Ordinance 2008-39
ORDINANCE NO. 08-~
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
ESTABLISHED THE COMPREHENSNE 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 THE COMMERCIAL
CONVENIENCE (C-2) AND THE GENERAL
COMMERCIAL (C-4) ZONING DISTRICTS TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) TO BE KNOWN AS FREESTATE CPUD,
FOR PROPERTY LOCATED IN SECTION 8,
TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, CONSISTING OF 16.8 +/-
ACRES: AND BY PROVIDING AN EFFECTIVE
DATE.
.,
_..!
WHEREAS, D. Wayne Arnold, of Q. Grady Minor and Associates, P.A, and Richard
D. Yovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A,
representing Charles S. Faller, III, of FFT Santa Barbara I, LLC, and FFT Santa Barbara II,
LLC, 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 8,
Township 50 South, Range 26 East, Collier County. Florida, is changed from the
Commercial Convenience (C-2) and the General Commercial (C-4) Zoning Districts to a
Revised 7/2108 MMSS
Page I of 2
Commercial Planned Unit Development (CPUD), in accordance with Exhibit A through
Exhibit J attached hereto and incorporated herein and by reference made part hereof. The
appropriate zoning atlas map or maps, as described in Ordinance 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 Department of State.
PASSED AND DULY ADOPTED by a supermajority vote of the Board of County
Commissioners of Collier County, Florida, this dd.OO day of Ju\~ ,2008.
BOARD OF COUNTY COMMISSIONERS
::LLlli2C E RIDA ,
TOM HENNING, CHAIRMAN
ATTEST:
DWIGHT E. SROCK, CLERK
.,. - - .
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ffY: .' ...... 'f 'iJ.Ji IQOL().c..,.
'. _ >\ .,.' (), Deputy Clerk
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AP~J:'1~ I
and'egal suffIciency:
inn tir I 9.. hi . (ill] .~.;. t;-i:::fJ--a~I"'f!
Marjo - M. Student-Stirling (j
Assistant County Attorney
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Permi tted Uses
Development Standards
Master Plan
Legal Description
List of Request Deviations from LDC
List of Developer Commitments
Enhanced Landscape Buffer (Composite Exhibit)
Buffer Deviation
Temporary Security Fence
Building "A" South Elevation Plan
Revised 7/2/08 MMSS
Page 2 of 2
This ordinance filed with the
.)<<~ of t' Offi"",rJAO
2e: day of .~
and acknowleagem ,.- that
fil' r. i day
a
By
-
FREESTATE
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD)
LIST OF EXHIBITS
EXHIBIT A PERMITTED USES 1
EXHIBIT B DEVELOPMENT STANDARDS 4
EXHIBIT C CONCEPTUAL MASTER PLAN 5
EXHIBIT D LEGAL DESCRIPTION 6
EXHIBIT E LIST OF REQUESTED DEVIATIONS 7
EXHIBIT F LIST OF DEVELOPER COMMITMENTS 9
EXHIBIT G ENHANCED LANDSCAPE BUFFER 13
EXHIBIT G.1.A ENHANCED BUFFER CROSS SECTION 1.A 14
EXHIBIT G.2.B ENHANCED BUFFER CROSS SECTION 2.B 15
EXHIBIT G.3.C ENHANCED BUFFER CROSS SECTION 3.C 16
EXHIBIT H BUFFER DEVIATION 17
EXHIBIT I TEMPORARY SECURITY FENCE 18
EXHIBIT J BUILDING "A" SOUTH ELEVATION PLAN 19
FREESTATE CPUD (Rev 21 BCC7.Z2+08)rev 7-25-08A -'~
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EXHIBIT A
FOR
FREESTATE CPUD
PERMITTED USES
A maximum of 150,000 square feet of commercial/office land uses shall be 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:
Commercial Tract
A. Principal Uses:
1. Amusement and recreation services (Groups 7911 - 7941, 7991, 7993, 7994,
7995, 7997 - 7999 (including only Judo/Karate instruction, gymnastics
instruction, scuba/diving instruction, sporting goods rental and Yoga instruction),
excluding Group 7929)
2. Apparel and accessory stores (Groups 5611 - 5699)
3. Auto and home supply stores(Group 5531)
4. Automotive repair, services and parking (Groups 7514,7515,7542 (accessory to
convenience store, car wash not to exceed one stall))
5. Building construction (Groups 1521 - 1542,1711 - 1799, including offices only
with no outdoor storage or assembly). Any roll up doors shall be restricted to
portions of buildings not visible from public right-of-way.
6. Building materials, hardware and garden supply (Groups 5231 - 5261) not to
exceed 60,000 square feet for any single business entity.
7. Business services (Groups 7311-7338, 7352, 7359 - 7379, including only rental
and leasing of appliances electronic equipment, furniture, party supply, office
machines, pianos, dishes and tableware, televisions, and video equipment,
7384, and 7389)
8. Communications (Groups 4812 - 4822, 4841)
9. Depository institutions (Groups 6021 - 6099)
10. Eating and drinking places (Group 5812; however cocktail lounges and similar
uses are permitted in conjunction with a restaurant use. Outdoor seating and
service shall be permitted and shall close at 11 :00 p.m.; however, no outdoor
amplified entertainment (music or television) shall be permitted for any
restaurants and no bar areas with outside seating shall be permitted.
11. Educational facilities (Groups 8231 - 8244, 8299)
12. Engineering, accounting and related services (Groups 8711 - 8721, 8741 -
8743,8748)
13. Executive, legislative and government (Groups 9111, 9199, 9221, 9311)
14. Food stores ((Groups 5411 - 5499 (including convenience stores with fuel
pumps and accessory car wash) not to exceed 60,000 square feet for any single
business entity))
15. General merchandise stores (Groups 5311-5399)
16. Health services (Groups 8011 - 8049,8071 - 8092,8099)
17. Holding and investment offices (Groups 6712 - 6799)
18. Home furniture and furnishings (Groups 5712 - 5736)
19. Insurance brokers, agents and carriers (Groups 6311 - 6411)
20. Legal services (Group 8111)
21. Membership organizations (Groups 8611 - 8651, 8699)
22. Miscellaneous repair services (Groups 7622 - 7641, 7699)
23. Miscellaneous retail (Groups 5912 - 5961, 5992 - 5999, including retail office
supply)
FREESTATE CPUD (Rev 21 Bee 7-22-08) rev 7-25-08A
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FMPUD
24. Motion pictures and video rental (Groups 7822, 7841)
25. Museums and art galleries (Group 8412)
26. Non depository credit institutions (Groups 6111 - 6163)
27. Personal services (Groups 7212, 7215, 7219, 7221 - 7299)
28. Real estate (Groups 6512 - 6552)
29. Security and commodity brokers and services (Groups 6211 - 6289)
30. Social services (Groups 8322 - 8351, 8399)
31. Travel agents (Group 4724)
32. U.S. postal service (Group 4311, excluding full service distribution facilities)
33. No outdoor uses are permitted except as follows:
a. Outdoor seating with 5812
b. Gas pumps associated with a convenience store
c. Car wash associated with a convenience store
d. Temporary sidewalk sales
34. Any other use which is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals (BZA) through the
process outlined in the Land Development Code (LDC).
B. Accessory Uses/Structures:
1. Outdoor dining and drive-through facilities. Outdoor seating and service
shall be permitted and shall close at 11 :00 p.m.; however, no outdoor
amplified entertainment (music or television) shall be permitted for any
restaurants and no bar areas with outside seating shall be permitted.
2. Caretaker/manager residence. which may be a permanent site-built
structure.
3. Water management facilities and related structures.
4. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
5. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls.
6. Accessory uses and structures oommonly associated with oommercial
development including but not limited to garbage and recycling receptacles,
storage.
7. Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
(BZA) through the process outlined in the LDC.
C. Prohibited Uses
1. Adult (x-rated) video/movie or book stores.
2. Pawn shops (Group 5932).
3. Tattoo parlors (Group 7299).
4. Bail bond establishments.
5. Massage parlors as defined in
Section 26-152 of the Collier County
Code of Laws and Ordinances as
"physical culture establishments"
Preserve Tract
A. Principal Uses:
1. Preservelopen space uses associated with native vegetation preserve.
FREESTATE crUD (Rev 21 Bee 7-22-08) rev 7.25-08A
Page2ofl9 "1'~
FMPUD
2. Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
(BZA) through the process outlined in the LDC.
B. Development Standards:
1. No principal structures shall be permitted within the preserve area.
FREESTATE CPUD (Rev 21 Bee 7-22-08) rev 7-25-08A
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EXHIBIT B
FOR
FREESTATE CPUD
DEVELOPMENT STANDARDS
Table I below sets forth the development standards for land uses within the CPUD. Standards
not specifically set forth herein shall be those specified in applicable sections of the LDC in
effect as of the date of approval of the site development plan (SDP) or subdivision plat.
TABLE I
COMMERCIAL DEVELOPMENT STANDARDS
MINIMUM LOT AREA 20,000 Sq. Ft. NA
MINIMUM LOT WIDTH 100 Ft. NA
MINIMUM YARDS (External)
From Santa Barbara Boulevard right-of-way 25 Ft. SPS
From Davis Boulevard right-of-way 25 Ft. SPS
From Southern Project Boundary 125 Ft. SPS'
From Western Project Boundary 125 Ft. SPS'
Rear
5 Ft.
5 Ft.
25 Ft.
5 Ft.
5 Ft.
10 Ft.
Side
Preserve
MIN. DISTANCE BETWEEN STRUCTURES
20 Ft. or Yo sum of Building
hei hts'
Zoned
35 Ft.
45 Ft.
700 Sq. Ft.
150,000 Sq. Ft.
20 Ft.
20 Ft.
NA
NA
Actual
MINIMUM FLOOR AREA
MAX. GROSS LEASABLE AREA (Entire
Pro.ect
1 Whichever is greater.
2 Per subdivided lot, excluding parking areas under buildings.
3 Except that buildings shall not encroach into required building perimeter landscape areas.
4 Except that water management facilities, fences, signage and the like shall be in accordance with the LDC.
S No microwave or other towers may protrude above the maximum actual height.
6 Fences/walls shall be constructed in accordance with Exhibit G.
FREESTATE crUD (Rev 21 Bee 7-22-08) rev 7-25-08A
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EXHIBIT D
FOR
FREESTATE CPUD
LEGAL DESCRIPTION
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE
NORTH 75 FEET THEREOF AS DESCRIBED IN OFFICIAL RECORDS BOOK 208 AT
PAGE 19. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS:
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00'59'07" EAST,
ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8,
FOR A DISTANCE OF 75.00 FEET; THENCE RUN SOUTH 89'55'30" WEST FOR A
DISTANCE OF 100,01 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED ALSO BEING A POINT 100,00 FEET WEST OF AND
PERPENDICULAR WITH THE EAST LINE OF SAID SECTION 8;
FROM SAID POINT OF BEGINNING THENCE RUN SOUTH 00'59'07" EAST, AND
BEING PARALLEL WITH AND 100.00 FEET WEST OF THE EAST LINE OF SAID
SECTION 8, FOR A DISTANCE OF 1,294.27 FEET TO A POINT ON THE SOUTH
LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
AFOREMENTIONED SECTION 8; THENCE RUN NORTH 89'48'01" WEST, ALONG
SAID SOUTH LINE, FOR A DISTANCE OF 565.38 FEET TO THE SOUTHWEST
CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE AFOREMENTIONED SECTION 8; THENCE RUN
NORTH 00'56'01" WEST, ALONG THE WEST LINE OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 8,
FOR A DISTANCE OF 1,291.54 FEET TO A POINT 75.00 FEET SOUTH OF AND
PERPENDICULAR WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE AFORESAID SECTION 8; THENCE RUN
NORTH 89'55'30" EAST, AND BEING PARALLEL WITH AND 75.00 FEET SOUTH OF
THE NORTH LINE OF SAID SECTION 8, FOR A DISTANCE OF 564.17 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED,
CONTAINING 16.760 ACRES, MORE OR LESS,
FREEST A TE CPlJD (Rev 21 BCC 7-22-08) rev 7.25.08A Page 6 of 19 ImrjY:J-
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EXHIBIT E
FOR
FREESTATE CPUD
LIST OF REQUESTED DEVIATIONS
1. Deviation #1 seeks relief from LDC Subsection 5,05,08,C.9, Architectural and Site Design
Standards, which establishes that the fa<;:ade of all freestanding buildings within a
commercial PUD are to be considered primary facades, to allow those building facades
within the Free State CPUD which face the native vegetation preservation area and/or are
not facing a public road right-of-way to be considered as non-primary building facades for
purposes of the architectural and site design standards. For Building B the south fa<;:ade
must provide a minimum of 15% glazing and three of the following:
a. architectural details similar to that provided for the primary building fa<;:ade
such as stucco banding or applied architectural features.
b. glass service or access doors,
c. covered entries for each access door.
d. vegetative planting clusters within the building foundation planting areas,
For Building A the western fa<;:ade must provide three of the following:
a, architectural details similar to that provided for the primary building fa<;:ade
such as stucco banding or applied architectural features.
b, glass service or access doors.
c. covered entries for each access door.
d, vegetative planting clusters within the building foundation planting areas.
The elevation facing south of Building A shall be as depicted on Exhibit J, dated October 18,
2007.
For buildings with more than 1 story and facing the Falling Waters development those
building facades above the first floor will be considered as primary facades.
2. Deviation #2 seeks relief from LDC Subsection 5.05.08.E,1. Architectural and Site Design
Standards, which requires that for a corner lot no more than 80% of the off-street parking
area, may be located between a primary fa<;:ade and an abutting street with no single side
containing more than 65% of the required parking, to allow the Freestate CPUD to allow up
to 90% of the required parking area to be located between the primary fa<;:ade and the
abutting street and a single side to allow no more than 75% of the required parking area for
the entire project.
3, Deviation #3 seeks relief from LDC Subsections 5,03.02,B,9, and 5,03,02,E,3, fences and
walls, relating to height and placement of fences and walls between uses. The applicant
seeks the deviation which requires that wall heights are measured from existing grade,
rather than an altered grade to allow a wall up to 10 feet in height, which exceeds the 8 feet
height limitation of Subsection 5.03.02,E,3, This portion of the deviation is applicable only
to that portion of the project area adjacent to the proposed Collier County public well
easement in the event that Collier County is required to place a wall within the required
buffer adjacent to the Falling Waters project.
4. Deviation #4 seeks relief from Subsection 5,03,02.E.2, fences and walls, which requires
construction of a masonry wall between non-residential and residential land uses, to permit
construction of a chain link fence for a portion of the project adjacent to the Preserve area
FREESTATE CPUD (Rev 21 Bee 7-22~08) rev 7-25-08A
Page 7 of 19 1?rrrfJJ-
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as shown on the Master Plan, The remainder of the site shall have a masonry wall located
as depicted on Exhibits C, G, G.1.A., G,2,B and G,3.C of the CPUD.
5. Deviation #5 seeks relief from LDC Subsection 4.06.02.C.4, Buffer Requirements, which
requires a minimum 20 foot wide Type D landscape buffer for properties greater than 15
acres in size or located within an Activity Center to allow a minimum 10 foot wide Type D
landscape buffer adjacent to Davis Boulevard, with compensating vegetation planting areas
as shown on the buffer deviation Exhibit H, where the 20 foot wide buffer cannot be
maintained due to required State FDOT turn lane 1 sidewalk improvements.
FREESTATE CPUD (Rev 21 Bee 7-22-08) rev 7~25-08A
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EXHIBIT F
FOR
FREESTATE CPUD
LIST OF DEVELOPER COMMITMENTS
Regulations for development of the Freestate CPUD shall be in accordance with the
contents of this CPUD Ordinance and applicable sections of the LDC and Growth
Management Plan (GMP) in effect at the time of issuance of any development order to
which said regulations relate. Where this CPUD Ordinance does not provide development
standards, then the provisions of the specific sections of the LDC that are otherwise
applicable shall apply.
1, UTILITIES
A. A wellfield easement approximately 50 feet by 120 feet in size with appropriate
access shall be provided over and across the area as identified on the CPUD
Master Plan. The development's required 20-foot wide Type D landscape
buffer and 15-foot wide Type B landscape buffer shall be located outside of the
well easement area and a 20-foot wide access easement shall be provided
between Davis Boulevard and the well site, In addition, a minimum 20-foot
wide County Utility Easement (CUE) is required from the Davis Boulevard right-
of-way to the well site easement. The conveyance of the wellfield easement
shall occur prior to SDP approval for the area within the development phase
that contains the respective well site, access and utility easements (county
utility easements). Forty-five days after the request by the County, the
developer shall provide the following items at no cost to Collier County:
1. Legal descriptions and sketches of the well site easement and the
utility and access easement from the well site to the public right-of-
way,
2. Attorney opinion of title which shall identify all parties, if any, holding
liens against the agreed upon easement areas, and to which is
attached a copy of the deed(s) evidencing record title, and hard
copies of said liens, if any, against the property.
3. At the time of conveyance of the wellfield easement to the County,
the County shall pay to the developer cash equal to the fair market
value of the wellfield easement or in the alternative the County shall
grant the appropriate impact fee credit to the developer.
2, TRANSPORTATION
A. Santa Barbara Boulevard is programmed in the Collier County 5-Year Work
Program, Capital Project # 60091. Payment in lieu of sidewalks and bike lanes
for the Santa Barbara Boulevard frontage shall be required. The amount shall
be determined utilizing FDOT's 2004 Transportation Costs, as amended,
Payment shall be required within 30 days of approval of the zoning petition by
the Board of County Commissioners,
B. Certificates of occupancy (CO s) may be issued upon a determination that this
portion of the project complies with the appropriate standards for the the
issuance of COs, for only 26,000 square feet of the project until such time as
the Santa Barbara Boulevard extension shall be substantially complete,
FREESTATE CPUD (Rev 21 Bee 7.22-08) rev 7-25~08A
Page 9 of 19 /nrlYJ-
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Access to the project shall be limited to one right-in/right-out turning movement
onto Davis Boulevard until the Santa Barbara extension shall be substantially
complete.
If the County has not entered into a contract for the construction of the Santa
Barbara Boulevard extension by the second anniversary date of the approval of
this Ordinance, then the developer may at its sole discretion pursue one of the
following:
1. The developer may construct a temporary access to the project from Davis
Boulevard to the project entrance within the Santa Barbara Boulevard right-
of-way area. All improvements within the Santa Barbara right-of-way shall
be subject to the review and approval of the transportation administrator, or
designee, which approval will not be unreasonably withheld; or
2, The developer may construct two southbound lanes of the Santa Barbara
Boulevard extension project in accordance with the County's roadway plans
for the segment of Santa Barbara Boulevard from Davis Boulevard to the
southernmost entrance of the subject property. Said roadway segment
shall be utilized as a two-way road until such time as all travel lanes of the
Santa Barbara Boulevard extension project are open and available for
public usage. The developer shall be eligible to receive road impact fee
credits equal to the cost of construction of the two lanes of travel lanes for
the Santa Barbara Boulevard extension constructed pursuant to this
Subsection,
3, Upon completion of either of the options referenced in this Subsection, the
developer shall be allowed to apply for COs for the remainder of the
project.
C, If turn lanes serving this project are constructed by the County as part of the
Santa Barbara Boulevard Extension, then payment in lieu of construction shall
be required for the turn lanes serving this project and payment to the County
shall be made within 120 days of receipt of written request from the County.
D, The petitioner must pay in lieu for any turn lane(s) being constructed as part of
the Davis Boulevard improvements within 120 days of the final adoption of this
CPUD. Upon approval of the payment amount, payment shall be made to the
Collier County Transportation Services Division.
3. ENVIRONMENTAL
A, The South Florida Water Management District (SFWMD) and United States
Army Corp of Engineers (USACE) permits shall be provided prior to SDP
approval;
B. United States Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife
Conservation Commission (FFWCC) technical assistance shall be provided
prior to SDP approval or plat approval.
C, The following items shall be required prior to the SDP approval.
1. Approved preserve management plan and conservation easement.
2. Florida Black Bear Management Plan.
3, Big Cypress Squirrel Protective Plan
FREESTATE CPlJD (Rev 21 Bee 7.22.0S) "V '.25-DSA Page ]0 of 19rrmr7J.-- FMPlJD
D. The following items shall be required prior to any vegetation removal.
1. A Big Cypress Squirrel survey
2. A full nesting and foraging Red-Cockaded Woodpecker survey, unless
written technical assistance form Florida Fish and Wildlife Conservation
Commission (FFWCC) and/or US Fish and Wildlife Service (FWS), is
provided.
4. LANDSCAPE
A. A minimum 20 foot wide planted landscape buffer shall be provided adjacent to
the south and west boundaries of the proposed project, except adjacent to the
preserve area and proposed Collier County wellfield easement. The buffer
shall include a vegetated berm and shall be approximately 4 feet in height as
measured from natural ground elevation at the property line and must be
planted with vegetative material as described below.
Two staggered rows of LDC required canopy trees, 10 feet to 12 feet in height,
shall be provided at 25 feet on center in the proposed project's buffer (except
for the buffer shown in cross-section 3C which shall provide a single row).
Additionally, two staggered rows of sabal palms, 12 foot to 22 foot clear trunk,
at staggered heights shall be provided on the berm at 10 feet on center. A
continuous single row of 7 gallon native hedges shall be planted 4 feet on
center.
Where dry detention areas are provided adjacent to the buffer area, such
detention areas shall be planted with water tolerant plant material such as red
maple, cypress, in order to provide additional vegetative buffering, Irrigation
shall be provided for plantings on both sides of any required wall. (Refer to
Exhibits G, G.1.A, G,2.B, and G.3.C.)
Adjacent to the proposed County wellfield easement, a 15 foot wide Type B
buffer, see section 5.B below for additional landscape requirements, shall be
installed at the time the County develops the site as a wellfield.
B. The development side of the perimeter 8-foot high wall shall be planted with a
single hedge row consisting of a minimum 3-gallon plantings, 24 inches in
height and 3 feet on center, except that the portion at the rear of Building D
shall not be required to provide the hedge,
That portion of the wall near the southeastern corner of the site must be
extended south to the southern property line along the Santa Barbara
Boulevard right-of-way.
5, PLANNING
A, All building and parking lot lighting shall include "cutoff' type fixtures or shields
to direct the lighting downward and to minimize glare onto adjacent properties
or public rights-of-way,
B, The developer shall construct the landscape buffers in accordance with Exhibit
G of the CPUD, concurrent with the initial site development work (except that
portion adjacent to the proposed Collier County wellfield easement, which shall
be installed at the time of wellfield development by Collier County), The
buffers shall be constructed and vegetated prior to the issuance of the first
FREESTATECPUD (Rev 21 BCC7.22-08)rev 7.25.08A Page I] of]9 .~ FMPlJD
certificate of occupancy for the property, The wall that is shown on Exhibit G
shall be constructed in phases, That portion of the wall extending from the
preserve area northward to Davis Boulevard, and from Santa Barbara
Boulevard west approximately 130 feet (along the southernmost project
access), must be installed prior to the issuance of the first certificate of
occupancy for the project. The remainder of the wall must be constructed
concurrent with the site development and infrastructure installation supporting
the southernmost building shown on the CPUD Conceptual Master Plan, and
must be complete prior to the issuance of the certificate of occupancy for the
southern most building,
C. All buildings constructed within the Freestate CPUD shall have a unifying
architectural style, design features, and color palate,
D. Prior to the issuance of the first certificate of occupancy for the project, the
developer must install temporary chain link security fencing near the northern
and eastern limits of Phase One construction clearing, generally located as
shown on Exhibit I. The temporary fencing shall extend far enough into the
uncleared areas of the phase two construction area for a sufficient distance so
that it appears that the fencing is continuous. The temporary fencing must
remain in place until clearing for Phase Two construction of the project
commences.
FREESTATE CPUD (Rev 21 Bee 7-22-08) rev 7-25-08A
Page12of19 -~
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk .of Caurts in and far the
Twentieth Judicial Circuit, Callier Caunty, Flarida, da
hereby certify that the faregaing is a true and carrect
c,opy .of:
ORDINANCE 2008-39
Which was adapted by the Baard .of Caunty Cammissianers
an the 22nd day .of July, 2008, during Regular Sessian.
WITNESS my hand and the .official seal .of the Baard .of
Caunty Cammissianers .of Callier Caunty, Flarida, this 29th
day .of July, 2008.
DWIGHT E. BROCK
Clerk .of Caurts and Clerk
Ex-afficia ta Baard .of
Caunty Cammissianers, 'i'i
fuw ~~~,c..
By: Ann Jennejahn~
Deputy Clerk '
";;:,'
..,
.