Ordinance 2005-41
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ORDINANCE NO. 05- 05-41
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS; TO
CHANGE THE ZONING CLASSIFICATION OF THE
SUBJECT REAL PROPERTY FROM THE (E) ESTATES
ZONING DISTRICT TO THE (CPUD) COMMERCIAL
PLANNED UNIT DEVELOPMENT ZONING DISTRICT
FOR LOW INTENSITY TRANSITIONAL
-., COMMERCIAL LAND USES, CONVENIENCE
COMMERCIAL LAND USES AND INTERMEDIATE
COMMERCIAL LAND USES AS IDENTIFIED FOR
THE NEIGHBORHOOD CENTER SUB-DISTRICT AT
THIS SUBJECT PROPERTY IN THE GOLDEN GATE
AREA MASTER PLAN (GGAMP) OF COLLIER
COUNTY'S GROWTH MANAGEMENT PLAN (GMP)
LOCATED AT THE NORTHEAST CORNER OF THE
INTERSECTION OF GOLDEN GATE BLVD. AND
EVERGLADES BLVD., MORE PARTICULARLY
DESCRffiED AS ALL OF TRACT 1, GOLDEN GATE
ESTATES, UNIT 77, IN SECTION 5, TOWNSHIP 49
SOUTH, RANGE 28 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 5.46 ACRES; AND
PROVIDE FOR AN EFFECTIVE DATE.
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WHEREAS, Kelly Smith of Davidson Engineering, Inc., representing Nonnan
Taylor and Joanne Taylor, petitioned the Board of County Commissioners to change the
zoning classification of the subject real property pursuant to petition PUDZ-2004-AR-
6631.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the subject real property described in Section 1.2 of
the Big Bear Plaza CPUD Document, attached hereto as Exhibit "A" and incorporated by
reference herein, located in all of Tract 1, Golden Gate Estates, Unit 77, in Section 5,
Township 49 South, Range 28 East, Collier County, Florida, is changed trom the (E)
Estates zoning district to the (CPUD) Commercial Planned Unit Development zoning
district for low intensity transitional commercial land uses, convenience commercial land
Page 1 of2
uses and intennediate commercial land uses as identified for the Neighborhood Center
Sub-district at this subject property in the Golden Gate Area Master Plan (GGAMP) of
Collier County's Growth Management Plan (GMP). The appropriate zoning atlas map or
maps; as described in Ordinance Number 2004-41, as amended, the Collier County Land
Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by super maj<Jity vote of the Board of County
Commissioners of Collier County, Florida, this Å b ¡day of /, ,2005.
BOARD OF COUNTY CO
COLLIER COUNTY, FL
BY: ~ w. r~.._
FRED W. COYLE, CHA N.....
PUDZ-2004-AR-6631, Big Bear Plaza PUDIMJD/sp
ThIs ordinance filed with the
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Page 2 of2
BIG BEAR PLAZA CPUD
A
COMMERCIAL PLANNED UNIT DEVELOPMENT
PREPARED FOR:
Norman and Joanne Taylor
4651 West Blvd.
Naples. FL 34103
Richard and Carolyn Faust
6011 Westport Ln
Naples FL 341116
PREPARED BY:
Davidson Engineering. Inc.
2154 Trade Center Way; Suite 3
Naples FL 34109
DATE REVIEWD BY CCPC
DATE APPROVED BY BCC 7-26-2005
ORDINANCE NUMBER 2005-4]
AMENDMENTS AND REPEAL
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLES
PAGE
ii
STATEMENT OF COMPLIANCE
iii
SHORT TITLE
iii
SECTION I: PROPERTY OWNERSHIP & DESCRIPTION
1-1
SECTION II: PROJECT DEVELOPMENT REQUIREMENTS
2-1
SECTION III: COMMERCIAL AREAS PLAN
3-1
SECTION IV: PRESERVE AREA PLAN
4-1
SECTION V: DEVELOPMENT COMMITMENTS
5-1
EXHIBIT "A"
TABLE I
LIST OF EXHIBITS AND TABLES
CPUD Mas.ter Plan
Development Standards
STATEMENT OF COMPLIANCE
The development of approximateJy 5.46± acres of property in eastern Collier County as
a Planned Unit Development to be known as the Big Bear Plaza CPUD will be in
compliance with the planning goals and objectives of Collier County as set forth in the
Collier County Growth Management Plan, The commercial facilities of the Big Bear
Plaza CPUD will be consistent with the growth policies, land development regulations,
and applicable comprehensive planning objectives for the following reasons:
1, The subject property is within the Neighborhood Center of the Estates-Mixed Use
Designation as identified on the Future Land Use Map and as described in the
Golden Gate Area Master Plan. The Golden Gate Area Master Plan permits
commercial land uses, limited to intermediate commercial so as to provide for a
wider variety of goods and services in areas that have a higher degree of
automobile traffic. The proposed project shall not utilize more than 50% of the
total allowed commercial acreage, The architectural style of the development
shall reflect the "Old Style Florida" design with metal roofs. The Big Bear Plaza
CPUD is compliant with the Neighborhood Center Subdistrict criteria established
in the Golden Gate Area Master Plan.
2. The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element,
3, Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
4. The project development is planned to protect the functioning of natural
drainage features and natural groundwater aquifer recharge areas as
described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities
Element,
5, The project shall be in compliance with Objective 3.1 of the Conservation and
Coastal Management Element of the Growth Management Plan.
6. The project shall be in compliance with all applicable County regulations
including the Growth Management Plan,
7. All final local development orders for this project are subject to Section 6.02.0"
Adequate Public Facilities, of the Collier County Land Development Code, as
required by Objective 2 of the Future Land Use Element.
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 Big Bear Plaza CPUD,
1 .2 LEGAL DESCRIPTION
The subject property being 5.46 acres, is located in Section 5, Township 49 South,
Range 28 East, and is fully described as:
All of Tract 1, Golden Gate Estates Unit 77, according to the plat
thereof, as recorded in plat book 5, page 15, of the public records
of Collier County, Florida.
1 .3 PROPERTY OWNERSHIP
The subject property is owned by Norman L & Joanne Taylor and Richard A &
Carolyn Faust,
1 .4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located at the northeast corner of the intersection of
Golden Gate Boulevard and Everglades Boulevard.
B. The subject property is zoned Estates and is designated Estates-Mixed Use on
the Collier County Future Land Use Map, It is proposed to be rezoned to a
commercial PUD for low intensity transitional commercial land uses,
convenience commercial land uses and intermediate commercial land uses.
C, The subject property is 5,46 acres. The CPUD proposes a donation of 0,70 of
right-of-way, The area for development remaining after the right-of-way
donations is approximately 4.76 acres.
1.5 PHYSICAL DESCRIPTION
The project site is primarily located within the Main Golden Gate Canal Basin
according to the Collier County Drainage Atlas. The proposed outfall for the
project is to an existing Golden Gate Boulevard swale along the southern
boundary of the project.
Natural ground elevation varies from 10.75' to 14.12' NGVD. The entire site is
located within FEMA Flood Zone "D" with no base flood elevation specified. The
site is dominated by slash pines, cypress, and cabbage palms.
1- 1
The water management system of the Project will be permitted by Collier
County. All rules and reguJations 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 regulations, minimum roadway centerline, perimeter
berm and finished floor elevations, and water quality pre-treatment. The water
management system of the Project proposes the construction of a perimeter
berm with crest elevation set at or above the 25-year, 3-day peak flood stage,
Water quality pre-treatment will be accomplished by an on-site retention system
prior to discharge into the Golden Gate Boulevard swale,
1 .6 PROJECT DESCRIPTION
The Big Bear Plaza CPUD will include a mixture of retail, office and automobile
seNice station land uses with a common architectural theme. The Master Plan is
illustrated graphically on Exhibit "A", CPUD Master Plan,
1 .7 SHORT TITLE
This Ordinance shall be known and cited as the "Big Bear Plaza Commercial
Planned Unit Development Ordinance."
1-2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 . PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
2.2. GENERAL
A Regulations for development of the Big Bear Plaza CPUD shall be in
accordance with the contents of this document, CPUD-Planned Unit
Development District and other applicable sections and parts of the
Collier County Land Development Code and Growth Management Plan
in effect at the time of building permit application. Where these
regulations fail to provide developmental standards then the provisions of
the most similar district in the County Land Development Code shall
apply.
B, Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at
the time of building permit application,
C. All conditions imposed and all graphic material presented depicting
restrictions for the development of the Big Bear Plaza CPUD shall become
part of the regulations that govern the manner in which the CPUD site
may be developed
D. All applicable regulations, unless specifically waived through a variance
or separate provision provided for in this CPUD document shall remain in
full force and effect.
E. Development permitted by the approval of this petition will be subject to
a concurrency review under the provisions of Section 6,02.00 (Adequate
Public Facilities) of the Collier County Land Development Code at the
earliest or next to occur of either final SDP approval, final plat approval, or
building permit issuance applicable to this development.
2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A The Project Master Plan is illustrated graphically by Exhibit "A" CPUD Master
Plan. '
B. Minor modification to Exhibit "A" may be permitted at the time of Site
Development Plan approval, subject to the provisions of Section 1 0,02.13.E of
2-1
the Collier County Land Development Code or as otherwise permitted by this
CPUD Document.
2.4. RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat and/or Condominium Plat for all or
part of the CPUD, final plans of all required improvements shall receive
approval of the appropriate Collier County governmental agency to insure
compliance with the CPUD Master Plan, the Collier County Subdivision Code
and the platting laws of the State of Florida,
B. Exhibit "A", CPUD Master Plan, constitutes the required CPUD Development
Plan. If applicable, a Preliminary Subdivision Plat shall be submitted for the
entire area covered by the CPUD Master Plan subsequent to or concurrent
with CPUD approval. Any division of property and the development of the
land shall be in compliance Section 10,02,04 of the Collier County Land
Development Code, and the platting laws of the State of Florida.
C. The provisions of Chapter 10 of the Collier County Land Development Code
when applicable shall apply to the development of all platted tracts, or
parcels of land as provided in said Division prior to the issuance of a building
permit or other development order.
D. All necessary easements, dedications, or other instruments shall be granted
to insure the continued operation and maintenance of all service utilities and
all common areas in the project,
2.5. CPUD DOCUMENT AND MASTER PLAN
A. Exhibit "A", CPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract lot or land use boundaries or special
land use boundaries shall not be construed to be final and may be varied at
any subsequent approval phase such as final platting or site development
plan application. Subject to the provisions of Section 10,02.13 of the Land
Development Code amendments may be made from time to time,
B, The Community Development and Environmental Services administrator, or
his designee, shall be authorized to approve minor changes and refinements
to the Big Bear Plaza CPUD Master Plan upon written request of the
Developer.
1. The following limitations shall apply to such requests:
a, The minor change or refinement shall be consistent with the Collier
County Growth Management Plan (GMP), and the Big Bear Plaza
CPUD Document.
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b. The Minor change or refinement shall not constitute a substantial
change pursuant to Section 10.02.13E of the Collier County Land
Development Code.
c, The minor change or refinement shall be compatible with adjacent
land uses, and shall not create detrimental impacts to abutting land
uses, water management facilities, and PreseNe Areas within, or
external to the CPUD boundaries,
2. The following shall be considered minor changes or refinements, subject
to the limitations of Subsection 2.5.B, 1 of this document:
a, Reconfiguration of PreseNe Areas as a result of regulatory agency
review and permitting in accordance with the Collier County Land
Development Code and Grow Management Plan. There may be no
overall decrease in PreseNe Area.
b, Reconfiguration of water management facilities where such changes
are consistent with the criteria of the South Florida Water
Management District and Collier County.
c, Internal realignment of roadways and interconnection to off-site lands
other than a relocation of access points from publicly maintained
roadways (Le" State or County roadways), to the CPUD Itself, where
no water management or preserve areas are affected or otherwise
provided for,
3, Minor changes and refinements, as described above, shall be reviewed
by appropriate County staff to ensure compliance with all applicable
County ordinances and regulations prior to the Administrator's
consideration for approval.
4, Approval by the Administrator of a minor change or refinement may
occur independently from, and prior to any application for subdivision (if
required), or site development plan approval, however, the Administrator
or his designee's approval shall not constitute an authorization for
development or the implementation of the minor change or refinement
unless the applicable permits are first obtained,
C. Amendments to the CPUD document may be made subject to Section
10.02.12 of the Land Development Code.
2-3
SECTION III
COMMERCIAL AREAS PLAN
3. 1. PURPOSE
The purpose of this Section is to set forth specific development standards for the
commercial areas as shown on Exhibit "A", CPUD Master Plan.
3. 2. GENERAL DESCRIPTION
Commercial areas designated on the CPUD Master Plan are intended to
provide retail, office, and automobile service station uses with a common
architectural theme,
3. 3. PERMITTED USES
No building or structure, or part thereot shall be erected, altered or used, or land
used, in whole or in part, for other than the following:
A Permitted Uses:
1. Accounting, auditing and bookkeeping services (8721).
2. Apparel and accessory stor€S (groups 5611--5699).
3. Auto and home supply stores (5531).
4. Automotive services (7549) except that this shall not be construed to
permit the activity of "wrecker service (towing) automobiles, road and
towing service."
5. Barber shops (7241), except barber schools,
6, Beauty shops (7231), except beauty schools.
7. Business services (groups 731 L 7322-7330, 7332-7338, 7361--7379, 7384,
7389 except auctioneering service, automobile recovery, automobile
repossession, batik work, bottle exchanges, bronzing, cloth cutting,
contractors' disbursement, cosmetic kits, cotton inspection, cotton
sampler, directories-telephone, drive-away automobile, exhibits-
building, filling pressure containers, field warehousing, fire extinguisher,
floats-decoration, folding and refolding, gas systems, bottle labeling,
liquidation services, metal slitting and shearing, packaging and labeling,
patrol of electric transmission or gas lines, pipeline or powerline
inspection, press clipping service, recording studios, repossession
service, rug binding, salvaging of damaged merchandise, scrap steel
cutting and slitting, shrinking textiles, solvent recovery, sponging textiles,
3-1
swimming pool cleaning, tape slitting, texture designers, textile folding,
tobacco sheeting, window trimming, and yacht brokers),
8. Child day care services (8351).
9, Eating places with 6,000 square feet or less in gross floor area in the
principal structure (5812 only), All establishments engaged in the retail
sale of alcoholic beverages for on-premise consumption are subject to
locational requirements of Section 5,05,01 of the Land Development
Code,
10. Food stores (groups 5411--5499),
11 . Gasoline service stations (5541), subject to Sections 5.05.05 and 3,06.00
of the Land Development Code.
12. General merchandise stores (group 5399).
13, Group care facilities without overnight residential uses (category I and II,
except for homeless shelters); care units, except for homeless shelters;
nursing homes; assisted living facilities pursuant to F,S. § 400,402 and ch,
58A-5 F.A.C.; and continuing care retirement communities pursuant to
F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 2,6,26.
14. Hardware stores (5251),
15. Health services (groups 8011--8049, 8082),
16. Home furniture, furnishing, and equipment stores (groups 5712--5736),
17, Individual and family social services (8322 activity centers, elderly or
handicapped; adult day care centers; and day care centers, adult and
handicapped only).
18, Insurance carriers, agents and brokers (groups 6311--6399,6411).
19. Legal services (8111),
20. Management and public relations services (groups 8741--8743, 8748).
21, Membership organizations (8611--8699).
22. Miscellaneous repair services (groups 7629--7631).
23. Miscellaneous retail with 5,000 square feet or less of gross floor area,
(groups 5912--5963 except pawnshops and building materials, 5992--
3-2
5999 except auction rooms, awning shops, gravestones, hot tubs,
monuments, swimming pools, tombstones and whirlpool baths).
24. Museums and art galleries (8412).
25. Nondepository credit institutions (groups 6111--6163),
26. Offices for engineering, architectural, and surveying services (groups
0781, 8711--8713).
27, Paint, glass and wallpaper stores (5231).
28, Personal services (groups 7212, 7215, 7216 nonindustrial dry cleaning
only, 7291, 7299, babysitting bureaus, clothing rental, costume rental,
dating service, debt counseling, depilatory salons, diet workshops, dress
suit rental, electrolysis, genealogical investigation service, and hair
removal only).
29. Photographic studios (7221).
30, Physical fitness facilities (7991),
31 , Public administration (groups 9111--9199, 9229, 9311, 9411--9451, 9512--
9532, 9611--9661),
32, Real estate (groups 6531--6541).
33, Retail nurseries, lawn and garden supply stores (5261).
34. Security and commodity brokers, dealer, exchanges and services
(groups 6211--6289),
35. Shoe repair shops and shoeshine parlors (7251).
36, Transportation services (4724), travel agencies only,
37. United States Postal Service (4311 except major distribution centers).
38, Veterinary services (groups 0742, 0752 excluding outside kenneling).
39, Videotape rental (7841).
ß, Accessory Uses:
1, Uses and structures that are accessory and incidental to the Permitted
Uses within the CPUD Document,
3-3
2. Caretaker's residence, in accordance with Section 5,03.05 of the Collier
County Land Development Code,
3.4. PROHIBITED USES
The following principal permitted uses are prohibited within the Big Bear Plaza
CPUD:
A Prohibited Uses:
1. Drinking Places (5813)
2. Liquor Stores (5921)
3, Mail Order Houses (5961)
4, Merchandizing Machine Operators (5962)
5, Power Laundries (7211 )
6. Crematories (7261) (Does not include non-crematory Funeral Parlors)
7, Radio, N Representatives (7313)
8. Direct Mail Advertising Services (7331)
9, NEC Recreational Shooting Ranges, Waterslides, etc, (7999)
10, General Hospitals (8062)
11 . Psychiatric Hospitals (8063)
12. Specialty Hospitals (8069)
13, Elementary and Secondary Schools (8211)
14. Colleges (8221)
15. Junior Colleges (8222)
16. Libraries (8231)
17. Correctional Institutions (9223)
18. Waste Management (9511 )
19. Homeless Shelters and Soup Kitchens
3-4
20. Automobile parking (7521)
21. General merchandise stores (5331)
22. Pawn shop (5932)
23, Sexually-oriented bookstore (Group# 5942)
3. 5. CONDITIONAL USES
The following uses are permissible as conditional uses, subject to the standards
and procedures established in Chapter 10.08.00 of the Land Development
Code:
1. Conditional uses permissible within the \\E" Estates zoning district.
3. 6. DEVELOPMENT STANDARDS
A. Minimum Lot Area: Ten thousand (10,000) square feet,
B. Minimum Lot Width: One hundred (100) feet,
C. Minimum Yards:
1. Front yard: Twenty-five (25) feet,
2, Side yard: Fifteen (15) feet,
3, Rear yard: Fifteen (15) feet.
4, Preserve setback:
a. Principal structures: Twenty-five (25) feet.
b, Accessory Structures: Ten (10) feet,
D. Minimum Distance Between Principal Structures: Fifteen (15) feet.
E, Minimum Floor Area: Seven hundred (700) square feet.
F. Maximum Height: Thirty-five (35) feet and one (l)-story,
G, Off-Street Parking and Loading Requirements: As required by Section 4,05,00
and Section 4,06.00 of the Collier County Land Development Code in effect
at the time of building permit application,
3-5
H, Open Space Requirements:
1, A minimum of thirty (30) percent of the subject property shall be devoted
as open space. as described in Section 2,03.06 of the Collier County Land
Development Code,
2. Green space in the form of functional public open-space equal to seven
percent of the size of the vehicular use areas shall be provided as part of
the required open space, Such green space shall be developed as
follows:
a, Green space must be developed within the front yard(s) or as
pedestrian accessible courtyards, The courtyards must only be
located in areas that are in close proximity to the retail shopping area
and in areas likely to be used by pedestrians visiting the shopping
center and retail establishment. Projects within the Neighborhood
Center Designation that are submitted as
b. Green space must be considered areas designed for environmental.
scenic or noncommercial recreation purposes and be pedestrian-
friendly and aesthetically appealing,
c. Green space may only include the following: lawns, mulch.
decorative plantings. non-prohibited exotic trees. walkways within the
interior of the green space area not used for shopping. fountains.
manmade watercourses (but not water retention areas). wooded
areas, park benches. site lighting. sculptures, gazebos. and any other
similar items that the planning services director deems appropriate.
d Green space must include: walkways within the interior of the green
space area not used for shopping, a minimum of one foot of park
bench per 1.000 square feet of building area. and a minimum of one
tree or palm for each 250 square feet of green space area, The green
space area must use existing trees where possible and landscaping
credits will be allowed as governed by Table 4,06,04.0,
e. Benches may also be located in interior landscaped areas and 75
percent of benches may be located adjacent to the building
envelope along paths, walkways and within arcades or malls,
f, Green space shall be in addition to the building perimeter planting
area requirements and other landscaping requirements, Green space
may be used to meet the open space requirements set forth by
Section 4.02.01 ,B of the Collier County Land Development Code. and
must be labeled "Green Space" on all subdivision and site plans,
3-6
g, The interior landscape requirements of as required by 4.06,03 of the
Land Development Code for this CPUD shall be reduced to an
amount equal to.five percent of the vehicular use area on site,
3. A minimum of ten (10) percent of the subject property shall be devoted to
native vegetation preserve area as described in Section 3.05.07 of the
Collier County Land Development Code,
I. Buffering Requirements:
1. A twenty-five (25) foot wide buffer shall be provided along both Golden
Gate Boulevard and Everglades Boulevard, with the landscaping as
required in the Golden Gate Area Master Plan and Section 4.06.01 of the
Collier County Land Development Code, which includes the following:
a, Two staggered rows of trees that shall be spaced no more than 30 feet
on center, and a double hedge at least 24 inches in height at time of
planting and attaining a minimum of three feet height within one year.
b. A minimum of 50% of the 25-foot wide buffer area shall be comprised
of a meandering bed or shrubs and ground covers other than grass,
c, Existing native trees must be retained within this 25-foot wide buffer
area to aid in achieving this buffer requirement; other existing native
vegetation shall be retained, where possible, to aid in achieving this
buffer requirement,
d. Water retention/detention areas shall be allowed in this buffer area if
left in natural state, and drainage conveyance through the buffer
area shall be allowed if necessary to reach an external outfall.
2. A seventy-five (75) foot wide buffer of retained native vegetation shall be
provided along the eastern and northern side property lines,
a. Twenty-five (25) feet of the width of the buffer along the developed
area shall be a landscape buffer.
b, A minimum of fifty (50) feet of the buffer width shall consist of retained
native vegetation and must be consistent with Section 3.05,07 of the
Collier County Land Development Code.
c. The native vegetation retention area may consist of a perimeter berm
and be used for water management detention, Any newly
constructed berm shall be revegetated to meet Section 3.05,07 of the
Collier County Land Development Code. Any site clearing, grading, or
excavation will be in compliance with the vegetation removal permit
requirements of the LDC.
3-7
d. Native vegetation retention area(s) used for water management
purposes shall meet the following criteria:
(1) There shall be no adverse impacts to the native vegetation being
retained. The additional water directed to this area shall not
increase the annual hydro-period unless it is proven that such
would have no adverse impact to the existing vegetation.
(2) If the project requires permitting by the South Florida Water
Management District the project shall provide a letter or official
document from the District indicating that the native vegetation
within the retention area will not have to be removed to comply
with water management requirements. If the District cannot or will
not supply such a letter, then the native vegetation retention area
shall not be used for water management.
(3) If the project is reviewed by Collier County, the County engineer
shall provide evidence that no removal of native vegetation is
necessary to facilitate the necessary storage of water in the
management area,
e. Native vegetation retention area(s) shall not be used for parking,
3, Fences or walls may be constructed on the commercial side of the
required landscape buffer between adjacent commercial and residential
uses. If constructed, such fences or walls shall not exceed five (5) feet in
height. Walls shall be constructed of brick or stone facing, Fences shall be
of wood or concrete post or rail types, and shall be of open design (not
covered by slats, boards or wire).
J. Signs:
Signs shall be permitted as described in Section 5,06.00 of the Collier
County Land Development Code.
K. Solid Waste:
Trash receptacles shall be screened on three (3) sides by a six (6) to eight (8)
foot high opaque masonry wall or fence with an opaque gate on the
remaining side for access.
L Lighting:
3-8
All lighting facilities shall be architecturally-designed and shall be limited
to a maximum height of twenty-five (25) feet. Such lighting facilities shall
be shielded from neighboring residential land uses.
M. Architectural Building Design:
(1) The Project shall meet all applicable standards of Division 5.05,08
Architectural Standards for Commercial Buildings and Projects,
(2) All buildings shall have tile roofs, "Old Florida" style metal roofs, or
decorative parapet walls above the roofline, The buildings shall
have an "Old Florida" architectural style and be finished in light,
subdued colors, except for decorative trim,
(3) Pedestrian traffic shall be encouraged through the placement of
sidewalks, pedestrian walkways, and marked crosswalks within
parking areas, Walkways or courtyards shall connect adjacent
buildings, Adjacent projects shall coordinate placement of
sidewalks so that a continuous pathway through the Neighborhood
Center is created.
N. Common Architectural Theme:
All buildings within this CPUD shall utilize a common architectural theme
and be set by the architectural theme shown on the first Site
Development Plan approved within this CPUD, This theme shall meet the
design standards described in Section 3.4M.(2) of this CPUD Document
and shall be applicable to both building design and signage. Bank drive-
through areas shall be architecturally integrated with the rest of the bank
building.
0, Hours of Operation:
The hours of operations shall be limited to 6 AM to 11 PM for all non-
governmental services,
3-9
DEVELOPMENT STANDARDS
TABLE I
Minimum Lot Area:
Minimum Lot Width:
Minimum Setback
Front Yard:
Side Yard:
Rear Yard:
Preserve:
Minimum Distance Between Principal Structures:
Minimum Floor Area:
Maximum Height
Zoned:
Actual:
10,000 SF
100'
25'
15'
15'
25' (principal)/l 0' (accessory)
15'
700 SF
35' and 1 story
45'
3-10
SECTION IV
~RESERVE AREA PLAN
4. 1. PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A", CPUD Master Plan, A minimum of ten (10)
percent of the existing 4,15 acres of native vegetation shall be devoted to
natural habitat preserve area as described in Section 3.05.07 of the Land
Development Code,
4. 2. PERMITTED USES
The CPUD Master Plan provides for 0.56 acres of upland preserve area, or 10% of
the existing native vegetation. Minor adjustments may be made to the
boundaries of preserve areas based on permitting considerations.
No building, structure or part thereof. shall be erected, altered or used, or land
used. in whole or part. for other than the following and subject to permitting:
A Permitted Principal Uses and Structures
1. Passive recreational uses such as pervious nature trails or boardwalks are
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
preserves to provide protection in the preserves in accordance with
Section 3.04.01 .D.l ,c of the Land Development Code. Fences and walls
are not permitted within the preserve area,
2. Native preserves.
3, Any other use deemed comparable in nature by the community
development services director.
B. Development Standards
1, Minimum Yard Requirements
a. Principal structures shall be required to have a minimum setback of
twenty-five (25) feet from preserve areas.
b. Accessory structures shall be required to have a minimum setback of
ten (10) feet from preserve areas.
4-1
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 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 Chapter 4 of the Land
Development Code shall apply to this project even if the land within the CPUD is
not to be platted. The developer, his successor and assigns shall be responsible
for the commitments outlined in this document,
The developer, his successor or assignee shall follow the Master 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 the developer
will agree to convey to any successor or assignee in title any commitments
within this Agreement.
These developer commitments will be enforced through provisions agreed to
and included in the declaration of covenants and restrictions or similar recorded
instrument. Such provisions must be enforceable by lot owners against the
developer, it successors and assigns, regardless of turnover or not to any
property or homeowners' association,
5.3. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION
A. This CPUD is subject to the Sunset Provisions of Section 10,02.12 of the Land
Development Code.
B. An annual monitoring report shall be submitted pursuant to Section 10.02.12
of the Land Development Code,
C, All necessary easements, dedications, or other instruments shall be granted
to insure the continued operation and maintenance of all service utilities and
all common areas in the project.
5. 4. ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the
construction of the principal structure, A construction operation/management
5-1
office and leasing office may be constructed after zoning approval but before
construction of any principal structures.
5. 5. ENGINEERING
A. Except as otherwise provided within this CPUD Document, this Project shall be
required to meet all County Ordinances in effect at the time final
construction documents are submitted for development approval.
5. 6. ENVIRONMENTAL
A. All principal structures shall have a minimum setback of 251 from the
boundary of any preserve. Accessory structures and all other site alterations
shall have a minimum 1 O-foot setback,
B. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit rules and be subject to review and approval
by the Environmental Services Staff, Removal of exotic vegetation shall not
be counted towards mitigation for impacts to Collier County jurisdictional
wetlands.
C. 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 shall be provided in accordance with Section 3,05.07 of
the Collier County Land Development Code.
D. A Preserve Area Management Plan shall be provided to Environmental
Services Staff for approval prior to site/construction plan approval. The
Preserve Management Plan shall identify methods to address treatment of
exotic species, fire management, and maintenance,
E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest
Plant Council, shall be removed from within preserve areas and subsequent
annual removal of these plants, in perpetuity, shall be the responsibility of the
property owner.
F. This CPUD shall be consistent with the Environmental section of the Collier
County Growth Management Plan Conservation and Coastal Management
Element and the Collier County Land Development code at the time of final
Development Order approval.
G. This CPUD shall comply with the guidelines and recommendations of the US
Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation
Commission (FWC) regarding potential impacts to protected species onsite,
A Habitat Management Plan for those protected species shall be submitted
to Environmental Services staff for review and approval prior to final Site
Plan/Construction Plan approval.
5-2
H. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted
prior to final Site Plan/ Construction Plan approval.
5.7. PLANNING
A. Pursuant to Section 2.03.07,E of the Land Development Code, if during the
course of site clearing, excavation or other construction activity a historic or
archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the
Collier County Code Enforcement Department contacted.
5. 8. ARCHITECTURAL
A. All buildings and projects within any single specific quadrant of the
Neighborhood Center Subdistrict shall utilize a common architectural theme.
This theme shall be applicable to both building design and signage.
B, All buildings shall have "Old Style Florida" metal roofs. The buildings shall have
an "Old Florida" architectural style and be finished in light, subdued colors,
except for decorative trim,
C. Pedestrian traffic shall be encouraged trlrough the placement of sidewalks,
pedestrian walkways, and marked crosswalks within parking areas. Adjacent
projects shall coordinate placement of sidewalks so that a continuous
pathway through the Neighborhood Center is created.
D. Adjacent buildings within the Big Bear Plaza CPUD shall be connected with
walkways or courtyards,
E, Drive-through establishments shall be limited to banks, with no more than 3
lanes; the drive-through areas shall be architecturally integrated with the rest
of the building.
F. The developer shall meet with the Golden Gate Estates Civic Association to
discuss the architectural components of the proposed development prior to
the submittal of a Site Development Plan application for the sUbject
property,
5.9. TRANSPORTATION
A. Access points shall be limited to one per 180 feet commencing from the
right-of-way of the major intersecting streets of the Neighborhood Center, A
maximum of three curb cuts shall be allowed,
B, Future right-of-way needs along Everglades Blvd shall be determined at the
time of site development plan submittal.
5-3
C, The developer shall provide forty (40) feet of additional right-of-way along
the north side of Golden Gate Boulevard for transportation purposes,
D. Driveways accessing parcels on opposite sides of the roadway shall be in
direct alignment except when the roadway median between the two
parcels has no opening.
E. 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)
F. 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).
G, Access points, including both driveways and proposed streets, shown on the
CPUD Master Plan are considered to be conceptual. Nothing depicted on
any such Master Plan shall vest any right of access at any specific point
along any property frontage. All such access issues shall be approved or
denied during the review of required subsequent site plan or final plat
submissions, All such access shall be consistent with the Collier County Access
Management Policy (Res. 01-247), as it may be amended from time to time,
and with the Collier County Long-range Transportation Plan. The number of
access points constructed may be less than the number depicted on the
Master Plan; however, no additional access points shall be considered unless
a CPUD Amendment is to be processed,
H, Site-related improvements (as apposed to system-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.
I. Road impact fees shall be paid in accordance with Collier County
Ordinance 04-08, as amended, and Section 6.02.01 LDC, as it may be
amended.
J. All work within Collier County rights-of-way or public easements shall require a
Right-of-way Permit.
K. All proposed median opening locations shall be in açcordance with the
Collier County Access Management Policy (Resolution 01-247), as it may be
amended, and 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
5-4
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,
L 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,
be the basis for any future cause of action for damages against the County
by the developer, its successor in title, or assignee,
M. 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,
N. 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,
0. 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,
P. A deceleration lane shall be provided on the subject property for a right-turn
from the northbound lane of Everglades Boulevard,
Q, At the time of first application for site development plan, the petitioner shall
construct or contribute up to $5,000,00 to the Collier County School District for
acquisition and/or construction of a public school bus stop. Such public
school bus stop shall be located as close as possible to the subject site and
be subject to approval by the Department of Alternative Modes of
Transportation.
5. 10. UTILITIES
Since the project site is not presently serviced with centrally provided water and
sewer, the project shall utilize well and septic systems until central water and
sewer are available.
5. 11. WATER MANAGEMENT
Surface water management for the project will be designed according to South
Florida Water Management District and Collier County design standards, The
system will attenuate the 25-year 3-day storm even as well as meet current water
quality treatment criteria. The project will provide water management within the
required preserve area.
5-5
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier CountYt Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2005-41
Which was adopted by the Board of County Commissioners
on the 26th day of July 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of August, 2005.
DWIGHT E. BROCK
Clerk of Courts and' Clerk' ,
Ex-officio to Board ~f
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County Commissioners ',-;'~ . \?
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By: Ann Jennejohn,
Deputy Clerk
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