Ordinance 2007-42
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C't>~f:ZZZ~'t01; AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
SUBJECT REAL PROPERTY FROM THE
AGRICULTURAL (A) ZONING DISTRICT TO
RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT FOR A PROJECT KNOWN
AS THE BUTTONWOOD PRESERVE RPUD LOCATED
SOUTH EAST OF IMMOKALEE ROAD (CR 846) AND
COLLIER BOULEVARD (CR 951) INTERSECTION ON
TREE FARM ROAD APPROXIMATELY 0.7 MILES
EAST OF COLLIER BOULEVARD, IN SECTION 35,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 55 :!: ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
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WHEREAS, D. Wayne Arnold, AlCP of Q. Grady Minor & Associates P.A.
representing Elias Brothers Communities Two, Inc., petitioned the Board of County
Commissioners to change the zoning classification of the subject real property known as
petition PUDZ-2006-AR-8997.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section
35, Township 48 South, Range 26 East, Collier County, Florida, is changed from the
Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD)
Zoning District in accordance with the Buttonwood Preserve RPUD Document, attached
hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas
map or maps as described in Ordinance Number 2004-41, as amended, the Collier
County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by super majority vote of the Board of County
Commissioners of Collier County, Florida, this ;;...4 day of (]~ ,2007.
PUDZ-2006-AR-8997
Page I of2
Ordinance
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~ 'liCe-1;(Cj 'ti:- BY
:Attest ilS tQ."~ martI:lillf <iLERK
$.jr,;n4tur~ .Qll1. ,
Approved as to form
and legal sufficiency
~'i~Dn.~-/Jb4~
Mwj "e M. Student-Stirling
Assistant County Attorney
PUDZ-2006-AR -8997 /MD/sp
PUDZ-2006-AR-8997
Page 2 of2
Al~A#
JMffis COLETTA, CHAIRMAN
Th's ordinance filed wl!tl !tie
Secretory o:J;ote's Office the
~dayo rTl ,~()'
and ack11owledgeme~f that
fili~ this _ doy
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Ordinance
BUTTONWOOD PRESERVE
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
55:!: Acres Located in Section 35
Township 48 South, Range 26 East,
Collier County, Florida
PREPARED FOR:
ELIAS BROTHERS COMMUNITIES TWO, INC.
1500 Collier Boulevard
Naples, Florida 34119
PREPARED BY:
Q. GRADY MINOR & ASSOCIATES, PA
3800 Via Del Rey
Bonita Springs, FI 34134
(239) 947-1144
(239) 947-0375 Fax
and
GOODLETTE COLEMAN AND JOHNSON, PA
4001 Tamiami Trail North, Suite 300
Naples, Florida 34104
(239) 435-3535
(239) 435-1218
DATE FILED
DATE APPROVED BY CCPC
DATE APPROVED BY BCC A>>ri 1 24, ;>007
ORDINANCE NUMBER ?007-d?
EXHIBIT "A"
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE ii
SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1
GENERAL DESCRIPTION
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III RESIDENTIAL 3-1
SECTION IV RECREATION 4-1
SECTION V PRESERVE 5-1
SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1
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EXHIBIT A
EXHIBIT B
EXHIBIT C
TABLE I
LIST OF EXHIBITS
BUTTONWOOD PRESERVE RPUD MASTER PLAN
BOUNDARY SURVEY
LOCATION MAP
DEVELOPMENT STANDARDS
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STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of the developer, to create a
Residential Planned Unit Development (RPUD) of 220 units on 55:!: acres of land located
in Section 35 Township 48 South, Range 26 East, Collier County, Florida. The name of
this Residential Planned Unit Development shall be Buttonwood Preserve RPUD. The
development of Buttonwood Preserve RPUD will be in compliance with the planning goals
and objectives of Collier County as set forth in the Growth Management Plan (GMP). The
development will be consistent with the growth policies and land development regulations
adopted pursuant to the GMP, Future Land Use Element (FLUE) and other applicable
regulations for the following reasons:
1. The entire 55:!: acres of the subject property is within the (Urban Mixed Use
District, Urban Residential Subdistrict), as identified on the Future Land Use Map
of the FLUE. The purpose of the Urban Residential Subdistrict is to provide for a
variety of residential and mixed-use developments such as Planned Unit
Developments.
2. The proposed residential density of the Buttonwood Preserve RPUD is 4 dwelling
units per acre and is consistent with the maximum density permitted by the FLUE
Density Rating System and is therefore consistent with FLUE Policy 5.1. A
maximum of 220 residential dwelling units are permitted within the PUD.
3. The Buttonwood Preserve RPUD is compatible with and complementary to
existing and future surrounding land uses as required in Policy 5.4 of the FLUE.
4. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
5. The development of the Buttonwood Preserve RPUD will result in an efficient and
economical extension of community facilities and services as required in Policy
3.1. of the FLUE.
6. The Buttonwood Preserve RPUD is a residential community, and is planned to
encourage ingenuity, innovation and imagination as set forth in the Collier County
Land Development Code (LDC), Residential Planned Unit Development District.
7. The Buttonwood Preserve RPUD is planned to 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.
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8. Objective 7 and its implementing policies 7.3 and 7.4 of the FLUE, encourage
smart growth initiatives such as project interconnection and creation of walkable
communities. The developer has explored project interconnection and it is not
feasible for this intill project given the existing development to the south and east,
and recent zoning to the west.
The Buttonwood Preserve RPUD will provide an internal pedestrian network with
connection to Tree Farm Road, which is consistent with FLUE Policy 7.4.
9. All tinallocal development orders for this Project are subject to the Collier County
adequate public facilities provisions of the LDC.
Buttonwood Preserve RPUD - AR-8997(3~23-07).doc
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TRFPUD
SHORT TITLE
This ordinance shall be known and cited as the "BUTTONWOOD PRESERVE
RESIDENTIAL PLANNED UNIT DEVELOPMENT ORDINANCE".
Buttonwood Preserve RPUD - AR-8997(3-23-07).doc
VI
TRFPUD
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of
the Buttonwood Preserve RPUD, and to describe the existing condition of the
property proposed to be developed.
1.2 LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE N 1/2 OF SECTION 35, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 35,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN
SOUTH 89057'27" WEST ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 1321.78 FEET TO THE POINT
OF BEGINNING OF THE PARCEL OF HEREIN DESCRIBED ;THENCE RUN SOUTH 02017'13"
EAST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 35, FOR A DISTANCE OF 639.17 FEET TO THE NORTHWEST CORNER OF TRACT
FD10 OF VANDERBILT COUNTRY CLUB-2 ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 32 AT PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE CONTINUE SOUTH 02017'13" EAST ALONG THE
WEST LINE OF SAID TRACT FD10, FOR A DISTANCE OF 669.14 FEET; TO THE
SOUTHWEST CORNER OF SAID TRACT FD10; THENCE RUN SOUTH B9056'23" WEST
ALONG THE NORTH LINE OF SAID TRACT FD10, A DISTANCE OF 1,322.09 FEET TO THE
SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 35; THENCE RUN NORTH 02016'23" WEST ALONG THE WEST LINE OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF
669.37 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE RUN SOUTH
89054'32" WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 990.00 FEET TO THE
SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST
1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE RUN NORTH 02018'34" WEST
ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST
1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35 FOR A DISTANCE OF 640.15 FEET TO A
POINT 30.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO THE NORTH
LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE
RUN NORTH 89057'23" EAST, PARALLEL WITH THE NORTH LINE OF THE NORTHEAST 1/4
OF THE NORTHWEST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 990.43 FEET TO A
POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 35: THENCE RUN NORTH 02016'23" WEST, ALONG THE WEST LINE OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF
30.06 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION
35: THENCE RUN NORTH 89057'23" EAST, ALONG THE NORTH LINE OF THE NORTHWEST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35, FOR A DISTANCE OF 1,321.79 FEET
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THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING
55.119 ACRES, MORE OR LESS.
1.3 PROPERTY OWNERSHIP
Elias Brothers Communities Two, Inc.
15100 Collier Boulevard
Naples, Florida 34119
1.4 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Section 35 Township 48 South, Range 26 East
Collier County, Florida. The site is generally located south east of the
Immokalee Road and Collier Boulevard intersection on Tree Farm Road
approximately 0.7 mile east of Collier Boulevard. Access to the site is
intended to be from Tree Farm Road.
B. The zoning classification of the subject property at the time of RPUD
application is A, Rural Agriculture.
C. Elevations within the site are approximately 12.5' above MSL. Per FEMA
Firm Map Community No. 120067, Panel No. 415 D, dated June 3, 1988,
the Buttonwood Preserve RPUD property is located within Zone "X" of the
FEMA flood insurance rate map.
D. The site has been altered extensively through past agricultural uses. Areas
of native vegetation have been identified as Preserves on the Conceptual
Master Plan.
E. The soil types on the site generally include Pineda-Boca-Hallandale. This
information was derived from the Soil Survey of Collier County, Florida,
1998.
F. The property is located in the 951 Canal North Basin of the Collier County
Drainage Atlas.
1.5 DENSITY
A. Acreage of the Buttonwood Preserve RPUD is approximately 55.:!: acres and
the number of dwelling units authorized to be built pursuant to this RPUD is
a maximum of 220. The gross project density, therefore, will be a maximum
of 4 units per acre.
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for
the Buttonwood Preserve RPUD, and to identify relationships to applicable County
ordinances, policies, and procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Buttonwood Preserve RPUD will be developed as a residential
community which may feature a mix of residential dwelling types, and
accessory recreational amenities.
B. The Conceptual Master Plan is illustrated graphically as Exhibit "A". A Land
Use Summary indicating approximate land use acreage is shown on the
plan. The Master Plan is conceptual, and the location, size, and
configuration of individual tracts and water management facilities shall be
determined at the time of final site development plan and/or preliminary
subdivision plat approval with minor adjustments at the time of final plat
approval, in accordance with the LDC.
TYPE
ACREAGE
Residential
R1
R2
Single family / Two family
Multi-family / Town home
9.57:!:
11.64:!:
Recreation Area
ROW
Lakes
Buffers / Other Open Space
Preserves
0.88:!:
5.73:!:
7.20:!:
6.53:!:
13.45:!:
TOTAL ACRES
55:!:
C. Access to the property shall be from Tree Farm Road.
D. The project shall be served with centrally provided potable water, sanitary
sewer, electrical power and telephone. Additional services shall be
provided as deemed appropriate.
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2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of the Buttonwood Preserve RPUD shall be in
accordance with the contents of this RPUD Ordinance and applicable
sections of the LDC and the GMP in effect at the time of approval of the
development order or orders to which these regulations relate. Where this
RPUD Ordinance does not provide developmental standards, then the
provisions of the specific sections of the LDC that are otherwise applicable
shall apply. Where specific standards are specified in this RPUD, these
standards shall prevail over those in the LDC.
B. Development permitted by the approval of this PUD will be subject to the
adequate public facilities provisions of the LDC.
C. Unless a deviation is approved as part of this RPUD or by subsequent
request, the provisions of other sections of the LDC remain in effect with
respect to the development of the land which comprises this RPUD.
D. All conditions imposed herein or as represented on the Buttonwood
Preserve Conceptual Master Plan are part of the regulations which govern
the manner in which the land may be developed.
E. The subdivision requirements of the LDC shall apply to the Buttonwood
Preserve PUD, except where a deviation is approved as part of this RPUD,
or otherwise granted pursuant to the LDC.
F. Recognizing that the plans for development of tracts have not been
designated with a specific dwelling unit type, the type of dwelling unit which
characterizes the initial development of any platted tract shall be carried out
throughout the development of that entire tract. However, tracts platted for
the purpose of establishing prototypical model homes shall not be required
to develop with a single dwelling unit type.
2.4 ROADWAYS
A. Standards for roads shall be in compliance with the applicable provisions of
the LDC regulating subdivisions, unless otherwise approved by a deviation,
either by this RPUD, or approved during subdivision plat approval. The
developer reserves the right to request substitutions to Code design
standards in accordance with the LDC. In compliance with the LDC, the
developer retains the right to establish gates, guardhouses, and other
access controls as may be deemed appropriate by the developer on all
privately owned and maintained project roadways and roadways built and/or
maintained by the Buttonwood Preserve RPUD.
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2.5 DEVIATIONS FROM LDC
A. Roadways within the Buttonwood Preserve RPUD shall be designed and
constructed in accordance with the Construction Standards Manual and the
LDC with the following substitutions:
Streets and access improvements:
1. Street right-of-way width:
Street right-of-way width: The minimum right-of-way width to be
utilized for local streets and cul-de-sacs shall be fifty (50) feet.
2. Dead-end streets:
Cul-de-sacs may exceed a length of one thousand (1,000) feet.
2.6 USE OF RIGHTS-OF-WAY
The developer may be allowed to place landscaping, signage, lighting, water
management facilities, berms, decorative walls and fences, utilities or decorative
entry features within private rights-of-way within the project, subject to permitting
agency approval.
2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Changes and amendments may be made to this RPUD Ordinance or the RPUD
Master Plan as provided in the LDC. Minor changes and refinements as described
herein may be made by the developer in connection with any type of development
or permit application required by the LDC.
2.8 COMMON AREA MAINTENANCE
Common area maintenance will be provided by the developer, or by a property
owners' association. For those areas not maintained by the developer, the
developer will create property owners' association or associations, whose functions
shall include provisions for the perpetual maintenance of common facilities and
open spaces. The developer or the property owners' association, as applicable,
shall be responsible for the operation, maintenance, and management of the
surface water and stormwater management systems and preserves serving the
Buttonwood Preserve RPUD in accordance with the provisions of the LDC together
with any applicable permits from the South Florida Water Management District.
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2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted throughout
the Buttonwood Preserve RPUD. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1 . Grassed berms 4: 1
2. Ground covered berms
Perimeter 3:1
Internal to project 3: 1
3. Bulkheads
2.10 FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Buttonwood
Preserve RPUD during construction. The following standards shall apply:
A. Stockpile maximum side slope 2: 1, if protected by a six foot (6') high fence,
otherwise a 4: 1 side slope shall be required.
B. Stockpile maximum height: Thirty feet (30').
C. Fill storage areas in excess of six feet (6') in height shall be located no
closer than one hundred feet (100') from any existing residential unit or
residential unit under construction.
D. Soil erosion control shall be provided in accordance with the LDC.
2.11 DESIGN GUIDELINES AND STANDARDS
A. The Buttonwood Preserve RPUD is a planned community and will be
developed under unified control. The developer will establish design
guidelines and standards to ensure a high and consistent level of quality
residential units and related community features and facilities which include
features and facilities such as landscaping, hardscapes, waterscapes,
signage, lighting, pedestrian systems, bicycle paths, pavement treatments,
roadway medians, fences, walls, buffers, berms and other similar facilities.
2.12 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the
Buttonwood Preserve RPUD. General permitted uses are those uses which
generally serve the developer and residents of Buttonwood Preserve RPUD and
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are typically part of the common infrastructure or are considered community
facilities.
A. General Permitted Uses:
1. Essential services as set forth in Section 2.01.03 of the LDC, which
include but are not limited to water and sewer lines, telephone and
cable services, electric transmission lines and the like.
2. Water management facilities and related structures.
3. Temporary sewage treatment facilities.
4. Lakes including lakes with bulkheads or other architectural or
structural bank treatments. Fishing piers, community boat docks and
similar structures are permitted within lake areas.
5. Agricultural uses. The property owner shall be entitled to utilize the
property for agricultural uses through December 31, 2006, or until
such time that the construction of infrastructure improvements
commence in support of the residential development
B. Development Standards:
Unless otherwise set forth in this Document, the following development
standards shall apply to structures:
1. Setback from back of curb or edge of pavement of any road - twelve
feet (12') except for guard houses, gatehouses, fences/walls, and
access control structures which shall have no required setback.
2.13 OPEN SPACE REQUIREMENTS
The Buttonwood Preserve RPUD features a mix of residential dwelling unit types.
A minimum of 60 percent of the overall gross project area shall be devoted to
usable open space.
2.14 NATIVE VEGETATION REQUIREMENTS
A minimum of 25% of the existing native vegetation shall be retained on-site.
Approximately 46.5 acres of native vegetation exists on site; therefore, a
minimum of 11.6 acres of native preserve area shall be provided. The master
plan has also provided for additional preserve areas in the form of native and re-
created preserves totaling approximately 13.45:!: acres.
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2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS
The developer reserves the right to request substitutions to subdivision
improvement and utility design standards in accordance with the Construction
Standards Manual.
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TFRPUD
SECTION III
RESIDENTIAL
uRn
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development
standards for areas within the Buttonwood Preserve RPUD designated on the
Master Plan as "R", Residential.
3.2 MAXIMUM DWELLING UNITS
A maximum of 220 dwelling units may be constructed on lands designated "R",
Residential on the RPUD Master Plan.
3.3 GENERAL DESCRIPTION
Areas designated as "R," on the Master Plan are designed to accommodate a mix
of residential dwelling types and general permitted uses as described by Section
2.12 of this Document, recreational facilities, essential services, and customary
accessory uses.
The approximate acreage of the area designated for residential development is
indicated on the RPUD Master Plan. This acreage is based on conceptual designs
and is approximate. Actual acreage of all development tracts will be provided at
the time of SDP or PSP approvals. Residential tracts are designed to
accommodate internal roadways, open spaces, and other similar uses found in
residential areas.
3.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for othedhan the following:
A. Principal Uses - "R1" Areas:
1. Single-family dwellings.
2. Two-family and duplex dwellings.
B. Principal Uses - "R2" Areas:
1. Single-family dwellings, townhomes.
2. Two-family and duplex dwellings.
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3. Multi family dwellings.
C. Accessory Uses and Structures:
1. Model homes and model home centers including offices for project
administration, construction, sales and marketing.
2. Recreational facilities such as parks, playgrounds, and
pedestrian/bikeways.
3. Accessory uses and structures customarily associated with the
principal uses permitted in this subdistrict, including but not limited to
swimming pools, spas and screen enclosures, recreational facilities
designed to serve the development, and essential services.
4. Guardhouses, gatehouses, and access control structures.
5. Community and neighborhood parks, boat docks and other
recreational facilities.
6. Temporary construction, sales, and administrative offices for the
developer and developer's authorized contractors and consultants,
including necessary access ways, parking areas and related uses.
3.5 DEVELOPMENT STANDARDS
A. Table 1 sets forth the development standards for the land uses within the
Buttonwood Preserve RPUD residential development area.
B. Site development standards for single family, two-family, duplex, single-
family attached and town home uses apply to individual residential lot
boundaries. Multi-family standards apply to parcel boundaries.
C. Standards for parking, landscaping (excluding landscape buffer width),
signs and other land uses, where such standards are not specified herein,
are to be in accordance with the LDC in effect at the time of SDP approval.
Unless otherwise indicated, required yard, height, and floor area standards
apply to principal structures.
D. Development standards for uses not specifically set forth in this Section
shall be in accordance with those standards of the zoning district which
permits development that is most similar to the proposed use.
E. Unless otherwise noted in Table 1, all yards are measured from property
lines.
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TABLE I
BUTTONWOOD PRESERVE
DEVELOPMENT STANDARDS FOR
UR" RESIDENTIAL AREAS
PERMITTED USES AND Single Two Family Townhome Multi-Family
STANDARDS Family and Duplex
Detached
Minimum Lot Area 5,000 SF 3,500 *2 1,400 SF 9,000 SF
Minimum Lot Width *3 42' 35' 16' 90'
Minimum Lot Depth 100' 100' 88' 100'
Minimum Yard *6
Principal Uses:
Front 20' *6 20' *6 20' *6 20' *6
Side 6' 0' and 6' 0' and 6' *4 >10'
Rear 15' 15' 15' 15'
Waterbody 20' 20' 20' 20'
Preserve 25' 25' 25' 25'
Minimum Yard
Accessory Uses:
Front 20' *6 20' *6 20' *6 20' *6
Side 6' 0' and 6' 0' and 6' *4 >10'
Rear 10' 10' 10' 10'
Waterbody 20' 20' 20' 20'
Preserve 10' 10' 10' 10'
Maximum Building Height 45 feet not to 45 feet not to
exceed 3 exceed 3
35 feet 35 feet stories stories
Minimum Distance
Between
Detached Principal
Structures *5 12' 12' 12' >20'
Floor Area Min. IS.F.) 1000 SF 1000 SF 1000 SF 750 SF
All distances are in feet unless otherwise noted.
*1 - Principal and accessory structures on waterfront lots shall be permitted to be constructed up to, but not encroaching into a drainage
easement, with a minimum setback of 20 feet from lake control elevation.
*2 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet.
*3 - Minimum lot width may be reduced by 20% for cul-<le-sac lots provided the minimum lot area requirement is maintained.
*4 - Zero foot minimum side setback on one side of building as long as a minimum 12 foot separation between principal structures is
maintained.
*5 - Building distance may be reduced at garages to a minimum of 10 feet if detached or 0 feet where attached garages are provided.
Multi.family principal buildings shall be separated a minimum of 20 feet and garages a minimum of 10 feet.
"6 - Front entry building garages shall be setback a minimum of 23 feet from edge of sidewalk. The minimum 20 foot front yard
may be reduced to 15 feet where the residence is served by a side-loaded or rear entry garage.
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TFRPUD
SECTION IV
RECREATION I OPEN SPACE
4.1 PURPOSE
The purpose of this Section is to identify permitted uses and development
standards for areas within the Buttonwood Preserve RPUD designated on the
Master Plan as "Recreation".
4.2 GENERAL DESCRIPTION
The approximate acreage of the recreation areas are indicated on the Master Plan.
This acreage is based on conceptual designs and is approximate. Actual acreage
of all development tracts will be provided at the time of SDP or PSP approvals in
accordance with the LDC. The Recreation Area is designed as an area which will
accommodate a variety of active recreational and personal services for the
Buttonwood Preserve RPUD residents and guests.
4.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Indoor or outdoor recreational facilities and structures such as pools, fitness
facilities, clubhouses, community buildings, playgrounds, playfields, walking
trails and tennis courts.
B. Incidental personal services such as A TM, laundry drop-off, mail kiosk, and
other services limited to use by residents only.
C. Permitted Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with principal
uses permitted in this District, including parking facilities.
2. Sales center.
4.4 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
1. Front Yard: Fifteen feet (15').
2. Side Yard: Ten feet (10').
3. Rear Yard: Fifteen feet (15').
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TFRPUD
B. Exterior lighting shall be arranged in a manner which will protect roadways
and residential properties from direct glare or unreasonable interference.
C. Maximum height of structures - Thirty-five (35) feet; except clock towers or
similar architectural features, which shall be permitted up to forty-five (45')
feet.
D. Minimum distance between principal structures - Ten feet (10') or greater if
required by local fire codes at time of development.
E. Minimum distance between accessory structures - Ten feet (10').
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TFRPUD
SECTION V
PRESERVE
"P"
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development
standards for the area within the Buttonwood Preserve RPUD designated on the
Master Plan as "P", Preserve.
5.2 GENERAL DESCRIPTION
Areas designated as "P", Preserve on the Master Plan are designed to
accommodate conservation, passive recreation and water management uses and
functions. The acreage of the Preserve area is indicated on the Master Plan.
5.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land
or water used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Boardwalks, nature trails, shelters, and other uses permitted within
dedicated preserves by the LDC, as long as any clearing required to
facilitate these uses does not impact the minimum required native
vegetation.
2. Water management structures.
3. Any other uses that are comparable in nature and consistent with
any uses described above as determined by the Board of Zoning
Appeals.
5.4 DEVELOPMENT STANDARDS
A. Maximum height of structures: Twenty-five (25) feet.
5.5 LANDSCAPE BUFFERS
A. Where the LDC requires landscape buffers and preserve areas are
shown, landscape buffers may consist of preserve vegetation, when
demonstrated that it meets or exceeds requirements of the LDC. Landscape
buffers shall remain exotic free.
Buttonwood Preserve RPUD - AR-8997(3-23-07).doc
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TFRPUD
SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments
for the Buttonwood Preserve RPUD.
6.2 PUD MASTER DEVELOPMENT PLAN
A. All facilities shall be constructed in accordance with the final SDP, final
subdivision plats and all applicable State and local laws, codes and
regulations except where specifically noted.
B. The RPUD Conceptual Master Plan (Exhibit A) is an illustration of the
conceptual development plan. Tracts and boundaries shown on the plan
are conceptual and shall not be considered final. Actual tract boundaries
shall be determined at the time of preliminary/final subdivision plat or SDP
approval.
C. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all utilities.
6.3 ENGINEERING
Except as noted herein, all project development will occur consistent with the
LDC.
6.4 UTILITIES
A. Water distribution, sewage collection and transmission systems shall be
constructed throughout the project by the developer. Potable water and
sanitary sewer facilities constructed within platted rights-of-way or within
dedicated County utility easements shall be conveyed to Collier County,
pursuant to all applicable County ordinances.
B. Upon completion of the utility facilities, they shall be tested to ensure they
meet Collier County utility construction requirements in effect at the time
construction plans are approved.
C. All customers connecting to the County's potable water and sanitary
sewer system shall be customers of the County.
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TFRPUD
D. The developer shall reserve one area to be conveyed to Collier County
Water and Sewer District for raw water well easement with dimensions 50
feet x 120 feet adjacent to Tree Farm Road. The approximate location of
this easement is depicted on the Master Plan. This conveyance/dedication
shall occur at the time of site development plan, or final plat approval for
the area within the development phase that contains the respective well
site. At the time of the SDP and/or Plat submittal, the developers should
provide the well site easement that meets the standard setback
requirements for water wells.
6.5 WATER MANAGEMENT
A. In accordance with the Rules of the South Florida Water Management
District, this project shall be designed for a storm event of a 3-day
duration and 25-year return frequency.
B. An excavation permit shall be required for the proposed lakes in
accordance with applicable County ordinances. All lake dimensions will
be approved at the time of excavation permit approval.
C. The Buttonwood Preserve RPUD conceptual surface water management
system is described in the Surface Water Management and Utilities
Report which has been included in the RPUD rezone application
materials.
6.6 ENVIRONMENTAL
A. An exotic vegetation removal, monitoring and maintenance plan for the
site shall be submitted to Environmental Services Department Staff for
review and approval prior to final SDP/construction plan approval. A
schedule for exotic vegetation removal shall be submitted with the above-
mentioned plan.
B. All approved agency (SFWMD, ACOE, FFWCC) permits, if applicable
shall be submitted prior to final SDP/construction plan approval.
C. This RPUD shall be consistent with the Environmental Sections of the
GMP, Conservation and Coastal Management Element and the LDC in
effect at the time of final development order approval.
D. This RPUD shall comply with the guidelines of the USFWS and FFWCC
for impacts to protected species. A Habitat Management Plan for those
species shall be submitted to environmental review staff for review and
approval prior to site/plan approval.
Buttonwood Preserve RPUD ~ AR.S997(3-23-07).doc
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TFRPUD
E. All conservation areas shall be designated as tracts/easements with
protective covenants. Easements shall be dedicated on the plat to the
homeowners' association for ownership and maintenance and to Collier
County with no responsibility for maintenance.
F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest
Plant Council, shall be removed from within preserve areas and
subsequent annual removal of these plants (in perpetuity) shall be the
responsibility of the property owner.
G. A Preserve Area Management Plan shall be provided to Environmental
Staff for approval prior to site/construction plan approval identifying
methods to address treatment of invasive exotic species, fire
management, and maintenance.
H. Soil sampling results will be required at the first SDP or plat and plans
submittal, as the case may be, following the adoption of the rezone
ordinance if a Phase One Environmental Analysis suggests potential for
soil contamination. If soil sampling is required, the applicant shall utilize a
qualified soil testing service in conjunction with Staff to determine the
appropriate parameters for soil sampling. Mitigation required shall be
approved by appropriate agencies prior to SDP/PPL approval. A copy of
the analysis will be forwarded to the EAC members.
6.7 TRANSPORTATION
The development of this RPUD Master Plan shall be subject to and governed by
the following conditions:
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 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 shown on the RPUD 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, final plat submissions, or by an approved developer
Buttonwood Preserve RPUD - AR-8997(3-23-07).doc
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TFRPUD
contribution agreement. All such access shall be consistent with the
Collier County Access Management Policy (Res. No. 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 approved.
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 Transportation
Section of the County's Impact Fee Ordinance.
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 LDC, 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 RPUD 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, 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. A portion of the Buttonwood Preserve RPUD is subject to a Developer
Contribution Agreement (recorded at OR Book 3730, Pages 0876 - 0893
of the Public Records of Collier County, Florida) approved January 11,
2005. whereby the applicant has contributed (at no cost to the County) a
30 foot strip of land to be used as right-of-way for Tree Farm Road
financial commitments in excess of $500,000 for the design and
Buttonwood Preserve RPUD - AR~8997(3-23-07).doc
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TFRPUD
construction of Tree Farm Road (including sidewalks), an upgraded bridge
at Collier Boulevard, and multiple turn lanes have been made by the
developer. Development shall occur consistent with this agreement
and/or subsequent developer contribution agreements.
K. The developer shall donate an area 30 feet in width along the project's
northern boundary, east of the project entrance, to Collier County for right-
of-way purposes. The developer agrees to accept the stormwater run-off
from the right-of-way for that portion of Tree Farm Road east of the
project entrance and treat the run-off within the project's water
management system.
L. The developer, or successors and assigns, shall provide a stabilized
emergency access connection, meeting local fire prevention code criteria,
from the terminus of the southernmost cul-de-sac to the primary internal
roadway. The general location of this access connection is shown on the
conceptual RPUD Master Plan and the specific location shall be
determined at the time of SDP or plat approval as applicable.
M. Residential Certificates of Occupancy shall be issued by Collier County
only after substantial completion of roadway improvements presently
under construction at the time of RPUD approval for the following roadway
segments: Immokalee Road from east of 1-75 to Collier Boulevard, Collier
Boulevard from Golden Gate Boulevard to Immokalee Road and
Vanderbilt Beach Road from Livingston Road to Collier Boulevard.
Substantial completion shall be defined as the travel lanes being open for
public use.
6.8 AFFORDABLE HOUSING
Collier County and the developer of the Buttonwood Preserve RPUD have
cooperated to address affordable housing impacts associated with the
Buttonwood Preserve RPUD. The following financial contribution shall be paid
by the developer, or its successors and assigns, to the Collier County Affordable
Housing Trust Fund.
A. One thousand dollars ($1,000.00) per residential dwelling unit constructed
within the project shall be paid to Collier County within seven (7) days of
the closing on each residential dwelling unit.
The payment of the sums set forth in this Subsection shall reflect a credit to the
project's obligations to pay fees that may be adopted in the future by the County
relating to the provision of affordable or workforce housing.
Buttonwood Preserve RPUD. AR-8997(3-23-07).doc
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TFRPUD
6.9 PLANNING
A. The developer, or its successors or assigns, shall construct a minimum 6'
high masonry wall east of the southwest property boundary for a distance of
approximately 400' linear feet. The wall shall have the same architectural
design as the wall constructed on the common property line of the Bristol
Pines PUD. In addition, from the eastern terminus of the wall, the Developer
shall install a 6' high black vinyl chain link fence east along the remaining
southerly project boundary, then north along the eastern property line for a
distance to a point approximately 800' north of the project's southeastern
property boundary. The wall and fence may be installed on a berm. The
approximate location of each wall/fence section is labeled on the RPUD
Conceptual Master Plan, Exhibit A.
Buttonwood Preserve RPUD - AR-8997(3-23-07).doc
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TFRPUD
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LOCATED IN SECTION 35, TOWNSHIP 48, RANGE 26,
COLLIER COUNTY, FLORIDA
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EXHIBIT C
LOCATION MAP
N.T.S.
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 2007-42
Which was adopted by the Board of County Commissioners
on the 24th day of April, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of April, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~ 1JeA)"~ ~( ,
By: Ann Jennejohn,
Deputy Clerk