Ordinance 2007-54
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\ ~ ~~ I[,~ i\N ORDINANCE OF THE BOARD OF COUNTY
C5'c"6'i> ;(,CC,1.,"J COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
.(Z9Z91.'17 AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM THE AGRICULTURAL
(A) ZONING DISTRICT TO THE MIXED-USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT
TO BE KNOWN AS THE TREE FARM MPUD CONSISTING OF
A MAXIMUM OF 175,000 SQUARE FEET OF COMMERCIAL
USES AND A MAXIMUM OF 425 RESIDENTIAL UNITS .
LOCATED AT THE INTERSECTION OF IMMOKALEE ROAD
(CR 846) AND COLLIER BOULEVARD (CR 951), IN SECTION
22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 58.84010 ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 07-..2L
WHEREAS, Robert Mulhere, AICP, of RW A, Inc., representing the Tree Farm
Land Trust, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property, known as petition PUDZ-2005-AR-
8284.
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
22, Township 48 South, Range 26 East, Collier County, Florida, is changed from the
Agricultural (A) Zoning District to the Mixed-Use Planned Unit Development (MPUD)
Zoning District for a project to be known as Tree Farm MPUD consisting of a maximum
of 175,000 square feet of commercial uses and a maximum of 425 residential units in
accordance with the Tree Farm MPUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The appropriate zoning atlas map or maps as described
in Ordinance Number 2004-41, as amended, the Collier County Land Development Code
is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of
County Commissioners of Collier County, Florida, this Z~ day of
~
,2007.
PUDZ-2005-AR-8284/MD/sp
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:.::DWlGI1T ,E.~R~K, CLERK
, ,,:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
"P~(0~C
It- . ~ Chi f~uty Clerk
- Ib. t (IIl;)J. ·
BY~~
JAM . COLETTA, CHAIRMAN
Approved as to form
and legal sufficiency:
'lJll ~.1'" ,tn &L.U!le..d:: -du iLL . ,
arjori . Student-Stirling t ,;\"
Assistant County Attorney ~
PUDZ-2005-AR-8284/MD/sp
20f2
This ordinance {-;!~"d with t~H;:
Secr~ary af Stote's Office the
~ day of ,'IlL LI ' ~q
and acknowledgement of thot
~i~i~Yed this ~'J{..,day
U~~4r!<---r
Deputy Clert.:
TREE FARM MPUD
A
MIXED-USE PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING THE TREE FARM MPUD,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
TREE FARM LAND TRUST
2600 GOLDEN GATE PARKWAY, SUITE 105
NAPLES, FLORIDA 34105
PREPARED BY:
nWTA~C
CONSULTING
..L.... Y y..L .....
6610 Willow Park Drive
Suite 200
Naples, Florida 34109
and
GEORGE L VARNADOE, ESQUIRE
PASSIDOMO, CHEFFY & JOHNSON, UP
821 FIFTH AVENUE SOUTH, SUITE 201
NAPLES, FLORIDA 34112
DATE REVIEWED BY CCPC:
DATE REVIEWED BY BCC:
ORDINANCE NUMBER:
AMENDMENTS AND APPEAL:
EXHIBIT "A"
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TABLE OF CONTENTS
LIST OF EXHffiIT AND TABLES
STATEMENT OF COMPLIANCE
SECTION I
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
SECTION III
COMMERCIAL MIXED-USE DISTRICT (C)
SECTION IV
RESIDENTIAL DISTRICT (R)
SECTION V
PRESERVE DISTRICT (P)
SECTION VI
DEVELOPMENT COMMITMENTS
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LIST OF EXHIBIT AND TABLES
EXHIBIT "A" MPUD MASTER PLAN
EXHIBIT "B" LEGAL DESCRIPTION
EXHIBIT "c" SCHEDULE OF DEVIATIONS
EXHIBIT "D" COMPLIANCE AGREEMENT
TABLE IA FLUE ELIGIBLE DENSITY
TABLE IB MPUD DENSITY
TABLE II PROJECT LAND USE DISTRICTS
TABLE ill DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
TABLE IV DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICT
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STATEMENT OF COMPLIANCE
The development of 01058.84 acres of property in Collier County, Florida, as a Mixed Use Planned
Unit Development (MPUD) to be known as the Tree Farm MPUD, shall be in compliance with the
goals, objectives, and policies of the Collier County Growth Management Plan (GMP), Land
Development Code (LDC) and other applicable codes and ordinances. The commercial and
residential uses and recreational facilities of the Tree Farm MPUD will be consistent with the
growth policies, land development regulations, and applicable comprehensive planning objectives of
each of the GMP elements for the following reasons:
I. The subject property is 58.84+/- acres in size and is designated Urban on the Future Land
Use Map, with 40.15 acres located within a residential density band of the Urban Mixed Use
District, Urban Residential Subdistrict, and 18.69 acres located within Commercial District,
Mixed Use Activity Center Subdistrict, as identified on FLUM. Consistent with the
provisions of Objective 1 of the Future Land Use Element (FLUE), all uses contemplated are
consistent with these respective designations.
2. Approximately 18.69 acres of the subject property is located within an area identified as
Activity Center #3 in the FLUE of the GMP for Collier County.
3. Activity Centers are the preferred locations for concentration of commercial and mixed use
development activities. The subject property is located on the northwest comer of the
intersection of Immokalee Road and the future Collier Boulevard (C.R. 951) Extension.
This strategic location will allow superior access to the site, and provide an ideal location for
commercial activities. The project is a mixed use development located within, and less than
one mile from, an Activity Center. Therefore, the proposed commercial uses and residential
densities are consistent with the FLUE of the Collier County GMP.
4. The development will be compatible and complimentary to existing and planned
surrounding land uses (Policy 5.4).
5. The project must comply with the provisions of Division 6.02.01, adequate public facilities
requirements of the LDC. Therefore it will implement, and further Objective 2 of the FLUE,
Objective 8 ofthe Transportation Element, Objective 1.2 of the Sanity Sewer Sub-Element. .
6. The maximum allowable density as set forth under the FLUE Density Rating System is as
follows:
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Mixed Use Activity
Center Subdistrict
Urban Residential
Subdistrict, Density
Band
Total
18.69
16
N/A
16
40.15
4
3
7
281.05
58.84 N/A N/A 9.85
Table IA: FLUE Eligible Density (* Rounded)
580.00*
Mixed Use Activity 18.69 7.70 16 143.91
Center Subdistrict
Urban Residential 40.15 4.00 7 281.05
Subdistrict, Density
Band
Total 58.84 7.22 9.85 425.00*
Table IB: MPUD Density (Rounded)
7. The MPUD sets forth a maximum density of 425 dwelling units or 7.22 dwelling units per acre.
The MPUD requires that a minimum of 15 percent of the density generated from the Activity
Center shall be constructed within the Activity Center portion of the project. Additionally, the
balance of the density accumulated from the Activity Center acreage shall be located within one
third (1/3) of a mile of the Activity Center boundary. The portion of the project within the
Activity Center shall be: developed at a human scale; pedestrian-oriented; and, interconnected
with the remaining portions of the project with pedestrian and bicycle facilities.
8. The MPUD has been designed to provide for future vehicular interconnectivity to the west, and
has been designed to provide vehicular, pedestrian and bicycle interconnectivity throughout the
project, including between the commercial and residential components.
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SECTION I
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 project
name of the Tree Farm MPUD.
1.2 LEGAL DESCRIPTION
BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY, FLORIDA.
PARCEL 1:
THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST
QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE
EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR
HIGHWAY RIGHT-OF-WAY.
PARCEL 2:
THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST
QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE
EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT
FOR HIGHWAY RIGHT-OF-WAY.
PARCEL 3:
THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST
QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT-
OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING
THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT -OF- WAY.
COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48
SOUTH, RANGE 26 EAST;
THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (1/4) OF SAID
SECTION 22,
S. 00051'06" E., A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED;
THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00051'06" E., A DISTANCE
OF 1334.40 FEET TO THE EAST QUARTER (1/4) CORNER OF SAID SECTION 22;
THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID
SECTION 22,
S. 00050'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE
OF A 100 FEET WIDE CANAL RIGHT-OF-WAY;
THENCE LEAVING THE SAID EAST LINE, N. 89057'31" W., A DISTANCE OF 660.13
FEET ALONG THE SAID NORTH LINE;
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THENCE LEAVING THE SAID NORTH LINE, N. 00044'25" W., A DISTANCE OF
2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER (114) LINE OF SAID
SECTION 22;
THENCE LEAVING THE SAID EAST-WEST QUARTER (1/4) LINE N. 00045'01" W., A
DISTANCE OF 1334.03 FEET;
THENCE N. 89056'17" E., A DISTANCE OF 653.36 FEET TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Thomas S. Monaghan (Folio: 00187400000, 00187400002, and 00188040005)
1.4 DEVELOPER
The Tree Farm property is intended to be developed by the Tree Farm Land Trust. All
reference to the "developer" as may be contained in this MPUD Document shall mean the
Tree Farm Land Trust, unless, and until the subject property described and depicted in this
MPUD Document is conveyed, or assigned. It is the responsibility of the Tree Farm Land
Trust to notifY Collier County, in writing, of the land conveyance, or assignment of the
subject property described and depicted in this MPUD Document within six months from the
actual conveyance, or assignment.
1.5 PHYSICAL DESCRIPTION
The development property is located in Section 22, Township 48 South, Range 26 East,
Collier County. It consists of 01058.84 acres located in the northwest corner of the intersection
of Immokalee Road (CR 846) and the future extension of Collier Boulevard (C.R. 951). The
property was previously used as a tree nursery. Improvements on the property consist of a
small maintenance shed and the property is generally without topographic relief, with the
average elevation at approximately 13 feet above mean sea level.
The water management system will consist of approximately 0107.2 acres of water
management areas that will receive runoff from structures and parking areas. Run-off is
collected by catch basins and culvert systems for conveyance to the project's internal lake
system. The project outfall will be at the project's eastern boundary. Discharge will be into
the Cocohatchee Canal that runs along Immokalee Road. Allowable discharge rates will be
in accordance with applicable County ordinances.
The water management system will be permitted by the South Florida Water Management
District (SFWMD) through the Environmental Resource Permit (ERP) process. All rules
and regulations of SFWMD will be imposed upon this project including, but not limited to:
storm attenuation with a peak discharge rate per Collier County and SFWMD Rules,
minimum roadway centerline, perimeter berm and finished floor elevations, and water
quality pre-treatment.
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1.6 PROJECT DESCRIPTION
The Tree Farm MPUD shall be a mixed-use development. The southern 01018.65 acres of the
property, located within Activity Center #3, shall allow for a variety of commercial and
residential uses. The remainder of the property shall be used for residential development.
The commercial land uses within the Activity Center portion of the property are those
typically associated with major intersections, including, but not limited to, convenience
stores with gas pumps, restaurants, banks, and shopping centers anchored by a major grocery
or retail store(s). The commercial uses and signage will be designed to be harmonious with
one another and will be compatible with adjacent and nearby land uses. In addition to
compliance with all applicable provisions of the LDC, except where deviations are
authorized, compatibility and harmony will be achieved by using common architectural
elements and common entryway signage and landscape design themes.
The amenities proposed to be provided as part of the residential portion of the project
include, but are not limited to structures (clubhouse), and complimentary areas (swimming
pool, children's playground, and tennis facilities) to provide social and recreational space,
lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and
active recreational opportunities.
Access to the property will be from the future extension of Collier Boulevard (C.R. 951) and
will include an access point off Immokalee Road, when a shared access agreement with the
adjacent property to the west is negotiated. The access from Immokalee Road will be
aligned with the access to the Pebblebrooke Subdivision located south of Immokalee Road,
and across from and to the west of subj ect property. Access from the future extension of
Collier Boulevard is depicted on the MPUD Master Plan as follows: a right in/right out
access at approximately 660 feet from the Collier Boulevard, Immokalee Road intersection;
a directional median opening at approximately one-quarter (1/4) mile from Collier
Boulevard, Immokalee Road intersection; and a full median opening at approximately one-
half (1/2) mile from the Collier Boulevard, Immokalee Road intersection. The directional
and full median openings will be aligned with the access points approved for the Heritage
Bay DRI, and all access points are subject to review and approval of Collier County
Transportation Services Division. Additionally, the project is designed to provide for
adequate land to accommodate the extension of Immokalee Road, the possibility of an
eventual six-laning of Collier Boulevard (adjacent to the project), and for the future
widening of Collier Boulevard, including intersection improvements and potential relocation
of the Collier Boulevard canal to facilitate such intersection improvements.
The Tree Farm MPUD will be served with centrally provided potable water, sanitary sewer,
electric power, and telephone facilities. Additional services will be provided as deemed
appropriate.
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I. 7 SHORT TITLE
This Ordinance shall be known and cited as the "Tree Farm Mixed-Use Planned Unit
Development (MPUD) Ordinance".
THIS SPACE INTENTIONALLY LEFT BLANK
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to generally describe the project plan of development,
relationships to applicable County ordinances, the respective land use districts within the
Tree Farm MPUD, as well as other project relationships.
2.2 DESCRIPTION OF PROJECT PLAN AND LAND USE DISTRICTS
The project Master Plan, including layout of streets and use of land is graphically illustrated
by Exhibit "A", MPUD Master Plan. There shall be three land use districts, portions of
which may include water management lakes or facilities, and private rights-of-way. A
breakdown of the Tree Farm MPUD land use districts and their respective acreages is
presented in Table I.
TABLE II
PROJECT LAND USE TRACTS
"e"
COMMERCIAL MIXED-USE 01018.69
"R"
RESIDENTIAL
PRESERVE
01039.64
0100.51
58.84
"P"
TOTAL
*
Note: the MPUD provides for a total of 7.42 acres of righl-of-way Reservation for
future exlension of lmmokalee Road, expansion of Collier Boulevard, and improvemenls
to the inlersection of Ihese two arlerial roadways. This righl-of-way reservation
includes 4.34 acres within Ihe "COO Commercial Mixed-Use Tract (Activity Cenler) and
3.08 acres wilhin the "R" Residential Tracl
2.3 MAXIMUM PROJECT DENSITY AND INTENSITY
A. The Commercial Mixed-Use District will be limited to :t18.69 acres within the
designated Activity Center. The Residential District will be limited to :t39.64 acres.
B. Intensity: A maximum of 175,000 square feet of commercial uses may be constructed
within the Commercial Mixed-Use District, of which a maximum of 143,500 square
feet may be retail and the balance (above 143,500 square feet) is limited to office use,
as set forth in Section 3.3 of this MPUD.
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C. Approved Density:
A maximum of 425 residential dwelling units may be constructed in the total project
area. The gross project area is 58.84010 acres. The gross project density, therefore,
will be a maximum of 7.22 dwelling units per acre. A minimum of 15 percent of the
density generated from the Activity Center acreage shall be constructed within the
activity center portion of the project. Additionally, the balance of the density
accumulated from the Activity Center acreage shall be located within one third (1/3)
of a mile of the Activity Center boundary. The portion of the project within the
Activity Center shall be developed at a human scale, be pedestrian-oriented, and be
interconnected with the remaining portion of the project with pedestrian and bicycle
facilities.
2.4 EXISTING STRUCTURES
The existing principal structures within the MPUD boundaries may be retained and utilized
through the construction and platting phases ofthe development.
2.5 NATIVE VEGETATION RETENTION REQUIREMENTS
A. A minimum of 0.51 acres (25% of the 2.02 acres of native vegetation on site) is
required to be retained or replanted. The Tract identified as "P," contain 0.51 +1_
acres, fully satisfying the native vegetation requirements.
B. This MPUD is subject to a Compliance Agreement entered into and made on June 6,
2005 by and between Collier County and the Tree Farm Land Trust, with respect to
vegetation removal on the subject property. This Agreement establishes that 0.51
acres of native preserve shall be provided within the MPUD. A copy of this
Compliance Agreement is attached as Exhibit "D".
2.6 RIGHTS-OF-WAY
At the discretion of the developer, the minimum right-of-way width to be utilized for all
internal project streets may be fifty feet (50'). Deviation #1 from Section 6.06.01(0) of the
LDC Utilization of lands within all project rights-of-way for landscaping, decorative
entranceways, and signage may be allowed subject to review and administrative approval by
the Community Development and Environmental Services Administrator, or his designee,
for engineering and safety considerations prior to installation.
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2.7 SIGNAGE
A. General
All signs will be provided in accordance with Chapter 5.06.00 of the LDC except in
the following instances.
1. Boundary marker monuments containing project identification signs designed
to identify the project, or any major use within the project, shall be permitted
in locations depicted on the MPUD Master Plan (Exhibit "A"). Said
boundary marker monument shall not exceed 6 feet in height as measured
from finished grade at the location of the boundary marker monument. The
sign face area for such boundary markers shall not exceed 64 square feet in
area and shall not exceed the height or length of the monument on which it is
located. If the sign is two-sided, each sign shall not exceed 64 square feet in
area. Each sign shall only contain the main project name, insignia or motto of
the entire development, and the developer's name and logo. Boundary marker
monuments shall be setback a minimum of 10 feet from any MPUD
perimeter property line. DEVIATION #2
2. One off-premises sign may be located to the west of the Tree Farm MPUD
generally located near the access to Collier Boulevard from the property
immediately adjacent to the west of Tree Farm MPUD. The off-premise sign
may deviate from the maximum 12 square foot size set forth in Section
5.06.04.C.15.b.i., but may not exceed 16 square feet in size, and may also
deviate from Section 5.06.04.C.15.b.v., which requires such off-site signs to
be located within 1000 feet of the intersection of the arterial roadway serving
the building, structure or use. DEVIATION #2
3. Signage, as permitted by the LDC or this MPUD, may be placed within the
right-of-way reservation tracts with approval from Collier County
Transportation Services Staff, provided that any such signage be removed or
relocated outside of the right-of-way reservation tract within which the
subject sign is located, within 60 days of written request to do so by Collier
County Transportation Services Division. The County shall bear no
responsibility for any costs to remove or relocated such signage.
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SECTION III
COMMERCIAL MIXED-USE DISTRICT (C)
3.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
District "C", Commercial on Exhibit "A", MPUD Master Plan. The general function and
purpose of this District is to provide the opportunity for diverse types of commercial
activities that deliver goods and services, including entertainment and recreational
attractions, to many segments of the population.
3.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET AND MINIMUM
RESIDENTIAL DEVLOPMENT
The 18.69 010 acre commercial area (District "C"), is limited to a maximum of 175,000
square feet of commercial/office uses, of which a maximum of 143,500 square feet may be
retail and the balance (above 143,500 square feet) is limited to office use. A minimum of
5,000 square feet shall be developed with professional or medical office use. A minimum of
15 percent of the density generated from the Activity Center acreage shall be developed
within the Commercial-Mixed-Use District, and the balance of the density generated from
the Activity Center acreage may be developed within 1/3 mile of the Activity Center
boundary. No more that 50% of the allowable commercial square footage may be developed
prior to the development of at least one-half of the minimum required dwelling units within
the Activity Center, and no more that 75% of the maximum allowable commercial square
footage may be developed prior to the development of the remaining 50% of the minimum
required residential dwelling units within the Activity Center.
3.3 PERMITTED USES
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. Principal Usesl:
1. Group 0742 - Veterinary services for animal specialties (except outdoor
kennel)
2. Establishments furnishing point-to-point communications services as outlined
under Major Group 48 in the Standard Industrial Classification Manual; no
communication towers are permitted.
3. Group 5231 - Paint glass, and wallpaper stores;
4. Group 5251 - Hardware stores;
I Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987
Edition.
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5. Group 5261 - Retail nurseries, lawn and garden supply stores;
6. Major Group 53 - General merchandise stores.
7. Major Group 54 - Food stores.
8. Group 5531 - Auto and home supply stores, not including any installation
facility;
9. Group 5541 - Gasoline stations, not including service facilities;
10. Group 7542 - Carwashes only.
11. Industry Group 555 - Boat dealers.
12. Major Group 56 - Apparel and accessory stores.
13. Major Group 57 - Home furniture, furnishings, and equipment stores.
14. Major Group 58 - Eating and drinking places.
15. Major Group 59 - Miscellaneous Retail. Industry Group Numbers: 596 _
nonstore retailers; 598 - and not including retail sale of fireworks.
16. Major Groups 60, excluding 6099 check cashing agencies, 61, 62, 63, 64,65,
and 67 in the Standard Industrial Classification Manual.
17. Group 7011 - Hotels and motels. The maximum floor area ratio for hotels
shall not exceed a factor of 0.60.
18 Establishments operating primarily to provide personal servIces for the
following Industry groups:
a. 721 - Laundry, cleaning, and garment services, only including Group
7211 - power laundries, family and commercial, Group 7215-
Coin-operated laundries and dry-cleaning, and Group 7217 _
carpet and upholstery cleaning;
b. 722 - Photographic portrait studios;
c. 723 - Beauty shops
d. 724 - Barber shops;
e. 725 - Shoe repair shops and shoeshine parlors;
f. 729 - Miscellaneous personal services, only including Group 7291
Tax return preparation services, and Group 7299 personal services,
not elsewhere classified, only including car title and tag service,
computer photography or portraits, costume rental, diet workshops,
electrolysis (hair removal), genealogical investigation service, hair
weaving or replacements service, dress suit or tuxedo rental, and
tanning salons.
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19. Establishments operating primarily to provide business servIces for the
following Industry Groups:
a. 731 - Advertising, not including Group 7312 outdoor advertising
. .
servIces agencIes;
b. 733 - Mailing, reproduction, commercial art and photography, and
stenographic services;
c. 735 - Group 7352 - medical equipment rental and leasing;
d. 737 - Computer programming, data processing, and other computer
related services, not including Group 7371 - computer programming
servIces.
20. Establishments primarily engaged in developing film and in making
photographic prints and enlargements for the trade or for the general public,
only including Group 7384, photo finishing laboratories.
21. Group 7513 - Truck rental and leasing, without drivers; Group 7514 _
passenger car rental; Group 7515 - passenger car leasing; and Group 7519-
utility trailer and recreational vehicle rental.
22. Group 7631 - Watch, clock, and jewelry repair, and Group 7699 - repair
shops and related services, not elsewhere classified.
23. Group 7832 - motion picture theaters, except drive-in, and Group 7841
video tape rental.
24. Major Group 79 - Amusement and recreation services, for the following
industry numbers:
a. Group 7911 - Dance studios, schools and halls
b. Group 7922 - Theatrical producers (except motion picture) and Group
miscellaneous theatrical services
c. Group 7941 - Professional sports clubs and promoters, only including
managers of individual professional athletes, and promoters of sports
events.
d. Group 7991 - Physical fitness facilities
e. Group 7999 - Amusement and recreation services, not elsewhere
classified, to include moped rental, motorcycle rental, rental of
bicycles, schools and camps-sports instructional, scuba and skin
diving instruction, sporting goods rental only.
25. Major Group 80 - Health services for the following industry groups:
a. 801 - Offices and clinics of doctors of medicine;
b. 802 - Offices and clinics of dentists;
c. 803 - Offices and clinics of doctors of osteopathy;
d. 804 - Offices and clinics of other health practitioners.
26. Major Group 807 - Medical and dental laboratories for the following industry
numbers:
a. Group 8071 - Medical laboratories;
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b. Group 8072 - Dental laboratories.
27. Establishments operating primarily to provide legal services as defined under
Major Group 81.
28. Group 8231 - Libraries.
29. Membership organizations engaged in promoting the interests of their
member as defined under Major Group 86.
30. Establishment operating primarily to provide engineering, accounting,
research, and management for the following Industry Numbers:
a. Group 8711 - Engineering services
b. Group 8712 - Architectural services
c. Group 8713 - Surveying services
d. Group 8721 - Accounting, auditing and bookkeeping services
e. Group 8732 - Commercial economic, sociological, and educational
research
f. Group 8741 - Management services
g. Group 8742 - Management consulting services
h. Group 8743 - Public relations services
L Group 8748 - Business consulting services.
31. Offices of government as defined under Major Group 91 - Executive,
legislative, and general government, except finance.
32 Residential multi-family dwelling units, whether in a free standing residential
building or located in a mixed commercial and residential building. Mixed
use buildings shall adhere to the development standards set forth in Table III
below. Residential units shall not be located on the first floor of a mixed use
building, and shall be subject to a minimum per unit floor area of 1,000
square feet. Residential buildings with no commercial component shall
adhere to the development standards set forth in Table IV.
B. Accessorv Uses
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
1. Parking facilities and signage
2. Uses and structures that are accessory and incidental to the permitted uses
within this MPUD Document.
3. One caretaker's residence.
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3.4 DEVELOPMENT STANDARDS
A. Table ill below sets forth the development standards for land uses within the Tree Farm
MPUD Commercial District. Standards not specified herein shall be those specified in
applicable sections of the LDC in effect as ofthe date of adoption of this Ordinance.
TABLE III
DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
MINIMUM LOT AREA
AVERAGE LOT WIDTH
MINIMUM YARDS External
From Immokalee Road Canal ROW
From Future Extension of Collier Blvd.
From Western Pro'eet Bounda
Side
Lakes
Preserves
15 ft.
10ft.
10 ft.
25 ft.
25 ft.
10 ft. or 1/2 the sum
building heights..
10ft.
10 ft.
10 ft.
20 ft.
10 ft.
o 10 ft.
MIN. DISTANCE BETWEEN STRUCTURES
MAXIMUM HEIGHT
Retail Buildin s with or without residential uses
Office Buildin s with or without residential uses
MINIMUM FLOOR AREA
MAX. GROSS LEASABLE COMMERCIAL AREA
62 ft...
65 ft. 77 ft. ...
1,000 sq. ft.....
175,000 sq. ft. .....
.
No structure may be located closer than 20 feet to the top of bank of a lake (allowing for the required
minimum 20 foot wide lake maintenance easement).
* * Whichever is greater.
... This is an estimate of Actual Height given the LDC definition thereof, and the following facts and
assumptions: a) the property is not located within a flood zone; b) the Actual Height set forth above
assumes a maximum of 3 feet of vertical feet in distance from existing ground elevation to the average
height of the centerline of the adjacent road and a maximum of 9 additional feet for architectural roof
treatments above the maximum Zoned Height limit; and c) the Actual Height cannot be fully ascertained
until an applicable Site Development Plan is submitted.
**** Per principal structure, kiosk vendor, concessions, and temporary or mobile sales structures shall be
pennitted to have a minimum floor area of twenty-five (25) square feet and shall be snbject to the
accessory structure standards set forth in the LDC.
..... Total allowable commercial square footage is 175,000 square feet,; however no more than 143,500 may
be retail and the balance, above 143,500 square feet, if developed, shall be office.
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SECTION IV
RESIDENTIAL DISTRICT (R)
4.1 PURPOSE
The purpose of this section is to identify specific development standards for areas designated
as "R" on the MPUD Master Plan, Exhibit "A". Residential uses, infrastructure, perimeter
land use buffers, signage, as well as project recreational/social facilities will occur within
this District.
4.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the MPUD shall be
established at the time of development plan review, but shall not exceed 425 residential
dwelling units. Since 15% of the density generated from the Activity Center acreage are
required to be developed within the Commercial Mixed Use District, and the remaining density
generated from the Activity Center acreage must be developed within 1/3 mile of the Activity
Center boundary (as depicted on Exhibit A, the MPUD Master Plan), the remainder of the
dwelling units may be developed north of the line on the MPUD demarcating the 1/3 mile
distance from the Activity Center boundary. For the purpose of calculating the project density,
4 assisted living facilities (ALF) units shall constitute I residential dwelling unit and the
maximum number of ALF units shall not exceed 150 units.
4,3 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:
A. Principal Uses:
I. Single-family attached dwellings (including townhouses intended for fee simple
conveyance);
2. Zero lot line dwellings;
3. Single-family detached dwellings;
4. Duplexes, two-family dwellings;
5. Multiple-family dwellings;
6. ALF with ancillary medical uses and personal services for residents and their
guests, including but not limited to, beauty salon, bank, pharmacy and
convenience store. (Such ancillary medical or personal service uses shall only be
accessed from inside the ALF (no exterior access), and shall not exceed 2,000
square feet in aggregate. No external signage or advertising shall be permitted in
support of these ancillary medical or personal service uses.
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B. Accessory Uses:
1. Customary accessory uses and structures including, but not limited to clubhouses,
private garages, swimming pools with, or without screened enclosures, tennis
courts, tot lots, playgrounds and other outdoor recreation facilities.
4.4 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Condominium, and/or homeowners' association boundaries shall not be
utilized for determining development standards.
B. Minimum Residential Density within Activity Center: A minimum of 15 percent of
the density generated from the Activity Center shall be constructed within the 18.69
acre Mixed Use Activity Center portion of the project, and the balance of the density
accumulated from the Activity Center may be developed within 1/3 mile of the
northern boundary of the Activity Center, or within the Activity Center.
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TABLE IV
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT
STANDARDS SINGLE. TWO-FAMILY,
SINGLE. FAMILY PATIOu & CLUBHOUSE!
FAMILY ATTACHED & ZERO LOT MULTI RECREATION
DETACHED TOWNHOUSE LINE FAMILY BUILDINGS'
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 2,250 S.F 10,000 S.F. 10,000 S.F.
PER UNIT PER UNIT PER UNlr
MINIMUM LOT WIDTH 35 FEET 20 FEET 35 FEET 100 FEET N/A
MINIMUM FLOOR AREA 1,000 S.F. 1.000 SF. 1,000 S.F. 1,000 S.FID.U. N/A
MIN FRONT YARD 15 FEET 15 FEET IS FEET 15 FEET N/A
MIN SIDE YARD 6 FEET o FEET or o FEET or 15 FEET N/A
6 FEET 6 FEET
MIN REAR YARD 15 FEET 15 FEET IS FEET 20 FEET N/A
MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET
MIN. DIST.
BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET 20 FEET or N/A
Y2 ZONED BH,
WHICIHEVER
IS GREATER
MAX. ZONED HEIGHT 2 STORIES NTE 2 STORIES NTE 2 STORIES NTE 3 STORIES NTE 2 STORIES NTE
42 FEET 42 FEET 42 FEET 50 FEET 50 FEET
ACTUAL HEIGHT; 54 FEET 54 FEET 54 FEET 62 FEET 62 FEET
ACCESSORY STRUCTURES
FRONT 10 FEET 10 FEET 10 FEEr 10 FEET N/A
SIDE 5 FEET 5 FEET 5 FEET 5 FEET N/A
REAR 5 FEET 5 FEET 5 FEET 5 FEET N/A
PRESERVE SETBACK; 10 FEET 10 FEET 10 FEET 10 FEET N/A
MAX. BLDG. HT. SPS SPS SPS 3 STORIES NTE 2 STORIES NTE
NOT ro EXCEED 42 FEET 42 FEET
S.P.S.: Same as Principal Structures.
NTE: Not To Exceed
BH: Building Height
General Notes:
Front yards shall be measured as follows: If the parcel is served by a public or private right-af-way, setback is measured from
the adjacent right-ofway line.
If Ihe porcel is served by a private road. setback is measured from Ihe back of curb (if curbed) or edge of pavement (if not
curbed).
Setback from lake easements for all accessory uses and structures may be zero feet (0 ').
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No structure, other than those permitted within the LDe to be located within a required landscape buffer tract or
easement, shall encroach into a required landscape buffer tract or easement.
Footnotes
I) A palio home is a delached or semi-delached single-jilmily unit from ground 10 roof wherein each dwelling
unillot is enclosed by a wall located at Ihe lot line, thus crealing a privale yard between Ihe house and Ihe
wal/.
2) Setback may be eilher zero feel (0 J on one side and six feel (6 J on Ihe other side in order 10 provide a
minimum separation between principal structures of twelve feet (12). At the time of application for subdivision
plat approval for each lract, a 101 layout depicling minimum yard selbacks and building footprint shall be
submitted
3) Fronlloading garages shall have a minimum front yard setback of twenty-three feet (23 J, as measured from
Ihe back of sidewalk Side loaded garages may be localed less Ihan twenty-three feel (23 J feel from the
back of sidewalk provided Ihallhe driveway design allows for parking of vehicles so as nol to interfere with
or block the sidewalk. These provisions apply to a garage whether attached to the principal structure or
detached
4) Allhough neither selbacks nor separation between slruclures are applicable 10 Ihe clubhouse and olher
recreation structures located on the clubhouse tract, neither the clubhouse or any other recreational
struclures shall be localed closer than twenty (20) feel from any residential building or residenlial or
preservation tract boundary.
5) This is an estimate of actual heighl given Ihe LDC definition Ihereof. and Ihe following facts and
assumptions: a) Ihe property is not localed within aj/ood zon~; b) Ihe actual heighl selforlh above assumes
a maximum of 3 feel of vertical feel in dislance from exisling ground elevation 10 Ihe average heighl of the
centerline of the adjacent road and a maximum of 9 additional feet for architectural roof treatments above
Ihe maximum zoned height limit; and c) the aclual height cannol be fUlly ascerlained unlil an applicable sile
development plan is submilied
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SECTION V
PRESERVE AREA (P)
5.1 PURPOSE
The purpose of this section is to set forth the development plan for areas designated as
District "P", Preserve Area on Exhibit "A", MPUD Master Plan. The primary function and
purpose of this District is to preserve and protect vegetation and naturally functioning
habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state.
5.2 USES PERMITTED
A. Principal Uses:
1. Open spaces/nature preserves.
B. Accessorv Uses:
1. Water management structures.
2. Mitigation areas.
3. Passive recreational uses such as pervious nature trails or boardwalks shall be
allowed within the preserve areas, as long as any clearing required to
facilitate these uses does not impact the minimum required vegetation. For
the purpose of this Section, passive recreational uses are those uses that
would allow limited access to the preserve in a manner that will not cause any
negative impacts to the preserve, such as pervious pathways, benches and
educational signs. Fences may be utilized outside of the preserve to provide
protection of the preserve in accordance with the applicable requirements set
forth in the LDC. Fences and walls shall not be permitted within the preserve
area. Perimeter berms and swales shall be located outside preserve
boundaries.
C. The .51 acre preserve tract depicted on the MPUD Master Plan shall be re-vegetated
in compliance with MPUD Exhibit "D", Compliance Agreement, and in accordance
with the applicable provisions of the LDC.
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SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section IS to set forth the development commitments for the
development of the project.
6.2 GENERAL
All facilities shall be constructed in accordance with SDP, subdivision plans (if required),
and all applicable State and local laws, codes, and regulations applicable to this MPUD.
Except where specifically noted or stated otherwise, the standards and specifications of the
LDC shall apply to this project, even if the land within the MPUD is not to be platted. The
developer, its successors and assigns, shall be responsible for the commitments outlined in
this Document.
The developer, its successors or assignee, shall follow the Master Development Plan and the
regulations of the MPUD, as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successors or assignee in title to
the developer are bound by any commitments within this Document. These commitments
may be assigned or delegated to a condominium! homeowners' association to be created by
the developer. Upon assignment or delegation, the developer shall be released from
responsibility for the commitments.
6.3 TRANSPORTATION
The development of this MPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer and Collier County shall have no responsibility for maintenance of any
such facilities.
B. If any required turn lane improvement requires the use of existing County rights-of-
way or easements, compensating right-of-way shall be provided without cost to
Collier County as a consequence of such improvement.
C. 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 fair share cost of such improvement shall
be borne by the developer.
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D. The applicant shall reserve rights-of-way for the future Collier Boulevard extension
and Immokalee Road expansion and intersection improvements as depicted on the
MPUD Master Plan (Right-of-way Reservations Tracts A, B, and C, totaling 7.42 +/-
acres). The applicant shall receive impact fee credits in exchange for Right-of-way
Reservation Tract B (0.47 acres), but shall not receive impact fee credits for the
reservation and eventual dedication of Right-of-way Reservation Tracts A and C.
The applicant shall convey by deed, in fee simple, at no cost to the County (other
than the aforementioned impact fee credits for Tract B) all lands reserved as depicted
on the MPUD Master Plan (as noted herein) within 90 days of written request of the
County.
E. The applicant shall construct a twelve foot (12') asphalt greenway within the
Immokalee Road canal right-of-way, or within the adjacent right-of-way reservation
area, at the discretion of the Collier County Transportation Services Division. The
greenway shall be located on the north side of the canal and shall connect to the
greenway that Collier County is constructing to the west of the Tree Farm MPUD
property. The developer shall provide five (5) parking spaces for public use in close
proximity to and accessible from the greenway. These parking spaces may be located
within the Commercial Tract, and may be located within the Right-of-way
Reservation Tract "A" on a temporary or permanent basis, with approval from
Collier County Transportation Services Division. The greenway shall be constructed
prior to the issuance of the first certificate of occupancy (CO) within the MPUD.
F. The applicant shall design the project stormwater management system so as to accept
and treat stormwater from fifty percent (50%) of the impervious area of proposed
extension of Collier Boulevard adjacent to the Tree Farm MPUD, in accordance with
South Florida Water Management District permitting requirements.
G. The applicant shall be responsible for fair share costs of improvements to the
Immokalee Road/Collier Boulevard intersection, including bridge replacement and/or
widening as may be necessary to construct a minimum of two north and two
southbound through lanes as well as necessary turn lanes.
H. The applicant shall ensure that any easements necessary to facilitate interconnections
to properties to the west as shown on the MPUD Master Plan shall be granted by the
appropriate instrument(s) at the time of submittal of the first development order
application.
I. No certificate of occupancy (CO) for development within the Tree Farm MPUD will
be issued until 6 laning of the following roadway segments has been substantially
completed (that is fully open to traffic):
1. Immokalee Road from Collier Boulevard west to 1-75
2. Immokalee Road from Collier Boulevard East to 43cd Avenue N.W.
3. Collier Boulevard from Immokalee Road south to Golden Gate Boulevard.
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J. Should it become necessary or desirable to construct a wall to mitigate the impacts of
noise from Collier Boulevard or Immokalee Road, the developer shall be responsible
for the costs of designing and installing said wall or walls for the portion adjacent to
the project boundary.
6.4 UTILITIES
The development of this MPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. The developer shall reserve two areas to be granted as easements to Collier County
for raw water wells. The dimensions of these well easements shall not to exceed 100
feet by 100 feet. The approximate location of these well easements is depicted on the
MPUD Master Plan. The northerly raw water well easement site is located at the
northeastern corner of the MPUD, and can be accessed from Immokalee Road
Extension. There are two possible locations for the southerly raw water well
easement site, Option A is located on the westerly boundary of the project, south of
the "P" Preserve Tract, and is adjacent to an internal drive which, if selected, will
include the necessary access and utility easements. Option B is located at the
southeast comer of the project and is located adjacent to Right-of-way Reservations
Tracts A and B, and can be accessed from Immokalee Road Extension. The grant of
these easements shall occur at the time of site development plan or final plat
approval for the area within the development phase that contains the respective well
easement sites. At the time of the site development plan and/or final plat submittal,
the developer shall provide the well site easement that meets the standard setback
requirements for water wells. The developer shall also provide a temporary access
easement within Right-of-way Reservation Tract C should the Collier County
Utilities Division require access to the well sites prior to the grant of said right-of-
way to Collier County.
6.5 ENVIRONMENTAL
A. The development shall comply with the guidelines and recommendations of the u.s.
Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation
Commission (FFWCC) regarding potential impacts to "listed species". A Big Cypress
Fox Squirrel Management Plan shall be submitted to Environmental Services Staff for
review and approval prior to site plan/construction plan approval. Where protected
species are observed on site, a Habitat Management Plan for those protected species, or
their habitats shall be submitted to Environmental Services Staff for review and approval
prior to site plan/construction plan approval.
6.6 AFFORDABLE-WORKFORCE HOUSING:
A. The applicant shall provide 15% of the total units built in the project in the
affordable housing price range or workforce housing, i.e., for those who earn up to
150% of the median income as calculated annually using the Collier County median
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income figure for a family of four as determined by the United States Housing and
Urban Development Department (HUD). The applicant will use the most current
median income figure as defined above at the time of sale to determine if that unit
falls into the 150% median income or below. Currently, that would allow a sales
price of up to $321,000. The applicant will provide verification of the sales prices to
Collier County's Housing and Human Services Department. The form of verification
shall be determined between the applicant and the Collier County Housing and
Human Services Division.
B. The applicant shall make voluntary contributions to the Collier County Affordable
Housing Trust Fund of $1,000 per dwelling unit and $0.50 per commercial square
foot built in the project.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-54
Which was adopted by the Board of County Commissioners
on the 26th day of June, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of July, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board oj' .
County Commission~rs;
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\\ ~ P b(aftt;t~
~: Teresa Polaski,
Deputy Clerk