Ordinance 2020-039 ORDINANCE NO. 20- 3 9
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 07-30, THE HAMMOCK PARK COMMERCE CENTRE
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), TO
ALLOW UP TO 265 MULTI-FAMILY RENTAL DWELLING UNITS
PLUS 80,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT AS
AN ALTERNATIVE TO 160,000 SQUARE FEET OF RETAIL AND
OFFICE CURRENTLY ALLOWED; BY CHANGING THE NAME OF
THE CPUD FROM HAMMOCK PARK COMMERCE CENTRE TO
THE HAMMOCK PARK MIXED-USE PLANNED UNIT
DEVELOPMENT (MPUD); BY REVISING THE DEVELOPMENT
STANDARDS; BY AMENDING THE MASTER PLAN AND REVISING
DEVELOPER COMMITMENTS. THE SUBJECT PROPERTY IS
LOCATED AT THE NORTHEAST CORNER OF RATTLESNAKE
HAMMOCK ROAD AND COLLIER BOULEVARD IN SECTION 14,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 19.13± ACRES; AND BY PROVIDING
AN EFFECTIVE DATE. [PL20180002813]
WHEREAS, WILTON LAND COMPANY LLC, represented by Richard D.
Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and Alexis Crespo, AICP of
Waldrop Engineering, P.A., petitioned the Board of County Commissioners to amend the CPUD
and change the zoning classification of the additional herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Zoning Classification.
The PUD Document attached to Ordinance No. 07-30, is hereby amended for a 19± acre
project to be now known as the Hammock Park Mixed-Use Planned Unit Development in
accordance with the revised MPUD Document, attached hereto and incorporated by reference
herein.
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 20-38 becomes
effective.
[19-CPS-01859/1575267/1]169
Hammock Park\PL20180002813 Page 1 of 2
10/21/20
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this c,/? day of O&dv I>(% , 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: �111 By:
C,
en Jerk Burt L. Saunders, Chairman
Attest'a ta Chaff n s
sic, atw;e`only,
Approved as to form and legality:
H idi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A - PUD Document
This ordinance flied with the
ko ary of S�at:: s Gfic'a the
and ackno�av'cdge� ncct
fill ig receive. this day
of \ ' _ �,. a.
BY -Deo .,iz
[19-CPS-01859/1575267/1]169
Hammock Park\PL20180002813 Page 2 of 2
10/21/20
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
Hammock Park Commerce Centro
€MPUD
A COMMERCIAL MIXED USE PLANNED UNIT DEVELOPMENT
Prepared by:
TAfyc
CONS
.L 1 V 7,L AL
I'lou7flrng Whiuli 41011
r% I 1{o,Arrrrm •Sarr'viu &%Iappol f
6610 WILLOW PARK DRIVE, SUITE
200
NAPLES, FLORIDA 34109
And
ROETZEL AND ANDRESS
850 PARK SHORE DRIVE
TRIANON CENTRE THIRD FLOOR
NAPLES,FLORIDA 31103
REVISED BY:
HOLE MONTES,INC.
950 ENCORE WAY
NAPLES,FLORIDA 31110
WALDROP ENGINEERING,P.A.
28100 BONITA GRANDE DR.#305
BONITA SPRINGS,FL 34135
AND
COLEMAN,YOVANOVICH AND KOESTER,P.A.
4001 TAMIAMI TRAIL,SUITE 300
NAPLES,FL 34102
Hammock Park MPUD—PUDA-PL20180002813
Last Revised: October 21,2020
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HAMMOCK PARK COMMERCE CENTRE GMPUD
TABLE OF CONTENTS
STATEMENT OF COMPLIANCE
SECTION I Property Ownership &Description
SECTION II Project Development
SECTION III Community Commercial- Mixed Use District
SECTION IV Preserve Area
SECTION V General Development Commitments
SECTION VI Requested Deviations from the LDC 1
LIST OF EXHIBITS
EXHIBIT "A" PUD Master Plan
EXHIBIT "A-1" Off-Premises Directional Sign Location 1
EXHIBIT "C-1" Tower Locations z
EXHIBIT "C-2" Tower Renderings 2
1. Approved in HEX decision 2014-28.
2. Approved in HEX decision 2016-42.
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STATEMENT OF COMPLIANCE
The development of approximately 20.23 19.13+/- acres of property in Section 14, Township 50
South, Range 26 East, Collier County, as a Commercial Mixed Use Planned Unit Development to be
known as Hammock Park Commerce Centre GMPUD will be in compliance with the planning goals
and objectives of Collier County as set forth in the Collier County Growth Management Plan(GMP).
The retail commercial,.a+4 office facilities,and multi-family apartment development of the Hammock
Park Commerce Centro GMPUD will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives for the following reasons:
1. The subject property is located within the northeast quadrant of the CR 951/Rattlesnake Hammock
Road Mixed Use Activity Center Land Use Designation as identified on the Future Land Use Map.
The permitted uses are described in the Activity Center Sub-district of the Urban - Commercial
District in the Future Land Use Element(FLUE). This category described in the FLUE permits a full
mix of residential and non-residential land uses in this area. This strategic location allows the site
superior access for the location of retail commercial and office land uses, and multi-family apartment
development.
2. The subject property's location in relation to existing or proposed community facilities and services
permits the development's intensity of land use as required in Objective 2 of the FLUE.
3. The project development is compatible with and complementary to existing and future surrounding
land uses as required in Policy 5.4-6 of the FLUE.
4. The project shall be in compliance with all applicable County regulations including the GMP.
5. All final development orders for this project are subject to the Adequate Public Facilities Ordinance,
Code of Laws requirements of the Collier County Land Development Code (LDC), as amended;as
r,et forth in Policy 3.1 of the FLUE.
6. The project has access from both CR 951 and Rattlesnake Hammock Road. Further,the access points
will be consistent with the adopted Access Management Plan for Mixed Use Activity Center #7,
which encourages shared access points along CR 951, and is further described in Policy 4.4 of the
FLUE.
7. Where possible, Hammock Park Commerce Centro will incorporate natural systems for water
management in accordance with their natural functions and capabilities as may be required by
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
8. The project will be served by a complete range of services and utilities as approved by the County.
9. No residential uses are being requested for this CPUD.
Hammock Park MPUD-PUDA-PL20180002813
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Page 3 of 20
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
name of Hammock Park Commerce Centro GMPUD.
1.2 LEGAL DESCRIPTION
A parcel of land located in the southwest 1/1 of Section 14, Township 50 South,u nge_26
O.R.1573,Page 355
The North one half EN 1/2)--ef the South one half(S 11
I/1) of the Southwest one quarter (SW 1/1) less the West 100 feet of roadway for County
Road 951; Section 14, Township 50 South, Range 26 East, Collier County, Florida and
of the Southwest one quarter (SW 1/1); Section 11, Township 50 South, Range 26 East,
Collier County, Florida. O.R. 1708, Page 1667
The South 1-/2 of the South 142 of the Southwest 1/4 f th c th st 1/^ o f Section l^
Township 50 South, Range 26 East, Collier County, Florida, less the west 100 feet thereof
for road right of way.
South Half(Sl/2) of the Southwest Quarter (SW1/4) of the Southwest Quarter (SWl/4) of
Section 14, Township 50 South, Range 26 East, Collier County, Florida, LESS the West
100 feet, and LESS the land described in Warranty Deed filed in Official Records Book
4336, page 3681, of the Public Records of Collier County, Florida.
and
The West Eighty feet(80') of the South Half(Sl/2) of the Southeast Quarter(SE1/4) of the
Southwest Quarter (SWI/4) of Section 14, Township 50 South, Range 26 East, Collier
County,Florida,LESS the land described in Warranty Deed filed in Official Records Book
4336, page 3681, of the Public Records of Collier County, Florida.
Containing 20.2319.13 acres, more or less.
Subject to easements, reservations or restrictions of record.
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1.3 PROPERTY OWNERSHIP
The subject property is currently owned by Wilton Land Company, LLC Sembler Family
Partnership#'12, Ltd.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located at the northeast quadrant of the intersection of
Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida.
The subject property is located within a Mixed Use Activity Center as designated on
the Future Land Use Map (FLUM).
B. The property is currently vacant.The entire site has Hammock Park Commerce Centre
MPUD Zoning.
1.5 PROJECT DESCRIPTION
The Hammock Park Commerce Centre CMPUD will include a mixture of land uses for retail
commercial and office, and multi-family apartment land uses. The Hammock Park
Commerce Centre CMPUD intends to establish guidelines and standards to ensure a high
and consistent level of quality for proposed features and facilities. Uniform guidelines and
standards will be created for such features and facilities as landscaping, signage, lighting,
roadway treatments, fences and buffers.
The Concept Plan is illustrated graphically on Exhibit "A", GMPUD Master Plan. A Land
1.6 SHORT TITLE
This Ordinance shall be known and cited as the "Hammock Park Commerce Centro
Commercial Mixed Use Planned Unit Development Ordinance"
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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 the Hammock Park Commerce Centre CMPUD shall
be in accordance with the contents of this Document, GMPUD - Commercial Mixed
Use Planned Unit Development District, applicable sections and parts of the LDC and
GMP in effect at the time of site development plan approval final local development
order or building permit application. Where these regulations fail to provide
developmental standards, then the provisions of the most similar district in the LDC
shall apply.
B. Unless otherwise noted,the definitions of all terms shall be the same as the definitions
set forth in the LDC in effect at the date of adoption of this PUD.
C. All conditions imposed and graphic material presented depicting restrictions for the
development of the Hammock Park Commerce Centre CMPUD shall become part of
the regulations that govern the manner in which the GMPUD site may be developed.
D. Unless specifically waived through any variance or waiver provisions from any other
applicable regulations, the provisions of those regulations not otherwise provided for
this GMPUD remain in full force and effect.
2.3 PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan is illustrated graphically by Exhibit "A",GMPUD Master Plan.
B. Minor modifications to Exhibit "A" may be permitted at the time of Site Development
Plan approval, subject to the provisions of the LDC, as amended, or as otherwise
permitted by this GMPUD Document.
C. In addition to the various areas and specific items shown in Exhibit "A", easements
(such as utility, private and semi-public) shall be established and/or vacated within or
along the properly, as may be necessary.
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2.4 LAND USE
A. Exhibit "A", GMPUD Master Plan, constitutes the required GMPUD Development
Plan. Except as otherwise provided within this GMPUD Document, any division of
the property and the development of the land shall be in compliance with the
subdivision regulations and the platting laws of the State of Florida.
B. Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedications and the methodology for providing perpetual maintenance of
common facilities.
2.5 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to the LDC,as amended, 15%of the native vegetation on site shall be retained.The
exact boundaries of the preserve may vary in order to accommodate final alignment of
Rattlesnake Hammock Extension but a minimum of 1.63 acres of native preserve shall be
provided for in accordance with the LDC.
2.6 SIGNS
Signs shall be in accordance with the LDC, as amended except as provided herein and under
Section 6.1. "Sign Deviations."'
A. One (1) off-premises directional sign for the Hacienda Lakes PUD/DRI shall be permitted
in the northeast quadrant of the intersection of C.R. 951 and Rattlesnake Hammock Road,
as depicted and labeled per Exhibit A-1. This off-premises sign shall be allowed in addition
to other signage allowed by the LDC. The off-premises sign shall contain only the name of
the overall project and the insignia or motto of the entire development.'
B.The off-premises directional sign for the Hacienda Lakes PUD/DRI shall be no greater than
13 feet in height, and total square footage of all sign copy areas (name of the project and
insignias or mottos)shall not exceed 38 square feet(see Deviations#1 and#2 under Section
6.1. "Sign Deviations").'
1. Approved in HEX decision 2014-28.
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Page 7 of 20
SECTION III
COMMUNITY COMMERCIAL-MIXED USE DISTRICT
3.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for areas within
the Hammock Park Commerce Centre CMPUD designated on Exhibit "A", GMPUD Master Plan
as C/MU, "Commercial/Mixed Use".
3.2 GENERAL DESCRIPTION
A. There is one area designated as C/MU, "Commercial/Mixed Use" on the Master Plan.
This "Commercial/Mixed Use" area is intended to accommodate different ranges of
retail and office uses, multi-family rental dwelling units, essential services, and
customary accessory uses. A maximum of 80,000 square feet of commercial plus 265
multi-family rental residential dwelling units, or 160,000 square feet commercial only
shall be permitted in the locations depicted on Exhibit 'A' PUD Master Plan. All uses
are subject to the trip cap in Section 5.5.N.
B. The approximate acreage of the "Commercial/Mixed Use" parcel is as follows:
Parcel: Acreage: Use:
Tract 1 19.13O ± Retail/a+4Office/Multi-Family
Right-of-way outside of development area 1.18± Right-of-way
Total 19.1320.23±
Actual acreage of all development tracts will be provided at the time of Site Development
Plan r Prelimina..., Sub,1iyision Plat approvals in accordance with the LDC,as amended.
Commercial/Mixed Use tracts are designed to accommodate internal roadways, open
spaces, lakes,water management facilities,and other similar uses.
C. Within the Hammock Park Commerce Centre CMPUD, up to a maximum of one
hundred sixty thousand (160,000) square feet of retail and office uses are allowed
subject to Section 3.2.A. Land uses for the development may be permitted as generally
outlined below and subject to the trip cap in Section 5.5.N.
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 in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Amusement and recreation services, Indoor only (Groups 7911-7941, 7991, 7993,
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7997, 7999)
2. Apparel and accessory stores (Groups 5611, 5621, 5631, 5641, 5651, 5661, 5699)
3. Automotive repair, services and parking (Groups 7514, 7542) All uses are prohibited
within 500 feet from the easterly right-of-way line of C.R. 951.
4. Auto and home supply stores (Group 5531)
5. Building construction - general contractors (groups 1521 -1542).
6. Building materials, hardware, garden supply (Groups 5231, 5251, 5261)
7. Business services (Groups 7311, 7323, 7334, 7335, 7336, 7338, 7352, 7359,
7371-7379, 7384, 7389)
8. Communications (Groups 4832, 4833)
9. Construction - special trade contractors (Groups 1711-1793, 1796, 1799)
10. Depository institutions (Groups 6011-6099)
11. Eating and drinking places (Groups 5812, 5813 except contract feeding, food service and
industrial feeding)
12. Engineering, accounting and management (Groups 8711-8721, 8741, 8742, 8748)
13. Food stores(Groups 5411, 5421, 5441, 5451, 5461, 5499)
14. Funeral service and crematories (Group 7261)
15. Gasoline service stations (5541 subject to the provisions of the LDC)
16. General merchandise stores (Groups 5311, 5331, 5399)
17. Hardware stores (5251)
18. Health services (Groups 8011-8059)
19. Home furniture, furnishings, and equipment stores (Groups 5712, 5713, 5714,
5719,5722,5731,5734,5735,5736)
20. Hospitals (Group 8062)
21. Hotels and motels (Group 7011)
22. Insurance agents, brokers and service (Group 6411)
Hammock Park MPUD—PUDA-PL20180002813
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23. Membership organizations (Groups 8641, 8661)
24. Miscellaneous repair services (Groups 7622, 7623, 7629, 7631, 7641) (Group 7699
with approval of County Manager, or his designee, who shall be guided by the
objective of allowing uses that are compatible with existing development.)All uses are
prohibited within 500 feet of the easterly right-of-way line of C.R. 951.
25. Miscellaneous retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 5993,
5999)
26. Motion pictures (Groups 7832-7833)
27. Museum, art galleries (Group 8412)
28. Multi-family rental dwelling units.
298.. Non-depository credit institutions (Groups 6141, 6159, 6162,6163)
2030. Offices (All Groups)
310. Personal services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241, 7251,
7291)
32-1-. Restaurants (All Groups)
323. Real estate (Groups 6531, 6541, 6552)
334.Social services(Group 8351)
345.United States Postal Service (Group 4311)
366. Veterinarian's office (Group 0742, except no outside kenneling)
367. Any other use which is comparable in nature with the foregoing uses may be permitted
subject to the procedures set forth in the LDC, as amended.
3.4 ACCESSORY USES AND STRUCTURES
A. Uses and structures that are accessory and incidental to uses permitted.
B. Any other accessory use which is comparable in nature with the foregoing uses may
be permitted subject to the procedures set forth in the LDC, as amended.
3.5 DEVELOPMENT STANDARDS (COMMERCIAL)
A. Minimum lot area: Ten thousand (10,000) square feet.
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B. Minimum lot width: One hundred (100) feet.
C. Minimum yard requirements:
1. Front yard: Twenty-five (25) feet.
2. Side yard: Zero for common or abutting walls, otherwise one-half the height of
the building, but not less than ten (10) feet.
3. Rear yard: Twenty (20) feet.
4. Preserve:Twenty-five(25) feet(Principal)Ten(10)feet(Accessory)
D. Distance between principal structures: The distance between any two principal
structures on the same parcel shall be fifteen (15) feet or a distance equal to one half
the sum of their heights, whichever is greater.
E. Minimum floor area of principal structure: Seven hundred (700) square feet per
building on the ground floor.
F. Landscaping and off-street parking shall be in accordance with the LDC, as amended.
G. Maximum height: Fifty (50)feet.
H. General application for setbacks:Front yard setbacks shall comply with the following:
1. If the parcel is served by a public or private right-of-way, the setback is
measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is measured
from the back of curb or edge of pavement.
3. If the parcel is served by a platted private drive, the setback is measured from the
road easement or property line.
I. All buildings, landscaping and visible infrastructures shall be architecturally and
aesthetically unified. Said unified architectural theme shall include a similar architectural
design and similar use of materials and colors on all of the buildings to be erected on site.
Landscaping and streetscape materials shall also be similar in design throughout the
site. A conceptual landscape plan for the entire site shall be submitted concurrent with
the first application for site development plan approval.
J. Outside storage or display of merchandise is prohibited unless it is ancillary to a permitted
use and screened from view from adjacent public roadways. Outside storage may be
approved by the County Manager, or his designee, as part of the approval of an SDP.
K. The FP&L easement may be used for ancillary uses such as parking, storage, service drives,
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and water management, provided written authorization for those uses is obtained from
FP&L and submitted with the application for SDP.
L. The two accessory tower structures described in Deviation 3 shall have a minimum PUD
perimeter setback of ten (10) feet, and a maximum actual height of thirty (30) feet for the
southern tower and maximum actual height of fifteen(15)feet for the northern most tower)-
W Approved in HEX decision 2016-42.
3.6 DEVELOPMENT STANDARDS(RESIDENTIAL)
PRINCIPAL STRUCTURES MULTI-FAMILY
Min. Lot Area 1 acre
Min.Lot Width N/A
Min. Lot Depth N/A
Front Yard 0 ) 10 feet
Side Yard 5 feet
Min. Lake Maintenance Easement Tract Setback 0 feet
Min. Setback from FPL Easement 0 feet
Min. PUD Boundary Setback, excluding boundary abutting_ 25 feet
FPL Easement
Min. Distance Between Buildings 20 feet
Rear Yard 10 feet
Preserve 25 feet
MAXIMUM HEIGHT
Actual 60 feet
Zoned 50 feet
ACCESSORY STRUCTURES
Front Yard SPS
Side Yard SPS
Rear Yard 5 feet
Preserve 10 feet
MAXIMUM HEIGHT
Actual SPS
Zoned SPS
Footnotes:
(1)Front setback is measured from the edge of pavement or back of curb except for public roads.
GENERAL: Except as provided for herein,all criteria set forth below shall be understood to be in relation to individual parcel or lot
boundary lines,or between structures. Property owners'association boundaries shall not be utilized for determining development standards.
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SECTION IV
PRESERVE AREA
4.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Preserve
Area on Exhibit "A", GMPUD Master Plan. The primary function and purpose of this Tract is
to preserve and protect vegetation and naturally functioning habitats, such as wetlands,
including upland buffers, in their natural, and/or enhanced state.
4.2 USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in whole
or in part, for other than the following, subject to the issuance of regional, state and federal
permits, when required:
A. Permitted Principal Uses:
1) NatufePPreserves.
B. Accessory Uses:
1) Water management structures.
2) Mitigation areas.
3) Hiking trails, boardwalks, shelters, or other such facilities constructed for the
purposes of passage through or enjoyment of the site's natural attributes,
subject to approval by the appropriate permitting agencies.
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SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the standards for development of the project.
5.2 GENERAL
A. All facilities shall be constructed in strict accordance with the Final Site Development
Plans, FinalS„bdivision Plats, and all applicable State and local laws, codes, and
regulations applicable to this GMPUD. Except where specifically noted or stated
otherwise, the standards and specifications of the LDC, as amended, shall apply to this
project even if the land within the GMPUD is not to be platted.
B. The developer, his successor and assigns, sha
outlined in this Document. The developer, his successor and 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
,ueecssor or assigns of the developer are bound by the commitments within thi&
agreement One entity (hereinafter the Managing Entity) shall be responsible for PUD
monitoring until close-out of the PUD, and this entity shall also be responsible for
satisfying all PUD commitments until close-out of the PUD. At the time of this PUD
approval, the Managing Entity is the Wilton Land Company, LLC. Should the
Managing Entity desire to transfer the monitoring and commitments to a successor
entity, then it must provide a copy of a legally binding document that needs to be
approved for legal sufficiency by the County Attorney. After such approval, the
Managing Entity will be released of its obligations upon written approval of the transfer
by County staff, and the successor entity shall become the Managing Entity. As Owner
and Developer sell off tracts,the Managing Entity shall provide written notice to County
that includes an acknowledgement of the commitments required by the PUD by the new
owner and the new owner's agreement to comply with the Commitments through the
Managing Entity, but the Managing Entity shall not be relieved of its responsibility
under this Section. When the PUD is closed-out, then the Managing Entity is no longer
responsible for the monitoring and fulfillment of PUD commitments.
C. Pursuant to Section 125.022(5)F.S., issuance of a development permit by a county does not
in any way create any rights on the part of the applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the county for issuance of the
permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed
by a state or federal agency or undertakes actions that result in a violation of state or federal
law.
D. All other applicable state or federal permits must be obtained before commencement of the
development.
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E. A recorded and documented notification to residential renters or owners will be provided in
all contracts to purchasers, renters, or leases, regarding the location of the Swamp Buggy
Grounds.
5.3 PUD MASTER PLAN
A. Exhibit "A", GMPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, 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 approval. Subject to the
provisions of the LDC, 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 sewer utilities and all common areas in
the project.
5.4 WATER MANAGEMENT
A. Excavation permits shall be required for the proposed lakes in accordance with the LDC,
as amended. Excavated material from the property is intended to be used within the
project site.
B. Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services staff for review. No construction permits shall be issued unless and
until approval of the proposed construction in accordance with the submitted plans is
granted by Engineering Review Services.
C. In accordance with the Rules of the South Florida Water Management District
(SFWMD),Chapters 40E-4 and 40E-40,this project shall be designed for a storm event
of 3-day duration and 25-year frequency.
D. The proposed stormwater management system for the project will outfall to the existing
drainage canal running along the site's western boundary line. Commitment Completed
5.5 TRANSPORTATION
A. The developer shall provide a fair share payment toward the capital improvements at the
intersection of CR 951 and Rattlesnake Hammock Road. This shall occur at the time of first
Certificate of Occupancy within 90 days of request for said payment by Collier County.
B.The developer shall provide any required arterial level street lighting at the project entrances prior
to the issuance of a certificate of occupancy (CO).
B. E The project entry from CR 951 shall be located at the northwest corner of the property and
designed to provide shared access with the parcel to the north. All necessary dedications and
easements shall be provided with the application for first development order.
C. D Following zoning approval, interconnections as shown on the Master Plan shall be designed
Hammock Park MPUD—PUDA-PL20180002813
Last Revised: October 21,2020
Page 15 of 20
and accommodated on the appropriate development order phase that may occur,or as directed by the
Transportation Division.
F Site ..elated improvementnecessary for safe ingress and egress to this project, as determined by
Collier County,shall not be eligible
place and available to the public prior to the the-first CO-or within 60 days of when
requested by Collier County.
Management Policy (Resolution No. 01 247), as it may be amended, and the LDC, as it may be
amended.Collier County reserves the right to modify or close any median opening existing at the
the public. Any such modifications shall b a b ` t l i' d t" fet ati" al
C1C%-VCC�+R-VTf�CTCTCr�[RRrTCIZTTCGITCO, jRi J) ^C'
circulation, and roadway capacity.
G. Nothing in any development girder shall vest a Fight-of of a r ght inlrigh` out
or a median opening, nor the lack thereof, be the basis for any future cause of action for
damages against the County by the developer, its successor-itltle,or-assignees lgin all
access points, including both driveways, proposed streets, pedestrian and vehicular
interconnections are considered to be conceptual. Nothingdepicted en any such Master Plan
All such access issues shall be ap
development orders.The n
Master Plan; however, no additional-external access points shall be-considered unless a PUD
amendments 1214D insubstantial channge t. d.
D. 14 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 or within 60 days of
when requested by the County.
E.4,Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall be required.The
amount shall be determined utilizing the FDOT 2004 Transportation Costs,as amended.Payment
shall be required within 60 days of written request of Collier County,or prior to site development
plan ,whichever is first.
F.4:At the request of Collier County,the developer shall install or make payment in lieu of construction,
at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter. The exact
location shall be determined during site development plan review.
G. I; The developer shall convey right-of-way along the project's south property line for the future
extension of Rattlesnake Hammock Road. The required right-of-way shall be determined by
Collier County. The dedications shall be provided no later than the earlier of(1) first issuance of
the first certificate of occupancy with respect to this Development, or (2) within 365 days of a
written request from Collier County.The developer shall convey a marketable title free of any liens,
encumbrances, exceptions, or qualifications, excluding those applicable to subsurface mineral
rights and/or natural gas deposits, existing FP&L and County easements, and any other existing
easements for utilities and drainage. The County agrees to condemn the easements described in
Items 7 and 11 on Exhibit A, QMPUD Master Plan, if necessary, to obtain termination of such
Hammock Park MPUD—PUDA-PL20180002813
Last Revised:October 21,2020
Page 16 of 20
easements. Marketable title shall be determined according to applicable title standards adopted by
the Florida Bar and in accordance with Florida law. Commitment Completed
H. L- The developer shall construct, at its sole expense, the canal crossing suitable for
expansion and consistent with a four-lane design for the north half of the Rattlesnake
Hammock future extension approach to CR 951. The canal crossing shall include all
appropriate turn lanes. Commitment Completed
I. M Should the developer permit a driveway on the Rattlesnake Hammock Road extension
less than 600 feet from the intersection of Collier Boulevard, the County, at its sole
discretion, may reduce the access point to a"right in" only if the County determines that
the access point has an impact on health, safety, and welfare or traffic circulation. This
reduction, if required, shall be at the developer's expense with no claim for damages to
the County. Commitment Completed
J. The maximum total daily trip generation for the PUD shall not exceed 577 two-way PM peak hour
net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of
application for SDP/SDPA approval.
K. Bridges providing pedestrian or vehicular traffic to the project will be brought (if existing) to
County standards by the petitioner(Wilton Land Company,LLC)or its successor at a time of Site
Development Plan approval.Unless County establishes a funding mechanism or County otherwise
agrees,owner as shown on the right-of-way permit shall own and maintain the bridges that provide
vehicular or pedestrian access to the MPUD.
5.6 UTILITIES
A. Water distribution, sewage collection and transmission facilities to serve the project are
to be designed, constructed, conveyed, owned and maintained in accordance with
applicable Collier County Ordinance and other applicable County rules and regulations.
B. Downstream wastewater system capacity is available for a commercial only project.Downstream
wastewater system capacity must be confirmed at the time of development permit(SDP)review
for a mixed-use project. The capacity for a mixed-use project will be discussed at a mandatory
pre-submittal conference with representatives from the Public Utilities Engineering and Project
Management Division and the Growth Management Development Review Division. Any
improvements to the Collier County Water-Sewer District's wastewater collection/transmission
system necessary to provide sufficient capacity to serve a mixed-use project will be the
responsibility of the developer to design,permit,and construct and will be conveyed to the Collier
County Water-Sewer District at no cost to the County at the time of utilities acceptance.
5.7 ENGINEERING
A. Except as otherwise provided within this GMPUD Document,this project shall be required
to meet all County ordinances in effect at the time final construction documents are
submitted for development approval.
Hammock Park MPUD—PUDA-PL20180002813
Last Revised: October 21,2020
Page 17 of 20
B. The subdivision of property into three (3) or more parcels, shall conform with applicable
laws pertaining to platting.
5.8 BUFFERS
The Hammock Park Commerce Centro MPUD shall provide perimeter buffering
consistent with the following table:
Direction Adjacent Use Buffer Type
North: Vacant Agriculturally Mixed Use zoned land itA2"—PER LDC AT TIME OF SDP OR PLAT
South: Rattlesnake Hammock/Sports Park Rd. D—' PER LDC AT TIME OF SDP OR PLAT
East: Vacant Agriculturally Mixed Use Zoned Land PER LDC AT TIME OF SDP OR PLAT
West: CR 951 and canal "D-" PER LDC AT TIME OF SDP OR PLAT
5.9 ENVIRONMENTAL
A. The developer shall comply with the guidelines and recommendations of the U.S. Fish
& Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation
Commission(FFWCC)regarding potential impacts to protected wildlife species. Where
protected species are observed on site, a Habitat Management Plan for those protected
species shall be submitted to Environmental Services Department Staff for review and
approval prior to final site plan/construction plan approval.
B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the
site, with emphasis on the conservation/preservation areas, shall be submitted to
Environmental Services Department Staff for review and approval prior to final site
plan/construction plan approval.
C. The project shall comply with the environmental sections of the LDC and the Growth
l7C.An Environmental Impact Statement(EIS)addressing existing conditions and anticipated
environmental impact(s) has been submitted as part of this EMPUD Document.
&D. All Category I invasive exotic plants,as defined by the Florida Exotic Pest Plant Council
shall be removed from within the preserve areas and subsequent annual removal of these
plants, in perpetuity, shall be the responsibility of the property owner.
&E. A Preserve Management Plan shall be provided to Environmental Services Staff for
approval prior to site/construction plan approval identifying methods to address treatment
of invasive exotic species, fire management, and maintenance.
Hammock Park MPUD—PUDA-PL20180002813
Last Revised: October 21,2020
Page 18 of 20
F. The subject site will provide 1.63 acres of native vegetation preserve. The native vegetation
preservation requirement will be satisfied on-site in accordance with the Land Development
Code. Any replanting of native vegetation to meet preserve standards shall comply with all
requirements set forth in LDC Section 3.05.07.H.
G. Existing vegetation in the conservation easement along the east may be used to satisfy the
landscape buffer requirements after exotic vegetation removal in accordance with LDC sections
4.06.02 and 4.06.05.E.1.Supplemental plantings with native plant materials shall be in accordance
with LDC section 3.05.07. In the event that a Type"B"buffer is required along the east boundary,
a minimum 6-foot-wide reservation located outside of the existing vegetation in the conservation
easement along the east will be conveyed by owner to a homeowner's association, property
owner's association or condominium association at time of SDP approval. In the event that the
existing vegetation in the conservation easement along the east does not meet the buffer
requirement after removal of exotics and supplemental planting in accordance with LDC Section
3.05.07, the owner will install landscape material in the reservation to meet the buffer
requirements.
H. Prior to the initiation of construction activities,the developer will coordinate with Collier County
and the USFWS with respect to the bald eagle nest regarding applicable guidelines and permitting
requirements as described in the USFWS National Bald Eagle Management Guidelines(USFWS
2007).
5.10 MISCELLANEOUS
A. Developer shall make 48 units available for rent for Essential Service Personnel (ESP) only. A
minimum of 27 of the 48 units will be income restricted to households earning 100% of Collier
County's median income. The income-restricted units will be offered for rent for a period of 30 years
to ESP persons in the amount of the most current Collier County Board-approved Table of Rental
Rates that establish the rental limits for the low-income category based on the number of bedrooms in
the unit.
B. The development is required to provide a minimum of 20,000 square feet of commercial uses,of which
a minimum of 5,000 square feet shall be dedicated to Eating and Drinking Places, Sit Down/Quality
Restaurants only(SIC 5812).A certificate of occupancy must be issued on a 5,000 SF restaurant prior
to issuance of the first certificate of occupancy for the multi-family rental dwelling units.
C. Storage Facilities, such as mini-storage or self-storage, shall be prohibited from this MPUD.
D. One(1)Transfer of Development Right(TDR)per acre shall be required.
Hammock Park MPUD—PUDA-PL20180002813
Last Revised:October 21,2020
Page 19 of 20
SECT.ION VI'1
REQUESTED DEVIATIONS FROM THE LDC!
6.1 DEVIATIONS!
A. Deviation #1 seeks relief from LDC Section 5.06.04.G.2.a to allow the off-premises
directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have a
maximum of 38 square feet in sign area (total square footage of all sign copy areas,
including the name of the project and insignias or mottos), rather than 12 square feet as
limited in the LDC.1
B. Deviation #2 seeks relief from LDC Section 5.06.04.G.2.b to allow the off-premises
directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have anaximum
height of 13 feet above the lowest center grade of the roadway adjacent to the sign location,
rather than 8 feet as limited in the LDC.'-
C. Deviation#3 seeks relief from LDC Section 4.02.03.A,which requires accessory structures
to be constructed simultaneously with or following the construction of the principal structure, to
instead allow accessory structures to be constructed prior to construction of the principal structure.
This deviation shall apply only to the two(2)accessory tower structures at the location depicted on
Exhibit C-1, "Tower Locations,"and further shown on Exhibit C-2,"Tower Renderings."2
1.Approved in HEX decision 2014-28.
2. Approved in HEX decision 2016-42.
Hammock Park MPUD—PUDA-PL20180002813
Last Revised: October 21,2020
Page 20 of 20
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th C-1 "TOWER LOCATIONS" INENGINEERING
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PREPARED FOR:
WILTON LAND COMPANY, LLC 281oo BONITA GRANDSPRINGS,
,FL 34 35 305
`� MONICA SPRINGS,FL 36135
0_ P:239-405-7777 F.239-405-7899
05 EMAIL:Infopwaldropengineering.com
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EXHIBIT C-2 "TOWER RENDERINGS" ENGINEERING
CIVIL ENGINEERING I PLANNING I LANDSCAPE ARCHITECTURE
fl PREPARED FOR:
WILTON LAND COMPANY, LLC 28100 BONITA SPRINGGRAND ,FLDRI 34•35 305
BONRA SPRINGS,FL 36135
P:239.405-7777 F•.239-405.7899
EMAIL:InfoQwaldropenglneering.com
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
November 4, 2020
Ms. Ann Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 20-39, which was filed in this office on November 4,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270