Ordinance 2011-30ORDINANCE NO. 11- 30
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO, ,
2004-41, AS AMENDED, THE COLLIER COUNTY LAND-
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING
DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL
TREATMENT OVERLAY TO A COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD) ZONING DISTRICT WITH A WELLFIELD
RISK MANAGEMENT SPECIAL TREATMENT OVERLAY FOR THE
PROJECT TO BE KNOWN AS THE ESTATES SHOPPING CENTER
CPUD TO ALLOW UP TO 150,000 SQUARE FEET OF COMMERCIAL
DEVELOPMENT ON PROPERTY LOCATED IN THE NORTHWEST
CORNER OF THE GOLDEN GATE BOULEVARD AND WILSON
BOULEVARD INTERSECTION IN SECTION 4, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA
CONSISTING OF 41+/- ACRES; AND PROVIDING AN EFFECTIVE
DATE. (PETITION PUDZ-PL2009-1017)
~~~
,?
..""
)
....,,-'"'\
WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A.
and D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., representing Kenneth R.
Johnson, Trustee, petitioned the Board of County Commissioners to change the zoning
classification of the herein described property; and
WHEREAS, the subject property is located in a Wellfield Risk Management Special
Treatment Overlay, zones W-I, W-2 and W-3, which are not changed by this PUD Ordinance.
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 4,
Township 49 South, Range 27 East, Collier County, Florida is changed from an Estates (E)
zoning district with a Well field Risk Management Special Treatment Overlay to a Commercial
Planned Unit Development (CPUD) with a Wellfield Risk Management Special Treatment
Estates Shopping Center \ PUDZ-PL2009-1 0 17
Rev. 9/15/11 - FINAL 1 of 2
Overlay for a 41 +/ - parcel to be known as the Estates Shopping Center CPUD in accordance with
Exhibits A through F attached hereto and incorporated by reference herein. The appropriate
zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier
County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State and after
the comprehensive plan amendment in Ordinance No. 2011-29, which created the Estates
Shopping Center Subdistrict, becomes effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this \ 4- day of ~ 2011.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: F~O~~,?:t-
Approved as to form
~d I gal sufficiency:
eidi s ton-Cicko
Assistant County Attorney
Section Chief, Land Use/Transportation
Attachments: Exhibit A - Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - Developer Commitments
Exhibit E.C.1 a-I st Street NW Landscape Buffer
Exhibit E.C.l b - 3rd Street NW Landscape Buffer
Exhibit E. C.l c - Wilson Boulevard Landscape Buffer
Exhibit E.C.I d - Golden Gate Boulevard Landscape Buffer
Exhibit E.C.I e - Tract 106 Enhanced Landscape Buffer
Exhibit E.C.l f - Supplemental Planting
Exhibit F - List of Requested Deviations
This ordinance filed with the
f ". . I 01~f'l-o th,~
<:<>cre~l"lry 0 .....ore $ . '-~"..
"''' ct' ~~wY?-oh
~ dClY of ! --;-:-~
cH~d cri<"'v"\";1t./!cdae:nent or tnct
, , - -, ", :',. ~W\ -! .
f.' :-0 ~"'-ol'"od, r'~ '5 (..iOy
Htli.; 1....<...."-" v\...< l..
of (iil~e..v- 2.0 II .
B' PV'-~--UJ-;)\. +,
. y. 0<1-" "'J de k
""po.l<" ,. I
U
CP\I O-CPS-O 1 006\58
Estates Shopping Center \ PUDZ-PL2009-1 0 17
Rev.9/15/II-FINAL 2of2
EXHIBIT A
FOR
ESTATES SHOPPING CENTER CPUD
A. COMMERCIAL
I. 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:
I. Amusement and recreation
Groups 7911 - Dance studios, schools and halls, excluding discotheques
7991 - Physical fitness facilities
7999 - Amusement and recreation services, not elsewhere classified, allowing
only day camps, gymnastics instruction, judolkarate instruction,
sporting goods rental and yoga instruction (excludes NEC
Recreational Shooting Ranges, Waterslides, etc.)
2. Apparel and accessory stores (no adult oriented sales)
Groups 5611 - Men's and boys' clothing and accessory stores
5621 - Women's clothing stores
5632 - Women's accessory and specialty stores
5641 - Children's and infants' wear stores
5651 - Family clothing stores
5661 - Shoe stores
5699 - Miscellaneous apparel and accessory stores
3. Automotive dealers and gasoline service stations
Groups 5531 - Auto and home supply stores
4. Automotive repair, services and parking (no outdoor repair/service. All repairs/services to
be performed by authorized automotive technician.)
Groups 7514 - Passenger car rental
5. Building materials, hardware, garden supply, and mobile home dealers
Groups 5231 - Paint, glass, and wallpaper stores
5251 - Hardware stores
5261 - Retail nurseries, lawn and garden supply stores
6. Business services
Groups 7334 - Photocopying and duplicating services
7335 - Commercial photography
7336 - Commercial art and graphic design
7338 - Secretarial and court reporting services
7342 - Disinfecting and pest control services
7359 - Equipment rental and leasing, not elsewhere classified (excluding the
following uses):
Airplane rental and leasing
Coin operated machine rental and leasing
Industrial truck rental and leasing
Page I of 20
September 14,2011
Oil field equipment rental and leasing
Oil well drilling equipment rental and leasing
Toilets, portable rental and leasing
Vending machines, rental only
7371 - Computer programming services
7372 - Prepackaged software
7373 - Computer integrated systems design
7374 - Computer processing and data preparation and processing services
7375 - Information retrieval services
7376 - Computer facilities management services
7379 - Computer related services, not elsewhere classified
7382 - Security systems services
7383 - News syndicates
7384 - Photofinishing laboratories
7389 - Business services, not elsewhere classified
7. Communications
Groups 4812 - Radiotelephone communications
4841 - Cable and other pay television services
8. Construction special trade contractors (office use only, no on-site materials or equipment
storage)
Groups 1711 - Plumbing, heating and air-conditioning
1721 - Painting and paper hanging industry
1731 - Electrical work industry
1741 - Masonry, stone setting, and other stone work
1742 - Plastering, drywall, acoustical, and insulation work
1743 - Terrazzo, tile, marble, and mosaic work industry
1751 - Carpentry work
1752 - Floor laying and other floor work, not elsewhere classified industry
1761 - Roofing, siding, and sheet metal work industry
1 771 - Concrete work industry
1781 - Water well drilling industry
1791 - Structural steel erection
1793 - Glass and glazing work
1794 - Excavation work
1795 - Wrecking and demolition work
1796 - Installation or erection of building equipment, not elsewhere
1799 - Special trade contractors, not elsewhere classified
9. Depository institutions
Groups 6021 - National commercial banks
6022 - State commercial banks
6029 - Commercial banks, not elsewhere classified
6035 - Savings institutions, federally chartered
6036 - Savings Institutions, not federally chartered
6061 - Credit unions, federally chartered
6062 - Credit unions, not federally chartered
6091 - Non-deposit trust facilities
6099 - Functions related to depository banking, not elsewhere classified
Page 2 of 20
September 14,2011
10. Eating and drinking places (Group 5812, including only liquor service accessory to the
restaurant use, no outdoor music or televisions, no windows or walls permitted to be open
to the outside, except as required by code.)
11. Executive, legislative, and general government, except finance
Groups 9111 - Executive offices
9121 - Legislative bodies
9131 - Executive and legislative offices combined
9199 - General government, not elsewhere classified
12. Food stores
Groups 5411 - Grocery stores (one must be a minimum 27,000 square feet)
5421 - Meat and fish (seafood) markets, including freezer provisioners
5431 - Fruit and vegetable markets
5441 - Candy, nut, and confectionery stores
5451 - Dairy products stores
5461 - Retail bakeries
5499 - Miscellaneous food stores, including convenience stores with fuel
pumps (Tract B only)
13. General merchandise stores
Groups 5311 - Department stores
5331 - Variety stores
5399 - Miscellaneous general merchandise stores
14. Home furniture, furnishings, and equipment stores
Groups 5712 - Furniture stores
5713 - Floor covering stores
5714 - Drapery, curtain, and upholstery stores
5719 - Miscellaneous home furnishings stores
5722 - Household appliance stores
5731 - Radio, television, and consumer electronics stores
5734 - Computer and computer software stores
5735 - Record and prerecorded tape stores (no adult oriented sales)
5736 - Musical instrument stores
15. Insurance carriers
Groups 6311 - Life insurance
6321 - Accident and health insurance
6324 - Hospital and medical service plans
6331 - Fire, marine, and casualty insurance
6351 - Surety insurance
6361 - Title insurance
6371 - Pension, health and welfare funds
6399 - Insurance carriers, not elsewhere classified
6411 - Insurance agents
16. Justice, public order and safety
Groups 9221 - Police protection
9222 - Legal counsel and prosecution
9229 - Public order and safety, not elsewhere classified
17. Meeting and banquet rooms
Page 3 of 20
September 14, 2011
18. Miscellaneous retail (no adult oriented sales)
Groups 5912 - Drug stores and proprietary stores
5921 - Liquor stores (accessory to grocery or pharmacy only)
5932 - Used merchandise stores
5941 - Sporting goods stores and bicycle shops
5942 - Book stores
5943 - Stationery stores
5944 - Jewelry stores, including repair
5945 - Hobby, toy, and game shops
5946 - Camera and photographic supply stores
5947 - Gift, novelty, and souvenir shops
5948 - Luggage and leather goods stores
5949 - Sewing, needlework, and piece goods stores
5992 - Florists
5993 - Tobacco stores and stands
5994 - News dealers and newsstands
5999- Miscellaneous retail stores, not elsewhere classified (excluding
gravestone, tombstones, auction rooms, monuments, swimming pools,
and sales barns)
19. Non-depository credit institutions
Groups 6111 - Federal and federally-sponsored credit agencies
6141 - Personal credit institutions
6153 -Short-term business credit institutions, except agricultural
6159 - Miscellaneous business credit institutions
6162 - Mortgage bankers and loan correspondents
6163 - Loan brokers
20. Offices and clinics of dentist (Group 8021)
21. Personal services
Groups 7212 - Garment pressing, and agents for laundries and drycleaners
7221 - Photographic studios, portrait
723 1 - Beauty shops
7241 - Barber shops
7251 - Shoe repair shops and shoeshine parlors
7291 - Tax return preparation services
7299 - Miscellaneous personal services, not elsewhere classified, excluding
massage parlors, Turkish baths and escort services
22. Public finance, taxation, and monetary policy (Group 9311)
23. Real Estate
Groups 6512 - Operators of nonresidential buildings
6513 - Operators of apartment buildings
6514 - Operators of dwellings other than apartment buildings
6515 - Operators of residential mobile home sites
6517 - Lessors of railroad property
6519 - Lessors of real property, not elsewhere classified
6531 - Real estate agents and managers
6541 - Title abstract offices
6552 - Land subdividers and developers, except cemeteries
Page 4 of 20
September 14,2011
24. Schools and educational services, not elsewhere classified (Group 8299)
25. Security and commodity brokers, dealers, exchanges, and services
Groups 6211 - Security brokers, dealers, and flotation companies
6221 - Commodity contracts brokers and dealers
6231 - Security and commodity exchanges
6282 - Investment advice
6289 - Services allied with the exchange of securities or commodities, not
elsewhere classified
26. Social services
Groups 8322 - Individual and family social services (adult day care centers only)
8351 - Child day care services
27. Travel agencies (Group 4724)
28. Veterinary services for animal specialties (Group 0742, excluding outdoor kenneling)
29. Video tape rental (Group 7841, excluding adult oriented sales and rentals)
30. United states postal service (Group 4311, excluding major distribution centers)
31. 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 ("BlA") by the process
outlined in the LOC.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
a. Utility buildings (including water and wastewater plants) which shall be
enclosed.
b. Essential service facilities
c. Gazebos, statuary and other architectural features
d. Utilities, water and wastewater facilities and/or plants, (all processing buildings
must be enclosed.)
II. PROHIBITED USES:
1. Amusement and recreation services, not elsewhere classified (Group 7999, NEC
Recreational Shooting Ranges, Waterslides, etc.) (Except uses expressly listed in A.I.A.l
are permitted).
2. Air and water resource and solid waste management (Group 9511)
3. Business Services
Groups 7313 - Radio, television, and publishers' advertising representatives
7331 - Direct mail advertising services
4. Correctional Institutions (Group 9223)
Page 5 of 20
September 14,2011
5. Drinking places (alcoholic beverages) (Group 5813)
6. Educational services
Groups 8211 - Elementary and secondary schools
8221 - Colleges, universities, and professional schools
8222 - Junior colleges and technical institutes
8231 - Libraries
7. Health services
Groups 8062 - General medical and surgical hospitals
8063 - Psychiatric hospitals
8069 - Specialty hospitals, except psychiatric
8. Miscellaneous Retail
Groups 5921 - Liquor stores
5961 - Catalog and mail-order houses
5962 - Automatic merchandising machine operators
9. Personal services
Groups 7211 - Power Laundries, family and commercial
7261 - Funeral service and crematories
10. Social services
Groups 8322 -
Individual and family social services, excluding adult day care
centers
Residential care, including soup kitchens and homeless shelters
8361-
III. OPERA TIONAL STANDARDS
1. Hours of Operation:
a. Grocery and indoor restaurant uses:
b. Other retail and office uses:
c. Gas/convenience uses:
6 am to 11 pm
6 am to 9 pm
5 am to midnight
d. Deliveries:
e. Amplification devices serving drive-thru facilities:
f. Outdoor dining:
6 am to 10 pm
6 am to 9 pm
6 am to 10 pm
2. Building Architecture:
All buildings shall be designed in a unified architectural style which shall be
stylistic of Key West, Olde Florida or Bermuda architecture.
3. Lighting:
All lighting shall be architecturally designed. Parking lot lighting shall be
limited to 25 feet in height and shall utilize low pressure sodium or similar bulbs,
which will be shielded from neighboring residential land uses. Halogen lighting
shall be prohibited.
4. Outdoor dining:
Alcohol service for outdoor dining shall be accessory to food service.
Page 6 of 20
September 14,2011
5. Outdoor music:
Outdoor music is prohibited for all uses within the PUD.
B. PRESERVE
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or in part, for the preserve area depicted on the CPUD Master Plan, that is required to be a
minimum of 4.21 acres, other than those uses allowed by Section 3.05.07 H.l.h. of the LDC, or
any successor provision.
I. Principal Uses:
a. Native preserves
b. Water management
c. Mitigation areas
d. Hiking trails, boardwalks, shelter, or other such facilities constructed for the purpose
of passage through or enjoyment of the site's natural attributes.
e. Any other conservation and related open space activity or use which is comparable in
nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or
designee determines to be compatible in the Preserve Area.
DEVELOPMENT STANDARDS
Table I below sets forth the development standards for land uses within the CPUD Commercial
Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections
of the LDC in effect as of the date of approval of the SOP or Subdivision plat.
Page 7 of 20
September 14,2011
EXHIBIT B
FOR
EST A TES SHOPPING CENTER CPUD
T ABLE I
DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
PRINCIP AL USES ACCESSORY USESJ
MINIMUM LOT AREA 10,000 Sq. Ft. N/A
MINIMUM LOT WIDTH 75 Ft. N/A
MINIMUM YARDS (External)
From Wilson Boulevard 50 Ft. 45 Ft.
From Golden Gate Boulevard 55 Ft. 15 Ft.
From Northern Project Boundary 125 Ft. 125 Ft. 4
From 3rd Street NW 300 Ft. 100 Ft.
From 151 Street NW 35 Ft. 30 Ft.
MINIMUM YARDS (Internal)
Internal Drives/ROW 20 Ft. 5 Ft.
Rear 15 Ft. 10Ft.
Side 10 Ft. 10Ft.
Preserve 25 Ft. 10 Ft.
MIN. DISTANCE BETWEEN STRUCTURES 20 Ft. or ~ the sum of N/A
the building heights I
MAXIMUM HEIGHT (single story only)
loned 35 Ft. 35 Ft.
Actual 45 Ft. 35 Ft.
MINIMUM FLOOR AREA 1,000 Sq. Ft. N/A
MAX. GROSS COMMERCIAL BUILDING 150,000 Sq. Ft. N/A
AREA 2, 5
I Whichever is greater.
2 Developer will limit single users to no greater than fifteen thousand (15,000) square feet in size, except for: One (1) grocery
store user between twenty-seven thousand (27.000) and sixty thousand (60,000) square feet in size; One (1) commercial user
up to thirty thousand (30.000) square feet in size; and One (1) commercial user up to twenty thousand (20,000) square feet in
size. The grocery store must be constructed and receive the first certificate of occupancy as part of the first phase of
construction.
3 Accessory uses such as fences/walls, dumpsters, bus shelters, signage, and similar structures are not required to meet the
minimum principal or accessory setbacks as listed in Exhibit 8, Table 1, above, however they are subject to Sections 2.0\.02,
4.02.02,4.02.03 and 5.06 of the LDC.
4 Except the utility building shall not be located closer than 75 feet to the northern property line.
5 No building may exceed 30,000 square feet in size, except for the grocery anchored building with inline stores.
Page 8 of 20
September 14,2011
_z_l;
~
~
~
'"
w
'"
~
;;
"
"'"-
~~
5~
Ww
fg
~~
~
~
'"
il!
j
"'w
I-~
~i
w",
lii'u;
c:;~
"0
~s
~
I-
Z
~
en
w
'"
~
;;
"
"'"-
~w
"6
1;;..
"''''
ww
c:;~
!~
~
I-
~
o
en
"'
'"
>
='
~
"'"-
~~
~~
wli,j
,,~
"0
2~
-=-,1
-!-Il
-,
~
Z
~
'"
"'
'"
j
Ww
~i
"''''
~~
to"
"0
2~
~
I
"
~ffi
i;l~
~~
~~
<.Iw
(;!l
Zo
~S
I II I
I 1\ I
I II I
I II \
I II I
I U
! I
~
~
~
'"
w
'"
>
~
~~
,,~
ffii
w(J
~!l
z~
I,b
~
I-
Z
~
il!
>
~~
;!!~
~!
"''''
"'OJ
~!l
n
~
"';;
~:f
"~
I;;
"'
";en$
..:ll~
~,,~
~~iij
o W
N '"
$
~
il!
j
Sg
"'-
"''''
w",
~!l
z~
iil3
ffi
I-
Z
t'J
i
~
"
gffi
~I-
~
"
i~
0",
~~
,,"'
~~
~S
~
~i
1-1-
il!"
S~~
i"'~
",h
g~
~3",
w
~ !l
~ ~
~~
~E
"IE
0",
n
io
. I!!
~~
~~
"'...
~~
~~ .
~~~
~Za::
"'''I!!
~~~
01; .
~~~
;~,
2~~
irl'iS
~~o
!lill~
='f~
!n
l~~
o"'~
~ill~
"''''..
.. ~h
! s....'"
i :il8f
~ Et
~
I-
Z
~
'"
"'
'"
~i
1-"-
"...
1;;6
~..
"''''
w
c:;~
lo
~S
~
~
~
~
~ ~
u u ~
"-
~ i~E ~
,!: I-!!;~ ~
wlt:;l Q:
~ ~~~t;; 0
~ ~h~ ~
i i ~~i~ ~
~ "i3 ..~~ i:':
S . i l ~ "'2 1'1)
It: ~~ [ijffi~!- I'ol
i g~ ~~~
i~ ~ffi ~~~I- ~I
~ll: g;8 "'iSt;;~ "
>~ 1=0 2"'ll!z ~
~~ 5~ ~a~~ H~~ ~#.
~lt ~~ ;;~il~ ii~i it ~
1-:5 ~i5 ~~~" '._~.'.
~ffi E~ iil~~~ ;l;l; j j
~ 5 ~ ~ ~ E i" I '!
i!~ ~i ~~I~ ii~p !.
~~ t: ~!jI j IL i j
~I- ~! ~I- 8 t
r ~; ~~~E "".;; ;
;! 'I lid ~ H,
~~ L ~U"'. ~~!!
~E EF! ~%~ -g jSt
~I- fillh o~~.. ,,"00
oirl ~~ I-~~t;; C ':; E
~~~~~ ~!~i Ill!
~!~;i~i,,~- ~;
:~~~"'~~~~~ c~
~~S13~il~~l!
~t2"S ~ F~ A' I ~
~~~~~~~I~~
8lMol-~iS"''''~~
~U~!Uh~
"~~~~~i5~~<g
:a
i "':NPi"'lli .,;
0(
~
~
~~~
~i~
~:z:iil1l
i~~-
~~~ ~
~~.U~~
" 1-1 .(,I)Vl~
; ~w~i~~
~ ~g~Z~N
l!io
U
~~
~~
~~
!s
> .
h
~~
"'~
~~
:7i~
;~ ~
-~i '"
~~~; ~
~;;-;;C!5 ';/ 5~
a:li!3~c ~ 8 w~
a~~~1 ~ ~ jl~'"
i..;..~. I gc
. .. H ~ III f.l~
>1 ~h~ ~Ii ~~
II ~ a i ~ ; ;11 ~ :
'" ~:# ~ ~ f ~ III ~I;;
~i~~f- ;)" _
>-
~~
~i
I
'"
l"
i
@
EXHIBIT D
FOR
ESTATES SHOPPING CENTER CPUD
LEGAL DESCRIPTION
A PORTION OF GOLDEN GATE ESTATES, UNIT NO.ll, AS RECORDED IN PLAT BOOK 4 AT
PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO
BEING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF TRACT 144 OF GOLDEN GATE ESTATES, UNIT
NO.ll, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89040'50" WEST, ALONG THE SOUTH
LINE OF SAID GOLDEN GA TE ESTATES, UNIT No. 11, FOR A DISTANCE OF 2,000.00 FEET TO
THE SOUTHWEST CORNER OF TRACT 107 OF SAID GOLDEN GATE ESTATES, UNIT No.ll;
THENCE RUN NORTH 00019'10" EAST, FOR A DISTANCE OF 860.00 FEET TO THE
NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 106 OF SAID GOLDEN GATE
ESTATES UNIT No.ll; THENCE RUN SOUTH 89040'50" EAST, FOR A DISTANCE OF 660.00
FEET TO THE SOUTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF
TRACT 111 OF SAID GOLDEN GATE ESTATES, UNIT No.II; THENCE RUN NORTH 00019'10"
EAST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 75
FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 89040'50" EAST,
FOR A DISTANCE OF 660.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 75 FEET OF
THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 00019'10" WEST, FOR A
DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF
TRACT 142 OF SAID GOLDEN GATE ESTATES, UNIT No.ll; THENCE RUN SOUTH 89040'50"
EAST, FOR A DISTANCE OF 680.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 180
FEET OF SA ID TRACT 142; THENCE RUN SOUTH 00019'10" WEST, FOR A DISTANCE OF 860.00
FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED,
CONTAINING 40.62 ACRES, MORE OR LESS.
Page 10 of20
September 14,2011
EXHIBIT E
FOR
EST A TES SHOPPING CENTER CPUD
LIST OF DEVELOPER COMMITMENTS
Regulations for development of the Estates Shopping Center CPUD shall be in accordance with the
contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan
(GMP) in effect at the time of issuance of any development order to which said regulations relate.
Where this CPUD Ordinance does not provide development standards, then the provisions of the
specific sections of the LDC that are otherwise applicable shall apply.
A. TRANSPORT A nON
The development of this MPUD shall be subject to and governed by the following conditions:
I. Right-of-Way for Golden Gate Boulevard Expansion and Right-of-Way for the
Wilson Boulevard Expansion will be donated to the County at no cost to County
within 120 days of a written request from the County.
2. The County will allow construction of a full median opening at the project entrance
between 1 st and 3rd, after approval of right of way permit. The design and
construction shall be the responsibility of the developer. Should the project entrance
access point meet signal warrants and if approved by the county, the developer will
be responsible for all design and construction/installation costs of a traffic signal. The
County reserves the right to modify the median opening should safety or documented
capacity conflicts develop. Signalization, if warranted, must also be timed with the
existing signal at Golden Gate Boulevard and Wilson Boulevard, with the Wilson
Boulevard and Golden Gate Boulevard signal prioritized for green time.
3. The first phase of development, inclusive of the required grocery store and
recognized to be no greater than 100,000 square feet, shall have a proportionate share
responsibility towards intersection improvements at Wilson and Golden Gate
Boulevard.
4. The last 50,000 square feet of the project shall not receive SOP approval from the
Growth Management Division until commencement of County's proposed
improvements to the intersection of Golden Gate Boulevard and Wilson Boulevard,
unless the Developer has elected to commence construction of the intersection
improvements in advance of the County (the non-site related portion of the cost of
said improvements shall be eligible for road impact fee credits). No certificates of
occupancy shall be issued for this phase until said intersection improvements are
complete. This phase shall also have proportionate share responsibility toward the
cost of the intersection of Wilson and Golden Gate Boulevard. For the purposes of
this commitment "intersection improvements" shall mean four lanes of approaching
and departing traffic travelling north/south and east/west and dual left turn lanes and
right turn lanes in all directions except the southbound right turn lane on Wilson
Boulevard being a dual right turn lane.
5. Access points shown on the Master Plan are conceptual.
Page II of20
September 14, 20 II
6. Up to four primary project access locations are proposed. Access points will be
determined at Site Development Plan review in accordance with the County Access
Management Policy:
1. One direct connection to Wilson Boulevard is proposed; located as far to the
North as can be reasonably accommodated on the final SOP.
11. Access to Golden Gate Blvd via 1st Street NW is proposed.
iii. Access to Golden Gate Boulevard between 1st Street NW and 3rd Street NW is
proposed. Refer to condition no. 2 above, referring to signalization.
iv. Access to Golden Gate Blvd via 3rd Street NW is proposed.
7. The developer shaII add signage at project entrance on 3rd Street NW prohibiting
truck and/or delivery traffic.
B. BUS SHELTERS
1. The developer shall install or make payment in lieu of construction for two school
bus stop shelters, which shall be instalIed at or near the intersection of 1 sl Street N. W.
and Golden Gate Boulevard. If authorized by the School District the shelter size and
location shall be coordinated with the Collier County School District. Installation of
the shelters shall be concurrent with issuance of the first building certificate of
occupancy if constructed by Developer.
2. At the request of Collier County, the developer shaII install or make payment in lieu
of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus
stop with shelter. The exact location will be determined during site development
plan review for Phase 2 of the project. If constructed by County, owner shall convey
to County an easement for the bus shelter at no cost to County.
C. LANDSCAPE BUFFERS
1. Any portion of the Project directly abutting residential property (property zoned E-
Estates and without an approved conditional use) shall provide, at a minimum, a
seventy-five (75) feet wide buffer, except the westernmost 330' of Tract 106, which
shaII provide a minimum 20' wide buffer in which no parking uses are permitted.
Twenty-five (25) feet of the width of the buffer along the developed area shall be a
landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of
retained or re-planted native vegetation and must be consistent with subsection
3.05.07.H of the Collier County Land Development Code (LDC). The native
vegetation retention area may consist of a perimeter berm and be used for water
management detention. Any newly constructed berm shall be revegetated to meet
subsection 3.05.07.H of the LDC (native vegetation replanting requirements).
AdditionalIy, in order to be considered for approval, use of the native vegetation
retention area for water management purposes shall meet the following criteria:
a. There shall be no adverse impacts to the native vegetation being retained. The
additional water directed to this area shall not increase the annual hydro-period
unless it is proven that such would have no adverse impact to the existing
vegetation.
b. If the project requires permitting by the South Florida Water Management
District, the project shall provide a letter or official document from the District
Page 12 of20
September 14, 2011
indicating that the native vegetation within the retention area will not have to be
removed to comply with water management requirements. If the District cannot
or will not supply such a letter, then the native vegetation retention area shall
not be used for water management.
c. If the project is reviewed by Collier County, the Developer's engineer shall
provide evidence that no removal of native vegetation is necessary to facilitate
the necessary storage of water in the water management area.
2. Landscape buffers adjacent to external rights-of-way shall be:
. 1 st/3rd Streets - Minimum 30' wide enhanced buffer (Exhibit E.C.1 a and Exhibit
E.C.1b)
. Wilson Boulevard - Minimum 25' wide enhanced buffer (Exhibit E.C.l c)
. Golden Gate Boulevard - Minimum 50' wide enhanced buffer (Exhibit E.C.ld)
3. The seventy-five foot wide vegetative preserve/buffer identified and located along
the northern property boundary shall retain existing native vegetation. Where the
existing vegetation does not meet the requirements of the LDC, the owner or its
successors shall replant and supplement native vegetation at all three vegetative strata
as required by the LDC. Plant materials must be native species compatible with
vegetation existing within the preserve area. These supplemental plantings must
occur concurrent with the first phase of development on the site. The mid-story
vegetative plant material may be clustered near the northern preserve edge in order to
address fire safety concerns. The replanted preserve must be 80 percent opaque
within one year at six feet in height. Please refer to Exhibit E.C.l f for details.
4. Along the northern boundary of Tract A of the Conceptual PUD Master Plan, the
Developer shall be required to install a six foot high sound wall adjacent to the
preserve/landscape buffer area as depicted on Exhibit C, Master Plan.. The six foot
height shall be measured from the adjacent drive aisle or 1st Street NW, whichever is
greater. The wall shall be installed concurrent with the commencement of site work
for the first phase of commercial development on Tract A.
O. ENVIRONMENTAL
1. A minimum of 15% of the on-site native vegetation must be retained. 28.09:1: acres
of native vegetation exists requiring preservation of 4.21:1: acres of native vegetation.
See calculation below. (40.62:1: acres (total site) - 12.53:1: acres (7.54 ac. single
family homes, 4.90 ac. row, .09 ac. pump station) = 28.09:1: acres (native vegetation)
x 15% = 4.21:1: acres (required preserve).
2. A Black Bear Management Plan and a Fox Squirrel Management Plan are to be
submitted at the time of SOP.
Page 13 of20
September 14, 20 II
=
f"l
...J
-
c..
"
~
.:.I
!
"
llII
1
.a
:i
in
I
~
.:
..
...,
-
~
Z;
...
~
~
...
~
...
"l
-
AlV
JUalU~~laAao
",_""ap!s
.:~.;
......rJ
. .:.I.
:!::~
~
z
i
~
...
.:
ED]]
",_""ap!s
~~
~.... .
.,.
>
C
~--
_ AlV
~ Ju.doPUO
..
~
II
=
~
\lY} j
'1 ~
~
~
.,.
>
C
=
.,.
...
CJ
~
rI:J.
:i"
. u
~i
...,..
~
Cia
r-
=
\oC
r-
=
~
t
.
E
~
!i.
j
j
f.
~
4
a..
~
~
=
==
~
Q.
CIS
y
rIJ
"CS
=
CIS
.....J
~
Z
.....
~
~
a..
.....
rI'1
.....
rIJ
....
I
~ CIS
1 ....
.
u
.
~ ~
~ .....
.-
, .c
i .-
J .:::
... ~
i ~ ~
4 ~
~ -
...
rI:J.
...
C'I.2
...-l
e
=
~
~ ~
~ ~
.-
>
II
II
'a
'ii
~
:ii
N
":cJ
....
. =
..,...
~
~
.-
~
=
=
.-
<W
Cj
~
rJ:J.
<' <i ',>
" " ;; c ,."" . ,:
" -
' -
' .
t acJ
=..
lie.
"i. UN
..
=
M
. .
..
iJ
.!~II
It . .
.. 110"
'5 ~J
j
...:~
...
. 0
~lo#
. ~ tJ
.i"'=
:".~=
-ON
~
z:
t...w........... .....'.
'i'-:"
~
~
....
>
=
~
...
Q..
..
!
..
{I:J
'E
,..,
......
~
~
-
......
00
"'CS
-
tf')
e
=
~
~
~
....
>
g
"
~
<-
II.
;:
-g
:!
-
~
~
=
==
~
Q.
~
~
~
"'CS
=
~
~
~
Z
......
~
~
-
......
~
"'CS
-
tf')
I
~
~
.
u
.
~
......
....
~
....
-=
~
~
a.
~. ~~~
.~ K-'---=itti"~ ~
> ~.
= DevelopmeDt
= Area
-
=-
a.
~
....
=
=
...
II)
N
l
i
I
..
i
[((D
.:&',
.cl
~.c
Sidewalk
~
~
....
>
=
=
....
....
CJ
~
00
';&1'
42, '\ .
1 1
{tf
~
" ~
I ~
~
...
.
1
Is.
"
.
~
E
,-g
c~
c ~
~~
"0"
CO .~
'"':;
u6
a.
~
ct.
=
==
~
c.
=
CJ
~
"C
=
=
...;;j
"C
a.
=
~
~
-
=
=
==
=
=
~
-
~
!
~.;
00
~;,
I
CJ
,....
.
U
.
~
.-!
1 "E
rc.i " ~ ~
~ ~ ~
It ~ =
~.~ ~
f. - e
%~iH} ~ ;
f ," ~.~
~~ ~ ~ >
...
.-
~
.-
.c
~
~
8UV Juawdo(a..aa
..
I:
:ii
".-
r.lll.
""
~
l::
=
==
"C
~
CJ
=
ell
.c
=
~
...
=
In _
~
c-
-all
'" ~
.=-
:I (,I
-~-
.c:",~
"'-cl::
~.; :I
;>~
. >..
= = -
-.:1
,C=.
;:"1; I:
'l:l
>
=
~
....
.
~
=
~
'l:l
-=
~
I:
.!
ii
.!!
..
llli
..
.. .
-=-
;~
"CI
I:
--
..
"CI..
..-
e:_
:!~
t ..
..;
~Cl
Cl_
-..
= E
~J
,!..."
....-
lIII"~
GjC.
;;.=..
..~ l
~J~
- - ..
Z=A
lIII; ~
=..-
:",=
'" - ..
---
..,: "
IIl=..
'p..,g
a.8~ np,o~
I:
.!
ii
.!!
..
llli
..
.. .
-=-
;~
~
~
.-
>
=
=
-
~
~
c-
-.
'" ~
.=-
:I (,I
~~I.
W2W'J~
~:g,;
.~ ~.=
.. >.";j
I: I: I.
-aII:1
-==.
;:"1; I:
~
~
.-
>
=
=
.-
,.,.
CJ
~
'CrJ
.J
r\"
..
'C ..
I: ..
:ei
""'-I:
0'1: :..~
I: ... E:5
~ r:.e: ~::
-;;':.=10
~A.=_Ar
;:,
I:
;..
I:~
--
--
=-1:1:
1~:!
.. E_
0__
tE~
i:s~
~
~ 1:__
.. -- -=
~E~
~ . t
(II~....
~~~ '1
- ~ "fr.~, ~
;;
:;.
iC
i
~ .
- .
'-l:
-- .
,.. !
.... ;
.- .::::
-J
~1
-
~
c.".
=
=
QJ
~
=
C,J
rIJ
't:S
=
=
.....;l
't:S
-
=
>
QJ
-
=
=
=
QJ
.....
=
C
=
QJ
't:S
-
=
C
.
"C
~
-
==
~
-
ell
~
=
~
"C
-
=
~
e
=
""
~
~
~
..
;>
't:S
~
.
~
~
.....
.....
~
.....
-=
~
~
II
~
..
!
..
~
~
'G
L
~t
... lIll
a
o
N
~
....
:>
s::
o
....
....
..,
QI
U2
..
~
'S
-
u
!
.
~
"
i' . , '_. ~_
l~ "J._
.' ,
Ii
~
. t W
.-=5
:.,io
-:N
-II
~.
. I:
..,,,
:a01 -,:av:ass
'G
tI
\J
iii
1 a-
il IlQ ~
'If .; II
c: ... lIll
.' a
'.. ..... 0
~N
';"
. "
If"
~J
~
~
I
~
..a::
....
~
r:::
QI
...:I
I
.......
+
in
~
1""f
....
C
...:I
QI
~
....
lit
I:I:a
a
j
.
QI
....
;>
r:::
c
....
~
;..
QI
....
I:I:a
i
,
,
..
..
~
c.t.
=
=
~
=-
~
c.J
rI.l
"0
=
~
~
\C
=
~
.....
c.J
~
..
~
I
~
~
.
u
.
~
.....
.,..
~
.,..
-=
~
~
__z_I::
. J
~
2
~ i
"2 ~
~
0\
1.0
I~~i
flU
.. ~~
liS!
~~.~ ~
:i!! IHj
i f~ I IU:;;
if~~1 ! ~ d~l
~ IV I' ,,-,"-' Iii .B
:ac I"'l u."-'
'c ii "2 ~ u.o.6 ~ f
! r l e .0 ~ ~ ~ B.
ih~ i.li~~~~~
if{f ~~iU!li
3L~ hi!ud~
-v
---
_d
_Wi
I
II!
0i
~i
W0
i~
.J
-:"";'i'-........,.
::-:-:::-)
.... . .)
::: ::: : J
y(~\(\\ \.
::::~)\ ~
:I::J). )
.''; II! \
. ..j 3
'.' ~
':->\L
-: -: ')
,:::::-~~
:~~:>l:i2JJ mnh
nutl
ua aJ
I 1111 ,I
.. . f
:5 Ji ~
s ~
~ .~!
~ ~; f
lJir
~;
I · I L
. I C
~
J t; li
t if
~-~
tJ ~ ~
~ ~l
E ::;: t-
0.0
;t: .-
~~
...
~ ~
~
~ '!
i f ~ .
1! II Ji ::::
! lid I:::: ~ I
i~dl ~ :::: ~
'-8iii~~ :! ....
!II__~ 0~ :-:-
~tlllf nc::),
Ii is i i~ }}:\
li~~ ~ I ~~ ::::<<~
~ Ilj .....j
fi ~ ~.. ::::10
'J'ilS ~. ....J r
II!";~ g:i (::::~~
i i ~ ~ ~il l-:-:-:~\
~! ~~ h~ ::::<>~,
\ I~U>
. 11\ ~
~ ';
~It--=-n_-~~ a
- i ------=-----~! ~
.
EXHIBIT F
FOR
EST A TES SHOPPING CENTER CPUD
LIST OF REQUESTED DEVIATIONS
I. Deviation from Land Development Code (LDC) Section 3.05.07.H.l.h.iii, Preserve
Standards, which requires a five foot minimum setback from Preserve, to permit a
sound wall to be constructed adjacent to the preserve in the location depicted on
Exhibit C, Master Plan.
Page 20 of 20
September 14,2011
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 2011-30
Which was adopted by the Board of County Commissioners
on the 14th day of September, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st
day of September, 2011.
By: Martha
Deputy
I