Loading...
Ordinance 2010-48 i1'l.S2930~ ~(:)"J, ~ . "''A ORDINANCE NO. 10- 48 I:~~.~,~ A~ ~~I~ ,~-~ .{," 'l..J RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ~.~. '-7'. ~\~~'. ',. C IER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41-;:'':::, ("") ~~':*.",'.;t~.,. ~MENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE~X:, ~ ~"~"""~~4,;i. ~ ICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS~<', '~ <9'<l9L9l'\7~~\.1; OR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, S:=:\ :: BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY r;U) f'.:? CHANGING THE ZONING CLASSIFICATION OF THE HEREIN ~~ 0 ~ -1 DESCRIBED REAL PROPERTY FROM A MIXED USE PLANNED UNIT ~f''\ DEVELOPMENT ZONING DISTRICT (MPUD) TO AN MPUD ZONING DISTRICT, FOR A PROJECT KNOWN AS SONOMA OAKS TO ALLOW CONSTRUCTION OF A MAXIMUM OF 120,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT AND/OR SENIOR HOUSING UNITS INCLUDING INDEPENDENT LIVING, ASSISTED LIVING AND SKILLED NURSING UNITS AT AFAR OF .60 ON THE COMMERCIAL PORTION AND A MAXIMUM OF 114 RESIDENTIAL DWELLING UNITS AND/OR A MAXIMUM OF 456 SENIOR HOUSING UNITS INCLUDING INDEPENDENT LIVING, ASSISTED LIVING AND SKILLED NURSING FACILITY UNITS ON THE RESIDENTIAL PORTION, FOR PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (CR 951) BETWEEN WOLFE ROAD AND LOOP ROAD, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.5:!: ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 05-61, THE FORMER SONOMA OAKS MPUD; AND BY PROVIDING AN EFFECTIVE DATE. -n -- .- \ rn CJ WHEREAS, Margaret Perry of WilsonMilIer Inc. and Richard Y ovanovich, Esquire of Coleman, Y ovanovich & Koester, P .A, representing Voila II LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from a Mixed Use Planned Unit Development (MPUD) to an MPUD Zoning District, for a project known as the Sonoma Oaks Mixed Use Planned Development to allow construction of a maximum of 120,000 square feet of commercial development and/or senior housing units including independent living, assisted living and skilled nursing units at a FAR of .60 on the commercial portion and a maximum of 114 residential dwelling units and/or a Sonoma Oaks MPUD, PUDA-2007-AR-11961 REV. 10/22/10 Page 1 of 2 maximum of 456 senior housing units including independent living, assisted living and skilled nursing facility units on the residential portion in accordance with the MPUD Documents, attached hereto as Exhibits A through F, all of which are incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 05-61, known as the Sonoma Oaks MPUD, adopted on November 15, 2005, 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 super majority vote of the Board of County Commissioners of Collier County, Florida, this ~y of ~c.e 01 b if ,2010, A TIEST: DWIGHT E, BROC~ tLERK ~,' ,." "~".. ' .)i"'.. "', ," '. BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '~'ct fA). C~ FRED W. COYLE, Chairman _. '.<.: . .:~, iJ,u . <, .lel1<. . It: ',' : '"'>, . ....tart r> ,ii:J, ~..J.' ......,,-.).:1 Approved as to f9mE:',,~:' .' and legal sufficiency: t LeU ()(u Heidi Ashton-Cicko Section Chief, Land Userrransportation Exhibit A-I: Exhibit A-2 Exhibit B-1: Exhibit B-2: Exhibit C: Exhibit D: Exhibit E: Exhibit F: List of Allowable Uses (Residential) List of Allowable Uses (Commercial) Residential Development Standards Commercial Development Standards Master Plan Legal Description List of Requested Deviations Development Commitments Project History: Ordinance Number 05-61 CP\08-CPS-00863\53 C'....._ ....._.... r\....I~_ A6n, In n, In A ~I'\""" Jl n "" "" n~"" n___" _11'\ EXHIBIT A-1 RESIDENTIAL uR" SUBDISTRICT LIST OF ALLOWABLE USES Permitted Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single-family and/or multi-family dwellings (maximum of 114), 2. Independent living facility (ILF) units for individuals over the age of 55, assisted living facility (ALF) units, and skilled nursing facility units or a continuing care retirement community ("CCRC") consisting of ILF, ALF and skilled nursing units may be constructed. The maximum size of the ILF, ALF, CCRC skilled nursing and similar facilities shall not exceed a floor area ratio (FAR) of 0.6. For conversion purposes, four (4) ILF. ALF. or skilled nursing units shall be equal to one (1) residential dwelling unit, for a maximum of 456 ILF, ALF, skilled nursing or CCRC. 3. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the Land Development Code (LOC). B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Clubhouses' 2. Private garages 3. Swimming pools with, or without screened enclosures 4. Tennis courts 5. Tot lots 6. Playgrounds 7. Outdoor recreation facilities 8. Model homes, and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs subject to the requirements of the LDC. 9. Essential services, including water and sewer lines, natural gas lines, electrical transmission and distribution lines, sewage lift stations and water pumping stations, essential service wells and wells permitted by the South Florida Water Management District (SFWMD) or the Florida Department of Environmental Services (FDEP) 10. Water management facilities and related structures' 11. Irrigation treatment and distribution facilities 12. Temporary sewage treatment facilities 13. Lakes, including lakes with bulkheads or other architectural or structural bank treatments 14. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary Revised October 21,2010 Sonoma Oaks MPUD Page 1 of 15 EXHIBIT A-1 RESIDENTIAL uRn SUBDISTRICT LIST OF ALLOWABLE USES access ways, parking areas, and related uses. Temporary sales centers may be serviced by temporary well and septic systems. 15. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls 16. Uses accessory to ILF, ALF, and/or skilled nursing facilities, such as, but not limited to, on-site dining facilities, group transportation services and wellness centers. Development Standards: Exhibit B-1 sets forth the development standards for land uses within the MPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the Growth Management Plan (GMP) and the LOC in effect as of the date of the site development plan or subdivision plat approval. A base density of four dwelling units per acre yields a gross density of 114 dwelling units for the Sonoma Oaks MPUO. Operational Characteristics: The developer of ILF, ALF, CCRC and/or skilled nursing facilities, its successors or assigns, shall provide the following services and/or be SUbject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of a medical or other emergency. 7. Each unit shall be designed to allow a resident to age-in-place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. Revised October 21, 2010 Sonoma Oaks MPUD Page 2 of 15 EXHIBIT A-2 COMMERCIAL "C" SUBDISTRICT LIST OF ALLOWABLE USES Permitted Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Paint, glass, and wallpaper stores (Group 5231) 2. Variety stores (Group 5331) 3. Miscellaneous and general merchandise stores (Group 5399) 4. Candy, nut and confectionary stores (Group 5441) 5. Dairy product stores (Group 5451) 6. Miscellaneous food stores (Group 5499) 7. Any retail business engaged in selling apparel and accessories as defined under the Major Group 56 in the Standard Industrial Classification Manual. 8. Any retail business engaged in selling home furniture, furnishings, and equipment stores as defined under Industry Group 571, 572, and 573 in the Standard Industrial Classification Manual. 9, Eating places (Group 5812), except that a maximum of one free standing fast food restaurant, as defined in the LOC, shall be permitted, not to exceed 5,000 square feet of gross leasable floor area. 10. Drug stores and proprietary stores (Group 5912) 11. Sporting goods and bicycle shops (Group 5941) 12. Book stores (Group 5942) 13. Stationary stores (Group 5943) 14. Jewelry stores (Group 5944) 15. Camera and photographic supply stores (Group 5946) 16. Gift, novelty and souvenir shops (Group 5947) 17. Luggage and leatherworks stores (Group 5948) 18. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major groups 60. 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 19. Establishments operating primarily to provide personal services as defined in the Standard Industrial Oassification Manual for the following Industry Groups: a. Photographic portrait studios (Group 722) b. Beauty shops (Group 723) c. Barber shops (Group 724) d. Shoe repair shops and shoeshine parlors (Group 725) e. Miscellaneous personal services, only including Group 7291 tax retum preparation services, and Group 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal). genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 20. Establishments primarily engaged in rendering services to businesses on a contract or fee basis for the following Industry Numbers: a. Advertising agencies (Group 7311) b. Advertising, not elsewhere classified (Group 7319) Revised October 21.2010 Page 3 of 15 ~_____ """'_1._ ...nlln EXHIBIT A-2 COMMERCIAL "C" SUBDISTRICT LIST OF ALLOWABLE USES c. Adjustment and collection services (Group 7322) d. Credit reporting services (Group 7323) e. Mailing, reproduction, commercial art (Group 7331-7338) 21. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Industry Number 7384, photofinishing laboratories. 22. Establishments engaged in miscellaneous repair services, only including Industry Numbers 7631 - watch, clock, and jewelry repair and Group 7699 - repair shops and related services, not elsewhere classified. 23. Video tape rental (Group 7841), excluding adult oriented rentals and sales. 24. Physical fitness facilities (Group 7991) 25. Establishments operating primarily to provide medical and health services as defined under Major Group 80 in the Standard Industrial Classification Manual, for the following Industry Numbers: a. Offices and clinics of doctors of medicine (Group 8011); b. Offices and clinics of dentists (Group 8021 ); c. Offices and clinics of doctors of osteopathy (Group 8031); d. Offices and dinics of other health practitioners (Group 8041-8049); e. Medical and dental laboratories (Group 8071-8082); f. Miscellaneous health and allied services not elsewhere classified (Group 8092-8099). 26. Establishments operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 27. Membership organizations engaged in promoting the interests of its members as defined under Major Group 86 in the Standard Industrial Classification Manual. 28. Establishments operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. Engineering services (Group 8711) b. Architectural services (Group 8712) c. Surveying services (Group 8713) d. Accounting, auditing and bookkeeping services (Group 8721) e. Management services (Group 8741) f. Management consulting services (Group 8742) g. Public relations services (Group 8743) h. Business consulting services (Group 8748) 29. Independent living facility (ILF) units for individuals over the age of 55, assisted living facility (ALF) units, and skilled nursing facility units (Groups 8051 and 8052) or a CCRC consisting of ILF, ALF and skilled nursing units. The maximum size of the ILF, ALF, CCRC, skilled nursing and similar facilities shall not exceed a floor area ratio (FAR) of 0.6. 30, Any other principal use which is comparable in nature to the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: Revised October 21,2010 Sonoma Oaks MPUD Page 4 of 15 EXHIBIT A.2 COMMERCIAL "C" SUBDISTRICT LIST OF ALLOWABLE USES 1, Uses and structures that are accessory and incidental to the Commercial Permitted Principal Uses within the Sonoma Oaks MPUD. 2. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use. 3. Essential services, including water and sewer lines, natural gas lines, electrical transmission and distribution lines, sewage lift stations and water pumping stations, essential service wells and wells permitted by the South Florida Water Management District (SFWMD) or the Florida Department of Environmental Services (FDEP), and govemment facilities (including law enforcement, fire, emergency medical services and facilities, public park and public library services and facilities) 4. Water management facilities and related structures 5. Irrigation treatment and distribution facilities 6. Temporary sewage treatment facilities 7. Lakes including lakes with bulkheads or other architectural or structural bank treatments 8. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses. Temporary uses for sales centers may be serviced by temporary well and septic systems. 9. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls 10. Uses accessory to ILF, ALF, CCRC and/or skilled nursing facilities, such as, but not limited to, on-site dining facilities, group transportation services and wellness centers. Development Standards: A Exhibit B-2 sets forth the development standards for land uses within the MPUD Commercial (C) Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the GMP and LDC in effect as of the date of approval of the SDP or subdivision plat B. Maximum CommerciaVOffice Square Footage: The 8.93+/- acre Commercial Tract (UC") shall not be developed with more than 120,000 square feet of commerciaVoffice uses in accordance with the permitted principal and accessory uses set forth above. ILF, ALF, CCRC, skilled nursing and similar facilities shall not count toward the 120,000 square feet of commerciaVoffice square footage, and shall not exceed a FAR of 0.6. ODeratlonal Characteristics: The developer of ILF, ALF, CCRC and/or skilled nursing facilities, its successors or assigns, shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. Revised October 21,2010 Sonoma Oaks MPUD Page 5 of 15 EXHIBIT A-2 COMMERCIAL "C" SUBDISTRICT LIST OF ALLOWABLE USES 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of a medical or other emergency. 7. Each unit shall be designed to allow a resident to age-in-place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. Revised October 21, 2010 Sonoma Oaks MPUD Page 6 of 15 EXHIBIT A-3 NATIVE PRESERVE "P" SUBDISTRICT ALLOWABLE USES AND DEVELOPMENT STANDARDS Permitted Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Open spaces/Nature preserves B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Water management structures 2. Mitigation areas 3. Footpaths and boardwalks, provided any clearing required to facilitate these uses does not impact the minimum required vegetation. Development Standards: 5.73 acres of native vegetation shall be preserved on-site, in accordance with the MPUD Master Plan provided as Exhibit C of this Ordinance. Revised October 21,2010 Sonoma Oaks MPUD Page 7 of 15 EXHIBIT B-1 RESIDENTIAL UR" SUBDISTRICT DEVELOPMENT STANDARDS DEVELOPMENT SINGLE MULTI-FAMILY CLUBHOUSE! ILF/ALF/CCRCI STANDARDS FAMILY RECREATION SKILLED (ATTACHED BUILDINGS NURSING AND UNITS4 DETACHED) PRINCIPAL STRUCTURES MINIMUM LOT 2,250 S,F, 10,000 S.F. 10,000 S.F. NJA AREA PER UNIT MINIMUM LOT 35 FEET 100 FEET N/A N/A WIDTH MINIMUM 1,000 S,F. 1.000 S,F.lD.U. N/A N/A FLOOR AREA MIN FRONT 15 FEET 15 FEET 15 FEET 15 FEET Y ARD3 MIN SIDE YARD 5 FEET" 15 FEET 15 FEET 15 FEET MIN REAR 15 FEET 20 FEET 20 FEET 20 FEET YARD MIN PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET SETBACK MIN DISTANCE 10 FEET Yz THE ZONED Yz THE ZONED % THE ZONED BETWEEN BUILDING BUIILDING BUILDING STRUCTURES HEIGHT OF HEIGHT, NOT HEIGHT OF THE THE TALLEST LESS THAN 30 TALLEST BUILDING FEET BUILDING MAX BUILDING NTE 35 45 FEET ZH or NTE 45 FEET NTE 61 FEET HEIGHT FEET ZH or 55 FEET AH2 ZH or 55 FEET ZH or 69 FEET 45 FEET AH AH AH2 MAXIMUM N/A N/A N/A 0.6 FLOOR AREA RATIO ACCESSORY STRUCTURES' FRONT" 10 FEET 10 FEET 20 FEET 10 FEET SIDE 5 FEET" 5 FEET YzBH 5 FEET REAR 5 FEET 5 FEET 10 FEET 5 FEET PRESERVE 10 FEET 10 FEET 10 FEET 10 FEET SETBACK DISTANCE 6/0 FEET 6 FEET 10 FEET 6 FEET BETWEEN PRINCIPAL STRUCTURE MAX BUILDING NTE 35 45 FEET ZH or NTE 45 FEET NTE 61 FEET ZH HEIGHT FEET ZH or 55 FEET AH2 ZH or 55 FEET or 69 FEET AH, 45 FEET AH, AH, whichever whichever is less2 whichever is is less less Revised October 21,2010 Sonoma Oaks MPUD Page 8 of 15 EXHIBIT B-1 RESIDENTIAL "R" SUBDISTRICT DEVELOPMENT STANDARDS NTE = Not To Exceed BH = Building Height ZH = Zoned Height AH = Actual Height Notes: 1. Setback from lake easements for all accessory uses and structures shall be zero feet (0') or greater. 2. No buildings greater than fifty-one feet (51') in height (zoned) shall be permitted within two hundred feet (200') of the western property line. All buildings within one hundred feet (100') of the western property line shall not be oriented parallel to the western property line. 3. Front yards shall be measured as follows: If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). 4. If ILF, ALF, CCRC, skilled nursing or similar facilities are located in the Residential District in an area adjacent to the Preserve, the Preserve acreage shall be allocated to the FAR even if it is platted in a separate tract. 5. Minimum side yard setback for principal and accessory structures may be reduced as long as the minimum distance between principal structures is a minimum often feet (10'). GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Revised October 21,2010 Sonoma Oaks MPUD Page 9 of 15 EXHIBIT B-2 COMMERCIAL "C" SUBDISTRICT DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES ILF/ALF/CCRC/SKILLED NURSING MINIMUM LOT AREA 10,000 Sa, Ft. N/A N/A MINIMUM LOT WIDTH 1 00 Ft. N/A N/A MINIMUM YARDS (External) From Wolfe Road 25 Ft. SPS 25 Ft. From Collier Blvd, 25 Ft. SPS 50 Ft. From Looo Road 25 Ft. SPS 25 Ft. MINIMUM YARDS (Internal) Internal Drives/ROW 15 Ft. 10Ft. 15 Ft. Rear 10Ft. 10Ft. 10Ft. Side 10Ft. 10Ft. 10Ft. Lakes 25 Ft. 10Ft. 25 Ft. PRESERVE SETBACK 25 Ft. 10Ft. 25 Ft. MIN. DISTANCE BETWEEN 10 ft. or % the sum 10Ft. 10ft, or % the sum of the STRUCTURES of the zoned zoned building heights* buildina heiahts* MAX BUILDING HEIGHT 42 ft, ZH NOT TO EXCEED Retail Buildings*** 42 ft. ZH 42 ft, ZH N/A Office Buildinas*** 42 ft, ZH 42 ft, ZH N/A Combination Retail and 42 ft. ZH 42 ft, ZH N/A Office*** ILF/ALF/CCRC/Skilled N/A N/A 42 ft, ZH Nursing*** MINIMUM FLOOR AREA 1000 Sa, Ft. ** N/A N/A MAX. GROSS LEASABLE 120,000 Sq. Ft. N/A N/A AREA MAXIMUM FLOOR AREA N/A N/A 0,6 RATIO * whichever is greater ** Per principal structure, on the finished first floor, Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall adhere to the development standards listed in accessory uses above. *** Actual height, as defined in the LDe shall not exceed 50 feet. SPS = same as principal structure BH = Building Height ZH = Zoned Height AH = Actual Height Revised November 5,2010 Sonoma Oaks MPUD Page100f15 !i n i~ Sl~ ..i? ~ i ~~ : r ~I: ~~ ~S :1" LO ~ ~~ ~~ a~ ~~~ :; Ci? 1<0 ~L ~~~ N 18~ N~ ~.. :S S~ i~ ~~ \ -4 u Ii i !i ~ ~I ~ u~ ~l! ~~ i I I I I I I , I i I : I II II 'I I' ! ~!i cj~ "~ J-i W W I.L. W ex: <( :JI O~ C/) en J- Z :J Vl ~ ~ Z::i t;; ~::J 0 ~ ::: ::;&lE3~ ~ :?;",-z ~ <: -' - ;:l z ;:l uj<:Uu S? ~y;z_ 5:if~ g ::~~;:: ~ C/} w ex: () <( N '" u'i '" '" '" '" '" I co '" r-. co '" N '" 00 u'i N '" N I~ ~ '" '" ::; > >- '" c::: '" ~ -' '" < '" ::; i:G ?: Wr- ~ <: ~ 0: "- U 0.. 0 is g '" 'f) '" :; ;:l '" I~ C: t: 0;- '? :; ~ ~ 6 ~ 0 u z I u 0... ijnl I 0 I ~~ ~ ~ ex: ... <( z ::E ~ ::E == :J !iJ C/) "" w C/} :J 0 cr:: Z C <( -' 0.. i ~",,;~n vi~ilIv !l!~~n~ ~~bh h~;i~!;; ilIi~~h !n~;~ ~~~~~~ ~~h~i' ~5~~~ ~-~~~ ~ " ~ 8 ~ ~ ~ ~ "' z ~ '" ~ :< ~ ~ z ~ i ~ I ; ~ ~ i ~~ ~ r..t:Vl ;r, I ~~ z 92 ~ c/)' '" c ~ ~! ~~ ~ 0; 5~ ~ ;1 ~~ ~ :) ~~ ; ~) ~~ E Wi -l.I.l I-i ...... t- C ~i ~~ ~ gl ~~ J: Il. - ::;; I~ ,''' I ~ I ~ I ~ '~ u .. :5 r I I I '" C!: ~ 3 o~ ~~ ~~ u~ ~" >- .. 8 z~ iL" ~> co ~~ ~L ~L ~.. ..>- =:s ~~ ~~ ~~ ~c: :<z c;Q zr j~ ~~ ~o 0U ~S ~< <> ~~ "L ;;:L z< 0Z ~~ ~g Q~ ~g 6~ ~~ ~~ ~~ '::l.I.l u..::r: ~~ j w ~ r ~ j ~ ~Q(I- ~ ~ -uJ< \I'I1..L:l.l.l ~S~~ ~~~ ~~~~~~~~ ci;2g~~~~~ 6;~~~~~~ :<~~ii5~~ ~~~~g~~~ ;:~~~~~~EI- i~;j~1.~~~Q E~~~~<~~~ ~~"~t:I'i""::! zu:::l....l~"'~~lIJ a~:::;<I.I.l~~2~ ~~~~~~-~8 ~~~~~ti~f0 ;iiiJ.~V'ot:z~:i ~8~~855~~ ;'(;::lJ,;~<0i:~:: o~~~~~f5~~ 0( zt...'<ci:i:;l.l..t....<lj ~~~~~~~~~ ~~~~@~~~~ ~:i~~~~~~~ ~~~i~~~~c ~~~~~~z~~ ~~~tr.~o~'.JS ;;:~~~~Z=:iClr; ~~~~::l~~~-~ 6~:::~~~c:~:3 ~wcG<<~wo( ~~5~ft~~~~ .....d:~J.~::E"O<( i ill o:J" z~ 9;;; ~~ \ --'- C it il ~ ~ _S! ~S~ ~ ~ ~;:;~ ii 3~i ~:~ LOL I "' ~!i ! ~~ ~ ~ ! I l: :;: VI .= i ~ ~ ...- o ...- ~ -,~ u ~~ sil ~ ~ a~~ ::>a::<D ~~- ~~ .!!il } 2. 8 - ::. j i 8 ill I ~~~~i II Oil I- fl III I I - ~ ~ IS f g <( ~!Q 0<( ~ ~O V\ I I- I--' !I <( w C/) C/} w ~ () () <( () ~ III :J a. ~ ~ I-- I-- :5 a. z :J W o ~ o '" -' <( () a: ~I . ,I _t .I~ :;:;a ~~s I',' 'Ji~ r J. ~ " !i ~ ~~ ~~ ~~ i! i ! J ~ v . . '---..__.__....._._-_._----_...~-_..~--..._--~_..._--.._- ....~........_.W;>-_._._ ____...... 0.. g ;s <D ~.. ~ 01;; - ~~ ~h V1 C 5E 3 8 8f"~~i'; ~~$;~d :\!~~~'ijill ~~h~!;; ~ ~!~iC ~~~~f2! h~~~ jj!o~~~ ~~~~~I. ~6~~~ ~-::r~ I;; u"'nu ~~(~Ii! ~"'~ lI:~ ilIhli~ Uldl ~i!l~~~1 ~i~~~ I;; '" t:: .. ~ z < ~ ~ .. ;: " .. 2 ~ < 1l ~ ~ l- e " g ~ 3 G .. i2 S :} "i is '" t; ~ ~ " ;; B ~ ~ J: !I ---"< I I , ~I ~; I ' -1 iD ~-i VI EXHIBIT D LEGAL DESCRIPTION THE SUBJECT PROPERTY BEING 37.5+/- ACRES, IS COMPRISED OF 3 ADJOINING PARCELS THAT ARE LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND IS FULLY DESCRIBED AS: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT-OF-WAY (PARCEL 1). THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT-OF-WAY (PARCEL 2). THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO EXISTING RESTRICTIONS AND RESERVATIONS OF RECORD; AND EXCEPTING THE EAST 100 FEET THEREOF PREVIOUSLY CONVEYED FOR HIGHWAY RIGHT-OF-WAY (PARCEL 3). Please note: legal description has not changed; it is being provided with this submittal as a courtesy. Revised October 21. 2010 Sonoma Oaks MPUD Page 12 of 15 EXHIBIT E LIST OF REQUESTED DEVIATIONS Deviation 1 from LDC Subsection 6.06,01(0) (Section III of the proposed Construction Standards Manual intended to be adopted as part of the County's Administrative Code) that requires right-of-way for local roads to be at least sixty feet (60') wide to allow a roadway width of fifty feet (50'). Please note the reduced roadway width will not diminish the level of service standard and all supporting water, sewer and utilities will be accommodated. The minimum right-of-way or roadway width to be utilized for all project streets in the Sonoma Oaks MPUD shall be fifty feet (50'). Justification: In order to accommodate the County's demand for Collier Boulevard and Wolfe Road right-of-way acreage that resulted in a total loss of 3,5 acres, and to meet the required native vegetation area of 5.73 acres, a roadway width of 50 feet is required. Revised October 21, 2010 Sonoma Oaks MPUD Page 13 of 15 EXHIBIT F DEVELOPMENT COMMITMENTS Transportation The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A The developer has conveyed right-of-way for Collier Boulevard and Wolfe Road: (1) Collier Boulevard - a strip of land 65 feet in width and running the entire length of the property frontage on Collier Boulevard; and (2) Wolfe Road - a strip of land 80 feet in width and 540 feet in length along Wolfe Road frontage of the project. No further conveyances are required. B. The roadway within the Sonoma Oaks project connecting Wolfe Road and Mission Hills Boulevard shall be an unplatted public access easement which shall be created prior to the issuance of the first building permit and shall be constructed prior to the issuance of the first certificate of occupancy. All storm water run-off associated with the access easement shall be accommodated on-site via the Sonoma Oaks storm water management system. All storm water management infrastructure shall be designed in accordance with South Florida Water Management District and Collier County standards and the proper easements shall be recorded. The Sonoma Oaks property owners' association shall be granted ownership. access rights and maintenance responsibility for the public access easement and all infrastructure serving the public access easement. C. The development within this project shall be limited to 583 adjusted two-way, PM peak hour trips (correspondent to the highest trip generation scenario of those proposed in the updated traffic study information dated April 12. 2010); allowing for flexibility in the proposed uses without creating unforeseen impacts on the adjacent roadway network. For purposes of calculation of the weekday PM peak hour trip generation for this PUD, the lesser of the weekday PM peak hour trifs as calculated in the Institute of Traffic Engineer's (ITE) Report, titled Trip Generation. 8 Edition or the trip generation as calculated in then current ITE Trip Generation Report shall be utilized. Utilities The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. The Owner will convey to Collier County an easement for a parcel of land for a well and pump-house, at no cost to the County. The size of the well and pump-house parcel shaD be the minimum necessary to accommodate these improvements and shall not exceed 10,000 square feet. The Owner shall also convey to Collier County a 20 foot non-exclusive easement for access to the well site parcel and for underground pipelines, at no cost to the County. The general location of the well site parcel and the 20 foot access and utility easement and the configurations are indicated on the PUD master plan, The precise locations of the easements shall be determined at the time of first site development plan or subdivision plat approval. Collier County may also use the pUblic access easement described in Transportation Commitment Condition B of this Exhibit F to install its Revised October 21,2010 Sonoma Oaks MPUD Page 14 of 15 EXHIBIT F DEVELOPMENT COMMITMENTS underground pipelines and other utilities by coordinating the location with Owner. Collier County agrees to design and construct the pump-house, fencing, landscaping, signage, and lighting, and any other site improvements in the well site parcel so as to conform to, and be harmonious with, the architecture of the commercial or residential site location, depending upon the final site location. In exchange for the easements, at a minimum, Collier County agrees to provide a type C buffer around the perimeter of the welUpump house area, and the developer of Sonoma Oaks shall review and approve the design of the welUpump house and the landscaping prior to construction or installation. At or before site development plan approval if Owner has not platted the easements, Collier County shall prepare at its expense any necessary easement documents and legal descriptions for the well site and access easements which documents are subject to the Owner's review and approval. Environmental The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. 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, those found in Section 704.06, of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowner's association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. B. Development must comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species.. Where gopher tortoises or other protected species have been observed on site, a Habitat Management Plan shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. C. 5.73 acres of native vegetation shall be preserved on-site, in accordance with the MPUD Master Plan provided as Exhibit C of this Ordinance. Revised October 21, 2010 Sonoma Oaks MPUD Page 15 of 15 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010-48 Which was adopted by the Board of County Commissioners on the 14th day of December, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of December, 2010. , ~':71?:J . '''., DWIGHT E.t" BROCK' ,"'..', .... .' ,l'~.. , Clerk of' Couri;s. ,'aria': Cl'~r~,- Ex-officio tQ, ~~a:r;d 9( ~~. County Commissioners':':' . oJ . '. { , .: '" J .; ~ d(ji,iC?t:"'"' By: Ann Jennejohn, Deputy Clerk