Ordinance 2006-50
ORDINANCE NO. 06- 50
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, 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 FOR A
PROJECT KNOWN AS CREEKSIDE COMMERCE
PARK FROM POO TO COMMERCIAL PLANNED
UNIT DEVELOPMENT (CPOO) FOR A PROJECT TO
BE KNOWN AS CREEKSIDE COMMERCE PARK
CPOO LOCATED, IN SECTION 27, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 105 ACRES; PROVIDING
FOR THE REPEAL OF ORDINANCE NUMBERS 97-51
AND 06-41, THE FORMER CREEKSIDE COMMERCE
PARK POO AND CREEKSIDE COMMERCE PARK
CPOO; AND BY PROVIDING AN EFFECTIVE DATE.
described real property, known as petition POOA-2005-A-R-8832;
,
petitioned the Board of County Commissioners to change the zoning classification ofthe heJ1ein "tJ
. ,
WHEREAS, D. Wayne Arnold of Q. Grady Minor, representing Creekside .West, Inc.,
.' '-.:-,"'11
.' ' ~i
NOW, THEREFORE, BE IT ORDAINED BY the BOARD OF'. COuNTY' 4
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
SECTION ONE:
l.-.~ , ; .
: ~.,_\
The zoning classification of the herein described real property located in Section 27,
Township 48 South, Range 25 East, Collier County, Florida, is changed from "POO" and/or
"CPUD" to "CPUD" Commercial Planned Unit Development known as the Creekside
Commerce Park CPOO in accordance with the CPOO Document, attached hereto as Exhibit "A",
which is incorporated herein and by reference made part hereof The appropriate zoning atlas
map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 97-51, known as the Creekside Commerce Park POO, adopted on
October 21, 1997, and Ordinance Number and 06-41, adopted on September 12, 2006, by the
Board of County Commissioners of Collier County, is hereby repealed in its entirety.
Page 1 of JZ
.. __. ___."..._o__.."~___
SECTION THREE:
This Ordinance shall become effective upon approval of POOZ-2005-AR-8833 Naples
Daily News BPPOO and filing with the Florida Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this }.i./~ay of C (' t( .f)" " ,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~tLS;LUa<4lc
lt~i"u ~;. ;{.l'..o;;~~pu.ty Clerk
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BY:
~.;?-=2~./
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency
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I ~. "",....(1:~ '..A.-C m ' /JoifU_d...~~GI::.. -- ~f_'(",.-1_,oj^
MaIjocie M. Student-Stirling'
Assistant County Attorney
PU DA-2005...AR-8832/MJ D/sp
This ordinance filed with the
Secretary of StatEt's Office the 1_
3L day of C::X:rn 10 ~ y- ~lU
ond ocknowledgemenj" ~ that
fili~ received ttlis ~ cloy
of ~~~t~')x
Deputy Cl~k
Page 2 of 1.;:''..
-- "-"-'_,_~-,---
CREEKSIDE COMMERCE PARK
A PLANNED UNIT DEVELOPMENT
PREPARED FOR
BARRON COLLIER PARTNERSHIP
CREEKSIDE COMMERCE PARK
Amended PUD (clean).DOC
A
PLANNED UNIT DEVELOPMENT
106::1: Acres Located in Section 27
Township 48 South, Range 25 East
Collier County, Florida
PREPARED FOR:
BARRON COLLIER PARTNERSHIP
2640 Golden Gate Parkway
Naples, FL 34105
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, INe.
3200 Bailey Lane, Suite 200
Naples, Florida 34105
YOUNG, VAN ASSENDERP & VARNADOE, P.A.
801 Laurel Oak Drive, Suite 300
Naples, Florida 34101
AMENDED DECEMBER 2005 BY:
Q. GRADY MINOR AND ASSOCIATES, P.A.
3800 Via Del Rey
Bonita Spring, Florida 34134
ROETZEL AND ANDRESS, L.P.A.
850 Park Shore Drive, 3rd Floor
Naples, Florida 34103
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE
11
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, &
GENERAL DESCRIPTION
1-1
SECTION II
COMMERCE PARK DEVELOPMENT
2-1
2.1 Purpose
2.2 General Description Of The Park and Proposed Land Uses
2.3 Compliance With County Ordinances
2.4 Community Development District
2.5 Land Uses
2.6 Lake Siting
2.7 Fill Storage
2.8 Use Of Right-Of-Way
2.9 Sales Office and Construction Office
2.10 Changes and Amendments To PUD Document Or PUD Master Plan
2.11 Preliminary Subdivision Plat Phasing
2.12 Open Space and Native Vegetation Retention Requirements
2.13 Surface Water Management
2.14 Environmental
2.15 Utilities
2.16 Transportation
2.17 Common Area Maintenance
2.18 Design Guidelines and Standards
2.19 Landscape Buffers, Berms, Fences and Walls
2.20 Signage
2.21 General Permitted Uses
SECTION III INDUSTRIAL/COMMERCE DISTRICT 3-1
SECTION IV BUSINESS DISTRICT 4-1
SECTION V PRESERVE AREA 5-1
EXHIBIT A AERIAL PHOTOGRAPH, LOCATION MAP
(WMB&P File No. RZ-255A)
EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN
(WMB&P File No. RZ-255B)
Amended PUD (clean),DOC
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of the Barron Collier Partnership, hereinafter
referred to as Barron Collier or the Developer, to create a Planned Unit Development (PUD) on
106::l:: acres of land located in Section 27, Township 48 South, Range 25 East, Collier County,
Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The
development of Creekside Commerce Park will be in substantial compliance 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 thereunder of the
Growth Management Plan Future Land Use Element and other applicable regulations for the
following reasons:
1. The subject property is within the Urban Mixed Use District as identified on the Future Land
Use Map which allows certain industrial and commercial uses. The Urban designation also
allows support medical facilities, offices, clinics, treatment, research and rehabilitative
centers and pharmacies provided they are located within 1/4 mile of the property boundary
of an existing or approved hospital or medical center.
2. The existing Industrial zoning is considered consistent with the Future Land Use Element
(FLUE) as provided for by Policy 5.9 and 5.11 of the FLUE.
3. The FLUE Urban-Industrial District allows for expansion of the industrial land use provided
the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned
industrial the land use is compatible with adjacent land uses and the necessary infrastructure
is provided or in place. Creekside Commerce Park has expanded the industrial land use
accordingly.
4. The FLUE Urban-Industrial District requires the uses along the boundaries of the project to
be transitional. Creekside Commerce Park has included transitional uses accordingly.
5. Creekside Commerce Park is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the FLUE.
6. Improvements are planned to be in substantial compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
7. The development of Creekside Commerce Park will result in an efficient and economical
extension of community facilities and services as required in Policies 3.1.H and L of the
FLUE.
8. Creekside Commerce Park is a master planned, deed-restricted commerce park and is
planned to encourage ingenuity, innovation and imagination as set forth in the Collier
County Land Development Code (LDC), Planned Unit Development District.
9. This master planned park will incorporate elements from the existing Industrial, Business
Park and Industrial PUD sections of the LDC.
Amended PUD (c1ean).DOC
11
SHORT TITLE
This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED
UNIT DEVELOPMENT ORDINANCE".
Amended PUD (clean).DOC
111
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this section is to set forth the legal description and ownership of Creekside
Commerce Park, and to describe the existing condition of the property proposed to be
developed.
1.2 LEGAL DESCRIPTION
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more
particularly described as follows;
COMMENCING at the northwest comer of said Section 27;
thence along the north line of said Section 27 South 89045'21" East 1869,61 feet;
thence leaving said line South 00014'39" West 125,00 feet to a point on the south right of way line of
lmrnokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described;
thence along said right of way line in the following Six (6) described courses;
1) South 89045'21" East 485.99 feet;
2) South 00014'39" West 10.00 feet;
3) South 89045'21" East 150.19 feet;
4) South 89048'33" East 716.81 feet;
5) North 05034'33" West 10.05 feet;
6) South 89048'33" East 486.21 feet to a point on the west right of way line ofGoodlette Road as
recorded in Plat Book 3, page 58, Public Records of Collier County, Florida;
thence along said line South 05033'48" East 1767.02 feet;
thence leaving said line South 89020'53" West 51.18 feet;
thence North 23055'53" West 13.07 feet;
thence northwesterly, 30,71 feet along the arc of a circular curve concave to the northeast, having a radius
of80.00 feet, through a central angle of 21 059'52" and being subtended by a chord which bears North
12055'57" West 30.53 feet;
thence North 05000'53" West 31.56 feet;
thence North 36019'20" West 32.02 feet;
thence North 56004'35" West 35.11 feet;
thence North 80039'15" West 32,53 feet;
thence North 88039'12" West 97.78 feet;
thence North 86004'40" West 45,79 feet;
thence North 89049'48" West 132.77 feet;
thence North 69040'10" West 37,23 feet;
thence South 89020'53" West 142.47 feet;
thence South 84059'26" West 24.66 feet;
thence South 74056'50" West 121.32 feet;
thence South 79049'59" West 45,93 feet;
thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to the northeast,
having a radius of 66,00 feet, through a central angle of 39030' 16" and being subtended by a chord which
bears North 80024'53" West 44.61 feet to a point of compound curvature;
thence northwesterly, 52.92 feet along the arc ofa circular curve concave to the southwest, having a
radius of 150.00 feet, through a central angle of 20012'57" and being subtended by a chord which bears
North 70046'13" West 52,65 feet;
thence North 80052'42" West 36.59 feet;
Amended PUD (clean),DOC
1-1
8/22/2006
thence westerly and southwesterly, 46.18 feet along the arc of a circular curve concave to the southeast,
having a radius of 80.00 feet, through a central angle of33004' 14" and being sub tended by a chord which
bears South 82035' 11 " West 45.54 feet to a point of compound curvature;
thence southwesterly and westerly, 38.16 feet along the arc of a circular curve concave to the northwest,
having a radius of 60.00 feet, through a central angle of36026' 19" and being subtended by a chord which
bears South 84016' 14" West 37.52 feet to a point of compound curvature;
thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to the southwest,
having a radius of 305,00 feet, through a central angle of 12055'59" and being subtended by a chord
which bears North 83058'36" West 68,70 feet;
thence South 89033'25" West 18,36 feet;
thence South 89039' 19" West 71.63 feet;
thence North 89034'56" West 36.03 feet;
thence South 86006'41" West 42,94 feet;
thence South 83044'16" West 26.23 feet;
thence South 51001 ' 13 " West 27.49 feet;
thence South 33025'50" West 19.95 feet;
thence South 15040'05" West 20.54 feet;
thence South 10054'39" West 34.64 feet;
thence South 89020'14" West 101.06 feet;
thence North 10046'06" East 101.42 feet;
thence North 89020'53" East 65.45 feet;
thence North 00039'07" West 100.64 feet;
thence South 89020'53" West 503.78 feet;
thence North 00039'07" West 27,71 feet;
thence North 72058'55" West 131.30 feet;
thence North 02008'56" West 1473.29 feet to a point on the south right of way line of said lmmokalee
Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described;
Containing 69.48 acres more or less;
Subject to easements and restrictions of record.
Bearings are assumed and based on the north line of said Section 27 being South 89049'40" East.
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more
particularly described as follows;
Commencing at the northeast comer of said Section 27;
thence along the east line of said Section 27, South 0 I 009' 43" East 125.00 feet to a point on the south right
of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein
described;
thence continue along said east line South 01009'43" East 1189.62 feet;
thence leaving said line South 89048'50" West 677.35 feet;
thence South 05035'39" East 886.02 feet;
thence South 89048'50" West 400,00 feet to a point on the easterly right of way line of Goodlette Frank
Road as Recorded in Plat Book 13, page 58, Public records of Collier County, Florida;
thence along said line North 05035'39" West 2088.10 feet to a point of the south right of way line of said
Immokalee Road (S.R, 846);
thence along said line South 89049'40" East 1168.55 feet;
thence continue along said line South 89012'58" East 1.85 feet to the POINT OF BEGINNING of the
parcel herein described;
Containing 38,9 acres more or less;
Subject to easements and restrictions of record.
Bearings are assumed and based on the north line of said Section 27 being South 89046'26" East.
Amended PUD (clean).DOC
1...2
8/22/2006
LESS
A PORTION OF TRACTS "R" AND "Ll" CREEKSIDE COMMERCE PARK WEST-UNIT
ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARY
DESCRlBED AS FOLLOWS:
BEGIN AT THE NORTHWESTERL YMOST CORNER OF TRACT "R" (CREEKSIDE WAY)
CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29
AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORlDA; THENCE RUN SOUTH 89045'00" EAST, ALONG THE SOUTH RIGHT-OF-WAY
OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH
00025'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60002'56"
EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82032'14" EAST FOR A
DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT "Ll" OF SAID
CREEKSIDE COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF
LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN
SOUTH 00007'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET
TO A POINT ON THE NORTH RlGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN
NORTH 89058'01" WEST, ALONG SAID NORTH RlGHT-OF-WAY FOR A DISTANCE OF
456.64 FEET TO A POINT ON THE WEST RlGHT-OF-WAY OF SAID TRACT "R";
THENCE RUN NORTH 02019'57" WEST, ALONG SAID WEST RlGHT-OF-WAY FOR A
DIST ANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32
ACRES, MORE OR LESS.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the equitable ownership or control of Barron Collier
Partnership, or its assigns, whose address is 2640 Golden Gate Parkway, Naples, FL 34105.
1.4 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Section 27, Township 48 South, Range 25 East, and is
generally bordered on the west by Agriculturally zoned and developed property; on
the north, across Immoka1ee Road by office and medical (North Collier Hospital)
PUD zoned and developed property; on the east by Medical Office Park currently
under development, County Park and County Wastewater Treatment Facility; and on
the south by POD and County Wastewater Treatment Facility. The location of the
site is shown on Exhibit A Aerial Photograph, Location Map.
B. The zoning classification of the subject property at the time of POD application is I
(Industrial) and A (Agricultural).
C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm
Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park
property is located within Zones "AE-11" of the FEMA flood insurance rate.
Topographic mapping is shown on Exhibit G.
Amended PUD (clean),DOC
1...3
8/22/2006
D. The soil types on the site generally include Riviera limestone substratum, Copeland
fme sand, Pineda fine sand, lmmokalee fine sand, Myakka fine sand, Basinger fine
sand, Riveria fine sand, Ft. Drum and Malabar fine sand, and Satellite fme sand Soil
Conservation Service mapping of soil types is shown on Exhibit D.
E. Prior to development, vegetation on the site primarily consists of active croplands
and small amounts of pine flatwoods. An isolated wetland system is located along
the south side of Immokalee Road west of Goodlette-Frank Road. This wetland
consists primarily of Brazilian pepper that surrounds a small willow area. The
wetland on the east side of Goodlette-Frank Road consists primarily of cabbage
palms. A portion of the historic water course within this wetland has been
channelized. Brazilian pepper has infested the northern part of this wetland. A
detailed vegetation mapping is shown on Exhibit C.
F. The project site is located within the Pine Ridge Canal and West Branch
Cocohatchee River sub-basins, as depicted within the Collier County Drainage Atlas
(July, 1995). The Conceptual Stormwater Management Master Plan is shown on
Exhibit H.
1.5 DEVELOPMENT OF REGIONAL IMPACT
Creekside Commerce Park does not meet the minimum thresholds for a Development of
Regional Impact (DRI), pursuant to Chapter 380.06, Florida Statutes, 1997, in that it is at or
below 80% of all numerical thresholds in the guidelines and standards set forth therein.
Amended PUD (clean),DOC
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8/2212006
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for Creekside
Commerce Park (park), and to identify relationships to applicable County ordinances,
policies, and procedures.
2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES
A. Creekside Commerce Park will consist of predominately industrial, warehouse,
wholesale, financial institutions, business and office uses, with limited amounts of
retail uses. Creekside Commerce Park shall establish project-wide guidelines and
standards to ensure a high and consistent level of quality for proposed features and
facilities.
B. The Master Plan is illustrated graphically on Exhibit B (WMB&P, Inc. File No. RZ-
225B). A Land Use Summary indicating approximate land use acreages is shown on
the plan. The location, size, and configuration of individual tracts shall be
determined at the time of Preliminary Subdivision Plat approval with minor
adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of
the Collier County Land Development Code (LDC).
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of Creekside Commerce Park shall be in accordance
with the contents of this PUD Ordinance, and to the extent they are not inconsistent
with this PUD Ordinance, applicable sections of the LDC and Collier County
Growth Management Plan which are in effect at the time of issuance of any
development order. Where this PUD Ordinance does not provide developmental
standards, then the provisions of the specific section of the LDC that is otherwise
applicable shall apply to which said regulations relate,
B. Unless otherwise defined herein, or as necessarily implied by context, the defmitions
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 permitted by the approval of this Pun will be subject to the Adequate
Public Facilities Ordinance, Division 3.15 of the LDC.
D. All conditions imposed herein or as represented on the Creekside Commerce Park
Master Plan are part of the regulations which govern the manner in which the land
may be developed.
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8/22/2006
E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall
apply to Creekside Commerce Park, except where an exemption is set forth herein or
otherwise granted pursuant to LDC Section 3.3.4.
F. The Developer shall submit to the County an annual PUD monitoring report in
accordance with LDC Section 2.7.3.6.
2.4 COMMUNITY DEVELOPMENT DISTRICT
A. The Developer may elect to establish a Community Development District (CDD)
pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain
infrastructure and community facilities needed to serve the park. A CDD would
constitute a timely, efficient, effective, responsive and economic way to ensure the
provision of facilities and infrastructure for the proposed development. Such
infrastructure as may be constructed, managed and fmanced by the CDD shall be
subject to, and shall not be inconsistent with, the Collier County Growth
Management Plan and all applicable ordinances dealing with planning and
permitting of Creekside Commerce Park.
B. The land area is amenable to infrastructure provision by a district that has the powers
set forth in the charter of a Community Development District under Section 190.006
through 190.041, Florida Statutes. Such a district is a legitimate alternative available
both to the County and to the landowner for the timely and sustained provision of
quality infrastructure under the terms and conditions of County development
approval.
2.5 LAND USES
A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes
and variations in building tracts, location and acreage of these uses shall be permitted
at preliminary subdivision plat approval, preliminary site development plan approval
and final site development plan approval 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 individual
tracts and the assignment of square footage or units shall be determined at the time of
site development plan approval.
B. Roads and other infrastructure may be either public, private or a combination of
public and private, depending on location, design and purpose. The request for a
road to be public shall be made by the Developer at the time of fmal subdivision plat
approval. The Developer or its assignees shall be responsible for maintaining the
roads, streets, drainage, common areas, water and sewer improvements where such
systems are not dedicated to the County. Standards for roads shall be in compliance
with the applicable provisions of the County Code regulating subdivisions, unless
otherwise approved during subdivision approval. The Developer reserves the right
Amended PUD (clean).DOC
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8/22/2006
to request substitutions to Code design standards in accordance with Section 3.2.7.2.
of the LDC.
2.6 LAKE SITING
A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal
of this Master Plan is to achieve and overall aesthetic character for the park, to
permit optimum use of the land, and to increase the efficiency of the water
management network. Fill material from lakes is planned to be utilized within the
park; however, excess fill material may be utilized off-site. The volume of
material to be removed shall be limited to ten percent of the calculated excavation
volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more
off-site, a commercial excavation permit will be required. Final lake area
determination shall be in accordance with the South Florida Water Management
District stormwater criteria and Section 3.5.7. of the LDC.
1. Setbacks: Excavations shall be located so that the control elevation shall
adhere to the following minimum setback requirements, subject to
approval of County staff at time of final construction plan approval:
a) Twenty feet (20') from right-of-way of internal roads. The roads
will be designed to (AASHTO) road standards and shall
incorporate such factors as road alignment, travel speed, bank
slope, road cross sections, and need for barriers.
b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road
rights-of-way. Perimeter property lines will have a setback of
twenty feet (20'). The roads will be designed to (AASHTO) road
standards and shall incorporate such factors as road alignment,
travel speed, bank slope, road cross sections and need for barriers.
2.7 FILL STORAGE
A. Fill storage is generally permitted as a principal use throughout the Creekside
Commerce Park PUD. Fill material generated from properties owned or leased by
the Developer may be transported and stockpiled within areas which have been
disturbed. Prior to stockpiling in these locations, the Developer shall notify the
Community Development and Environmental Services Administrator per Section
3.2.8.3.6. of the LDC. The following standards shall apply:
1. Stockpile maximum height: Thirty-five feet (35')
2. Fill storage areas in excess of five feet (5') in height shall be separated from
developed areas by fencing, excavated water bodies or other physical barriers
if the side slope of the stockpile is steeper than 4 to 1 (i,e. 3 to I).
Amended PUD (clean).DOC
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8/22/2006
a) Soil erosion control shall be provided in accordance with LDC
Division 3.7.
2.8 USE OF RIGHTS-OF-WAY
Utilization of lands within all park rights-of-way for landscaping, decorative entrance ways,
and signage shall be allowed subject to review and administrative approval by the Developer
and the Community Development and Environmental Services Administrator for
engineering and safety considerations during the development review process.
2.9 SALES OFFICE AND CONSTRUCTION OFFICE
Sales offices, construction offices, and other uses and structures related to the promotion and
sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be
permitted principal uses throughout Creekside Commerce Park. These uses may be either
wet or dry facilities. 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, with the exception that the temporary use
permit shall be valid through the life of the project with no extension of the temporary use
required. These uses may use septic tanks or holding tanks for waste disposal subject to
permitting under F.A.C. 10D-6 and may use potable water or irrigation wells.
2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
A. Changes and amendments may be made to this PUD Ordinance or PUD 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.
B. The Community Development and Environmental Services Administrator shall be
authorized to approve minor changes and refinements to the Creekside Commerce
Park Master Plan upon written request of the Developer or his assignee.
C. The following limitations shall apply to such requests:
1) The minor change or refmement shall be consistent with the Collier County
Growth Management Plan and the Creekside Commerce Park PUD
document.
2) The minor change or refinement shall not constitute a substantial change
pursuant to Section 2.7.3.5.1. of the LDC.
3) The minor change or refinement shall be compatible with external adjacent
land uses and shall not create detrimental impacts to abutting land uses, water
management facilities, and conservation areas within or external to the PUD.
D. The following shall be deemed minor changes or refmements:
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I) Reconfiguration of lakes, ponds, canals, or other water management facilities
where such changes are consistent with the criteria of the South Florida
Water Management District and Collier County.
2) Internal realignment of rights-of-ways.
3) Reconfiguration of parcels per Section 5.5 of this PUD.
E. Minor changes and refmements as described above shall be reviewed by appropriate
Collier County staff to ensure that said changes and refmements are otherwise in
compliance with all applicable County Ordinances and regulations prior to the
Community Development and Environmental Services Administrator's
consideration for approval.
F. Approval by the Community Development and Environmental Services
Administrator of a minor change or refmement may occur independently from and
prior to any application for Subdivision or Site Development Plan approval, however
such approval shall not constitute an authorization for development or
implementation of the minor change or refmement without first obtaining all other
necessary County permits and approvals.
2.11 PRELIMINARY SUBDIVISION PLAT PHASING
Submission, review, and approval of Preliminary Subdivision Plats for the park may be
accomplished in phases to correspond with the planned development of the property.
2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS
The PUD will fully comply with all sections of the LDC and meet the requirements of the
Growth Management Plan relating to open space and retention of native vegetation.
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........,-.--,.-...."""...-. " ~ -. -,_,,'---""--'-"
2.13 SURF ACE WATER MANAGEMENT
In accordance with the Rules of the South Florida Water Management District
(SFWMD), Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event
of 3-day duration and 25-year return frequency. The lake originally approved as Lake L-
1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with
the approved plat and approved South Florida Water Management District Permit.
2.14 ENVIRONMENTAL
Environmental permitting shall be in accordance with the State of Florida Environmental
Resource Permitting (ERP) Rules, and shall further be subject to review and approval by
Collier County Planning Services Department Environmental Review Staff.
2.15 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.
2.16 TRANSPORTATION
A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee
Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall
be in place prior to the issuance of any Certificates of Occupancy for a use that
utilizes the perspective/associated entrance.
B. There shall be a full access intersection at the park's southern entrance on
Goodlette Frank Road. When justified by traffic warrants, this intersection shall
be signalized, notwithstanding its proximity to Immokalee Road.
C. Future access points to Immokalee and Goodlette-Frank Roads are those shown
on the Creekside Commerce Park Master Plan.
D. Arterial level street lighting shall be provided by the Developer at the park's main
entrance in conjunction with the development of this entrance.
E. Road impact fees shall be paid in accordance with the provisions of Ordinance
92-22, as amended.
F. The Developer shall provide the appropriate easements or reserve right of way so
that the southerly access road west of Goodlette Frank Road may be
interconnected to the properties to the west of Creekside Commerce Park.
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G. The Developer shall provide a fair share contribution toward the capital cost of
traffic signals at any project access when deemed warranted by Collier County.
The signal shall be owned, operated and maintained by Collier County,
H. The Developer agrees to complete construction of the segment of internal
roadway that connects Goodlette-Frank Road to the I1C parcel (herein called
"southern parcel") that is west of Goodlette Road and abuts Pelican Marsh prior
to the first of the following to occur:
1) The issuance of a certificate of occupancy for the "southern parcel";
2) The issuance of a certificate of occupancy on the second business parcel to
be developed west of the Pine Ridge Drainage Easement;
3) Within 3 years of approval of this PUD; or
4) Within 9 months of obtaining "grant" money or other funds for
construction of such infrastructure from an outside source.
I. The I/C parcels west of the Pine Ridge Drainage Easement and immediately north
of the south road shall connect for service and employee access at the time that
the south road is extended to a point that they may connect.
J. The Developer agrees to provide the County with an update of the Transportation
Impact Statement (TIS) at the time of submittal of a Preliminary Subdivision Plat
or Site Development Plan.
K. The Goodlette-Frank Road southernmost access to the I/C parcel east of
Goodlette-Frank Road shall be limited to a right-in/right-out access,
2.17 COMMON AREA MAINTENANCE
Most common area maintenance will be provided by the CDD or by a Property Owner's
Association (POA). The CDD or the POA, as applicable, shall be responsible for the
operation, maintenance, and management of the surface water and stormwater management
systems and reserves serving Creekside Commerce Park, in accordance with any applicable
permits from the South Florida Water Management District.
2.18 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.
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B. Creekside Commerce Park is planned as a functionally interrelated business park
under unified control. The Developer will establish community-wide guidelines
and standards to ensure a high level of quality for both the common areas and the
individual parcel developments.
C. These guidelines will serve as a control for individual parcel development, and be
referred to as The Declaration of Covenants, Conditions and Restrictions for
Creekside Commerce Park. The level of quality defined in this document is
directed towards the creation of an attractive business environment, and these
standards are the basis for evaluation of projects submitted for review to the
Property Association's Architectural and Landscaping Committee, referred to as
the ALC. The standards in this document will include criteria for site planning,
architectural design, lighting, landscaping, and graphics and signage.
D. The specific design guidelines will act as supplemental standards to the
requirements of this Planned Unit Development Ordinance, and other County
codes, but in no way supersede them.
1. Common Areas
The master design of the park's entries and signage, streetscapes, and open
space areas will form a harmonious framework that visually links the
entire park together. This unified appearance will enhance the image of
the entire community. Internal roadways will provide efficient vehicular
circulation with streetscapes that create pleasant neighborhood
environments. Streetscape plans will be designed to establish a hierarchy
of landscape improvements appropriate in scale and character with the
function of the street and adjacent land uses. Along these streetscapes a
pedestrian walkway system will be established to link each project with
the overall community.
2. Individual Projects
A. Site Planning: Each individual parcel project will provide a visually
appealing, articulated, identifiable path of entry for pedestrians and
vehicles from the street to the site and from the site to the buildings
themselves. The orientation of a building or structure upon a site
will not only reflect the project's functional need, but will also be
responsive to the individual parcel's characteristics and be sensitive
to adjacent land uses and the surrounding community.
B. Architectural standards: The objective of the architectural standards
will be to promote the creation of an attractive, value-apparent
business environment. Design elements throughout a project must
be consistent with the nature of the chosen style and building
materials selected. Project design should endeavor to adhere to the
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classical principles of design and avoid cliches, overly complex or
garish motifs, while seeking to invoke a "timeless" quality.
C. Lighting: The guidelines for lighting will establish a continuity of
design for all lighting in the park which is consistent with the overall
visual impression of the park.
D. Landscaping: The purpose of landscape design guidelines within
individual projects is to guide development toward harmonious and
visually pleasing landscape that is cohesive with the overall master
landscape plan. The Creekside landscape concept will have a
naturalistic theme. Similar to the overall project's plant palette,
individual sites will be dominated with plants that are native, xeric,
or naturalized within Southwest Florida. Landscape designs will
create a coherent theme which emphasizes plant material as a
primary unifying element.
1. Landscape elements along public R.O.W.s will be
complimentary to streetscape landscaping. Parcel entries will
be designed to harmonize with adjacent streetscape
landscaping, and clearly accentuate, the parcel entry.
2. Individual parking lots will be screened from the roadways as
much as possible, without obscuring views of the building
entrances. In addition, plant materials used around main
entrances of buildings will visually cue visitors to their
location.
E. Graphics/signage: The guidelines serve to provide continuity of
design for all signage in the park which is consistent with the overall
visual impression of the park. Parcel signage serves the
identification needs of the individual tenants and user.
2.19 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Creekside Commerce Park. Required buffer treatments shall terminate at
entrances to accommodate entrance treatments and at lakes to accommodate views into the
park. The following standards shall apply:
A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the
time of subdivision improvement per construction phase and will have the
following characteristics:
1) Minimum width of20'-O", measured from the R.O.W.
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2) Adjacent to Business District type uses within the Business District, trees will
be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.c.),
planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In
addition, a continuous 24" high shrub hedge shall be provided within the 20'
buffer.
B. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed
at the time of subdivision improvement per development phase and will have the
following characteristics:
1) Minimum width of20'-0", measured from the R.O.W.
2) Adjacent to Business District type uses within the Business and
Industrial/Commerce (I/C) Districts, trees will be native, xeric, or naturalized
canopy trees, spaced at 25' O.c., planted at an initial height of 12' O.A., with
a 6' spread. At the time of individual lot improvements, hedges will be placed
at parking lot edges to satisfy the requirements ofLDC Section 2.4.7.4.
3) Adjacent to industrial type uses within the Industrial/Commerce District, trees
will be native, xeric or naturalized canopy trees, spaced at 25' O.c., planted at
an initial height of 12' O.A, with a 6' spread. Trees will be placed on a berm,
3 feet high and supplemented with a 5 foot high hedge consisting of but not
limited to the following plant material: coco plum, viburnam, ficus. The
intent will be to obtain 80% opacity within one year of planting for travelers
on Goodlette-Frank Road.
C. Landscape buffers surrounding the perimeter of the park will be installed at the
time of subdivision improvement per construction phase. The buffers are
referenced on Exhibit B, and proceed in a clockwise direction from the northeast
corner of the project as follows:
1) The landscape buffer along the eastern most property boundary, north of the
preserve area, as depicted on Exhibit B, shall consist of an Alternative "A"
type buffer. Any preservation areas within this buffer may be credited toward
buffering requirements.
2) The preserve area along the balance of the eastern most property boundary
will serve as the buffer between uses.
3) The Developer will provide a five feet (5') wide Alternative "A" type buffer
with trees planted fifty feet (50') on center between the business use and the
preserve/lake area, as depicted on Exhibit B.
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4) The Developer will provide a five feet (5') wide Alternative "A" type
landscape buffer with trees planted fifty feet (50') on center along the eastern
property boundary contiguous to the Collier County Sewage Treatment Plant.
5) The landscape buffer along the southern most property boundary, east of
Goodlette-Frank Road, shall be a five feet (5') wide Alternative "A" type
buffer with trees planted fifty feet (50') on center. An opaque hedge six feet
(6') high will be planted to supplement the existing oak tree buffer planted by
the County at the Collier County Sewage Treatment Plant.
6) The existing landscape bermlbuffer from Goodlette Frank Road to the west
side of the Pine Ridge Drainage Easement will be supplemented as follows: a
type "A" buffer along the proposed lake; and the remaining area westward of
the lake will be supplemented to consist of 50 sabal palms, 8'-14' a.A. and 4
Ficus nitida 12'-13' a.A. and 6'-8' wide; locations to be coordinated with the
adjacent property owner.
7) The Developer will provide a ninety percent (90%) opaque landscape buffer
and berm between the I/C District and the Pelican Marsh PUD from the west
side of the Pine Ridge Drainage Easement to the existing berm to the west,
that approximates the existing Pelican Marsh berm/buffer. This buffer will be
installed concurrent with any I/C construction west of the Pine Ridge
Drainage Easement. The buffer shall meet ninety percent (90%) opacity
within one (I) year of planting.
8) The Developer will supplement with additional trees the buffer along the
remaining portion of the southern property line westward to achieve a ninety
percent (90%) opaque buffer. This buffer will be installed concurrent with
any I/C construction west of the Pine Ridge Drainage Easement.
9) The landscape buffer between the I/C District and the adjacent Agricultural
District along the southern portion of the western property line will be an
Alternative "A" type buffer.
10) The landscape buffer between the R.O.W. and the adjacent Agricultural
District to the west will be an Alternative "A" type buffer and be incorporated
into the R.a.w.
D. Maximum fence or wall height internal to the PUD: Twelve feet (12').
E. Landscape buffers, berms, fences and walls will be constructed along the perimeter
of the Creekside Commerce Park POO boundary concurrent with subdivision and
site development construction phase, except where noted in this document.
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F. Sidewalks, water management systems, drainage structures, and utilities may be
allowed in landscape buffers pursuant to review and approval of the Development
Services Administrator.
G. Landscape berms located within the Creekside Commerce Park PUD boundary and
contiguous to a property line and/or right-of-way line may be constructed such that
the toe of slope is located on the property line and/or encroaches into the right-of-
way line when approved by the applicable owner or agency.
2.20 SIGNAGE
A. GENERAL
1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide
for the required comprehensive sign plan for the Creekside Commerce Park
2) Each platted parcel shall be considered a separate parcel of land.
3) Signs and decorative landscaped entrance features within a County dedicated
right-of-way, shall require a right-of way permit subject to the review and
approval of the County.
4) All signs shall be located so as not to cause sight line obstructions.
B. PARK ENTRY SIGNS
1) Major park entry signs shall be located as depicted on Exhibit B. Each sign
will not exceed 160 square feet in size on any side and signs will be no longer
than 25 feet in length and 8 feet in height.
2) Minor park entry signs shall be located as depicted Exhibit B. Each minor
monument sign will not exceed 100 square feet in size on any side. Minor
monument signs will be no larger than 20 feet in length and 6 feet in height.
C. INTERNAL SIGNS
1) Directional or identification signs are allowed within the business park. Such
signs may be used to identify the location or direction of approved uses such
as sales centers, information centers, etc. Individual signs may be a maximum
of 4 square feet per side in size, or signs maintaining a common architectural
theme may be combined to form a menu board with a maximum size of 25
square feet per side, and a maximum height of 8 feet. No building permit is
required unless such signs are combined to form a menu board.
2) Grand Opening signs: The Developer or parcel owner may display an on-site
grand opening sign not exceeding 32 square feet on a side, and not exceeding
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64 square feet total. Banner signs shall be anchored and may be displayed on-
site for a period not exceeding 14 days within the first three months that the
Developer/occupant is open for business.
D. USER SIGNS
1) Wall, mansard, canopy or awning signs: One wall, mansard, canopy or
awning sign may be permitted for each single-occupancy facility, or for each
establishment in a multiple-occupancy facility. Comer units within multiple-
occupancy facilities, or multi-frontage single-occupancy facilities shall be
allowed two signs, but such signs shall not be combined for the purpose of
placing the combined area on one wall. However, the combined area of those
signs shall not exceed the maximum allowable display area for signs by this
ordinance.
a. The maximum allowable display area for signs may not be more than 15
percent of the total square footage of the visual facade of the building to
which the sign will be attached and may not, in any case, exceed 200
square feet in area for any sign.
2) Monument and Pole signs: One (1) monument or pole sign is permitted for
each lot or parcel for each external and internal road frontage(s).
a. Maximum allowable sign area: 60 square feet per side, if two-sided
b. Maximum allowable height: 15 feet for pole signs, 8 feet for monument
SIgns.
c. Internal road frontage setbacks: A minimum of fifteen feet (15') from the
edge of pavement. Signs may encroach within the right-of-way subject to
maintaining safe site distance triangles as per Section 2.4.4,16. of the LDC
and when approved by the Community Development and Environmental
Services Administrator and applicable utility.
d. External road frontage setbacks: Pole signs shall be setback from any
external right-of-way in accordance with the applicable section of the
LDC. Monument signs may be permitted closer to the right-of-way
subject to maintaining safe site distance triangles as per Section 2.4.4.16.
of the LDC and when approved by the Community Development and
Environmental Services Administrator and applicable utility.
e. Spot or floodlights may be permitted provided said light shines only on
the signs or landscaping and is shielded from motorists and adjacent
residents.
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f. Should the u.s. Postal Service purchase or lease land within Creekside
Commerce Park, in addition to the user signs as permitted herein, they will
be allowed one sign between Immokalee Road and the proposed lake
adjacent to the west entry.
E. TRAFFIC SIGNS
Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be
designed to reflect a common architectural theme, in accordance with Section
3.2.8.3.19. of the LDC.
2.21 GENERAL PERMITTED USES
A. Certain uses shall be considered general permitted uses throughout the Creekside
Commerce Park PUD except in the Preserve Area. General permitted uses are those
uses which generally serve the Developer and tenants of Creekside Commerce Park
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. Temporary sewage treatment facilities.
4. Lakes including lakes with bulkheads or other architectural or structural bank
treatments.
5. Guardhouses, gatehouses, and access control structures.
6. 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.
7. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 2.11 of this
PUD.
8. Fill storage subject to the standards set forth in Section 2.7 of this POO. Site
filling and grading as set forth in Section 2.7 of this PUD.
9. 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.
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10. Sidewalks may occur within County required buffers if approved by the
Community Development and Environmental Services Administrator.
11. 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.
12. Creekside Commerce Park shall be permitted to develop with a maximum of
40 percent commercial uses. Commercial uses are defined as offices, health
services, medical clinics, financial institutions, fitness centers, childcare
centers, restaurants and retail sales in accordance with Section 3.3. C.2.
hereof.
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SECTION III
INDUSTRIAL/COMMERCE DISTRICT
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas
within Creekside Commerce Park designated on the Master Plan as "I/C".
3.2 GENERAL DESCRIPTION
Areas designated as "I/C" on the Pun Master Plan are intended to provide a maximum of
620,000 square feet of gross floor area of industrial/commerce uses on 41.6:t net acres. The
floor area ratio (FAR) for the designated industrial land uses shall not exceed .35.
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. The permitted principal uses and structures will generally consist of light
manufacturing, wholesale, warehouse, processing and packaging, laboratories and
clinics, research, design and product development, business services and corporate
offices and headquarters.
1. Aircraft Parts and Auxiliary Equipment (Group 3728)
2. Apparel and Other Finished Products (Groups 2311-2399)
3. Building Contractors (Groups 1521-1542), except for general contractors for
mobile home repair on site, modular housing and premanufactured housing
assembled on site, dry cleaning plant construction, paper pulp mill
construction, and truck and automobile assembly plant construction.
4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352,
7359-7389 except for industrial truck rental and leasing; plants, live: rental
and leasing; toilets, portable: rental and leasing; employment agencies,
except theatrical and motion picture; labor contractors (employment
agencies) model registries; labor pools; manpower pools; modeling service;
dogs, rental of: for protective service; automobile recovery service;
automobile repossession service; bartering services for businesses;
bondspersons; bottle exchanges; check validation service; contractors
disbursement control; filling pressure containers (aerosol) with hair spray,
insecticides, etc.; fire extinguishers, service of gas systems, contract
conversion from manufactured to natural gas; metal slitting and shearing on a
contract or fee basis produce weighing service, not connected with
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transportation; scrap steel cutting on a contract or fee basis; solvents recovery
service on a contract or fee basis; tobacco sheeting service on a contract or
fee basis)
5. Child Day Care Services (Group 8351)
6. Communications (Groups 4812-4899 not including major communication5
towers related to cellular phone service, radio broadcasting, television
broadcasting, radar or telephone service)
7. Computer and Office Equipment (Groups 3571-3579)
8. Construction; Special Trade Contractors (Groups 1711-1799 except for
boiler erection and installation contractors; drainage system installations,
cesspool and septic tank contractors; fuel oil burner installation and servicing
contractors; gasoline hookup contractors; sewer hookups and connection for
buildings contractors; epoxy application contractors; frreproofmg buildings
contractors; gasoline pump installation contractors; lead burning contractors;
and mobile home site setup and tie down contractors)
9. Depository and Non-Depository Institutions (Groups 6011-6163)
10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives:
bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded;
cocaine and derivatives; codeine and derivatives; gland derivatives: bulk,
uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal:
organic and inorganic; morphine and derivatives; opium derivatives)
11. Educational Services (Groups 8249-8299 except construction equipment
operation schools; truck driving schools; automobile driving instruction;
survival schools; vocational counseling)
12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612,
3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except
for airport lighting transformers, autotransformers, electric (power
transformers) distribution transformers, electric; electric furnace
transformers; lighting transformers, street and airport; transformers, reactor;
atom smashers (particle accelerators; electron beam metal cutting, forming,
and welding machines; electron linear accelerators; electrostatic particle
accelerators))
13. Engineering, Accounting, Research, Management and Related Services
(Groups 8711-8748 except chemical laboratories, commercial research;
automobile proving and testing grounds; metallurgical testing laboratories;
pollution testing, except automotive emissions testing; radiation dosimetry
laboratories; seed testing laboratories; veterinary testing laboratories)
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14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452,
3469,3492,3495,3496, production of metal is prohibited)
15. Furniture and Fixtures Manufacturing (Groups 2511-2599)
16. Government OfficeslBuildings (Groups 9111-9199, 9221, 9222, 9224-9229,
9311,9451,9511-9532,9611,9631-9661)
17. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556,
3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting
machines for printing trades; foundry type for printing; presses, printing -
slugs printers'; ammunition and explosives loading machinery; brick making
machines; cement making machinery; chemical kilns; control rod drive
mechanisms for use on nuclear reactors; foundry machinery and equipment;
frame straighteners, automotive (garage equipment); fur sewing machines;
ginning machines, cotton; metal finishing equipment for plating, except
rolling mill lines; metal pickling equipment, except rolling mill lines )
18. Leather and Leather Products (Groups 3131-3199)
19. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical
and Optical Goods: Watches and Clocks Manufacturing (Groups 3812-3843,
3845-3873)
20. Membership Organizations (Groups 8611-8631)
21. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for
dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers:
curling, dyeing, and renovating - for the trade; fur stripping; furs dressed:
bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring,
tanning, bleaching and dyeing; plumes, feather; tear gas devices and
equipment; veils made of hair)
22. Motion Picture Production (Groups 7812-7819)
23. Motor Freight Transportation (Groups 4214, 4215)
24. Packing and Crating (Group 4783)
25. Paper and Allied Products (Groups 2652-2657, 2673-2679)
26. Personal Services (Groups 7213, 7216, 7219, 7221)
27. Physical Fitness Facilities (Group 7991)
28. Plastic Materials and Synthetics (Groups 2833,2834)
29. Printing, Publishing and Allied Industries (Groups 2711-2791)
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30. Professional Offices: including but not limited to, Travel Agencies (Group
4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-
6399); Real Estate (Groups 6512, 6514, 6517, 6519, 6531, 6541, 6552,)
31. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086, 3088,
3089)
32. Transportation Equipment (Group 3732, except for boats, fiberglass: building
and repairing; boats: motorboats, sailboats, rowboats, and canoes - building
and repairing; houseboats, building and repairing; motorboats, inboard and
outboard: building and repairing)
33. United States Postal Service (Group 4311)
34. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas
storage, petroleum and chemical bulk stations and automobile dead storage)
only one (1) self-storage use allowed to be located adjacent to the Collier
County Sewage Treatment Plant.
35. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063-
5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale;
lumber: rough, dressed, and finished-wholesale; batteries, except automotive-
wholesale; storage batteries, industrial-wholesale; unit substations-wholesale;
boilers, power: industrial-wholesale; boilers, steam and hot water heating-
wholesale; burners, fuel oil and distillate oil-wholesale; oil burners-
wholesale)
36. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145, 5147-5149,
5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale;
fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and
vegetable-wholesale; ice, manufactured or natural-wholesale, leather and cut
stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and
vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude-
wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs-
wholesale; worms-wholesale)
37. Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose statement
of the District and which the Community Development and Environmental
Services Administrator determines to be compatible in this District.
B. Restricted Principal Uses
The following medical related uses must be located within a 1/4 mile radius of the
hospital property boundary.
Amended PUD (c1ean).DOC
3-4
8/22/2006
I. Health Services, medical clinics and offices (Groups 8011-8049)
2. Medical Laboratories and research and Rehabilitative Centers (Groups 8071-
8092, 8099)
3. Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose statement
of the District and which the Community Development and Environmental
Services Administrator determines to be compatible in this District.
C. Permitted Accessory Uses and Structures:
1. Uses and structures that are accessory and incidental to uses permitted in this
district.
2. Retail and wholesale sales and/or display areas as accessory to the principal
use, not to exceed an area greater than forty percent (40%) of the gross floor
area of the permitted principal use.
3.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area: 20,000 S.F.
B. Minimum Lot Width: 100 FT.
C. Minimum Yard Requirements:
1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty
feet (50')
2. Front Yard, Internal: Thirty feet (30')
3. Side Yard: Ten feet (10')
Five feet (5') to internal property line along Pine Ridge canal
drainage easement and FP &L easement
4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise
twenty feet (20')
5. Rear Yard: Twenty-five feet (25')
6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet
(50')
D. Maximum Height: Thirty Five Feet (35'), including silos, storage tanks, elevator
towers, satellite dishes, antennas, etc.
Amended PUD (clean).DOC
3-5
8/22/2006
E. Outside storage or display shall be permitted and shall be screened from all internal
and external public roadways with a fence or landscaping equivalent or combination
thereof. Said fence, wall or landscaped screen shall be opaque in design. All
manufacturing operations and equipment, including accessory process equipment
such as compressors and air handlers shall be contained in an enclosed structure.
F. All industrial building sides visible from roadways internal or external to the park
shall have the appearance of a concrete material, such as, but not limited to, block,
brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides
visible from said roadways are prohibited; as well as exposed metal siding on any
building west of Goodlette Frank Road.
G. Business District type uses located within the I1C District along Goodlette-Frank
Road will meet the Collier County Architectural Guidelines in Division 2.8. of the
LDC.
H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of
Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing the
landscaped buffer applicable to business uses fronting Goodlette-Frank Road,
provided the portion of the building facing Goodlette-Frank Road meets the
following Architectural Guideline Sections of the LDC, therefore satisfying the
intent of the building design section of the Architectural Guidelines in the opinion of
the Community Development and Environmental Services Administrator:
1. Section 2.8.3.5.1., Purpose and Intent
2. Section 2.8.3.5.4., Facade Standard
3. Section 2.8.3.5.6., Project Standards
4. Section 2.8.3.5.7., Detail Features except for 2.8.3.5.7.2.
5. Section 2.8.3.5.12.
1. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the
Pelican Marsh boundary shall orient loading docks to the north, east or west.
1. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of
7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59
a.m. and all of Sundays, as measured at the property boundary of the land use
from which the sound emanates,
K. Odor: No business shall cause or allow the emission of odorous air from any
single source such as to result in odors which are detectable outside the parcel
Amended PUD (clean),DOC
3-6
8/22/2006
boundaries. Best practical treatment, maintenance, and control currently available
shall be utilized in order to maintain the lowest possible emission of odorous air.
L. Lighting: Lighting shall be located so that no light is aimed directly toward a
property designated residential if lighting is located within 200 feet of residential
property. Light fixtures within parking areas shall not exceed 25 feet in height.
M, Emissions: All sources of air emissions shall comply with rules set forth by the
Environmental Protection Agency (Code of Federal Regulations, Title 40) and the
Florida Department of Environmental Regulation (Florida Administrative Code,
Chapter 17-2). No person shall operate a regulated source of air emissions
without a valid operation permit issued by the Department of Environmental
Regulation.
Amended PUD (cJean),DOC
3-7
8/22/2006
SECTION IV
BUSINESS DISTRICT
4.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for areas
within Creekside Commerce Park designated on the Master Plan as "B".
4.2 GENERAL DESCRIPTION
Areas designated as "B" on the PUD Master Plan are intended to provide a maximum of
190,000 square feet of floor area, including approximately 150,000 square feet of office uses
and 40,000 square feet ofretail uses on 19.1:t net acres. The floor area ratio (FAR) for the
designated business land uses shall not exceed .35.
4.3 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. Building Contractors (Groups 1521-1542), except for general contractors for
mobile home repair on site, modular housing and premanufactured housing
assembled on site, dry cleaning plant construction, paper pulp mill
construction, and truck and automobile assembly plant construction.
2. Business Services (Groups 7311-7313, 7319, 7322,7323,7331-7338,7352,
7359-7389 except for industrial truck rental and leasing; plants, live: rental
and leasing; toilets, portable: rental and leasing; employment agencies,
except theatrical and motion picture; labor contractors (employment
agencies) model registries; labor pools; manpower pools; modeling service;
dogs, rental of: for protective service; automobile recovery service;
automobile repossession service; bartering services for businesses;
bondspersons; bottle exchanges; check validation service; contractors
disbursement control; filling pressure containers (aerosol) with hair spray,
insecticides, etc.; fIre extinguishers, service of gas systems, contract
conversion from manufactured to natural gas; metal slitting and shearing on a
contract or fee basis produce weighing service, not connected with
transportation; scrap steel cutting on a contract or fee basis; solvents recovery
service on a contract or fee basis; tobacco sheeting service on a contract or
fee basis)
3. Child Day Care Services (Group 8351)
Amended PUD (clean).DOC
4-1
8/22/2006
4. Convenience Store (Group 5411) and Gasoline Filling Station (Group 5541)
only one (1) allowed.
5. Communications (Groups 4812-4899), not including major communication
towers related to cellular phone service, radio broadcasting, television
broadcasting, radar or telephone service.
6. Depository and Non-Depository Institutions (Groups 6011-6163) including
automatic teller machines
7. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives:
bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded;
cocaine and derivatives; codeine and derivatives; gland derivatives: bulk,
uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal:
organic and inorganic; morphine and derivatives; opium derivatives)
8. Eating Places (Group 5812) not including fast food and drive-thru restaurants
9. Educational Services (Groups 8249-8299 except construction equipment
operation schools; truck driving schools; automobile driving instruction;
survival schools; vocational counseling)
10. Engineering, Accounting, Research, Management and Related Services
(Groups 8711-8748 except chemical laboratories, commercial research;
automobile proving and testing grounds; metallurgical testing laboratories;
pollution testing, except automotive emissions testing; radiation dosimetry
laboratories; seed testing laboratories; veterinary testing laboratories)
11. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229,
9311,9451,9511-9532,9611,9631-9661)
12. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies
(Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups
6512-6515,6517,6519,6531,6541,6552,6553); Holding and Other
Investment Offices (Groups 6712-6799); Attorneys (Group 8111)
13. Physical Fitness Facilities (Group 7991)
14. Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose statement
of the District and which the Community Development and Environmental
Services Administrator determines to be compatible in this District.
B. Restricted Principal Uses
The following medical related uses must be located within 1/4 mile radius of the
hospital property boundary.
Amended PUD (c1ean).DOC
4-2
8/22/2006
1. Drug Stores and Proprietary Stores (Group 5912) Only one (1) drug store
allowed.
2. Health Services, Medical Clinics and Offices (Groups 8011-8049)
3. Medical Laboratories and research and Rehabilitative Centers (Groups 8071-
8099)
4. Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose statement
of the District and which the Community Development and Environmental
Services Administrator determines to be compatible in this District.
C. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with principal uses
permitted in this district.
2. Retail and wholesale sales and/or display areas as accessory to the principal
use, not to exceed an area greater than forty percent (40%) of the gross floor
area of the permitted principal use.
4.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area: 20,000 S.F.
B. Minimum Lot Width: 100 FT.
C. Minimum Yard Requirements:
1. Front Yard, Immokalee and Goodlette-Frank Roads: Fifty feet (50')
2. Front Yard, Internal Roads: Thirty feet (30')
3. Side Yard: Ten feet (10')
Five feet (5') to internal property line along the Pine Ridge canal drainage
easement and FP &L easement
4. Waterfront: Zero feet (0') to bulkhead or rip-rap at 'top of bank, otherwise
twenty feet (20')
5. Rear Yard: Twenty-five feet (25')
6. Minimum Building Setback from Perimeter Boundary ofPUD:
Amended PUD (clean).DOC
4-3
8/22/2006
a) Fifty feet (50') for buildings up to thirty five feet (35') in height.
b) Three additional feet (3') for every one foot of building height over
thirty five feet (35') adjoining residential districts.
D. Maximum Height: Three stories over parking to a maximum of fifty feet (50') for
buildings within 1/4 mile of the hospital property boundary except that no structure
shall be greater than thirty-five feet (35'), on property west of the Pine Ridge
Drainage Easement.
E. Commercial design guidelines for facilities in the Business District shall be subject
to the provisions of Division 2.8. Architectural and Site Design Standards and Site
Design Standards for commercial buildings and projects.
F. Outside storage or display shall be permitted and shall be screened from all internal
and external public roadways with a fence at least seven feet in height above ground
level, or landscaping equivalent or combination thereof. Said fence, wall or
landscaped screen shall be opaque in design.
Amended PUD (clean),DOC
4-4
8/22/2006
SECTION V
PRESERVE AREA
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for the
area within Creekside Commerce Park, designated on the Master Plan, as Preserve Area.
5.2 GENERAL DESCRIPTION
Areas designated as Preserve Area on the Master Plan are designed to accommodate natural
systems existing or created as preserves and limited water management uses and functions.
5.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Pennitted Principal Uses and Structures
1. Boardwalks and nature trails (excluding asphalt paved trails).
2. Water management facilities.
3. Any other preserve and related open space activity or use which is
comparable in nature with the foregoing uses and which the Development
Services Director determines to be compatible in the Preserve Area.
5.4 PRESERVE DISTRICT PRESERV A TION EASEMENT
A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for
preservation lands included in the Preserve Area. The Developer, its successor or assign
shall be responsible for the control and maintenance of lands within the Preserve Area.
Exact locationlboundary of the Preserve Area will be determined during the development
permitting process with the South Florida Water Management District, Army Corps of
Engineers, and Collier County.
Amended PUD (clean).DOC
5-1
8/2212006
5.5 PRESERVE AREA ADJUSTMENTS
The proposed native vegetation retention areas, depicted on the Creekside Commerce Park
Master Plan, are intended for meeting the native vegetation requirements of the Collier
County Growth Management Plan and the Collier County LDC. Adjustments may be made
to the location of the preservations areas at the time of preliminary plat or site development
plan approval. If adjustments are needed, per the Collier County LDC the Developer will
have the option to increase the preservation in another area, enhance and preserve another
area, or provide increased native landscape per the Collier County LDC. The proposed
preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on the
Creekside Commerce Park master plan, are areas where the native vegetation requirements
may be met as set forth in the Collier County LDC.
Amended PUD (clean).DOC
5-2
8/22/2006
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A LEGAL PROFESSIONAL ASSOCIATION
850 PARK SHORE DRIVE
TRiANON CENTRE. THIRD FLOOR
NAPLES, FL 34103
239.649.2708 DIRECT
239.649.6200 MAIN
239,261.3659 FAX
banderson@ralaw.com
!1D1IBIl&)ANDRESS II
September 15, 2006 .
VIA HAND DELIVERY AND E-MAIL
Mr. James V. Mudd, County Manager
Collier County Government
3301 East Tamiami Trail
Naples, FL 34112
Re: Request to Reconsider - Naples Daily News PUD (pUDZ-2005-AR-8833) and
Creekside Commerce Park PUD Amendment (PUDA-2005-AR-8832)
Dear County Manager Mudd:
As the Petitioner's agent on both of the above-refereneecl items which were acted upon at the
September 12, 2006 County Commission Meeting, I am filing this Request for Reconsideration of
both items pursuant to Section 2-41 and Section 2-42 of the Collier County Code of Ordinances.
Section 2-41 is applicable to the reconsideration of the approval of the Creekside PUD Amendment,
and Section 2-42 is applicable to the request to reconsider the denial of the Naples Daily News PUD.
The grounds for this reconsideration request are that there was a misunderstanding as to
compliance of the Naples Daily News PUD with the Land Development Code and the Growth
Management Plan; and the Amendment to the Creekside PUD was to rezone 2.3 acres of that PUD to
become part of the denied Naples Daily News PUD. Both of these are companion items and should
be considered together.
It is my understanding from Joe Schmitt that if the reconsideration is approved at the
September 26 County Commission meeting, that the earliest date both Petitions could be advertised
and scheduled for hearings by the Commission is October 24. I would respectfully request that the
County schedule and advertise the re-hearings on the merits for the October 24, 2006 County
Commission meeting.
Thank you very much for your attention to this matter. Should you have any questions, please
do not hesitate to contact me.
Sincerely,
\( ."'6 /~ck-v~~''--'
R. Bruce Anderson
For the Firm
RBA:
Cl.EVELANo TOLEDO .AlcRON COLUMBUS CINCINNATI WASHINGTON, D.C. TAllAHASSEE FoRTMYERS NAPLES
508302.111878,0005
www.ralaw.com
Mr. James Mudd., et. al.
September 1 S, 2006
Page 2
cc: ALL VIA E-MAIL
Commissioner Tom Henning
Commissioner Fred Coyle
Commissioner James Coletta
Commissioner Donna Fiala
Commissioner Frank Halas
Mr. Paul Marinelli
Mr. John Fish
Mr. Wayne Arnold
Mr. Joseph Schmitt
Mr. Mike DeRuntz
David C. Weigel, Esq.
Mmjorie Student-Stirling, Esq.
S08302.11187S.000S
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 2006-50
Which was adopted by the Board of County Commissioners
on the 24th 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 30th
day of October, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioner~'
~~~~u~QbC
By: Teresa Df'llard",
Deputy Clerk >