Ordinance 2007-06
ORDINANCE NO. 07- 06
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 FROM "PUD"
TO "CPUD" COMMERCIAL PLANNED UNIT
DEVELOPMENT KNOWN AS THE PINE VIEW CPUD
AND LOCATED ON THE SOUTHWEST CORNER OF
PINE RIDGE ROAD (CR. 896) AND WHIPPOORWILL
LANE, IN SECTION 18, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 15.58 ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 00-45, THE
FORMER PINE VIEW PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Freeland & Schuh, Inc., represented by Tim Hancock of Davidson
Engineering, petitioned the Board of County Commissioners to change the zoning classification
of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the subject property located in Section 18, Township 49
South, Range 26 East, Collier County, Florida, is changed from a PUD Zoning District to a
Commercial Planned Unit Development (CPUD) District for a project to be known as the Pine
View Commercial Planned Unit Development (CPUD) in accordance with the CPUD Document,
attached hereto as Exhibit "A," and incorporated by reference herein. 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 00-45, known as the Pine View PUD, adopted on June 27, 2000, by
the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Florida Department of State.
Page 1 of2
PASSED AND DUL Y ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this aJ'Jidayof "Julu&.ry' , 2007.
(
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Page 2 of2
Pine View
A
Commercial Planned Unit Development
Regulations and supporting master plan governing the Pine View PUD, a planned unit
development pursuant to provisions of the Collier County Land Development Code
Prepared for:
Freeland and Schuh, Inc.
1229 Airport Pulling Road North
Naples, FL 34104-6116
Prepared by:
Tim Hancock
Davidson Engineering, Inc.
2154 Trade Center Way, Suite 3
Naples, FL 34109
239-597 -3916
DATE REVIEWED BY CCPC:
DATE APPROVED BY THE BCC:
ORDINANCE NUMBER:
AMENDMENTS AND REPEAl-:
12-21-06
1-23-07
2007-06
~DOO -t.J.6
EXHIBIT "A"
TABLE OF CONTENTS
Page
List of Exhibits and Tables 3
Statement of Compliance and Short Title 4
Section I Property Ownership and Description 5
Section II Project Development 7
Section III Commercial Areas Plan 9
Section IV General Development Commitments 12
2
LIST OF EXHIBITS AND TABLES
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
CPUD Master Plan
Boundary Survey
Sidewalk Exhibit
3
STATEMENT OF COMPLIANCE AND SHORT TITLE
The Pine View Commercial Planned Unit Development (CPUD) consists of +/- 15.15
acres of land situated at the Southwest corner of the intersection of Pine Ridge Road
and Whippoorwill Lane in Collier County, Florida
The development of this project will be in compliance with the planning goals and
objectives of Collier County as set for the in the Growth Management Plan. This
compliance includes:
1. The entirety of the parcel is located within the Pine Ridge / 1-75 Interchange
Activity Center, referred to as Activity Center #10 in the Growth Management Plan.
2. Activity Centers are the preferred locations for the concentration of commercial
uses. The project is allowed to request a full array of commercial and retail uses
consistent with the Growth Management Plan and the Land Development Code.
3. The project location, immediately Southwest of the intersection of Whippoorwill
Lane and Pine Ridge Road will allow for primary access via a signalized intersection.
4. The project complies with the Collier County Growth Management Plan including
the exclusion of Industrial uses in this particular Activity Center.
5. The project will be served by and approved by the Utilities Division.
6. The project, as proposed, is compatible with adjacent land uses and includes
adequate buffering where dissimilar land uses are located adjacent to each other.
7. Access will be provided to the Pine Ridge Center East PUD contingent upon
appropriate cross access easements being recorded.
8. All final local development orders for this project are subject to the Adequate
Public Facilities Ordinance.
SHORT TITLE
This Ordinance shall be known and cited as the "Pine View Commercial Planned Unit
Development Ordinance."
4
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 to be developed under
the project name of "Pine View."
1.2 LEGAL DESCRIPTION
The subject property being +/- 15.15 acres, is described as:
THE EAST }S OF THE NORTHEAST ~ OF THE NORTHWEST ~ OF SECTION
18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA;
LESS AND EXCEPT THAT PORTION OF PROPERTY DESCRIBED AS PARCEL NO.
120 IN STIPULATED FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS
BOOK 1018, PAGE 159, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
AND LESS AND EXCEPT THAT PORTION OF PROPERTY DESCRIBED AS PARCEL
NO. 123 IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2660,
PAGE 3375, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA;
STIPULATED FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS BOOK 3488,
PAGE 93, OF SAID PUBLIC RECORDS.
AND LESS AND EXCEPT THAT PORTION OF PROPERTY KNOWN AS
WHIPPOORWILL LANE AS DESCRIBED IN QUITCLAIM DEED RECORDED IN
OFFICIAL RECORDS BOOK 3308, PAGE 3195, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA;
AND LESS AND EXCEPT THE SOUTH 60 FEET OF THE EAST }S OF THE
NORTHEAST ~ OF THE NORTHWEST ~ OF SECTION 18, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of:
Freeland and Schuh, Inc.
1229 Airport Road North
Naples, FL 34104-6116
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
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a. The project site is located in Section 18, Township 49 South, Range 26
East, more commonly known as immediately South and West of the intersection of Pine
Ridge Road and Whippoorwill Lane in Collier County, Florida.
b. The zoning classification of the subject property is, Commercial Planned
Unit Development (CPUD).
1.5 PHYSICAL DESCRIPTION
The project site is located within the Gordon River Basin. Flows reach the Gordon River
via the 1-75 canal and the Golden Gate Main canals. Water Management facilities for
the proposed project are planned to be of the lake retention or dry detention type.
Elevations within the project site generally range from 10.5 to 11.5 feet above mean sea
level. Based on preliminary site borings, the depth to bedrock in the area varies from
some 8.5 feet to more than 11.5 feet. The entire site is in Flood Zone X according to
Firm Panel 102267 0425D.
Based on review of a 1975 aerial photograph, it appears that the northern approximately
1/3 of the site has been historically cleared, and disturbed by agricultural activities. This
area consists of disturbed dry prairie and shrub and brush lands, with remnant farm
furrows and ridges running through it. It also contains exotic vegetation (Brazilian
pepper, earleaf acacia, and java plum) and nuisance ruderal species (dog fennel,
ragweed, and Spanish needles). The southern approximately 2/3 of the site is
predominantly native pine/palmetto flatwoods of good quality with some hydric pine.
There is one 1.5 acre jurisdictional wetland area on the site. Two abandoned gopher
tortoise burrows also currently exist on the site. Other land uses include a cleared strip
of land previously provided for temporary access to the parcel to the south, disturbed
previously cleared areas along the eastern property boundary, and an "L" shaped ditch
with associated berms and drainage ditches. The soil types on the site include Oldsmar
Fine sand.
1.6 PROJECT DESCRIPTION
The project will consist of +/- 15.15 acres of commercial and/or professional office
development. The site plan has been configured to take advantage of the location within
an existing Interchange Activity Center and to maintain market flexibility for future
development. The plan allows for either a single use development or multiple uses on
the property.
6
SECTION II
PROJECT DEVELOPMENT
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 Pine View shall be in accordance with the
contents of this Document, CPUD - Commercial Planned Unit Development District and
other applicable sections and parts of the Land Development Code and Growth
Management Plan in effect at the time of building permit application. Where these
regulations fail to provide developmental standards, then the provisions of the most
similar district in the Land Development Code shall apply.
b. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in Land Development Code in effect at the time of building permit
application.
c. All conditions imposed and all graphic material presented depicting
restrictions for the development of Pine View shall become part of the regulations, which
govern the manner in which the CPUD site may be developed.
d. Unless modified, waived or excepted by this CPUD, the provisions of
other sections of the Land Development Code where applicable, remain in full force and
effect with respect to the development of the land which comprises this CPUD.
e. Development permitted by the approval of this Petition will be subject to a
concurrency review under the provisions of the Adequate Public Facilities Ordinance.
f. The petitioner's property is located outside an area of
historic/archaeological probability as designated on the official Collier County Probability
Map. Therefore, no historic/archaeological survey and assessment is required.
Pursuant to the Land Development Code, if during the course of site clearing, excavation
or other construction activity, an historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Code Enforcement Department contacted.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
a. The project development plan, including layout of streets and use of land
for the various tracts, is illustrated graphically by Exhibit "A", CPUD Master Plan.
Necessary water management lakes or detention areas and the general configuration of
street rights-of-way, are also illustrated by the CPUD Master Plan.
7
DEVELOPABLE AREA
PRESERVE AREA
WATER MANAGEMENT
PERPETUAL USE EASEMENT
12.58 acres
1.16 acres
.83 acres
.58 acres
Total:
15.15 acres
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
a. Prior to the recording of a record plat, and/or condominium plat for all or
part of the PUD final plans of all required improvements shall receive approval by the
appropriate Collier County governmental agency to ensure compliance with the CPUD
Master Plan, the Subdivision Code, and the platting laws of the State of Florida.
b. Exhibit "A", CPUD Master Plan, constitutes the required CPUD
Development Plan. Subsequent to or concurrent with CPUD approval, a preliminary
subdivision plat, if applicable, shall be submitted for the entire area covered by the
CPUD Master Plan. Any division of property and the development of the land shall be in
compliance with Land Development Code, and the platting laws of the State of Florida.
c. The provisions of the Land Development Code, when applicable, shall
apply to the development of all platted tracts or parcels of land, as provided in the Land
Development Code, prior to the issuance of a building permit or other development
order.
d. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
2.5 AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN
Amendments may be made to the CPUD in accordance with Land Development
Code.
2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities
whose ownership and maintenance responsibility is a common interest to all of the
subsequent purchasers of property within said development in which the common
interest is located, that developer entity shall provide appropriate legal instruments for
the establishment of a property owners' association whose function shall include
provisions for the perpetual care and maintenance of all common facilities and open
spaces, subject further to the provisions of the Collier County Land Development Code.
8
SECITON III
COMMERCIAL AREAS PLAN
3.1.1 PURPOSE
The purpose of this Section is to identify the type of Commercial Uses and
development standards that will be applied the project.
3.2 DEVELOPMENT EMPHASIS
The subject property is wholly contained within Activity Center #10, as identified
in the Growth Management Plan. Whippoorwill Lane and an automobile service station
with convenience store border it on the East. The Western property line borders the
Pine Ridge Center East PUD, which is joined via future access connection to the Pine
Ride Center West PUD. Both PUDs contain uses ranging in intensity from C-1 to C-4
zoning as contained in the Land Development Code. The subject property is permitted a
full array of commercial uses as indicated in the Growth Management Plan, and as such,
this Document and the uses contained herein are consistent with the Growth
Management Plan.
3.3 USES PERMITTED
No building or structures or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
a. Permitted Uses
1. Amusements and recreation services, indoor (groups 7911-7941,
7991-7993,7997, 7999).
2. Apparel and accessory stores (groups 5611-5699).
3. Auto and home supply stores (group 5531).
4. Automotive repair, services, parking (groups 7514,7515,7521).
5. Building materials, hardware and garden supplies (groups 5231-
5261 ).
6. Business services (groups 7311-7352, 7359 except airplane,
industrial truck, portable toilet and oil field equipment renting and
leasing, 7361-7397 except armored car and dog rental, 7384,
7389 except auctioneering, bronzing, field warehousing, salvaging
and damaged merchandise).
7. Commercial printing (group 2752, excluding daily newspapers).
8. Communications (groups 4812-4841) except communication
towers.
9. Eating and drinking establishments (groups 5812,5813) excluding
bottle clubs. All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to
the location requirements of the Land Development Code.
10. Engineering, accounting, research, management and related
services (groups 8711-8748).
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11. Food stores (groups 5411-5499).
12. Fueling locations without convenience commercial uses, only
when located with another permitted use. No diesel fuel sales.
13. General merchandise stores (groups 5311-5399).
14. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing homes
assisted living facilities pursuant to state statute 400.402 F.S. and
ch.58A-5 F.A.C.; and continuing care retirement communities
pursuant to state statute 651 F.S. and ch.4-193 F.A.C.; and all
subject to the Land Development Code.
15. Health services (groups 8051-8059, 8062-8069, 8071, 8072,
8092-8099).
16. Home furniture, furnishing and equipment stores (groups 5712-
5736)
17. Hotels and motels (groups 7011,7021,7041 when located in an
activity center).
18. Miscellaneous repair services (groups 7629-7631).
19. Miscellaneous retail (groups 5912-5963, except pawn shops,
5992-5999).
20. Non-depository credit institutions (groups 6111-6163).
21. Paint, glass and wallpaper stores (group 5231).
22. Personal services (groups 7211, 7212, 7215-7217, 7219, 7221-
7251, 7261 except crematories, 7291-7299).
23. Public administration (groups 9111-9199, 9229, 9311, 9411-9451,
9511-9532,9611-9661).
24. Retail nurseries, lawn and garden supply stores (group 5261).
25. Real estate (group 6512).
26. Social services (groups 8322-8399, except for homeless shelters
and soup kitchens).
27. Veterinary services (groups 0742, 0752 excluding outside
kenneling).
28. Videotape rental (group 7841).
29. United States Postal Service (group 4311 except major
distribution centers).
30. Motor vehicle dealers, new and used (groups 5511 and 5521).
31. Automotive repair, services and parking (groups 7514, 7515,
7521, 7542, 7549 and 7532 only in conjunction with use number
5511 or 5521).
32. Any other use that 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 uses
permitted as of right in this district.
2. Caretakers' residence, subject to the Land Development Code.
3.4 DEVELOPMENT STANDARDS
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a.
Minimum Lot Area:
10,000 square feet
b.
Minimum Lot Width:
1 00 feet
c.
Minimum Yard Requirements:
1. Along Pine Ridge Road:
2. Along Whippoorwill Lane:
3. Along South property line:
4. Along Western property line
25 feet
25 feet
50 feet
25 feet
d.
Minimum Yards (internal):
1. Front Yard:
2. Side Yard:
3. Rear Yard:
4. Waterfront:
5. Preserve (Setback):
1. Accessory Structures:
15 feet
1 0 feet
20 feet
25 feet
25 feet
1 0 feet
e.
Maximum height:
45 feet
f. Minimum floor area: 700 square feet gross floor area on ground floor (for
principal structures). Guardhouses or gatehouses are exempt from this limitation.
g. Minimum off-street parking and off-street loading: As required by the Land
Development Code.
h. Landscaping: As required by the Land Development Code.
i. Lighting: Lighting shall be located so that no light is aimed directly toward
a property designated residential nor shall lighting be located within 200 feet of
residential property.
j. Signs: Project signage will comply with the Land Development Code.
k. Architectural and site design standards. All commercial buildings and
projects shall be subject to the provisions of the Land Development Code.
I. Off-site removal of earthen material: The excavation and stockpiling of
earthen material in preparation of water management facilities or to otherwise develop
water bodies is hereby permitted. If a surplus of earthen material exists, that its off-site
disposal is also hereby permitted, subject to the following conditions:
1. Excavation activities shall comply with the definition of a
"development excavation" pursuant to the Code of Laws and Ordinances, whereby off-
site removal shall be limited to 10% of the total, up to a maximum of 20,000 cubic yards.
2. All other provisions of the Land Development Code are applicable.
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SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2 GENERAL
All facilities shall be constructed in strict accordance with final site development
plans, final subdivision plats 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 Land Development Code shall apply
to this project even if the land within the CPUD is not to be platted. The developer, his
successor and assigns, shall be responsible for the commitments outlined in this
Document.
The developer, his successor or assigns, shall follow the Master Plan and the
regulations of the CPUD, as adopted, and any other conditions or modifications as may
be agreed to in the rezoning of the property. In addition, any successor or assignee in
title to the developer is bound by commitments within this Document.
4.3 CPUD MASTERPLAN
a. Exhibit "A", CPUD Master Plan, illustrates the proposed development and
is conceptual in nature. Proposed tract, lot or land-use boundaries or special land use
boundaries shall not be construed to be final and may be varied at any subsequent
approval phase, such as final platting or site development plan application. Subject to
the provisions of the Land Development Code, amendments may be made from time to
time.
b. All necessary easements, dedications, or other instruments shall be
granted to ensure the continued operation and maintenance of all service utilities and all
common areas in the project.
4.4 SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET
PROVISION
a. The project is proposed to start construction of infrastructure in 2007.
Should the project not develop in a single phase, the absorption of the entire project is
based upon a mix of commercial uses and is estimated to take seven to ten years.
b. This project shall be subject to the Sunset Provisions of the Land
Development Code.
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c. Common areas, including areas, devoted to water management facilities
will be dedicated to a common property owners association, if applicable, for purposes of
maintenance and care.
d. An annual monitoring report shall be submitted pursuant to the Land
Development Code.
4.5 SUBSTITUTION TO DESIGN STANDARDS
PRACTICE/REGULATIONS
FOR SUBDIVISION
a. Appendix B: Roads (exclusive of access easements) within the project
will be designed and built as private roads with no maintenance responsibility by Collier
County. These roads shall have a right-of-way of 50 feet. Pavement width shall be a
minimum of 22 feet for two-way traffic.
b. Internal roads that run parallel to water management lakes or detention
areas shall be located a minimum of 20 feet from the top of bank or control elevation,
whichever is greater.
4.6 TRANSPORTATION
a. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current
edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition.
All other improvements shall be consistent with and as required by the Land
Development Code. (LDC)
b. Arterial level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of occupancy (CO).
c. Access points, including both driveways and proposed streets, shown on
the PUD 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
PUD Amendment is to be processed.
d. 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.
e. Road impact fees shall be paid in accordance with the applicable Impact
Fee Ordinance, as it may be amended.
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f. All work within Collier County rights-of-way or public easements shall
require a right-of-way permit.
g. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution No. 01-247), as it may be
amended, and the Land Development Code, as it may be amended. Collier County
reserves the right to modify or close any median opening existing at the time of approval
of this CPUD which is found to be adverse to the health, safety and welfare of the public.
Any such modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
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 shall 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.
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 an 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.
I. Adjacent developments have been designed to provide shared access or
interconnections with this development. The CPUD Master Plan indicates these
locations. The developer, or assigns, shall provide the interconnection upon approval of
the first development order.
m. The developer shall grant to Collier County, as of the effective date of this
ordinance and without severance damages, 12 feet of property along the eastern
boundary of the CPUD for Whippoorwill Lane improvements as depicted on the
attached CPUD Master Plan.
n. Prior to the issuance of an approved site development plan, an updated
traffic analysis will be performed by the developer for the intersection of Whippoorwill
Lane and Pine Ridge Road. The additional analysis shall outline improvements that are
required to address the intersection failing movements. The developer shall dedicate the
right-of-way reservation area as shown on the CPUD Master Plan to facilitate the
improvements. No COs shall be issued until all intersection improvements have been
completed. Should the developer improve the intersection as outlined in the traffic
analysis, the County will reimburse the developer in the form of impact fee credits for all
improvements above its fair share. Site related improvements shall not be eligible for
impact fee credits.
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o. A perpetual use easement will be granted to the County, in accordance
with the CPUD Master Plan, to provide access from Whippoorwill Lane to the Pine Ridge
Center to the West. Prior to issuance of the approved site development plan, the
easement shall be recorded with Collier County. The recording information shall be
provided as part of the SDP application.
p. Improvements to the intersection of Pine Ridge Road and Whippoorwill
shall be completed prior to the first CO being issued for the subject property. The
property owner shall be responsible for his fair share of the cost of the intersection
improvements. Should the developer be required to improve the intersection, projects
that contribute to the intersection traffic will be required by County Staff to reimburse the
property owner for the intersection analysis, design and construction based on a fair
share formula determined at the time of SDP approval.
4.7 WATER MANAGEMENT
a. In accordance with the Rules of the South Florida Water Management
District (SFWMD), Chapters 40E-4 and 40E-40 Florida Administrative Code, this project
shall be designed for a storm event of 3-day duration and 25-year return frequency and
shall be reviewed and permitted by the SFWMD unless delegated to Collier County by
SFWMD.
4.8 UTILITIES
a. County water service is available via a 12-inch water main located along
Pine Ridge Road. The developer is responsible to tap the main to provide both potable
water and fire fighting capability to the site.
b. County sewer service is available via an 8-inch force main located along
Pine Ridge Road. The developer is responsible for providing the necessary connections
to supply the site with County sewer service.
c. All facilities extended to the site and which lie in platted rights-of-ways
shall be owned and maintained by the Collier County Water/Sewer District. The
facilities, whether owned and maintained by the District or privately owned, shall be
reviewed and installed in accordance with the requirements of applicable County
ordinances and all federal, state and other existing rules and regulations.
4.9 ENGINEERING
a. Work within rights-of-way shall meet the requirements of Collier County
Right-Of-Way Ordinance.
4.10 ENVIRONMENTAL
a. An appropriate portion of the native vegetation shall be retained on site as
required by the Land Development Code. For this site, a minimum of 15% of the
existing native vegetation shall be preserved onsite, a minimum of 1.16 acres.
15
b. Storm water run-off shall not discharge directly into the preserve without
pre-treatment.
4.11 LANDSCAPING FOR OFF-STREET AREAS
All landscaping for off-street parking areas shall be in accordance with the Land
Development Code in effect at the time of building permit application.
4.12 DEVIATIONS
a. The landscape buffer immediately adjacent to the 12 foot right-of-way
reservation along Whippoorwill Lane shall be reduced to 10 feet in width
but shall contain the plantings within the required 20 foot Type 'D' Buffer.
b. The perpetual use easement shown on the CPUD Master Plan will not
require sidewalks in accordance with Section 6.06.02 of the Land
Development Code. Sidewalks shall be provided in accordance with
Exhibit 'C', Sidewalk Exhibit for that area of the project including the
perpetual use easement northward.
4.13 AFFORDABLE HOUSING
Collier County and the developer of the Pine View CPUD have cooperated to
address affordable housing impacts associated with the project. The developer,
or its successors and assigns, shall make a financial contribution to the Collier
County Affordable Housing Trust Fund in the amount of $.50 per square foot of
office or retail space constructed within the CPUD. This calculation shall be
exclusive of areas that are utilized for storage and display of vehicles or vehicle
parts or that qualify under the EDC high-tech, high wage job creation program.
This contribution shall be paid within seven days of the issuance of a CO for the
improvement receiving the CO. The payment of this contribution shall be
credited to the project's obligations to pay affordable or workforce housing fees
that may be adopted in the future by Collier County.
16
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Pine View
A
Commercial Planned Unit Development
Regulations and supporting master plan governing the Pine View PUD, a planned unit
development pursuant to provisions of the Collier County Land Development Code
Prepared for:
Freeland and Schuh, Inc.
1229 Airport Pulling Road North
Naples, FL 34104-6116
Prepared by:
Tim Hancock
Davidson Engineering, Inc.
2154 Trade Center Way, Suite 3
Naples, FL 34109
239-597 -3916
DATE REVIEWED BY CCPC:
DATE APPROVED BY THE BCC: 6/27/00
ORDINANCE NUMBER: 2000-45
AMENDMENTS AND REPEAL:
EXHIBIT "A"
TABLE OF CONTENTS
Page
List of Exhibits and Tables 3
Statement of Compliance and Short Title 4
Section I Property Ownership and Description 5
Section II Project Development 7
Section III Commercial Areas Plan 9
Section I V General Development Commitments 12
2
LIST OF EXHIBITS AND TABLES
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
CPUD Master Plan
Boundary Survey
Sidewalk Exhibit
3
STATEMENT OF COMPLIANCE AND SHORT TITLE
The Pine View Commercial Planned Unit Development (CPUD) consists of +1- 15.15
acres of land situated at the Southwest corner of the intersection of Pine Ridge Road
and Whippoorwill Lane in Collier County, Florida
The development of this project will be in compliance with the planning goals and
objectives of Collier County as set for the in the Growth Management Plan. This
compliance includes:
1. The entirety of the parcel is located within the Pine Ridge 1 1-75 Interchange
Activity Center, referred to as Activity Center #10 in the Growth Management Plan.
2. Activity Centers are the preferred locations for the concentration of commercial
uses. The project is allowed to request a full array of commercial and retail uses
consistent with the Growth Management Plan and the Land Development Code.
3. The project location, immediately Southwest of the intersection of Whippoorwill
Lane and Pine Ridge Road will allow for primary access via a signalized intersection.
4. The project complies with the Collier County Growth Management Plan including
the exclusion of Industrial uses in this particular Activity Center.
5. The project will be served by and approved by the Utilities Division.
6. The project, as proposed, is compatible with adjacent land uses and includes
adequate buffering where dissimilar land uses are located adjacent to each other.
7. Access will be provided to the Pine Ridge Center East PUD contingent upon
appropriate cross access easements being recorded.
8. All final local development orders for this project are subject to the Adequate
Public Facilities Ordinance.
SHORT TITLE
This Ordinance shall be known and cited as the "Pine View Commercial Planned Unit
Development Ordinance."
4
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 to be developed under
the project name of "Pine View."
1.2 LEGAL DESCRIPTION
The subject property being +1- 15.15 acres, is described as:
THE EAST ~ OF THE NORTHEAST 1A OF THE NORTHWEST 1;4 OF SECTION
18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA;
LESS AND EXCEPT THAT PORTION OF PROPERTY DESCRIBED AS PARCEL NO.
120 IN STIPULATED FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS
BOOK 1018, PAGE 159, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
AND LESS AND EXCEPT THAT PORTION OF PROPERTY DESCRIBED AS PARCEL
NO. 123 IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2660,
PAGE 3375, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA;
STIPULATED FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS BOOK 3488,
PAGE 93, OF SAID PUBLIC RECORDS.
AND LESS AND EXCEPT THAT PORTION OF PROPERTY KNOWN AS
WHIPPOORWILL LANE AS DESCRIBED IN QUITCLAIM DEED RECORDED IN
OFFICIAL RECORDS BOOK 3308, PAGE 3195, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA;
AND LESS AND EXCEPT THE SOUTH 60 FEET OF THE EAST ~ OF THE
NORTHEAST 1;4 OF THE NORTHWEST 1;4 OF SECTION 18, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of:
Freeland and Schuh, Inc.
1229 Airport Road North
Naples, FL 34104-6116
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
5
a. The project site is located in Section 18, Township 49 South, Range 26
East, more commonly known as immediately South and West of the intersection of Pine
Ridge Road and Whippoorwill Lane in Collier County, Florida.
b. The zoning classification of the subject property is, Commercial Planned
Unit Development (CPUD).
1.5 PHYSICAL DESCRIPTION
The project site is located within the Gordon River Basin. Flows reach the Gordon River
via the 1-75 canal and the Golden Gate Main canals. Water Management facilities for
the proposed project are planned to be of the lake retention or dry detention type.
Elevations within the project site generally range from 10.5 to 11 .5 feet above mean sea
level. Based on preliminary site borings, the depth to bedrock in the area varies from
some 8.5 feet to more than 11.5 feet. The entire site is in Flood Zone X according to
Firm Panel 102267 0425D.
Based on review of a 1975 aerial photograph, it appears that the northern approximately
113 of the site has been historically cleared, and disturbed by agricultural activities. This
area consists of disturbed dry prairie and shrub and brush lands, with remnant farm
furrows and ridges running through it. It also contains exotic vegetation (Brazilian
pepper, earleaf acacia, and java plum) and nuisance ruderal species (dog fennel,
ragweed, and Spanish needles). The southern approximately 2/3 of the site is
predominantly native pine/palmetto flatwoods of good quality with some hydric pine.
There is one 1.5 acre jurisdictional wetland area on the site. Two abandoned gopher
tortoise burrows also currently exist on the site. Other land uses include a cleared strip
of land previously provided for temporary access to the parcel to the south, disturbed
previously cleared areas along the eastern property boundary, and an "L" shaped ditch
with associated berms and drainage ditches. The soil types on the site include Oldsmar
Fine sand.
1.6 PROJECT DESCRIPTION
The project will consist of +1- 15.15 acres of commercial andlor professional office
development. The site plan has been configured to take advantage of the location within
an existing Interchange Activity Center and to maintain market flexibility for future
development. The plan allows for either a single use development or multiple uses on
the property.
6
SECTION II
PROJECT DEVELOPMENT
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 Pine View shall be in accordance with the
contents of this Document, CPUD - Commercial Planned Unit Development District and
other applicable sections and parts of the Land Development Code and Growth
Management Plan in effect at the time of building permit application. Where these
regulations fail to provide developmental standards, then the provisions of the most
similar district in the Land Development Code shall apply.
b. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in Land Development Code in effect at the time of building permit
application.
c. All conditions imposed and all graphic material presented depicting
restrictions for the development of Pine View shall become part of the regulations, which
govern the manner in which the CPUD site may be developed.
d. Unless modified, waived or excepted by this CPUD, the provisions of
other sections of the Land Development Code where applicable, remain in full force and
effect with respect to the development of the land which comprises this CPUD.
e. Development permitted by the approval of this Petition will be subject to a
concurrency review under the provisions of the Adequate Public Facilities Ordinance.
f. The petitioner's property is located outside an area of
historic/archaeological probability as designated on the official Collier County Probability
Map. Therefore, no historic/archaeological survey and assessment is required.
Pursuant to the Land Development Code, if during the course of site clearing, excavation
or other construction activity, an historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Code Enforcement Department contacted.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
a. The project development plan, including layout of streets and use of land
for the various tracts, is illustrated graphically by Exhibit "A", CPUD Master Plan.
Necessary water management lakes or detention areas and the general configuration of
street rights-of-way, are also illustrated by the CPUD Master Plan.
7
DEVELOPABLE AREA
PRESERVE AREA
WATER MANAGEMENT
PERPETUAL USE EASEMENT
12.58 acres
1 .1 6 acres
.83 acres
.58 acres
Total:
15.15 acres
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
a. Prior to the recording of a record plat, and/or condominium plat for all or
part of the PUD final plans of all required improvements shall receive approval by the
appropriate Collier County governmental agency to ensure compliance with the CPUD
Master Plan, the Subdivision Code, and the platting laws of the State of Florida.
b. Exhibit "A", CPUD Master Plan, constitutes the required CPUD
Development Plan. Subsequent to or concurrent with CPUD approval, a preliminary
subdivision plat, if applicable, shall be submitted for the entire area covered by the
CPUD Master Plan. Any division of property and the development of the land shall be in
compliance with Land Development Code, and the platting laws of the State of Florida.
c. The provisions of the Land Development Code, when applicable, shall
apply to the development of all platted tracts or parcels of land, as provided in the Land
Development Code, prior to the issuance of a building permit or other development
order.
d. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
2.5 AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN
Code.
Amendments may be made to the CPUD in accordance with Land Development
2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Whenever the developer elects to create land area andlor recreation amenities
whose ownership and maintenance responsibility is a common interest to all of the
subsequent purchasers of property within said development in which the common
interest is located, that developer entity shall provide appropriate legal instruments for
the establishment of a property owners' association whose function shall include
provisions for the perpetual care and maintenance of all common facilities and open
spaces, subject further to the provisions of the Collier County Land Development Code.
8
SECITON III
COMMERCIAL AREAS PLAN
3.1.1 PURPOSE
The purpose of this Section is to identify the type of Commercial Uses and
development standards that will be applied the project.
3.2 DEVELOPMENT EMPHASIS
The subject property is wholly contained within Activity Center #10, as identified
in the Growth Management Plan. Whippoorwill Lane and an automobile service station
with convenience store border it on the East. The Western property line borders the
Pine Ridge Center East PUD, which is joined via future access connection to the Pine
Ride Center West PUD. Both PUDs contain uses ranging in intensity from C-1 to C-4
zoning as contained in the Land Development Code. The subject property is permitted a
full array of commercial uses as indicated in the Growth Management Plan, and as such,
this Document and the uses contained herein are consistent with the Growth
Management Plan.
3.3 USES PERMITTED
No building or structures or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
a. Permitted Uses
1. Amusements and recreation services, indoor (groups 7911-7941,
7991-7993,7997,7999).
2. Apparel and accessory stores (groups 5611-5699).
3. Auto and home supply stores (group 5531).
4. Automotive repair, services, parking (groups 7514, 7515, 7521).
5. Building materials, hardware and garden supplies (groups 5231-
5261 ).
6. Business services (groups 7311-7352, 7359 except airplane,
industrial truck, portable toilet and oil field equipment renting and
leasing, 7361-7397 except armored car and dog rental, 7384,
7389 except auctioneering, bronzing, field warehousing, salvaging
and damaged merchandise).
7. Commercial printing (group 2752, excluding daily newspapers).
8. Communications (groups 4812-4841) except communication
towers.
9. Eating and drinking establishments (groups 5812, 5813) excluding
bottle clubs. All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to
the location requirements of the Land Development Code.
10. Engineering, accounting, research, management and related
services (groups 8711-8748).
9
11 . Food stores (groups 5411-5499).
12. Fueling locations without convenience commercial uses, only
when located with another permitted use. No diesel fuel sales.
13. General merchandise stores (groups 5311-5399).
14. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing homes
assisted living facilities pursuant to state statute 400.402 F.S. and
ch.58A-5 F.A.C.; and continuing care retirement communities
pursuant to state statute 651 F.S. and ch.4-193 F.A.C.; and all
subject to the Land Development Code.
15. Health services (groups 8051-8059, 8062-8069, 8071, 8072,
8092-8099).
16. Home furniture, furnishing and equipment stores (groups 5712-
5736)
17. Hotels and motels (groups 7011, 7021, 7041 when located in an
activity center).
18. Miscellaneous repair services (groups 7629-7631).
19. Miscellaneous retail (groups 5912-5963, except pawn shops,
5992-5999).
20. Non-depository credit institutions (groups 6111-6163).
21. Paint, glass and wallpaper stores (group 5231).
22. Personal services (groups 7211,7212,7215-7217,7219,7221-
7251,7261 except crematories, 7291-7299).
23. Public administration (groups 9111-9199, 9229, 9311, 9411-9451,
9511-9532, 9611-9661).
24. Retail nurseries, lawn and garden supply stores (group 5261).
25. Real estate (group 6512).
26. Social services (groups 8322-8399, except for homeless shelters
and soup kitchens).
27. Veterinary services (groups 0742, 0752 excluding outside
kenneling).
28. Videotape rental (group 7841).
29. United States Postal Service (group 4311 except major
distribution centers).
30. Motor vehicle dealers, new and used (groups 5511 and 5521).
31. Automotive repair, services and parking (groups 7514, 7515,
7521, 7542, 7549 and 7532 only in conjunction with use number
5511 or 5521).
32. Any other use that 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 uses
permitted as of right in this district.
2. Caretakers' residence, subject to the Land Development Code.
3.4 DEVELOPMENT STANDARDS
10
a.
Minimum Lot Area:
10,000 square feet
b.
Minimum Lot Width:
100 feet
c.
Minimum Yard Requirements:
1. Along Pine Ridge Road:
2. Along Whippoorwill Lane:
3. Along South property line:
4. Along Western property line
25 feet
25 feet
50 feet
25 feet
d.
Minimum Yards (internal):
1. Front Yard:
2. Side Yard:
3. Rear Yard:
4. Waterfront:
5. Preserve (Setback):
1. Accessory Structures:
15 feet
1 0 feet
20 feet
25 feet
25 feet
1 0 feet
e.
Maximum height:
45 feet
f. Minimum floor area: 700 square feet gross floor area on ground floor (for
principal structures). Guardhouses or gatehouses are exempt from this limitation.
g. Minimum off-street parking and off-street loading: As required by the Land
Development Code.
h. Landscaping: As required by the Land Development Code.
i. Lighting: Lighting shall be located so that no light is aimed directly toward
a property designated residential nor shall lighting be located within 200 feet of
residential property.
j. Signs: Project signage will comply with the Land Development Code.
k. Architectural and site design standards. All commercial buildings and
projects shall be subject to the provisions of the Land Development Code.
I. Off-site' removal of earthen material: The excavation and stockpiling of
earthen material in preparation of water management facilities or to otherwise develop
water bodies is hereby permitted. If a surplus of earthen material exists, that its off-site
disposal is also hereby permitted, subject to the following conditions:
1 . Excavation activities shall comply with the definition of a
"development excavation" pursuant to the Code of Laws and Ordinances, whereby off-
site removal shall be limited to 10% of the total, up to a maximum of 20,000 cubic yards.
2. All other provisions of the Land Development Code are applicable.
11
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2 GENERAL
All facilities shall be constructed in strict accordance with final site development
plans, final subdivision plats 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 Land Development Code shall apply
to this project even if the land within the CPUD is not to be platted. The developer, his
successor and assigns, shall be responsible for the commitments outlined in this
Document.
The developer, his successor or assigns, shall follow the Master Plan and the
regulations of the CPUD, as adopted, and any other conditions or modifications as may
be agreed to in the rezoning of the property. In addition, any successor or assignee in
title to the developer is bound by commitments within this Document.
4.3 CPUD MASTERPLAN
a. Exhibit "A", CPUD Master Plan, illustrates the proposed development and
is conceptual in nature. Proposed tract, lot or land-use boundaries or special land use
boundaries shall not be construed to be final and may be varied at any subsequent
approval phase, such as final platting or site development plan application. Subject to
the provisions of the Land Development Code, amendments may be made from time to
time.
b. All necessary easements, dedications, or other instruments shall be
granted to ensure the continued operation and maintenance of all service utilities and all
common areas in the project.
4.4 SCHEDULE OF DEVELOPMENT 1 MONITORING REPORT AND SUNSET
PROVISION
a. The project is proposed to start construction of infrastructure in 2007.
Should the project not develop in a single phase, the absorption of the entire project is
based upon a mix of commercial uses and is estimated to take seven to ten years.
b. This project shall be subject to the Sunset Provisions of the Land
Development Code.
12
c. Common areas, including areas, devoted to water management facilities
will be dedicated to a common property owners association, if applicable, for purposes of
maintenance and care.
d. An annual monitoring report shall be submitted pursuant to the Land
Development Code.
4.5 SUBSTITUTION TO DESIGN
PRACTICE/REG ULA TIONS
STANDARDS FOR SUBDIVISION
a. Appendix B: Roads (exclusive of access easements) within the project
will be designed and built as private roads with no maintenance responsibility by Collier
County. These roads shall have a right-of-way of 50 feet. Pavement width shall be a
minimum of 22 feet for two-way traffic.
b. Internal roads that run parallel to water management lakes or detention
areas shall be located a minimum of 20 feet from the top of bank or control elevation,
whichever is greater.
4.6 TRANSPORTATION
a. All traffic control devices, signs. pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current
edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition.
All other improvements shall be consistent with and as required by the Land
Development Code. (LDC)
b. Arterial level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of occupancy (CO).
c. Access points, including both driveways and proposed streets, shown on
the PUD 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
PUD Amendment is to be processed.
d. 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.
e. Road impact fees shall be paid in accordance with the applicable Impact
Fee Ordinance, as it may be amended.
13
f. All work within Collier County rights-of-way or public easements shall
require a right-of-way permit.
g. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution No. 01-247), as it may be
amended, and the Land Development Code, as it may be amended. Collier County
reserves the right to modify or close any median opening existing at the time of approval
of this CPUD which is found to be adverse to the health, safety and welfare of the public.
Any such modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
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 shall 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.
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 an 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.
I. Adjacent developments have been designed to provide shared access or
interconnections with this development. The CPUD Master Plan indicates these
locations. The developer, or assigns, shall provide the interconnection upon approval of
the first development order.
m. The developer shall dedicate to Collier County, as of the effective date of
this ordinance and without severance damages, 12 feet of property along the eastern
boundary of the CPUD for Whippoorwill Lane improvements as depicted on the
attached CPUD Master Plan.
n. Prior to the issuance of a development order, updated traffic analysis will
be performed by the developer for the intersection of Whippoorwill Lane and Pine Ridge
Road. The additional analysis shall outline improvements that are required to address
the intersection failing movements. The developer shall dedicate the right-of-way
reservation area as shown on the CPUD Master Plan to facilitate the improvements. No
cas shall be issued until all intersection improvements have been completed. Should
the developer improve the intersection as outlined in the traffic analysis, the County will
reimburse the developer in the form of impact fee credits for all improvements above its
fair share. Site related improvements shall not be eligible for impact fee credits.
14
o. A perpetual use easement will be dedicated to the County, in accordance
with the CPUD Master Plan, to provide access from Whippoorwill Lane to the Pine Ridge
Center to the West. Prior to issuance of a development order, the easement shall be
recorded with Collier County. The recording information shall be provided as part of the
D.O. application.
p. Improvements to the intersection of Pine Ridge Road and Whippoorwill
shall be completed prior to the first CO being issued for the subject property. The
property owner shall be responsible for his fair share of the cost of the intersection
improvements. Should the developer be required to improve the intersection, projects
that contribute to the intersection traffic will be required by County Staff to reimburse the
property owner for the intersection analysis, design and construction based on a fair
share formula determined at the time of Development Order.
4.7 WATER MANAGEMENT
a. In accordance with the Rules of the South Florida Water Management
District (SFWMD), Chapters 40E-4 and 40E-40 Florida Administrative Code, this project
shall be designed for a storm event of 3-day duration and 25-year return frequency and
shall be reviewed and permitted by the SFWMD unless deligated to Collier County by
SFWMD.
4.8 UTILITIES
a. County water service is available via a 12-inch water main located along
Pine Ridge Road. The developer is responsible to tap the main to provide both potable
water and fire fighting capability to the site.
b. County sewer service is available via an 8-inch force main located along
Pine Ridge Road. The developer is responsible for providing the necessary connections
to supply the site with County sewer service.
c. All facilities extended to the site and which lie in platted rights-of-ways
shall be owned and maintained by the Collier County WaterlSewer District. The
facilities, whether owned and maintained by the District or privately owned, shall be
reviewed and installed in accordance with the requirements of applicable County
ordinances and all federal, state and other existing rules and regulations.
4.9 ENGINEERING
a. Work within rights-of-way shall meet the requirements of Collier County
Right-Of-Way Ordinance.
4.10 ENVIRONMENTAL
a. An appropriate portion of the native vegetation shall be retained on site as
required by the Land Development Code. For this site, a minimum of 15% of the
existing native vegetation shall be preserved onsite, a minimum of 1.16 acres.
15
b. Storm water run-off shall not discharge directly into the preserve without
pre-treatment.
4.11 LANDSCAPING FOR OFF-STREET AREAS
All landscaping for off-street parking areas shall be in accordance with the Land
Development Code in effect at the time of building permit application.
4.12 DEVIATIONS
a. The landscape buffer immediately adjacent to the 12 foot right-of-way
reservation along Whippoorwill Lane shall be reduced to 10 feet in width
but shall contain the plantings within the required 20 foot Type 'D' Buffer.
b. The perpetual use easement shown on the CPUD Master Plan will not
require sidewalks in accordance with Section 6.06.02 of the Land
Development Code. Sidewalks shall be provided in accordance with
Exhibit 'C', Sidewalk Exhibit for that area of the project including the
perpetual use easement northward. Subsequent development shall
comply with Section 6.06.02 as amended.
16
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lYPICAL ~E SECTIOh{
!'U.S.
EXHIBITC
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 2007-06
Which was adopted by the Board of County Commissioners
on the 23rd day of January, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of January, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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By: Ann Jennejohn,
Deputy Clerk