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Ordinance 2004-35 ORDINANCE NO. 04 - 35 ¡-, ..., AN ORDINANCE AMENDING ORDINANCE NUMBER 91- ; 102 OF THE COLLIER COUNTY LAND DEVELOPMENT ~. CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES TO "CPUD" COMMERCIAL PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE COLONADES AT SANTA BARBARA PUD, WHICH IS LOCATED AT THE NORTHWEST CORNER OF GOLDEN GATE PARKWAY AND SANTA BARBARA BOULEVARD, IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 6.83± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. ~. 1 ('"-¡' ~~ ~.;; L.ï WHEREAS, Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., representing Colonnade Medical Park, LLC, in Petition Number PUDZ-2003-AR-4332, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 29, Township 49 South, Range 26 East, Collier County, Florida, is changed from "E" Estates to "CPUD" Commercial Planned Unit Development in accordance with the Colonades at Santa Barbara PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Zoning Atlas map or maps, 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 Commissioners of Collier County, Florida, this ';¡~day of fh~ ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . BY: ¡p~ dd DONNA FIALA, CHAIRMAN Approved as to Fonn and Legal Sufficiency \?~,t~ Patrick G. White Assistant County Attorney This ordinonce filed with the ~~etory of ~te's Off~~&}r¡:, ~ doy of, nf, :t. ond ocknowledgeme g+ that fjfjn eceived this day of ¿ C.(. Attachment: Exhibit A PUD Document COLONADES AT SANTA BARBARA A COMMERCIAL PLANNED UNIT DEVELOPMENT PREPARED FOR Colonnade Medical Park, LLC 9240 Bonita Beach Road Suite 2206 Bonita Springs, Florida 34135 JUNE 2003 Exhibit" A" Cì:\Currem\DcsclemWUD RC/oncs\Colonadcs (a' Santa Barhara PUI). AR·4.1,12\PUD documenl.s\revisc:d rer Bce S<"!S-04.dOl.: COLONADESATSANTABARBARA A COl\1MERCIAL PLANNED UNIT DEVELOPMENT 6.83± Acres Located in Section 29 Township 49 South, Range 26 East Collier County, Florida PREPARED FOR: Colonnade Medical Park, LLC 9240 Bonita Beach Road, Suite 2206 Bonita Springs, Florida 34135 PREPARED BY: Goodlette, Coleman and Johnson, P.A. 4001 Tarniarni Trail North Suite 300 Naples, Florida 34103 And Q. Grady Minor & Assoc. PA 3800 Via Del Rey Bonita Springs, Florida 34134 DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC 6 - ~S-ð'-l ORDINANCE NUMBER :JDo'l· 3.3 (ì:\Currcm\1 k~t'h:'m\PU ) Rl'/on~'s\C diJnaol'S (0' SalHa Barhara PLID. ^R-41~2\PL: ) lÍocumcnts\revÎscd per Bee 5-25-04.lÍoc TABLE OF CONTENTS PAGE LIST OF EXHffiITS AND TABLE STATEMENT OF COMPLIANCE SHORT TITLE II IV SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION PROJECT DEVELOPMENT I-I SECTION II 2-1 2.1 Purpose 2.2 General Description of the Project and Proposed Land Uses 2.3 Compliance with County Ordinances 2.4 Land Use Summary 2.5 Use of Right-of-Way 2.6 Sales Office and Construction Office 2.7 Changes and Amendments to CPUD Document or CPUD Master Plan 2.8 Preliminary Subdivision Plat Phasing 2.9 Open Space and Native Vegetation Retention Requirements 2.10 Surface Water Management 2.11 Environmental 2.12 Utilities 2.13 Transportation 2.14 Common Area Maintenance 2.15 Design Guidelines and Standards 2.16 Landscape Buffers, Berms, Fences and Walls 2.17 Signage 2.18 General Permitted Uses 2.19 Deviations and Substitutions SECTION III OFFICE DISTRICT 3-1 3.1 Purpose 3.2 General Description 3.3 Permitted Uses and Sections 3.4 Development Standards SECTION IV PRESERVE DISTRICT 4-1 4.1 Purpose 4.2 General Description 4.3 Uses Permitted 4.4 Development Standards SECTION V DEVELOPMENT COMMITMENT 5-1 5.1 Purpose 5.2 General 5.3 CPUD Master Development Plan G:\Current\DeselL'm\PLTD R(,l.onL's\Colonad~s (a: Santa Barhara pun. AH.-4~J2\PU ) ¡.hH..:um1.'nL.I;\rl..'\'lseO fll..'f Bee 5-2."i.04.doc .-..-.------^ LIST OF EXHIBITS AND TABLES EXHIBIT A-I EXHIBIT B EXHIBIT C EXHIBIT D Conceptual CPUD Master Plan and Surface Water Management Plan Boundary Survey Location map Legal Description (ì:\CurrL'nt\lk.'iL'h:m\l'lï) Rl·wnL'....\Colonadö ((:' SantJ Barhara Pl iD. AH-'¡-;:,,2\Pl!n d(Jl"UmL'nts\n.'vised per Bce 5-25-j)'¡.doc STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Heartbeat Cardiac Services, Incorporated, hereinafter referred to as the Developer, to create a Commercial Planned Unit Development (CPUD) on 6.83± acres of land located in Section 29, Township 49 South, Range 26 East, Collier County, Florida. The name of this Commercial Planned Unit Development shall be Colonades at Santa Barbara CPUD. The development of this site will comply with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted there under of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Golden Gate Commercial Infill Sub-district as identified in the Golden Gate Area Master Plan and on the Future Land Use Map. In addition to other uses allowed by the Plan, this District is intended to accommodate a mix of general and medical office uses on this infill parcel, and contains development intensity standards to insure that development is compatible with surrounding residential and commercial land uses. The development of the property is also located within the corridor management overlay district and is subject to the provisions of Section 2.2.21 of the LDC, unless modified herein. 2. Colonades at Santa Barbara CPUD is compatible with and complementary to existing and zoned future land uses surrounding the project as required in Policy 5.4 of the FLUE. 3. Site and building improvements will be in compliance with applicable land development regulations and development regulations specified herein. 4. The development of Colonades at Santa Barbara CPUD will result in a well-designed office project, through coordinated and regulated signage, building design, vehicular and pedestrian access, and landscaping and will further the intent of Policies 3.1.E and F of the FLUE. 5. The development of Colonades at Santa Barbara CPUD will be designed in a manner consistent with Objective 7, Policies 7.1, 7.2, 7.3 and 7.5 of the Transportation Element of the Growth Management Plan, which address access management, on-site traffic and pedestrian circulation, and compliance with the Collier County Streetscape Master Plan. 6. The development of Colonades at Santa Barbara CPUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 G of the Future Land Use Element. 7. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. 8. Colonades at Santa Barbara CPUD has received a waiver from the historical/archaeological survey and assessment requirements of Section 2.2.25.3.10 of the Land Development Code due to the site's location in a low potential area for containing historical/archaeological (j;\CUITem\DL'sdcm\Pl'D RczonL's\Colonaues (a' Santa Barhara PC ). ^R~~.ll,~\PLi ) dOŒl11l'ms\rL'\'iscd per Bce ¿;;·~)-1)4Jt)(; 11 artifacts. The developer will comply with Section 2.2.25.8.2 of the Land Development Code should accidental discovery of any historic or archaeological site, significant artifact, or other indicator occur during site development or building construction. (ì:\Currcnt\J)L'selL'm\PL' ) R.t:wnes\Co!onadl's (n' Santa Barhara PUD. AR-4332\PUD dOí.:umcnt.s\rcviscd rer BCe S-2S-04.doc III SHORT TITLE This ordinance shall be known and cited as the "COLONADES AT SANTA BARBARA COMMERCIAL PLANNED UNIT DEVELOPMENT ORDINANCE." (i:\Currcm\1 >esclcm\J>tJD Rc/Ones\Colonades (a' Sama Barham Pl.-D. AR--rn.2\Plr ) ú\)l'lIml'ms\n.'\'L,~d f"Jt..'r BCe 5-2)-04.do-.: 1 V SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to ~et forth the legal description and ownership of Colonades at Santa Barbara CPUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Please refer to Exhibit "D". 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Colonnade Medical Park, LLC, a Florida Corporation, or its assigns, whose address is 9240 Bonita Beach Road, Suite 2206, Bonita Springs, Florida 34135. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 29, Township 49 South, Range 26 East, and is generally bordered on the east by Santa Barbara Boulevard, to the south by Golden Gate Parkway, to the west and north by developed estates zoned property. B. The zoning classification of the subject property at the time of CPUD application is E, Estates and is located within the Corridor Management Overlay, which applies to projects along Golden Gate Parkway. C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Finn Map Panels No. 1200670415D, dated June 3, 1986, the Colonades at Santa Barbara CPUD property is located within Zone "X" of the FEMA flood insurance rate map. D. Prior to development, vegetation on the site primarily consists of low quality pine flatwoods, xeric oak, and palmetto prairie vegetation. Habitats of the site also been invaded by exotic plant species, including Brazilian pepper, melaleuca, and downy rose myrtle. (ì:\Currl'nt\lxSl.'k·m\PUn Rounes'\Co]onadð (a' Santa Barhara pun. AI<+..r~_l2\Pl¡n dOl:um~nts\rL'\'isL'd per Bee 5-25-04.doc 1-2 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Colonades at Santa Barbara CPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PROJECT AND PROPOSED LAND USES A. Colonades at Santa Barbara CPUD is a 6.836-acre mixed office development oriented to serve surrounding residential areas within a convenient travel distance, which will consist of medical and professional offices. Of the gross 6.83± acres, 2.03± acres is encumbered as a right-of-way easement for Santa Barbara Boulevard and Golden Gate Parkway. The developable area excluding rights-of-way is 4.8± acres. Collier County has proposed to acquire an additional .65± acre for road right of way purposes. The net developable area outside of those areas proposed for right- of-way is 4.15± acres. B. The CPUD Master Plan is illustrated graphically on Exhibit A-I. A Land Use Summary indicating approximate land use acreage is shown on the plan. The location, size, and configuration of the buildings shall be detennined at the time of County development approvals in accordance with the Collier County Land Development Code (LDC). C. The Project shall contain a maximum of 35,000 square feet of gross leasable area for mixed office uses. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Colonades at Santa Barbara CPUD shall be in accordance with the contents of this CPUD Ordinance, and to the extent they are not inconsistent with this CPUD Ordinance and applicable sections of the LDC, which is in effect at the time of issuance of any development order. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development pennitted by the approval of this CPUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. D. All conditions imposed herein or as represented on Colonades at Santa Barbara CPUD Master Plan are part of the regulations, which govern the manner in which Cì:\CurrL'nt\DL'sclcm\PUD RczonL's\Colunadcs (a1 Santa Barhara PUD. ^R-4~.~2\PU ) dtH.:umL'nts\rL'\"iscd rer Bee _"i-::!.,,-O.....tJoc 2-1 the land may be developed. E. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 LAND USES A. The location of land uses and general project configuration are shown on the CPUD Master Plan, Exhibit A-I.' Changes and variations in building, location and square footage shall be permitted at time of County development to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of buildings and the assignment of square footage or units shall be determined at the time of County development approval. B. All infrastructure will be private. The Developer or its assignees shall be responsible for maintaining the drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.5 USE OF RIGHTS-OF - WAY The Developer may place landscaping, signage, lighting, water management facilities, berms, decorative walls and fences, utilities or decorative entry features within a private right-of-way within the Colonades at Santa Barbara CPUD, subject to permitting agency approval. 2.6 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion, leasing and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted temporary uses throughout Colonades at Santa Barbara CPUD. These uses shall be subject to the requirements of Section 2.6.33.4. Section 3.2.6.3.6. and Division 3.3 of the LDC. These uses may use temporary septic tanks or holding tanks for waste disposal subject to permitting under 64E-6 FAC and may use potable water or irrigation wells. 2.7 CHANGES AND Al\1ENDMENTS TO cPUD DOCUMENT OR cPUD MASTER PLAN Changes and amendments may be made to this CPUD Ordinance or CPUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of-development or permit application required by the LDC. C;;\Currem\I)cSC'!t:m\Pl1 ) R~/onl·s\Colol1ad(.'s (/)' Santa Barham PL"!). ^H-4"_ì~\Pl In dm.:uml'nts\n:viscd pcr Bee .t;-2)-04.doc 2 _ 2 --~--_.. 2.8 PRELIMINARY SUBDIVISION PLAT PHASING In the event platting is required, submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.9 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The CPUD will comply with Section 2.6.32 and Division 3.9 of the LDC, and Collier County Comprehensive Plan Amendment CP-2000-7 adopted by Ordinance No. 2000-12 on March 12, 2001 relating to open space and retention of native vegetation. Specific landscaping and open space requirements are established in Section 2.12 and Section 2.17 of the Colonades at Santa Barbara CPUD. 2.10 SURFACE WATER MANAGEMENT A. The surface water management permit for the water management system will be designed in accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40. B. For the size and development intensity of this project, current rules require appropriate water quality storage to be provided. Water quality treatment shall be provided, based on 2.5" over the impervious area of the site. The current site design provides adequate area for meeting this requirement. Discharge from the site will be to Santa Barbara Boulevard and/or Golden Gate Parkway. C. The site will be designed in a manner that will prevent water from Colonades at Santa Barbara from draining onto the property located to the north. D. Any standing water that remains on the Colonades at Santa Barbara site after a seven (7) day period will be treated for mosquitoes. 2.11 ENVIRONMENTAL A. An Environmental Impact Statement was waived by the Collier County Planning Services Department, Environmental Review Section staff due to a previous Environmental Impact Statement provided for the Comprehensive Plan Amendment CP-2000-7, Ordinance No. 2000-12. B. Other permits will be obtained from applicable State, Federal and Local agencies as appropriate. C. The Preserve area shown on the Conceptual CPUD Master Plan encompasses approximately .75± acres. The subject site, after excluding improved County Right-of-way easements contains approximately 4.8± acres of native vegetation. Retention of .75± acres of Preserve exceeds the required 15% (.72 acres) native vegetation of Section 3.9 of the LDC. Cì:\Currcm\Desclcm\PUD Rewnes\Co!onadcs (a" Santa Barbara PlI ). AR·Jrn\PUD dn..:uments\œvi:-ìcd rer nee )-2:'i-04.doi.: 2-3 D. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Setbacks and buffers shall be provided in accordance with Section 3.9 of the LDC. In the event the Project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to the project's homeowners association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Review Staff for review and approval prior to final site development plan/construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation/preservation areas. 2.12 UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. The project is within the service area of Florida Government Utility Authority. All water and wastewater facilities will be designed in accordance with Chapter 64E-6 FAC. 2.13 TRANSPORT A TION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county Land Development code (LDC) B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Division 3.15. LDC, as it may be amended. E. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and Ci:\Currcnl\ )~S(.·IL·m\P(T ) RC/ones\Colonades (<1' Santa Barhara PUD. AR·4.l12\PUD ùo..:umèms\r~vis.cd per Bce 5·25-04.doc 2-4 the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by .the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County right-of- way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. J. 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 cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. Ingress and egress to Santa Barbara Boulevard shall be prohibited. L. All sidewalks located within public rights of way shall be designed and constructed to LDC requirements. M. An interconnection from the subject property to the abutting tract to the north may be allowed should the Golden Gate Commercial Infill Sub-district as identified in the Golden Gate Area Master Plan and on the Future Land Use Map be amended to include the subject property to the north. The interconnection location and design will be subject to review and approval by county Zoning and Land Development Review and Transportation Planning staff in conjunction with the appropriate application submittal and fee payment pursuant to LDC Article 3. In no case should a possible interconnection be construed as support or vesting for any future amendment action for the Golden Gate Commercial Infill Sub-district as identified in the Golden Gate Area Master Plan and on the Future Land Use Map. 2.14 COMMON AREA MAINTENANCE Common area maintenance, including maintenance of the surface water management system, will be provided by the Developer or its assigns. G:\CuITcm\Dcsclcm\PUD Rczonc.s\Colonade.'õ (a' Santa Barbara PUD. AR·4:t~2\Pll ) d()t:umcm.s\rcviscd per BCe .<i-2.<i-04.dot: 2-5 2.15 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. B. Colonades at Santa Barbara CPUD is planned as a professional office site under unified control. The Developer will establish guidelines and standards to ensure quality for the common areas. All development will meet and enhance LDC Division 2.8, Architectural and Site Design Standards and Guidelines, and those specific requirements listed below that are requirements of the Golden Gate Commercial In-fill Subdistrict. 1. All buildings shall have tile or metal roofs, or decorative parapet walls above the roofline, and buildings shall be finished in light subdued colors except for decorative trim. 2. All lighting facilities shall be architecturally-designed, and limited to a height of twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses. 2.16 LANDSCAPING, BERMS, FENCES AND WALLS Landscaping, berms, fences and walls are permitted as a principal use throughout Colonades at Santa Barbara CPUD. Required buffer treatments shall comply with the Collier County LDC and the Collier County Comprehensive Plan Amendment CP-2000-7 adopted by Ordinance No. 2000-12 on March 17, 200 1. The following standards shall apply: A. Landscape buffers contiguous to right-of-ways: 1. Minimum width of 25' measured from the property line. The minimum number of required trees shall be calculated at 1 tree per 25' linear feet. Plantings shall not be required to be planted on 25' centers in a linear manner, but may be clustered or planted in irregular patterns to provide greater buffers in certain areas and to provide enhancements of key project features. 2. The height of required trees within the buffers shall be 12' on average. Canopy trees shall have a 6' canopy spread at the time of planting. 3. Hedges, where required by the Collier County Land Development Code (LDC) shall be installed in accordance with LDC Division 2.4, Landscaping and Buffering, except as provide in Section 2.16.4. 4. The developer must provide a berm and walVfence combination along the northern property boundary at a total height of seven feet (7'). A concrete block wall will be constructed from the eastern boundary of the property (ì:\Currl'm\lksclem\PCD Rannð\Colonades (n> Santa Barhara pun. ^R~4_H2\PUf) documcnls\rcviscd ~r Bee 5·25-04.doc 2-6 westward to twenty-five feet (25') past the required thirty-five foot (35') buffer. A green chain link fence must be constructed from the end of the concrete block wall to the western boundary. The fence/wall combination will be constructed five (5) feet inside the subject property. The developer must plant a hedge on the north side of the wall and fence that will reach the height of the wall and fence within one (1) year of planting. 5. At the commencement of site clearing, the developer of Colonades at Santa Barbara must construct a temporary fence along the northern property boundary which will provide screening from the.construction. B. The northern seventy-five (75) feet of the western sixty (60) percent of the site less those areas reserved for Santa Barbara road rights-of-way and easements, shall be a green area (open space area). It shall be utilized for only water management facilities, landscape buffers, and similar uses. C. The western sixty (60) percent of the site shall have an outdoor pedestrian- friendly patio area(s), that total at least five hundred (500) square feet in area and incorporate a minimum of: benches or seating areas for at least twelve (12) persons, and vegetative shading, and a water fall or water feature of at least one hundred (100) square feet in area, and brick pavers. The patio area will be designed such that utilities are not located within the pedestrian friendly area. D. A twenty-five (25) foot wide landscaped strip shall be provided along the entire frontage of both Golden Gate Parkway and Santa Barbara Boulevard. E. A minimum buffer of thirty-five (35) feet in width shall be provided along the project's western boundary and along the eastern forty (40) percent of the project's northern boundary. A minimum buffer of fifty (50) feet in width shall be provided along the western sixty (60) percent of the project's northern boundary. Where feasible, existing native vegetation shall be retained within these buffers along the project's western and northern boundaries. These buffers shall be supplemented with Oak or Mahogany trees planted a maximum of twenty (20) feet apart in a staggered manner; and a seven (7) foot wall, fence, or hedge that will, within two (2) years of planting, grow to a minimum height of seven (7) feet and be a minimum of ninety-five (95) percent opaque. When feasible, a hedge in lieu of a wall or fence will be provided. F. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Colonades at Santa Barbara CPUD boundary concurrent with site development. G. Sidewalks, signage, water management etc. shall be permitted within landscape buffers, per the LDC. 2.17 SIGNAGE A. GENERAL <ì:\Currcm\lJcsclem\PUD Rczones\Colonadcs (CI' Santa Barhara PUD. AR-4332\PUD dm.'umcnts\rcviscd per Bce 5-25-04.d(K 2-7 1. All ground mounted project and freestanding use signs shall be of consistent architectural style and shall feature like building materials and sign structures. Sign structures will be unifonn in size, color, and building material. Pole signs shall be prohibited. All signage shall be consistent with Section 2.5 and Section 2.2.21 of the LDC. 2. Pursuant to Sections 2.8.3.6.2.1 of the LDC, the following conditions provide for the required comprehensive sign plan for the Colonades at Santa Barbara CPUD. All sign regulation, pursuant tQ Collier County Division 2.5 shall apply unless such regulations are in conflict with any conditions established in this CPUD, in which case the CPUD Document shall govern. a) Signs and decorative landscaped entrance features within a County dedicated right-of-way shall require a right-of way pennit subject to the review and approval of the County. b) A minimum setback of 5' from edge of pavement shall be required, except that no sign shall be located so as to create a vehicular line of site obstruction. c) All project sign structures may feature architectural treatments, which shall be pennitted to extend above the maximum height of the sign specified herein. B. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, and speed limit signs, may be designed to reflect an alternative specification and common architectural theme upon approval by the Development Services Director, in accordance with Section 3.2.8.3.19. of the LDC. 2.18 GENERAL PERMITTED USES A. Certain uses shall be considered general pennitted uses throughout the Colonades at Santa Barbara CPUD. General pennitted uses are those uses, which generally serve the Developer and tenants of Colonades at Santa Barbara CPUD and are typically part of the common infrastructure. B. General Pennitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Architectural features and elements including walls, fences, arbors, gazebos and the like. (ì:\Currcm\ )I..'~km\PU ) Rt.'zoncs\Colonadl..'s (a) SanLa Barhara PUD. ^R-4~12\PUD do\..'umcnts\revìscd per Bee ~-25-f)4.doç 2-8 4. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses, subject to Section 2.6.33.4 of the LDC. 5. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.18 of this CPUD. 6. Pedestrian pathways 7. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. 8. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 2.19 DEVIATIONS AND SUBSTITUTIONS A. From LDC Section 2.2.21.3.2 (Corridor Management Overlay) which required a minimum yard (building setback) of 50' for parcels along Golden Gate Parkway to permit a minimum yard (building setback) of 40' (see Section 3.4.C.1.a). This deviation is permitted due to the proposed additional right-of-way taking of 9.1' for expansion of Golden Gate Parkway. G:\Currcnt\Ocselcm\PUD Rczoncs\Colonades (a1 Santa Barham pun, AR·4J12\PlTD dOi.:umcnls\rcvi.~d per Bee '-25-04.dm: 2-9 SECTION III OFFICE DISTRICT "0" 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Colonades at Santa Barbara CPUD designated Commercial on the Master Plan. 3.2 GENERAL DESCRIPTION A. Areas designated as Office on the CPUD Master Plan are intended to provide a maximum of 35,000 square feet (gross leasable area) of office uses as conceptually depicted on the Master Plan. B. No one building may exceed 25,000 square feet in gross leasable floor area. C. No business may be open to the public after 9 p.m. D. Overnight parking of vehicles and equipment is prohibited. 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Security and commodity brokers, dealers, exchange and services (6211- 6289) 2. Insurance Carriers and agents (6311-6399, 6411) 3. Real estate (6512-6553) 4. Holding and other investment offices (6712-6799) 5. Tax return preparation (7291) 6. Business services (7311, 7322-7331, 7336, 7338, 7371-7376, and 7379 (including only those business services conducted in an office area)) 7. Health services (8011-8049, 8071-8092) (8082, only those services conducted in an office area.) 8. Legal Services (8111) 9. Engineering, accounting, research, management and related services (8711- 8733--except 8713 uses are prohibited, 8741-8743, 8748) 10. Executive Offices (9111) 11. Executive and Legislative Offices (9111, 9131) B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Accessory apothecary facility only in conjunction with medical office. <ì:\Currem\Dc.sclcm\PUD RClones\Colonadcs (a1 Sama Barl1ara PUD. AR-4~32\PUJ) documcms\rcviscd per Bee 5~25-04.doc 3-1 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 10,000 S.F. for fee simple lots; however, there shall be no minimum lot area for condominium parcels. B. Minimum Lot Width: 50 FT. for fee simple lots; however, there shall be no minimum lot area for condominium parcels. C. Minimum Yard Requirements: 1. Principal Structure Setbacks: a) Golden Gate Parkway: Forty feet (40') b) Santa Barbara Blvd: Twenty-five feet (25') c) Internal Frontage Drives: Five feet (5') d) Distance Between Free Standing Uses: Thirty feet (30') e) Minimum Building Setback from Non-Right-of-Way Perimeter Project Boundary of CPUD: 1. One hundred feet (100') from the north boundary. 11. Thirty-five feet (35') from the west boundary. f) Preserve Boundary: Twenty-five feet (25') 2) Accessory Structure Setbacks: a). One hundred feet (100') from the north boundary, except that a gazebo, water feature and similar open space uses may be located up to 50' from northern boundary. b). Thirty-five feet (35') from the west boundary. c). Preserve boundary Ten feet (10'). d). Road ROW: Twenty-five feet (25') D. Maximum Height: 1. Office Buildings: One story, not to exceed thirty-five feet (35'). 2. Accessory Structure: Thirty-five feet (35'), except as limited by Section 2.15 B.2. 3. Architectural features: Forty-five feet (45') Ci:\Currcnt\Dcsciem\PUD Rl'zonl'~\ColonacJL's (a' Santa Barhara Plfn, AI<.··n:t:!\PUD do,umcnts\n:\'i.~l'd per Bce 5·25· )4.doc 3-2 (' 1 .1.rtl .h ,.Xn~\WD~ 'U I11lp ace 3. Architectural features: Forty-five feet (45') ]·3 SECTION IV PRESERVE DISTRICT "P" 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Colonades at Santa Barbara CPUD community designated on the Master Plan as the Preserve District. 4.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems. 4.3 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, in whole or in part for other than the following, subject to Regional, State and Federal permits when required; A. Principal Uses 1. Passive recreational areas, boardwalks. 2. Nature trails. 3. Landscape buffers. 4. Drainage, water management, subject to all needed permits. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 4.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.9, of the Collier County Land Development Code. B. Maximum height of structures - Twenty-five feet (25'). (i:\Curr~nt\Dl'sckm\Pt¡ ) Re'-On~s\Colonades (0' Santa Barhara PL'D. AR-4:\]2\PUD d()cuITl('nts\r~viscd per nee 5-2$-04.doc 4- I SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section IS to set forth the development commitments for the development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans (if required), and all applicable State and local laws, codes, and regulations applicable to this CPUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Collier County Land Development Code shall apply to this project, even if the land within the CPUD is not to be platted. The Developer, its successors and assigns, shall be responsible for the commitments outlined in this document. These commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last final subdivision acceptance. The Developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the CPUD, 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 is bound by any commitments within this agreement. These commitments may be assigned or delegated to a condominiuml homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released from responsibility for the commitments. 5.3 cPUD MASTER DEVELOPMENT PLAN A. Exhibit "A," CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time 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 insure the continued operation and maintenance of all services and all common areas in the project. G:\Current\Dcsclcm\PUD Rczones\Colonadcs ('11 Santa Barhara PUD. AR-4.l\2\PUD documl'nts\rcviscu per Bee 5~25-04.doc 5-1 .. . i r~: ,~ I I- ~ ¡ill z: w -Z-..a: ~ ¡! = ~ ~2j ! a = ~ 15ml ~ ro.I w 0 4"- <n r: ~J ·i OJ LU t.> :f u Q ~ ~ II I w w :I I' a::: a:: en '. < ~ J. X :z: f~ 8 I z Î rB :z: ~ III .It -' III J. jjj ii,'. OWA3lnoe VW8W8 VlNVS ;:I~ -- .111 II" II .......--. . " , I i II -------__£:...______~'!.~___ " Ji'l ~ :i ----- -___________. 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GOLF COUNTRY CL Jã z 3 ;:) 4.. t ~ ,.... 4.. ;;; Q:: 02 < ci PINE RIDGE ROAD ) \ 0 " y- o Q:: GOWEN ª GATE ESTATES Q D KENSlNGTCH GOlDEN B PARK \ 9 GATE CD PUD ESTA 1[S 15 g . ~ U') -< ~ ac . -< CD ac ~. 00( CD GRAY g ~ OAKS PUD .m z -< a; fI) -- ~ ~o;;~ ...GA 1£ CITY lU Y;7- GW EN GA'IE PARkWAY \ ~ :~ h -. " ,. ~ ~ , , ¡ EXHIBIT "c" LOCA TION MAP ~ ~ ~ a ·8 ~ a .t ~ 'I ~ ~ § f J ö \ EXHIBIT "D" Leg a I Desc ri ption Tract 112, Golden Gate Estates Unit No. 30, as Recorded in Plat Book 7, Page 58 of the Public Records of Collier County. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth JUdicial Circui~, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-35 Which was adopted by the Board of County Commissioners on the 25th day of May 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of May, 2004. \\""" II It, ;. II ~U:~ ··'\·("tä\e¡J¡;¡n8 . ! DWIGHT E. BROaÌ<'\';\~"'···"···"':"l.. , ,--:-.. .. . '- ~ . Clerk of cou:r;~i':··~~iK-d..:. Ex-officio tÓ¡~Þ~;qf:-.ì ; i ~ County commi~itç,¥,-è',!;~~~. &: .:;J ff . .::;). . ...' .'. ~ ' ". t.;J ", \......,,~~. .: ~ ~ ~ Ii. ~'+t:..~~~;;IJ.:~i>.~\}~ ,,. 1Jc..1</f,zr.:~\;¡J "~I' I,.,.... tt" " By: Linda A. Houtzer Deputy Clerk -^~~...._..,,_.....,._'~-~._._-,-~_.,----_._._~-~--