Ordinance 2007-47
ORDINANCE NO. 07- 47
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 MIXED USE
PLANNED UNIT DEVELOPMENT M(PUD) TO MIXED USE
PLANNED UNIT DEVELOPMENT (MPUD) FOR A.
DEVELOPMENT KNOWN AS PINE RIDGE MIXED-USE'
CENTER PUD LOCATED IN SECTION 15, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 4.02"' ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 06-06, THE FORMER ·
PINE RIDGE MIXED-USE CENTER PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
,
, ;
WHEREAS, Michael R. Fernandez, AICP, of Planning Development Inc., representing
Grand Inn of Naples, Inc., 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 herein described real property located in Section 15,
Township 49 South, Range 25 East, Collier County, Florida, is changed from the Mixed Use
Planned Unit Development (MPUD) Zoning District to the Mixed Use Planned Unit
Development (MPUD) Zoning District in accordance with the MPUD 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:
Ordinance Number 06-06, known as the Pine Ridge Mixed-Use Center PUD adopted on
January 24, 2006 by the Board of County Commissioners of Collier County, is hereby repealed in
its entirety.
I
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this /1. day of --4~
,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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At\. ;;jt~$,l,;til4 iRriWt~ Clerk
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Approved.as to form and
legal sufficiency
BY:
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J S N. COLETTA, CHAIRMAN
~OA';,JJl.~-~
MaIjo M. Student-Stirling
Assistant County Attorney
PUDA-2006-AR-I0916
ThIs Mlnan::e filed with the
~ry of ~e's Office the
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and oc:\UlOWI~nt ?eta!
fili:Jl recel~ this Q:a!:! (Joy
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2
EXHIBIT "A"
PINE RIDGE MIXED-USE CENTER
A Mixed Use Planned Unit Development
REGULATION AND SUPPORTING MASTER PLAN
GOVERNING PINE RIDGE MIXED-USE CENTER.
A MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
Prepared
For:
Grand Inn of Naples, Inc.
1100 Pine Ridge Road
Naples, Florida 34103
PREPARED
BY:
Michael R. Fernandez, AICP
Planning Development Incorporated
5133 Castello Drive Suite 2, Naples, Florida 34103
239.263.6934/239.263.6981fax
POI MRF @ aol.com
ORIGINAL DOCUMENT DATE
03-18-05
REVISION DATE
DATE FILED
06-12-07
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEALS
05-03-07
06-12-07
2007-47
1995-52
2006-06
TABLE OF CONTENTS
PAGE
THRU
PAGE
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE
ii
iii
iv
ii
iii
iv
SECTION
PROPERTY OWNERSHIP & DESCRIPTION
1-1
1-3
II
PROJECT DEVELOPMENT
2-1
2-4
III
MIXED-USE DEVELOPMENT COMMITMENTS
3-1
3-4
IV
DEVELOPMENT COMMITMENTS
4-1
4-3
ii
EXHIBIT "A"
TABLE I
LIST OF EXHIBITS AND TABLES
MPUD Master Plan
Land Use Table
iii
STATEMENT OF COMPLIANCE
The development of approximately 4.02 acres of property in Collier County, as a Mixed Use
Planned Unit Development to be known as Pine Ridge Mixed Use Center will be in compliance
with the goals, objectives and policies of Collier County as set forth in the Growth Management
Plan. The mixed-use residential and commercial development of Pine Ridge Mixed Use Center
will be consistent with applicable comprehensive planning objectives of each of the elements of
the Growth Management Plan for the following reasons:
1. The subject property is located in an area identified as a Mixed Use Activity Center in the
Growth Management Plan for Collier County.
2. Activity Centers are the preferred locations for the concentration of commercial, high-
density residential and mixed-use development activities.
3. The project development is consistent with Policy 5.3 of the Future Land Use Element for
the reason that it minimizes the cost of community facilities by confining urban intensity
development to areas designated as Urban.
4. The project is compatible with adjacent land uses, as required by Policy 5.4 of the Future
Land Use Element, through the internal arrangement of structures, the placement of
landscape buffers, and the proposed development standards contained herein.
5. The project development is a mixed-use development as encouraged by Policy 7.5 of the
Future Land Use Element.
6. The project development provides interconnection to adjacent local streets consistent
with Policy 7.3 of the Future Land Use Element.
7. The proposed residential density of 14 units per acre is consistent with the Mixed Use
Activity Center Subdistrict which provides for mixed use development with up to 16 units
iJer gross acre.
8. The subject property area is 4.02 acres by 14 units per acre to equal a 56 dwelling units
maximum.
9. The project will be served by a complete range of services and utilities as approved by
the County. Water and sewer utilities are provided by the City of Naples.
10. All final local development orders for this project are subject to the Collier County
1equate Public Facilities Ordinance of the Land Development Code (LDC).
iv
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of property, and to
describe the existing conditions of the property proposed to be developed under the
project name of Pine Ridge Mixed Use Center.
1.2 LEGAL DESCRIPTION
The subject property being 4.02:1: acres, is described as:
A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE
FARMS according to map thereof recorded in Plat Book 2, Page 2, of the Public Records
of Collier County, Florida, which lot or parcel is described as follows:
Commence at the Northwest corner of Section 15, Township 49 South, Range 25 East,
run Easterly along the North line of said section 662.3 feet; thence run Southerly for 15
feet to the Northwest corner of the East half (E1/2) of West half (W1/2) of said lot 51 to
the point of beginning: thence run South along the West line of said East half (E1/2) of
the West half (W1/2) for 316.5 feet more or less to the South line of said lot 51: thence
run East along said South line for 150 feet; thence run North parallel to said West line of
the East half (E1/2) of the West half (W1/2) for 316.5 feet more or less to a point on the
North line of said Lot 51; thence run West along said North line for 150 feet to the point
of beginning: being West 150 feet of said East half (E1/2) of the West half (W1/2) of Lot
51, less and except the North 10' thereof.
East 150 feet of the West 300 feet of the East half (E 1 /2) of the West (W 12) of Lot 51,
NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, a Subdivision according to the
Plat thereof, as recorded in Plat Book 2, at Page 2, in the Public Records of Collier
County, Florida, less and except the Northerly 15' thereof.
A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE
FARMS according to a map or plat thereof as recorded in Plat Book 2, at Page 2, of the
Public Records of Collier County, Florida, which lot or parcel is described as follows:
From the Northwest corner of Section 15, Township 49 South, Range 25 East, run
Easterly along the North line of said section for 662.3 feet: thence run Southerly for 15
feet to the Northwest corner of the East half (E1/2) of the West half (W1/2) of said Lot
51, thence run Easterly along the North line of said Lot 51 for 375 feet to the point of
beginning of the lands hereby conveyed. From said point of beginning run South,
parallel to the West line of said East half (E1/2) of the West (W1/2) for 316.5 feet more
or less to the South line of said Lot 51, thence run East along said South line for 75 feet,
thence run parallel to said West line of the East half (E1/2) of the West half (W1/2) for
1-1
316.5 feet more or less to a point on the North line of said Lot 51: thence run West along
said North line for 75 feet to the point of beginning, being the East 75 feet of the West
450 feet of said East half (E1/2) of the West half (W1/2) of Lot 51.
South 105 feet of the East 125 feet of the West Y, of Lot 51, NAPLES IMPROVEMENT
COMPANY'S LITTLE FARMS as recorded in Plat Book 2, Page 2, Public Records of
Collier County, Florida.
East half (E1/2) of the West half (W1/2) except the East 125 feet and except the West
450 feet of Lot 51 less the North 15 feet for right-of-way, Lot 51 NAPLES
IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2,
Public Records of Collier County, Florida.
East 75 feet of the West 375 feet of the East half (E1/2) of the West half (W1/2) of Lot
51 less the North 15 feet for right-of-way, NAPLES IMPROVEMENT COMPANY'S
LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County,
Florida.
1.3 PROPERTY OWNERSHIP
The property is owned by Grand Inn of Naples, Inc., Michael Kessous (contact) and is
hereinafter called "applicant or developer".
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The property is located in Section 15, Township 49 South, Range 25 East. The
property consists of approximately 4.02 acres and is located approximately 740
feet from the southeast corner of U.S. 41 and Pine Ridge Road and off and south
of Pine Ridge Road. The property currently supports a 105-room hotel which is
permitted for conversion to structure supporting 56 condominium units, an 8,000:1:
square foot restaurant and approximately 30% or 1.2 acres of open space.
B. The zoning classification of the property prior to the date of this approved MPUD
Document was MPUD.
1.5 PHYSICAL DESCRIPTION
The property has the following designation relative to flood - FEMA FIRM Flood Zone
XO. Community-Panel Number 120067 0383G; Effective Date: November 17, 2005.
1.6 PROJECT DESCRIPTION
~'le Pine Ridge Mixed Use Center is a proposed mixed-use center, which will support a
11Iaximum intensity of development not to exceed commercial (general office) square
footage of 34,000 square feet and 14 residential dwelling units per acre.
1-2
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Pine Ridge Mixed Use Center Mixed
Use Planned Unit Development Ordinance."
1-3
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project's plan of
development, relationships to applicable County ordinances and other project
relationships.
2.2 GENERAL
A. Regulations for development of the Pine Ridge Mixed Use Center shall be in
accordance with the contents of this Document, MPUD-Mixed Use Planned Unit
Development District and other applicable sections and parts of the Collier County
Land Development Code (LDC) and Growth Management Plan (GMP) in effect at
the time of issuance of any development order to which said regulations relate
which authorizes the construction of improvements, such as but not limited to final
subdivision plat (if required), final site development plan (SDP), excavation permit
and preliminary work authorization. Where these regulations fail to provide
development 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 time of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of Pine Ridge Mixed Use Center shall become part of the
regulations which govern the manner in which the MPUD site may be developed.
D. Unless modified, waived or excepted by this MPUD Document or associated
exhibits, the provisions of other sections of the LDC where applicable remain in
full force and effect with respect to the development of the land which comprises
this MPUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of the LDC relating to adequate public
facilities.
2-1
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including access locations, is illustrated graphically by
Exhibit "A" MPUD Master Plan. There shall be one (1) general mixed-use tract.
TABLE I:
PINE RIDGE MIXED USE CENTER
ESTIMATED LAND USE SUMMARY
TYPE
UNITS / SQUARE FOOTAGE
ACREAGE
M Mixed Use
56 multi-family units'
34,000 sf commercial
4.02:!:
Exhibit "A" is a MPUD Master Plan and is an illustrative preliminary development plan.
Design criteria and layout illustrated on this supporting exhibit shall be understood to be
flexible so that final design may satisfy development objectives and be consistent with
the project development, as set forth in this Document.
'One unit of the approved 56 multi-family units shall remain dedicated as a care-takers
residence for the duration of the project.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A mixed use center with a maximum intensity of development which shall not exceed 56
multi-family units and 34,000 square feet maximum of general office uses. The gross
project area is 4.02:1: acres.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a record plat, and/or condominium plat for all or part of
the MPUD, final plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with the
MPUD Master Plan, the Collier County Subdivision Code and the platting laws of
the State of Florida as may be applicable.
B. Exhibit "A", MPUD Master Plan, constitutes the required MPUD development plan.
Subsequent to or concurrent with MPUD approval, a preliminary subdivision plat, if
applicable, shall be submitted for the entire area covered by the MPUD Master
Plan. Any division of property and the development of the land shall be in
compliance with the LDC and the platting laws of the State of Florida.
C. The provisions of the LDC, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in the LDC prior to the issuance of a
building permit or other development order.
2-2
D. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
E. Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the LDC.
F. The developer shall make a contribution to the County's Affordable Housing Fund
in the amount of $1,000 per residential dwelling unit within 60 days of the approval
of the MPUD.
2.6 AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN
Amendments may be made to the MPUD as provided in the LDC.
2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area 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, or another appropriate entity, whose function shall include provisions for the
perpetual care and maintenance of all common facilities and open space subject further
to the provisions of the LDC.
2.8 LANDSCAPE BUFFERS. FENCES AND WALLS
Landscape buffers, fences and walls are generally permitted as a principal use
throughout the Pine Ridge Mixed Use Center. The following standards shall apply:
A. Landscaping slopes shall have the following maximum side slopes:
1. Grassed slopes 3:1
2. Ground covered slopes 2:1
3. Rip-Rap slopes 2:1
4. Structural walled changes in elevation - vertical
The above slopes are maximums and require Staff review and approval of
individual applications where such maximum slopes exceed LDC Standards.
2-3
2.9 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Pine Ridge
Mixed Use Center MPUD.
A. General Permitted Uses:
1. Essential services: Essential services are defined as services designed
and operated to provide water, sewer, gas, telephone, electricity, cable
television or communications to the general public by providers which have
been approved and authorized according to laws having appropriate
jurisdiction. Essential services are accessory uses to the permitted uses
listed in Section 3.2.
2. Water management facilities and related structures.
3. 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.
2-4
SECTION III
MIXED USE DEVELOPMENT STANDARDS
3.1 PURPOSE
The purpose of this Section is to set forth the regulations for the Property designated on
Exhibit "A", MPUD Master Plan, as "Mixed-Use".
3.2 No building or structure, or part thereof, shall be erected, altered or uses, or land or
water used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Multi-family dwellings.
2. General office uses which are listed by the C-1 through C-4 Commercial
Zoning Districts of the LDC, as they may be amended and further limited to
those uses which do not require parking in excess of the parking
requirement for office.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with the uses listed
above.
2. Covered parking structures/garages.
3.3 DEVELOPMENT STANDARDS:
A. Lot Area: 10,000 square feet
B. Lot Width: 100 feet
C. Maximum Buildinq Heiqht and Setback Requirements:
1. Primary structures: project boundaries:
Max. Bldg.
Height
Setbacks Requirements
Front (East) Side
Greater of
(West) Side
Rear
25 ft
35 ft
45 ft
25 ft
25 ft
35 ft
15 ft or Y, BH
15 ft or Yo BH
15 ft or Y, BH
25 ft
25 ft
35 ft
25 ft
50 ft
75 ft
3-1
2. Setback requirements for primary structures: interior boundaries: the
greater of 10 feet or half the height of the structure.
3. Setback requirements for covered parking and/or garage accessory
structures: 15 feet: except from Pine Ridge Road which requires a 20 foot
setback.
4. Maximum actual building height, as defined by the LDC, of the 3-story
office building is 50 feet.
D. Distance Between Principal Structures:
A minimum of half the sum of the height of the structures, unless attached, then
none.
E. Maximum Heioht of Covered Parkino Structure:
Twelve (12) feet.
F. Minimum Floor Area of Principal Structures:
One thousand (1,000) square feet per building.
G. Maximum Number of Stories (see Section 3.3.C and MPUD Master Plan for
additional buildino heiqht standards):
4 Stories for Residential Structures.
4 Stories for Mixed Use Structures.
3 Stories for Office Buildings.
H. LandscaDino:
As required by the LDC unless specified herein. All trees within buffers adjacent
to rights-of-way shall be installed with a County Planning Staff approved deep root
system.
1. The following buffers shall be considered to meet or exceed LDC required
buffers:
a. MPUD Type "D.1" Landscaped Buffer: This buffer shall have an
overall width of 20 feet. The public sidewalk has been displaced
from public right-of-way to within the subject property where
practical. This has provided desirable landscaped separation
between the sidewalk and the roadway curb. The width of the
displaced sidewalk is included within the width of this buffer.
3-2
Tree and hedge installation shall meet the requirements of the LDC
Type D buffer.
b. MPUD Type "B.1" Landscaped Buffer: LDC Type B tree and hedge
requirements in addition to a masonry wall/fence or prefabricated
concrete wall/fence shall be provided: except that the spacing of the
shade trees shall be 15 feet and the trees shall have a minimum
height at installation of 12 feet.
c. MPUD Type "B.2" Landscaped Buffer shall be required where the
subject property abuts commercially zoned property: LDC Type B
tree and hedge requirements in addition to an integrated green or
black vinyl coated chain link fence shall be provided, except that the
spacing of the shade trees shall be 20 feet and the trees shall have
a minimum height at installation of 10 feet.
2. In order to facilitate the potential retention of existing trees, no water
management facilities or no new lines of continuous utilities shall be
developed within the required buffers.
I. Landscapino for Off-Street Parkino:
In order to facilitate the retention of existing trees, rows of parking spaces may
contain more than ten (10) parking spaces uninterrupted by a landscaped island
provided that an average of ten (10) or less spaces is maintained within the overall
development.
J. Open Space Reouirements:
Thirty (30) percent of the acreage of the MPUD. This acreage may include the
development of open space plaza features inclusive of water elements, and
decorative pedestrian walks and seating areas enhanced by landscaping.
K. Liohtino:
The maximum height of existing parking lot and site lighting fixtures shall be 16
feet and installed and located in a manner so that light shall be shielded from
residentially zoned areas. No neon lighting shall be visible from the exterior of the
project. New parking lot fixtures, except at project entrances where lighting must
meet arterial level lighting standards, shall be limited to bollards to avoid conflicts
with trees.
3-3
L. Parkinq:
Each unit shall provide 2 parking spaces per residential unit. General office
parking requirements will be provided as required by the LDC at the time of SDP
application.
3-4
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 accordance with SDPs, final subdivision plats and all
applicable State and local laws, codes and regulations applicable to this MPUD.
Except where specifically noted or stated otherwise, the standards and specifications of
the LDC or successor ordinance, shall apply to this project. The developer, its
successor and assigns shall be responsible for the commitments outlined in this
Document.
The developer, its successor or assignee shall agree to follow the Master Plan and the
regulations of the MPUD 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 of the developer is bound by any commitments within this Document.
4.3 MPUD MASTER PLAN
A. Exhibit "A", MPUD Master Plan, illustrates the proposed development and is
conceptual in nature. Proposed tract or special land use boundaries shall not be
construed to be final and may be varied at any subsequent approval phase such
as at final platting or SDP application, subject to the provisions of the LDC and
amendments as may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas on the property.
4.4 ENVIRONMENTAL
A. This MPUD 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.
B. 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.
4-1
C. This MPUD is required to maintain 10,541 square feet of preserve /mitigation and
these areas shall minimally meet the development standards permitted by SDP-
147.
D. A Preserve Area Management Plan shall be provided to
Environmental Review Staff for approval in the first subsequent application
for SDP amendment or new SDP after approval of this MPUD. The site plan shall
delineate the location of the provided 10,541 square feet of preserve/mitigation
and shall identify methods to address treatment of invasive exotic species, fire
management, and maintenance. Principal structures shall be setback a minimum
of 25 feet and accessory structures shall minimally have a setback of 10 feet
except for the dumpster enclosures and existing paved parking areas which may
accommodate covered parking as permitted by the prior zoning and associated
SDP.
4.5 TRANSPORTATION
A. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FDOT) Manual Uniform
Minimum Standards (MUMS), current edition, FDOT Design Standards, current
edition, and the Manual on Uniform Traffic Control Devises (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
must 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
MPUD Master Plan shall be 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. 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 MPUD amendment is to be processed.
D. Site related improvements (as opposed 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 applicable County Ordinances.
4-2
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
MPUD 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 County shall have no responsibility for maintenance of
any such facilities.
J. If any required turn lane improvement requires the use of any existing County
rights-of-way or easements, compensating right-of-way shall be provided without
cost to Collier County as a consequence of such improvement.
K. If a traffic signal, or other traffic control device, sign or pavement marking
improvement within a public right-of-way or easement is determined to be.
necessary, the cost of such improvement shall be borne by the developer and
shall be paid to Collier County before the issuance of the first CO.
L. A sidewalk connection shall be made from Castello Drive to the sidewalk at the
handicap parking area.
4-3
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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 2007-47
Which was adopted by the Board of County Commissioners
on the 12th day of June, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of June, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~ h~O,C
By: Ann Jennejohn,
Deputy Clerk