Ordinance 88-093AN ORDINANCE AMENDING ORDINANCE 82-2
THE COHPREHENSIVE ZONING REGULATIONS
FOR TIlE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE ZONING
ATLAS ~P ~IUMDER 49-26-7 BY CHA~GING THE
ZONI[IG CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A-2
AGRICULTURE TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS #CITY GATE COMMERCE
PARK" FOR MIXED USES NON-RESIDENTIAL,
CO~INERCIAL/INDUSTRIAL/ OFFICE/RELATED
SERVICES FOR PROPERTY LOCATED AT THE
NORTHEAST QUADRANT OF 1-75 AND C.R. 951,
287.187 + ACRES, IN SECTION 35, TOWNSHIP
49 SOUTH7 RANGE 26 EAST; AND PROVIDING
AN EFFECTIVE DATE.
WHEll~%S, William R. Vines et Vines and Associates, Inc.,
representing Citizens and Southern Trust Company (Florida)
~ational lesociatton, Naples, Florida as Trustee under Land
Trust #5360, petitioned the Board of County Co~unlzsioners to
change the Zoning Classification o~ the herein described real
property~
NO~ THEREFORE BE IT ORDAINED by th~ Board of County
Cmtssioners of Collier County, Florldai
~TION ONE~
~e zoning classification of the hereinafter
real p~ope~y la changed fr~ A-2 Ag=~cul~ure eo "PUD"
Planned Uni~ Developmen~ ~n acco=dance ~h ~ha P~ doc~n~
a~ac~ed hereto as Exhib~ "A" ~ich is lnco~ora~ed here~n
and by rafarenca made pa~ he~eoE, ~e O~lcia~ Zoning
Hap N~e~ 4g-26-7, as described ~n Ordinance ~2-2~ ~s he=eby
~ndad accordingly.
8ECTZO~
~ts Ordinance s~all bec~ efta=tire upon receipt o~
~o~lce fr~ ~he Secretary of State that this Ordlnan=e has
been filed vlth the Se=retary of ~tate.
DATE/ ~.ce,mber 13. 1988
· 'ATTEST = ' '~ :
· JAMES C. GILES.~ CLERK
d
BOARD OF COUNTY COI~NISSIONF, R8
COr-LIEI~ COUNTY~ FLORIDA
'BORT L. SAUNDERS, CHAIR/4AM
'T~ m~l~nce fired
and ~feclg~mt~to[ ~
12-3-88
ClTYGATE CONIgERCE PARK
PLANNED UNIT DEVELOPMENT DOCUMENT
Prepared by
Vlne~ I; As~eclatu, Inc.
715 Tenth Street South
Naple~, Florida 33~iO
Phone: {113} 262-q1M
Data Flied:
Data Approved by CCPC:
Data Appreved by BCC:j~0
Or~llnan,':e Numhor: 88-9~
!HDE~
SECTION
II.
III.
IV.
V.
VI.
VII.
PROPERTY OWNERSHIP AND DESCRIPTION
PROJECT DEVELOPMENT
PROJECT DEVELOPMENT REGULATIONS
ENVIRONMENTAL REQUIREMENTS
TRAFFIC AND ENGINEERING REQUIREMENTS
UTILITIES REQUIREMENTS
RED COCKADED WOODPECKER MANAGEMENT PLAN
ATTACHMENTS:
MASTER PLAN
TABLE 12.B.3.
PAG~
1-'
7- 111,
15 - 23
2~, - 27
21 - 29
30 - ~iO
II1 -
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
t.1. PURPOSI[
The purpose of thls Section is to set forth the Iocatio~ and
ownership of the property, and to describe the existing
conditio~s of the property to be developed under the project name
of: CITYGATE COMMERCE PARK.
1.2. LEGAL IDF~CRIPTION
The subject property is 217.117 acres in area. The legal
description foll~s this page.
pROPERTY OWNERSHIP
Title te the property is ~urrently in Land Trust ! S360, held by
Citizens i; Southern Trust Company (Florida} National Association,
Naples, Florida, P.O. Box 1857, Naples, Florida 3393S-11S7. The
land trust constitutes a unified ownership vehicle. Decisions
regarding trust management ere mede by a single trustee In ee,,~:erd
with management guidellnes approved by a majority of the trust
beneficiaries.
MONTES AND ASSOC.. INC.
CONSULTING ENGINEEIqs- LAND SURVEYORS
LEG,~L DESCR I P'T 1 Ot, I
~ File rio. 15,23
913018S
Sheet ! of 2
The North heir of Section 3S, Township q9 South, Range 26 East,
Collier County. Florida LESS the West 100.00 feet thereof for
right-of-way purposes and LESS the foll owlng described parcels:
A parcel of land being a portion of the Northwest quarter of
Section 35, Township q9 South, Range 26 East, Collier County,
Florida. Being more particularly described as follows:
Corrmencing at the quarter Section corner, co(Tmon to Sections
end 35, ToY~ship q9 South, Range 26 East, Collier County,
Florida. Said quarter corner being marked with a
concrete monument having e 3-1nth brass cap attached to the top
thereof, with a 31q-Inch Iron pipe; thence along the Section line
between said Sections 3~'and 35. North 00°29'15" West. 1.382.q3
feet to a point on the centerline of the proposed Access Road No.
1 as shown on the Stets of Florida Department of Transportation
Right-of-Way Map for State Road No. 93 (I-75} Sheet I of 10;
thence along said centerline of the proposed Access Road No.
North 89°31'01" East, 100.00 feet to · point on the East
rlght-of-way line of a canal, seld point also being on the
centarllne of the proposed access road to the water treatment
plant parcel: thence along said East canal right-of-way line
North 00°29'15" West, S0.00 feet to a q" x q" concrete mon~lTtent
marking the Northwest corner of the proposed access road
right-of-way to the water treatment plant parcel; and being the
true POINT OF BEGINNING of the parcel to be herein described=
thence'along' the North line of said access road right-or-way
North 19°31~01· East, q55.51 feet to a ~" x ~" concrete monument
marking the Intersection of said North rlghtoof-way with the West
boundary line of the water treatment pleat parcel: thence along
said West boundary line North 00°q7'1~' East, 99~.96 feet to an
iron rod on the Westerly rlght-of-wey of a strip of land 170 feet
in width for a Florida, Power & Light Company (FP&L) right-of-way
as described In Official Records Book 66], Page 1210, Collier
County Records; thence along said Westerly FP&L right-of-way
North 31°30'28m East, 70.02 feet to an Iron rod; thence
contlnulng along said Westerly FP&L right-of-way South
East, 761.56 feet to a ~" x ~" concrete monument~ thence
continuing along said Westerly FP~L right-of-way South
West, 1,066.70 feet to a ~" x q" concrete monument; thence
continuing along said Westerly FP&L right-of-way South 00°~7~Iq~
West, 332.74 feet to an Iron rod marking the Intersection of said
Westerly FP&L right-of-way with the South line of the North half
of the South half of the Northwest quarter of Section 35,
Township q9 South, Range 26 East, Collier County, Florida;
point also being the Southeast corner of the parcel being herein
described: thence along said South line of the North hell of the
South hell of the Northwest quarter of Section 35, South
I9o0q'q0" West, 690.82 feet to e q" x 8" concrete monument; said
~ FIFe No. IS.23
9130186
Sheet 2 of 2
point being the Southwest corner of the parcel being herein
described: thence along the 'West boundary line of said parcel
North 00°~7'I~· East, 653.80 feet to e ~" x ~" concrete monument
marking the Intersection of the West boundary of the water
treatment plant parcel with the South right-of-way of the
proposed access road to the water treatment plant parcel; thence
along said South right-of-way South 19e31f01" West, ~5~.21 feet
to e ~" x ~" concrete monument marking the intersection of said
access road South right-of-way with the East right-of-way of a
canal: thence along said canal East right-of-way North 00e29fIS"
West 100,00 feel to the POINT OF BEGINNINC;.
A portion of the North half of Section 33, Township q9 South,
Range 28 Eaet: being described
. Begin on the South line of the North half of seld Section 33, It
m point North 8go0o'ol" East 100.00 feet from the Southwest
corner of the North half of said Section 35, thence run North
00°21'15" West, 1,33~.19 feet, thence South 0~021108" East,
296.92 feet, thence South 02°~6'25" East, 750.60 feet to the
beginning of a curve concave to the Northeasterly having · radius
of 33~.00 feet, thence run Southerly along said curve 2~0.51
feet, through a central angle of 81001'29· to the end of said
curve, thence South q3°q7~Sq" East, tq.86 feet to the South
of the North half of said Section 35, thence South
West, 206.27 feet to the POINT OF BEGINNING.
A portion of the North half of Section 35, Township qt South,
Range 26 East= being described as foil owe:
Begin on the South line of the North half of said Section 35, at
e point North 19°00~01" East, 306.27 feet from the Southwest
corner of the North half of said Section 35, thence run North
q3o~7tSq· West, 9~.8& feet to the beginning of I curve concave to"
the Northeasterly having e radius of 336.00 feet, thence run
Northwesterly along said curve 2~0.51 feet through · central
angle of al°01~29" to the end of eeid curve, thence North
02oq6t25· West, 750.60 feet, thence North Oq°21~01· West, 296.92
feet, thence North 00°29~15" West, 85.00 feet, thence North
11°31e01" East, 6q.a2 feet, thence South 0q°21*01" East, 378.3~
feet, thence South 02°q6~25" East, 751.5& feet, to the beginning
of a curve concave to the Northeaeterly having a radlue of 266.00
feet, thence run Southeasterly along said curve 190.16 feet,
through a central angle of ~Ie01'29" to the end of eald curve,
thence South 83ea7'Sa" East, 15t.~1 feet to the South line of the
North half of said Section 35, thence South 89°00'01" West, IS.q0
feet to the POINT OF BEGINNING.
Containing 287.187 acres, more or lese.
H O L [. M O N T KS & A SSO CIA T ES. IN C.
I
~.~ ~.ll. ~I~NERAL DESCRIPTION OF PROPERTY AREA
The 287.187 acre tract Ilea in the northeast quadrant of the
1-751 CR 951 Intar--.henge. The property is bounded on the
west by CR g51 and on the north by the Golden Gate Canal.
Be
The property is zoned A-2 Agricultural, proposed to be
rezoned to PUD- Planned Unit Development. The property Ilea
in the Collier County Water Sewer District.
t.$. ~HY~;ICAL DESCRIPTION
The pra~y elevation rangee from about 10.3 feet to 12.2 feet
above mean sea level, eVmlging about 11 feet. Wetlande on the
property ere limited to elx~ut 28.5 a¢~e~, most of which has been
previously subjected to extended periods of over drainage
and exotic vegetation Inva~ion. Most of the property Is vegetated
with pine and associated upland plants.
~oil type. on the property Include Arzell. Keri. and Pmnperm Fine
Sand.
Water mnegement for the Cltygate Coavnerce Park project la to be
the lake and natural surface detention type. Surface trater
discharge will be to the north into the Golden Gate Canal through
a single control structure.
---- g
J,lo ~T.A, TE~ENT OF COMPLIANCE
Development of Cltygate Camn~erce Park as a Planned Unit
Development will comply with the planning go~ls end objectives of
Collier County as aet forth in the Coeflpreheneive Plan. The
Comprehensive Plan Policy which most specifically relates to the
Citygate project le Policy "D" of Objective 3:
An appropriate mix of land uses to provide for the present
end future needs of Collier County.
Oe
Guide ecoemmic development to encourage a dlveraiflcatio~ of
the eounty*s econamlc base and to meet the employment needs
of present and future residents.
Compliance with the Comprehensive Plan rests on the
follo~ing factors:
The Citygato property meets the Campreheneivo Plan
rating point m/~tem with respect to the avallability of
public eervica~ and facilities.
The planned land uae mix conforn~ to the Future Lend
Uso Map,
All projict Improvement~ will co(nply with applicable
regulations.
The proJ~'t will constitute · major work c~ntmr with mn
· xcmllent working envirortmef~t.
The project will be s~f'ved by · c~(nplmte r~ng· of
lef-vicel and facilitle~.
SECTION II
PROJECT DEVELOPMENT
2.t. PURPOSE
The purpose of this Section Is to describe the basic development
ebJ~'tlvu end to generally describe the project development
plan.
2.2, GENERAt,
Ae
Citygate Coma~rc~ Perk is planned e= a mixed use. non-
residential, commercial/Industrial/office/related services
~j~. T~ um ~ ~. If ~t all. ~ ~ slt~ hearst
CR 951 west of the F.P. ~ L. ees~ent will p~lde a variety
~ ~rclal se~ic~ ~ highway ~elers, with a sp~ial
~ph~ls ~ ~e p~lsl~ ~ se~l~ ~ int~tate
~el~. The ~ind~ of ~e sit~, ~ ~t ~d ~est ef
industrial fl~s ~lat~ with t~nol~l~l ~esea~,
p~u~ develo~t, light ~n~uring, I~e ~d
distribution, offlc~ and a wide variety ~ utili~rlan end
~al sup~ busineeses. It is anticlpat~ ~t ~
~ ~ Citrate land u~a will ~ Iink~ ~1~ ~u~al
Institutions. Citygata Commerce Park will provide sites
which accomnxxlate · variety of entrepreneurial activities in
a physical setting which la spacious, attractive, and free
of the nuisance type characteristic· which ere typical of
industrial districts of the pest. A primary development
objective of Cltygate Is that the structure~, the amenitleso
and the natural end Installed landscape be attractlve end
constitute a pleasant° setisfylng employment environment.
Be
Development of this project shall be governed by the
contents of this document and applicable sections of the
Colller County Zoning Ordinance.
Ce
Unless otherwise noted, the definitions of all terms shall
be the same aa the definitions set forth In the Collier
County Zoning Ordinance.
033,,,.:"92
~ 2.3. Pt~C)),E(:T ptrAN
The Master Development Plan for the project Is Indicated on
Map (HI of the Application for Development Approval and la
an Integral part of this PUD document. A reduced version
the Master Development Plan is attached at the rear of this
document. Elements of the Master Development Plan Include:
Land Use Acral
StrleLI 21
Lake 35
C, omnx~ Lands 10
F.P. I; L. Ea~el?mnt 12
Building site~ (includes wetland
pri~er~e~ which must be kept N
an-site natural areas) 209.
Total 287
Project development shall conform to the approved Meste~
Development Plan in general and to the approved Subdivision
CansfJ-uction Plane,
In addition to the plan elements shown an the Master
Development Plan, such easements and rlghtJ-of-way
shall be established as may be nec~ry er desirable fac'
the service, function or convenience el' the project.
C. The Master Developm~t Plan Is elm the Subdivision
Master Plan.
.MAXIMUM pEVELOPME~NT INTI~N$!TY
Develepm~t Inteneity permitted within Cltygata Commerce Park
~J~all be limited to the amount of building development, number of
employm, and number of parking space~ ~et forth in Table
12.B.3., reproduced from the Cltyga*~ Commerce Perk A.D.A.,and
attached et the rear of thle document. The amount of building
development devoted te the various land uses which will occupy
the project may vary from the estlmate~ incerix~'ated in the
A.D.A.o but the aggregate account of building development
Indicated by A.D.A. Table 12.B.3. may rmt be exceeded.
2.S. pLAN APPROVAL. REQUIREMENTS
A. PURPOSE
The M~ter Development Plan lndlcete~ the
development permitted for the pmj~
~ a ~ nat~rk, a ~ntrally I~t~ lake, a syst~
~I~ ways, a lake front ~nity site ~d ~ld~s
d~el~nt sit~ al~ whi~ individual d~elo~t
will ~ ~lls~. Ins~llatl~
10
utilities° etc. may occur either In the entirety, or In i
series of Increments. The purpose of the plan approval
requirements Is to provi~le I mechenl~m for the county staff
to revle~ detailed development plans end to determine if
those plans comply fully with commitments established by the
PUD document, DRI Development Order, County Zoning
Regulations end ell other applicable standards end
regulations. County staff approval of detailed development
plans must be obtained prior to the construct]on of project
Infrastructure.
B. ,SITE DEVELOPMENT PLAN APPROVAL REQUIRED
Prim- to issuance of building permits foe a structure or
structures on any development slte, Site Development Plan
approval must be obtained in accord with Section 10.5 of the
County Zoning Ordinance. The Site Development Plan must Ix
In substantial compliance with the project Master
Development Plan, as that plan may Ix modified by Collier
County from time to time. In addition te the listed
concerns of Section 10.5, the Slte Development Plan review
and approval proce~e shall Include consideration of
architectural design quality end building matsrlala
suitability es those matters relate to the development
quality commitments set forth in Section 2.2.A. of this
document.
11
C, RECORI~ PLAT APPROVAL REQUIREMENTS
Prior te recording the record plat, final plans of the
required Improvements shall be spproved by the
Planning/Zoning Director and appropriate other Collier
County Departments and Officials to Insure compliance with
the project Master Development Plan, the Cailler County
Comprehensive Plan, the Collier County Subdivision
Regulations, and platting laws of the State of Florida.
2.e. ~E,XCEPTIONS TO COUNTY SUBDIVISI.ON RE,G,U,LATIONS
The following requirements shall be waived ae modified:
Re
Article X, Section 16: Sldew.lks ~hall be required as ahewn
on the approved Master Development Plan, on at least one
side of the existing access road when it is reconstructed as
required by S.2.B., and on at least one side of all Internal
project streets.
Article X, Section 1): Street name signs shell be approved
by the County Engineer but need not meet the
U.S.D.O.T.F.H.W.A. Manual of Uniform Traffic Central
Devices. Street pavement painting, striping, and reflective
edging requirements shall be waived.
Ce
Article XI, Section 10: The requirement to Install monumenLs
In · typical water valve cover shell be waived if ell
monuments ere Installed 'in accord with Itata standards and
In a manner approved by the County Engineer.
Article Xl, Section 21: The requlremen: fee blank utility
casings shell be waived if all required utilltle~ are
Installed prior to construction ~f the street bale Ind
pavement.
2.7. STREE~T$ TO BE PRIVATE[
All platted streets within the project shall be the cerumen
prc~y of the project landowners.
2.1. IMPACT FEES
The Citygeta Commerce Park project shall be subject to ell Impact
fees applicable to it et the tlme d project apprevel. In the
event future impact feea era adopted to assist with various
public service facility financing, such fees shall be applicable
to the Citygets Commerce Park project In accord with the terms of
the eedinancee which Impose the fees.
13
FIRE STATION
CStygate Commerce Park representatives shsll confer with
appropriate Golden Cate Fire Gontr~l and Rescue District
repr~ntatives r~gerdlncj the n~ ~o~ ~n ~dltion~l
~lt~ in th~ vicinity o~ th~ 1-75/CR 951 int~r~nge,
~nt that th~ ~ld~n ~t~ Fir~ ~n~l ~nd R~scu~
dete~in~ that a fl~ station ~ite is app~prlate on the
Citygate prope~y, the Citygate C~r~ Park developer er
su~[s) In title shall ~ke the sele~ fire s~tion site
~all~le, and ~11 ~n~Ibute ~ its ~st on a fair
basis.
2~tO,p.U.O. POCUMENT COMPLIANCE[
Respo~slbility fo~ compliance with the terms of thls PUD
document, the DRI Developmnt Order and all e~ applique
public r~ula~ requlr~ents shall initially be ~at
pmj~ develo~r or his su~s~r(s) in title. Prior ~ the
develo~ ~ his su~s~r(s) in title beincj rellev~ of
r~slbllity, a proj~ ~n~nt entity shall ~
~d giv~ res~nsibllity f~ ~ntinuing ~Intenan~
p~j~ ]nf~u~ure, lake, water mn~t f~llti~,
lq
033,,,,"98,
SECTION Ill
PROJECT DEVELOPMENT RECULATIONS
PURPOSE
The purpose of this Section is to set forth the devciopment
reguistJona applicable to tho CItygate Commerce Park project.
~.2. USES PERMITTED
Ne building oe structure, or part ther~fo shall be erected,
altered or used, or land used, In whole or part, for othor than
the following:
Principal Urn:
WEST OF THE FLORIDA POWER $ LICHT EASEMENT:
1. One g~llne service station or fuel dispensing
facility
2. Hotels or metals Including Integral cocktail lounges
3. Retail sales and personal ~les businesses which ara
1s
travelers and/er the Citygsta Ceeveercl Park market.
Retail sales facilities shall not Include shopping
center type uses w~ich would generate substantial trade
from the residential neighborhoods in the vicinity.
EAST OF THE FLORIDA POWER & LIGHT EASEMENT:
1. Light manufacturing and/or pr~'.esalng
2. Research, testing, product development
3. Service and repair businesses
Showrooms and sales centers In essoclatlon with
permitted uses
$. Storage and distribution uses
6. Publishing, reproduction, c=mmunicatione
Retail lales end personal lervlce buslnessea which are
designed and operated to primarily serve the Citygete
Commerce Park market
II
BOTH EAST AND WEST OF THE FLORIDA POWER $ LIGHT EASEMENT:
1. Restaurants, Including fast food restaurants
Utllltarlano recrestlonsl, educational, and medical
uses and services
3. Buslness and professional efflcas~ financial
institutions
Any other use which la determined by the Planning/
Zoning Director to be comparable and/er campatible with
the the listed permitted uses.
B. Accessory Uses:
1. Accessory uses and structures which ere customarily
associated with the permitted u~ea
2. Project sales and edminlstrative offices and facilities
Signs es permitted by the Collier County Zoning
Ordinance In effect at the time of application foe the
sign permit
17
lie
7e
Carstakar'l residence subject to Section I.l~0 of the
Zoning Ordinance
A perimeter security fence end/or ~rallo not to exceed
feet In height
Temporary sewage treatment facilities In the ere~ ~
Indicated on the project Master Development Plan. Such
temporary facilities may serve the project until publlc
or ether county approved off slte sewerage service ia
available. The temporary sewage treatment plant and ell
associated facilities shall be sat back a minimum of 50
feet from the boundaries of the tract which it
occuplee.
Material which is excavated during construction o~ the
lake which exceeds in amount the material required for
development of the project m~'! be removed fram the
project. Approval from the County Enginesr and the
Planning/Zoning Director shall be required to assure no
negative impacts on surrounding lands or on Impacted
reads. Mitigation measures may be required If deemed
appropriate end necessary by the County Engineer and/or
Planning/Zoning Director.
DEVELOPMENT STANDARDS
A, Mlnimum Psrcal Size:
West of F.P. $ L. easement:
East of FoP. $ L. easement:
B. Minimum Parcel Width:
Wast of F.P. $ L. easement:
East of F.P, S L. easement:
150 feat
200 feet
C. Minimum Yards:
West of F.P. $ L. easement: front, side and rear yards:
fm~t unless adjoining parcels are jointly planned, in which
case the ~cljoinlng side yard requlrwnts may be waived or
modified during the 5DP approval process.
East of F.P. i; L. easement:
Front yard- SO feet
Rear yard- SO feet
Side yard- 2S feet, unless adjoining parcels are jointly
planned, In which casa the adjoining side yard requirements
may be waived or modified during the SDP approval proems.
I!
In those Instances where multiple buildings ere to occur on
a single site, yard requirements shell pertain only to the
site boundaries, not to ~eparation between buildlngs. On
site multiple building separation adequacy shell be
determined during the SDP approval process.
No more than 20~ of required yarde may be devoted to
vehicular drives and parking spaces.
D. Minimum On Site Natural end/or Installed Landscape Area:
We~t of F.P. & L. easement: 2C~ of gross slte area
East of F.P. & L. easement: 30~ of grote site eree
The term "Landscape Area" Is cof~strued to Include
fountains, pools, ponds end other water features,
walks, terraces, courtyards and other pede~trlan spaces
when such noe~-botanlcel features do not exceed 15~ of the
requlrad area.
E. Maximum Building Height:
Hotels, motels and office buildings: 5 storle~, except that
such usee which ere closer than 350 feet to the Golden Gate
Canal my not exceed 3 storlee.
All other uses: 3 stories
2O
Taller buildings my be authorized upon application.
following advertised public hearings with due public notice
by the Collier County PlAnning Commission and the Board of
County Commissioners. a recommendation by the Colllar County
Planning Commi.lono and approval by the Board of County
Commissioners. Prior to authorizing I taller building.
determination shall be made by the County that the nature of
the use to which the building ia to be devoted warrants the
~dditional height, that the taller building will not
depreciate the Intended character and quality of the overall
Cltygats project° end that it will not have negative Impacts
upon surrounding propertlea or be detrimental to the public
welfare.
F. Minimum Principal Building Floor Area:
1,000 square feet {Gasoline service stations nra exempt from
this standard. }
G. Marchandise Sterage and Display: There shall be ne outside
storage or display of merchandise.
He
Utilities: Electrical. telephone and television service
lines shall be placed underground. Pad mounted transformer~
end other components of underground service systam~ which
are normally located above ground shall be pieced and
screened so ee not to be visible fram · street right-of-way
or an adjoining property.
105
ParklnglLoading: Offstrest parking and loading spaces stall
be provided in accord wlth t.~e standords of the Collier
County Zoning Ordinance In effect at the time of bulldlng
peals application. Parking and loading facilities shall be
~o arranged that backing into, or out of, a arrest right-of-
way Is unnecessary.
Je
Porfornmnce Standards: Noise, odor, vibration, glare (ns
differentiated from general illumination}, smoke and dust
readily detectable by human senses at property boundary
lines shall not exceed the background levels characterlsflc
of retail ~mmerclal areas. In the event same or all of
these performance characteristlca are regulated by
applicable federal, state, end/or local Iago such
regulations shall control.
Uses which generate special or h~zardeus w~mte ,J~all not be
established or permitted to operate unless deflnltJve plans
for dealing with the waste product have been approved by all
agencies with Jurisdiction over the matter. Further, said
uses shall be governed by all applicable federal, state, .
end/or local laws as my be edoptecl or amended from time to
time.
The future performance characterlstica ef · given land use
22
· -.-- ama Il
are often not predictable with accuracy at the time OF
building permit Issuance. The above listed performance
standards not only eppl~/ st the time land uses ere
Initiated. but ere contlnulng performance obligations.
unless overridden by appllcable federll, state, end/or
IIW,
Golden Gate Canal Buffer requirements: Development of site~
which abut the Golden Gate Canal shall Include installation
of landscape end/or structural buffer~ which Insure that
residentially zoned properties on the north side of the
canal are not subjected to Inappropriate views. Buffers
shall be shown on site develol~nent plans es required by
Section 2.6.B. In evaluating the buffer component of site
development plane, the Planning/Zoning Director shall
determine adequacy of the planned buffer, taking into
account the nature of the planned site utilization, the ·
character of tho planned stJ'ucturl(I), and the presence of
natural vegetation which will be left in pl~ce and which
will co~tribute to the buffering function. At · minimum,
the buffer adjacent the Golden Gate Canal Ihall comply frith
the standards of Section a.37 of the Zoning Ordinance. The
tree and shrub Ipecleao sizes, and spacing shall be approved
during the Site Development Plan approval process, end If
deemed to be necessary by the Planning/Zoning Director,
shall be moro extensive than required by Section 8.37.
Lo
W~tl~nd Preserve $etb~J<s:
w~tland pr~serva is I~t~ on ~ buildlng sit~, ~ bulldl~
~y ~ I~t~
clos~ ~an 10 fNt ~ ~e pr.~l ~n~. Prell
detl~inltlon of thl prise~e ~und~ sh~ll ~ during
Sitl D~elo~nt Plan
the 5u~Iv;s]en Pl~t, ~long
C]t~te ~ P~k PUD.
2fi
SECTION IV
ENVIRONMENTAL R EGUI REMENTS
pURPOSE
The purpose et this Sectio~ is to set forth the stlpulstlons by
the Environmental Advisory Council. The development of the
project shall be subject to these stlpulstlons:
#.2. ~VELOPER REQUIREMENTS
The developer shall be mubJect, to Ordinance 7S-21 {or the
tree/ vegetation removal ordinance In existence et the time
of permitting], requiring the acquisition of · tree re,oval
permit prior to any land clem'lng. A site clearing plan
shall be submitted to the Natural Resource~ Management
Departnmnt for their review end approval prior to any work
on the site. This plan may be submitted in phases to
coincide with the development schedule. The site clesring
plan shall clearly depict how the final site layout
Incorporates retained native vegetation to the maximum
extent possible end hew roads, buildings, lakes, parking
Iot~, end other facllitlee have been oriented to accommodate
this goal.
Be
Nativa speclu shall be uUIized, where available, t~
m~ximum extent possible in the site landscaping design.
landscaping plan will be'submitted to the Natural
M~n~em~nt Depart/neat and the Community Development Dlvlalon
for their review and approval. This plan will depict the
lncorporatlof~ of native species end their mix with other
apeclea, if any. The goal of slte landaceplng shell be the
reaatablishment d native vegetation and habitat
charecterlstlca I~t on the site during construction er due
to put actlvlt]u.
Ce
All exotic plante, u defined In the County C4xle, ~all be
removed from developn~nt areas, open space areas, and
preserve areas during each phase e~ construction. Foll~lng
slta development, I continuing maintenance program shall be
imple~nentad to prevent reinveslon of the slte by such exotic
specle~. The mintenence plen,whlch descrlbea control
techniques and Inspect]on Intervals shall be submitted to
end approved by the Natural Reaourcu Manege~r4nt Department
and the Core, unity Development Divlslon.
If, during the course ol' slte clearing, excavation, er other
conetructlonal .ctlvitlea, an archu~leglcal er historical
alta, artifact, er other Indicator la dI.~.avered, all
development at that location ahall be Immediately stopped
and the Natural Ruourcea Management Department rmtifled.
a, gQ3,,:IllO
Ee
Fe
Devalopment will b· auspended for · sufficient length of
tlme to ~n~l~ ~ Neturml R~ourc~ ~n~nt Deponent
~ . deslgnmt~ ~n~ul~t to ~s~s th~ find rand det~lne
~e p~per ~urse of ~tlon in r~ard to i~ salv~esblllty.
The Natural R~rc~ ~n~ent Depa~ent will r~d to
any such notifl~tlon In a tl~ly and ef~clent ~nner ~ as
to p~ide only a mlnl~l inter~ptlon to ~ns~lon
~ivitl~.
Prior to development in surrounding ·roes. wetland preserve
m-ess trill be fl~gged by the petitioner. Wetland boundaries
will be subject to the review end approval of NRMD.
To Increase lake productivity and habitat values, lake side
slopes will be ~1:1 out to · depth of 3~ from mean I~ water
levels. Petitioner ah·Il Investigate vegetating IittorM
shelf areas with various native plant species (upon request,
NRMD can provide pertinent Information concerning plant
species).
Petitioner shell design and Implement · program to prevent
end/or reduce I~pulations of noxious/exotic plant
populations within the lake(s), specifically, but net
limited to, preventing growth of hydrIIle (Hydrlll·
vertlclllata), water hyacinth ( .~!c. hhornla crasslpMl), end
He
{to s lesser degree) cattails ITy~he latlfolle)~ this
program will be subject to the review end approval of NRMD.
A survey for the pr~ance and distribution of the protected
Red Cockaded Woodpecker {P;coldes boreells) must be
conducted by qualified personnel subject to approval by
NRMD. Results of the survey must be made ~vallable to NRMD.
Management plans shall be submitted for review and approval
to the U.S. Fish end Wildlife Service end the Florida Game
and Fresh Water Fish Commission a,~d NRMD. If necessary, the
project design end PUD Master Development Plan shall be
adjusted to Insure the survival of the protected species.
Wl~ere eppllcable, due to development, components of plant
communities will be transplanted within preserve areas and/
or es landscape elements within the project. Examples of
plant species appropriate for transplant would Include sabal
palms [,.S~bel p~lmqtto), end butterfly orchids IEncvclle
tampensls ).
Due to the concern of the use/generation cfi hazardous
substances, all businesses proposed foe the parcel must be
subject to the review end approval of' NRMD.
21
SECTION V
TRAFFIC AND ENGINEERING REQUIREMENTS
PURPOSE
The purpose of this Sectlon Is to set forth the tr~ffl¢
Improvement requirements which the project developm' must
undertake es en Integral pert of the project development.
S.2. DEVELOPER REQUIREMENTS
Access to this site from CR 951 may present design problems
due to the limited distJnce ~tw~ ~ld~ ~te ~n=l snd
the Iimit~ ~ms right-of-way for I-~. A~s drlv~ ~to
CR ~1 ~11 ~ Ilmit~ ~ ~e exisU~ ~e whi~ allgns
wl~ ~e wat~ ~t plant ~s drive nnd ~e
~diti~al whl~ ~ h I~t~ ~ ~ ~ ~lsting ~s
dFJvl.
The existing access toed which extends southerly from CR 951
~nd then easterly parallel to 1-75 shell be reconstructed to
· minimum four lane divided roadway from the CR 951
Intersection to the southwest corner of the CStygate
property at such time as traffic volume~ m~ the ~ link
warrants the four Isning. In the event tl~t = significant
fr~ctlon of the traffic on the read link is net generated by
the Cltygats project, the Citygate project shall p~y ·
portion of the four lanlng cost which is equal to its
traffic Impact.
The driveway to the water treatment plant shall be widened
to a minimum of 2~ feat If it ia utlllzed aa an eccess to
the ~dJ~ant tracts.
The close spacing of the CR 9SI/landfill access reed
Intersection and the landfill access r~dlwater plant entry
drive Intersection will cause traffic central preblents aa
traffic vclume~ through the two intsr~ectlons Increase. In
order to avoid unnecessary aggravation of these problem~ by
traffic movements Into and mat of the commercial sites which
ara closest to the Intersections, special attention shall be
glvan to the location of antry/axit drives when sits
davaiOl~ent plan applicationa for sites abutting the watsr
plant ~s drive ~d ~ landfill ~ ~ ~ being
r~ie~ed. It ahell be undaratoed that the numbar of ~e
Points will be limited in n'J~W~er,
Appropriate left and right turn lanes shall be provided an
CR g$1 and the landfill access road at all project maes.
Street lighting shall be provided at major aox:ess points per
County requirements.
imm
Ho
III
Trsfflc sign. Is shall be Instslled at CR ~51 Iccess points
when deemed wa~nt~ ~y ~e ~unty E~In~r, The signals
shall ~ ownS. ~rat~. end ~intsln~ by ~e ~nty. Tha
Cltygats pmj~ shall pay a fair' sham ~ion E ~e
signal lns~llatlon ~,
The abeve Improvements ars censlsered "site related" aa
defined by Ordlnsnce IS-SS and shall net be applied aa
credits toward any Impact fm required by that ordinance.
Detailed sits drainage plans shall be submitted to the
County Engineer for review. No construction permits shall
be Issued unless and until approval o~ the proposed
const~3ct, ln in Kc~x~cl~nce wit~ the sul~tflted plens Is
granted by the County Engineer.
An excavation Permit will be required foe the proposed lake
in accordance with Cailler County Ordinance No. 80-26, es
amended by Ordinance No, 83-3, and Is may be amended in the
future,
,o. il5
31
SECTION VI
UTILITIES' REQUIREMENTS
e. 1. PURPOSe[
The purpose of this Section is to sat forth the potable
water, Irrigation water, and ~ewer utllitle~ requir~menta
which the project developer Is ~mmittad to me~t.
&.2. DEVELOPI~R RE~I)IREMENTS
A. Water distribution and ~ewage collection and transmission
systems will be constructed throughout the project
development by the developer pursuant to all current
requirements of Collier County and the State of Florida.
Water end sewer facllltiu constructed within platted
rights-of-way or within utility essementa required by the
County shall be conveyed to the County for ownerahip,
operation and maintenance purposes pursuant to appropriate
County Ordinances and r~julations in affect, at the time of
conveyance. All water and sawer facilitlea constructed on
private property and not required by the County to be
located within utillty easements shall be owned, operated
end maintained by the Developer, his a~slgna or succe~ora.
Upon completion of construction of the water and sewer
faculties within the project,° the facilities will be tasted
to Insure ~ey m~t Collier County's utility ~nst~ctIon
requirwnts in eff~ at the tl~ ~nst~ion plans am
approve. The I~l talks must bi ~plet~ to the
satlsfKtlon of ~l Utilities Division prior ~ placing any
utility fKllltl~. ~unty own~ or privately ~n~. into
so,Ica. U~n ~pletlon of the water and)or sewer
f~illtles and prior to ~e issuan~ ~ Ce~lfl~tes ~
~u~n~ for structures within the p~j~ the utllity'
f~llti~ shall ~ ~nvey~ ~ the ~unty, when ~ulr~ by
the Utlllti~ Divlslon, pursuant to ~unty Ordinanm and
R~ulati~s in eff~ at the ti~ ~nv~anca Is requite.
All construction plans end technical speclflcatle~s and
proposed plat~, if applicable, for the proposed water
distribution and sewicje collection and transmission
facilities must be revlewed and approved by the Util|tle~
Division prior to commencement of construction.
All customers connecting to the ~ater distribution and
se~age collection facilities will be customer~ of the County
and will be billed by the County in accordance with the
County's established rates. Should the County not be In ·
position to provide water and/or sewer service to the
project, the water and/or sewer customers shall be customers
of the lntarim utility established to serve the project
DJ
Ee
until the Countyts off-alta water and/or sewer fecllitle~
ere available to serve the project.
It Is anticipated that the Cour. ty Utilities Division will
ultimately supply potable water to meet the consumptive
demand and/or receive and treat the sewage generated by this
project. Should the County system rmt la~? in · Position to
supply potable water to the project and/or receive the
project's westewster et the time development commence~, the
Developer, et his expense, will Install end operate Interim
water supply and on-site treatment fecllltlea end/m' Interim
on-sits sewage treatment and disposal fecilltles adequate to
meet ell requirements of the appropriate regulatory
agenclea.
An Agreement shall be entered into between the County end
the Developer, binding on the ,Developer, his assigns or
succas~ors, legally acceptable to the County, prior to the
eppraval of construction document~ for the proposed project,
stating that:
The proposed water supply end on-site treatment
facilities end/or on-site wasteweter treatment end
disposal fecilitiea, if required, ere to be ~structed
as pert of the proposed project end must be regarded
Interim; they shell be constructed to State end Federel
standards end ere to be owned, oporsted end nmlntained
by the Developer, his ssslgns or successors until such
time es the County's off-site water facilities and/or
off-sits sewer facilltle~ ere ~vell~ble to service the
project. The interim trsetment f~cllitle~ shell supply
ssrvicas only to those lends owned by the Developer end
approved by the County for development. The utility
facility{les} may not be expended to provide weter
and/or sewer service outside the development boundary
approved by the County without the wrlttan consent of
the County.
Upon connection to the County's off-slte wetor
ficJIitles, end/or sewer ficlliUes, the Developer, his
assigns or successors shall abandon, dismantle and
remove fram the site the Interim water and/or sewage
treatment facllity and discofltinue use of the water
supply source, If applicable, in · manner consistent
with State of Florida standards. All work related with
this activity shall be performed st no cost to the
County.
Connactlon to the County's off-site water and/or s~wor
facilities will be made by the ovners, their assigns or
successors et no cost to the County within ~Q days
after such facilities become available. The cost of
connection shell Include, but not be limited to, ell
englnesrlng design and preparation of construction
documents, permitting, modification or refitting of
existing sawago pumping facilities or construction of
new master sewage pumping feclliUes, intsrconnectlon
with County off-site facilities, water and/or sawer
lines necessary to make the connection[s}, etc.
At the time County off-mite water and/or sewer
facilities ere available for the project to connect
with, the following water end/or sewer facilities shall
be conveyed to the County pursuant to appropriate
County Ordinanc~ and Regulations in effect at the
time:
All ~ltor and/or sewer faciiltles constructed In
publicly owned rightS-of-way or within utility
easements required by the County within the
project limits required to make cof~nection with
the County's off-elto wats" end/or mor
facilities; or,
be
All water and eewer facilities required to connect
wlth the project to the Countyes off-site water
and/or sewer facilities when the on-site water
end/or sewer facilities ere constructed on private
property end not required by the County to be
IorJted within utility easements, including but
not limited to the following:
1. Lin sewm3e lift stJtton end force m4ln
Interconnecting with the County sawer
feciliUes Includlng all utillty memen1~
neces~ry:
Water distribution facilities from the point
of connection with the County's water
facilities to the master water mater serving
the project, includlng ell utility eeswntJ
necisaery.
The customes~ ~es-ved on on Interim basle by the utility
system constructed by the Developer shall become
customers of the County at the time when County off-
site water and/or se~er facilities m-e available to
serve the project and such connection is made. Prior
to connection of the project to the County's off-site
water and/or sewer facilities the Developer, hle
eesigne, or successors shell turn over to the County ·
complete list of the customers lerved by the Interim
utilities system and shall not compote with the County
for the service of those customers. The Developer
31
shall ml~o pr~Ide the C~unty wlth m detailed Inventory
of the facilities merited within the p~J~ mhd ~e
entlty whl~ will ~ res~nslble for the water and/or
s~ se~l~ billing for the p~j~.
All c~netruction plans mhd tachnlcel mpeclflcetlonm
related to connections to t~ ~unty"m ~f-mltm wet~
and/or m~ f~illtlem ~III ~ mu~itt~ ~ ~e
Utllltl~ Division for r~lew and appeal prior to
~n~nt d ~et~ctlon.
The Developer, him Isalgnm or aucces~ors agree to pay
mil system development charges at the Use that
Building PermiLt ore required, pursuant to epproprleto
County Ordinances and Raguletiona In effect et the time
of Permit request. This requirement shall be mode known
to mil prospective buyers of properties for which
building permita will be required prior to the alert of
buildlrKj construction.
The County will lease to the Developer for operation
end maintenance the water distribution and/or sewage
c~llactlon and transmission system For the sum of
$10.00 per year, when such system Is not connected to
the off-site water and/or newer facilities owned end
31
eperatsd by the County. Terms of the lease shall be
determined upon completion of the prepared utility
construction and prior to activation of the ~tsr
supply, treatment and distribution facllltlel and/or
the sewage collection, transmission end treatment
facilities. The Lease, if required, shall remain in
effect until the County can provide water and/m- lewee
service through Its off'-sita facilities or until such
time that bulk rate water and/or lower service
agreements era neg<~tleted with the Interim utility
system serving the project.
Fe
Data squired under County Ordinance No. 10-112 shewing the
availability of sewage service, must be submitted and
approved by the Utilltlet Division prior te approval of the
construction documents for the project. Submit a copy. of
the approved DER permits for the sewage collection and
transmission system~ and the westswatar treatment facility
to be utilized, upon receipt thereof.
If an Interim on-sits water supply, treatment and
transmission facility le utilized to serve the proposed
project, it must be properly sized to lupply average and
peak day domestic demand, In addition to fire flow demand at
a rata approved by the appropriate Fire Control District
servicing the project area.
Construction end ownerehip of the water end rawer
fecilltleao Including any proposed Interim water and/or
eswage trestment fecllitles, shill be In compliance with iii
Utilities DIvlslon Stlnderds, Policies, Ordlnencea,
Practlces, etc. In effect et the time construction epprovll
Is requested.
I.
Detailed hydraullc dulgn reports coverlng the water
distribution end sewage collection end tran~mlsslon eyatenm
to serve the project must be submitted wlth the construction
documents for the project. The reports shell list all
design nssumpUons, demand rates and other factors pertinent
to the system under the c~nelderation.
When the County has the ability to provide sewage treatment
and d~spo~al esrvlcea, the Developer, hie assigns or
successors will be responsible to connect to these
facilities at a point to be established by the County, with
the Developer assuming all costs for the connection work to
The County has not yet determined whether the Cltygate
project will be designated es · treated newage effluent
receiving area. Prior to preparation of deflnitive central
Irrigation plans fee the Cttygata project° appropriate input
shall be obtained from the county ta Insure that applicable
county affluent usa plans ara complied with. If and when
the county deslgnat~ the Citygata project aa a treated
sewage effluent recalvlng area,
meslgns or successors, shall construct the necessary
facilities for use of the treated IlWagl effluent for
Irrigation purposes and potentially fee fire flo~ purposes.
The Citygsta developer may be asslgned r~ponsibility for
providing all required piping and pumping facIIitle~ fram
the County's point of delivery to the project, and may be
required to provlda wet waathee storage facilities, es
required by DER, consistent with the volume of treated
affluent to be utilized. The treated effluent distribution
system, if requiredo shall be constructed pureuent to the
flndlnga of · detailed, county approved hydraulic design
report. The report shall list all design a~aumptlenSo
demand rats., and ether factors pertinent to the
distributlon system. Treated effluent supplied to the
project will be eub]ect to the county's established rata
schedule.
Prior to approval of construction documant~ by tho UUIitle~
Division, the Developer must present verification° pure[sent
to Chapter 367, Florida Statutes, that the Florida Public
Oe
Pe
Service Commission I~s granted terrltorlel rlghLI te the
Developer to provide sewer end/or wetlr servlca to the
project, If mn Interim treatment facility is required, until
the County can provide these services through itl water and
eewer facilities.
No septic tanks are permitted to serve permanent commercial,
Industrial, or similar uses. Temporary septic tanks which
serve temporary sales faciliti~m or other temporary uses
prior to the availability of cantrll sewage treatment
facilities may be utillzed in accord wlth F.D.E.R.
standards.
Any establlsh~nent requiring a CCPHU pernlt nu~t submit pla~a
for revlev and approval.
If a vegetative barrier Is placed around the package
treatment plant and/or land dispesal area, the ESPCD
recemmends that It be located in a manner aa it does net
affect the proper operation of the treatment precis.
The ESPCD recemmends that the petitioner locate the land
epplicatlon slte away from any drainage dltch and/or swale
that may affect the proper' :.~ operatlon of the land disposal
site.
SECTIOt~I VII
RED COCKADED WOODPECKER MANAGEMENT PLAN
The Red Cockaded Woodpecker IRC'W), P1clode! ~,ore.~lls. Is · protected
species of pine forest dwelling wildlife. During planning of the
Cltygats project, eeverel Red Cockaded Woodpecker nest trees were
Identified off the site, end determination wee mede that a number of
Red Cockaded Woodpeckera utilize some of the nest rrm and forage on
the plne forested portions of the Cltygate site, as well as on
acljoinlng off site pine forested lands. A Red Cockaded Woodpecker
Management Plan was prepared, Incorporated In, and approved ·s part of
'the Development Of Regional Impact application. The elements Of the
plan have been Incorporated In the Cltygets Master Development Plan
end this PUD document. The central feature of the Management Plan i·
an agreement to defer development of a 72_~ acre area which embraces
the nest rrm, a buffer of pine forest around the nest rrm, and ·
corridor of pine forest which connects the nest trees to each other
and to existing off-alta pine forested lands on which the birds now
forage, so long as the blrds continue thelr existing nesting pattern.
The 72_* acre intsri~ preserve ares is Indicated un the Master
Development Plan, ee ere the nest trH locations and qO0 foot diameter
circles around each nest trH. After planning of the Citygats project
was initiated, a forest flre severely burned a large portion of the
Cltyg.ts sits, Includlng approximately hslf of the Intsrlm preserve
mme. Many of the pines in the burnKl srea hale dleclo and the Flerld·
Forest Service advises that pine death will continue for several
years. The long term Impact of the forest fire on utilization of the
~ by Red Cockaded Woodpeckers cannot be fortcast with accuracy, but
· nnual monitoring of the birds will provide the needed Information.
The following manegementlmonitorlng activities are an Integral pert of
the Red Cockaded Woodpecker Management Plan ·nd of this PUD document:
Prior to Issuance of construction approval for the streets,
drainage facilities° utilities, etc. in · project
development phase, I Red Cockaded Woodpecker survey
utilizing approved methodology will be conducted to Insure
that the birds have not estsblished nest calltles in the
planned construction eras. The survey shall __,~__.r within ~O
days of the start of construction, and If it is detsrmlned
that Red Cockaded Woodpecker nest cavities have been
established In the construction area, detsrminat$on shall be
made by the agencies responsible for Red Cockaded Woodpecker
protection laws as to the necessity of modifying the Red
Cockaded Wm)clpecker Management Plan.
2. Annual Red Cockaded Wuoclpecker surveys utilizing approved
methodology will be undertaken until five years ~ftar final
bulldout oF the Cltygmts project, wlth results oF tha annual
surveys to be furnished to the Florida Game end Fresh Wltsr
Fish Commission. the Southwest Florida Raglonel Planning
Council. end Cailler County within 30 days oF survey
complatlon.
Meleleuca and other exotic vagetatlon within the Red
Cockaded Woodpecker preserve Ires and als,where on the
Cltygate site will be eradicated, thus algnlflcantly
enhancing the quality oF RCW forage area on site.
Exca~aive undergrowth w111 be controlled by burning india'
by uae oF mechanical equipment.
Pine tJ-iea having a DBH oF I inches or more. located outside
the RCW preserve but within the required yard and buffer
areas In the remainder oF the site. will be conserved to
provide ~clditional RCW fa.age areal
La·da within the RCY/ preserve area may be utilized
limited recreational purposes such H walkway·, Jogging
trails, picnic ficilitles, etc., so long es disturbance
native vegetation ia minlmal and the recreational ectivitle~
avoid the RCW ndt tries.
Underground utilities and surface drainage mwales may crosm
the RCW preserve ·rea.
Th· pre·err· ·rs· will be posted with sign· which Indlcst·
that it is ·n RCW preserve ·nd that disturb·nc· of the birds
ia prohibited end unlawful.
Proposals to modify the Citygat· Red Cockaded WoedperJcer
Managment Plan may be submitted ·t ·ny time. Such prOpQ~nl,
shell be supported by · currant survey of o~-slt· Red
Cockaded Woodpr. Jcar nesting end foraging patterns, and such
additional Information aa la required to evaluate the
proposed Management Plan modlflcstlon. The rationale for
authorizing lends to be removed fr~fl the RCW preserve area
may Include abandonment of the nest trae~ by the bird·
and/or · r. hange in the character of the pine forest forage
area. resulting In a loss of the habitat characteristics
required by the RCW.
Prop·sale to modify the M~nagement Plan shall be sub~ttod
to Collier County aa an amendment to the Citygatl PUD. wlth
copies to the Southwest Florida Regional Planning Council
and Florida Game and Fresh Water Fish Commission. The
Southwest Florida Regional Planning Council ·nd/or the
Florida Game and Fresh Water Fish Commie·loft may provide
comments and r~ndatione to Colllor County regarding the
proposed Management Plan modification.
The Planning/Zoning Director ahall prepare a recommendation
regarding the proposed Management Plan modification; an
advertised public hearing ·hell be held by the Board of
County Commissioners; end upon · finding of suitability the
Board of County Commissioners may, by a majority vote,
authorize the requested Management Plan modification.
The Florid· Game end Fresh Water I~ih Commission has
recommended to the Southwest Florid· Regional Planning
Council that · regional plan be developed which will result
in the public ecqulsltlon of geogrephloally eultable
wildlife habitat whch ia comparable In anmunt and character
to wildlife habitat which ia lear to the process of
urbanization within the region. Commission wildlife
biologists have stated that approximately 233 acres of the
287 acre Cltygata site have the charectarlstlc~ of Red
Cockaded Woodpecker habitat. Th· Commission wildlife
blologista have atated their expectatio,'J that, upon
development of the Citygate alta and surrounding lands,
existing Red Cockaded Woodpecker population will abandon
er·a, In spite of th· establlshment of the Citygate Red
Cockaded Woodpecker preserve oreo end associated Red
Cockaded Woodpecker management commltmenta. In the event. ·
regional wildlife habitat acquisition plan le adopted, the
purpose of which ie to mitigate wildlife habitat Iaaa to
urban development In the reglono the Cltygate project shall
q7
,,- 13!
be zubj~'t to zucJ~ Impzct, f~z or other implementztlon
mezzures ~z ~re I~full¥ en~:t~d for the purpose ot
Implementing the region~l 1ol~no
.~ .033,,., 132
_l. Iii
833,,::,:1:33
· """"'" I
(s)
These sales and services will prim~rIl¥ serve Interst~lte highwey
travslsrs and employee~ or bu~ini~sel within th~ p~J~, Ii op~
~ ~uncUonlng ~l a nelgh~rh~ shopping
The of~ ~t~o~ i~ Ilmit~ ~ o[~cei whi~ are prlnclp=! uses,
~d d~i not Include offices wh]~ ~e =ncilli~ ~ and in~r~r~
in o~er land us=i, i.e. a~lnli~atlve o/[]~ ~i~ln = light '
~nufacturing or re~ear~ and development fl~. ~lt of ~e of~c~
~III have extensive Interaction with bu~ines~e~ external ~ the
p~j~t, but s~e will primarily function a~ ~e~ants of other land
uses within the proj~t.
Parking =pa~ ind ~pleyee estlmate= were la,ely be=ed en ITE
=~ndards and ave~e= clt~ by Urban ~nd Institute
~en definitive publish~ packing and/e~ ~pl~ ~nda~d=
=p~iflc land use were net available. ~e ~fl~ w~e based
publish~ s~ndards fe~ ~e ~st slmila~ uses. The esti~t~
~ploy~= Include ~=e w~ no,ally spend all e~ ~=t ef ~e ~k day
within the project, l.e. efflce werkem. ~le= pe~nnel.
~rker=: ~ployees ~ho Ihuttll ~ and f~ ~eir pl~ of ~plo~lnt
during ~e work day, i.e. dellve~ ~ ~ew=: ~d ~ploy~l w~
=eld~ vi=it ~e proj~t, I.e. ~nuf~turerO= field repre~en~tivel.
It 1~ anticlpat~ that many of ~e ule= wi~in the proj~ will be
~e~ by ~n parking ~1~ Whi~ In,aais ~e effl~ency of
parking =p~ utlllza~on. The.~ploym e~t~t~ foe
ihtion, ~tel/~tel, re~u~nt/Iounge, and ~r~pl o~er um will
be =pr~ over two and, in ~ ~, ~ =hif~ wl~in
peri~.
,oo,
DEVELOPHENT ORDER 88- 2
RESOLUTION 88- 309
DEVELOPMENT ORDER OF THE BOARD OF
COUNTY COHHISSIONERS OF COLLIER COUNTY,
FLORIDA FOR CITYGATE COHHERCE PARK
PLARNED UNIT DEVELOPMENT LOCATED IN
SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA:
N1~EREAS, Vines and Associates, Agent, for CItizen's &
mouther/1 Trust Company (Florida), National Association as
Tntstee for Land Trust t5360 Applicant, filed on Apr,! 15, 1987
w~th the county of Collier an Application for Development
A~proval (ADA} of a Development of Regional Impact (DRI) knoll1
et~ Citygate Co~lerce Park Planned Unit Development in
accordance with Section 380.08{8), Florida Statutes~ and
NHEREAS, Vines and Associates have obtained all necessary
approvals and conditional approvals from the various Collier
Cot~lty agencies, departments, and boards required as a condition
to Planned Unit Development (PUD) zoning and DRI approval~ and
)/HEREAS, the Board of County Cc~lssioners as the governing
body of the unincorporated area of Collier County having
Jurl~diction pursuant to Chapter 380~06 Florida Statutes, is
authorized and empowered to consider Applications for
Development Approval (ADA) for D~vslopmenta of Regional Impact~
WHERF2~, the public notice requirements of Chapter 380
Flor/da Statutes and the Collier County Zoning Ordinance have
and
WHEREAS, the Collier County Planning Commission ham
ravlew~d and considered the report and recomsndatlon o£ the
Bou~hwest Florida Regional Plannln~ Councll (SWFRPC) and held &
publ~o hearing on the ADA on November 3, 1988, and
~, the Board of County co~lssionars has passed
88-93 which rezoned the sub~act prol~rty to PUD~ end
~/HEREAS, Cltygate Commerce Park ADA is also part of an
overall rezoning application by the developer; and the issuance
o£ a d~velopment order pursuant to Chapter 380.06w
~tut~, does not constitute a waiver of any po~ers or rights
~ardin9 the issuance of other development pe~lts by the
~ty or stat~ and
~, on ~c,~r 1], 1988 th~ ~ard of County
emission.rs, at an open public h,arinq In accordanc, with
8ection 380.0~, Florida Statutes. consid~red th~ application for
~v~lopm~nt of Regional Impact submitted b~ Vines and
~s~lat~s, Aq~nt~ the repo~ and r~co~ndations of th~
~ou~st Florida R~glonal Planninq Council (S~)~ th~
~ifi,d r,cord of ~, do~menta~ and oral ,vid~nc~
to ~ Collier County Plannin~ C~ission; ~, repo~ and
r~m, ndations of the Collier County Planninq Co~ission~ the
~c~ndations of Colli,r Count~ ~taff and ~dviso~ ~ards~ and
'~m ~,nts upon ~e r~co~ ~dm ~form this ~ard of County
~lssioners at said ~ettl~, h.r~by ~k~s th~ fo11~lnq
Flndl~s of Facts and Conclusions of ~w:
FINDINGS OF
1. ~* r, al property ~hich Is ~m s~ect of
l~ally descrl~ as s,t fo~h In ~* Planned Unit
~v, lo~,nt ~m~nt for Cityqate Cm~rc, Park
attached h~rato as Exhibit ~A~ and by r,f,renc~ ~de a
pa~
2. ~, application Is In accordanc, ~l~ ~,ction
380.06(6), Florida
3. ~. applicant submitt=d to th. County an A~ and
sufficien~ res~nses ~ as composite E~lbit
and by r~f~r~ncm ~d, a pa~ h~r~of, to the txt.nt
that ~=y ar~ not lnconsist=nt with thm t~m and
conditions of ~is
iiiiii
4. ~hm applicant proposea the development
Commerce Park Planned Unit I)~velopmant for 2aY.la?
acres which includes= 90,000 square feet of
couercial, S36,000 square feet of office, 1,920,000
square feet of Industrial, 250 hotel/motel rooms, and
ao,000 square feet of public, utilitarian,
recreational and educational space.
5. 'I~e ~velopment Is consistent with the report and
recommendations of tbs ~FRPC sub=ltt~d pursuant to
Subsection 3S0.06 (12)~ Florida
~. ~ devalopmen~ rill no~ unrsasonably ln~r[ar~
th~ achlevsmen~ of the ob~ectlvss of
Compr~henslv~ Plan applicable to the arsa.
· . A co~prahenslv~ r~vlsv of ~ Impact gsn~rated by
d~velopmant has been conducted by th~ appropriate
County depa~m~nts and ag~nclss and by
~. ~ d~v~lopment Is not In an area designatsd an Ar~a
o~ Critical ~tat~ Concem pursuant to the pr~lstons
of Ssction 3a0.O~, ~lorifla statutes, as amended.
9. ~ day,lo,ant is conalstent vlth th~ land
davslopment r~la~tons o~ Colllsr County.
10. ~NSIST~ WI~ ~E ~AL ~M~SI~ P~N~
~e project ~s located w~th~n the designated Urba~
Ar,a by the 19S3. Collier County Compr,he~s~ve
~e 231 acres east of the Florida P~er & h~ght
laslllnt hal been amended (O~nancl ~S-.9~3~) to an
Industrial ~nd Us. ~signatlon. ~ ar~a west of th~
FP~ ~asam~nt (37 acres) ~s d~s~gnated as
C~rclal.
N~ ~FO~ ~ ]~ ~O~D by ~ ~a~ o~ County
~lsslon~rs o~ Collier County, Florlda~ In publlc
duly constituted and assailed ~ce~r 13~ 19SS, that th~
Clt~at~ Co~rc~ ~ark ~ppllcation ~or ~v~lo~ent ~pproval
~ltt~ by Vlnes and ~ss~lat~s~ ~g.nt~ is h~r~by ordered
-3-
approved subject to the following conditions as recommended by
~le BWFRPC or In response to their recommendation and the
co~alt~snts specified in the PUD which ars hereby adopted as
conditions of approval of this Development Order:
DRAINAGE/WATER OUALITY ~
The control elevation for the overall surface water
management system shall be based on the historical
average wet season water table of this site.
bo
Each stage of the two-stage surface water management
system aha11 ¢;mply with the South Florida Water
Management District's "Basis of Review".
Co
For those uses that produce hazardous materials, the
applicant shall prepare and submit a Hazardous
Materials Management Plan to Collier County, Florida
Departmsnt of Environmental Rep~/latIon (FDER), South
Florida Water Management District (SFWMD), and Collier
County Division of Zmergency Management for review and
approval, prior to any certificates of occupancy being
Issued.
.3,
d. The applicant shall coordinate with Collier County,
FDER and the SFW~D in the development of a surface
water monitoring maintenance and sampling program to
help ensure achievement of state water quality
standards, as specified In Chapter 17-3, F.A.C.
e. All commitme~tm made by the applicant within the ADA
and subsequent sufficiency documents, not In conflict
with the above racomendations, shall be incorporated
as conditions for approval.
The proposed project will be an all electric project and
will increase the energy demand In the Region. The
applicant has co~-.ttted tn the ADA to variety of
conservation measures to help reduce the energy Impact of
the project. These measures shall be adhered to by the
applicant.
a. The applicant or his successor shall be fully
responsible for site-related roadway and Intersection
lmprovamentm required within the Cltygats co.merci
Park DRI. The applicant shall be required to pay the
full cost for any site-related Intersection
Improvements (Including but not limited to
signalization, turn lanes, and additional through
lanes) found to bs necessary by Collier County for th~
project's access Intersections onto CR-951 and
Landfill Road throughout all phases of the
development. Collier County and the applicant, shall
limit the number of access roads from Cltygata to
CR-951 in order to preserve capacity on CR-951, a
regional roadway.
Adequate commitments shall be provided by the
applicant for the necessary transportation
improvements, including design and engineering,
utility relocation, right-of-way acquisition,
construction, construction contract administration,
bo
and construction Inspection necessary to maintain peak
season/peak hour LOS "O# for the following
siqnificantly impacted rsqional roadways through
project bulldout in 2003~
- Vanderbllt Beach Road to Golden Oats Boulevard
- Cltyqate North Entrance to 1-75
- 1-75 to Davis Boulevard
- Davis Boulevard to CR-854 (Rattlesnake Hammock
Road)
OI-846 fImmokalee Road)
- Airport-Pulling Road to 1-75
01-s96 tPlne RidGe Road)
- Airport-Pulling Road to 1-75
SR-84 /Davis Boulevard~
Alrport-Pulllnq Road to County Barn Road
Radio Road to CR-951
Ce
Adequate commitments shall be provided by the
applicant for the necessary improvements, including
but not limited to, right-of-way, cost of
signalization, turn lanes, and other improvements
deemed necessary by Collier County or the Florida
Department of Transportation (FDOT), as appropriate,
to ~atntaln level of service "D" on a peak season/peak
hour basis for the following significantly impacted
off-site regional intersections through project
buildout:
CR-951 at SR-84 (Davis Boulevard)
CR-951 at Golden Gate Parkway
01-951 at 1-75 ramps
01-951 at Rattlesnake Hammock Road
CR-951 at Landfill Road (also a site entrance)
$R-84 at Airport-Pulling Road
SR-84 at Radio Road
The timing for the initiation of the improvements
outlined in recommendations #b# and #c# above shall be
made at the time that a road segment la found to
exceed LOS #D" on a peak season/plak hour basil, or a
road intersection is found to exceed a peak hour level
of service #D". Service level determination shall be
made by Collier County or FDOT, as appropriate. To
determine the existing levels of service on regional
facilities and the need for improvements in a timely
manner, the applicant aha11 submit an annual
monitoring report to Collier County, Naples Area
(Collier County) Metropolitan Planning Organization
(MPG), the Collier County Transportation Department,
FDOT, and the SouthwesC Florida Regional Planning
Council for review. The first monitoring report shall
be submitted one year after the issuance of
development order for Cltygate DRI. Reports shall be
submitted annually until buildout of the project, and
at a minimum, shall contain turning movements and
traffic counts taken at the access points to the
project, turning movements at each of the regional
Oo
-5-
intersections listed above in reconendation "c#, and
a calculation of the existing level of service at
these intersections and on the road secants indicated
above in item #b".
The levels of service shall be calculated according to
current professional standards and should provide an
indication of when peak hour/peak season LOS D is
expected on impacted roadways and/or peak hour LOS
on impacted intersections. It will provide updated
infor~ation to more accurately forecast pro,eot
buildout traffic and total traffic for deter~lnation
of proportional share.
During each Phase, prior to the approval of any land
use proposed in any subsequent future Phase, the
applicant shall submit for County, Regional, and FDOT
review, an evaluation of the transportation level of
service conditions in the area and the anticipated
impacts of each phase of Cityqate. If this evaluation
indicates that the assumptions on which the
Development Order was based are being exceeded and
that a substantial deviation had occurred or will
occur during any Phase a full assessment o~ DRX
~ieetion 31 will be required.
Based on the staff transportation assessment of
significant project impacts, construction of the
follo~ing transportation improvements shall be needed
prior to, or coincident with, development of Cltygate
Cow, narcs Park DRZ (1988-2003) if peak season/peak
hour LOS 'D# conditions are to be maintained on
regional road se~aents with peak hour level of service
##
D in regional intersections.
~te~lonal Roadways and local roadways (including
intersection/interchange improvements)
~avis Slvd. to c l t-s64
(Rattlesnake Hammock Road)
#Idem to four lanes with a
median (se~ent is proqra~aed
for widening In FY 1993-94)
Phase 2! (1991-19941
additional improvements are indicated.
6X-75 to Davis ~oulevard
(Oavis 81vd.~
Road to
Barn Road
Road to CR-951
#lden to six lanes with a
median
#idem to four lanes with a
~edlan
Widen to four lanes with a
median
-6-
&dditional improvements are indicated.
~hass V f2001-20031
:hilt Beach ltd. to
Golden Cats Boulevard
North Entrance to
X-75
Blvd. to CR-864
Rattlesnake Ha~ock stead)
~-84S (Znokalee Road1
~6Alrport-Pulling Rd. to 1-75
:.&J~[l-port-l, ulling Road to X-75
Widen to four lanes with a
median
#ides to six lanes vitha
median
#ides to six lanes with a
median
Widen to six lanes with a
median
#ides to six lanes with a
median
Bern Road to OR-951
g.
Widen to four lanes with a
median
The listing above assumes that improvements required
in an earlier phase are provided in that phase.
The FDOT shall be involved in rsvievinq improvement
designs and the identification of appropriate coats
for improvements on the State Highway System to be
used in calculating the applicant's proportionate
share. These costs shall include all aspects of
required improvements including design, utility
relocation, drainage, construction and other related
COSTS.
Prior to building construction south of the planned
east/vest road abutting the County water treatment
plant and west of the Florida Power & Light
transmission line easement, or no later than 6 months
from the date of approval of this Development Order;
FDOT shall be consulted in order that a determination
can be made of the necessity to rsserve 1-75
interchange enlargement area for right-of-way
acquisition by utilization of Chapter 337, Florida
~s to each phase of development and prior to
co~encement of each phawe of development either of
the following conditions shall provide adequate
commitments for improvements indicated abovs to
significantly impacted regional and local roadways and
intersections=
(1)
If annual monitoring reports confir~ that traffic
volumes on the road segments or intersections
above exceed LOg "D# peak season/peak hour and
the project is utilizing more than 5% o~ the
respective level of service capacity, then
building permits for any future phase shall not
be granted until funding of the needed
improvements for that phase is committed and
construction has commenced. Building permits for
the current phase shall be granted provided the
level of service of the road segments and
intersections above does not exceed LOS El or
(2) The transportation impacts to the roads and
intersections above shall be appropriately
addressed consistent with Southwest Florida
Regional Planning Council policies and with the
minimum mitigative measures proposed by the
Florida Department of Community Affairs in Rule
9J-2.0255, Florida Administrative Code
Transportation Policy. The Regional Planning
Council shall be consulted during the calculation
of proportional share and/or pipelintng of
regional road improvements pursuant to the DCA
rule. In the DCA rule formula, 'tripe existing'
shall be defined to mean all non-DRI trips on the
roadway (or intersection) existing at the same
time as the DRI trips in the proportionate share
calculation. The resultant DCA proportionate
share formula shall be applied to the total costs
of necessary roadway and intersection
improvements.
VECETA?ION AND
a. Golden Polypod7 Ferns and Butterfly Orchids shall be
relocated to appropriate protected areas on-site.
b. The 2.4? acres of wetlands preserve shown on the
approved Master Development Plan shall be preserved.
c. Prior to issuance of construction per, Its for an
approved development phase of the citygate project, a
Red Cockaded Woodpecker (RCW) survey utilizing
previously approved methodology will be conducted to
insure that Rc~/a have not established nest cavities in
the development area. The survey shall occur within
60 days of the start of construction, and if it is
determined that RCN nest cavities have been
established in the construction area, determination
shall be ~ada by the agencies responsible for
protection laws as to the necessity of modifying the
RCN Management Plan.
d. Annual RCN surveys, utilizing the previously approved
methodology, will be undertaken until 5 year after
final build-.out of the citygats project, with results
of the annual RCN surveys to be reported to Game and
Fish Commission (GFC), V.S. Fish Wildlife Service
(USF~S), SWF~C, and Collier County within ~0 days
survey completion.
033,,,,, 144
-8-
ge
me
l~oposals to modify the citygate RCI4 Management Plan
my be aub~itted at any time. Such proposals shall be
supported by a current survey of on-site RCW nesting
and foraging patterns, and such additional lnfo~atlon
ss Is required to evaluate the proposed Nanagement
Plan modification. Upon detsr~lnation that the on
sits colonies in any area sought to be removed from
RCW Preserve Area have bssn abandoned, and any
required off site mitigation is being provided,
appropriate modification to the RCW Management Plan
shall be approved.
Melaleuca and other exotic vegetation within the RC~
preserve area and elsewhere on the Citygate site will
be eradicated, thus significantly enhancing the
quality of RC~ forage area on site.
Excessive undergrowth will be controlled by burning
and/or by use of mechanical equipment.
Pine trees having a Diameter Breast Height (DBH) of
or more, located outside the RCW preserve but within
the required yard and buffer areas In the remainder of
the site, will be conserved to provide additional RCW
forage areas. East of the FP&L easement in the
vicinity of the RCW preserve area as identified on the
Master Plan the minimum parcel sizes are to be 2
acres~ minimum yards are front 50' rear 50' side
not more than 20% of these required yards may be
devoted to vehicular drives and parking epacee~ at
least 30% of each development site must be devoted to
natural and/or installed landscape areas.
Lands within the RCW preserve area ~ay be utilized for
limited recreational purposes such as walkways,
Jogging trails, picnic facilities, etc., so long as
disturbance to native vegetation ts slni~al and the
recreational activities avoid the RCW nest trees.
Underground utilities and surface drainage swales
cross the RCW preserve area.
The preserve area shall be poeted with signs which
indicate that it is an RCW preserve and that
disturbance of the birds is prohibited and unlaw£ul.
When a regional mitigation plan is approved and
Implemented the applicant's plan shall be subject to
the provisions thereof.
All other Comltments made by the Applicant either in
the titillate ADA or sufficiency documents, not In
conflict with the above recomendatlons, shall be
incorporated as conditions for development order
approval.
033,,,,, i45
be
#o conaercial, Service R & D and/or Industrial
develol~nent shall be allowed until a package treatment
plant or central processing plant is on line to serve
the project.
Ce
The applicant shall provide assurance that any
hazardous wast.water will be segregated from everyday
If percolation ponds are used, they must fully con~ly
with FDERStandards.
FIRE FROTECTION~
Fire sprinklers shall be included throughout the
project as required by applicable fire codes.
The project shall participate in lawfully adopted,
generally applicable fair share requirements to fund
fire control district facility, equipment and
personnel needs in order to mitigate project impacts.
The applicant shall meet with appropriate fire
district representatives during site plan review in
order to incorporate any required features into the
overall project design.
The applicant and subsequent tenants o~ the project
Ihall investigate methods of reducing solid waste
volume.
be
The applicant and subsequent tenants shall Identify
the proper on-site handling and temporary storage
procedures for any hazardous waste that may be
generated on-site, in accordance with local, regional,
state and federal hazardous waste programs.
The applicant shall consider the utilization of
"xeriscape" in the final landscape design for this
project. This design application Ihould help to
further reduce irrigation requirements for this DRI.
Water conservation measures and practices shall be
utilized in the Cltygate Couerca Park project. At a
minimum, water conser~ation devices described in the
Water Conservation Act (Chapter 553.14 Florida
S~atutes) nuat be used, landscape irrigation shall be
restricted to the hours of 5 p.I. to 9 a.m., and
non-potable water sources should be utilized for
irrigation where possible.
m m I
The devalopnant shall satisfy the requirements of any
Ordinance, which also requires other developments not
subject to Chapter 380.06~ Florida Statutes procedures
to participate, to contribute its proportionate share
needed to accommodate the impacts of the davelopmant~
or
Pursuant to Chapter 380.06(16), Florida Statutes, the
applicant may be subject to credit for contributions,
construction, expansion, or ac~uisitio, of public
facilities, if the developer il also subject by local
ordinance to ispact fees or exactions to meet the same
needs. The local government and the developer nay
enter into a capital contribution front-ending
agreement to reimburse the developer for voluntary
contributions in excess of his fair share.
The development phasing schedule presented within the
ADA and as adjusted to the date of development order
approval with phase endings mod£fied as follows=
Phase X - 1994, Phase XX - 1997, Phase IIX - 2000,
Phase IV - 2003, Phase V - 2006, shall be incorporated
as a condition of approval. If development order
conditions and applicant commitments incorporated
within the development order to mitigate regional
impacts, are not carried ou~ as indicated to the
extent or in accordance with the timing schedules
specified within the development order and this
phasing schedule, then this shall be presumed to baa
substantial deviation for the affected regional issue.
10. P.U.D. DOCUMENT:
The approved Cltygate ~JD document and Master Development
Plan, ae those documents ~ay be officially modified from
time to time, are hereby lncorporattd in and made a part of
this Development Order and are entitled Exhibit
attached hereto.
BE IT FURTHER RESOLVED, by the Board, of County Con. lesion.rs of
Collier County thatc
All commitments and impact mitigating actions provided
by the applicant in the Application for Development
Approval and supplemental documents and the
Application for Public Hearing for rezoning and
supplemental documents that are not in conflict with
conditionsor stipulations specifically enumerated
above are hereby adopted by this Development Order by
rafersncs.
The Development Services Director shall be the local
official ~esponsibls for assuring compliance with the
Development Order.
4e
Thle Development Order ehall remain in sffect for fha
duration of the project. However, in the event that
significant physical development ham not commenced
within five (5) years from the data of final approval
of the Development Order, development approval will
ter~inate and this development order shall no longer
be effectiVe. For purposes of this requirement
"significant physical development" does not include
roads, drainage or landscaping but does include
construction of buildings or installation of utilities
and facilities such aa sever and water lines. This
time period ma7 be extended by the Board of County
Commissioners upon request b7 the Developer in the
event that uncontrollable circumstances delay the
commencement of development.
Pursuant to Section 380.06 (15) (c) 3, Florida Statutes
(1987), this project is exempt from down zoning or
intensity or density reduction for a period of seven
(?) years from the date of adoption of the Development
Order, subject to the conditions and limitations of
that Section of the Florida Statutes, provided that
physical development commences within five (5) years
aa provided in Section 3 hereof.
The applicant or Its successor(e) in title to the
subject property shall submit a repor~ annually,
commencing one year from the effective date of this
development order, to the Board of County
Commissioners of Collier County, the Southwest Florida
Regional Planning Council, and the Department of
Community Affairs. This report shall contain the
information required in Section 9J-2.025(6), Florida
Administrative Code. Failure to submit the annual
report shall be governed by Subsection 380.06 (18),
Florida Statutes.
Subsequent requests for development per, its shall not
require further revlev pursuant to Section 380.06,
Florida Statutes, unless it ia found by the Board of
County Commissioners of Collier County, after due
notice and hearing, that one or more of the following
is present:
ae
A substantial deviation frma the ter~s or
conditions of this development order, a
substantial deviation to the project development
phasing schedule, or substantial deviation from
the approved development plans which create a
reasonable likelihood of adverse regional impacts
or other regional impacts which warm not
evaluated in the review by the Southwest Florida
Regional Planning Council~ or
be
An expiration of the period of effectiveness of
this development order as provided herein.
Upon a finding that either of the above ia presented,
the Board of County Co~lssionsra of collier county
shall order a termination of all development activity
until such time as a new DRI Application for
Development Approval has been submitted, reviewed and
approved in accordance with Section 380.06, ~]~EJ&~
The approval granted by this Development Order Is
limited. Such approval shall not be construed to
obviate the duty of the applicant to comply with all
other applicable local, state or federal permitting
procedures.
The definitions contair~d within Chapter 380.05,
Florida Statutes, shall control the interpretation and
construction of any terms of this Development Order.
This Order shall be binding upon the Developer, Its
assignees or successors In Interest.
10.
It le understood that any reference herein to any
governmental agency shall be construed to mean any
future instrumentality which ~y be created or
designated or successor in interest to, or which
otherwise pOSlellSe any of the powers and duties of
any referenced governmental agency in existence on the
effective date of this Order.
11.
In the event that any portion or section of this Order
le determined to be invalid, Illegal, or
unconstitutional by a court or aqenc,/ of competent
Jurisdiction, such decision shall in no manner effect
the remaining portions of this Order which shall
re~aln In full force and effect.
12. This resolution shall become effective as provided by
Law.
13.
Certified copies of this order are to be sent
l.~ediately to the Department of Community Affairs,
and Southwest Florida Regional Planning council.
~LY PASSED AND ADOPTED this
DATE: December 13~ 19O8
~': .. ..... . Ye ..
Ce,
13Ch day of D~ember , 1988..
IEARD OF COL~TY COE~ISSIONERS
Deputy Clerk
AND LEGAL SUFFICIENCY
M. STUDENT
:START COUNTY ATTORNEY
-13-
::.Co~ oF COh~R )
f~ ~n~leth Judicial Ctrcutt, Collier Count~, Florida,
hereby certify that the foregoing ~= a true copy
Ordinance No. 88-93 and
Develop=ant Order 88-2/Resolution
khJch waa adopted by the Board of County Co~Jalesloners on the
lJth day of Dace=bar, 1088, during Regular
NIT]lESS ~ hand and the official seal of the Board of
County Co~mlssloner. of Collier County, Florida, this 20th
d~¥ o~ Deceaber, 1988.
3A~ES C. OZLE~
Clerk of Courts and Clerk
Zx-off~cto to Board of
/~'~C~unt'! Com=~nere