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Ordinance 2007-30 ORDINANCE NO. 07- 30 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 COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD" FOR A PROJECT KNOWN AS HAMMOCK PARK COMMERCE CENTRE PUD, FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF CR 951 AND RATTLESNAKE HAMMOCK ROAD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.23 ACRES; PROVIDING FOR THE ENTIRE REPEAL OF ORDINANCE NUMBER 00-79, AS AMENDED, THE FORMER HAMMOCK PARK COMMERCE CENTRE PUD; AND BY PROVIDING AN EFFECTIVE DATE. );!c' I'...:) c;::) r- r'1 c::;) r- "'tl ..... ~J> ::J: 11 .; :::r )> ::z: .. :l>::7 ::0 - (/)~ , r g:: 2: ex> ,.,,-: -0 m c' -.,..." ::x 0 ~(/) - ~~ .. 0-1 N l>'" N WHEREAS, Robert Mulhere of RWA, Inc. and R. Bruce Anderson, Esq., of Roetzel & Andress representing the Sempler Family Partnership Number 42, LTD, c/o Joseph A Filippelli, 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 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development "PUD" to Commercial Planned Unit Development "CPUD" in accordance with the CPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 00-79, as amended, known as the Hammock Park Commerce Centre PUD, adopted on November 28, 2000, by the Board of County Commissioners of Collier County, is hereby entirely repealed. Page 1 of2 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this 9. 7 day of FeiJ,2 11/::.. p.._y , 2007. ATT~T:' .. .p'WiGH'f)-E.J~ROCK, CLERK ~, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~~ JAM - S COLETT A-:cHAIRMAN Atte.atf;~ltJO'o.. t SI.OI,tltwrt 011, Approved as to form and legal sufficiency ~~'.,m.~ Marjori M. Student-S irling Assistant County Attorney ~~ PUDA-2006-AR-I0030/Mlisp This ordinance filed with tfle Secretory of State's Office the $..'2 day of lV'a:rdl\ , 2..ocl and acknowledgement of that filin received this ~ day of .,. Page 2 of2 PLANNED UNIT DEVELOPMENT DOCUMENT FOR Hammock Park Commerce Centre CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT Prepared by: D'XTA'NC CONSULTING .A. "'" , ..... ...... . Planning. Visualization . Civil Engineerin'g . Surveying & Mapping And ~D ~ r-~ r-~ .:b.~ -... .:c-'-; i! -,., ~:i :.:0 C/) rTi , -- ",=.:: CO r- "'-1 . 0 ~ m ""71....,., r- oC/) - 0 2:!;;! .. 0..., 1'\.) ;r:.. I'll 1'\.) 6610 WILLOW PARK DRIVE, SUITE 200 NAPLES, FLORIDA 34109 ROETZEL AND ANDRESS 850 PARK SHORE DRIVE TRIANON CENTRE-THIRD FLOOR NAPLES, FLORIDA 34103 Date Approved by BCC: November 28, 2000 Ordinance Number: 2000-79 Date Amendment Approved by BCC: 2/27/2 OC Amendment Ordinance Number: 2007 - 30 Exhibit A C:\Documents and Settings\sandraherrera\Local SettingslTemporary Internet Fi]eslOLKl C91Hammock Park CPUD 03-06-07 (clean).doc T ABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE SECTION I Property Ownership & Description SECTION II Project Development 2 SECTION III Community Commercial District 4 SECTION IV Preserve Area 11 SECTION V General Development Commitments 12 LIST OF EXHIBITS EXHIBIT "A" PUD Master Plan C:IDocuments and Settings\sandraherreralLocal Settings\Temporary Internet FileslOLKIC91Hammock Park CPUD 03-06-07 (c1ean).doc STATEMENT OF COMPLIANCE The development of approximately 20.23 +/- acres of property in Section 14, Township 50 South, Range 26 East, Collier County, as a Commercial Planned Unit Development to be known as Hammock Park Commerce Centre CPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The retail commercial and office facilities of the Hammock Park Commerce Centre CPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is located within the northeast quadrant of the CR 9511Rattlesnake Hammock Road Mixed Use Activity Center Land Use Designation as identified on the Future Land Use Map. The permitted uses are described in the Activity Center Sub-district of the Urban - Commercial District in the Future Land Use Element (FLUE). This category described in the FLUE permits a full mix of residential and non-residential land uses in this area. This strategic location allows the site superior access for the location of retail commercial and office land uses. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the FLUE. 3. The project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. The project shall be in compliance with all applicable County regulations including the GMP. 5. All final development orders for this project are subject to the Adequate Public Facilities requirements of the Collier County Land Development Code (LDC), as amended, as set forth in Policy 3.1 of the FLUE. 6. The project has access from both CR 951 and Rattlesnake Hammock Road. Further, the access points will be consistent with the adopted Access Management Plan for Mixed Use Activity Center #7, which encourages shared access points along CR 951, and is further described in Policy 4.4 of the FLUE. 7. Where possible, Hammock Park Commerce Centre will incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 ofthe Drainage Sub-Element of the Public Facilities Element. 8. The project will be served by a complete range of services and utilities as approved by the County. 9. No residential uses are being requested for this CPUD. Hammock Park Commerce Centre CPUD Page 1 of 16 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of Hammock Park Commerce Centre CPUD. 1.2 LEGAL DESCRIPTION A parcel of land located in the southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: O.R. 1573, Page 355 The North one-half (N1/2) of the South one-half (S 1/2) of the Southwest one-quarter (SW1/4) of the Southwest one-quarter (SWII4) less the West 100 feet of roadway for County Road 951; Section 14, Township 50 South, Range 26 East, Collier County, Florida and the West 80 foot parcel of the South one-half (S 1/2) of the Southeast one- quarter (SE1/4) of the Southwest one-quarter (SWl/4); Section 14, Township 50 South, Range 26 East, Collier County, Florida. O.R.1708,PageI667 The South 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the west 100 feet thereof for road right-of-way. Containing 20.23 acres, more or less. Subject to easements, reservations or restrictions of record. 1.3 PROPERTY OWNERSHIP The subject property is currently owned by Sembler Family Partnership #42, Ltd. Hammock Park Commerce Centre CPUD Page 2 of 16 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast quadrant of the intersection of Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida. The subject property is located within a Mixed Use Activity Center as designated on the Future Land Use Map (FLUM). B. The property is currently vacant. The entire site has Hammock Park Commerce Centre PUD Zoning. 1.5 PROJECT DESCRIPTION The Hammock Park Commerce Centre CPUD will include a mixture of land uses for retail commercial and office land uses. The Hammock Park Commerce Centre CPUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Concept Plan is illustrated graphically on Exhibit "A", CPUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the Master Plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Hammock Park Commerce Centre Commercial Planned Unit Development Ordinance" Hammock Park Commerce Centre CPUD Page 3 of 16 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Hammock Park Commerce Centre CPUD shall be in accordance with the contents of this Document, CPUD - Commercial Planned Unit Development District, applicable sections and parts of the LDC and GMP in effect at the time of final local development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Hammock Park Commerce Centre CPUD shall become part of the regulations that govern the manner in which the CPUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this CPUD remain in full force and effect. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", CPUD Master Plan. B. Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of the LDC, as amended, or as otherwise permitted by this CPUD Document. C. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private and semi-public) shall be established and/or vacated within or along the properly, as may be necessary. Hammock Park Commerce Centre CPUD Page 4 of 16 2.4 LAND USE A. Exhibit "A", CPUD Master Plan, constitutes the required CPUD Development Plan. Except as otherwise provided within this CPUD Document, any division of the property and the development of the land shall be in compliance with the subdivision regulations and the platting laws of the State of Florida. B. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to the LDC, as amended, 15% of the native vegetation on site shall be retained. The exact boundaries of the preserve may vary in order to accommodate final alignment of Rattlesnake Hammock Extension but a minimum of 1.63 acres of native preserve shall be provided for in accordance with the LDC. 2.6 SIGNS Signs shall be in accordance with the LDC, as amended. Hammock Park Commerce Centre CPUD Page 5 of 16 SECTION III COMMUNITY COMMERCIAL DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Hammock Park Commerce Centre CPUD designated on Exhibit "A", CPUD Master Plan as C, "Commercial". 3.2 GENERAL DESCRIPTION A. There is one area designated as C, "Commercial" on the Master Plan. This "Commercial" area is intended to accommodate different ranges of retail and office uses, essential services, and customary accessory uses. B. The approximate acreage of the "Commercial" parcel is as follows: Parcel: Tract 1 Right-of-way outside of development area Total Acreage: 19.05:l: I . 18:l: 20.23:l: Use: Retail and Office Right-of-way Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with the LDC, as amended. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. C. Within the Hammock Park Commerce Centre CPUD, up to a maximum of one hundred sixty thousand (160,000) square feet of retail and office uses are allowed. Land uses for the development may be permitted as generally outlined below. 3.3 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Amusement and recreation services, Indoor only (Groups 7911-7941, 7991, 7993, 7997, 7999) Hammock Park Commerce Centre CPUD Page 6 of 16 2. Apparel and accessory stores (Groups 5611, 5621, 5631, 5641, 5651, 5661, 5699) 3. Automotive repair, services and parking (Groups 7514, 7542) All uses are prohibited within 500 feet from the easterly right-of-way line of c.R. 951. 4. Auto and home supply stores (Group 5531) 5. Building construction - general contractors (groups 1521 -1542). 6. Building materials, hardware, garden supply (Groups 5231, 5251, 5261) 7. Business services (Groups 7311, 7323, 7334, 7335, 7336, 7338, 7352, 7359, 7371-7379, 7384, 7389) 8. Communications (Groups 4832, 4833) 9. Construction - special trade contractors (Groups 1711-1793, 1796, 1799) 10. Depository institutions (Groups 6011-6099) 11. Eating and drinking places (Groups 5812, 5813 except contract feeding, food service and industrial feeding) 12. Engineering, accounting and management (Groups 8711-8721, 8741, 8742, 8748) 13. Food stores (Groups 5411, 5421, 5441, 5451, 5461,5499) 14. Funeral service and crematories (Group 7261) 15. Gasoline service stations (5541 subject to the provisions ofthe LDC) 16. General merchandise stores (Groups 5311, 5331, 5399) 17. Hardware stores (5251) 18. Health services (Groups 8011-8059) 19. Home furniture, furnishings, and equipment stores (Groups 5712, 5713, 5714, 5719,5722,5731,5734,5735,5736) 20. Hospitals (Group 8062) 21. Hotels and motels (Group 7011) Hammock Park Commerce Centre CPUD Page 7 of 16 22. Insurance agents, brokers and service (Group 6411) 23. Membership organizations (Groups 8641, 8661) 24. Miscellaneous repair services (Groups 7622, 7623, 7629, 7631, 7641) (Group 7699 with approval of County Manager, or his designee, who shall be guided by the objective of allowing uses that are compatible with existing development.) All uses are prohibited within 500 feet of the easterly right-of- way line ofC.R. 951. 25. Miscellaneous retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 5993, 5999) 26. Motion pictures (Groups 7832-7833) 27. Museum, art galleries (Group 8412) 28. Non-depository credit institutions (Groups 6141, 6159, 6162, 6163) 29. Offices (All Groups) 30. Personal services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241, 7251, 7291) 31. Restaurants (All Groups) 32. Real estate (Groups 6531, 6541, 6552) 33. Social services (Group 8351) 34. United States Postal Service (Group 4311) 35. Veterinarian's office (Group 0742, except no outside kenneling) 36. Any other use which is comparable in nature with the foregoing uses may be permitted subject to the procedures set forth in the LDC, as amended. 3.4 ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses may be permitted subject to the procedures set forth in the LDC, as amended. 3.5 DEVELOPMENT STANDARDS Hammock Park Commerce Centre CPUD Page 8 of 16 A. Minimum lot area: Ten thousand (10,000) square feet. B. Minimum lot width: One hundred (100) feet. C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Zero for common or abutting walls, otherwise one-half the height of the building, but not less than ten (10) feet. 3. Rear yard: Twenty (20) feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights, whichever is greater. E. Minimum floor area of principal structure: Seven hundred (700) square feet per building on the ground floor. F. Landscaping and off-street parking shall be In accordance with the LDC, as amended. G. Maximum height: Fifty (50) feet. H. General application for setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-of-way, the setback IS measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 1. All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and similar use of materials and colors on all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual landscape plan for the entire site shall be submitted concurrent with the first application for site development plan approval. Hammock Park Commerce Centre CPUD Page 9 of]6 J. Outside storage or display of merchandise is prohibited unless it is ancillary to a permitted use, and screened from view from adjacent public roadways. Outside storage may be approved by the County Manager, or his designee, as part of the approval of an SDP. K. The FP&L easement may be used for ancillary uses such as parking, storage, service drives, and water management, provided written authorization for those uses is obtained from FP&L and submitted with the application for SDP. Hammock Park Commerce Centre CPUD Page 10 of 16 SECTION IV PRESERVE AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Preserve Area on Exhibit "A", CPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Permitted Principal Uses: 1) Nature preserves. B. Accessory Uses: 1) Water management structures. 2) Mitigation areas. 3) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by the appropriate permitting agencies. Hammock Park Commerce Centre CPUD Page 11 of 16 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the standards for development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with the Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulations applicable to this CPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC, as amended, shall apply to this project even if the land within the CPUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor and assigns, shall follow the Master Plan and the regulations of the CPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assigns of the developer are bound by the commitments within this agreement. 5.3 PUD MASTER PLAN A. Exhibit "A", CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of the LDC, amendments may be made from time to time. B. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all sewer utilities and all common areas in the project. 5.4 WATER MANAGEMENT A. Excavation permits shall be required for the proposed lakes in accordance with the LDC, as amended. Excavated material from the property is intended to be used within the project site. Hanunock Park Conunerce Centre CPUD Page 12 of 16 B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services staff for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. D. The proposed stormwater management system for the project will outfall to the existing drainage canal running along the site's western boundary line. 5.5 TRANSPORTATION A. The developer shall provide a fair share payment toward the capital improvements at the intersection of CR 951 and Rattlesnake Hammock Road. This shall occur within 90 days of request for said payment by Collier County. B. The developer shall provide any required arterial level street lighting at the project entrances prior to the issuance of a certificate of occupancy (CO). C. The project entry from CR 951 shall be located at the northwest corner of the property and designed to provide shared access with the parcel to the north. All necessary dedications and easements shall be provided with the application for first development order. D. Following zoning approval, interconnections as shown on the Master Plan shall be designed and accommodated on the appropriate development order phase that may occur, or as directed by the Transportation Division. E. 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 within 60 days of when requested by Collier County. F. 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 CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. Hammock Park Commerce Centre CPUD Page 13 of 16 G. 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 shall 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. All external access points, including both driveways, proposed streets, pedestrian and vehicular interconnections 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 or property line. All such access issues shall be approved or denied during the review of any applications for development orders. The number of access points may be less than the number depicted on the Master Plan; however, no additional external access points shall be considered unless a PUD amendment or PUD insubstantial change is approved. H. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO or within 60 days of when requested by the County. I. Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall be required. The amount shall be determined utilizing the FDOT 2004 Transportation Costs, as amended. Payment shall be required within 60 days of written request of Collier County, or prior to site development plan or plat approval, whichever is first. J. At the request of Collier County, the developer shall install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter. The exact location shall be determined during site development plan review. K. The developer shall convey right-of-way along the project's south property line for the future extension of Rattlesnake Hammock Road. The required right-of-way shall be determined by Collier County. The dedications shall be provided no later than the earlier of (1) first issuance of the first certificate of occupancy with respect to this Development, or (2) within 365 days of a written request from Collier County. The developer shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications, excluding those applicable to subsurface mineral rights and/or natural gas deposits, existing FP&L and County easements, and any other existing easements for utilities and drainage. The County agrees to condemn the easements described in Items 7 and lion Exhibit A, CPUD Master Plan, if necessary, to obtain termination of such easements. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with Florida law. Harrunock Park Corrunerce Centre CPUD Page 14 of 16 L. The developer shall construct, at its sole expense, the canal crossing suitable for expansion and consistent with a four-lane design for the north half of the Rattlesnake Hammock future extension approach to CR 951. The canal crossing shall include all appropriate turn lanes. M. Should the developer permit a driveway on the Rattlesnake Hammock Road extension less than 600 feet from the intersection of Collier Boulevard, the County, at its sole discretion, may reduce the access point to a "right in" only if the County determines that the access point has an impact on health, safety, and welfare or traffic circulation. This reduction, if required, shall be at the developer's expense with no claim for damages to the County. 5.6 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with applicable Collier County Ordinance and other applicable County rules and regulations. 5.7 ENGINEERING A. Except as otherwise provided within this CPUD Document, this project shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval. B. The subdivision of property into three (3) or more parcels, shall conform with applicable laws pertaining to platting. 5.8 BUFFERS The Hammock Park Commerce Centre CPUD shall provide perimeter buffering consistent with the following table: Direction North: South: East: West: Adjacent Use Vacant Agriculturally zoned land Rattlesnake Hammock/Sports Park Rd. Vacant Agriculturally Zoned Land CR 951 and canal Buffer Type "A" "D" "A" "D" 5.9 ENVIRONMENTAL A. The developer shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those Hammock Park Commerce Centre CPUD Page 15 of 16 ~.."...... . ,......,".".,~... '0 protected species shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. C. The project shall comply with the environmental sections of the LDC and the Growth Management Plan in effect at the time of final development order approval. D. An Environmental Impact Statement (ElS) addressing existing conditions and anticipated environmental impact(s) has been submitted as part of this CPUD Document. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council shall be removed from within the preserve areas and subsequent annual removal of these plants, in perpetuity, shall be the responsibility of the property owner. F. A Preserve Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. Hammock Park Commerce Centre CPUD Page 16 of 16 I II I; · U II II II I ~i III Illjl ~ ;. III I I I i, i, i II i/~ t.~l!li! Ii ~ ~ r~ l!/i ~ liih; ! I I i Ii I : Ii 1;11-1 ~ ~ ~ III iJI !~I flU ~ ~ 1,1:11 ~ II ! I~ijlli II i ! Iii ~ I!I I ~l ~l; I~ I:lh~l hi! '! If " ..; ~ =1 IIII~:'I: i I 15 i I q i I ~ Iii! i ~ ~ ~ ll!ll!~ !~i !1!i!I~! ~f mj GIIII i.Ii~~lll~ ~ Hllul i ! i! i !bi~, i~ .Ii I; ifi~r~li~lli~!I!~lli!~1 m 1~1~1~I~i II; ii ili!! i ,I ~ hll ~I --', .., .... b ~~Ii i ~ 5:~1 ~ I · ~~~a !I ~ · I Saiil; !I ; ; Ili~~1 ! i ~ 'III~ I I~is,il;d : 5hS ~~s ~b' Ja bg~~ un ..: " 1'1 oi lit III 18 k I, I'" \. I ... I " \ " I .ci .c r t.! f I t\ n.~ I I ..... .~... J :a IJ \ .... ..; I I I I 1-> i IHH~ Ii . I, :;'i~ 11 ; :>;~:i Ii · I NIl' f';j ~s I ~I~ ~ Ibm'- h~;U 'r "1-, 'l\:l --', .., ! :~ I: I~ ~ h~~ I~",<il m~ .-n ~u~ ii q: ..... ..... ~ :! d' lJJ !~ ",; '1 ~0'4 ii~~ '~ c.t :j I n I !g I ; S :tJ .,.. !~ ;" is I · ~\:l,': II .,~ u . E . ~ . ~ ~ i ;E :~ :d '8 lD ~ ~ <II ~ :3 F ~ 0 (J '" ~ 0 9 g ~ l- i ::l! u "I I ;:; 0 !f 0:: .., g iii 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 2007-30 Which was adopted by the Board of County Commissioners on the 27th 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 7th day of March, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Boardi6( County Commission~;rs ?h~V~ By: Martha VergaxaJ ~,~' Deputy Cler~' ,'.