Ordinance 2007-40
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~ IJ: /) ~ ORDINANCE NO. 07-~
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~ ,,~W; AN ORDINANCE OF THE BOARD OF COUNTY
~d?- \\.\J\.\ ~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
<c:~ -r:L.~ AMENDING ORDINANCE NUMBER 04-41, AS
~17'Ztt 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 PUD
TO MPUD FOR THE GREY OAKS MPUD FOR
PROPERTY LOCATED AT THE NORTHEAST,
NORTHWEST AND SOUTHEAST QUADRANTS OF
THE INTERSECTION OF AIRPORT ROAD (STATE
ROAD 31) AND GOLDEN GATE PARKWAY
(COUNTY ROAD 886), IN SECTIONS 24, 25, AND 26
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 1,601"= ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 00-46, THE FORMER GREY OAKS PUD;
AND BY PROVIDING AN EFFECTIVE DATE.
"
, ,
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WHEREAS, Bruce Tyson, AICP, RLA, of WilsonMiller, Inc., representing Naples
Grande Holdings LLC, 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 real property described in the MPUD Document located
in Sections, 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida, is
changed from Planned Unit Development (PUD) to Mixed Use Planned Unit Development
(MPUD) in accordance with the MPUD 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,
Grey Oaks, PUDA-2006-AR-IOI57
Page I 0[2
SECTION TWO:
Ordinance Number 00-46, known as the Grey Oaks PUD, adopted on June 27, 2000, 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the Board of County Commissioners of Collier County, is hereby repealed in its entirety.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 Department of State.
PASSED AND DULY ADOPTED by supermajority vote of the Board of County
Commissioners of Collier County, Florida, this ~ day of -1j pr; I ,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
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Approved as to form and
legal sufficiency: ,-.-
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ByJ.NEIi
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~ on. fJ:t:u.,J, ht. -~(j
Marjo' M. Student-Stirling
Assistant County Attorney
PUDA-2006-AR-l OI57/KD/sp
Grey Oaks, PUDA-2006-AR-10157
This ordinance filed with the
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Page 2 of2
(Revised 4/11/07)
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
GREY OAKS
PREPARED BY:
WILSONMILLER, INC.
3200 BAILEY LANE, SUITE 200
NAPLES, FLORIDA 34105
" Exhibit A"
1
DATE FILED
DATE APPROVED BY BCC 4-.l4-2007
ORDINANCE NUMBER 90-48
AMENDED BY ORDINANCE 97-45
AMENDED BY ORDINANCE 98-94
AMENDED BY ORDINANCE
AMENDED BY ORDINANCE
INDEX
PAGE
List of Maps, Exhibits, and Tables Iii
Statement of Compliance and Short Title iv
SECTION I Property Ownership and Legal Description 6
SECTION II Project Development 8
SECTION III Residential 18
SECTION IV Golf Course/Recreation/Park/Right-of-Way 23
SECTION V Conservation/Open Space 26
SECTION VI Commercial 28
SECTION VII General Development Commitments 33
(Revised 4/11/07)
2
LIST OF MAPS AND TABLES
MAPS
H - 1 PUD Master Plan
E - 1 Native Vegetation within Grey Oaks
E - 2 Native Vegetation - North Area of Northeast Quadrant
E - 3 Native Vegetation - Northwest Quadrant
E - 4 Native Vegetation - Southeast Quadrant and Southern Area of Northeast
Quadrant
TABLES
TABLE I
Land Use Summary
TABLE II
Project Absorption Schedule Estimate
TABLE III
Development Standards
(Revised 4/11/07)
3
STATEMENT OF COMPLIANCE
It is the intent of the Halstatt Partnership, A Florida General Partnership to create a Mixed Use
Planned Unit Development (MPUD) to be known as Grey Oaks Planned Unit Development, on
1,601.39 acres of land located in Section 24, and 25, Township 49 South, Range 25 East,
Collier County, Florida, and Section 26, Township 49 South, Range 25 East, City of Naples,
Florida.
The residential, recreational and commercial facilities of THE GREY OAKS DRIIPUD are
consistent with the growth policies, land development regulations, and applicable
comprehensive planning objectives of the City of Naples and Collier County for the following
reasons:
1) The subject property is located within the City and County Urban service areas
and there are adequate available community facilities and services to support the
proposed residential density and commercial intensity.
2) The City of Naples made a determination that the part of Grey Oaks in the City is
consistent with the goals, objectives and policies of the Comprehensive Plan and
land development regulations adopted by the City.
3) With regard to that part of Grey Oaks within the County:
a) The project development is compatible and complementary to the
surrounding land uses and future uses allowed by the Future Land Use
Element.
b) Improvements are planned to be in compliance with applicable land
development regulations as set forth in Objective 3 of the Future Land Use
Element.
c) The project development will result in an efficient and economical extension
of community facilities and services as required by Policies 3.1.H and 3.1.J.
of the Future Land Use Element.
d) The project development is planned to incorporate natural systems for water
management in accordance with their natural functions and capabilities as
required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities
Element.
e) The projected density of less than two (2) dwelling units per acre is less than
that allowed under the Future Land Use Element since the project includes
three (3) quadrants of an Activity Center and a density band. This project
(Revised 4/11/07)
4
consists of 1,601.39 acres of land, with 1,775 dwelling units, which equals a
density of 1.11 dwelling units per acre.
f) The subject project occupies the northwest, southeast and northeast
quadrants of the Activity Center located at the intersection of Airport and
Golden Gate Parkway. This strategic location allows the site superior access
for the placement of commercial activities.
g) The project includes extensive open spaces in the form of golf courses and
incorporates natural features to provide a high quality of life for its residents.
SHORT TITLE
This ordinance shall be known and cited as the "GREY OAKS Mixed Use Planned Unit
Development Ordinance".
(Revised 4/11/07)
5
SECTION I
PROPERTY OWNERSHIP & LEGAL DESCRIPTION
1.01 PROPERTY OWNERSHIP
The Northeast quadrant is currently owned by:
a) Grey Oaks Country Club, Inc. 2600 Golden Gate Parkway, Naples, FL, 34105.
b) LDG South LLC, 5692 Strand Court, Naples, FL, 34110.
c) Individual Landowners.
The Southeast quadrant is currently owned by:
a) Panthers Grey Oaks, Inc., c/o Naples Grande Golf Club, 475 Seagate Drive,
Naples, FL, 34103.
b) Naples Grande Holdings LLC, 404 Citation Pt., Naples, FL, 34104.
c) Sea Investments LLC, 10350 Bren Road W., Minnetonka, MN, 55343.
The Northwest quadrant is currently owned by:
a) Halstatt Partnership, 2600 Golden Gate Parkway, Naples, FL, 34105.
b) Estuary at Grey Oaks L TD, 4200 Gulf Shore Blvd. N., Naples, FL, 34103.
c) Grey Oaks County Club, Inc., 2600 Golden Gate Parkway, Naples, FL, 34105.
d) Individual Landowners.
1.02 LEGAL DESCRIPTION
All that part of Section 24, Township 49 South, Range 25 East, Collier County, Florida,
lying easterly of that 100 foot canal right-of-way as described in OR. Book 154, page 6,
Public Records of Collier County, Florida;
ALSO
All that part of Section 25, Township 49 South, Range 25 East, Collier County, Florida,
lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, page 6,
O.R. Book 873, page 1879 and O.R. Book 873, page 1882, all of the Public Records of
Collier County, Florida;
LESS Golden Gate Parkway (C-886) as described in O.R. Book 465, page 275, and O.
R. Book 465, page 278, Public Records of Collier County, Florida;
ALSO LESS those lands described in O.R. Book 194, page 603 and O.R. Book 640,
page 229, Public Records of Collier County, Florida,
(Revised 4/11/07)
6
ALSO
All that part of Section 26, Township 49 South, Range 25 East, Collier County, Florida,
lying westerly of Airport-Pulling Road (C-31) and northerly of Golden Gate Parkway (C-
886) located within the City of Naples;
LESS that portion thereof as described in O.R. Book 539, page 370, Public Records of
Collier County, Florida;
above property subject to easements and restrictions of record; containing 1,601.39 net
acres more or less.
(Revised 4/11/07)
7
SECTION II
PROJECT DEVELOPMENT
2.01 PURPOSE
The purpose of this Section is to generally describe the plan of the development and
delineate the general conditions that will apply to the project.
2.02 INTRODUCTION
Grey Oaks is a 1,601.39 acre mixed use residential development and golf course
community with a "town center", and other retail and office development located in
Collier County. The property is generally located in the northwest, northeast, and
southeast quadrants of the intersection of Airport Road and Golden Gate Parkway. The
property is bounded on the east by Livingston Road; on the south by the Golden Gate
Canal; on the west by the Gordon River Watershed; and on the north by the Coach
House Land Residential Properties in the west quadrant, and the World Tennis Center in
the northeast quadrant. The northwest quadrant of the property is in the incorporated
City of Naples and constitutes approximately 354 of the 1,601.39 acres. The remainder
of the property is located in the unincorporated area of Collier County.
The project is of a size to be a Development of Regional Impact (DRI) and an
Application for Development Approval (ADA) has been filed pursuant to Chapter 380.06,
Florida Statutes (1988). Because the City and County recognize that the project has
been planned and will be developed as a unified integrated community, the City and
County have agreed that a single local government (Collier County) should have the
responsibility for reviewing the planned development and issuing a Development Order
pursuant to Section 380.06, Florida Statutes and for adopting the zoning (MPUD
Ordinance) for the entire project, including that portion that lies with the City of Naples.
In furtherance of the goal of having one entity review the proposed project and adopt a
zoning ordinance (MPUD) and Development Order for the project, the developer and the
City of Naples have entered into a DEVELOPMENT AGREEMENT and the City of
Naples and Collier County have entered into an "INTERLOCAL GOVERNMENT
AGREEMENT" with regard to the project.
The DEVELOPMENT AGREEMENT sets forth the maximum intensities of land uses for
the property within the City and provides that the City agrees to accept and adopt (if
appropriate) any Development Order and MPUD zoning issued by the County that does
not exceed the intensities of land uses set forth in said DEVELOPMENT AGREEMENT.
This DEVELOPMENT AGREEMENT allows the County to review the proposed project
as a single integrated planned community and approve a single set of development
standards for the entire project by adopting a single PUD Ordinance and Development
Order for the project.
(Revised 4/11/07)
8
The INTERLOCAL GOVERNMENT AGREEMENT between the City of Naples and the
County of Collier incorporates said DEVELOPMENT AGREEMENT and further provides
that the City and County agree that the County shall conduct the rezoning and DRI
review for the entire 1,601.39 acre project, including that portion of the project within the
jurisdiction of the City of Naples.
A copy of the INTERLOCAL GOVERNMENT AGREEMENT and the DEVELOPMENT
AGREEMENT are made a part of this MPUD by reference thereto.
The County, City and the Developer have all agreed that the 354 acres within the
jurisdiction of the City is an integral part of the overall Grey Oaks DRI Community and it
is therefore, essential to the viability of the planned community that the MPUD and DRI
plan approved by Collier County be in effect and remain in effect for the entirety of the
project and not just the portion of the project lying within the jurisdiction of the County of
Collier.
2.03 LAND USES
Table I is a schedule of the intended land uses types, with total dwelling units, acreage,
and total square feet commercial indicated. The arrangement of these land use types is
shown on Map H-1, Planned Unit Development Master Plan. Changes and variations in
design and acreages shall be permitted during each subdivision phase at final design to
accommodate topography, vegetation, and other site conditions.
The final size of the recreation and open space lands will depend on the actual
requirements for conservation areas, water management, golf course layout, roadway
pattern, and dwelling unit size and configuration.
At the time of Subdivision review and approval for each subdivision phase, the location,
size and configuration of land use tracts shall be identified, along with the assignment of
permitted residential or commercial land use types. The assignment of maximum
allowed residential density and/or commercial gross leasable floor area shall also occur
at the time of subdivision review and approval. If the maximum allowed residential
density or commercial gross leasable area is not fully used within that subdivision phase
of the project the unused remainder may be assigned to another phase(s) of the project.
Final determination of the total multi-family residential or commercial use shall be
determined at time of site development plan approval.
For each succeeding subdivision and/or site development plan, a table shall be included
which summarizes the total dwelling units and commercial floor area that has been
previously assigned and total assigned for the pending approval, in order to facilitate the
County's monitoring of the project.
(Revised 4/11/07)
9
2.04 PROJECT DENSITY
The total acreage of Grey Oaks Mixed Use Planned Unit Development is approximately
1,601.39 acres. The maximum number of dwelling units to be built on the total acreage
is 1,775. The number of dwelling units per gross acre is approximately 1.11. The density
on individual parcels of land throughout the project will vary according to the type of
housing placed on each parcel of land but shall comply with guidelines established in
this document.
2.05 PERMITTED VARIATIONS OF DWELLING UNITS
All properties designated for residential uses may be developed at the maximum number
of dwelling units allocated, provided that the total number of dwelling units shall not
exceed 1,775. Table I identifies the maximum units by project quadrant.
2.06 DEVELOPMENT SEQUENCE AND SCHEDULE
The developer will commence the project within the northeast quadrant. Within each
quadrant, the amount and location of each subsequent development area will be
dictated by logical and economical development constraints and by market demand.
Table II indicates, by project year, the estimated absorption of units, and commercial
square footage. The absorption schedule is an estimate and not guaranteed. Actual
absorption rates are governed by market demand.
2.07 EASEMENTS FOR UTILITIES
All necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all service utilities in compliance with
applicable regulations in effect at the time of development.
2.08 COLLIER COUNTY AND CITY OF NAPLES SUBDIVISION APPROVAL
The review and approval of subdivision master plans and construction plans shall follow
the design and development standards of the Collier County Ordinances regulating
subdivisions in effect at the time of development; and shall be reviewed and approved in
accordance with the procedures set forth by Collier County for that portion of the project
under County jurisdiction. The intent and effect of this Section is to have a single set of
substantive standards apply to subdivision master plans to the location of the particular
property in question, but to allow each local government to apply its procedural process
for approval of said plans. The developer reserves the right to request exceptions and
modifications to the standards set forth in applicable regulations. Where this document
makes reference to a specific type of subdivision approval (e.g. Subdivision Master Plan
Approval or platting) this reference shall be construed to mean the applicable Collier
County procedure or approval in effect at the time of development.
(Revised 4/11/07)
10
2.09 LAKE SITING
As depicted on the MPUD Master Plan, lakes and natural retention areas have been
sited adjacent to existing and planned roadways, property lines, and throughout the golf
course. The goal is to achieve an overall aesthetic character for the project, to permit
optimum use of the land, provide buffering to uses within and surrounding the project,
protect native vegetation, and to increase the efficiency of the water management
network. Accordingly, the requirements described in applicable County ordinances, may
be reduced subject to the approval of the County Engineer at the time of Subdivision
and/or excavation permit approval. Fill material from lakes is planned to be utilized
within the project, however excess fill material, not to exceed 10% or maximum 20,000
cubic yards may be utilized off-site, subject to the provisions of the Collier County
excavation ordinance in effect at the time of development. Removal of fill material in
excess of 10% of total or 20,000 cubic yards shall meet the requirements of a
commercial excavation per applicable County ordinances. Final lake area determination
shall be in accordance with the South Florida Water Management District stormwater
criteria and applicable County ordinances.
2.10 DEDICATION AND MAINTENANCE OF FACILITIES
Roads and other infrastructure may be either public or private, depending on location,
capacity, and design. The developer shall create appropriate homeowner and/or
condominium associations or identify other entities which will be responsible for
maintaining the roads, streets, drainage, water and sewer improvements where such
systems are not dedicated to the County or City. Standards for roads shall be in
compliance with the applicable provisions of Collier County ordinances regulating
subdivisions, unless otherwise approved as an exception during subdivision approval.
2.11 SITE DEVELOPMENT PLAN APPROVAL
The provisions of the LDC shall apply to the development of platted tracts or parcels of
land as provided in the LDC prior to the issuance of a building permit or other
development order. Approval of commercial tracts in the City of Naples jurisdiction shall
follow the General Development and Site Plan (GDSP) process.
2.12 MODEL HOMES AND MODEL UNITS
Model Homes and units shall be permitted within this project subject to the following
provisions:
a) Models may be constructed prior to approval of a plat.
b) Models may be permitted as "dry models" and shall obtain a conditional certificate of
occupancy for model purposes only. Models may not be permanently occupied until
a permanent certificate of occupancy is issued.
(Revised 4/11/07)
11
c) Models may not be utilized as "sales offices" without approval by and through the site
development plan process. The site development plan process shall not be required
for dry models pursuant to this Section.
d) Prior to recording of any plat, metes and bounds legal descriptions shall be provided
to and accepted by Collier County as sufficient for building permit issuance. Said
metes and bounds legal descriptions shall meet proposed plat configurations and all
models constructed pursuant hereto shall conform to applicable minimum square
footages, setbacks, and the like as set forth herein.
e) Temporary access and utility easements may be provided in lieu of dedicated rights-
of-way for temporary service to model homes or units.
f) Sales, marketing, and administrative functions shall be permitted to occur in
designated model homes or units within the project only as provided herein.
2.13 CONSTRUCTION DEVELOPMENT STANDARDS
The standards for the construction of all project infrastructure, such as, but not limited to
roads, utilities, wastewater treatment, water management facilities, and other site
improvements such as but not limited to clearing, grading, excavation, landscaping and
all similar types of site improvements, except for habitable buildings and structures, shall
meet the minimum standards set forth by Collier County in the applicable ordinance or
regulation in effect at time of development. City of Naples construction standards shall
be used for water and sewer systems under City jurisdiction.
The procedures for the review and approval of project infrastructure and site
improvements shall be that process in effect at the time of review and approval in
accordance with the City of Naples regulations for that part of the project within City
jurisdiction, and Collier County regulations for that part of the project within County
jurisdiction.
The standards and development permit procedures for all habitable structures shall be in
accordance with the appropriate City or County jurisdiction's requirements in effect at the
time of building permit application.
2.14 SALES CENTERS
a) "Sales Centers" may be constructed prior to recording of a plat. "Sales Centers" may
be serviced by a temporary utility system (i.e. dry well and septic tank/drainfield) prior
to availability of central utility systems at which time connection to the central system
will be made. Interim fire protection facilities, in accordance with NFPA requirements
or as approved by the appropriate fire district shall be required unless a permanent
water system is available to serve the Center.
(Revised 4/11/07)
12
b) Review and approval of "Sales Centers" shall follow the requirements of the site
development plan process of the LDC or whatever approval procedure is in effect at
that time. A metes and bounds legal description shall be provided as part of the
application. Access to the "Sales Center" shall be provided by a paved road or
temporary driveway which meets applicable County standards as determined by the
County Engineer. A water management plan shall be provided which accommodates
the runoff from the "Sales Center", the required parking and access road/driveway
and any other impervious surfaces. The system shall be designed to fit in with the
master water management system for the entire development.
c) At the time of building permit application for a "Sales Center" a temporary use permit
shall be obtained. "Sales Centers" may not be occupied until a certificate of
occupancy is issued. Models shall obtain a conditional certificate of occupancy for
model purposes only. Models may not be occupied until a permanent certificate of
occupancy is issued.
2.15 IMPACT FEES
Development within the project shall be subject to all lawfully adopted impact fees in
effect at the time of development.
2.16 DEVIATIONS.
A. Deviation from LDC Section 4.02.24 A.2. and 3. - Corridor Management Overlay
District which requires a front yard setback of 100 feet for the first floor of residential
dwelling units and a 25-foot setback for each additional floor.
Deviation: Residential structures within the Grey Oaks MPUD shall comply with
Section 4.02.24, Corridor Management Overlay District unless an enhanced Type D
Buffer, 20 feet in width, containing a wall and landscaping is placed along Golden
Gate Parkway between residential development and the Parkway. Residential
structures shall be set back a minimum of 2 feet horizontally for every 1-foot of
building height measured from the property line to any point on the building, but in no
case shall any residential structure be closer than 100 feet to Golden Gate Parkway.
Sections, drawn to scale, shall demonstrate that sight lines from passing passenger
cars (4 feet in height) in the center lane of the eastbound lanes of Golden Gate
Parkway will break the views to the top of residential buildings within the southeast
quadrant of the Grey Oaks MPUD. These tree heights shall be shown on the
perimeter buffer landscape site development plan drawings. Trees and shrubs may
be planted and maintained by the developer within the Golden Gate Parkway right-of-
way provided that a landscape maintenance agreement is executed between the
County and developer.
B. Deviation to 5.03.02.C.1 of the LDC, Wall Height, which states that fences or walls in
residential districts shall be maximum of six (6) feet tall.
(Revised 4/11/07)
13
Within the Grey Oaks MPUD, walls, not to exceed ten feet (10') in height, shall be
permitted along both sides of Golden Gate Parkway and along Livingston Road in the
northeast and southeast quadrants. The walls shall be located to allow a minimum of
five feet (5') of landscaping between the property/right-of-way line and the walls. The
intent is to provide consistency within the Grey Oaks project so that existing and
proposed walls are of similar height.
C. Deviation from Section 6.06.01 J. of the LDC, Dead-end Streets, which states that
dead-end streets shall be prohibited except when designed as a cul-de-sac. Culs-de-
sac in excess of 1,000 feet shall not be permitted unless topographical conditions or
other natural features preclude a street layout to avoid longer culs-de-sac.
Within the southeast quadrant, a deviation is requested to allow for cul-de-sac streets
to be 2,300 feet in length providing that roadway and cul-de-sac lengths do not
conflict with the County Fire Protection Ordinance.
D. Deviation from Section 6.06.02 A.3 of the LDC, Sidewalks and Bike Lane
Requirements, which states that sidewalks five (5) feet in width must be provided on
both sides of local streets.
In the Grey Oaks MPUD, local streets that only provide access to residential units
placed on one side of a cul-de-sac street shall be required to be served by a 6-foot
sidewalk on the side of the street serving the residential units. No sidewalk shall be
required on the side of the street without residential units.
. Deviations apply to Southeast Quadrant only.
2.17 GENERAL
Development of Grey Oaks shall proceed in accordance with the contents of this
Document, MPUD-Mixed Use Planned Unit Development District, applicable sections
of the Growth Management Plan and the regulations in the Collier County Land
Development Code in effect at the time of issuance of any development orders to
which said regulations relate governing the permitting and construction of
improvements, such as but not limited to final subdivision plat, final site development
plan, excavation permit and preliminary work authorization. Where these regulations
fail to provide development standards then the provisions of the most similar district
in the County Land Development Code shall apply.
(Revised 4/11/07)
14
THE GREY OAKS PUD
TABLE I
LAND USE SUMMARY
Northeast and Southeast Quadrants (Collier Countv)
AMOUNT ACREAGE
Residential units 1,311 D.U. 332.06 Ac.
Commercial (Total) 1,203,091 S.F. 70.4 +/- Ac.
Office (gross floor area) 593,453 S.F.
Retail (gross leasable area) 609,638 S.F.
Hotel o Rooms OAc.
Golf Course/Recreation/ 54 Holes 614.31 Ac.
Park/Riaht of Wav
Lake/ 225.41 Ac.
Water Manaaement
Conservation 5.32 Ac.
Sub-Total 1,247.45Ac.
Note: Native Vegetation Preserve in Northeast and Southeast Quadrants totals 79.36 acres.
(See attached Drawings E-1 through E-4 for locations).
Northwest Quadrant (City of Naoles)
AMOUNT ACREAGE
Residential units 464 d.u. 100.71 +/- Ac.
Commercial (Total) 100,000 S.F. 14.4 +/- Ac.
Office (gross floor area) 60,000 S.F.
Retail (gross leasable area) 40,000 S.F.
Golf Course/Recreation/ 18 Holes 107.4 +/- Ac.
Park/Rioht-of- Wav
Lake/ 76.04 +/- Ac.
Water Manaoement
Conservation 55.34 +/- Ac.
Sub-Total 353.89 Ac.
Note: Native Vegetation Preserve in Northwest Quadrant totals 58.63 acres.
(See attached Drawings E- 1 through E-4 for locations).
Note: All acreages are digitized approximate acreages and are subject to change and variation.
Note: The Northeast Quadrant shall have a total commercial/office square footage of 1,203,091 S.F.
(Revised 4/11/07)
15
THE GREY OAKS PUD
TABLE II
PROJECT ABSORPTION SCHEDULE ESTIMATE
PROJECT YEAR 1-6 (1989-1995)
Land Use No. Hotel Square
Designation Units Rooms Feet
Residential 94
Commercial (GLA)
and Office (GFA) 0
Hotel 0
Golf Course' 1
, Golf Course = 18 holes with phased club facilities
PROJECT YEAR 7-13 (1996-2001)
CUMULATIVE
Land Use
Designation
No.
Units
Hotel
Rooms
Square
Feet
Residential 963
Commercial (GLA)
and Office (GFA) 500,000
Golf Course' 3
, Gold Course = 54 holes with phased club facilities
(Second golf course may be constructed prior to project year 7, and may be built in 9-hole
increments, club facilities may be built in phases to coincide with the golf course construction).
(Revised 4/11/07)
16
TABLE II (Continued)
PROJECT ABSORPTION SCHEDULE ESTIMATES
PROJECT YEAR 14-20
CUMULATIVE
Land Use
Designation
No.
Units
Hotel
Rooms
Square
Feet (GLA)
Residential 1775
Commercial (GLA)
and Office (GFA) 1,303,091
Golf Course" 4
" Golf Course = 72 holes with full club facilities
(3rd golf course may be constructed after year 14, and may be built in 9-hole increments, club
facilities may be built in phases to coincide with the golf course construction).
Project years shall be adjusted to correspond with the commencement of development.
The above development program outlines multi-use categories which will be assigned to the
various development pods shown on Map H-1.
These land use categories will allow for a true mixed use development to occur and allow the
"developer" to respond to an ever changing market over the next 20 years with an anticipated
buildout at year 2010.
The absorption schedule assumes that build-out of the residential, town center and majority of
the office and commercial uses may occur in the first 12 years.
(Revised 4/11/07)
17
SECTION III
RESIDENTIAL LAND USE
3.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on
Map H-1, Planned Unit Development Master Plan, as "R" or Residential.
3.02 MAXIMUM DWELLING UNITS
A maximum number of 1,775 dwelling units may be constructed on lands designated as
"R" or Residential. The 25 +/- acre parcel designated "R" on the MPUD Master Plan
located on Livingston Road, south of Golden Gate Parkway may be devoted to Assisted
Living Facilities at a floor-to-area ratio not to exceed .45.
3.03 GENERAL DESCRIPTION
Areas designated as "R" or Residential on the Master Land Use Plan are designed to
accommodate a full range of residential dwelling unit types.
Approximate configurations of land use tracts have been indicated on the MPUD Master
Plan, in order to indicate relative size and distribution of the residential uses. These
acreages are based on conceptual designs and must be considered to be approximate.
Actual acreages of all development tracts will be provided at the time of platting.
Residential tracts are designed to accommodate internal roadways.
3.04 PERMITTED PRINCIPAL USES AND STRUCTURES
1) Detached and attached single family homes, cluster homes, zero lot line homes,
patio homes, townhomes, multi-family dwellings, neighborhood recreational facilities,
churches and other places of worship, and assisted living facilities.
2) Water management facilities; essential services (in accordance with the LDC).
Lakes, including lakes with seawall and other types of architectural bank treatment.
3) Open space recreational activities, community parks, and similar uses, including but
not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and
ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession
stands, health trails, bike paths and nature trails, observation platforms, boardwalks,
playground, picnic areas and other types of facilities intended for outdoor recreation.
4) Any other use which is comparable in nature with the foregoing uses and which the
Board of Zoning Appeals or the City Community Development Director determines to
be compatible in the district.
(Revised 4/11/07)
18
3.05 PERMITTED ACCESSORY USES AND STRUCTURES
1) Accessory uses and structures customarily associated with uses permitted in this
District.
2) Essential services and facilities, as defined in the LDC.
3) Recreational facilities accessory to a residential structure.
4) Any other accessory uses or structures which are comparable in nature with the
foregoing uses and which the Board of Zoning Appeals or the City Community
Development Director determines to be compatible in the district.
3.06 DEVELOPMENT STANDARDS
Table III sets forth the development standards for land uses within the "R" Residential
District.
Site development standards for categories 1, 2, and 3, uses apply to individual lot
boundaries; standards for category 4 uses apply to platted development parcel
boundaries.
Front yard setbacks shall be measured as follows:
1) If the parcel is served by a City or County dedicated public right-of-way, setback is
measured from the existing right-of-way line.
2) If the parcel is served by a private drive, setback is measured from back of curb or
edge of pavement, whichever is closer to the structure.
3) Single family detached (Category 1 only) front setbacks shall be measured from the
public or private road right-of-way line.
Standards for parking, landscaping, signs, guard houses, entrance gates and other land
uses not specified herein shall be in accordance with the LDC Code regulations in effect
at the time permits are requested unless otherwise specified herein. Unless otherwise
indicated, setback, heights, and floor area standards apply to principal structures.
Development standards for residential uses not specifically set forth in Table III shall be
established during subdivision master plan or site development plan approval as set
forth under Sections 2.03 and 2.11 of this Document.
Setbacks and other buffer requirements from and along the north property line within the
northwest quadrant adjacent to lots on Coach House Lane shall be as follows:
a) One story single family structure:
(Revised 4/11/07)
19
Principal - 25'
Accessory - 15'
b) One story multi-family or two story structure:
Principal - 50'
Accessory - 50'
c) Two story structure greater than 30' in height:
Principal - 75'
Accessory - 75'
d) Three story structure:
Principal - 175'
Accessory - 175'
e) Four story structure:
Principal - 400'
Accessory - 400'
f) Vehicular use areas, including garages and carports - 50' (measured to the
structure or edge of pavement).
g) A 15' wide, as measured perpendicular to said north border, and 25 foot high
landscaped buffer shall be provided and maintained which is 80% opaque as
measured in every and any 25 by 25 foot section. The buffer shall be installed
prior to construction of homes.
h) The number of dwelling units per acre shall not exceed 7 units per net acre
measured within a band of land 175 feet wide parallel to said north boundary.
i) Principal building structures shall not include more than 4 dwelling units within
175 feet of said north boundary.
'Two story setback is measured to the second story portion of the structure. One story portion
is to be measured as a one story structure, if it is a single family structure.
(Revised 4/11/07)
20
DEVELOPMENT STANDARDS
lOR" Residential Areas
TABLE III
PATIO,
ZLL, OR
SINGLE SINGLE TWO FAMILY CLUSTER
FAMILY FAMILY ATTACHEDI MUL TI-FAMIL Y
DETACHED DETACHED OR DUPLEX TOWN HOUSE VILLAS
CATEGORY 1 *4 2 *4 3 *4 4 *4 5 *4 *5
MINIMUM SITE 9000 5000 35000 1 AC 2500
AREA SF/Lot SF/Lot SF/Lot SF/Lot
SITE WIDTH 75' 50' 35' 150' 16'
MIN.AVG.
SITE DEPTH 120' 100' 100' 150' N/A
MIN. AVG.
FRONT YARD 25' 20' 20'*1 20'P 0'
SETBACK
SIDE YARD 7.5' 5' o or a *6 20'P
SETBACK minimum O'GC 0'
of 5'
REAR YARD 20' P 15' P 15'P 20' P 10' P
SETBK PRINCIPAL 10'GC 10' GC 10' GC O'GC O'GC
REAR YARD 10'P 10' P 10' P 10'P 10'P
SETBACK ACSRY. O'GC O'GC O'GC O'GC O'GC
MAX. BUILDING
HEIGHT STORIES
ABOVE PARKING 2 2 2 6 *2 2
DIST.BETWEEN
PRINCIPAL STR. 15' 10' 0' or 5' *6 15' *3 -1 story 7'
25' *3- 2-3 story
30' *3- 4 stories &
higher
FLOOR AREA
MINIMUM (SF) 1200 1000 900 750 900
SITE DEPTH AVERAGE: Determined by dividing the site area by the site width.
SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side
of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the
point of the intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of
intersection with the rear parcel line). May be reduced on cul-de-sac lots.
(Revised 4/11/07)
21
P. Perimeter of Internal Sites
GC = Golf Course, or Lake Front Sites
* 1 This setback may be reduced to 10' for side entry garage
*2 Three story maximum within the City of Naples for less than 8 units per acre. Four story maximum
within the City of Naples for 8 units per acre or greater.
*3 or Y:. the sum of the adjacent buildings, whichever is greater. The following sentence applies to the
Southeast Quadrant only. Where adjacent multi-family buildings are clustered about a common access
to garage parking or courtyards, and share a common architectural theme and are a minimum of 2
stories in height, the minimum distance between the buildings shall be 40% of the sum to the heights of
the two multi-family buildings.
*4 During the County approval process, tracts shall be designated and approved as a specific category.
The approved specific category shall not be changed unless the entire tract is consistent with the new
category. Any change from an approved category to another shall be accomplished per the LDC.
*5 In the context here used, the term "villas" means development that occurs on a platted lot where the
lots tend to form a clustered home siting scheme accessed by an irregularly shaped private roadway
system.
*6 For patio homes with less than a 5 foot side yard setback, the opposite side setback shall be sufficient
so that the combined setbacks equal 10 feet. Once the first building, on the side of a street utilizing this
product type is permitted, all subsequent buildings shall follow the pattern established by the first unit.
For example, a 3 foot setback on one lot must be followed by a 7 foot setback on the next lot or vice
versa.
(Revised 4/11/07)
22
SECTION IV
GOLF COURSE/RECREA TION/PARKlRIGHT-OF-W A Y
4.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on
Map H-1 Planned Unit Development Master Plan as, golf course, clubhouse, driving
range, right-of-ways; dedicated easements and utility corridors.
4.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or
water used, in whole or in part for other than the following:
A. Permitted Principal Uses and Structures
1) GolfCourse(s)
2) Tennis Club and facilities
3) Water management facilities; essential services (in accordance with the
LDC). Lakes, including lakes with seawall and other types of architectural
bank treatment.
4) Open space recreational activities, community parks, and similar uses,
including but not limited to shuffleboard courts, tennis courts, swimming
pools, boat docks and ramp, canoe launches, fishing piers, boat storage,
beach gazebos, concession stands, health trails, bike paths and nature trails,
observation platforms, boardwalks, playground, picnic areas and other types
of facilities intended for outdoor recreation.
5) Community center/c1ubhouse(s).
6) Storage, maintenance yards, and landscaping nurseries within FP&L
easements, rights-of-way, and open space. Subject to approval of the
persons or entities in whose favor the easement or right-of-way runs.
7) Project Information and Sales Center.
8) Any other use which is comparable in nature with the foregoing uses and
which the Board of Zoning Appeals or the City Community Development
Director determines to be compatible in the district.
(Revised 4/11/07)
23
B. Permitted Accessory Uses and Standards
Accessory uses customarily associated with the principal uses permitted in this
district including but not limited to:
1) Pro-shop, practice driving range, cart barn and other customary accessory
uses of golf courses, or other recreational facilities, including maintenance
area, and pump houses, golf courses rain shelters, restrooms, and snack
bars.
2) Small commercial establishments, including gift shops, golf and tennis
equipment sales, restaurants, cocktail lounges, and similar uses intended to
serve patrons of the golf course or other permitted recreational facilities,
subject to the provisions of the applicable supplementary district regulations
of the Land Development Code of Collier County.
3) Vehicle wash facility.
4.03 DEVELOPMENT STANDARDS
1) Overall site design shall be harmonious in terms of landscaping, enclosure of
structures, location of access streets and parking areas and location and treatment
of buffer areas.
2) Buildings shall be set back a minimum of ten (10') feet from parcel boundaries,
except for common boundaries between golf course, recreation and park uses, and
water management facilities, in which case the setback is zero (0') feet.
3) Maximum height of structures:
Fifty (50') feet, unless abutting a residentially zoned parcel, then thirty five (35') feet.
4) Minimum distance between principal buildings:
Five (5') feet - 1 and 2 story buildings that are a part of an architecturally unified
grouping of structures.
Ten (10') feet -1 story.
Twenty (20') feet - 2 story.
5) Setback for structures from parcel boundaries abutting residential areas:
Twenty (20') feet - principal structures.
(Revised 4/11/07)
24
Ten (10') feet - accessory structures.
6) Parking for the community center/clubhouse shall be one space per every two
hundred (200) square feet of gross floor area, which shall be considered inclusive of
required golf course parking.
7) Standards for parking, landscaping, signs, guard houses, entrance gates and other
land uses not specified herein are to be in accordance with Collier County Land
Development Code regulations in effect at the time permits are requested unless
otherwise specified herein. Unless otherwise indicated, setback, heights, and floor
area standards apply to principal structures.
8) A 10-foot wide combination berm, landscaping, and wall buffer shall be provided
along the south side of the FPL easement paralleling Golden Gate Parkway within
the northwest quadrant adjacent to golf course and residential uses. The berm shall
be no higher than 2 feet and the wall no higher than 8 feet. Landscaping shall be
placed in front of the wall screening a minimum of 50% of the wall. An additional 10-
foot landscape buffer shall be placed along the north edge of the FPL easement
where said easement abuts golf course or residential uses. Golf course is allowed
within the 10-foot wide buffer.
(Revised 4/11/07)
25
SECTION V
CONSERVATION AND OPEN SPACE AREAS
5.01 PURPOSE
The purpose of this Section is to set forth the regulations for areas designated on Map
H-1 as conservation and open space.
5.02A PERMITTED USES AND STRUCTURES - CONSERVATION AREAS
No building or structure, or part thereof, shall be erected, altered or used, or land or
water used, in whole or in part, for other than the following:
1) Passive recreational areas, boardwalks, observation platforms.
2) Biking, hiking, health and nature trails, canoe launches, golf cart paths.
3) Water management facilities, roadway crossings and utility crossings.
4) Lighting and signage.
5) Any other activity or use which is comparable in nature with the foregoing uses and
which the Board of Zoning Appeals or the City Community Development Director
determines to be compatible with the intent of this district.
5.02B PERMITTED USES AND STRUCTURES - OPEN SPACE AREAS
No building or structure, or part thereof, shall be erected, altered or used, or land or
water used, in whole or in part, for other than the following:
1) Parks, passive recreational areas, boardwalks, observation platforms.
2) Biking, hiking, health and nature trails, boat docks, fishing piers, canoe launches,
boat storage, golf cart paths.
3) Equestrian paths.
4) Water management facilities and lakes, as approved by the South Florida Water
Management District, roadway crossings and utility crossings.
5) Recreational shelters, active park facilities, and restrooms, off street parking, lighting
and signage.
(Revised 4/11/07)
26
6) Any other activity or use which is comparable in nature with the foregoing uses and
which the Board of Zoning Appeals or the City Community Development Director
determines to be compatible with the intent of this district.
5.03 DEVELOPMENT STANDARDS
1) Overall site design shall be harmonious with the area's natural characteristics.
2) All work proposed in wetland areas designated on the Master Plan shall be reviewed
and approved by the Collier County Environmental Staff and appropriate county,
state or federal regulatory or jurisdictional agency prior to the commencement of any
such activity.
3) The County may request copies of permits from all appropriate regulatory agencies
or jurisdictional agency prior to construction plan approval. Conservation areas shall
be subject to jurisdictional agencies review and listed uses do not guarantee that
those uses will be approved.
4) Standards for parking, landscaping, signs, guard houses, entrance gates and other
land uses not specified herein are to be in accordance with Collier County Land
Development Code regulations in effect at the time permits are requested unless
otherwise specified herein.
(Revised 4/11/07)
27
SECTION VI
COMMERCIAL
6.01 PURPOSE
The purpose of this section is to set forth the regulation for the area designated on Map
H-1 MPUD Master Plan, as "C" Commercial "O/C" Office Commercial, "0" Office, and
"Town Center". These are areas located within a designated activity center, therefore
permitted uses for these tracts are intended to be inclusive of all types allowed by the
City of Naples and the Collier County LDC.
6.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or
water used, in whole or in part, for other than the following:
1) Permitted Principal Uses and Structures for C, O/C, and Town Center Tracts:
(a) Antique shops; appliance stores; art studios; art supply shops; automobile parts
stores; automobile service stations without repairs*1; awning shops.
(b) Bakery shops including baking; bait and tackle shops*2; banks and financial
institutions, including drive-in windows; barber and beauty shops; bath supply
stores; bicycle sales and services; blueprint shops; bookbinder; book stores;
business machine services; business offices, building maintenance services and
building supplies.
(c) Cabinet shops, canteen services, building maintenance services, building
supplies, carpet and floor covering sales - which may include storage and
installation; car wash; child care centers; churches and other places of worship
*1; clothing stores; cocktail lounges*1; commercial schools; confectionery and
candy stores, concessions and vendors; civic and cultural facilities colleges,
universities and schools; convalescent centers and nursing homes; computer
sales and services*2.
(d) Delicatessens; department stores; drug stores; dry cleaning, collecting and
delivery; dry goods stores; drapery shops; department stores.
(e) Electrical supply stores; express office; employment agencies; equipment rentals
repair and sales including lawn mowers and power saws.
(f) Farmers market*2, fish stores - retail only; florist shops; fraternal and social
c1ubs*1; food markets; furniture stores; furrier shops.
(g) Garden supply stores - outside display in side and rear yards*2; gift shops; glass
and mirror sales - including storage and installation; gourmet shops; gunsmiths.
(Revised 4/11/07)
28
(h) Hardware stores; health food store; homes for the aged; hospitals and hospices;
hobby supply stores.
(i) Ice cream stores, indoor commercial recreation, interior decorating showrooms.
U) Jewelry stores.
(k) Laundries; laboratories, film research and testing; leather goods; luggage stores;
linen supply shops; lithograph; laboratories; liquor stores; locksmiths; lakes and
water bodies with seawalls and architectural bank treatments, or conventional
lake banks.
(I) Markets - food; markets - meat; medical offices and clinics; millinery shops;
motion picture theaters; museums; music stores; mortgage brokers.
(m) New car dealerships - outside display permitted; news stores; night c1ubs*2*1.
(n) Office - general - business, and professional; office supply stores.
(0) Paint and wall paper stores; post offices; pet shops; photographic equipment
stores; pottery stores*2; printing*2; publishing and mimeograph service shops*2;
private c1ubs*2*1; plumbing shops and supplies.
(p) Radio, television and appliance sales and services; radio stations (offices and
studios), and auxiliary transmitters and receiving equipments, but not principal
transmission tower; research design and development; real estate offices; rest
homes; restaurants - including drive-in or fast food restaurants and full service
*1; retail sales of used goods; all uses permitted in Section III and IV of this
Document - subject to development standards identified in those Sections.
(q) Small scale retail sales other than shopping centers; shoe sales and repair;
shopping centers*1; souvenir stores; stationery stores; supermarkets;
sanatoriums.
(r) Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops;
tropical fish stores; telephone exchange shops; transportation, communication
and utility offices.
(s) Variety stores; vehicle rentals, veterinarian offices and clinics - no outside
kennels.
(t) Watch and precision instrument sales and repair shops.
(Revised 4/11/07)
29
(u) Any other commercial use or professional service which is comparable in nature
with the foregoing uses and which the Board of Zoning Appeals or the City
Community Development Director determines to be compatible in the district.
(v) Any other commercial uses set forth in the City of Naples Development
Agreement.
2) Permitted Uses and Structures for "0" (Office) Tracts:
(a) Art studios
(b) Banks and financial institutions, including drive-in windows; book stores;
business offices.
(c) Child care centers; churches and other places of worship; commercial schools;
civic and cultural facilities; colleges, universities and schools.
(d) Express office; employment agencies.
(e) Fraternal and social clubs*1.
(I) Homes for the aged; hospitals and hospices.
(g) Laboratories; lakes and water bodies with seawalls and architectural bank
treatments, or conventional lake banks.
(h) Medical offices and clinics; mortgage brokers.
(i) Office - general - business, and professional; office supply stores.
U) Private clubs*2.
(k) Radio stations (offices and studios, and auxiliary transmitters and receiving
equipment, but not principal transmission tower); research design and
development; real estate offices; all uses permitted in Section III and IV of this
document - subject to development standards identified in those Sections.
(I) Transportation, communication and utility offices.
(m) Veterinarian offices and clinics - no outside kennels.
(n) Any other commercial use or professional service which is comparable in nature
with the foregoing uses and which the Collier County Planning Services Manager
or the City Community Development Director determines to be compatible in the
district.
(Revised 4/11/07)
30
3) Permitted Accessory Uses and Structures; Accessory uses and structures
customarily associated with the uses permitted in this district.
(a) Caretaker's residence*1.
6.03 Development Standards
1) Minimum Lot Area: Ten thousand (10,000) square feet.
2) Minimum Lot Width: One hundred feet (100')
3) Minimum Setback Requirements (Internal):
(a) Front setback - Twenty feet (20').
(b) Side setback - None, or a minimum of five feet (5') with unobstructed passage
from front to rear yard.
(c) Rear setback - Fifteen feet (15').
(d) Waterfront setback - Zero feet (0') to seawall, bulkhead, or rip rap, otherwise
fifteen feet (15').
(e) Parcels with two frontages may reduce one front setback by ten feet (10').
4) Minimum setbacks and buffer from external rights-of-way:
(a) Golden Gate Parkway - Fifty foot (50') setback, Twenty foot (20') landscape
buffer.
(b) Airport Road and Livingston Road - Twenty foot (20') plus two feet (2') for every
one foot (1') of building height; twenty foot (20') landscape buffer.
5) Maximum Height: Fifty (50) feet.
6) Minimum Floor Area of Structures: One thousand (1,000 square feet per building)
on the ground floor. Kiosk vendors, concessions, and temporary or mobile sales
structures are permitted to have a minimum structure of twenty-five (25) square feet,
and are not bound by setback requirements.
7) Maximum Floor Area Ratios (FAR) for Commercial Uses:
Based on gross leaseable floor area (GLFA) and acreage.
Retail:
Office:
.30
.35
Project total 649,638 GLFA
Project total 653,453 Gross Floor Area
(Revised 4/11/07)
31
8) Distance Between Structures: Same as for side yard setback.
9) Standards for parking, landscaping, signs, guard houses, entrance gates and other
land uses not specified herein are to be in accordance with Collier County Land
Development Code regulations in effect at the time permits are requested unless
otherwise specified herein. Unless otherwise indicated, setback, heights, and floor
area standards apply to principal structures.
10) A twenty-five (25) foot landscape strip of land shall be provided along all arterial
road commercial frontages.
11) The public internal loop road in the Northeast quadrant shall be constructed in
accordance with Collier County standards.
12) An 8-foot high wall may be installed on grade, on a landscape berm, on golf course
mounding, or on driving range mounding, within a residential, golf course, club, golf
facility or commercial parcel to buffer the commercial uses from the residential and
other uses.
*1 In accordance with LDC requirements for this type of use.
*2 Northeast and Southeast quadrants only.
(Revised 4/11/07)
32
SECTION VII
GENERAL DEVELOPMENT COMMITMENTS
7.01 PURPOSE
The purpose of this Section is to set forth the development commitments of the
project.
7.02 MPUD MASTER PLAN
1) The P.U.D. Master Plan - Map H-1 is an illustrative preliminary development
plan. The design criteria and layout illustrated on the Master Plan shall be
understood to be flexible, so that, the final design may satisfy project criteria and
comply with all applicable requirements of this Ordinance.
2) All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities.
3) Site design changes shall be permitted subject to Collier County and/or City of
Naples staff administrative approval, where such changes are consistent with the
intent of this MPUD and do not cause significant impact to surrounding properties
abutting the Grey Oaks MPUD.
7.03 ENVIRONMENTAL
1) The developer shall be subject to Collier County Growth Management Plan
Conservation and Coastal Management Element and applicable County
ordinances. The 25% shall be monitored at each site clearing plan submittal.
The developer shall receive credit from any phase where the 25% amount is
exceeded to be applied to a phase where it is not. In any phase of development
where credit toward the 25% is needed the developer shall delineate on the site
clearing plan the percentage of viable naturally functioning native vegetation
retained and/or areas of landscaping and open space which are planted with
native species. The developer shall show the calculations on each site clearing
plan which totals the overall 25% for the project build-out.
The entire MPUD has been evaluated for native/viable vegetation at the time of
platting or site development plan approval and such vegetated area has been
determined to be 551.94 acres. This includes 13.31 acres of native vegetation
within the Golden Gate Parkway right-of-way. The total assumes that the
eastern-most parcel in the southeast quadrant contains 15.03 acres of native
vegetation. [Preserving 25% requires 137.99 acres while 137.10 acres of native
vegetation has been preserved.] The eastern-most parcel in the southeast
quadrant shall provide .89 acres of native vegetation preserve to satisfy the 25%
preservation requirement stipulated in Paragraph 7.03.1 above. See Drawings
(Revised 4/11/07)
33
E-1 through E-4 locations of native vegetation. The required retained native
vegetation shown on the preserve drawings, Exhibits E-1 through E-4 may be
modified administratively by the Environmental Review Staff, providing that an
equal area of existing native vegetation of equal or greater habitat value is
provided in a preserve area that meets the requirements of the LDC in effect at
the time of any such modification. To accomplish this, the property owner shall
apply to the County and obtain approval for an amendment to the underlying
SDP or plat and construction plans.
2) The developer shall obtain all necessary local, state and federal permits. Copies
of appropriate jurisdictional delineations are required at the time of subdivision
master plan per the County Engineer.
3) Protected plant species (butterfly orchid) and those which may be observed
during each construction phase shall be protected from injury or relocated on
site. The existing locations as well as the transplantation locations, if warranted,
shall be identified on the site clearing plan for each phase of construction.
4) The developer must receive all appropriate state approvals for storing and
handling hazardous materials prior to construction of the golf maintenance
facilities. All hazardous materials will be stored in a central location, removed
from the Gordon River headwaters or Golden Gate Canal. There will be no
storage of hazardous materials that is in excess of two (2) days supply, at the
satellite facilities. However, petroleum storage at these facilities shall be allowed,
but only in above ground storage facilities constructed and maintained in
accordance with EPA and FDER standards. The developer shall submit any
required contingency plans approved by appropriate state and federal agencies
for clean up and mitigation of unauthorized release of hazardous materials.
5) Buffers around protected wetlands shall comply with South Florida Water
Management District criteria.
6) Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit (ERP) Rules and Regulations, as well as the
U.S. Army Corps of Engineers Section 404 permitting program. Removal of
exotic vegetation shall not be the sole means of mitigation for impacts to Collier
County jurisdictional wetlands.
7) All conservation areas shall be recorded on the plat with protective covenants per
or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be
dedicated on the plat to the project's homeowners' association, or like entity, for
ownership and maintenance responsibilities, and to Collier County with no
responsibility for maintenance.
(Revised 4/11/07)
34
8) An exotic vegetation eradication, monitoring, and maintenance (exotic free) plan
for the site, with emphasis on conservation/preservation areas, shall be
submitted to the Environmental Staff for review and approval prior to final site
plan/construction plan approval.
9) The developer shall coordinate protected wildlife species issues through the ERP
and Corps Section 404 permit review process and comply with the guidelines
and recommendations of the U.S. Fish and Wildlife Service (FWS) and Florida
Game and Fresh Water Fish Commission (FGFWFC) made part of any ERP or
Section 404 permit issuance. Where protected species occur on site, a Habitat
Management Plan for those protected species shall be submitted to Current
Planning Environmental Staff for review and approval prior to final site
plan/construction plan approval.
7.04 WATER MANAGEMENT
1) Detailed, paving, grading and site drainage plans shall be submitted to
Engineering Review Services 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.
2) 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 return frequency.
3) An excavation permit shall be required for the proposed lake(s) in accordance
with applicable County ordinances and SFWMD Rules. Several of the lakes
proposed do not meet the minimum setback requirements of County ordinances.
The Master Plan shall be revised to meet the minimum setback requirements or
documentation shall be provided during the subdivision master plan process to
allow a reduction in the setback with appropriate barriers provided.
4) The lake and swale typical cross-sections shall conform to all applicable County
ordinances.
5) Detailed site drainage plans of each drainage sub-basin shall be submitted to the
Environmental Advisory Board, or its successor, for review. No construction
permits shall be issued unless and until approval of each individual drainage sub-
basin is granted by the Engineering Review Services.
6) An executed agreement between the applicant, Big Cypress Basin and the South
Florida Water Management District, detailed plans and associated documentation
relating to the installation of the new control structure and the relocation of the
existing amil gate structure including back pump facilities shall be submitted to
Engineering Review Services for review prior to construction plan approval.
(Revised 4/11/07)
35
7) A copy of the South Florida Water Management District Conceptual Permit or
favorable staff report shall be required prior to subdivision master plan approval.
8) A copy of South Florida Water Management District Permit or Early Work Permit
is required prior to construction plan approval.
9) Documentation from Florida Power and Light allowing use of their right-of-way for
the purposes of water management shall be provided prior to subdivision master
plan approval.
10) This approval does not constitute agreement by the County to any control
elevation or discharge rate. All agreements shall be made with South Florida
Water Management DistricVBig Cypress Basin.
7.05 TRANSPORTATION
1) The developer shall provide appropriate left and/or right turn lanes on Airport
Road, Golden Gate Parkway and Livingston Road at all project accesses. This
provision shall be permitted and implemented along with a corresponding site
development plan or plat.
2) The developer shall provide arterial level street lighting at all project accesses.
This provision shall be permitted and implemented a long with a corresponding
site development plan or plat.
3) The developer shall provide a fair share contribution toward the capital cost of
traffic signals, including interconnection where applicable, at any project access
when deemed warranted by the County. The signals will be owned, operated
and maintained by Collier County.
4) Livingston Road Right of Way Dedication:
a) The developer shall dedicate sufficient right of way north of Golden Gate
Parkway to establish a right-of-way corridor 120 feet in width along the entire
length of the developer's property, taking into consideration the existing
Livingston Road right-of-way easement. Additional right-of-way within the
Florida Power and Light easement may be required subject to approval and
releases by Florida Power and Light. The developer shall pay, or may utilize
reduction of existing impact fee credits in the amount of $30,000 in full
satisfaction of the developer's obligation to reimburse the County for the
County's costs in negotiating and obtaining any approval and releases by
Florida Power and Light necessary to fulfill the 120 foot right-of-way width
requirements.
b) The developer shall dedicate 50' feet or road right of way south of Golden
Gate Parkway along the length of the developer's property. In addition, for a
(Revised 4/11/07)
36
distance of 200 feet south of Golden Gate Parkway, the developer shall
dedicate an additional 50 feet in width immediately west of the
aforementioned right-of-way. Said additional 50 feet in width may be in the
form of a 25 foot wide road right-of-way dedication and 25 foot wide
easement for drainage, water management, landscaping, and bikepath use.
For the next 800 feet south of Golden Gate Parkway, the developer shall
dedicate a strip of land tapering from 50 feet in width in the north to 0 feet in
width in the south, in a diminishing line immediately west of the
aforementioned right-of-way. Said additional property shall, to the extent it
exceeds 25 feet, be in the form of an easement for drainage, water
management, landscaping, and bikepath use. The "easements" (as opposed
to the dedications) specified herein may be used to satisfy all or part of the
setback, and buffer requirements for the adjacent property. The land to be
dedicated by the developer, as described above, consists of a total of 3.891
acres, and is identical to parcels 137 and 937 which are the subject of a
Stipulated Order of Taking, dated July 24, 1998, entered in Collier County
Circuit Court Case No. 98-1635 CA. The developer and County agree that
the developer shall be entitled to impact fee credits for the 3.891 acres
comprising parcels 137 and 937 at the rate of $85,000 per acre for a total
credit of $330,735 for this additional land dedication.
c) The requirement in Grey Oaks DRI Development Order 90-3 at paragraph
S.c. (iv) that the applicant build Livingston Road from Golden Gate Parkway
south to the beginning of the northern approach to the bridge over the Golden
Gate Canal (based upon the cost of a two lane rural roadway) shall be fully
satisfied by the reduction of existing or future impact fee credits, in the
amount of One Hundred Eighty-Five Thousand Dollars ($185,000).
5) The developer shall dedicate 40 feet of right-of-way along the north side of
Golden Gate Parkway west of Airport Road along the entire length of the
developer's property, shall incorporate the Golden Gateway Parkway drainage
into the water management system of the developer's project, and shall accept
all drainage from both a quality and quantity standpoint.
6) The developer shall dedicate 40 feet for right of way on each side of Golden Gate
Parkway between Airport Road and Livingston Road within four (4) months of a
written request from the County.
7) Collier County reserves the right to expand the lanes on Airport Road by
adjusting the cross section of the existing canal to incorporate road run off in the
lake system.
8) The developer shall dedicate sufficient right-of-way at the intersection of Airport
Road and Golden Gate Parkway to allow a grade separated urban interchange
with Golden Gateway Parkway being the grade separated roadway.
(Revised 4/11/07)
37
9) All traffic control devices used, excluding street name signs, shall conform with
the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747,
Florida Statues.
10) If Collier County adopts a proportionate share or area-wide transportation
assessment program, or modifies its Impact Fee Ordinance, to provide additional
credit for right-of-way dedication, the developer shall be entitled to such a credit
towards the 25 acres more or less of dedication. It is understood that the total
amount of land involved in these dedications is equal to 25 acres more or less.
11) The number, type, and location of, and allowable changes to project access
intersections with County roads shall be as set forth in Exhibit D-1 to the Grey
Oaks DRI/Grey Oaks Development Order.
12) Impact fee payments shall be made to Collier County pursuant to the Impact Fee
Ordinance in effect at the time of relevant permit application.
13) The County and the developer shall explore whether it would be in their individual
best interests and mutual advantage for the developer to incorporate some of the
storm water discharge from Golden Gate Parkway into the water management
system for the southeastern quadrant of Grey Oaks. In the event the parties
agree that it is in their respective best interest, cost sharing or impact fee credits
may be used to recompense the developer for costs associated with said
conveyance or storage.
7.06 UTILITIES
1) The water distribution system and appurtenant facilities to serve the project shall
be designed, constructed, conveyed, owned and maintained pursuant to the
requirements of the City of Naples.
2) The sewage collection, transmission and treatment and disposal facilities to
serve the portions of the project on the west side of Airport Road shall be
designed, construction, conveyed, owned, and maintained pursuant to the
requirements of the City of Naples.
3) Provisions for sewer service to those portions of the project lying on the east side
of Airport Road shall be as follows, unless a service area modification is
approved between the City of Naples and the Collier County Water-Sewer
District prior to the submissions of subdivision master plan applications to Collier
County for the project.
a)
The sewage collection and transmission and interim sewage treatment
facilities to serve the portions of the project on the east side of Airport
(Revised 4/11/07)
38
c)
d)
e)
f)
(Revised 4/11/07)
Road are to be designed, constructed, conveyed, owned and maintained
in accordance with applicable county ordinances and regulations.
b)
All customers connecting to the sewage collection facilities to be
constructed will be customers of the County and will be billed by the
County in accordance with the County's established rates. Should the
County not be in a position to provide sewer service to the project, the
sewer customers shall be customers of the interim utility established to
serve the project until the County's off-site water and/or sewer facilities
are available to serve the project.
It is anticipated that the County Utilities Division will ultimately receive and
treat the sewage generated by this project. Should the County system
not be in a position to receive the project's wastewater, at the time
development commences (that generates wastewater), the developer, at
its expense will install and operate interim on-site sewage treatment and
disposal facilities adequate to meet all requirements of the appropriate
regulatory agencies. An agreement shall be entered into between the
County and the developer, its assigns or successors, regarding any
interim treatment facilities to be utilized. The agreement must be legally
sufficient to the County, prior to the approval of construction documents
for the project and be in conformance with applicable County ordinances.
The utility construction documents for the project's sewerage system shall
be prepared to contain the design and construction of the on-site force
main, which will ultimately connect the project to the future central
sewerage facilities of the District in the Airport Road rights-of-way. The
force main must be extended from the main on-site pump station site to
the east right-of-way line of Airport Road and capped. It shall be
interconnected to the pump station with appropriately located valves to
permit for simple redirection of the project's sewage when connection to
the County's central sewer facilities becomes available.
Prior to the approval of construction documents that provide for
development that generates wastewater by the County, the developer
shall present verification pursuant to Chapter 367, Florida Statutes, that
the Florida Public Service Commission has granted territorial rights to the
developer to provide the service through its sewer facilities.
The project's developer(s), their assigns or successors shall negotiate an
Agreement with the Collier County Water-Sewer District for the use of
treated sewage effluent within the project limits for irrigation purposes.
The developer shall be responsible for providing all on-site piping and
pumping facilities from the County's point of delivery to the project and
negotiate with the County to provide full or partial on-site storage facilities,
39
as required by the DEP, consistent with the volume of treated wastewater
to be utilized.
g) All subdivision master plans shall identify the location of interim
wastewater treatment facilities required. In addition, documentation shall
be provided to verify that the site is of adequate size for the facility
intended.
7.07 SIGNAGE
1) General
a) All County sign regulations shall apply unless such regulations are in
conflict with the conditions set forth in this section.
b) For the purpose of this MPUD DocumenUOrdinance, each platted parcel
shall be considered a separate parcel of land and shall be entitled to any
sign as permitted herein.
c) Should any of the signs be requested be placed within the public right-of-
way, a right-of-way permit shall be applied for and approved.
d) All signs shall be located so as not to cause sight distance problems.
2) Entrance Signs
a) Two (2) signs with a maximum area of 60 square feet each or one (1) sign
with a maximum area of 100 square feet shall be permitted at each
entrance of the development.
b) Entrance signs shall not exceed a height of fifteen (15) feet above the
finished ground level of the sign site.
c) Entrance signs may be lighted provided all lights are shielded.
3) Project Signs
a)
Project signs, designed to promote the project, or any major use within the
project shall be permitted along the east and west sides of Airport Road,
the north and south side of Golden Gate Parkway, and the west side of
Livingston Road, and on all tracts within the Grey Oaks MPUD limits
subject to the following conditions:
(Revised 4/11/07)
40
i. Project signs shall not exceed a height of twenty (20) feet above the
finished ground level of the sign site nor shall the overall area of the
sign face exceed one hundred (100) square feet.
ii. A maximum of fourteen (14) project signs shall be permitted. Six (6)
located along Airport Road frontage, four (4) each located along
Golden Gate Parkway and Livingston Road frontage. The location of
such signs shall generally be limited to a one-quarter mile spacing
requirement unless existing vegetation requires a closer spacing. An
additional 5 intersection signs shall be permitted at the intersections of
Golden Gate Parkway with Airport Road and Livingston Road.
iii. Project signs may be lighted provided all lights are shielded.
7.08 ENGINEERING
1) Detailed paving, grading, site drainage and utility plans shall be submitted to
Engineering Review Services 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.
2) Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County Ordinances regulating
subdivisions, unless otherwise approved as an exception to said regulations
during subdivision approval.
3) Platting shall be accomplished when required by Collier County Ordinances
regulating subdivisions.
4) Work within Collier County right-of-way shall meet the requirements of the
applicable County ordinance.
5) Internal access into tracts as shown on the MPUD Master Plan is informational
only. Exact locations shall be determined during subdivision or site development
plan approval.
7.09 EXCEPTIONS TO SUBDIVSION REGULATIONS
Exceptions to subdivision regulations shall be requested at the time of application for
subdivision approval in accordance with applicable subdivision regulations in effect at
the time of development.
7.10 SCHOOL DISTRICT
(Revised 4/11/07)
41
The applicant shall dedicate a fifteen (15) acre school site to the Collier County
School District at a location (off-site) agreed upon between the developer and the
School District.
7.11 FIRE STATION/EMS SITE
The developer has conveyed a 1.5 acre site for use by the North Naples and the East
Naples Fire Districts, together with Collier County Emergency Medical Services
Department. The site was conveyed in fee simple, subject to the following conditions:
1) The site shall revert to the owner, or subsequent owner, if it is not utilized for a
fire and rescue facility for at least five (5) years.
2) If either fire district or the Emergency Medical Services Department adopts
impact fees the developer shall be entitled to impact fee credit for the dedicated
site based on the fair market value on the date of dedication.
7.12 AFFORDABLE HOUSING
Naples Grande Holdings, LLC shall commit to providing $1,000 per approved
residential dwelling unit located within property controlled by Naples Grande
Holdings, LLC. Payment shall be made to the Collier County Affordable Housing
Trust Fund at the time issuance of the certificate of occupancy. This $1,000 shall be
credited toward any additional affordable housing linkage fees that may be in effect at
the time of site development plan approval.
7.13 DEVELOPMENT OF REGIONAL IMPACT
The developer, its successors in interest, and all future assigns or designees, shall
adhere to all commitments made in the Development of Regional Impact (DRI)
Application for Development Approvals (ADA), sufficiency responses, and
attachments for this amendment and all previously adopted DRI Development Order
(DO) actions for this project.
(Revised 4/11/07)
42
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PUD MASTER PlAN - MAP H-l
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PlEPAIED FOB IW'LEB ClIWIlE HOl.IlNJll LLC
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 2007-40
Which was adopted by the Board of County Commissioners
on the 24th day of April, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of April, 2007.
DWIGHT E. BROCK
l" ,i/.'
Clerk of Courts amj;' t;'lerk ?
Ex-officio to Board Qf
. " <
County Commlsslone;rs
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By: Ann Jennejohn,
Deputy Clerk
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~LORIDA DEPARTMENT of STAT~
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHNES OF FLORIDA
KURT S. BROWNING
Secretary of State
June 15,2007
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letters dated June 13, 2007, and copies of Exhibits E-1 through E-4 of Collier County Ordinance No.
2007-40 which was filed in this office on May 1, 2007 and Exhibit "A" of Collier County Ordinance No.
2007-41, which was filed in this office on April 27, 2007.
As requested, one date stamped copy of each is being returned for your records.
Sincerely,
~~
Liz Cloud
Program Administrator
LC/lbh
Enclosure
DIRECTOR'S OFFICE
RA. Gmy Building. 500 South Bronough Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDO: 850.922.4085 . http://dlis.dos.state.n.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
ST A IE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850245.6282
t
June 13,2007
{:;oupty of Collier
CLERK OF THE CIRCU1T COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044 .
NAPLES, FLORIDA 34101-3044
.
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Dwight E. Brock
Clerk of Courts
Ms. Karlyn Solis
Department of State
Bureau of Administrative Code
RA Gray Building Room 101
500 S. Bronough Street
Tallahassee, Florida 32399-0250
Re: Ordinance Number: 2007-40
Dear Ms. Solis:
Transmitted herewith for the record are Exhibits E-I thru E-4 that were
inadvertently omitted from Collier County Ordinance 2007-40. The
ordinance with the enclosed exhibits, were adopted by the Board of
County Commissioners of Collier County, Florida, on Tuesday, April 24,
2007, during Regular Session. Please place these exhibits with the
Ordinance 2007-40 that was filed with you office on May 1,2007.
Thank you.
Very truly yours,
DWIGHT E. BROCK, CLERK
~~
Martha Vergara,
Deputy Clerk
This ordinance filed with the
Secretory of Stote's Office the
1Lj."tt.,doy of .Iunl!. ,2/JV "1
Qnd oc:knowledgeme'!t \\! that
filing r.eceived this ~ day
of.....l.J,!~ 2a:n
By 'N~b J1J~
o.puty CI
,.".." ..
Enclosure( S)
Phone- (239) 732-2646
Web site- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk(ti:clerk.collier.fl.us
MEMORANDUM
(VIA E-MAIL)
DA TE:
May 30, 2007
TO:
FROM:
Trish Morgan, Board Minutes and Records Manager
Kay D~lcm, Priucipal Planncr
SUBJECT: Grey Oaks MPUD
Ordinance No. 07-40
>,-'
"..",
.~.
On April 24, 2007, the Board approved Grey Oaks MPUD (Ordinance No. 07-40) and the
ordinance was tiled with thc Secretary of State on May 1,2007. It has comc to my attention that.
Exhibits E-I through E-4, which wcre prescntcd and approved by the Board, were inadvertently
Ict! out of the package that was delivered to the Clerk's Office for filing with the Secrctary of
Statc's Office.
Therefore, I am requesting that the attached Exhibits E-! through E-4 be filed with the
Secretary of State. Should you requirc any <tdditional information, pleasc do no hesitate to call.
Thank you.
e: Mmjorie M. Student-Stirling, Assistant County Attorney
07.CPS-00574f2 ]
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