Resolution 2012-033RESOLUTION NO. 2012- 3 3
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA APPROVING A DENTAL OFFICE AS
A PERMITTED USE IN THE BALDRIDGE PUD. THE SUBJECT
PROPERTY IS LOCATED IN SECTION 18, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 0441, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the rezoning of land to Planned Unit
Development (PUD); and
WHEREAS, on November 5, 2002, by Ordinance 2002 -55, the Board of County Commissioners
of Collier County approved a Planned Unit Development (PUD) known as the Baldridge PUD (Exhibit
A) for the subject property; and
WHEREAS, the Baldridge PUD does not currently expressly contain the Standard Industrial
Classification (SIC) code for dental offices; and
WHEREAS, Section 3.3.a of the Baldridge PUD provides for certain permitted uses,
including Subsection 3.3.a.33, "Any other general commercial use, which is comparable in nature
with the foregoing uses, including buildings for retail, service and office purposes consistent with the
permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning
Appeals"; and
WHEREAS, the Petitioner requests a determination by the Board of Zoning Appeals that a dental
office is a permitted use in the Baldridge PUD according to Section 3.3.a.33 of the PUD; and
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the Land
Development Code; and
WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice
made, and all interested parties have been given opportunity to be heard by this Board in public
meeting assembled, and the Board having considered granting the request by Livingston and
Pine Ridge, LLC, for the permitted use.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that:
Baldridge PUD / PL2011 -2649
Rev. 2/08/12 1 of 2
(1) A dental office is a permitted use in the Baldridge PUD, according to Section 3.3.x33 of the
PUD.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board. D
This Resolution adopted after motion, second and majority vote, this 2254y of
!•c. , 2012.
ATTEST: BOARD OF ZONING APPEALS
D I � ',.CLERK COLLIER COUNTY, FLORIDA
Deputy Clerk FRED W. COYLE, Chairm
'-d''
Appro 4�4s to form
and legsufficiency:
Steven T. Williams
Assistant County Attorney
Attachment: Exhibit A — Baldridge PUD
CP\11- CPS - 01135 \16
Baldridge PUD / PL2011 -2649
Rev. 2/08/12 2 of 2
rr ORDINANCE NO. 02- 5 5 !- '
T�V=Ztab 4 ~,
AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 ,
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
r� INCLUDES THE COMPREHENSIVE ZONING REGULATIONS �- -
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP
�Sy NUMBERED %18N BY CHANGING THE ZONING
t CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "A" AND "A -ST" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS THE BALDRIDGE PUD LOCATED
IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF
APPROXIMATELY 16.8 ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Timothy L. Hancock, AICP, of VanasseDaylor, Inc., and R. Brice Anderson, of
Young, vanAssenderp, Vamadoe and Anderson, PA, representing Beldridge Development Inc.,
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 Commissioner of Collier
County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 18,
Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural
and "A -ST" Rural Agricultural, Special Treatment Overlay, to "PUD" Planned Unit Development in
accordance with the PUD Document, attached hereto as Exhibit "A" and incorporated by reference
herein. The Official Zoning Atlas Map numbered %18N, as described in Ordinance Number
91 -102, the Collier County Land Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioner of Collier County,
Florida, this 5th day of Novemher
2002.
',e��+Q9
BOARD OF COUNTY MMISSIONERS
,, •�,
COLLIER
BY
`%
JAMES N. COLBTTA, CHAIRMAN
-MWy.4 ,BRO CLERK
•'' ����i`L'yf to ChHs�'�
sfaxatup....I
and Legal Sufficiency This ordinonce filed with the
S_Ocretory of Stcte's Office the
& doY of AWh- -k , -U�P-
rCLy�.c1 and ocknowledgement of that
MarjoriedW. Student fill received this ltat doy
of ,
Assistant County Attorney 9y
D.P"Y CN
EXHIBIT "All
BALDRIDGE
A
PLANNED UNIT DEVELOPMENT
Regulations and supporting Master Plan governing the Baldridge PUD, a Planned Unit Development
pursuant to provisions of the Collier County Land Development Code
PREPARED FOR:
Kenneth R. Baidridge
C. Allen Kann
PREPARED BY:
Tim Hancock, AICP
VanasseDaylor
3001 Tamiami Trail North, Suite 206
Naples, FL 34103
941.403.0223
R. Bruce Anderson, Esq.
Young, van Assenderp, Varnadoe & Anderson, PA
801 Laurel Oak Drive, Suite 300
Naples, FL 34108
941.597.2814
May 20, 2002
DATE REVIEWED BY CCPC:
DATE APPROVED BY BCC: 1 ] j05 j02
ORDINANCE NUMBER: 2002 -55
AMENDMENTS AND REPEAL:
EXHIBIT "A"
TABLE OF CONTENTS
List of Exhibits and Tables
Statement of Compliance & Short Title
Section 1 Legal Description, Property Ownership And General Description
Section II Project Development 2
Section III Commercial Areas Plan q
Section IV General Development Commitments 7
LIST OF EXHIBITS AND TABLES
EXHIBIT A: PUD Master Plan
EXHIBIT B: Boundary Survey
EXHIBIT C: Conceptual Water Management Plan
EXHIBIT D: Typical Lake Cross Section and Typical Pavement Section
STATEMENT OF COMPLIANCE AND SHORT TITLE
The Baldridge Planned Unit Development (PUD) consists of t 16.8 acres of land situated at the
Southeast comer of the intersection of Pine Ridge Road and Livingston Road in Collier County, Florida,
and designated as the Livingston / Pine Ridge Commercial Infill Subdistrict in the Collier County Growth
Management Plan.
1. The development of this Project will be in compliance with the planning goals and objectives of Collier
County as set for the in the County's Growth Management Plan.
2. The Project includes retail and office uses consistent with the Livingston/Pine Ridge Commercial Infill
Subdistrict of the Collier County Growth Management Plan and the Collier County Land Development
Code.
3. The Project location, immediately Southeast of the intersection of Livingston Road and Pine Ridge
Road, will allow access to Livingston Road and Pine Ridge Road, as well as, providing a connector
road to improve emergency access to and from Livingston Road. In addition, the PUD Master Plan
identifies a reservation of right -of -way for a future east / west road.
4. The Project will be served by and approved by the Collier County Utilities Division.
5. The Project, as proposed, Is compatible with adjacent land uses and includes adequate buffering
where dissimilar land uses are located adjacent to each other.
6. All final local development orders for this Project are subject to the Collier County Adequate Public
Facilities Ordinance.
SHORT TITLE
This Ordinance shall be known and cited as the "Baldridge Planned Unit Development Ordinance ".
N.
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 to be developed under the project name of the
"Baldridge PUD."
1.2 LEGAL DESCRIPTION
The subject property being t 16.8 acres, is described as:
LEGAL DESCRIPTION
THE WEST A OF THE NORTHWEST % OF THE NORTHWEST Y. OF SECTION 18,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA less parcel 111
described in the Public Records of Collier County, Florida and recorded at O.R. Book 2667, Page
3063 and Parcel 811A described In the Public Records of Collier County, Florida and recorded at
O.R. Book 2667, Page 3065 for road rights -of -way.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of:
Pine Ridge Golf Center
3350 Pine Ridge Road
Naples, Florida 34109
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
The Project site is located In Section 18, Township 49 South, Range 26 East, Immediately south
and east of the Intersection of Pine Ridge Road and Livingston Road In Collier County, Florida.
The zoning classification of the subject property prior to the date of this approved PUD Ordinance
was "A" Rural Agricultural.
1.5 PHYSICAL DESCRIPTION
The proposed site consists of t 16.8 acres, and Is proposed to utilize a dry detention swele for
water quality storage and a combination of detention areas and on -site preserve areas for water
quantity storage. The control elevation Is proposed as 12.0 feet NGVD. The Project falls within
the 1 -75 Canal Basin with a restricted allowable discharge of 0.06 CFS per acre per Collier county
Ordinance 90 -10 requirements. The project is located outside of FEMA mapping limits.
1.6 PROJECT DESCRIPTION
The Project will consist of +/ -15 acres of commercial and/or professional office development. The
site plan has been configured to take advantage of the location and to maintain market flexibility
for future development. The plan allows for either a single use development or multiple uses on
the property.
SECTION II
PROJECT DEVELOPMENT
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
a. Regulations for development of the Baldridge 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 approval of a preliminary subdivision plat, site
development plan, or building permit, as applicable. Where these regulations fail to
provide developmental standards, then the provisions of the most similar district in the
County Land Development Code shall apply.
b. Unless otherwise noted, the definitions of all terms shall be the same as the definitions
set forth in Collier County Land Development Code in effect at the time of building permit
application.
c. All conditions imposed and all graphic material presented depicting restrictions for the
development of the Baldridge PUD shall become part of the regulations, which govern
the manner in which the PUD site may be developed.
d. Unless modified, waived or excepted by this PUD, the provisions of other sections of the
Land Development Code where applicable, remain in full force and effect with respect to
the development of the land, which comprises this PUD.
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.
The petitioner's property is located outside an area of histodc/archaeological probability
as designated on the official Collier County Probability Map. Therefore, no
historiciarchaeological survey and assessment Is required. Pursuant to Seccdw
2.2.25.8.1 of the land Development Code, if during the course of site clearing,
excavation or other construction activity, an 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.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The Project Development Plan, including layout of streets and use of land for the various tracts, is
illustrated graphically by Exhibit 'A," PUD Master Plan. The PUD Master Plan also illustrates
necessary water management lakes or detention areas and the general configuration of street
rights -of -way. The Project will contain a maximum of 125,000 square feet of retail and/or office
development.
2
2.4
2.5
2.6
PRESERVE AREA
±1.8 acres
RIGHT -OF -WAY / COMMON AREAS
t 2.3 acres
COMMERCIAL AND RETAIL AREAS
±10.8 acres
OPEN SPACE AND WATER MANAGEMENT AREAS
t 1.3 acres
60' RESERVATION OF ROW
t 0.6 acres
TOTAL:
± 16.8 acres
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
a. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the
PUD, final plans of all required improvements shall receive approval by the appropriate
Collier County governmental agency to ensure compliance with the PUD Master Plan, the
Collier County Subdivision Code, and the platting laws of the State of Florida.
b. Exhibit "A ', PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, If
applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any
division of property and the development of the land shall be in compliance with Division
3.2 of the Collier County Land Development Code, and the platting laws of the State of
Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code, when
applicable, shall apply to the development of all platted tracts or parcels of land, as
provided in said Division, prior to the issuance of a building permit or other development
order.
d. Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedications and methods for providing perpetual maintenance of common
facilities.
CHANGES AND AMENDMENTS TO PUD DOCUMENT AND PUD MASTER PLAN
Amendments may be made to the PUD and PUD Master Plan In accordance with Section 2.7.3.5
of the Collier County Land Development Code.
ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities whose ownership
and maintenance responsibility is a common Interest to all of the subsequent purchasers of
property within said Development in which the common interest is located, that developer entity
shall provide appropriate legal instruments for the establishment of a Property Owners'
Association whose function shall include provisions for the perpetual care and maintenance of all
common facilities and open spaces, subject further to the provisions of the Collier County Land
Development Code, Section 2.2.20.3.8.
3
SECTION III
COMMERCIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to Identify the type of commercial uses and development standards
that will be applied to the areas so designated as "C" Commercial on the PUD Master Plan
(Exhibit "A ".)
3.2 DEVELOPMENT EMPHASIS
The Project is bordered by Livingston Road on the west, and the northem property line borders
Pine Ridge Road. The subject property is permitted a full array of commercial uses as indicated
in the Growth Management Plan, and as such, this Document and the uses contained herein, are
consistent with the Collier County Growth Management Plan.
3.3 USES PERMITTED
The Project will develop with uses that are consistent with C -1 through C -4 uses as contained in
the Land Development Code in effect as of the date of adoption of this Ordinance not to exceed
125,000 square feet. More specifically, no building or structures or part thereof, shall be erected,
altered or used, or land used, in whole or part, for other than the following:
a. Permitted Uses
1. Amusements and recreation services, indoor (groups 7911 -7929, 7991- 7993,7997);
group 7999 uses are not permitted except for golf professionals, gymnastics
instruction, judo instruction, karate instruction, tennis professionals, and yoga
Instruction).
2. Automotive dealers and gasoline service stations (groups 5531, 5541 with services
and repairs as described in section 2.6.28).
3. Apparel and accessory stores (groups 5611 - 5699).
4. Auto and home supply stores (5531).
5. Automotive repair, services, parking (groups 7514, 7515,7521)
6. Building materials, hardware and garden supplies (groups 5231- 5261).
7. Business services (groups 7311 -7352, 7361 -7397 except armored car, dog rental
and labor pools, 7384, 7389 except auctioneering, bronzing, field warehousing,
salvaging of damaged merchandise).
8. Commercial printing (2752, excluding dally newspapers).
9. Communications (groups 4812 -4841) except communication towers.
10. Eating establishments (5812).
11. Engineering, accounting, research, management and related services (groups 8711-
8748).
12. Food stores (groups 5411 - 5499).
13. Fueling locations without convenience commercial uses, only when located with
another permitted use. No diesel fuel sales.
14. General merchandise stores (groups 5311 - 5399).
15. Glass and glazing work (1793).
16. Group care facilities (category I and II, except for homeless shelters); care units,
except for homeless shelters; nursing homes; assisted living facilities pursuant to
state statute 400.402 F.S. and ch. 5BA -5 F.A.C.; and continuing care retirement
communities pursuant to state statute 651 F.S. and ch. 4 -193 F.A.C.; all subject to
Section 2.6.26 of the Land Development Code.
17. Health services (groups 8051 -8059, 8062 -8069, 8071, 8072, 8092- 8099).
4
18. Home furniture, furnishing and equipment stores (groups 5712- 5736).
19. Hotels and motels (groups 7011, 7021).
20. Miscellaneous repair services (groups 7629 - 7631).
21. Miscellaneous retail (groups 5912 -5963, except pawn shops and second hand
clothing stores; 5992- 5999).
22. Non - depository credit institutlons (groups 6111- 6163).
23. Paint, glass and wallpaper stores (5231).
24. Personal services (groups 7212, 7215 -7217, 7219, 7221 -7251, 7261 except
crematories, 7291 -7299 except tattoo parlors and escort services).
25. Public administration (groups 9111 -9199, 9229, 9311, 9411. 9451, 9511 -9532, 9611-
9661).
26. Retail nurseries, lawn and garden supply stores (5261).
27. Real estate (group 6512).
28. Social services (groups 8322 -8399, except for homeless shelters and soup kitchens).
29. Veterinary services (groups 0742, 0752 excluding outside kenneling).
30. Videotape rental (7841).
31. Vocational schools (groups 8243 - 8299).
32. United States Postal Service (4311 except major distribution centers).
33. Any other general commercial use, which is comparable in nature with the foregoing
uses, including buildings for retail, service and office purposes consistent with the
permitted uses and purpose and intent statement of this PUD as determined by the
Board of Zoning Appeals.
Accessory Uses
1. Uses and structures that are accessory and incidental to the uses permitted as of
right in this District.
2. Caretaker's residence, subject to Section 2.6.16 of the Land Development Code.
3.4 DEVELOPMENT STANDARDS
a. Minimum Lot Area: 10,000 square feet.
b. Minimum lot width: 100 feet.
C. Minimum Yard Requirements:
1. Along Pine Ridge Road:
25 feet.
2. Along Livingston Road:
25 feet.
3. Along South property line:
50 feet.
4. Along Eastern property line:
25 feet.
d. Minimum Yards (internal):
1.
Front yard:
15 feet.
2.
Side Yard:
10 feet
3.
Rear Yard:
20 feet.
4.
Waterfront:
25 feet.
e. Maximum height: Building height is limited to one story with a 35 -foot maximum for
all retail and general commercial uses. General and medical
office uses are limited to three stories with a 40 -foot maximum
height.
f. Minimum floor area: 700 square feet gross floor area on ground floor.
5
g. Minimum off - street parking and off - street loading: As required in Division 2.3 of the Collier
County Land Development Code. The parking requirements shall be calculated over the
entire site so that each free - standing use shall not be required to provide 100% of the
Land Development Code's minimum parking on its site, provided the total parking for the
Project meets or exceeds the minimum parking required for the combined land uses.
h. Landscaping: As required in Division 2.4 of the Collier County Land Development Code.
I. Lighting: Lighting shall be designed so as to prevent direct glare, light spillage and
hazardous interference with automotive and pedestrian traffic on adjacent streets and all
adjacent properties.
j. Signs:
1. Out - parcels shall be permitted one pole or two ground signs in accordance with
Section 2.5.5.2.1.1. of the Land Development Code provided each developable
parcel has a minimum of 125 feet of frontage on Pine Ridge Road or Livingston
Road. In no event shall more than three out - parcel signs be permitted along Pine
Ridge Road.
2. All other project signage will comply with Division 2.5 of the Collier County Land
Development Code.
k. Architectural and site design standards. All buildings and projects shall be subject to the
provisions of Division 2.8 of the Land Development Code.
Off site removal of earthen material: The excavation and stockpiling of earthen material in
preparation of water management facilities or to otherwise develop water bodies is
hereby permitted during construction of buildings or Infrastructure. If a surplus of earthen
material exists, then its off -site disposal Is also hereby permitted, subject to the following
conditions:
1. Excavation activities shall comply with the definition of a "development
excavation" pursuant to Division 3.5 of the Land Development Code, whereby
off -site removal shall be limited to 10% of the total, up to a maximum of 20,000
cubic yards.
2. All other provisions of said Division 3.5 are applicable.
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section Is to set forth the development commitments for the development of
the Project.
4.2 GENERAL
All facilities shall be constructed in strict accordance with approved Site Development Plans, Final
Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to
this PUD. Except where specifically noted or stated otherwise, the standards and specifications
of Division 3.2 of the 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 assigns, shall follow the Master Plan and the regulations of the
PUD, as adopted, and any other conditions or modifications as may be agreed to In the rezoning
of the property. In addition, any successor or assignee In tide to the Developer is bound by
commitments within this Document.
4.3 PUD MASTER PLAN
a. Exhibit "A ", PUD Master Plan, Illustrates the proposed development and Is conceptual in
nature. Proposed tract, 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 application. Subject to the provisions of Section
2.7.3.5 of the Land Development Code amendments may be made from time to time.
b. All necessary easements, dedications, or other instruments shall be granted to ensure
the continued operation and maintenance of all service utilities and all common areas in
the Project.
4.4 SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET PROVISION
a. The Project is proposed to start construction of Infrastructure in the Fail of 2002. Should
the Project not develop in a single phase. the absorption of the entire Project Is based
upon a mix of office and retail uses and is estimated to take seven to ten years,
b. This Project shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
C. Common areas, including areas devoted to water management facilities will be dedicated
to a common property owners' association, if applicable, for purposes of maintenance
and care.
d. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier
County Land Development Code.
4.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE/REGULATIONS
a. Section 3.2.8.4.16.5 of the Land Development Code
Street right -of way: Roads within the Project will be designed and built as private roads
with no maintenance responsibility by Collier County. These roads shall have a right -of-
way width of 50 feet. Pavement width shall be a minimum of 24 feet for two-way traffic.
7
b. Section 3.5.7.1.2 of the Land Development Code
Internal roads that run parallel to water management lakes or detention areas shall be
located a minimum of 20 feet from the top of bank or control elevation, whichever Is
greater.
C. Section 3.2.8.3.17 of the Land Development Code
In the event of multiple lots within the development, sidewalks will be provided on one
side of internal roadways in order to provide pedestrian access to and from out - parcels.
4.6 TRANSPORTATION
a. All traffic control devices used must be in accordance with the Standards adopted by the
Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter
316 Uniform Traffic Control Law.
b. Arterial level street lighting must be provided at all development points of ingress and
egress. Said lighting must be in place prior to the issuance of the first permanent
Certificate of Occupancy.
C. External and internal improvements determined by Collier County staff to be essential to
the safe ingress and egress to the development will not be considered for impact fee
credits. Said improvements will be in place prior to the issuance of the first Certificate of
Occupancy.
d. Road Impact Fees shall be paid in accordance with Collier County Ordinance 01 -13, as
amended.
e. All median openings and driveway locations must be in accordance with the Land
Development Code (LDC), and Access Management Policy, as amended. Median
access and control will remain under the County's authority. The County reserves the
right to modify or close all median openings that have been determined by Collier County
Staff to have an adverse effect relevant to operational circulation, safety conditions, or
concerns.
f. Nothing in any development order will vest the right of access over and above a right in/
right out condition. Neither will the existence, or lack of a future median opening be the
basis for any future cause of action for damages against the County by the Developer, its
successor in title, or assigns.
g. Interconnection(s) may be required by Collier County Staff, as a condition of site
development plan approval.
h. The Developer shall be responsible for the cost of a traffic signal system at any
development entrance(s), If a traffic signal system is ever determined to be warranted
and approved by the County. If warranted, upon the completion of the Installation,
inspection, bum -in period, and final approval/acceptance of said traffic signal it will be
turned over (for ownership) to Collier County, and will then be operated and maintained
by Collier County Transportation Operations Department.
i. The development will be designed to promote the safe travel of all roadway users
including bicyclists, and will provide for the safety of pedestrians crossing said roadways.
Pedestrian travel ways will be separated from vehicular traffic in accordance with
recognized standards and safe practices, as determined by Collier County Staff.
j. When ingress and egress improvements are determined necessary, right -of -way and
compensating right -of -way will be provided for and in conjunction with said
improvements.
k. All work within Collier County right -of -way will meet the requirements of Collier County -
Ordinance No. 93-64.
I. All internal access ways, drive aisles and roadways, not located within County right -of-
way will be privately maintained by an entity created by the Developer, its successor In
title, or assigns.
M. The points of ingress and/or egress via Pine Ridge Road will be limited to two locations
on the north side of the PUD. The westernmost location shall be limited to a single point
of ingress only (a west approach protected right turn lane). The easternmost location is
limited to a west - approach protected right -turn lane, an east - approach protected
directional left -turn lane, and a south - approach right- turn -only lane from the site. Due to
the limited frontage of the Project, no other access points will be permitted from and onto
Pine Ridge Road.
n. Access onto Livingston Road shall be limited to a single point of ingress and egress near
the southwest corner of the property (full median opening with a south - approach
protected right -turn lane, north - approach protected left -turn lane, and east- approach left -
turn and right -turn lanes from the site). Upon review and approval by the Transportation
Services Administrator of a warrant -study prepared by the Developer for a traffic signal at
the Livingston Road access, an additional Livingston Road point of egress shall be
permitted near the northwest corner of the property (right - turn -only from the site). The
Developer may submit a study, for the review and approval of the Transportation
Services Director, demonstrating that the 860 -foot protected right -turn lane onto
Livingston Road is not needed and may be reconfigured into two protected right-turn
lanes (one protected right -turn lane for Livingston Road at Pine Ridge Road and one
protected right -turn lane near the northernmost egress point from the site).
o. If at any time, the northernmost egress point onto Livingston Road is determined to be
unsafe by the Transportation Services Director, the County shall require the Developer to
close the point of access to ensure the public safety. Each annual PUD Monitoring
Report shall include a detailed Crash Data Report for operational conditions for the
northernmost access point on Livingston Road.
P. The 60 -foot east -west right -of -way depicted on the Master Plan shall be conveyed to
Collier County without further compensation at a time determined by the Transportation
Services Administrator.
4.7 WATER MANAGEMENT
a. In accordance with the Rules of the South Florida Water Management District (SFWMD),
Chapters 40E-4 and 40E -40, this Project shall be designed for a storm event of 3-day
duration and 25 -year return frequency and shall be reviewed and permitted by the
SFWMD unless dedicated to Collier County by SFWMD.
4.8 UTILITIES
a. County water service is available via a 12" water main located along Pine Ridge Road.
The Developer is responsible to tap the main to provide both potable water and fire
fighting capability to the site.
b. County sewer service is available via an 8" force main located along Pine Ridge Road.
The Developer is responsible for providing the necessary connections to supply the site
with County sewer service.
C. All facilities extended to the site and which lie in platted rights -of -way shall be owned and
maintained by the Collier County Water /Sewer District. The facilities, whether owned by
the District or privately owned, shall be reviewed and installed In accordance with the
requirements of Collier County Ordinance No. 97 -17 and all federal, state and other
existing rules and regulations.
4.9 ENGINEERING
a. If the property is subdivided into three or more parcels, a plat shall be required.
b. Work within the Collier County right -of -way shall meet the requirements of Collier County
Right -Of -Way Ordinance No. 93 -64, as amended.
9
4.10 ENVIRONMENTAL
a. An appropriate portion of the native vegetation shall be retained on site as required in
Section 3.9. 5.5.4, of the Collier County Land Development Code. For this site a minimum
of 15 percent of the pre - development native vegetation shall be retained onsite or
revegetated in accordance with said Section 3.9.5.5.4, totaling 1.85 acres.
b. An exotic vegetation, monitoring, and maintenance (exotic -free) plan for the site, with
emphasis on areas of retained native vegetation, shall be submitted to Current Planning
Section Staff for review and approval prior to final site plan/construction plan approval.
4.11 LANDSCAPING FOR OFF - STREET AREAS
All landscaping for off - street parking areas shall be in accordance with the Division 2.4 of the
Collier County Land Development Code in effect at the time of building permit application.
10
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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. 2002 -55
Which was adopted by the Board of County Commissioners on
the 5th day of November, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th day
of November, 2002.
DWIGHT E. BROCR
Clerk of Courts an
Ex- officio to Boar
County Commissionae�
By: Ellie Hoffman, ��03 CCL
Deputy Clerk