HEX Final Decision 2015-42 HEX NO. 2015—42
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20140000640 — Landquest Group, LLC requests an insubstantial
change to Ordinance Number 07-54, the Tree Farm MPUD, as amended, to reduce the
maximum number of residential dwelling units from 425 dwelling units to 281 multi-
family/townhouse or 138 single-family detached units; to reduce the density generated from
the Mixed Use Activity Center Subdistrict from 7.7 to 0 units/acre; to correct a scrivener's
error by changing the density generated from the Urban Residential Subdistrict, Density
Band from 4 to 7 units/acre; to reduce the size of water management areas from 7.2 to 6.4
acres; to reduce the maximum total allowable square footage within the PUD Commercial
Mixed-Use District from 175,000 to 120,000 square feet; to increase the maximum size of
retail or office uses from 43,500 to 100,000 square feet; to add a deviation to permit
residential components of the PUD to have a maximum wall height of 8 feet along the PUD
perimeter and 12 feet along Collier Boulevard; to update various provisions to reflect the
conveyance of a 7.42 acre parcel to Collier County; to amend residential development
standards relating to minimum setbacks; to create a new Recreational Area section with
permitted uses and development standards; to move clubhouse/recreation development
standards from the Residential District section to the new Recreational Area section; to
remove one transportation development commitment; to reduce the number of required
raw water well easements from 2 to 1; to add a utilities development commitment relating
to construction and access to the well easement site; and to amend the Master Plan to
reflect existing PUD conditions and add a new Recreational Area along the northern PUD
boundary, for the PUD property consisting of 58.84± acres located at the intersection of
Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951) in Section 22, Township 48
South, Range 26 East, Collier County, Florida.
DATE OF HEARING: October 22, 2015
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections
10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition is
approved.
ANALYSIS:
No objections were received and no members of the public attended this hearing.
This request provided for a variety of reductions and changes to the previously approved Planned
Unit Development (PUD). The number of total residential dwelling units were reduced, total
maximum commercial square footage was reduced, additional standards were added to the
[15-CPS-01428/1210738/1]196 1 of3
residential/recreational component, and there was a general clean up of the PUD language to
coincide with the overall changes and reflect existing conditions.
Changes and clarifications were requested by the Hearing Examiner and the County Attorney's
office at the meeting and are reflected in the attached Exhibit. The recreational area has been
depicted on the amended Master Plan, and specific development standards for the recreational
area have been added within the existing residential section of the PUD. Deviation#2 was added
to allow berms and walls at various locations along the perimeter of the PUD. The applicant
agreed to add a traffic maximum peak hour trip generation cap consistent with their updated
Traffic Impact Statement (TIS), which is a reduction over their previous trip generation. The
applicant agreed to a minimum buffer, including a six-foot masonry wall, between the
recreational area and any adjacent residential units.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20140000640, filed by Patrick
Vanasse, AICP of RWA, Inc. representing Landquest Group, LLC, with respect to the property
as described in the Tree Farm MPUD, Ordinance No. 07-54, for the following insubstantial
changes:
• to reduce the maximum number of residential dwelling units from 425 dwelling units to
281 multi-family/townhouse or 138 single-family detached units;
• to reduce the density generated from the Mixed Use Activity Center Subdistrict from 7.7
to 0 units per acre;
• to correct a scrivener's error by changing the density generated from the Urban
Residential Subdistrict, Density Band from 4 to 7 units per acre;
• to reduce the size of water management areas from 7.2 to 6.4 acres;
• to reduce the maximum total allowable square footage within the PUD Commercial
Mixed-Use District from 175,000 to 120,000 square feet;
• to add a deviation to permit residential components of the PUD to have a maximum wall
height of 8 feet along the PUD perimeter and 12 feet along Collier Boulevard;
• to update various provisions to reflect the conveyance of a 7.42 acre parcel to Collier
County;
• to amend residential development standards relating to minimum setbacks;
• to depict the Recreational Area on the Master Plan and add development standards
specific to that area;
• to modify the clubhouse/recreation development standards within the Residential section;
• to remove one transportation development commitment;
• to add a trip generation maximum value;
• to reduce the number of required raw water well easements from 2 to 1;
• to add a utilities development commitment relating to construction and access to the well
easement site; and
• to amend the Master Plan to reflect existing PUD conditions and add a location for the
Recreational Area.
Said changes are fully described in the Tree Farm MPUD amendment attached as Exhibit "A",
and are subject to the condition(s) set forth below.
[15-CPS-01428/1210738/1]196 2 of 3
ATTACHMENTS: Exhibit A—MPUD Amendment
LEGAL DESCRIPTION: See Ordinance No. 07-54, the Tree Farm MPUD.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
II
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
!o -2� - 20 [ 6�
�
Date Mar Strain, Hearing Examiner
Appri ed as to fo i and legality:
Scott A. me
Assistant County Attorney
[15-CPS-01428/1210738/1]196 3 of3
Exhibit A to HEX No. 2015-42
Page 1 of 38
TREE FARM MPUD
A
MIXED-USE PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING THE TREE FARM MPUD,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
TREE FARM LAND TRUST
2600 GOLDEN GATE PARKWAY, SUITE 105
NAPLES, FLORIDA 34105 LANDQUEST GROUP
5150 TAMIAMI TRAIL NORTH
NAPLES, FLORIDA 34103
PREPARED BY:
PAYTAA-
1 Xc.
ZL �
CONSNG ENGINEERING
U �LTIZ Z
6610 Willow Park Drive
Suite 200
Naples,Florida 34109
and
GEORGE L. VARNADOE, ESQUIRE
PASSIDOMO, CHEFFY R. JOHNSON, LLP
821 FIFTH AVENUE SOUTH, SUITE 201
NAPLES, FLORIDA 34112R. BRUCE ANDERSON
CHEFFY PASSIDOMO, P.A.
821 5TH AVENUE SOUTH
NAPLES, FLORIDA 34102
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Exhibit A to HEX No. 2015-42
Page 2 of 38
DATE REVIEWED BY CCPC:
DATE REVIEWED BY BCC:
ORDINANCE NUMBER: 07-54
AMENDMENTS AND APPEAL:
EXHIBIT"A"
TABLE OF CONTENTS
LIST OF EXHIBIT AND TABLES
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
SECTION I1 PROJECT DEVELOPMENT REQUIREMENTS
SECTION III COMMERCIAL MIXED-USE DISTRICT(C)
SECTION IV RESIDENTIAL DISTRICT(R)
SECTION V PRESERVE DISTRICT(P)
SECTION VI DEVELOPMENT COMMITMENTS
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Exhibit A to HEX No. 2015-42
Page 3 of 38
LIST OF EXHIBIT AND TABLES
EXHIBIT"A" MPUD MASTER PLAN
EXHIBIT"B" LEGAL DESCRIPTION
EXHIBIT"C" SCHEDULE OF DEVIATIONS
EXHIBIT"D" COMPLIANCE AGREEMENT
TABLE IA FLUE ELIGIBLE DENSITY
TABLE IB MPUD DENSITY
TABLE II PROJECT LAND USE DISTRICTS
TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
TABLE IV DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICT
TABLE V DEVELOPMENT STANDARDS FOR RECREATIONAL AREA
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Exhibit A to HEX No. 2015-42
Page 4 of 38
STATEMENT OF COMPLIANCE
The development of±58.84 acres of property in Collier County, Florida, as a Mixed Use Planned
Unit Development (MPUD) to be known as the Tree Farm MPUD, shall be in compliance with the
goals, objectives, and policies of the Collier County Growth Management Plan (GMP), Land
Development Code (LDC) and other applicable codes and ordinances. The commercial and
residential uses and recreational facilities of the Tree Farm MPUD will be consistent with the
growth policies, land development regulations, and applicable comprehensive planning objectives
of each of the GMP elements for the following reasons:
1. The subject property is 58.84+/- acres in size and is designated Urban on the Future Land
Use Map, with 40.15 acres located within a residential density band of the Urban Mixed Use
District, Urban Residential Subdistrict, and 18.69 acres located within Commercial District,
Mixed Use Activity Center Subdistrict, as identified on FLUM. Consistent with the
provisions of Objective 1 of the Future Land Use Element (FLUE), all uses contemplated
are consistent with these respective designations.
2. Approximately 18.69 acres of the subject property is located within an area identified as
Activity Center#3 in the FLUE of the GMP for Collier County.
3. Activity Centers are the preferred locations for concentration of commercial and mixed use
development activities. The subject property is located on the northwest corner of the
intersection of Immokalee Road and the future Collier Boulevard (C.R. 951) Extension.
This strategic location will allow superior access to the site, and provide an ideal location
for commercial activities. The project is a mixed use development located within, and less
than one mile from, an Activity Center. Therefore, the proposed commercial uses and
residential densities are consistent with the FLUE of the Collier County GMP.
4. The development will be compatible and complimentary to existing and planned
surrounding land uses (Policy 5.4).
5. The project must comply with the provisions of Division 6.02.01, adequate public facilities
requirements of the LDC. Therefore, it will implement, and further Objective 2 of the
FLUE, Objective 8 of the Transportation Element, Objective 1.2 of the Sanity Sewer Sub-
Element.
6. The maximum allowable density as set forth under the FLUE Density Rating System is as
follows:
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Exhibit A to HEX No. 2015-42
Page 5 of 38
FLUE Designation Acres Eligible Base Eligible Total Eligible
+/- Units/Acre Bonus Eligible Gross
Density/Acre Density/Acre Density
Mixed Use Activity 18.69 16 N/A 16 299.04
Center Subdistrict
Urban Residential 40.15 4 3 7 281.05
Subdistrict, Density
Band
Total 58.84 N/A N/A 9.85 580.00*
Table IA: FLUE Eligible Density (* Rounded)
FLUE Designation Acres MPUD Eligible MPUD Gross
+/- Density Density/Acre Density
Units/Acre
Mixed Use Activity 18.69 7.7790.00 16 143.910.00
Center Subdistrict
Urban Residential 40.15 47.00 7 281.05
Subdistrict, Density
Band
Total 58.84 7.22'1.78 9.859.86 /125281.00*
T
able IB: MPUD Density (*Rounded)
7. The MPUD sets forth a maximum density of 125 281 dwelling units (281 multi-
family/single family attached/townhouse or 138 single-family detached units) or 7.221.78
dwelling units per acre. The MPUD requires that a minimum of 15 percent of the density
generated from the Activity Center shall be constructed within the Activity Center portion
of the project. Additionally, the balance of the density accumulated from the Activity
Center acreage shall be located within one third (1/3) of a mile of the Activity Center
boundary. The portion of the project within the The Activity Center shall be: developed at
a human scale; pedestrian-oriented; and, interconnected with the remaining portions of the
project with pedestrian and bicycle facilities.
8. The MPUD has been designed to provide for future vehicular interconnectivity to the west,
and has been designed to provide vehicular, pedestrian and bicycle interconnectivity
throughout the project, including between the commercial and residential components.
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Exhibit A to HEX No. 2015-42
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property proposed to be developed under the project
name of the Tree Farm MPUD.
1.2 LEGAL DESCRIPTION
BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY, FLORIDA.
PARCEL 1:
THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST
QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE
EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR
HIGHWAY RIGHT-OF-WAY.
PARCEL 2:
THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST
QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE
EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT
FOR HIGHWAY RIGHT-OF-WAY.
PARCEL 3:
THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST
QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT-
OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING
THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT-OF-WAY.
COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48
SOUTH, RANGE 26 EAST;
THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (1/4) OF SAID
SECTION 22,
S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED;
THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00°51'06" E., A DISTANCE
OF 1334.40 FEET TO THE EAST QUARTER(1/4) CORNER OF SAID SECTION 22;
THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID
SECTION 22,
S. 00°50'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE
OF A 100 FEET WIDE CANAL RIGHT-OF-WAY;
THENCE LEAVING THE SAID EAST LINE,N. 89°57'31" W., A DISTANCE OF 660.13
FEET ALONG THE SAID NORTH LINE;
THENCE LEAVING THE SAID NORTH LINE, N. 00°44'25" W., A DISTANCE OF
2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER (1/4) LINE OF SAID
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ill
Exhibit A to HEX No. 2015-42
Page 7 of 38
SECTION 22;
THENCE LEAVING THE SAID EAST-WEST QUARTER(1/4) LINE N. 00°45'01" W.,A
DISTANCE OF 1334.03 FEET;
THENCE N. 89°56'17" E., A DISTANCE OF 653.36 FEET TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Thomas S. Monaghan (Tree Farm Land Trust) (Folio: 00187400000, 00187400002, and
00188040005)
Collier County (Folio: 00190041403, 7.42 ac property conveyed fee simple to Collier
County—ORG4413 PG 3834
1.4 DEVELOPER
The Tree Farm property is intended to be developed by the Tree Farm Land Trust or
assignee. All reference to the "developer" as may be contained in this MPUD Document
shall mean the Tree Farm Land Trust, unless, and until the subject property described and
depicted in this MPUD Document is conveyed, or assigned. It is the responsibility of the
Tree Farm Land Trust to notify Collier County, in writing, of the land conveyance, or
assignment of the subject property described and depicted in this MPUD Document within
six months from the actual conveyance, or assignment.
1.5 PHYSICAL DESCRIPTION
The development property is located in Section 22, Township 48 South, Range 26 East,
Collier County. It consists of ±58.84 acres located in the northwest corner of the
intersection of Immokalee Road (CR 846) and the future extension of Collier Boulevard
(C.R. 951). The property was previously used as a tree nursery. Improvements on the
property consist of a small maintenance shed and the property is generally without
topographic relief, with the average elevation at approximately 13 feet above mean sea
level.
The water management system will consist of approximately ±77-26.4 acres of water
management areas that will receive runoff from structures and parking areas. Run-off is
collected by catch basins and culvert systems for conveyance to the project's internal lake
system. The project outfall will be at the project's eastern boundary. Discharge will be into
the Cocohatchee Canal that runs along Immokalee Road. Allowable discharge rates will be
in accordance with applicable County ordinances.
The water management system will be permitted by the South Florida Water Management
District (SFWMD) through the Environmental Resource Permit (ERP) process. All rules
and regulations of SFWMD will be imposed upon this project including, but not limited to:
storm attenuation with a peak discharge rate per Collier County and SFWMD Rules,
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Exhibit A to HEX No. 2015-42
Page 8 of 38
minimum roadway centerline, perimeter berm and finished floor elevations, and water
quality pre-treatment.
1.6 PROJECT DESCRIPTION
The Tree Farm MPUD shall be a mixed-use development. The southern ±18.65 69 acres of
the property, located within Activity Center #3, shall allow for a variety of commercial a+
residential uses. The remainder of the property shall be used for residential development.
The commercial land uses within the Activity Center portion of the property are those
typically associated with major intersections, including, but not limited to, convenience
stores with gas pumps, restaurants, banks, and shopping centers anchored by a major
grocery or retail store(s). The commercial uses and signage will be designed to be
harmonious with one another and will be compatible with adjacent and nearby land uses. In
addition to compliance with all applicable provisions of the LDC, except where deviations
are authorized, compatibility and harmony will be achieved by using common architectural
elements and common entryway signage and landscape design themes.
The amenities proposed to be provided as part of the residential and recreational portion of
the project include, but are not limited to structures (clubhouse), and complimentary areas
(swimming pool, children's playground, and tennis facilities) to provide social and
recreational space, lakes, natural and landscaped open spaces, and a variety of passive
(native preserves) and active recreational opportunities.
Access to the property will be from the future extension of Collier Boulevard (C.R. 951) and
will include an access point off Immokalee Road, when a shared access agreement with the
adjacent property to the west is negotiated. The access from Immokalee Road will be
aligned with the access to the Pebblebrooke Subdivision located south of Immokalee Road,
and across from and to the west of subject property. Access from the future extension of
Collier Boulevard is depicted on the MPUD Master Plan as follows: a right in/right out
access at approximately 660 feet from the Collier Boulevard, Immokalee Road intersection;
a directional median opening at approximately one-quarter (1/4) mile from Collier
Boulevard, Immokalee Road intersection; and a full median opening at approximately one-
half (1/2) mile from the Collier Boulevard, Immokalee Road intersection; and an optional
right in/right out access at approximately three quarter (3/4) mile from the Collier
Boulevard/Immokalee Road intersection. The directional and full median openings will be
aligned with the access points approved for the Heritage Bay DRI, and all access points are
subject to review and approval of Collier County Transportation Services Division.
Additionally, this project has provided adequate land to accommodate the widening of
Immokalee Road and Collier Boulevard, including intersection improvements and the
reconfiguration of the Immokalee canal to facilitate such improvements. Additionally, the
project is designed to provide for adequate land to accommodate the extension of
Immokalee Road, the possibility of an eventual six laning of Collier Boulevard (adjacent to
the project), and for the future widening of Collier Boulevard, including intersection
intersection improvements.
The Tree Farm MPUD will be served with centrally provided potable water, sanitary sewer,
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Exhibit A to HEX No. 2015-42
Page 9 of 38
electric power, and telephone facilities. Additional services will be provided as deemed
appropriate.
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Exhibit A to HEX No. 2015-42
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1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Tree Farm Mixed-Use Planned Unit
Development(MPUD) Ordinance".
THIS SPACE INTENTIONALLY LEFT BLANK
ill
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Exhibit A to HEX No. 2015-42
Page 11 of 38
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to generally describe the project plan of development,
relationships to applicable County ordinances, the respective land use districts within the
Tree Farm MPUD, as well as other project relationships.
2.2 DESCRIPTION OF PROJECT PLAN AND LAND USE DISTRICTS
The project Master Plan, including layout of streets and use of land is graphically illustrated
by Exhibit"A", MPUD Master Plan. There shall be three four land use districts, portions of
which may include water management lakes or facilities, and private rights-of-way or drive
aisles. A breakdown of the Tree Farm MPUD land use districts and their respective
acreages is presented in Table I.
TABLE II
PROJECT LAND USE TRACTS
DISTRICT TYPE ACREAGE
"C/MU" COMMERCIAL MIXED-USE ±18.69*
"R" RESIDENTIAL ±39.6139.19
"RA" RECREATIONAL AREA ±0.45
PRESERVE ±0.51
TOTAL 58.84
* Note: the MPUD provides for a total of 7.42 acres of right-of-way Reservation
conveyance for future extension of Immokalec Road Collier Boulevard, expansion of
Immokalee RoadCollier Boulevard, and improvements to the intersection of these two
arterial roadways. This right-of-way reservation conveyance includes 4.34 acres within
the "C/MU" Commercial Mixed-Use Tract (Activity Center) and 3.08 acres within the
"R"Residential Tract
2.3 MAXIMUM PROJECT DENSITY AND INTENSITY
A. The Commercial Mixed-Use District will be limited to ±18.69 acres within the
designated Activity Center. The Residential District will be limited to ±39.6139.19
acres.
B. Intensity: A maximum of 175,000120 000 square feet of commercial uses may be
constructed within the Commercial Mixed-Use District, of which a maximum of
100,00043,500 square feet may be retail or office and the balance (above
44-375-00100,000 square feet) is limited to office use, as set forth in Section 3.3 of this
MPUD.
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Exhibit A to HEX No. 2015-42
Page 12 of 38
C. Approved Density:
A maximum of 425 281 multi-family/single-family attached/townhouse units or 138
single-family detached residential dwelling units may be constructed in the total
project area. The gross project area is 58.84± acres. The gross project density,
therefore, will be a maximum of 7.22/1.78 dwelling units per acre. A minimum of 15
percent of the density generated from the Activity Center acreage shall be
constructed within the activity center portion of the project. Additionally, the
balance of the density accumulated from the Activity Center acreage shall be located
within one third (1/3) of a mile of the Activity Center boundary. The portion of the
project within the The Activity Center shall be developed at a human scale, be
pedestrian-oriented, and be interconnected with the remaining portion of the project
with pedestrian and bicycle facilities.
2.4 EXISTING STRUCTURES
The existing principal structures within the MPUD boundaries may be retained and utilized
through the construction and platting phases of the development.
2.5 NATIVE VEGETATION RETENTION REQUIREMENTS
A. A minimum of 0.51 acres (25% of the 2.02 acres of native vegetation on site) is
required to be retained or replanted. The Tracts identified as "P," contain 0.51 +/-
acres;and fully satisfying the native vegetation requirements.
B. This MPUD is subject to a Compliance Agreement entered into and made on June 6,
2005 by and between Collier County and the Tree Farm Land Trust, with respect to
vegetation removal on the subject property. This Agreement establishes that 0.51
acres of native preserve shall be provided within the MPUD. A copy of this
Compliance Agreement is attached as Exhibit"D".
2.6 RIGHTS-OF-WAY
At the discretion of the developer, the minimum right-of-way width to be utilized for all
internal project streets may be fifty feet (50'). Deviation #1 from Section 6.06.01(0) of the
LDC Utilization of lands within all project rights-of-way for landscaping, decorative
entranceways, and signage may be allowed subject to review and administrative approval by
the Community Development and Environmental Services Administrator, or his designee,
for engineering and safety considerations prior to installation.
2.7 FENCES AND WALLS
Deviation #2 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall
height of 6' in residential zoning districts and residential components of a PUD, to allow a
maximum wall height of 8' along the perimeter of the PUD, and allow a 12' wall/berm
combination within residential portions of the PUD along Collier Boulevard. The berm
portion of the 12' wall/berm shall be a minimum of 3' in height.
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Exhibit A to HEX No. 2015-42
Page 13 of 38
2772_8 SIGNAGE
A. General
All signs will be provided in accordance with Chapter 5.06.00 of the LDC except in
the following instances.
1. Boundary marker monuments containing project identification signs designed
to identify the project, or any major use within the project, shall be permitted
in locations depicted on the MPUD Master Plan (Exhibit "A"). Said
boundary marker monument shall not exceed 6 feet in height as measured
from finished grade at the location of the boundary marker monument. The
sign face area for such boundary markers shall not exceed 64 square feet in
area and shall not exceed the height or length of the monument on which it is
located. If the sign is two-sided, each sign shall not exceed 64 square feet in
area. Each sign shall only contain the main project name, insignia or motto
of the entire development, and the developer's name and logo. Boundary
marker monuments shall be setback a minimum of 10 feet from any MPUD
perimeter property line. DEVIATION#23
2. One off-premises sign may be located to the west of the Tree Farm MPUD
generally located near the access to Collier Boulevard from the property
immediately adjacent to the west of Tree Farm MPUD. The off-premise sign
may deviate from the maximum 12 square foot size set forth in Section
5.06.04.C.15.b.i., but may not exceed 16 square feet in size, and may also
deviate from Section 5.06.04.C.15.b.v., which requires such off-site signs to
be located within 1000 feet of the intersection of the arterial roadway serving
the building, structure or use. DEVIATION#24
3. Signage, as permitted by the LDC or this MPUD, may be placed within the
right of way reservation tracts with approval from Collier County
Transportation Services Staff, provided that any such signage be removed or
subject sign is located, within 60 days of written request to do so by Collier
County Transportation Services Division. The County shall bear no
responsibility for any costs to remove or relocated such signagc.
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Exhibit A to HEX No. 2015-42
Page 14 of 38
SECTION III
COMMERCIAL MIXED-USE DISTRICT (C/MU)
3.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
District "C/MU", Commercial on Exhibit "A", MPUD Master Plan. The general function
and purpose of this District is to provide the opportunity for diverse types of commercial
activities that deliver goods and services, including entertainment and recreational
attractions, to many segments of the population.
3.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET AND MINIMUM
RESIDENTIAL DEVLOPMENT
The 18.69 ± acre commercial area (District "C"), is limited to a maximum of
175,000120 000 square feet of commercial/office uses, of which a maximum of
1 43,500100,000 square feet may be retail or office and the balance (above 1^, 500100,000
square feet) is limited to office use. A minimum of 5,000 square feet shall be developed
with professional or medical office use. A minimum of 15 percent of the density generated
District, and the balance of the density generated from the Activity Center acreage may be
developed within 1/3 mile of the Activity Center boundary. No more that 50% of the
allowable commercial square footage may be developed prior to the development of at least
one half of the minimum required dwelling units within the Activity Center, and no more
that 75% of the maximum allowable commercial square footage may be developed prior to
the development of the remaining 50% of the minimum required residential dwelling units
within the Activity Center.
3.3 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. Group 0742 — Veterinary services for animal specialties (except outdoor
kennel)
2. Establishments furnishing point-to-point communications services as outlined
under Major Group 48 in the Standard Industrial Classification Manual; no
communication towers are permitted.
3. Group 5231 —Paint glass, and wallpaper stores;
4. Group 5251 —Hardware stores;
Reference Executive Office of the President,Office of Management and Budget,Standard Industrial Classification Manual, 1987
Edition.
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Exhibit A to HEX No. 2015-42
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5. Group 5261 —Retail nurseries, lawn and garden supply stores;
6. Major Group 53 —General merchandise stores.
7. Major Group 54 - Food stores.
8. Group 5531 — Auto and home supply stores, not including any installation
facility;
9. Group 5541 —Gasoline stations, not including service facilities;
10. Group 7542—Carwashes only.
11. Industry Group 555 —Boat dealers.
12. Major Group 56—Apparel and accessory stores.
13. Major Group 57—Home furniture, furnishings, and equipment stores.
14. Major Group 58—Eating and drinking places.
15. Major Group 59 — Miscellaneous Retail. Industry Group Numbers: 596 —
nonstore retailers; 598—and not including retail sale of fireworks.
16. Major Groups 60, excluding 6099 check cashing agencies, 61, 62, 63, 64, 65,
and 67 in the Standard Industrial Classification Manual.
17. Group 7011 — Hotels and motels. The maximum floor area ratio for hotels
shall not exceed a factor of 0.60.
18 Establishments operating primarily to provide personal services for the
following Industry groups:
a. 721 — Laundry, cleaning, and garment services, only including Group
7211 — power laundries, family and commercial, Group 7215 —
Coin-operated laundries and dry-cleaning, and Group 7217 —
carpet and upholstery cleaning;
b. 722—Photographic portrait studios;
c. 723 —Beauty shops
d. 724—Barber shops;
e. 725 —Shoe repair shops and shoeshine parlors;
f. 729 — Miscellaneous personal services, only including Group 7291
Tax return preparation services, and Group 7299 personal services,
not elsewhere classified, 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.
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Exhibit A to HEX No. 2015-42
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19. Establishments operating primarily to provide business services for the
following Industry Groups:
a. 731 — Advertising, not including Group 7312 outdoor advertising
services agencies;
b. 733 — Mailing, reproduction, commercial art and photography, and
stenographic services;
c. 735 —Group 7352—medical equipment rental and leasing;
d. 737 — Computer programming, data processing, and other computer
related services, not including Group 7371 — computer programming
services.
20. Establishments primarily engaged in developing film and in making
photographic prints and enlargements for the trade or for the general public,
only including Group 7384, photofinishing laboratories.
21. Group 7513 — Truck rental and leasing, without drivers; Group 7514 —
passenger car rental; Group 7515 — passenger car leasing; and Group 7519 —
utility trailer and recreational vehicle rental.
22. Group 7631 — Watch, clock, and jewelry repair, and Group 7699 — repair
shops and related services, not elsewhere classified.
23. Group 7832 — Motion picture theaters, except drive-in, and Group 7841 —
video tape rental.
24. Major Group 79 — Amusement and recreation services, for the following
industry numbers:
a. Group 7911 —Dance studios, schools and halls
b. Group 7922 — Theatrical producers (except motion picture) and
Group miscellaneous theatrical services
c. Group 7941 —Professional sports clubs and promoters, only including
managers of individual professional athletes, and promoters of sports
events.
d. Group 7991 —Physical fitness facilities
e. Group 7999 — Amusement and recreation services, not elsewhere
classified, to include moped rental, motorcycle rental, rental of
bicycles, schools and camps-sports instructional, scuba and skin
diving instruction, sporting goods rental only.
25. Major Group 80—Health services for the following industry groups:
a. 801 —Offices and clinics of doctors of medicine;
b. 802—Offices and clinics of dentists;
c. 803 —Offices and clinics of doctors of osteopathy;
d. 804—Offices and clinics of other health practitioners.
26. Major Group 807 — Medical and dental laboratories for the following
industry numbers:
a. Group 8071 —Medical laboratories;
b. Group 8072—Dental laboratories.
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Exhibit A to HEX No. 2015-42
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27. Establishments operating primarily to provide legal services as defined under
Major Group 81.
28. Group 8231 —Libraries.
29. Membership organizations engaged in promoting the interests of their member
as defined under Major Group 86.
30. Establishment operating primarily to provide engineering, accounting, research,
and management for the following Industry Numbers:
a. Group 8711 —Engineering services
b. Group 8712—Architectural services
c. Group 8713—Surveying services
d. Group 8721 —Accounting, auditing and bookkeeping services
e. Group 8732 — Commercial economic, sociological, and educational
research
f. Group 8741 —Management services
g. Group 8742—Management consulting services
h. Group 8743—Public relations services
i. Group 8748—Business consulting services.
31. Offices of government as defined under Major Group 91 — Executive,
legislative, and general government, except finance.
32. Residential multi-family dwelling units, whether in a free standing residential
building or located in a mixed commercial and residential building. Mixed use
buildings shall adhere to the development standards set forth in Table III below.
Residential units shall not be located on the first floor of a mixed use building,
and shall be subject to a minimum per unit floor area of 1,000 square feet.
Residential buildings with no commercial component shall adhere to the
development standards set forth in Table IV.
B. Accessory Uses
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
1. Parking facilities and signage.
2. Uses and structures that are accessory and incidental to the permitted uses
within this MPUD Document.
3. One caretaker's residence.
3.4 DEVELOPMENT STANDARDS
A. Table III below sets forth the development standards for land uses within the Tree Farm
MPUD Commercial District. Standards not specified herein shall be those specified in
applicable sections of the LDC in effect as of the date of adoption of this Ordinance.
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Exhibit A to HEX No. 2015-42
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TABLE III
DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 sq.ft. N/A
AVERAGE LOT WIDTH 100 ft. N/A
MINIMUM YARDS External
From Immokalee Road Canal ROW 25 ft. SPS
From Future Extension of Collier Blvd. 25 ft. SPS
From Western Pro'ect Bounda 25 ft. 15 ft.
MINIMUM YARDS Internal
Internal Drives/ROW 15 ft. 10 ft.
Rear 10 ft, 10 ft.
Side lO ft. lO ft.
Lakes 25 ft. 20 ft.*
Preserves 25 ft. 10 ft.
10 ft. or 1/2 the sum o 10 ft,
MIN.DISTANCE BETWEEN STRUCTURES building heights**
MAXIMUM HEIGHT
Retail Buildin!s with or without residential uses 50 ft. ZERIIIIII35 ft.
Office Buildin!s with or without residential uses 65 ft. ITIMMI1135 ft.
MINIMUM FLOOR AREA 1,000 sq.ft.**** N/A
MAX.GROSS LEASABLE COMMERCIAL AREA 175,000120,000 sq. ft,***** N/A
* No structure may be located closer than 20 feet to the top of bank of a lake (allowing for the required
minimum 20 foot wide lake maintenance easement).
** Whichever is greater.
*** This is an estimate of Actual Height given the LDC definition thereof, and the following facts and
assumptions: a) the property is not located within a flood zone; b) the Actual Height set forth above
assumes a maximum of 3 feet of vertical feet in distance from existing ground elevation to the average
treatments above the maximum Zoned Height limit; and c)the Actual Height cannot be fully ascertained
until an applicable Site Development Plan is submitted.
**** Per principal structure, 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 be subject to the
accessory structure standards set forth in the LDC.
***** Total allowable commercial square footage is 1000120,000 square feet; however no more than
113,500100 000 may be retail or office and the balance,above 4437500100,000 square feet, if developed,
shall be office.
SECTION IV
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Exhibit A to HEX No. 2015-42
Page 19 of 38
RESIDENTIAL DISTRICT (R)
4.1 PURPOSE
The purpose of this section is to identify specific development standards for areas
designated as "R" on the MPUD Master Plan, Exhibit "A". Residential uses, infrastructure,
perimeter land use buffers, and signage, as well as project recreational/social facilities will
occur within this District.
4.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the MPUD shall be
established at the time of development plan review, but shall not exceed 42 -281 multi-
family/single-family attached/townhouse residential dwelling units or 138 single-family
detached units. Since 15% of the density generated from the Activity Center acreage are
required to be developed within the Commercial Mixed Use District, and the remaining density
generated from the Activity Center acreage must be developed within 1/3 mile of the Activity
Center boundary (as depicted on Exhibit A, the MPUD Master Plan), the remainder of the
dtivelling units may be developed north of the line on the MPUD demarcating the 1/3 mile
distance from the Activity Center boundary. For the purpose of calculating the project
density, 4 assisted living facilities (ALF) units shall constitute 1 residential dwelling unit and
the maximum number of ALF units shall not exceed 150 units.
4.3 USES PERMITTED
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 attached dwellings (including townhouses intended for fee simple
conveyance);
2. Zero lot line dwellings;
3. Single-family detached dwellings;
4. Duplexes, two-family dwellings;
5. Multiple-family dwellings;
6. ALF with ancillary medical uses and personal services for residents and their
guests, including but not limited to, beauty salon, bank, pharmacy and
convenience store. (Such ancillary medical or personal service uses shall only be
accessed from inside the ALF (no exterior access), and shall not exceed 2,000
squarc feet in aggregate. No external signage or advertising shall be permitted in
support of these ancillary medical or personal service uses.
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Exhibit A to HEX No. 2015-42
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B. Accessory Uses:
1. Customary accessory uses and structures including, but not limited to
clubhouses, private garages, swimming pools with, or without and screened
enclosures, tennis courts, tot lots, playgrounds and other outdoor recreation
facilities.
4.4 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below 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.
B. Minimum Residential Density within Activity Center: A minimum of 15 percent of
the density generated from the Activity Center shall be constructed within the 18.69
acre Mixed Use Activity Center portion of the project, and the balance of the density
accumulated from the Activity Center may be developed within 1/3 mile of the
northern boundary of the Activity Center, or within the Activity Center.
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TABLE IV
RESIDENTIAL DEVELOPMENT STANDARDS
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Exhibit A to HEX No. 2015-42
Page 21 of 38
DEVELOPMENT
STANDARDS SINGLE- TWO-FAMILY,
SINGLE- FAMILY PATIO'•2&
FAMILY ATTACHED& ZERO LOT MULTI RECREATION
DETACHED TOWNHOUSE LINE FAMILY BUILDINGS`
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 2,250 S.F. 10,000 S.F. 10,000 S.F.
PER UNIT PER UNIT PER UNIT
MINIMUM LOT WIDTH 35 FEET 20 FEET 35 FEET 100 FEET NA
MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F/D.U. N/4
MIN FRONT YARD'" 15 FEET 15 FEET 15 FEET 15 FEET N/4
MIN SIDE YARD 56 FEET 0 FEET or 0 FEET or -13-10 FEET N/A
65 FEET 56 FEET
MIN REAR YARD 447.5 FEET 447.5 FEET 43-7.5 FEET 20 FEET N/A
MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET
MIN.DIST.
BETWEEN STRUCTURES 4-2-10 FEET 12-10 FEET 42-10 FEET 20 FEET or N/A
V2 ZONED BH,
WHICIHEVER
IS GREATER
MAX.ZONED HEIGHT 2 STORIES NTE 2 STORIES NTE 2 STORIES NTE 3 STORIES NTE 2 STORIES NTE
42 FEET 42 FEET 42 FEET 50 FEET 50 FEET
ACTUAL HEIGHT s 54 FEET 54 FEET 54 FEET 62 FEET 62 FEET
ACCESSORY STRUCTURES
FRONT 10 FEET 10 FEET 10 FEET 10 FEET N/A
SIDE 5 FEET 5 FEET 5 FEET 5 FEET N/A
REAR 5 FEET 5 FEET 5 FEET 5 FEET N/A
PRESERVE SETBACK' 10 FEET 10 FEET 10 FEET 10 FEET N/A
MAX.BLDG.HT. SPS SPS SPS 3 STORIES NTE 2 STORIES NTE
NOT TO EXCEED 42 FEET 12 FEET
S.P.S.: Same as Principal Structures.
NTE:Not To Exceed
BH:Building Height
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Exhibit A to HEX No. 2015-42
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General Notes:
Front yards shall be measured as follows: If the parcel is served by a public or private 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 (f curbed) or edge of pavement (f not
curbed).
Setback from lake easements for all accessory uses and structures may be zero feet(0).
No structure, other than those permitted within the LDC to be located within a required landscape buffer tract or
easement,shall encroach into a required landscape buffer tract or easement.
Footnotes
1) A patio home is a detached or semi-detached single-family unit from ground to roof wherein each dwelling
unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the
wall.
2) Setback may be either zero feet (0') on one side and six fcct (6')five feet (5') on the other side in order to
provide a minimum separation between principal structures of twclve—ten feet (424g.9. At the time of
application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and
building footprint shall be submitted.
3) Front loading garages shall have a minimum front yard setback of twenty-three feet(23'), as measured from
the back of sidewalk. Side loaded garages may be located less than twenty-three feet (23')feet from the
back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with
or block the sidewalk. These provisions apply to a garage whether attached to the principal structure or
detached.
5)
4) For corner lots, only one (1)front yard setback shall be required. The yard that does not contain the
driveway shall provide a 10'setback.
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Exhibit A to HEX No. 2015-42
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4.5 PERMITTED USES FOR RECREATIONAL AREA, LABELED "RA" ON MASTER
PLAN
A. Principal Uses:
1. Clubhouse, gazebo, or other structures intended to provide social and
recreational space for the private use of the residents and their guests.
2. Outdoor recreation facilities, such as a community swimming pool, tennis and
basketball courts, playgrounds, pedestrian/bicycle pathways, and water features.
3. Passive open space uses and structures, such as but not limited to landscaped
areas, gazebos, and park benches.
4. Any other principal use which is comparable in the nature with the foregoing list
of permitted principal uses, as determined by the Board of Zoning Appeals
("BZA") or Hearing Examiner, as applicable.
B. Accessory Uses:
I. Community maintenance areas, and maintenance structures.
2. Any other accessory use which is comparable in nature with the foregoing list of
permitted accessory uses, as determined by the Board of Zoning Appeals
("BZA") or Hearing Examiner, as applicable.
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Exhibit A to HEX No. 2015-42
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TABLE V
RECREATIONAL AREA DEVELOPMENT STANDARDS
DEVELOPMENT STANDARDS RECREATIONAL
AREA
PRINCIPAL STUCTURES
MINIMUM LOT AREA 10.000 S.F.
MINIMUM LOT WIDTH N/A
MINIMUM FLOOR AREA N/A
MIN.FRONT YARD
25'
MIN PRESERVE SETBACK 25 FEET
MIN.SIDE YARD
25'
MIN.REAR YARD
25'
MIN.DISTANCE BETWEEN 20'
STRUCTURES
MAX. ZONED HEIGHT 2 STORIES NTE
50 FEET
MAX.ACTUAL HEIGHT 62 FEET
ACCESSORY STRUCTURES
MIN.FRONT YARD 15'
MIN.SIDE YARD 15'
MIN.REAR YARD
15'
PRESERVE SETBACK 25'
MAX. BUILDING HEIGHT 2 STORIES NTE
NOT TO EXCEED 42 FEET
NTE:Not to exceed
Note: Where the Recreational Area abuts residential lots,the required 15' Type B buffer
shall include a 6' wall.
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Exhibit A to HEX No. 2015-42
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Exhibit A to HEX No. 2015-42
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SECTION V
PRESERVE AREA(P)
5.1 PURPOSE
The purpose of this section is to set forth the development plan for areas designated as
District "P", Preserve Area on Exhibit "A", MPUD Master Plan. The primary function and
purpose of this District is to preserve and protect vegetation and naturally functioning
habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state.
5.2 USES PERMITTED
A. Principal Uses:
1. Open spaces/nature preserves.
B. Accessory Uses:
1. Water management structures.
2. Mitigation areas.
3. Passive recreational uses such as pervious nature trails or boardwalks shall be
allowed within the preserve areas, as long as any clearing required to facilitate
these uses does not impact the minimum required vegetation. For the purpose of
this Section, passive recreational uses are those uses that would allow limited
access to the preserve in a manner that will not cause any negative impacts to the
preserve, such as pervious pathways, benches and educational signs. Fences may
be utilized outside of the preserve to provide protection of the preserve in
accordance with the applicable requirements set forth in the LDC. Fences and
walls shall not be permitted within the preserve area. Perimeter berms and
swales shall be located outside preserve boundaries.
C. The .51 acre preserve tract depicted on the MPUD Master Plan shall be re-vegetated
in compliance with MPUD Exhibit "D", Compliance Agreement, and in accordance
with the applicable provisions of the LDC.
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Exhibit A to HEX No. 2015-42
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SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
6.2 GENERAL
All facilities shall be constructed in accordance with SDP, subdivision plans (if required),
and all applicable State and local laws, codes, and regulations applicable to this MPUD.
Except where specifically noted or stated otherwise, the standards and specifications of the
LDC shall apply to this project, even if the land within the MPUD is not to be platted. The
developer, its successors and assigns, shall be responsible for the commitments outlined in
this Document.
The developer, its successors or assignee, shall follow the Master Development Plan and the
regulations of the MPUD, as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successors or assignee in title to
the developer are bound by any commitments within this Document. These commitments
may be assigned or delegated to a condominium/ homeowners' association to be created by
the developer. Upon assignment or delegation, the developer shall be released from
responsibility for the commitments.
6.3 TRANSPORTATION
The development of this MPUD Master Development Plan shall be subject to and governed
by the following conditions:
A, •- : ..: , . , .. , : •- - -- --
adjacent developments shall be operated and maintained by an entity created by the
developer and Collier County ssa11 haw c ►3e-respe sibility for maintenance of any
such facilities.
AB.. If any required turn lane improvement requires the use of existing County rights-of-
way or easements, compensating right-of-way shall be provided without cost to
Collier County as a consequence of such improvement.
GB. If, in the sole opinion of Collier County, a traffic signal, or other traffic control
device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the fair share cost of such improvement
shall be borne by the developer.
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DC. The applicant shall reserve rights-of-way for the future Collier Boulevard extension
and Immokalee Road expansion and intersection improvements as depicted on the
MPUD Master Plan (Right-of-way Reservations Tracts A, B, and C,totaling 7.42+/-
acres). The applicant shall receive impact fee credits in exchange for Right-of-way
Reservation Tract B (0.47 acres), but shall not receive impact fee credits for the
reservation and eventual dedication of Right-of-way Reservation Tracts A and C.
The applicant shall convey by deed, in fee simple, at no cost to the County (other
than the aforementioned impact fee credits for Tract B) all lands reserved as depicted
on the MPUD Master Plan (as noted herein) within 90 days of written request of the
County.
D. The applicant shall construct a twelve foot (12') asphalt greenway within the
Immokalee Road canal right-of-way, or within the adjacent right-of-way reservation
area, at the discretion of the Collier County Transportation Services Division. The
greenway shall be located on the north side of the canal and shall connect to the
greenway that Collier County is constructing to the west of the Tree Farm MPUD
property. The developer shall provide five (5) parking spaces for public use in close
proximity to and accessible from the greenway. These parking spaces may be
located within the Commercial Tract, and may be located within the Right-of-way
Reservation Tract "A" on a temporary or permanent basis, with approval from
Collier County Transportation Services Division. The greenway shall be constructed
prior to the issuance of the first certificate of occupancy (CO)within the MPUD.
FE. The applicant shall design the project stormwater management system so as to accept
and treat stormwater from fifty percent (50%) of the impervious area of proposed
extension of Collier Boulevard adjacent to the Tree Farm MPUD, in accordance with
South Florida Water Management District permitting requirements.
CF. The applicant shall be responsible for fair share costs of improvements to the
Immokalee Road/Collier Boulevard intersection, including bridge replacement
and/or widening as may be necessary to construct a minimum of two north and two
southbound through lanes as well as necessary turn lanes
I4G. The applicant shall ensure that any easements necessary to facilitate interconnections
to properties to the west as shown on the MPUD Master Plan shall be granted by the
appropriate instrument(s) at the time of submittal of the first development order
application.
1H. No certificate of occupancy (CO) for development within the Tree Farm MPUD
will be issued until 6 laning of the following roadway segments has been
substantially completed(that is fully open to traffic):
1. Immokalee Road from Collier Boulevard west to I-75
2. Immokalee Road from Collier Boulevard East to 4-PI Avenue N.W.Oil Well
Road
3. Collier Boulevard from Immokalee Road south to Golden Gate Boulevard.
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141. Should it become necessary or desirable to construct a wall to mitigate the impacts
of noise from Collier Boulevard or Immokalee Road, the developer owner successor
or assignee shall be responsible for the costs of designing and installing said wall or
walls for the portion adjacent to the project boundary.
J. The Tree Farm MPUD TIS was based on a development scenario that assumed a
variety of commercial uses and a maximum of 281 multi-family units. The total trip
generation was estimated in the TIS to be 580 PM peak hour two-way external trips
to adjacent streets based on ITE trip generation rates. The development scenario
analyzed in the T1S may change. However, the Project's estimated trip generation
will not exceed a maximum of 580 PM peak hour two-way external trips to adjacent
streets.
6.4 UTILITIES
The development of this MPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. The developer shall reserve two one (1) areas to be granted as an easements to
Collier County for a raw water wells. The dimensions of these this well easements
shall not to exceed 100 feet by 100 feetbe at a maximum 80 feet by 50 feet. The
approximate location of thisthese well easements is depicted on the MPUD Master
Plan. The northerly raw water well easement site is located at the northeastern
corner of the MPUD, and can be accessed from Immokalee Road ExtensionCollier
Boulevard Extension. There are two possible locations for the southerly raw water
south of the "P" Preserve Tract, and is adjacent to an internal drive which, if
- - -:, - •• -- -- - y access and utility easements. Option B is located
at the southeast corner of the project and is located adjacent to Right of way
The grant of these this easements shall occur at the time of site development plan or
final plat approval for the area within the development phase that contains the
respective well easement sites. At the time of the site development plan and/or final
plat submittal, the developer shall provide the well site easement that meets the
standard setback requirements for water wells. The developer shall also provide a
Collier County Utilities Division require access to the well sites prior to the grant of
said right of way to Collier County.
6.5 ENVIRONMENTAL
A. The development shall 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".
A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental
Text underlined is added,Text is deleted. TREE FARM MPUD PL20140000640 311ly 44 October 23,2015
29 of 30
Exhibit A to HEX No. 2015-42
Page 30 of 38
Services Staff for review and approval prior to site plan/construction plan approval.
Where protected species are observed on site, a Habitat Management Plan for those
protected species, or their habitats shall be submitted to Environmental Services
Staff for review and approval prior to site plan/construction plan approval.
6.6 AFFORDABLE-WORKFORCE HOUSING:
A. The applicant shall provide 15% of the total units built in the project in the
affordable housing price range or workforce housing, i.e., for those who earn up to
150% of the median income as calculated annually using the Collier County median
income figure for a family of four as determined by the United States Housing and
Urban Development Department (HUD). The applicant will use the most current
median income figure as defined above at the time of sale to determine if that unit
falls into the 150% median income or below. Currently, that would allow a sales
price of up to $321,000. The applicant will provide verification of the sales prices to
Collier County's Housing and Human Services Department. The form of
verification shall be determined between the applicant and the Collier County
Housing and Human Services Division.
E. -- . :: • : - ; . . ontributions to the Collier County Affordable
Housing Trust Fund of $1,000 per dwelling unit and $0.50 per commercial square
foot built in the project.
THIS SPACE INTENTIONALLY LEFT BLANK
Text underlined is added,Text stfuelt-ttifeutik is deleted. TREE FARM MPUD PL20140000640 3t 1y-24 October 23,2015
30 of 30
Exhibit A to HEX No. 2015-42
Page 31 of 38
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