Ordinance 2006-47
ORDINANCE NO. 06 _ 47
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 BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE
ESTATES (E) ZONING DISTRICT WITH WELLFIELD
RISK MANAGEMENT SPECIAL TREATMENT (WI)
OVERLAY (E-ST/WSl) TO THE COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT FOR A CPUD TO BE KNOWN AS THE
SNOWY EGRET PLAZA CPUD, LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF
GOLDEN GATE BOULEVARD (CR 876) AND WILSON
BOULEVARD, IN SECTION 9, TOWNSHIP 49 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 4.19 ACRES; AND BY PROVIDING
AN EFFECTIVE DATE.
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WHEREAS, Kelly Smith of Davidson Engineering, Inc., representing Black Bear
Properties of FL LLC, petitioned the Board of County Commissioners to change the
zoning classification of the subject real property pursuant to petition number PUDZ-
2005-AR-7834.
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
9, Township 49 South, Range 27 East, Collier County, Florida, is changed from the
Estates, Wellfield Risk Management Special Treatment (W-l) Overlay Zone (E-ST/WSl)
to a Commercial Planned Unit Development (CPUD) Zoning District in accordance with
the Snowy Egret Plaza CPUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The appropriate zoning atlas map or maps as described
in Ordinance Number 2004-41, as amended, the Collier County Land Development Code,
is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of
State.
PUDZ-2005-AR-7834
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PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this I[t~ day of ~Ck\lt:l- ,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
By: l'lLI1Ow.~O( .
Attest .n to, " ;"fu lerk
'1yHltUC"t O~ti"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~a~
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
. In.
Marjori . Student-Stirling
Assistant County Attorney
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PUDZ-2005-AR-7834/MJD/sp
PUDZ-2005-AR-7834
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SNOWY EGRET PLAZA CPUD
A
COMMERCIAL PLANNED UNIT DEVELOPMENT
PREPARED FOR:
Black Bear Properties of FL, LLC
840 Jung Blvd W
Naples FL 34120
PREPARED BY:
Davidson Engineering, Inc.
2154 Trade Center Way; Suite 3
Naples FL 34109
Exhibit A
DATE REVIEWD BY CCPC 9-7-06
DATE APPROVED BY BCC 10- 10-06
ORDINANCE NUMBER 2006-47
AMENDMENTS AND REPEAL
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLES ii
STATEMENT OF COMPLIANCE iij
SECTION I: PROPERTY OWNERSHIP & DESCRIPTION 1-1
SECTION II: PROJECT DEVELOPMENT REQUIREMENTS 2-1
SECTION III: COMMERCIAL DEVELOPMENT REGULATIONS 3-1
SECTION IV: PRESERVE AREA PLAN 4- 1
SECTION V: DEVELOPMENT COMMITMENTS 5-1
Section VI: DEVIATIONS 6-1
EXHIBIT "Au
LIST OF EXHIBITS AND TABLES
CPUD Master Plan
ii
STATEMENT OF COMPLIANCE
The development of approximately 4.19 acres of property in eastern Collier County as
a Commercial Planned Unit Development to be known as the Snowy Egret Plaza CPUD
will be in compliance with the planning goals and objectives of Collier County as set
forth in the Collier County GMP, The commercial facilities of the Snowy Egret Plaza
CPUD will be consistent with the growth policies, land development regulations, and
applicable comprehensive planning objectives for the following reasons:
The sUbject property is within the Neighborhood Center Subdistrict 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 uses, so as to provide for a
wider variety of goods and services in areas that have a higher degree of automobile
traffic. For the purpose of this rezone, a pharmacy or drugstore with up to two ancillary
drive through lanes to serve the pharmacy only and not located between the main
structure and an adjacent roadway will not constitute a "drive through establishment"
as prohibited by the Neighborhood Center Sub district of the Golden Gate Area
Master Plan.
1. The Snowy Egret 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
Land Development Code (LDC) 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. All final local development orders for this project are subject to the Adequate
Public Facilities sections of the LDC, as required by Objective 2 of the Future
Land Use Element.
7. The project is located within a well field protection zone and the project
development is planned to protect the function of these natural groundwater
aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-
element of the Public Facilities Element and Objective 3.1 of the Conservation
and Coastal Management Element of the GMP.
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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 Snowy Egret Plaza CPUD.
1.2 LEGAL DESCRIPTION
The subject property being 4.19 acres, is located in Section 9, Township 49 South, Range
27 East and is fully described as:
All of Tract 125, Golden Gate Estates, Unit No. 12, according to the plat thereof, as
recorded in Plat Book 4, Page 105, Public Records of Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The subject property is owned by Black Bear Properties of FL, LLC.
1 .4 PHYSICAL DESCRIPTION
The subject property is located at the southwest corner of the intersection of Golden
Gate Boulevard and Wilson Boulevard and is primarily located within the Main Golden
Gate Canal Basin. The proposed outfall for the project is to an existing Wilson Boulevard
swale along the eastern boundary of the project. Natural ground elevation varies from
12.5 feet to 13.2 feet NGVD. The subject property is also located within zone W-1 of the
Golden Gate Well Field. 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.
1.5 PROJECT DESCRIPTION
The Snowy Egret Plaza CPUD shall be a commercial development of a mixture of retail,
office and general commercial land uses. The buildings within the proposed
development will have a common architectural theme.
1 .6 SHORT TITLE
This Ordinance shall be known and cited as the "Snowy Egret Plaza Commercial
Planned Unit Development Ordinance."
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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 Snowy Egret Plaza CPUD shall be in
accordance with the contents of this Document PUD-Planned Unit
Development District and other applicable sections and parts of the LDC
and GMP in effect at the time of application for the type of development
order to which those regulations relate. Where these regulations fail to
provide developmental standards then the provisions of the most similar
district in the County LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in LDC in effect at the time of application for the type of
development order to which those regulations relate.
C. All conditions imposed and all graphic material presented depicting
restrictions for the development of the Snowy Egret 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 the LDC.
2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Project Master Plan is illustrated graphically by Exhibit "A", CPUD Master
Plan.
2.4. RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a 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.
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B. Exhibit uN, 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 with the LDC, and the platting laws of the State
of Florida.
C. The provisions of the LDC when applicable shall apply to the development of
all platted tracts, or parcels of land as provided in said LDC 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. PUD 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 provisions of the LDC.
B. The Community Development and Environmental Services Administrator, or
his designee, shall be authorized to approve minor changes and refinements
as limited by the LDC to the Snowy Egret Plaza CPUD Master Plan upon
written request of the developer,
C. 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.
D. 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.
2.6 Amendments to the PUD Document
Amendments to the CPUD Document may be made in accordance with the process
set forth in the LDC.
Maintenance of Common Areas
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A property owners association shall be established for the maintenance of all common
areas within the project unless the property is developed and owned by a single entity.
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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
and office uses with a common architectural theme,
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. Permitted Uses:
1. Accounting, auditing and bookkeeping services (group 8721).
2. Apparel and accessory stores (groups 5611--5699).
3. Auto and home supply stores (group 5531).
4. Barber shops (group 7241), except barber schools.
5. Beauty shops (group 7231), except beauty schools.
6. Business services (groups 7311, 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 power line 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, swimming pool
cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window
trimming, and yacht brokers).
7. Child day care services (group 8351).
8. Eating places with 6,000 square feet or less in gross floor area in the principal
structure (group 5812 only). All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption shall be subject to the locational requirements
of the LDC.
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9. Food stores (groups 5411--5499), within 200 feet of the south property line, stand
alone convenience stores shall not be permitted.
10. General merchandise stores (group 5399).
11 . Hardware stores (group 5251).
12, Health services (groups 8011--8049, 8082).
13. Home furniture, furnishing, and equipment stores (groups 5712--5736).
14. Insurance carriers, agents and brokers (groups 6311--6399,6411).
15. Legal services (group 8111).
16. Management and public relations services (groups 8741--8743,8748).
17. Membership organizations (groups 8611--8699).
18. Miscellaneous repair services (groups 7629--7631, 7699 bicycle repair, binocular
repair, camera repair, key duplicating, leather goods repair, locksmith shop, picture
framing, and pocketbook repair only).
19. Miscellaneous retail (groups 5912-5963, except pawnshops and building
materials, 5992-5999, except auction rooms, awning shops, gravestones, hot tubs,
monuments, swimming pools, tombstones and whirlpool baths).
20. Museums and art galleries (group 8412).
21. Non-depository credit institutions (groups 6111--6163).
22. Offices for engineering, architectural, and surveying services (groups 0781, 8711--
8713),
23. Paint glass and wallpaper stores (group 5231).
24. Personal services (groups 7212, 7215, 7216 non-industrial 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).
25. Photographic studios (group 7221).
26, Physical fitness facilities (group 7991).
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27. Public administration (groups 9111--9199,9229,9311, 9411--9451, 9512--9532,
9611--9661 ).
28. Real estate (groups 6531--6552).
29. Retail nurseries, lawn and garden supply stores (group 5261).
30. Security and commodity brokers, dealer, exchanges and services (groups 6211--
6289).
31 , Shoe repair shops and shoeshine parlors (group 7251).
32. Transportation services (group 4724), travel agencies only.
33. United States Postal Service (group 4311 except major distribution centers).
34. Veterinary services (groups 0742,0752 excluding outside kenneling).
35. Videotape rental (group 7841).
36. Any other use which is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals ("BZA").
B. Accessory Uses:
1 . Uses and structures that are accessory and incidental to the permitted uses
within the CPUD Document.
2. Caretaker's residence, in accordance with the LDC.
3. Any other use which is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals ('BZA").
3.4. PROHIBITED USES
The following principal permitted uses are prohibited within the Snowy Egret CPUD:
A. Prohibited Uses:
1. Drinking places (group 5813)
2. Liquor stores (group 5921)
3. Mail order houses (group 5961)
4, Merchandizing machine operators (group 5962)
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5. Power laundries (group 7211)
6. Crematories (group 7261) (does not include non-crematory funeral parlors)
7. Radio, N representatives (group 7313)
8. Direct mail advertising services (group 7331)
9. NEC recreational shooting ranges, waterslides, etc. (group 7999)
10. General hospitals (group 8062)
11 . Psychiatric hospitals (group 8063)
12. Specialty hospitals (group 8069)
13. Elementary and secondary schools (group 8211)
14. Colleges (group 8221)
15. Junior colleges (group 8222)
16, Libraries (group 8231)
17. Correctional institutions (group 9223)
18. Waste management (group 9511)
19. Homeless shelters and soup kitchens
20, Automobile parking (group 7521)
21 . General merchandise stores (group 5331)
22. Pawn Shop (group 5932)
23. Adult book store
24. Gasoline service stations (group 5541)
25. Automotive services (group 7549)
26. Group care facilities.
27. Individual and family social services (group 8322).
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3. 5. CONDITIONAL USES
The following uses are permissible as conditional uses, subject to the standards and
procedures established in the LDC:
1. Conditional uses permissible within the "En 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: Actual height shall be thirty-five (35) feet and one (1 )-story.
Tower features, cupolas and similar architectural features required by the LDC
shall not exceed 45 feet in actual height.
G. Open Space Requirements:
1 . 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 shall 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.
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b. Green space shall 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, man made 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 shall 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 tree for each 250 square feet of green space
area. The green space area shall use existing trees where possible
and landscaping credits will be allowed as governed by the LDC.
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 LDC, and shall be labeled "Green Space" on all subdivision
and site plans.
g. The interior landscape requirements as required by the LDC for this
CPUD shall be reduced to an amount equal to five percent of the
vehicular use area on-site.
2. A minimum of ten (10) percent of the subject property shall be
devoted to native vegetation preserve area as described in the
LDC.
H. Buffering Requirements:
1 . A twenty-five (25) foot wide buffer shall be provided along both Golden
Gate Boulevard and Wilson Boulevard. with the landscaping as required
in the Golden Gate Area Master Plan and the LDC, 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
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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 western and southern 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 50 feet of the buffer width shall consist of retained
native vegetation and shall be consistent with the LDC. Should the
adjoining parcel be rezoned for commercial purposes or as a
conditional use, the required buffer shall be reduced to 25 feet
which shall be retained as native vegetation.
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 the LDC. Any site
clearing, grading, or excavation will be in compliance with the
vegetation removal permit requirements of the LDC.
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 including an approved application or
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permit issuance 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).
I. Signs: Signs shall be permitted as described in the LDC.
J, Lighting: All lighting facilities shall be architecturally designed and shall be
limited to a height of twenty-five (25) feet. Such lighting facilities shall be shielded from
neighboring residential land uses.
K. Hours of Operation: The hours of operations shall be limited to 6 AM to 11 PM for
all non-governmental services.
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SECTION IV
PRESERVE 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 4.19 acres of native vegetation shall be devoted to natural
habitat preserve areas as described in the LDC.
4. 2. PERMITTED USES
The CPUD Master Plan provides for 0.42 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. Any clearing will
be permitted and the required preserve acreage shall be retained un-cleared.
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 the LDC. Fences
and walls are not permitted within the preserve area.
2. Native preserves.
3. Any other use deemed comparable in nature by the board of zoning appeals.
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 and any site alteration shall be required to have a minimum
setback of ten (10) feet from preserve areas.
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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
A. 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 the LDC 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,
B. 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. Ay successor or assignee in title is bound
by the commitments within this document.
5.3. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION
A. This PUD is subject to the Sunset Provisions of the LDC,
B. An annual monitoring report shall be submitted pursuant the LDC.
5. 4. ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the
construction of the principal structure. A construction operation/management office
and leasing office may be constructed after zoning approval but before construction
of any principal structures.
5. 5. ENGINEERING
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.
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5. 6. ENVIRONMENTAL
A. All principal structures shall have a minimum setback of 25' 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 adhered to in accordance with the LDC.
D. All conservation areas shall be designated as tracts/easements with protective
covenants. Conservation easements shall be dedicated on the plat to the property
owners association for ownership and maintenance and to Collier County with no
responsibility for maintenance.
E. 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.
F. 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.
G. This CPUD shall be consistent with the Environmental section of the GMP
Conservation and Coastal Management Element and the LDC at the time of final
development order approval.
H. 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.
I. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to
final site plan/construction plan approval.
J. All principal structures shall have a minimum setback of 25 feet from the
boundary of any preserve. Accessory structures and all other site alterations shall have
a minimum 1 O-foot setback.
5-2
5. 7. PLANNING
Pursuant to the LDC, 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 within any single specific quadrant of the Neighborhood Center Sub
district 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 through 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 Snowy Egret Plaza CPUD shall be connected with
walkways or courtyards.
E. Drive-through establishments shall be limited to banks and pharmacies, with no
more than 3 lanes; the drive-through areas shall be architecturally integrated with the
rest of the building.
5. 9 TRANSPORTATION
A. Access from Golden Gate Boulevard shall be designed to be located as far west
from the intersection as possible. The Golden Gate Boulevard access may be
restricted to "Right-In" only condition due to the proximity to the intersection.
B. 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.
C. 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 LDC (LDC)
D. 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).
5-3
E. 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.
F. 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.
G. All work within Collier County rights-of-way or public easements shall require a
Right-of-way Permit.
H. 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 except as defined in 5.7.A. above.
I. 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.
J. 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.
K. 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.
L. 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.
5-4
M. Shared access and parking are permitted with adjoining commercial
developments, subject to an access and/or parking agreement with the adjoining
property owner.
N. Future right-of-way needs along Wilson Boulevard and Golden Gate Boulevard
shall be determined at the time of site development plan submittal. The intersection of
Golden Gate Boulevard and Wilson Boulevard is currently under design and the exact
right-of-way needs of the County will be determined at the 30% design phase of the
Golden Gate Boulevard improvement project. The developer shall donate at no cost
to the County the reserved right of way area as defined on the master plan, not to
exceed 25 feet along Golden Gate Blvd. and 15 feet along Wilson Blvd. Should Collier
County need additional area along Wilson Blvd. to facilitate roadway improvements,
the developer will grant up to 10 additional feet in the form of an easement for the
Counties use consistent with the buffering requirements contained in the Neighborhood
Center Sub district.
5.10 UTILITIES
A. 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.
B. A 40 foot by 60 foot easement shall be provided to the County for the purpose
of providing a well field site. The exact location of the site is depicted on the
Conceptual Master Plan (Exhibit A).
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 subject to the conditions of Section 3,6.1.2 of this Document.
5-5
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iii
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2006-47
Which was adopted by the Board of County Commissioners
on the loth day of October, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 18th
day of October, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~ h~O-(.
By: Ann Jennejohn~
Deputy Clerk