Ordinance 99-89ORDINANCE 99- 89
AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBERED 8630N
BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
"PUD" TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS BRENTWOOD PUD HAVING THE
EFFECT OF REDUCING THE MAXIMUM BUILDING
HEIGHT TO 40 FEET, ELIMINATING LIGHT
MANUFACTURING WHOLESALE, AND GENERAL
STORAGE AS PERMITTED USES AND ADDING
COMMERCIAL USES AND DIRECTING
STORMWATER DRAINAGE INTO THE MALIBU
LAKE PUD SYSTEM, FOR PROPERTY LOCATED
ON THE SOUTH SIDE OF IMMOKALEE ROAD (S.R.
846) BETWEEN 1-75 AND OAKES BOULEVARD, IN
SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 18.67+ ACRES; PROVIDING FOR THE REPEAL
OF ORDINANCE NUMBER 90-36, AS AMENDED,
THE FORMER BRENTWOOD PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, William L. Hoover, AICP, of Hoover Planning, representing 846 Devo~l.0p.,ments
of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification: 6f
7. ~ ~.-~ ..
the herein described real property; t53 :::i,',o
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
SECTION ONE:
The Zoning Classification of the herein described real property located in Section 30, Township
48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is
incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered
8630N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is
hereby amended accordingly.
-3_-
SECTION TWO:
Ordinance Number 90-36, as amended, known as the Brentwood PUD, adopted on
May 15, 1990, by the Board of County Commissioners of Collier County, is hereby repealed in its
entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this/~,/~day of ,~.~_o ,1999.
,' ATTEST...' ,,
-" ~- DWIGHT E;-BROCK, Clerk
z ' ; -'{'." ., .'" ~--',~ '-': -
'...,~ ,.. ~" ~,.. , .,;
l's,-to ChaSrean'$
Approved as to Form aha
Legal Sufficiency
Marjo~e M. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
This ordinonce filed with the
D:lecretary of ~ 0
oy of
ond ocknowledgeme_nt c',{ lhot
{ilin9 r~ceived this~_~'~.,~ cloy
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-2-
BBEHTWOOD PUD
A PLANNED gNIT DEVELOPMENT
PREPARED FOR:
LARRY GODE
846 DEVELOPMENTS OF NAPLES, INC.
5475 SHIRLEY STREET, SUITE 2
NAPLES, FLORIDA 34109
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING
3785 AIRPORT ROAD N., SUITE B
NAPLES, FLORIDA 34105
AND
GEOFFREY G. PURSE, P.E./JERRY NEAL, P.E.
PUR8E ASSOCIATES, INC.
4460 BONITA BEACH ROAD, SUITE 9
BONITA SPRINGS, FLORIDA 34134
DATE FILED
DATE REVISED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
September 8, 1999
November :~3. 1~,99
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III COMMERCIAL AREAS PLAN
SECTION IV DEVELOPMENT COMMITMENTS
PAGE
i
ii
1
2
5
8
13
LIST OF EXHIBITS
EXHIBIT
EXHIBIT 'B-1"
EXHIBIT "B-2"
EXHIBIT "C"
EXHIBIT "D"
EXHIBIT "E"
PUD MASTER PLAN
MASTER DRAINAGE PLAN
WATER MANAGEMENT LAKE
MASTER UTILITIES SITE PLAN
LEGAL DESCRIPTION
SFWMD JURISDICTIONAL LETTER
STATEMENT OF COMPLIANCE
The development of approximately 18.67:1: acres of property in Collier County, as a
Planned Unit Development to be known as Brentwood PUD will be in compliance with
the planning goals and objectives of Collier County as set forth in the Collier County
Growth Management Plan. The commercial facilities of the Brentwood PUD will be
consistent with the growth policies, land development regulations, and applicable
comprehensive planning objectives for the following reasons:
The subject property is within the Interstate Activity Center Land Use
Designation as identified on the Future Land Use Map, as described in the
Activity Center Sub-District of the Urban - Commercial District in the Future Land
Use Element. The Future Land Use Element permits commercial land uses in
this area.
The subject property is located at the southwest corner of the intersection
between Northbrooke Drive and Immokalee Road. This strategic location allows
the commercial site area superior access for the location of highway interchange
land uses, as permitted by the Future Land Use Element.
The subject property's location in relation to existing or proposed community
facilities and services permits the development's intensity of commercial land
uses as required in Objective 2 of the Future Land Use Element.'
The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1.H and 3.1.L of the
Future Land Use Element.
The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code.
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Brentwood PUD.
1.2 LEGAL DESCRIPTION
The subject property being 18.67:1: acres, located in Section 30, Township 48
South, and Range 26 East, with the legal descriptions provided as Exhibit "D".
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
846 Developments of Naples, Inc.
5475 Shirley Street, Suite 2
Naples, Florida 34109
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
The subject property is located at the southwest corner of the intersection
between Northbrooke Drive and Immokalee Road, in unincorporated
Collier County, Florida.
Bo
The subject property consists of the existing Brentwood PUD, that is
undeveloped but approved for retail commercial, storage, industrial, and
office land uses. Retail commercial, office, and light storage land uses
would continue to be permitted on this parcel within this PUD.
1.5 PHYSICAL DESCRIPTION
The project site is located along the western boundary and within the Main
Golden Gate Drainage Basin according to the Collier County Storm Water
Management Program Master Plan. The proposed out-fall for the project is the
existing canal located along the project's eastern property line.
1.6
1.7
Natural ground elevation is approximately 10.2 to 13.9 NGVD. The entire site is
located within FEMA Flood Zone "X" with no base flood elevation specified. The
ground on the site is lowest adjacent to Immokalee Road. The ground gradually
slopes upward from the north to the south with the highest portion towards the
southern end of the project.
The storm water management system for the project will be designed in
accordance with the South Florida Water Management District's Rules. The on-
site drainage system will be designed for a 25-year, 3-day storm event, with a
perimeter berm having a crest elevation set at the 100-year, 3-day flood stage.
Water quality pretreatment will be provided by a dry retention and/or lake system
prior to discharge to the existing canal. The storm water management system
may be located on-site or off-site. The existing canal along the eastern
boundary may be widened to provide additional storage capacity upon
agreement with the Big Cypress Basin Board (SFWMD). The site drainage may
be directed into the Malibu Lake PUD system for quantity and quality treatment
upon written agreement with the developer of the Malibu Lake PUD.
Per Collier County Soil Survey, dated 1998, there are 2 types of soil found within
the limits of the property:
#2 - Holopaw Fine Sand, Limestone Substratum (hydric)
#21 - Boca Fine Sand
The Holopaw Fine Sand is a narrow strip located along Immokalee Road and
along the canal. This comprises about 4.7 acres or about 25% of the site. The
Boca Fine Sand covers about 14 acres or 75% of the site. The Hydric Soils of
Florida Handboo.k, 2nd edition, describes the Holopaw Fine Sand unit as hydric
and the Boca Fine Sand unit as a non-hydric soil with 40% hydric soil inclusions.
The site vegetation consists mainly of Melaleuca in the northern portion and
Pine Flatwoods-CypresslCabbage Palm in the southern portion. The site has
been heavily invaded by the exotics: Melaleuca and Brazilian Pepper.
PROJECT DESCRIP..TION
The Brentwood PUD is an 18.67-acre commercial project. The commercial land
uses and signage are designed to be harmonious with one another in a natural
setting by using common architecture themes, quality screening/buffering, and
native vegetation, whenever feasible.
SHORT TITLE
This Ordinance shall be known and cited as the "Brentwood Planned Unit
Development Ordinance".
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
2.2 GENERAL
Ao
Regulations for development of the Brentwood PUD shall be in
accordance with the contents of this document, PUD - Planned Unit
Development District and other applicable sections and parts of the
Collier County Land Development Code 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,
such as but not limited to Final Subdivision Plat, Final Site Development
Plan, Excavation Permit and Preliminary Work Authorization. Where
these regulations fail to provide developmental standards then the
provisions of the most similar district in the Land Development Code shall
apply.
Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application.
All conditions imposed and graphic material presented depicting
restrictions for the development of the Brentwood PUD shall become part
of the regulations which govern the manner in which the PUD site may be
developed.
De
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.
Eo
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate
Public Facilities of the Collier County Land Development Code at the
earliest, or next, to occur of either Final Site Development Plan approval,
Final Plat approval, or building permit issuance applicable to this
development.
2.3 DESCRIPTION OF PROJECT DENSITY AND INTENSITY OF LAND USES
A maximum of 186,700 square feet of commercial area is projected for
construction on the 18.67 acres of this project. Each 26 hotel rooms developed,
would replace approximately 10,000 square feet of commercial area projected
for development on this project.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Ao
The types of uses identified on the PUD Master Plan shall be as set forth
in the general configuration iljustrated graphically on Exhibit "A", which
constitutes the required PUD Development Plan. Any division of the
property and the development of the land shall be in compliance with the
uses identified on the PUD Master Plan, Division 3.2 Subdivisions of the
Land Development Code, and the platting laws of the State of Florida.
The provisions of Division 3.3, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts or parcels of land as provided in said Division 3.3 prior to
the issuance of a building permit or other development order.
C. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and the methodology for
providing perpetual maintenance of common facilities.
2.5 MODEL UNITS AND SALES FACILITIES
Temporary sales trailers and construction trailers can be placed on the site after
Site Development Plan approval and prior to the recording of Subdivision Plats,
subject to the other requirements of Section 2.6.33.3 of the Land Development
Code.
2.6 pROVISION F. OR OFIJ=-S!TE...REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions.
Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code,
whereby off-site removal shall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards.
Bo
All other provisions of Division 3.5, Excavation of the Land Development
Code shall apply.
SECTION III
COMMERCIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Commercial Areas as shown on Exhibit "A", PUD Master Plan.
3.2 GENERAL DESCRIPTION
Commercial areas designated on the PUD Master Plan are intended to provide
retail commercial, office, and light storage uses.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Amusement and Recreation Services (groups 7911 ,. 7933, 7991).
2. Apparel and Accessory stores (groups 5611 - 5699).
Automotive Dealers (group 5511), Auto Supply Stores (group
5531), Convenience Food Stores with gas pumps (group 5411)
and Gasoline Service Stations (Group 5541 Automobile Service
Stations only, with services and repairs as described in Section
2.6.28 of the Collier County Land Development Code and
excluding Truck Stops - Retail. Diesel pumps may only be
provided for automobiles and trucks of 1 ton or less capacity.),
Boat Dealers (5551) and Motorcycle Dealers (5571).
Auto Rental Services and Car Washes (groups 7514, 7515, 7542
only for automobiles and trucks/buses of I ton or less capacity).
Building Materials, Hardware, and Garden Supply (groups 5231-
5261).
Business Services (groups 7311, 7313, 7322 - 7338, 7361, 7371 -
7384).
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Depository and Non-Depository Institutions (groups 6021-6199).
Eating Places (group 5812) and Drinking Places (group 5813 only
cocktail lounges and night clubs in conjunction with a restaurant.)
Educational Services (groups 8211 - 8249 no exterior instruction of
motorized equipment, 8299).
Food Stores ( 5411, 5421, 5431 except roadside sales - 5499).
General Merchandise Stores (groups 5311 - 5399).
Health Services (groups 8011 - 8099).
Holding and Other Investment Offices (groups 6712 - 6799).
Home Furniture, Furnishings and Equipment Stores (groups 5712 -
5736).
Hotels and Motels (group 7011).
Insurance Carriers, Agents, Brokers, and Services (groups 6311 -
6399, 6411).
Legal Services (group 8111).
Membership Organizations (groups 8611, 8621, 8641, 8661).
Miscellaneous Repair (groups 7622 - 7631).
Miscellaneous Retail
5949, 5992 - 5999
tombstone sales).
(groups 5912, 5932 antiques only 5941 -
except auction rooms, monument and
Movie Theaters (group 7832) and Video Tape Rental (group 7841).
Museums and Art Galleries (group 8412).
Personal Services (group 7212 Dry-cleaning and laundry pickup
stations only 7215, 7217, 7219 - 7291, 7299 car title and tag
service and tanning salon only).
3.4
24. Professional Offices, Research, and Management Consulting
Services (groups 8711 - 8748).
25. Public Administration (groups 9111 - 9661).
26. Real Estate Agents and Managers (groups 6512 - 6552).
27. Security and Commodity Dealers (groups 6211 -6289).
28. Social Services (groups 8322 only adult day care services,
counseling services, and senior citizens associations 8351).
29. Travel Agencies (group 4724).
30.
Veterinary Services (group 0742 for household pets only and
without any overnight boarding or outside kennels).
31.
Warehousing (group 4225 but for self-storage only with no outdoor
storage, no on-site maintenance/manufacturing, and buildings
architecturally designed to look like office buildings for persons
viewing the project from off-site.)
32.
Any other commercial use or professional service deemed
comparable in nature by the Development Services Director.
B. Accessory Uses:
1. Uses and structures that are accessory and incidental to the
Permitted Uses within this PUD Document.
2. Cocktail Lounge (group 5813, only in conjunction with Eating
Places).
Caretaker's residence as described in Section 2.6.16 of the Land
Development Code.
DEVELOPMENT S, TANDARDS
A. Minimum Lot Area:
Ten thousand (10,000) square feet.
Minimum Lot Width:
10
Do
Ho
Seventy-five (75) feet.
Minimum Yards:
(1) Principal structures:
(2)
(a)
(b)
(c)
Accessory Structures:
Setbacks shall be as
Front Yards - Twenty (20) feet.
Rear Yards - Fifteen (15) feet.
Side Yards - Ten (10) feet.
required by Division 2.6.2 of the Land
Development Code in effect at time of building permit application.
Distance Between Principal Structures:
One-half the sum of the heights but a minimum of ten (10) feet.
Minimum Floor Area of Principal Structure:
Seven hundred (700) square feet of gross floor area for each building on
the ground floor.
Maximum Hei.qht:
Forty (40) feet.
off-Strept Parkina and Lo, adina Re(~uirements:
As required by Division 2.3 of the Land Development Code in effect at the
time of building permit application.
Open Space/Natural Habitat preserve Area Requirements:
1. A minimum of thirty (30) percent open space based on the gross
area for the Commercial Areas of the PUD, as described in Section
2.6.32.3 of the Land Development Code.
Buffering Requirements:
II
(1)
A twenty (20) foot wide Type 'D" Buffer shall be provided along
Immokalee Road, with the landscaping as required in Section
2.4.7.4 of the Collier County Land Development Code.
(2)
A ten (10) foot wide Type "A" Buffer shall be provided along the
western PUD boundary, with the landscaping as required in
Section 2.4.7.4 of the Collier County Land Development Code.
.This Type "A' Buffer requirement may be waived by the Current
Planning Staff where the site is simultaneously developed as a
single project with the abutting Mocake PUD to the west and cross-
accesses are provided.
(3)
A fifteen (15) foot Buffer "B" shall be provided along the southern
boundary of the PUD. If a Natural Habitat Preserve Area is
developed along the northern boundary of the abutting Residential
Area of the Malibu Lake PUD, this buffer shall not be required as
long as this preserve area meets the requirements of a Type "B"
Buffer.
J. Si_tins
(1)
The subject project and the residential portion of the Malibu Lakes
PUD shall have a common name. A sign will be permitted
identifying the residential project(s), including directions to the
project(s). The sign shall not exceed twenty-four (24) square feet.
(2)
All other signs shall be permitted as described in Section 2.5 of the
Collier County Land Development Code.
SECTION IV
DEVELOPMENT COMMITMENTS
4.1
4.2
4.3
PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
GENERAL
All facilities shall be constructed in strict accordance with Final Site
Development Plans, Final Subdivision Plans and all applicable State and local
laws, codes, and regulations applicable to this PUD, in effect at the time of Final
Plat, Final Site Development Plan approval or building permit application as the
case may be. Except where specifically noted or stated otherwise, the standards
and specifications of the official County Land Development Code shall apply to
this project even if the land within the PUD is not to be platted. The developer,
his successor and assigns, shall be responsible for the commitments outlined in
this document.
The developer, his successor or assignee, shall agree to follow the PUD Master
Plan and the regulations of this PUD as adopted and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor in title or assignee is subject to the commitments within this
Agreement.
PUD MASTER PLAN
Exhibit 'W', PUD Master Plan iljustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code, amendments may be
made from time to time.
All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
13
4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
the time of site plan submittal. The project is projected to be completed in two
(2) or three (3) phases.
Ao
The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
B. Mo..nitorin.(I Rel3ort: An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development
Code.
4.5 ENGINEERING
Ao
This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
Bo
Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Division 3.2., Subdivisions.
4.6 WATER MANAGEMENT
Ao
A copy of the Surface Water Permit application shall be sent to Collier
County Development Services with the SDP submittal.
Bo
A copy of the Malibu Lake Surface Water Permit shall be submitted to
Collier County Development Services prior to Final Site Development
Plan Approval.
An Excavation Permit will be required for any proposed lakes In
accordance with Division 3.5 of the Collier County Land Development
Code and SFWMD Rules.
Lake setbacks from the perimeter of the PUD may be reduced to twenty-
five (25) feet where a six (6) foot high fence or suitable substantial barrier
is erected.
A right-of-way permit from the Big Cypress Basin Board (SFWMD) shall
be obtained for any impacts in the canal east of the property.
14
4.7
4.8
4.9
UTILITIES
Ao
Water distribution, sewage collection and transmission and ir~terim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other applicable County
rules and regulations.
Bo
Except on an interim basis, for structures such as sales/construction
trailers and models, the project shall be required to hook-up to and utilize
public water and sewer facilities.
Co
At the time of Site Development Plan review, the site plan shall indicate
the main size and the cul-de-sac radius.
TRAFFIC
Ao
The applicant shall be responsible for the installation of arterial level
street lighting at the project entrance onto Immokalee Road, prior to the
issuance of any Certificates of Occupancy, unless these improvements
have already been accomplished or are shown as part of the 4-1aning
plan for the Immokalee Road corridor.
The project may be required to proceed in phases beyond 1999 if the
Level of Services (LOS) of any roadway within the Radius of Development
Impact (RDI) falls below the minimum standard set forth in the Growth
Management Plan. The petitioner may, however, provide additional
capacity, such as additional turn lanes at intersections or traffic signals, if
warranted, in advance of when the County would otherwise have
programmed any such improvement.
Co
If the project receives a minimum of a right-in/right-out access that aligns
with Northbrooke Drive, the Brentwood PUD shall eliminate their access
onto the existing frontage read and a cross-access shall be provided to
the commercial portion of the Malibu Lake PUD upon receipt of a "fair
share" payment from the property owner of the commercial portion of the
Malibu Lake PUD for all of the Immokalee Road/Northbrooke Drive
intersection improvements, the southerly Northbrooke Drive Extension
roadway/utility improvements, and the westerly roadway/utility
improvements across the Brentwood PUD.
PLANNING
15
4.10
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during
the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
ENVIRONMENTAL
Ao
South Florida Water Management District has performed a Jurisdictional
Determination on this property and did not claim any part of the site as
wetlands. A copy of the District's letter dated February 24, 1999, is
attached.
Petitioner shall comply with the guidelines and recommendations of the
U.S. Fish & Wildlife Service (USFWS) and Florida Fish and Wildlife
Conservation Commission regarding potential impacts to protected
wildlife species. Where protected species are observed on-site, a Habitat
Management Plan for those protected species shall be submitted to
Current Planning Environmental Staff for review and approval prior to
Final Site Plan/Construction Plan approval.
All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall 'be recorded on
the plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes. Buffers shall be provided in accordance with Section
3.2.8.3.4 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements and
dedicated to an approved entity or to Collier County with no responsibility
for maintenance and subject to the uses and limitations similar to or as
per Section 704.06 of the Florida Statutes.
Buffers shall be provided around wetlands, extending at least fifteen (15)
feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be
provided in accordance with the State of Florida Environmental
Resources Permit Rules and be subject to review and approval by the
Current Planning Environmental Staff.
Eo
An exotic vegetation removal, monitoring, and maintenance (exotic-free)
plan for the site, with emphasis on the conservation/preservation areas,
16
shall be submitted to Current Planning Environmental Staff for review and
approval prior to Final Site Development Plan/Construction Plan approval.
Fo
The project shall meet the Natural Habitat Preserve Area requirements,
as described in Section 3.9.5.5.3 of the Land Development Code. This
project shall retain a minimum of .41 acre of existing native vegetation or
shall mitigate it on-site with the larger plant materials as required by
Section 3.9.5.5.4 of the Land Development Code. The .41 acre shall be
identified at the time of the next development order submittal.
17
EXHIBIT "B-I"
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EXHIBIT "B-2"
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MALIBU
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EXHIBIT "C'
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Fort M)'crd Sec'icc (Jc,~fcr, 21111 Md~;rcgm lh)l,lL'vjrd, Fort Myers, FI. ~3901
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II.e§ulal ioa I)cparl meal
February 24. 1999
EXHIBIT
1999
Mr Craig Smilh
Kevin Erwin Consulting Ecologists, lac
2077 [iaysidc Parkway
Ft Myers, Florida 33901
Subiccl.
hnmokalee Road Parcel 2; Informal Jurisdictional Wetland lnspcction,
Collicr Cou,~ty, S-30 / T-48-5 / R-26-E
Dear Mr, Smith:
The District otTcrs thc R)llowing in rcsponsc to your request for a determination of'linc
jurisdictional wetland boundaries and other surface walcrs Iocatcd within the subject property
Craig Schmitder, Environmental Analyst, of the Nalural Resource Management Division,
conducted a silo inspcclion on Februar7 16, 1999.
The project boundaries shown on the atlachcd aerial identiB/the approximate limits of'the
properly inspected Based on tile information provided and the results of the site inspection, there
arc no jurisdictional wellands or other surface waters, as de[ned in Chapter 62-340 F.A C within
tile property boundaries.
This correspondcncc is a~l informal prc-applicalion jurisdictional determination pursuant to
Section 373421(6) and F.A C. 62-312.040(7). it does not bind lhe District, its agcnls or
employees, nor does it convey any Icl~al riBhts, expressed or implied Persons obtaini,~$ this
informal pre-applieatiun jurisdictional d¢lcrmination are not emilled lu rely upon il for purposes
of'complinncc wilh provision o£1sw or Dislrict rules. A binding jurisdictional delcrmination may
be obtained by sul)mitting an applicalion I0 Ibc .Nouth lqorida Water Management Dislricl FI.
Myers olTice I'or a fbrmal dctcrminalion pursuant to Chapter 40E-a.O42 FAC;. or by applying
a pcrmiL
lI.HII. I.III7, I,~:,, '~ql#l. H w.% I'~ I ~f4~ ll.~ )iii:.
Mr. Smifl~
lmmokalcc Rond Parccl 2
Pagc 2
A Iilc hiL~ been scl ~sp m thc FI. htycrs Scrvlcc Ccmcr ol~ce witl~ pre-applicalion m~tcri~ls
have any further qucsli[ms please cmllacl Craig Schmittlcr al (941) ]3R.29~9 ext
Sincerely, .~ '~
Supervising Professional
Ft Myers Service Center
KMJ/cds - At~achmcnt (Memo, Location Map, and Aerials)
If you
C:'
USACOE - F[ lVlyers wi memo, location map, and aerial
DEP- ./ohn [glch~rt w/memo, location map
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 copy of:
ORDINANCE NO. 99-89 ~-.-.,~ ~o
Which was adopted by the Board of County Commission's'rs q~n ~.
the 14th day of Dece~er, 1999, durin~ Regular Session. r~','~'~--,
WITNESS my hand and the official seal o~ the Boar~ A
County Commissioners of Collier County, Florida, this 15th day of
December, 1999.
DWIGHT E. BROCK
Clerk of Courts
Ex-officio to Board
Co~~o~e~
By: Ellie Hof fman,
Deputy Clerk