accordance with the conservation easements and drainage
easement referenced in Section 4.3 of this BPPUD.
3. Any other recreation or open space use consistent with recreational
or open space uses permitted by right in the "CON" Conservation
District of the LDC.
5.4 DEVELOPMENT STANDARDS
A. Maximum Height: Twenty-five (25) feet.
B. Setbacks: Zero (0) feet.
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SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments
for the Naples Daily News BPPUD project.
6.2 PUD MASTER DEVELOPMENT PLAN
A. All facilities shall be constructed in accordance with the final site
development plans, final subdivision plans and all applicable State and
Local laws, codes and regulations except where specifically noted.
B. The BPPUD Master Plan (Exhibit A) is an illustration of the conceptual
development plan. Tracts and boundaries shown on the plan are
conceptual and shall not be considered final. Actual tract boundaries shall
be determined at the time of preliminary subdivision plat or site
development plan approval.
C. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all utilities.
D. The developer will implement the concept of "parklets," i.e., small-scale
opportunities for pedestrian seating and/or visual nodes of interest
incorporated adjacent to buffers, buildings, other open space areas on the
site, and pedestrian connections. A parklet shall be defined as a garden
space incorporating a minimum of three of the following elements:
decorative pavers, two canopy/accent trees, site furniture (such as 5'
bench, trash receptacle/ash urn, etc.), pedestrian pathway and/or water
feature/sculpture. The location is intended to provide a visual node of
interest within the project site and/or create a cue for pedestrian
ingress/egress. The developer shall provide a minimum of 3 parklets,
within the business park at the general locations shown on the conceptual
park / parklet plan (Exhibit E). Parklets shall vary in size; however, the
minimum size for any single parklet shall be two hundred (200) square
feet, and the minimum aggregate size of the parklets shall be fifteen
hundred (1,500) square feet.
In addition, one "linear park" shall be developed along Immokalee Road,
expanding the buffer into the project site and it may incorporate such key
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features/options as: sculpture, water features, decorative pots, seat walls
and/or enhanced plantings (palms/trees/shrubs/groundcovers). This park
may become "architectural" in layout, offering a transition between the
structure's architecture and the buffer along Immokalee Road frontage
and is more reminiscent of an urban setting.
6.3 ENGINEERING
A. Except as noted herein, all project development will occur consistent with
the LDC.
6.4 UTILITIES
A. Water distribution, sewage collection and transmission systems shall be
constructed throughout the project by the developer. Central water and
wastewater service will be provided by the appropriate governmental
and/or private utility provider. Appropriate utility easements will be
dedicated to the utility provider in accordance with the procedure adopted
by the utility provider.
B. Upon completion, the utility facilities shall be tested to insure that they
meet Collier County's utility construction requirements in effect at the time
construction plans are approved.
C. Utilities shall be designed in accordance with the Collier County Utilities
Ordinance No. 04-51.
6.5 WATER MANAGEMENT
A. The project shall be designed and permitted in accordance with standards
of the South Florida Water Management District.
B. The lake originally approved as Lake L-1, Creekside Unit I Plat, shall
continue to be operated and maintained in accordance with the approved
plat and approved South Florida Water Management District Permit.
C. Prior to discharge into the existing southerly lake within the project,
stormwater shall be pretreated to applicable government standards and a
water management maintenance easement shall be granted for the
southerly lake to the Pelican Marsh Community Development District
(CDD). The developer shall not seek to permit any interconnection,
overflow or discharge from the project's southerly lake into the CDD's
water management system, consistent with the Memorandum of Johnson
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Engineering, Inc. dated July 19, 2006, a copy of which is attached hereto
as Exhibit G.
D. Prior to the County issuing a final site development plan for any portion of
the project, developer shall enter into an agreement with the Pelican
Marsh CDD that shall include provisions for the CDD to review water
management plans and for the owner of the property within this BPPUD to
pay the maintenance costs for the project's southern water management
lake to the CDD.
E. The projecs conceptual water management system has been described in
the water management report provided in the rezone application materials.
A copy of the conceptual water management plan is included in the
BPPUD Document as Exhibit F.
6.6 ENVIRONMENTAL
A. An exotic vegetation removal, monitoring and maintenance plan for the
site shall be submitted to Environmental Services Staff for review and
approval prior to final site plan/construction plan approval. A schedule for
exotic vegetation removal shall be submitted with the above-mentioned
plan.
B. A minimum of 15 percent of the site's native vegetation shall be retained
or replanted in accordance with the LDC. For this site a minimum of 0.37:t
acres of native vegetation shall be retained on-site. The BPPUD shall
include approximately 2.6:t acres of preserve area as shown on the
Conceptual Master Plan.
C. Areas subject to previously recorded conservation easements shall be
maintained in accordance with the applicable conservation easement.
D. This BPPUD shall be consistent with environmental sections of the GMP
Conservation and Coastal Management Element and the LDC at the time
of final development order approval.
E. This BPPUD shall comply with the guidelines of USFWS and FFWCC for
impacts to protected species. A Habitat Management Plan for those
species shall be submitted to environmental review staff for review and
approval prior to site/plan approval.
F. All conservation areas shall be designated as tracts/easements with
protective covenants. Easements shall be dedicated on the plat to the
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homeowner's association for ownership and maintenance and to Collier
County with no responsibility for maintenance.
G. 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.
H. A Preserve Area Management Plan shall be provided to Environmental
Staff for approval prior to site/construction plan approval identifying
methods to address treatment of invasive exotic species, fire
management, and maintenance.
I. All approved agency (SFWMD, ACOE, FFWCC) permits shall be
submitted prior to final site plan/ construction plan approval.
6.7 TRANSPORTATION
The development of this PUD Master 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 and as required by the LDC.
B. Arterial level street lighting shall be provided at all access points. Access
lighting must be in place prior to the issuance of the first Certificate of
Occupancy (CO).
C. External access points, including both driveways and proposed streets,
shown on the BPPUD 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. No. 01-247), as it may
be amended from time to time, and with the Collier County Long-range
Transportation Plan. The number of access points constructed may be
less than the number depicted on the Master Plan; however, no additional
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external access points shall be considered unless a PUD amendment is
approved.
D. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the
issuance of the first CO.
E. Road impact fees shall be paid in accordance with Collier County
Ordinance No. 01-13, as amended, and 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 No. 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, be the basis for any future cause of action for damages against
the County by the developer, its successor in title, or assignee.
I. All private 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.
J. The developer shall make a proportionate fair share payment toward
future signalization and intersection improvements of Creekside Boulevard
at the U.S. 41 and Goodlette-Frank Road intersection if and when
warranted.
K. The BPPUD Master Plan depicts a potential pedestrian interconnection
with the adjacent property to the west, the developer, or assigns, shall
assure that these interconnections shall accommodate the perpetual use
Naples Daily News BPPUD (BCe 10-24-06lcleall
6-5
of such access by incorporating the appropriate language into the
applicable development covenants, and SDP or plat.
L. Site-related improvements necessary for safe ingress and egress to this
project, as determined by Collier County, shall not be eligible for impact
fee credits. All required improvements shall be in place and available to
the public prior to the issuance of the first CO or when warranted by the
County.
M. The developer shall provide separate proportionate share payments for
development of Parcels A and B not to exceed 15% of the road impact
fees for development of Parcels A and B to address congestion
management strategies in the Northwest Transportation Concurrency
Management Area (TCMA), which will include the funding for intersection
improvements and enhancements to transit and pedestrian facilities. The
proportionate share payments shall include a credit in the amount of
$75,000 for the installation of the SCOOT system at the U.S. 41 and
Immokalee Road intersection and the next two easterly signalized
intersections on Immokalee Road, a credit for the extension of Creekside
Way to Creekside Boulevard shall be provided. The credit will be applied
only to the 15% proportionate share payment above the current road
impact fee.
N. Prior to the issuance of the first CO for the Parcel A, Creekside Way shall
be extended south to Creekside Boulevard. If the land and construction
costs of the Creekside Way extension exceed the proportionate share
payment due for development of Parcel A, the excess shall be applied as
a credit for the proportionate share payment due for development of
Parcel B. Staff shall permit the right-of-way cross-section for Creekside
Way to vary from typical LDC standards in order to accommodate the
roadway extension due to the presence of existing utilities located within
the Creekside Commerce Park PUD.
O. The appropriate department of the Naples Daily News shall instruct
general delivery vehicles to utilize Creekside Boulevard between the hours
of 7:00 a.m. and 10:00 p.m. daily.
P. Ingress and egress by delivery trucks to the Naples Daily News building
shall be restricted to use of the driveway connection to the Granada
Shoppes between the hours of 10:00 p.m. and 7:00 a.m. daily. This
access shall be gated and shall be available for use by Naples Daily
News delivery vehicles during the hours of 10:00 p.m. and 7:00 a.m.
Northbound delivery vehicles shall turn east on Immokalee Road
Naples Daily News BPPlJD (BeC 10-24-06)c1eall
6-6
6.8 AFFORDABLE HOUSING
Collier County and the developer of the Naples Daily News Business Park BPPUD have
cooperated to address affordable housing impacts associated with the project. The
developer, or its successors and assigns, shall make a financial contribution to Collier
County in the amount of $.50 per square foot of press plant (non-office) building area
constructed within the BPPUD. This contribution shall be paid within seven days of the
issuance of a CO for the improvement receiving the CO. The payment of this
contribution shall be credited to the project's obligations to pay affordable or workforce
housing fees that may be adopted in the future by Collier County.
Naples Daily News BPPUD (BCC 10-24-06 )ele31l
6-7
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NAPLes DAILY NEWS' EPPL'D
EltHIBlT A.
CONCEPTUAL MASTER PLAN
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NAPLES DAILY NEWS BPPUD
EXHIBIT C
LOCATION MAP
LOCATED IN SECTION 27, TOWNSHIP 48, RANGE 25,
COLLIER COUNTY, FLORIDA
11 1TH AVE NAPLES - IMMOKALEE RD. (C.R. 846
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NAPLES DAILY NEWS BPPUD
EXHIBIT D
DEVIATIONS
A. A deviation from LDC, Section 4.06.02.C.5 requirement to construct a
twenty-five foot (25') wide landscape buffer along Immokalee Road to
provide a twenty-five foot (25') wide landscape buffer, without a six foot (6')
high wall, berm or wall and berm combination.
The deviation from the requirement to provide a 6' high wall or berm within
the 25' wide buffer is justified given the limited uses proposed in the
Business Park and the project's location adjacent to an industrial park and
retail center. Providing a landscaped buffer will be more consistent with the
landscaping treatment along this corridor of Immokalee Road.
The project will be designed in compliance with the County's Architectural
Standards and compliance with these standards does not warrant the
creation of an opaque buffer treatment
B. A deviation from LDC Section 4.02.13.G and Section 4.06.02.C.5, which
requires a business park to provide a 25' wide landscape buffer around the
entire boundary of a business park, to permit the following buffers:
1. East - 25' wide buffer adjacent Creekside Commerce Park,
without a wall or berm.
2. West - 25' wide buffer adjacent to Granada Shoppes PUD,
without a wall or berm.
3. South - the 25' wide existing buffer and berm adjacent to the
Pelican Marsh PUD shall be maintained for that portion of the
Naples Daily News BPPUD located west and south of the
existing berm and designated as open space, preserve, or
lake area and supplemental plantings shall be consistent with
Section 2.9.D.
The deviations from the required 25' wide buffer with a 6' high berm or wall
are justified given the locations of the proposed Naples Daily News BPPUD,
adjacent to the developed industrial uses of Creekside Commerce Park
PUD and the existing retail shopping center, Granada Shoppes PUD.
These projects are non-residential uses and have existing buffers in place.
An existing berm and landscape buffer exists along a majority of the
project's southern boundary, which meets the intent of the buffers required
for a business park. That portion of the Naples Daily News BPPUD which is
designated as preserve and open space abuts adjacent Pelican Marsh PUD
NDNBPPUD - EXH D Deviations.doc
tracts having similar open space uses, which do not warrant the strict 25'
wide buffer with opacity to 6' in height for areas limited to open space and
preserve uses. The proposed alternative buffers will provide appropriate
buffering between the proposed light industrial uses and the existing
adjacent industrial and retail uses.
C. A deviation from LDC Section 4.06.02.A.3, Buffer Requirements.
A request to permit required landscape buffers and signs within recorded
water and wastewater easements consistent with grant of easement
restrictions as recorded in O.R. Book 2712, Pages 0624 - 0626, and O.R.
Book 2712, Pages 0610 - 0612.
This deviation is warranted due to the previously granted easements to
Collier County which permit landscaping within recorded easements, subject
to limitations found within the recorded easement agreements. Copies of
the recorded easements have been attached for reference.
NDNBPPUD - EXH D Deviations.doc
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NAPLES DAILY NErrS BPPUD
EXHIBIT r
CONCEPTUAL WATER MANAGEMENT PLAN
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JOHNS
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ENGINEERING
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TO:
Wayne Arnold
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Chris HagaL-=-:::-~____---
DATE: July 19, 2006
Naples Daily News Business Park -
RE: Water Management
FROM:
This memorandum is submitted as a follow-up to correct and clarify the proposed water man-
agement system for the referenced project. In particular, there is some confusion as to how the
interconnection between the Pelican Marsh CDD water management lake (Lake 43) and the rest
of the Naples Daily News Business Park drainage works. Lake 43 is totally isolated from the
rest of the water management system for the Pelican Marsh CDD. It is the intention of the
Naples Daily News Business Park water management system to utilize this isolated lake for stor-
age and attenuation of stann water during rainfall events. This isolated lake has a perimeter
berm that holds all the water on the site. This project is designed to have Lake 43 discharge back
through the Naples Daily News Business Park out to the north Naples canal.
The Naples Daily News Business Park system is not designed to discharge into the adjoining
wetland or anywhere within the Pelican Marsh water management system. Only during extreme
high water events (exceeding a 25- year storm) could this isolated system be overtopped and the
waters mixed. In that event, it is equally likely that water could flow from or into the Naples
Daily News water management system. These are independent water management systems and
confirmation of the separation will be documented as we proceed with final plan design, permit-
ting and construction of the project.
I apologize for any confusion regarding this, but these are two independent water management
systems currently, and will remain as such, throughout the designing, permitting, construction
and operation of the Naples Daily News Business Park.
Should you have any further comments or questions regarding this, please contact me.
Copy: Dave Borden
lI'I/OO()()i2006:07 /906 cdl1 (0 Wayrlc Arnold Naples Daily News.doc
2350 Sraniord Court- Naples, Flunda 341 \2
(239) 434-03 B - F,IX (239) 434-9320
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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 2006-49
Which was adopted by the Board of County Commissioners
on the 24th day of October, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of November, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board.of':
,ilt. ".
County CommissioI1:~s;
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\~ Teresa Dillard:
Deputy Clerk