Ordinance 2007-26
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ORDINANCE NO. 07- 26
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, 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 "CPUD"
COMMERCIAL PLANNED UNIT DEVELOPMENT
KNOWN AS THE I-75/ALLIGATOR ALLEY
COMMERCIAL PLANNED UNIT DEVELOPMENT
"CPUD" AND LOCATED ON THE NORTH SIDE OF
DAVIS BOULEVARD IN PROXIMITY TO THE
INTERSECTION OF COLLIER BOULEVARD (CR 951)
AND 1-75, IN SECTION 34, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 40.8 ACRES; PROVIDING FOR THE
ENTIRE REPEAL OF ORDINANCE NUMBER 89-82,
AS AMENDED, THE FORMER I-75/ALLIGATOR
ALLEY PUD; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Robert L. Duane, A.I.C.P., of Hole Montes, Inc., and R. Bruce Anderson,
Esquire, ofRoetzel & Andress, L.P.A., representing Ronald Benderson et a1., Trustees, c/o David
H. Baldauf at Benderson Development Company, Inc., 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 subject property located in Section 34, Township 49
South, Range 26 East, Collier County, Florida, is changed from a Planned Unit Development
"PUD" Zoning District to a Commercial Planned Unit Development (CPUD) District for a
project to be known as the I-75/Alligator Commercial Planned Unit Development (CPUD) in
accordance with the CPUD Document, attached hereto as Exhibit "A," and incorporated by
reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number
04-41, as amended, the Collier County Land Development Code, is/are hereby amended
accordingly.
Page I of2
SECTION TWO:
Ordinance Number 89-92, as amended, known as the I-75/Alligator PUD, adopted on
November 28, 1989, by the Board of County Commissioners of Collier County, is hereby
repealed in its entirety.
SECTION THREE:
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 / J day of J ~~~, ' 2007.
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ATTEST~''':).. ...'.:.:I{) Y,...
DWIGijTR'BROC~ QLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
~I/H
JAMES COLETTA, CHAIRMAN
..
ty Clerk
Approved as to form and
legal sufficiency
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PUDZ-A-2004-AR-6417/MJD/sp
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Page 2 of2
I-75/ALLIGATOR ALLEY CPUD
A
COMMERCIAL PLANNED UNIT DEVELOPMENT
Prepared for:
Randall Benderson 1993-1 Trust
and WR-I Associates, Ltd.
Prepared by:
ROBERT L. DUANE, A.I.C.P.
HOLE MONTES, INe.
950 ENCORE WAY
NAPLES, FLORIDA 34110
239-254-2000
AND
R. BRUCE ANDERSON, ESQ.
ROETZEL & ANDRESS, L.P.A.
850 PARK SHORE DRIVE
TRIANON CENTER -- 3 RD FL.
NAPLES, FLORIDA 34103
239-649-2708
Date Reviewed by CCPC:
Date Approved by BCC:
Ordinance No.
Amendments & Repeals
Exhibit A
TABLE OF CONTENTS
Page
LIST OF EXHIBITS AND TABLES
11
SECTION I - STATEMENT OF COMPLIANCE, PROPERTY 1-1
SECTION II - OWNERSHIP, LEGAL DESCRIPTION, 2-1
SHORT TITLE, PROJECT DEVELOPMENT,
STATEMENT OF UNIFIED CONTROL
SECTION III - PRESERVE SUBDISTRICT 3-1
SECTION IV - PERMITTED USES AND DIMENSIONAL 4-1
STANDARDS FOR COMMERCIAL DEVELOPMENT
SECTION V-
DEVELOPMENT COMMITMENTS
5-1
1.
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LIST OF EXHIBITS AND TABLES
EXHIBIT "A"
CPUD MASTER PLAN
EXHIBIT "B"
LEGAL DESCRIPTION
EXHIBIT "C"
LIST OF REQUESTED DEVIATIONS FROM LDC
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SECTION I
STATEMENT OF COMPLIANCE
The purpose of this section is to set forth the intent of the I-75 and Alligator Alley Development
Corporation, Inc., on 40.8 acres of land located in a part of Section 34, Township 49 South,
Range 26 East, Collier County, Florida. The name of this project shall be the "1-75/ Alligator
Alley Commercial Planned Unit Development (CPUD)". The development of the CPUD will be
in compliance with the Planning Goals and Objectives of Collier County as set forth in the
Growth Management Plan for the following reasons:
1. The subject property is located in an area identified as Interchange Activity Center #9 in
the Growth Management Plan for Collier County.
2. Activity Centers are the preferred locations for the concentration of commercial activities.
3. The subject tract is located at the intersection of Davis Blvd. (State Road 84), County
Road 951, and I-75, which affords the site access for the placement of commercial
activities.
4. The project shall be compliance with all applicable County regulations including the
Growth Management Plan.
5. The project will be served by a complete range of services and utilities as approved by the
County.
6. The proposed project is compatible with and complimentary to existing and surrounding
future land uses as required by Policy 5.4 of the Future Land Use Element. Adjacent
property to the west is zoned for the East Gateway PUD, a non-residential PUD, and the
adjacent land to the East is Zoned C-4.
7. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the Future Land Use Element.
8. The proposed development will result in an extension of community facilities and
services as required by Objective 2 and Policy 5.3 of the Future Land Use Element.
9. The project is planned to incorporate natural systems for water management purposes in
accordance with their natural functions and capabilities as required by Objective 1.5 of
the Drainage Sub-Element of the Public Facilities Element.
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10. The FLUE for Interstate Activity Center allows a maximum of 55% of the total area of
Interchange Activity Center #9 or 347.875 acres to be developed with commercial uses in
the Interchange Activity Subdistrict. At the time of this application for rezoning, 8.35
acres is available for future retail commercial development in Interchange Activity
Center #9. Therefore, the proposed CPUD can be found consistent with this provision
of the FLUE.
11. All final development orders for this project are subject to the Collier County
Concurrency Management System, as implemented by the Adequate Public Facilities
Ordinance in Section 6.02.01 of the Land Development Code* (LDC) and further
required by policy 2.3 of the FLUE.
12. Development of the 1-75 Alligator Alley CPUD will be consistent with the Activity
Center #9 Interchange Master Plan.
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SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE, PROJECT
DEVELOPMENT, STATEMENT OF UNIFIED CONTROL
2.1 PROPERTY OWNERSHIP The undeveloped portion of the subject property is currently
owned by: Ronald Benderson and David H. Baldauf as Trustees under a trust agreement
dated September 22, 1993, known as the Randall Benderson 1993-1 Trust and WR-l
Associates, Ltd. The motel is owned by LaQuinta Properties, Inc. One fast food
restaurant is owned by McDonald's Corp., and the Taco Bell restaurant is owned by
Tromble and Company at the time of the Application for rezoning.
2.2 LEGAL DESCRIPTION The legal description is set forth as Exhibit "B".
2.3 SHORT TITLE
The name of this project shall be known and cited as the "I-75/ Alligator Alley
Commercial Planned Unit Development (CPUD)".
2.4 PROJECT DEVELOPMENT - The property is located on the north side of Davis
Boulevard to the west of Collier Boulevard and bounded by I-75 to the north. The subject
property is also located in the southwest quadrant ofI-75, Exit 15 Interchange and further
located in Section 34, Township 49 South, Range 26 East, Collier County, Florida.
The existing PUD is developing with commercial uses that, at the time of this application
for rezoning, include an existing motel developed with 107 motel units, an existing Taco
Bell and an existing McDonald's restaurant. The subject property has approximately 29.4
acres more or less proposed for commercial uses and approximately 11.4 acres for water
management. Within the water management area, 6.12 acres will be re-vegetated. The
site drains from the south to the north and under I-75 to the Golden Gate Canal. The
elevation of the property ranges from 9 to 13 NVGD. Access to the property is provided
from two access points onto Davis Boulevard. Access is also proposed to be shared with
the non-residential East Naples Gateway PUD, located to the east of the subject property.
A maximum of 265,000 square feet. of gross leasable space shall be permitted by this
CPUD.
2.5 STATEMENT OF UNIFIED CONTROL - This statement represents that the current
property owners, Ronald Benderson and David H. Baldauf as Trustees under a trust
agreement dated September 22, 1993, known as the Randall Benderson 1993-1 Trust and
WR -1 Associates, Ltd have undeveloped portions of the CPUD under unified control for
the purpose of obtaining CPUD zoning on the subject property with the exception of the
existing motel and two existing fast food restaurants no longer under the ownership of
this applicant for CPUD rezoning. The rezoning will not affect the existing development.
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SECTION III
PRESERVE SUBDISTRICT
3.1 PURPOSE
The purpose of this Section is to identify development standards for the preserve areas as
shown on Exhibit "A", CPUD Master Plan.
3.2 PERMITTED USES
The CPUD Master Plan provides for 11.4 acres for Water Management/Preserve Area,
measured from the top of the bank. Minor adjustments may be made to the boundaries of
preserve areas based on wetland permitting considerations, subject to and in accordance
with the LDC. However, the Preserve Area shall not be less than 6.12 acres, based on
15% of the entire 40.8 acre site.
No building, structure or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following structures in accordance with Policy 6.2.6 of
the Conservation and Coastal Management Element of the Growth Management Plan:
A. Permitted Uses and Structures
1. Passive recreation areas.
2. Water management and water management structures.
3. Mitigation areas.
4. Boardwalks and trails that do not reduce the amount of required vegetation to
be preserved.
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SECTION IV
PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL
DEVELOPMENT
4.1 Purpose:
The purpose of this Section is to delineate the development regulations that accompany
the conceptual Master Plan depicted in Exhibit "A".
4.2 Maximum Development Intensity:
The maximum development intensity allowed shall be two hundred and sixty-five
thousand (265,000) square feet of gross leasable area of office or retail uses excluding the
existing motel approved for 107 units, or any future motels. The motel site is a 2.14-acre
parcel that utilized 2.01 acres of the Preserve Area to achieve the permitted number of
units at the time the site plan was approved, and both these areas are depicted on the
Master Plan.
4.3 General Description of the CPUD Master Plan:
Type of Use
Amount of Acres
Preserve/W ater Management
Commercial Area
Right-of- Way
Other, Buffer Areas and Open Space
::!: 11.4 acres *
::!: 29.4 acres
::!: 2.9 acres **
::!: 8.7 acres **
TOT AL:
40.80 acres
* contains 6.12 acres of preserve/water management area to be re-vegetated
** contained within the commercial area
4.4 Uses Permitted:
A. No building or structure, or point thereof, shall be erected, altered or used, in
whole or in part other than the following:
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DIVISION A
I Groups 0742, 0752
DIVISION D
I Group 752
DIVISION E
Group 4225
Group 4311
Grou 4724
Grou s 4812-4841
DIVISION G
Major Group 52
53
54
56
63
64
65
73
75
76
Principal Permitted Uses (Listed by SIC):
AGRICULTURE
I Veterinarian services, exclusive of outside kenneling
MANUFACTURING
I Commercial Printing, exclusive of newspapers
TRANSPORTATION, COMMUNICATIONS,
GAS and SANIT AR Y SEWERS
General Warehouses and Storage, including mini warehouses
(Shall not be permitted immediately adjacent to the right-of-
wa of the Interstate.)
Post Offices as permitted in the Zoned District-C2, exclusive
of ma' or distribution centers
Travel A ents
Communications services, includin towers sub' ect to the LDC
RETAIL
Building Materials, Hardware, Garden Supply, Excepting
Mobile Home Dealers 527
General Merchandise Stores
Food Stores
Auto and Home Su I Stores
Gasoline Service Stations Accesso
Motorc cle Dealers
A arel and Accesso Stores
Home Furniture, Fumishin s, and E ui ment Stores
Eating and Drinking Places, subject to location requirements
for sale of alcoholic bevera es of the LDC
Miscellaneous Retail, Exce tin Fuel Dealers (598)
FINANCE, INSURANCE and REAL ESTATE
Depository Institutions including drive-through banking
facilities
Non-de osito Credit Institutions
Security and Commodity Brokers, Dealers, Exchange and
Services
Insurance Carriers
Insurance A ents, Brokers and Service
Real Estate
SERVICES
Hotels and Motels
Personal Services, Excepting Funeral Service and Crematories
(7261)
Business Services, Exce tin Outdoor Advertisin Services
Auto Re air includin carwashes Accesso Uses onl
Miscellaneous Re air Services
Video rental
Ph sical Fitness Facilities
4-2
I
I
ELECTRIC,
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Groups 801, 802, 803 Medical Practitioners' Offices
and 804
Grou 8111
Grou 871
Grou s 8711-8748
Grou 872
Grou 874
In Services
B. Outside storage and display shall not be permitted, with the exception that garden
centers with covered storage of materials and products shall be permitted.
C. Any other permitted uses which are comparable in nature with the foregoing list
of permitted uses and consistent with purpose and intent statement of the district,
as determined by the Board of Zoning Appeals.
4.5 General Permitted Uses:
Certain uses shall be considered general permitted uses throughout the 1-75
Alligator Alley CPUD except in the preserve areas. General permitted uses
are those uses which generally serve the development and end users of the 1-75
Alligator Alley project and are typically part of the common infrastructure or are
considered community facilities.
1. Essential services as set forth in the LDC.
2. Water management, water management facilities and related structures.
3. Lakes, including lakes with bulkheads or other architectural or structural
bank treatments.
4. Temporary construction, sales, and administrative offices for the developer
and the developer's authorized contractors and consultants, including
necessary access ways, parking areas, and related uses.
5. Landscape features including, but not limited to, landscape buffers, berms,
fences, and walls subject to the standards set forth in this CPUD
Ordinance.
6. Any other use, which is comparable in nature with the foregoing uses,
consistent with the permitted uses of this CPUD, as determined by the
Board of Zoning Appeals.
4.6 Development Standards:
A. Principal Structure Standards: Table 1 below sets forth the development standards
for land uses within this CPUD. Standards not specifically set forth herein shall
be those specified in additional sections of the LDC in effect as of the date of the
approval of the site development plan or subdivision plat.
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I Front yard twenty five (25) feet
setback
2 Side yard fifteen (15) feet or one-halfthe building height, whichever is greater
setback
Minimum
3 distance same as side yard requirements
between
structures
4 Rear yard One-half the building height as measured from an exterior wall.
setback
The maximum density allowed for the existing motel on Lot 6, Plat of 951 Commerce
5 Motel Density Center, Plat Book 17, Pages I and 2 is 26 units per acre based on it's prior SOP approval
that utilized 2.01 acres depicted on the CPUD Master Plan to achieve its allowable
And intensity density. For all unimproved lots the maximum floor area ratio shall be .60.
Minimum floor
6 area, all One thousand (1000) square feet
commercial uses
7 Maximum Not to exceed fifty (50) feet
heiQht
8 Minimum lot
size Ten thousand (10,000) square feet
9 Setback from Twenty five (25) feet for principal structures and ten (10) feet for accessory structures
Preserve Areas
10 Minimum Lot One hundred (100) feet
Width
Should industrial uses develop within this CPUD and are visible from 1-75, an eight-foot
Industrial Uses high masonry wall shall be provided along 1-75. See Section 3.4 for permitted Industrial
11 Uses.
TABLE 1 - COMMERClAL DEVELOPMENT STANDARDS
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B. Accessory Structures:
TABLE 2 - ACCESSORY STRUCTURES
FRONT 20'
SIDE 15'
REAR 15'
PRESERVE SETBACK 10'
DISTANCE FROM 1/2 B.H.
PRINCIPAL STRUCTURE
MAX. STORIES/BLDG 2 STORIES or
HT. NOT TO EXCEED 25 feet
BH: Building Height
GENERAL: Except as provided for herein, all criteria set forth shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Condominium, and/or homeowners' association boundaries shall not
be utilized for determining development standards.
e. Landscaping
All landscaping shall be in accordance with the requirements of the LDC.
Perimeter buffering shall be provided in accordance with the LDe. The CPUD is
not subject to the requirements of Section 4.06.02.D5a of the LDC in order to
allow configuration of water management areas including retention areas for all
development, to allow the edge of the water body to be shown as depicted on the
CPUD Master Plan. The required trees within the 25-foot buffer shall be
installed on the I-75 and CR-951 side of the berm. The existing berm will remain
in its present location and will be repaired (placement of additional fill) to bring
the top to the proper elevation prior to landscaping. Curvilinear plantings along
the edges of those areas comprised of shrubs and grasses, which will be varied in
width to give a natural appearance, shall be incorporated within the two water
management pretreatment areas, as depicted on the CPUD Master Plan. The
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CPUD shall also meet the applicable requirements of the LDC pertaining to the
Activity Center #9 Zoning Overlay District. The requirement for a 25-foot Type
D buffer along Davis Boulevard shall only be applicable to vacant lots west of the
Taco Bell site. The existing ten-foot buffer in front of the Taco Bell and
McDonalds sites shall remain as originally approved. (See also Deviation #3,
Exhibit C)
D. Common Area Maintenance:
Common area maintenance, including the maintenance of common facilities,
open spaces and water management facilities shall be the responsibility of the
property-owners' association established by the developer.
E. Architectural Guidelines:
All commercial development shall meet the requirements of the LDC including
the requirements of the LDC pertaining to the Activity Center #9 Overlay District
and shall be in conformance with the Interchange Master Plan for Activity Center
#9. The principal buildings shall be required to have three primary facades to the
north, south, and east.
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SECTION V
DEVELOPMENT COMMITMENTS
5.1 Environmental Standards
A. A 6. 12-acre preserve area depicted on the CPUD Master Plan shall be re-vegetated in
accordance with the requirements of the LDe.
B. A fence shall be installed along the perimeter of the preserve area depicted on the
CPUD Master Plan in accordance with Collier County requirements until such time
as the vegetation has matured.
C. A Preserve Area Management Plan shall be provided to the Environmental Services
Department for approval prior to site/construction plan approval identifying methods
to address treatment of invasive exotic species, fire management, and maintenance.
D. 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.
E. All conservation areas shall be designated as tracts/easements with protective
covenants. If the property is platted, easements shall be dedicated on the plat to the
property-owners' association for ownership and maintenance and to Collier County
with no responsibility for maintenance.
F. Berms and swales shall not be located within preserve area boundaries.
5.2 Transportation Requirements
A. 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 certificate of occupancy (CO).
B. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer and the County shall have no responsibility for maintenance of any such
facilities.
C. If, in the sole opinion of the County Transportation Division Staff, a traffic signal, or
other traffic control device, sign or pavement marking improvement within a public
right-of-way or easement is determined to be necessary, the cost of such improvement
shall be borne by the developer and shall be paid to the County before the issuance of
the first CO.
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D. The adjacent development to the west has have been designed to provide shared
access or interconnections with this development. The CPUD Master Plan indicates
this location. The developer, or assigns, shall assure that any such shared access or
interconnection is utilized and shall accommodate the perpetual use of such access by
incorporating appropriate language into the development covenants or plat.
E. A directional median opening shall be constructed onto Joyrose Place in accordance
with FDOT Standards at such time as improvements are made to Davis Blvd. that are
anticipated to be made by the end of2009. The left hand turn lane for this directional
median will be approximately 390 feet in length.
F. The directional median opening constructed on Joyrose Place may be temporary and
subject to change or removal by FDOT at the time the Davis Boulevard widening
project or future development commences.
G. This CPUD shall retain water management storage and treatment for two acres of
right-of-way for the six laning of Davis Boulevard. In the alternate an equivalent
amount of water can be stored and treated within the water management system for
the widening of Collier Boulevard if the FDOT does not have an interest in one acre
of storage area for the widening of Davis Boulevard, and the County constructs at its
expense the drainage conveyance system to connect to the PUDs water management
system.
H. This project shall be subject to the East Central TCMA requirements, which include
a selection of four transportation demand management strategies and fair share
payment for impacts not to exceed 15% above impact fees. This requirement shall
only be applicable for development that has not received a certificate of public
facility adequacy. As of the date of the adoption of this Ordinance, certificates had
been issued for 145,000 square feet of un built retail development.
1. There shall be no issuance of COs for any permitted uses until such time as
improvements have been substantially completed to Davis Boulevard and it is
operational under a six-lane road condition unless certificates of public facility
adequacy had been issued prior to the adoption of this Ordinance.
J. Additional interconnections or existing interconnections may be modified or added
for an additional off-ramp from I-75 should it be constructed at a later date.
5.3 Utility Requirements
A. The CPUD is currently serviced by an 8 inch water main, as well as a 12 inch force
main, both on Bedzel Circle.
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B. The developer shall contribute easements of an approximate size of 40 feet by 40 feet
for two well fields at the time of the final approval of the subdivision plat or site
development plan approval. The first well field is located in the northwestern most
corner of the CPUD and the second well field is located about 200 feet northwest of
the proposed restaurant along the eastern edge of the development. All wastewater
transmission facilities shall be set back 100 feet from these well field areas as
required by FDEP.
5.4 Engineering Requirements
Subdivision of the site shall require re-platting in accordance with the LDC to define the
right-of-way and tracts shown on the CPUD Master Plan.
5.5 Water Management Requirements
A. The CPUD Master Plan provides for 11.4 acres for water management/preserve area
measured from the top of the bank. Minor adjustments may be made to the
boundaries of preserve areas based on wetland permitting considerations, subject to
and in accordance with the LDC. The preserve area shall not be less than 6.12 acres,
based on 15% of the entire 40.8 acre site.
B. Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the LDC, except that excavation for water management
features shall be allowed within twenty (20) feet from side, rear or abutting property
lines, with side, rear or abutting property lines fenced.
C. The wet season water table elevation shall be established at the time of South Florida
Water Management District (SFWMD) permitting.
D. See also Paragraph 5.2.G of Section V addressing provisions for acceptance of run-off
from Davis Boulevard.
5.6 Affordable Housing Requirement:
The developer shall make a payment of fifty cents ($.50) per gross leasable square foot to
the Collier County Affordable Housing Fund at the time of SDP approval. This
commitment and the subsequent payments shall be credited against any subsequently
adopted affordable, work force, and lor other gap housing or housing needs impact fee,
mitigation, exaction, fee, contribution, linkage fee, and/or other similar tax or charge,
which would otherwise be applicable to the CPUD property. Gross leasable square
footage attributable to the project for which COs or certificates of public facility adequacy
have been issued prior to the date of adoption of this Ordinance shall not be subject to
this requirement.
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5.7 Land Use and Project Phasing:
A. The CPUD Master Plan provides for areas of commercial use and, water
management areas, and retained vegetation areas and road rights-of-way as
depicted on Exhibit "A", the CPUD Master Plan. The CPUD Master Plan is
designed to be flexible with regard to the placement of buildings, tracts and
related utilities and water management facilities. More specific commitments will
be made at the time of site development plan and permitting approval, based on
compliance with all applicable requirements of this Ordinance, the LDC and local,
state and federal permitting requirements. All tracts may be combined or
developed separately subject to compliance with the applicable dimensional
requirements contained within this document.
B. The anticipated time of build-out of the project is approximately six (6) years
from the time of issuance of the first building permit, or 2012. Actual build-out
will depend on market conditions.
5-4
C:\Doeuments and Settings\deruntzmiehael\Loeal Settings\Temporary Internet Files\OLK7E\PUD FINAL APPROVED BY MS SH 070212.doc
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EXHIBIT "B"
LEGAL DESCRIPTION
A parcel of land located in the East 1/2 of Section 34, Township 49 South, Range 26
East, Collier County, Florida, being more particularly described as follows: Commence at
the Southeast comer of Section 34, Township 49 South, Range 26 East, Collier County,
Florida; thence run North 00032'14" West along the East line of the Southeast quarter of
the said Section 34 for a distance of50.00 feet; thence run North 89046'14" West, parallel
with the South line of the Southeast quarter of the said Section 34 and along the Northerly
right-of-way line of State Road 84 (previously known as State Road 858) for a distance of
455.36 feet to the POINT OF BEGINNING of the parcel ofland herein described; thence
continue North 89046'14" West along the Northerly right-of-way line of State Road 84 for
a distance of 863.63 feet; thence run North 00026'16" West for a distance of 2,071.97 feet
to a point of intersection with the Southerly right-of-way line of State Road No. 93
(Interstate 75) as the same is shown on State of Florida Department of Transportation
right-of-way map for Florida State Road No. 93 (I-75) Section 03175-2409, Sheet 6;
thence run South 63027'12" East along said right-of-way line for a distance of 146.86 feet;
thence run South 52020'28" East along said right- of-way line for a distance of 536.53
feet; thence run South 45013'56" East along said right-of-way line for a distance of 645.39
feet; thence run South 23017'10" East along said right-of- way line for a distance of
332.81 feet; thence run South 02046'25" East along said right-of-way line for a distance of
630.50 feet; thence run South 11015'19" East (South 11012'43" East per F.D.O.T. Map)
along said right-of-way line for a distance of 69.56 feet to a point located 275.00 feet
North of, as measured at right angles to, the South line of the Southeast quarter of the said
Section 34, and a point on the North line of that parcel of land described in O.R. Book
699 at Page 1723 of the Public Records of Collier County, Florida; thence run North
89046'14" West, parallel with the South line of the Southeast quarter of the said Section
34 for a distance of 157.32 FEET TO A POINT LOCATED 300.00 feet Westerly of, as
measured at right angles to, the East LINE OF THE SOUTHEAST quarter of the said
Section 34, and a point on the Easterly line of that parcel ofland described in O.R. Book
588 at Page 1805 of the Public Records of Collier County, Florida; thence run North
00032'14" West, parallel with the East line of the Southeast quarter of the said Section 34
for a distance of 124.87 feet to a point on a circular curve concave to the Southeast whose
radius point bears South 12000'29" East therefrom; thence run Southwesterly along the
arc of said curve to the left, having a radius of 224.66 feet, through a central angle of
78031'45", subtended by a chord of284.38 feet at a bearing of South 38043'39" West, for
a distance of 307.92 feet to the end of said curve; thence run South 00032'14" East,
parallel with the East line of the Southeast quarter of the said Section 34 for a distance of
102.63 feet to the beginning of a tangential circular curve, concave to the Northeast;
thence run Southeasterly along the arc of said curve to the left, having a radius of 25.00
feet, through a central angle of 89014'00", subtended by chord of 35.12 feet at a bearing
of South 45009'14" East, for a distance of 38.94 feet to the POINT OF BEGINNING.
Containing 40.79 acres, more or less.
C:\Doeuments and Settings\deruntzmiehael\Local Settings\ Temporary Internet Files\OLK7E\PUD FINAL APPROVED BY MS SH 070212.doe
EXHIBIT "C"
LIST OF REQUESTED DEVIATIONS FROM LDC
1. A deviation is granted from the requirements of Section 4.06.02D. Standards, for
retention and detention areas in buffer yards, referenced in Subsection of
4.06.02(D)5.a. of the LDC which states "The shape ofa manmade body of water,
including retention and detention areas, must be designed to appear natural with
curvilinear edges", the referenced Standard is the re-vegetated areas to be
provided in the preserve areas of shrubs and grasses to be planted along the
perimeter of the water management pre-treatment areas.
2. A deviation is granted from Subsection 4.06.05 H of the LDC that requires the toe
of the slope to be set back a minimum of five feet from the edge of the right-of-
way or property line, to allow the toe of the existing berm that was constructed in
1990 as part of the previously approved South Florida Water Management District
permit to be located on the property line.
3. A deviation is granted from the requirements of Subsection 4.02.23D1.a. of the
LDC, Development in the Activity Center #9 Zoning District that requires a buffer
25 feet in width, (a Type "D" buffer) is only applicable to vacant lots west of the
Taco Bell site. The existing ten-foot buffer in front of Taco Bell and McDonald's
site shall remain 10 feet in width as originally approved and developed.
C:\Doeuments and Settings\deruntzmiehael\Loeal Settings\Temporary Internet Files\OLK7E\PUD FINAL APPROVED BY MS SH 070212.doe
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2007-26
Which was adopted by the Board of County Commissioners on
the 13th day of February 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th day
of February 2007.
DWIGHT E. BROC;K.:7"
Clerk of Couits:"a.hdf~,lerk
Ex - of f i c i 0 ,t: o",.aqar<dC1~i
'," '.," ~~', eo",,!
County CPlll.mi~.)One.,:;s'~J>
U' , I n.. ~~'.;>lJ' I).:;,.:.,,~./../IJJ{C
~k___ ~tfl-;Wtl .
By: Teresa Dll.ii;ird, ~,,(,;-
Deputy Cl'erk.