Ordinance 2009-66
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;;<200 n~cl ORDINANCE o::~::::~Oo:9~~:TY COMMISSIONERS
'<;.G?:SZLl,:J OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 98-71, OAK GROVE, A PLANNED UNIT DEVELOPMENT
(PUD), PROVIDING FOR AMENDMENT TO EXHIBIT A, THE PUD
DOCUMENT, TO REMOVE 6.13 ACRES FROM THE PUD;
PROVIDING FOR AMENDMENTS TO ADD MAP OF EXISTING
CONDITIONS; PROVIDING FOR AMENDMENTS TO THE LEGAL
DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 8, 1998, The Board of County Commissioners approved
Ordinance Number 98-71, which established Oak Grove, a Planned Unit Development (PUD)
zoning classification; and
WHEREAS, LCS-Westminster Naples LLC, represented by Robert L. Duane, of Hole
Montes, Inc., and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A.,
petitioned the Board of County Commissioners to amend the Oak Grove PUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION I: AMENDMENTS TO EXHIBIT A, THE PUD DOCUMENT, OF ORDINANCE
NUMBER 98-71, THE OAK GROVE PUD
Exhibit A, the Development Plan document (hereafter "Development Plan"), to Ordinance
Number 98-71 is hereby amended and superseded by Exhibit A attached hereto.
SECTION II: ADD EXHIBIT A-I, MAP OF EXISTING CONDITIONS
Exhibit A-I, Map of Existing Conditions, is hereby added to the Development Plan and attached
hereto and incorporated by reference herein.
SECTION III:
AMENDMENTS TO THE LEGAL DESCRIPTION
The Legal Description, Exhibit B of the Development Plan, is hereby replaced with a new Legal
Description, attached hereto and incorporated by reference herein.
PUDA-2008-AR-14090
REV. 7/30/09
Page I of2
SECTION IV: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this / St- day of oom1tr ,2009.
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BOARD OF COUNTY COMMISSIONERS
COLL/~ COUNTY, FL9RI~A
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BY:
DONNA FIALA, Chairman
Approved as to form and legal
sufficiency:
eidi Ashton-Cicko
Section Chief, Land Use/Transportation
CP\09-CPS-0092I \21
This ordinance filed with the
S9<iretory of ~s Off~g~
-=::I- day of I - I _~,
and acknow'edgem€lt of thet
fill received t.tli iss .J, day
of .. ~
PUDA-2008-AR-14090
REV. 7/30/09
Page 2 of2
OAK GROVE
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
EXHIBIT A
Prepared by:
HOLE, MONTES AND ASSOCIATES, INC.
715 Tenth Street South
Naples, Florida 34102
August, 1998
HMA File No. 98.25
REVISED MAY 2009
BY:
HOLE MONTES, INC.
950 ENCORE WAY
NAPLES, FL 34110
HM FILE No. 2007.115
And
Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A.
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
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T ABLE OF CONTENTS
Page
SECTION I - Statement of Compliance............................................... ............-l- 1-1
SECTION II - Property Ownership, Legal Description and Short Title........... ..........~ II-I
SECTION III - Statement of Intent and Project Description................ .......... ........4 111-1
SECTION IV - General Development Regulations.......................... ......... ..........~ IV-I
SECTION V - Permitted Uses and Dimensional Standards.......................... ..........9-V-l
SECTION VI - Environmental Standards........ ............ .................... ............. ...H.VI-I
SECTION VII - Transportation Requirements............. .............................................+4- VII-I
SECTION VIII - Utility and Engineering Requirements.............. ............................-l-6-VIII-I
SECTION IX - Water Management Requirements.............. ....................................-1-& IX-I
EXHIBITS
Exhibit A - PUD Master Plan
Exhibit A-I - Oak Grove Existing Conditions (added as part of 9/15/09 PUD amendment to
reflect as-built conditions on the site)
Exhibit B - Legal Description
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SECTION I
Statement of Compliance
The development of approximately 137.43 131.3 acres of property in Collier County, as a
Planned Unit Development, to be known as Oak Grove, will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan. The
residential and recreational facilities of Oak Grove will be consistent with growth policies, land
development regulations, and applicable comprehensive planning objectives of each ofthe
elements of the Growth Management Plan for the following reasons:
I. The subject property is within the Urban Mixed Use Residential Land Use Designation as
identified on the Future Land Use Map as required in Objective I, Policy 5.1 and 5.3 of
the Future Land Use Element.
2. The Urban Mixed Use Residential designation is intended to provide locations for the
development of higher densities and intensities ofland use and permits up to four (4)
dwelling units per acre. Therefore, the proposed five hundred and fifty (550) five
hundred and twenty-five (525) dwelling units are consistent with the Collier County
Growth Management Plan, based on (13 7.43) (131.3) acres x four (4) dwelling units per
acre.
3. The subject property's location in relation to the existing or proposed community
facilities and services permits the development's residential density as required in
Objective 2 of the Future Land Use Element.
4. The project development is compatible and complementary to existing and future
surrounding land uses as required in Polic)' 5.4 ofthe Future Land Use Element.
5. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 ofthe Future Land Use Element.
6. The project development will result in an efficient and economical extension of
community facilities and services as required in Policies 3.IH and L of the Future Land
Use Element.
7. The project development is planned to incorporate natural systems for water management
in accordance with their natural functions and capabilities as may be required in
forthcoming regulations required by Objective 1.5 of the Drainage Sub-Element ofthe
Public Facilities Element.
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8. Provisions have been included within the PUD Document to provide two means of
ingress and egress from Orange Blossom Drive and Livingston Road to the project. The
proposed extension of these roadways will assure adequate traffic circulation and non-
substantial impacts to the existing and proposed traffic network of the area.
9. All final Development Orders for this project are subject to the Collier County
Concurrency Management System, as implemented by the Adequate Public Facilities
Ordinance.
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SECTION II
Property Legal Description and Short Title
2.1 Property Ownership
Following the approval of this rezoning request, +he the subject property is currently
under a contract for sale to Mark Bates at the time of this rezoning request. will be
comprised of the owners of the 524 dwelling units that have been built in the Oak Grove
PUD and one dwelling unit that remains to be built.
2.2 Legal Description
Being a part of Section I, Township 49 South, Range 25 East, Collier County, Florida,
and, more particularly, described in Exhibit "B".
2.3 General Description of Property
The property is located approximately one-half mile east of Airport Road and one and
one-half miles north of Pine Ridge Road along the proposed extension of Livingston
Road. The zoning ofthe subject property prior to the application of zoning is Rm=al
Agriculture (1\.) the Oak Grove PUD.
Physical Description
The drainage plan for the Oak Grove PUD will consist of five (5) drainage basins and
five lakes. Lake 1, the largest ofthe new lakes, will incorporate the existing 1.96 acre
lake immediately adjacent to the existing wetland lake. It will serve as the most
downstream lake with Water Control Structure 4 serving as the outfall for the entire
project. Control Structure 4 will discharge into Canal D-2, which is the storm water
receiving body under pre-developed conditions. Existing site elevations vary from 11.5
to 12.5 NGVD. Soil types on site are: (3) molsbar fine sand, (16) oldsmar fine sand,
(25) Boca Riviera, Limestone Sub-Stratum and Copeland Fine Sand Depression and (25)
Holopaw Fine Sand. The property is located in Flood Zone X.
Short Title
This ordinance shall be known and cited as the "Oak Grove Planned Unit Development
Ordinance" .
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SECTION III
Statement of Intent and Project Description
3.1 Introduction
It is the intent of this ordinance to establish a Planned Unit Development meeting the
requirements as set forth in the Collier County Land Development Code (LDC) that will
permit fiye hundred and fifty (550) five hundred and twenty-five (525) dwelling units for
the subject property. The purpose ofthis document is to set forth guidelines for the future
development ofthe project that meet accepted planning principles and practices, and to
implement the Collier County Growth Management Plan.
3.2 Proiect Description
The project is comprised of 137.43 131.3 acres located within the northern half of Section
1, Township 49 South, Range 25 East, approximately one-half mile east of Airport Road
and one and one-half miles north of Pine Ridge Road.
Access to Oak Grove is provided from both Orange Blossom Drive, presently a sixty (60)
foot right-of-way, running west to a median opening at Airport Road that is proposed to be
extended through the subject property and the adjacent property to the south to intersect
with Livingston Road. Access is also proposed from Livingston Road, running south to
its intersection with Pine Ridge Road for which the project will dedicate 275 feet of
R.O.W. or:l: 13.29 acres. The project will provide for a range of housing types, including
single family and multi-family development at four (4) dwelling units per acre.
3.3 Land Use Plan and Project Phasing
A. The PUD Master Plan contains a total of six (6) tracts consisting of development
areas and three (3) tracts one development area that provides for single family,
duplex, multi-family and clubhouse recreational areas consisting of wetlands,
open spaces, lakes, and street right-of-way. The Master Plan is designed to be
flexible with regard to the placement of buildings, tracts and related utilities and
water management facilities. More specific commitments will be made at the
time of site development plan and permitting approval, based on compliance with
all applicable requirements of this ordinance, the LDC and Local, State and
Federal permitting requirements. All tracts may be combined or developed
separately subject to compliance with the applicable dimensional requirements
contained within this document.
B. The anticipated time of build out ofthe project is approximately five (5) years
from the time of issuance of the first building permit. The proiect is essentially
built out at the time ofthis application for a rezoning request.
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SECTION IV
General Development Regulations
The purpose of this Section is to set forth the development regulations that may be applied
generally to the development of the Oak Grove Planned Unit Development and Master Plan.
4.1 General
The following are general provisions applicable to the PUD Master Plan.
A. Regulations for development of the Oak Grove PUD shall be in accordance with
the contents of this document, the PUD-Planned Unit Development District and
other applicable sections and parts ofthe Collier County Land Development Code
(LDC) and Growth Management Plan in effect at the time of issuance of any
development order to which said regulations relate which authorizes the
construction of improvements. The developer, his successor or assignee, agree to
follow the PUD Master Plan and the regulations ofthis PUD as adopted and any
other conditions or modifications as may be agreed to in the rezoning ofthe
property. In addition, any successor in title or assignee is subject to the
commitments within this agreement.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building permit
application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Oak Grove PUD shall become part of the regulations
which govern the manner in which this site may be developed.
D. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions ofDiv. 3.15 Adequate Public Facilities
of the LDC at the earliest or next to occur of either final SDP approval, final plat
approval, or building permit issuance applicable to this development.
E. Unless specifically waived through any variance or waiver provisions from any
other applicable regulations, the provisions of those regulations not otherwise
provided for in this PUD remain in full force and effect.
4.2 Site Clearing and Drainage
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the Collier County LDC and the standards and commitments of this document at the
time of construction plan approval.
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4.3 Easements for Utilities
Easements, where required, shall be provided for water management areas, utilities and
other purposes as may be required by Collier County. All necessary easements,
dedications or other instruments shall be granted to ensure the continued operation and
maintenance of all services and utilities. This will be in compliance with applicable
regulations in effect at the time construction plans and plat approvals are requested.
4.4 Amendments to the Ordinance
The proposed PUD Master Plan is conceptual in nature and subject to change within the
context of the development standards contained in this ordinance.
Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section
2.7.3.5 of the Collier County LDC, as revised, in effect at the time the amendment is
requested.
4.5 Proiect Plan Approval Requirements
Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if
required) shall be submitted for the entire area covered by the PUD Master Plan. All
division of property and the development of the land shall be in compliance with the
subdivision regulations set forth in Section 3.2 ofthe LDC.
Prior to the recording ofthe final subdivision plat, when required by the Subdivision
Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements
shall receive the approval of all appropriate Collier County governmental agencies to
ensure compliance with the PUD Master Plan, the County Subdivision Regulations and
the platting laws ofthe State of Florida.
Prior to the issuance of a building permit or other development orders, the provisions of
Section 3.3, Site Development Plans shall be applied to all platted parcels, where
applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the
development of all tracts as shown on the PUD Master Plan.
4.6 Provision for Off-Site Removal of Earthen Material
The excavation of earthen material and its stockpiling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted. If, after
consideration of fill activities on buildable portions of the project site, there is a surplus
of earthen material, offsite disposal is also hereby permitted subject to the following
conditions:
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A. Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal
shall not exceed ten (10) percent of the total volume excavated up to a maximum
of 20,000 cubic yards.
B. A timetable to facilitate said removal shall be submitted to the Development
Services' Manager for approval. Said timetable shall include the length of time it
will take to complete said removal, hours of operation and haul routes.
C. All other provisions of Section 3.5 of the LDC are applicable.
4.7 Sunset and Monitoring Provisions
Oak Grove PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for
Approved PUD Master Plans and Section 2.7.3.6 Monitoring Requirements.
4.8 Polling Places
Any community recreation/public building/public room or similar common facility
located within the Oak Grove PUD may be used for a polling place, if determined
necessary by the Board of County Commissioners upon recommendation of the
Supervisor of Elections in accordance with Section 2.6.30 of the LDC.
4.9 Native Vegetation
The project will meet the native vegetation requirements ofDi';ision 3.9, Vegetation
Remoyal, Protection and Preservation of the LDC for the subject property. The original
PUD provided 5.91 acres of wetland preserve, which included 1.60 acres of native
vegetation. The wetland preserve acreage has been reduced to 4.31 acres, which includes
.43 acres of native vegetation. This reduction of preserve is due to the Livingston Road
Right-of-Way impact which imvacted 1.6 acres of the wetland preserve; of which 1.17
acres of native vegetation was impacted. The native vegetation existing onsite at the
time of development was 1.60 acres. Therefore, the minimum required native vegetation
preserve is 0.40 acres (1.60 x 25%). The existing 4.31 acre wetland preserve will
remam.
4.10 Open Space
In addition to the areas designated on the PUD Master Plan as buffers and lakes, open
space will be allocated within each subsequent development area. Open space may be in
the form of landscaping, additional buffers, passive or active recreation areas and water
management facilities. The total aggregate of such open space areas shall meet or exceed
the open space requirements of Sec. 2.6.32 ofthe LDC, which requires a minimum of
sixty (60) percent for residential developments. Areas dedicated to Collier County for the
extension of Livingston Road and Blossom Drive may be counted towards the total open
space requirements should the need arise.
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4.11 Archaeological Resources
The developer shall be subject to Section 2.2.25.8.1 ofthe LDC pertaining to
archaeological resources in the event they are contained on the property.
4.12 Common Area Maintenance
Common Area Maintenance, including the maintenance of common facilities, open
spaces, and water management facilities shall be the responsibility of a home owners'
association to be established by the developer.
4.12 Dedication of Public Facilities
Dedication of road right-of-ways and public facilities shall be in accordance with Section
2.2.20.3.7 of the LDC.
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SECTION V
Permitted Uses and Dimensional Standards
5.1 Purpose
The purpose of this Section is to identify permitted uses and development standards for
areas within the Oak Grove PUD designated for residential development on the PUD
Master Plan, Exhibit "A".
5.2 Maximum Dwelling Units
Five htmdred and fifty (550) Five hundred and twenty-five (525) dwelling units are
permitted within the Oak Grove PUD, based on a density of four (4) dwelling units per
gross acre.
5.3 General Description
The PUD Master Plan designates the following uses for each tract designated on the PUD
Master Plan.
TRACT ACRES USE
I :I:8.45 S.F. and Duplex (side by side)
II :I: 13.60 S.F. and Duplex (side by side)
III + 14.10 :f:20.25 S.F. or M.P.
IV :I: 8 .19 S.F. or M.F.
V :I: I 5.42 S.F.orM.F.
VI :I: 13.49 S.F.orM.F.
The approximate acreage of residential tracts is depicted on the PUD Master Plan.
Actual acreage of all development tracts will be provided at the time of Site Development
Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division
3.3, and Di'.'ision 3.2, respectively, ef the Collier County Land Development Code.
Residential tracts are designed to accommodate internal roadways, open spaces,
recreational amenity areas, water management facilities, and other similar uses found in
residential areas.
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5.4 Permitted Uses and Structures
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
1. Principal Uses:
(a) Single Family Detached Dwellings
(b) Zero- Lot Line Dwellings
(c) Two-family and Duplex Dwellings
(d) Single Family Attached and Townhouse Dwellings
(e) Multi-family Dwellings, including Garden Apartments
(f) Any other housing type which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible with residential uses.
2. Accessory Uses and Structures
(a) Accessory uses and structures customarily associated with principal
residential uses permitted in this district, including recreational facilities,
maintenance facilities and clubhouse.
5.5 Development Standards
1. The following Table 1 sets forth the development standards for residential areas.
TABLE 1
DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS
PERMITTED USES SINGLE F AMIL Y ZERO LOT LINE TWO F AMIL Y SINGLE FAMILY MULTI-FAMIL Y
AND STANDARDS DETACHED DUPLEX ATTACHED AND DWELLING
TOWNHOUSE
Minimum Lot Areas 6,000 S.F. 5,000 S.F. per duo 3,500 S.F.( ) 3,000 S.F per duo ]AC
Minimum Lot Width(.) 60 50 35 30 ]50
Front Yard 25 20 20 20 25
Side Yard(>) 7.5 (4) 0 or 10 o or 7.5 o or .5 BH' o or .5 BH
Rear Yard Principal 20 ]0 20 20 BH
Rear Yard Accessory 10 5 10 10 10
Maximum Building 35 35 35 35 45'
Height
Distance Between ]5 10 ]5 .5BH" .5BH
Structures
F]oor Area Min. (SF) ]200 ]200 1200 1000 600
(I) Each halfofa duplex unit requires a lot area allocation of3,500 S.F. for a total minimum Jot area of7,000 S.F.
(2) Minimum lot width may be reduced by 20 percent for cul-de-sac lots provided minimum lot area requirement is still maintained.
(>) Accessory uses such as pool enclosures may be attached to principal uses.
(4JWhere the zero (0) fee yard option is utilized, the opposite side of the structure shall have a ten (10) foot side yard. Zero (0) feet yards may be
used on either side ofa structure provided that the opposite ten (10) foot side yard is provided.
PJTracts 4 (four) and 5 (five) are permitted a maximum height of 50 (fifty) feet.
'BH - Building Height
SBH - Sum of Bui]ding Heights
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2. Zero-Lot Line dwellings are identified separately from single family detached
dwellings with conventional side yard requirements to distinguish these types for the
purpose of applying Development Standards under Table 1. Zero-Lot Line dwelling
shall be defined as any type of detached single family structure employing a zero or
reduced side yard as set forth herein, which conforms to requirements of Collier County
Land Development Code, i\rticle 2, Division 2.6.27.
3. Only one residential dwelling unit type shall be permitted on any tract designated for
residential use. Where different dwelling unit types are planned on adjoining tracts, they
shall be separated by recreational facilities, common areas, or landscaped buffers.
4. All landscaping shall be in accordance with Division 2.4, Landscaping and Buffering of
the LDC; however, a Type "B" buffer shall be provided on a three foot high undulating
berm along the northern edge of Tracts I and II depicted on the PUD Master Plan to
provide additional screening for adjacent single family uses.
5. Landscaping along the internal access road depicted on the PUD master plan shall
consist of uniform plant material that meets or exceeds the requirements of Section 2.4
ef the LDC. Landscaped and signage shall also be uniform at each signature
entranceway into individual tracts, which shall also promote a similar theme throughout
the planned development. The first tract to be developed in Oak Grove shall set forth
the landscaping and signage standards for the internal roadway depicted on the PUD
master plan and entranceway standards.
6. In meeting the perimeter buffer requirements, the existing non-native vegetation/citrus
trees are permitted to be used in meeting the landscape requirements for the subject
property; however, additional supplemental native plantings may be required to achieve
the intent and purpose ofSeotion 2.4 of the LDC.
7. Perimeter buffers shall only be required for the boundary of each tract at the time it is
developed. Buffering may be required during the site plan review process of all or
some remaining tracts as determined appropriate by the Development Services
Director, based on the type of use and proximity to residential use.
8. All signage shall be in conformance with Division 2.5 of the LDC.
9. All parking shall be in conformance with Division 2.3, Off-Street Parking and Loading.
Paved parking is also permitted within the FP&L easement, subject to their
authorization.
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10. Setbacks shall be measured from the legal boundary of the lot and are inclusive of
easements with the exception of easements that comprise a road right-of-way.
11. Within each individual tract, architectural standards shall be unified with regard to
colors, roof lines, and textures, so as to create a uniform architectural standard for each
individual tract.
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SECTION VI
Environmental Standards
The purpose of this Section is to set forth the environmental commitments of the Project
Developer.
6.1 Petitioner shall be subject to the Collier County GrO'.vth Management Plan Policy 12.1.3
contained in the Conservation and Coastal Management Element (discovery of a
archaeological or historical site, artifact or other indicator of preservation). The original
PUD provided 5.91 acres of wetland preserve, which included 1.60 acres of native
vegetation. The wetland preserve acreage has been reduced to 4.31 acres, which includes
.43 acres of native vegetation. This reduction of preserve is due to the Livingston Road
Right-of- Way impact which impacted 1.6 acres of the wetland preserve; of which 1.17
acres of native vegetation was impacted. The native vegetation existing onsite at the
time of development was 1.60 acres. Therefore, the minimum required native vegetation
preserve is 0.40 acres 0.60 x 25%). The existing 4.31 acre wetland preserve will
remam.
6.2 Petitioner shall obtain and submit documentation of all necessary Local, State and
Federal permits prior to commencing construction.
6.3 The applicant shall be subject to all environmental ordinances in effect at the time of
development order approvals.
M A wetland preserve area is located on the PUD Master Plan, along the eastern boundary
of the project and comprises ~ 4.31 acres located outside the Livingston Road Right-of-Way.
This wetland area is proposed to be enhanced, and fundamentally left intact; hO'Neycr, minor
encroachments may be permitted, based on issuance of permits from Local, State, and Federal
wetland permitting agencies.
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SECTION VII
Transportation Requirements
The purpose of this Section is to set forth the transportation commitments of the project
development.
7.1 The developer shall provide arterial level street lighting of the project entrance. Said
lighting shall be in place prior to the issuance of any Certificate of Occupancy. This
commitment has been completed.
7.2 The road impact fee shall be as set forth in Ordinance 92-22 as amended, and shall be
paid at the time building permits are issued, unless otherwise approved by the Board of
County Commissioners. The road impact fees were paid at the time ofSDP or plat
approval for Bridgewater Bay that is the name of the development occurring in the Oak
Grove PUD.
a) The Oak Grove PUD shall reserve a maximum of275 feet along the eastern
boundary ofthe project for the future widening of Livingston Road and associated
water management requirements in exchange for impact fee credits. The Oak
Grove PUD has conveyed 275 feet along the eastern boundary ofthis PUD for the
widening of Livingston Road.
b) Forty feet of right-of-way shall be provided for a portion of Orange Blossom
Drive to be constructed on the subject property as depicted on the PUD Master
Plan in exchange for impact fee credits. Forty feet of right-of-way has been
dedicated to Collier County for the construction of Orange Blossom Drive on the
subiect property and the developer was reimbursed with impact fee credits.
c) Orange Blossom Drive shall be designed and constructed as a minor collector
road within the boundary of the subject property within the 100 feet of right- of-
way to be provided by this and the adjacent property to the south. Orange
Blossom Drive has been constructed as a minor collector roadway within the
boundary ofthe subiect property and the adiacent property to the south.
6j Donation of said right of \'1ay easement and the calculation of road impact fee
credits shall be made in accordance with the provisions and requirements of
Section 2.7.2.8.1, "Dedication ofthe Public Facilities and De':elopment of
Prescribedj.Jl1enities" of the Collier County Land Development Code and the
Collier County Road Impact Fee Ordinance and shall be subject further to a
Developer Contribution Agrecment between the developer and the Board of
County Commissioners. The donation of the right-of-way easement and the
calculation of road impact credits were made pursuant to the requirements of the
LDC.
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7.3 Internal access improvements shall not be subject to impact fee credits and shall be in
place before any certificates of occupancy are issued.
7.4 All traffic control de'liscs used shall conform '.vith the Manual On Uniform Traffic
Control Dcviccs as rcquired by Chapter 316.0745, Florida Statutes. A PUD
buildout/closeout determination shall be filed for the Oak Grove PUD prior to issuance of
Certificates of Occupancy for lands that were removed from this PUD and comprising +/_
6 acres located in the southwest comer and incorporated into the Siena Lakes CCRC
CPUD.
7.5 Connections onto Livingston Road:
a) All median openings and driveway locations shall be in accordance with the Collier
County Land Development Code and Access Management Policy, as they may be
amended. Median access and control shall remain under County control unless
established via a right-of-way agreement between the Board of County
Commissioners and the developer.
ffl In the event that acoess is not available to Liyingston Road by the commenoement date
for oonstruction, aceess is permitted from Orange Blossom Drive.
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E. Prior to or at the time of submission of construction plan and final plat for the
project, the potable water supply from the Collier County Water-Sewer
District to serve this project shall be installed adjacent to the property and be
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III servIce.
8.2 Engineering
A. Detailed paving, grading, site drainage and utility plans shall be
submitted to the Development Services Department for review. No
construction permits shall be issued unless detailed paving, grading, site
drainage and utility plans shall be submitted to the and until approval of
the proposed construction, in accordance with the submitted plans, is
granted by the Development Services Department.
B. Design and construction of all improvements shall be subject to compliance
with the appropriate provisions of the Collier County LDC.
C. Subdivision of the site shall require platting in accordance with Section 3.2
efthe LDC to define the right-of-way and tracts shown on the PUD Master
Plan.
D. The developer and all subsequent owners of this project shall be required to
satisfy the requirements of all County ordinances or codes in effect prior to
or concurrent with any subsequent development order relating to this site,
including but not limited to Preliminary Subdivision Plats, Site
Development Plans and any other applications that will result in the
issuance of a final development order.
E. The development will provide adequate right-of-way for future turn lanes at
the project entrance to Orange Blossom Drive and the design will be
coordinated with the Office of Capital Projects Management.
F. The development shall convey fee simple right-of-way to the County for
both Livingston Road and Orange Blossom Drive prior to the receipt of any
development order for construction activities.
VIII-2
- \(
SECTION IX
Water Management Requirements
The purpose of this Section is to set forth the utilities and engineering commitments of the
project developer.
9.1 Detailed paving, grading and site drainage plans shall be submitted to the Development
Services Department 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
the Development Services Department.
9.2 Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County LDC, except that excavation for water
management features shall be allowed within twenty (20) feet from side, rear or abutting
property lines with side, rear or abutting property lines fenced.
9.3 Landscaping may be placed within the water management area in compliance with the
criteria established within Section 2.1.7.3 ofthe LDC.
9.4 The wet season water table elevation shall be established at the time of South Florida Water
Management District permitting, which is required for the subject property.
9.5 The conveyance swale from the water control structure to the D-2 canal shall be within a
drainage easement to be recorded prior to approval of the first development order.
9.6 At time of development plan submitted, "Typical Lake Section" shall be revised to show
the 2: I breakpoint at 3' below low-water level, not 3' below control as shown.
IX-1
v.
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EXHIBIT B
LEGAL DESCRIPTION'
A PARCEL OF LAND LYING IN AND BEING A PART OF SECTION 1, TOWNSHIP 49 SOUTH,
RANGE 25 EAST.-COLLlER COUNTY. FLORIDA AND BEING MORE PARTlCULARL Y
DESCRIBED AS FOLLOWS:
,BEGINNING AT THE WEST 1/4 CORNER OF SECTION 6, SAID POINT BEING THE EAST 1/4
CORNER OF SEC TlON I, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUN 1Y. FLORIDA; .
THENCE ALONG THE THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 1 NORTH
02'-0.3'-56" WEST 1585.97 FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF THE
NOR THEAST 1/4 OF SA.fD SECTION 1;
THENCE ALONG SAID SOUTH LINE NORTH 89'-23'-43" WEST 2701.52 FEET TO A POINT
ON THE EAST LINE OF LAKESIDE OF NAPLES A T CITRUS GREENS ACCORDING
TO PLA T BOOK J 5, PAGE 83 - 88 PUBLIC RECORDS, COLLIER COUNTY. FLORIDA
THENCE ALONG SAID EAST LINE SOUTH 02"-49'-35" EAST 1589.11 FEET TO THE
SOUTHEAST CORNER OF SAID LAKESIDE OF NAPLES AT CITRUS GREENS;
THENCE ALONG THE SOUTH LINE OF SAID LAKESIDE OF NAPLES A T CITRUS GREENS NORTH
89'-28'-42" wEST IJ724 FEET TO THE NORTHEAST CORNER OF' THE
EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY.
FLORIDA.
THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 02'-47'-.38" EAST 518.64 FEET
TO THE NORTHWEST CORNER OF A PARCEL OF U\ND OWNED BY THE FIRST
BAPTIST CHURCH OF NAPLES AS SHOWN ON A SURVEY BY CAROL E. NELSON, P.L.S.
DA TED FEBRUARY 10, 1996, PROJEC T NO. SlT 49R25:
THENCE ALONG THE NORTH LINE OF SAID PARCEL SOUTH 89'-26'-34" EAST 2798.87
FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 1;
THENCE ALONG SAID EAS T LINE NOR TH 00'- 43' - 57" WEST 517 75 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCR/BED;
CONTAINING 1313 ACRES MORE OR LESS;
\t~
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 2009-66
Which was adopted by the Board of County Commissioners
on the 1st day of December, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of December, 2009.
DWIGHT E. BROCK
Clerk of Courts and Cle~k
Ex-officio to Boar~:~,t)f:JEi'I?S.
. . ~ '"", ~-- .. . . . , . . . . .it
County Commlsslo~x:S,".,.. ..' ~.
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Teresa Polas~i~ .......... <8'
-yt~l . '~.\
Deputy Clerk . .