Ordinance 2010-01
ORDINANCE NO. 10-~
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
HEREIN DESCRIBED REAL PROPERTY FROM AN
ESTATES (E) ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) ZONING DISTRICT TO BE KNOWN AS THE
FAKAHATCHEE PLAZA CPUD. THE PROPERTY IS
LOCATED AT THE NORTHWEST CORNER OF
GOLDEN GATE BOULEVARD (CR 876) AND
EVERGLADES BOULEV ARD, IN SECTION 6,
TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 5.46+/- ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Shoesop
Properties, 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 6,
Township 49 South, Range 28 East, Collier County, Florida, is changed from an Estates (E)
Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District to be
known as the Fakahatchee Plaza CPUD in accordance with Exhibits A through E, attached
Fakahatchee Plaza CPUD, AR-I1398
Rev. 12/21/09
Page I of2
hereto 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 Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this f} III day of '4)fJJdl ,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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8".6: i.,. V >'~ <:\f
'''Ili .,\ . h~~ Clerk
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By:
DONNA FIALA, Chairman
Approved asto form
and legal sufficiency:
!iw-c. w'iL
Steven T. Williams
Assistant County Attorney
Exhibit A ~ Permitted Uses
Exhibit B - Commercial Development Standards
Exhibit C - Master Concept Plan
Exhibit D - Legal Description
Exhibit E ~ Developer Commitments
Thl. OrdInance flledwltti tfie
SAc;wary of~~S Office the,o
\.Z.' day of ~ ..2Q
and ockno.wledge~e5~ot
fi~ receIved thIS oy
o Qn~~
By 1\11.....<:. OL
Dep C rk
CPI07 -CPS-00634162
Fakahatchee Plaza CPUD, AR-11398
Rev. 12/21/09
Page 2 of2
EXHIBIT A
PERMITTED USES
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:
PRINCIPAL USES:
1. Accident and Health Insurance (Group 6321).
2. Accounting, auditing and bookkeeping services (Group 8721).
3. Adjustment and Collection Services (Group 7322).
4. Administration of Educational Programs (Group 9411).
5. Administration of General Economic Programs (Group 9611).
6. Administration of Housing Programs (Group 9531).
7. Administration of Public Health Programs (Group 9431).
8. Administration of Social, Human Resource and Income Maintenance
Programs (Group 9441).
9. Administration of Urban Plmming and Community and Rural
Development (Group 9532).
10. Administration of Veterans' Affairs, Except Health and Insurance (Group
9451).
11. Advertising Agencies (Group 7311).
12. Air and Water Resource and Solid Waste Management (Group 9511).
13. Architectural Services (Group 8712).
14. Auto and home supply stores (Group 5531).
15. Automotive services (Group 7549), except any wrecker (towing) service.
16. Barber shops (Group 7241), except barber schools.
17. Beauty shops (Group 7231), except beauty schools.
18. Book Stores (Group 5942).
Fakahatchee Plaza CPUD
Revised: December 29. 2009
19. Business Associations (Group 8611).
20. Business Consulting Services (Group 8748).
21. Business Services, Not Elsewhere Classified (Group 7389), except
auctioneering services, automobile recovery services, automobile
repossession services, batik work (hand-printing on textiles), bottle
exchanges, bronzing, cloth cutting/bolting or winding, contractors'
disbursement control, assembling and packaging of cosmetic kits, cotton
inspection service, cotton sampler service, telephone directories'
distribution, drive-away automobile service, exhibit building, filling
(aerosol) pressure containers, field warehousing, fire extinguisher service,
float decoration, folding and refolding service, gas system conversion,
bottle or can labeling, merchandise liquidation services, metal slitting and
shearing, packaging and labeling, patrol of electric transmission or gas
lines, pipeline and power-line inspection service, press clipping service,
recording studios, repossession service, rug binding, salvaging of damaged
merchandise, scrap steel cutting and slitting, shrinking textiles, solvent
recovery service, sponging textiles, swimming pool cleaning and
maintenance, tape slitting, textile designers, textile folding, tobacco
sheeting service, window trimming service, and yacht brokers.
22. Camera and Photogmphic Supply Stores (Group 5946).
23. Candy, Nut, and Confectionery Stores (Group 5441).
24. Child day care services (Group 8351).
25. Children's and Infants' Wear Stores (Group 5641).
26. Civic, Social, and Fraternal Associations (Group 8641).
27. Coin-Operated Laundries and Dry-cleaning (Group 7215).
28. Commercial Art and Graphic Design (Group 7336).
29. Commercial Photography (Group 7335)
30. Commodity Contracts Brokers and Dealers (Group 6221).
31. Computer and Computer Software Stores (Group 5734)
32. Computer Facilities Management Systems (Group 7376).
33. Computer Integrated Systems Design (Group 7373).
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Fakahatchee Plaza CPUD
Revised: December 29, 2009
34. Computer Maintenance and Repair (Group 7378).
35. Computer Processing and Data Preparation and Processing Services
(Group 7374).
36. Computer Progranmling Services (Group 7371).
37. Computer Related Services, Not Elsewhere Classified (Group 7379).
38. Computer Rental and Leasing (Group 7377).
39. Credit Reporting Services (Group 7323).
40. Dairy Products Stores (Group 5451).
41. Direct Mail Advertising Services (Group 7331).
42. Direct Selling Establishments (Group 5963).
43. Drapery, Curtain, And Upholstery Stores (Group 5714).
44. Drug Stores and Proprietary Stores (Group 5912).
45. Dry-cleaning Plants, Except Rug Cleaning (Group 7216), non-industrial
dry cleaning only.
46. Eating places (Group 5812 only) with 6,000 square feet or less in gross
floor area in the principal structure (All establishments engaged in the
retail sale of alcoholic beverages for on-premise consumption are subject
to locational requirements of the Land Development Code).
47. Electrical and Electronic Repair Shops (Group 7629).
48. Employment Agencies (Group 7361).
49. Engineering Services (Group 8711).
50. Executive and Legislative Offices Combined (Group 9131).
51. Executive Offices (Group 9111).
52. Family Clothing Stores (Group 5651).
53. Federal and Federally-Sponsored Credit Agencies (Group 6111).
54. Fire, Marine, and Casualty Insurance (Group 6331).
3
Fakahatchee Plaza CPUD
Revised: December 29. 2009
. 55. Floor Covering Stores (Group 5713).
56. Florists (Group 5992), not to exceed 5,000 square feet.
57. Fruit and Vegetable Markets (Group 5431).
58. Furniture Stores (Group 5712).
59. Garment Pressing, and Agents for Laundries and Drycleaners (Group
7212).
60. General Government (Group 9199).
61. General merchandise stores (Group 5399).
62. Gift, Novelty, and Souvenir Shops (Group 5947).
63. Grocery Stores (Group 5411), Convenience Markets will only be
permitted to operate at a maximum of 16 hours per day subject to LUC
852 of the ITE, Seventh Edition, Volume 300.
64. Hardware stores (Group 5251).
65. Help Supply Services (Group 7363).
66. Hobby, Toy, and Game Shops (Group 5945).
67. Home Health Care Services (Group 8082).
68. Hospital and Medical Service Plans (Group 6324).
69. Household Appliance Stores (Group 5722).
70. Individual and Family Social Services (Group 8322), elderly or
handicapped activity centers, adult day care centers, and adult and
handicapped day care centers only.
71, Information Retrieval Services (Group 7375).
72. Insurance Agents, Brokers, and Service (Group 6411).
73. Insurance Carriers (Group 6399).
74. Investment Advice (Group 6282).
75. Jewelry Stores (Group 5944).
4
Fakahatchee Plaza CPUD
Revised: December 29, 2009
76. Labor Unions and Similar Labor Organizations (Group 8631).
77. Land, Mineral, Wildlife, and Forest Conservation (Group 9512).
78. Landscape Counseling and Plarming (Group 0781).
79. Legal services (Group 8111).
80. Legislative Bodies (Group 9121).
81. Life Insurance (Group 6311).
82. Loan Brokers (Group 6163).
83. Luggage and Leather Goods Stores (Group 5948).
84. Management Consulting Services (Group 8742).
85. Management Services (Group 8741).
86. Meat and Fish (Seafood) Markets, Including Freezer Provisioners (Group
5421).
87. Membership Organizations (Group 8699).
88. Men's and Boys' Clothing ar1d Accessory Stores (Group 5611).
89. Miscellaneous Apparel and Accessory Stores (Group 5699).
90. Miscellaneous business Credit Institutions (Group 6159).
91. Miscellar1eous Food Stores (Group 5499).
92. Miscellaneous Home Furnishings Stores (Group 5719).
93. Miscellaneous Personal Services (Group 7299), babysitting bureaus,
clothing rental, costume rental, dating service, depilatory salons, diet
workshops, dress suit rental, electrolysis, genealogical investigation
service, and hair removal only.
94. Miscellaneous Retail Stores (Group 5999), not to exceed 5,000 square feet
ar1d no adult-oriented businesses.
95. Mortgage Bankers and Loan Correspondents (Group 6162).
96. Museums and art galleries (Group 8412).
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Fakahalchee Plaza CPUD
Revised: December 29, 2009
97. Musical Instrument Stores (Group 5736).
98. News Dealers and Newsstands (Group 5994), not to exceed 5,000 square
feet.
99. Offices and Clinics and Doctors of Osteopathy (Group 8031).
100. Offices and Clinics of Chiropractors (Group 8041).
101. Offices and Clinics of Dentists (Group 8021).
102. Offices and Clinics of Doctors of Medicine (Group 8011).
103. Offices and Clinics of Health and Practitioners, Not Elsewhere Classified
(Group 8049).
104. Offices and Clinics of Optometrists (Group 8042).
105. Offices and Clinics of Podiatrists (Group 8043).
106. Optical Goods Stores (Group 5995), not to exceed 5,000 square feet.
107. Paint, glass and wallpaper stores (Group 5231).
108. Pension, Health, and Welfare Funds (Group 6371).
109. Personal Credit Institutions (Group 6141).
110. Photocopying and Duplicating Services (Group 7334).
Ill. Photofinishing Laboratories (Group 7384).
112. Photographic studios (Group 7221).
113. Physical fitness facilities (Group 7991).
114. Political Organizations (Group 8651).
115. Prepackaged Software (Group 7372).
116. Professional Membership Organizations (Group 8621).
117. Public Finance, Taxation, and Monetary Policy (Group 9311).
118. Public Order and Safety, Not Elsewhere Classified (Group 9229).
6
Fakahatchee Plaza CPUll
Revised: December 29, 2009
119. Public Relations Services (Group 8743).
120. Radio, Television and Consumer Electronics Stores (Group 5731).
121. Real Estate Agents and Managers (Group 6531).
122. Record and Prerecorded Tape Stores (Group 5735).
123. Regulation and Administration of Communications, Electric, Gas, and
Other Utilities (Group 9631).
124. Regulation and Administration of Transportation Programs (Group 9621).
125. Regulation of Agricultural Marketing and Commodities (Group 9641).
126. Regulation, Licensing, and Inspection of Miscellaneous Commercial
Sectors (Group 9651).
127. Religious Organizations (Group 8661).
128. Retail Bakeries (Group 5461).
129. Retail nurseries, lawn and garden supply stores (Group 5261).
130. Secretarial and Court Reporting Services (Group 7338).
131. Security and Commodity Exchanges (Group 6231).
132. Security Brokers, Dealers, and Flotation Companies (Group 6211).
133. Services Allied With the Exchange of Securities or Commodities (Group
6289).
134. Sewing, Needlework, and Piece Goods Stores (Group 5949).
135. Shoe repair shops and shoeshine parlors (Group 7251).
136. Shoe Stores (Group 5661).
137. Short-Term Business Credit Institutions, Except Agricultural (Group
6153).
138. Space and Research and Technology (Group 9661).
139. Sporting Goods Stores and Bicycle Shops (Group 5941).
7
Fakahalchee Plaza CPUD
Revised: December 29, 2009
140. Stationery Stores (Group 5943).
141. Surety Insurance (Group 6351).
142. Surveying Services (Group 8713).
143. Tax Return Preparation Services (Group 7291).
144. Title Abstract Offices (Group 6541).
145. Title Insurance (Group 6361).
146. Tobacco Stores and Stands (Group 5993), not to exceed 5,000 square feet.
147. Transportation services (Group 4724), travel agencies only.
148. United States Postal Service (Group 4311 except major distribution
centers).
149. Used Merchandise Stores (Group 5932).
150. Veterinary services (Groups 0742, 0752 excluding outside kenneling).
151. Videotape rental (Group 7841), limited to 1,800 square feet of gross floor
area and no adult-oriented businesses.
152. Watch, Clock, and Jewelry Repair (Group 7631).
153. Women's Accessory and Specialty Stores (Group 5632).
154. Women's Clothing Stores (Group 5621).
155. Any other principal use which is comparable in nature with the foregoing
list of permitted principal uses, as determined by the Board of Zoning
Appeals (BZA) by the process outlined in the LDC.
CONDITIONAL USES:
The following uses are permissible as conditional uses, subject to the standards and
procedures established in the LDC:
1. Churches and places of worship.
8
Fakahatchee Plaza crUD
Revised: December 29, 2009
PROHIBITED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for the following:
I. Correctional institutions (Group 9223).
2. Crematories (Group 7261) (Does not include non- crematory Funeral
Parlors).
3. Drinking places (5813) and Liquor stores (Group 5921).
4. Elementary and secondary schools (Group 8211), colleges (Group 8221),
junior colleges (Group 8222).
5. General hospitals (Group 8062), psychiatric hospitals (Group 8063), and
specialty hospitals (Group 8069).
6. Homeless shelters and soup kitchens (Group 8361).
7. Libraries (Group 8231).
8. Mail order houses (Group 5961).
9. Merchandising machine operators (Group 5962).
10. NEC Recreational Shooting Ranges, waterslides, etc. (Group 7999)
11. Power laundries (Group 7211).
12. Radio, TV representatives (Group 7313) and direct mail advertising
services (Group 7331).
13. Waste management (Group 9511).
14. Fast Food Restaurants with Drive Thru
15. Gas Stations
9
Fakahatchee Plaza CPUD
Revised: December 29, 2009
EXHIBIT B
COMMERCIAL DEVELOPMENT STANDARDS
. .....: . ... .. .. . I: PRINClPAL USES.. ...
MINIMUM LOT AREA 10,000 square feet
MINIMUM LOT WIDTH 100 feet
MINIMUM YARDS EXTElU>!AL / lNTElU>!AL ..:.
. ..
Front 25 feet / 25 feet
Rear N/A /15 feet
Side 15 feet! 7.5 feet
MIN. DISTANCE BETWEEN The greater of 15 feet or y, the
STRUCTURES sum of
zoned buildim, height
MAX1MUM HEIGHT zoned: 1 story and 35 feet
actual: I story and 47 feet
MINIMUM FLOOR AREA 700 square feet I
MAXIMUM BUILDING AREA 25,000 square-foot Gross Floor
Area (GFA) footprint
GENERAL: Except as providedfor herein, all criteria setforth above shall be understood
to be in relation to individual parcel or lot boundary lines, or between structures.
1. ARCHITECTURAL
A. All buildings and projects within the PUD shall utilize a common architectural
theme. This theme shall be applicable to both building design and signage.
B. All buildings shall have tile roofs or "Old Style Florida" metal roofs. The
buildings shall have an "Old Florida" architectural style and be finished in light,
subdued colors, except for decorative trim.
C. Pedestrian traffic shall be encouraged through the placement of sidewalks,
pedestrian walkways, and marked crosswalks within parking areas. Adjacent
projects shall coordinate placement of sidewalks so that a continuous pathway
through the Neighborhood Center is created.
D. Adjacent buildings within the Fakahatchee Plaza CPUD shall be connected with
walkways or courtyards.
10
Fakahatchce Plaza CPUD
Revised: December 29, 2009
E. Drive-through establishments shall be limited to banks and drugstores, with no
more than 3 lanes; the drive-through areas shall be architecturally integrated with
the rest of the building. Any drive through facilities shall be oriented away from
the single-family homes to the north and west unless these homes are buffered by
an intervening building on the CPUD site.
F. Fences or walls may be constructed on the commercial side of the required
landscape buffer between adj acent commercial and residential uses. If
constructed, such fences or walls shall not exceed five (5) feet in height. Walls
shall be constructed of brick or stone. Fences shall be of wood or concrete post or
rail types, and shall be of open design (not covered by slats, boards or wire).
G. A functional public open-space component shall be provided. Such public open
spaces shall be developed as green space within a pedestrian-accessible courtyard,
as per Section 5.05.08 C.9.d.i of the Collier County Land Development Code, as
in effect at the time of PUD approval.
H. All lighting facilities shall be architecturally-designed, and shall be limited to a
height of twenty-five (25) feet. Such lighting facilities shall be shielded from
neighboring residential land uses.
2. BUFFERING AND ENVIRONMENTAL
A. A 25-foot wide landscape buffer shall be provided abutting the external right-of-
way. This buffer shall contain two staggered rows of trees that shall be spaced no
more than 30 feet on center, and a double row hedge at least 24 inches in height at
the time of planting and attaining a minimum of three feet height within one year.
A minimum of 50% of the 25-foot wide buffer area shall be comprised of a
meandering bed of shrubs and grow1d covers other than grass. Existing native
tress must be retained within this 25-foot wide buffer area to aid in achieving this
buffer requirement; other existing native vegetation shall be retained, where
possible, to aid in achieving this buffer requirement. Water retention/detention
areas shall be allowed in this buffer area if left in natural state, and drainage
conveyance through the buffer area shall be allowed in necessary to reach an
external outfall.
B. Projects directly abutting residential property (property zoned E-Estates and
without an approved conditional use) shall provide, at a minimum, a seventy-five
(75) feet wide buffer in which no parking uses are permitted. Twenty-five (25)
feet of the width of the buffer along the developed area shall be a landscape
buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained
native vegetation and must be consistent with subsection 3.05.07 H. of the Collier
County Land Development Code (LDC). The native vegetation retention area
may consist of a perimeter berm and be used for water management detention.
Any newly constructed berm shall be re-vegetated to meet subsection 3.05.07 H.
JI
Fakahatchee Plaza CPUD
Revised: December 29. 2009
of the LDC (native vegetation replanting requirements). Additionally, in order to
be considered for approval, use of the native vegetation retention area for water
management purposes shall meet the following criteria:
a. There shall be no adverse impacts to the native vegetation being
retained. The additional water directed to this area shall not
increase the annual hydro-period unless it is proven that such
would have no adverse impact to the existing vegetation.
b. If the project requires permitting by the South Florida Water
Management District, the project shall provide a letter or official
document from the District indicating that the native vegetation
within the retention area will not have to be removed to comply
with water management requirements. If the District cannot or will
not supply such a letter, then the native vegetation retention area
shall not be used for water management.
c. If the project is reviewed by Collier County, the County engineer
shall provide evidence that no removal of native vegetation is
necessary to facilitate the necessary storage of water in the water
management area.
C. Along the Western side of the project a 5 foot fence or wall shall be constructed to
buffer the adjacent residential property. The fence or wall shall be located within
the required 25 foot landscape buffer. To accommodate the fence or wall along
the length of the western property line, the access drive to Golden Gate Blvd.
shall be no closer than 10 feet from the western property line. Adjacent to the
access drive, a minimum Type 'A' buffer shall be installed on the residential side
of the fence or wall.
3. TRANSPORTATION
A. Driveways shall align with driveway access on opposing parcels, except when the
roadway median between the two parcels has no opening, or does not provide for
a through movement.
]2
Fakabalchee P1a7,a CPU D
Revised: December 29, 2009
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EXHIBIT D
LEGAL DESCRIPTION
SECTION: 6, TOWNSHIP: 49 SOUTH. RANGE: 28 EAST
TRACT 128, GOLDEN GATE ESTATES UNIT NO. 76
AS RECORDED IN PLAT BOOK 5, PAGES 13 AND 14
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
THE ABOVE DESCRIBES AN AREA OF APPROXIMA TEL Y
238,800 SQUARE FEET OR 5.46 ACRES OF LAND
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
14
Fakahatchee Plaza CPUD
Revised: December 29, 2009
EXHIBIT E
DEVELOPER COMMITMENTS
1. PURPOSE
The purpose of this Section is to set forth the development commitments for the
development ofthe project.
2. ENVIRONMENTAL
1. The minimum native preservation requirement shall be 0.39 acres
(3.93 acres x 10% = 0.39 acres to be preserved).
11. The subject property is located within the ST- WI wellfield zone.
The storage and use of hazardous materials shall be strictly
prohibited.
3. TRANSPORTATION
A. The property owner within 30 days of the approval ofthis rezone shall convey to
Collier County lands described in Exhibit C attached hereto. The property owner
shall be entitled to receive cash compensation or Transportation impact fee credits
from Collier County not to exceed $30,000. The form of compensation shall be at
the discretion of Collier County. Cash compensation or written confirmation of
impact fee credit shall be issued by the County within 180 days of the acceptance
of lands described in Exhibit C. Said conveyance and acceptance by Collier
County of the described lands incorporates the following supporting points:
i.) This conveyance positively addressed the potential for incongruity as
stated in the Future Land Use Element under D. Special Issues which
references the importance of reserving adequate right-of-way at the time
of zoning. This conveyance ensures available right-of-way for plalmed
capacity improvements at the intersection of Everglades Boulevard and
Golden Gate Boulevard to accommodate a four-lane Everglades
Boulevard and six-lane Golden Gate Boulevard. (Any future right of way
taking(s) at this location shall be recognized as a separate action and shall
not be subject to the limitations of this document.)
ii.) The value of the lands conveyed is recognized to be in excess of the
compensation by cash or impact fee credit. Such value is required to
provide adequate mitigation for future transportation impacts resulting
from the project, limited to the land uses and intensity provided for in this
rezone and the accompanying TIS dated September 2009. This mitigation
satisfies consistency requirements of Policy 5.1 of the Transportation
Element of the Growth Management Plan for the density/intensity
proposed by this zoning change.
15
Fakahat.chee Plaza CPUD
Revised: December 29. 2009
iii.) All compensating right of way required in accordance with Section
6.06.0I.H.3 of the Land Development Code (as amended) is included in
the lands described in Exhibit C. No additional compensating right of way
will be required at the time of Development Order application. The
acreage of this compensating right of way shall not be creditable towards
impact fee credits, and shall not be compensated by the County.
iv.) Developer shall convey the parcel described in Exhibit C (the "Parcel") to
County in fee simple, free and clear of all liens and encumbrances.
Developer will provide the Office of the County Attorney with the
executed statutory warranty deed, suitable for recording, within ninety
(90) days of the County's request for conveyance. Upon receipt, the
County shall record the statutory warranty deed in the Public Records of
the County. All costs of recording and conveyance shall be paid by
Developer. County will be responsible for paying the costs of any title
work and searches, and Developer shall be responsible for all costs for
promptly removing or curing any liens, encumbrances or deficiencies
revealed in any title work. If required by the County Attorney, Developer
will promptly provide either an attorney's opinion, or a corporate affidavit,
identifying the record owner of this parcel, setting forth the authority of
the record owner to enter into this Agreement, and identifying any lien
holders having a lien or encumbrance on this parcel. The opinion or
affidavit will specifically describe each of the recorded instruments under
which the record owner holds title, each lien or encumbrance, and cite
appropriate recording information and incorporate by reference a copy of
all such referenced instruments.
B. The total combination of allowable land uses on this site shall not be allowed to
exceed the maximum trip generation for the proposed uses stated in the
September 2009 Trame Impact Study (134 PM Peak Hour, two-way trips). Staff
reserves the ability to limit square footage or the number of units during any
subsequent development order based on the trip generation limit. Any future
occupant change that increases trip generation per ITE trip generation guidelines
will require Transportation review and may not be allowed, if the total proposed
trips exceed the maximum impact listed in this condition.
4. UTILITIES
The project shall utilize well and septic systems until central water and sewer are
available.
16
Fakahatchee Plaza CPUD
Revised: December 29,2009
5. LIGHTING
A. If a streetlight or an area light is required, it shall be of the type specified to
protect neighboring properties from direct glare. Area lighting shall be shielded
such that direct rays do not pass property lines.
I. Where required, the street lamp shall be of the high pressure
sodium type and be a "cobra head with flat bottom" style or be
fully shielded so that light is directed only downward.
2. Parking lot lamps shall be low-pressure sodium type lamps or as
specified in item iii) below and shall be mounted so that they point
downward without direct rays extending past the parking lot,
building entrance, walkway, or other area intended to be
illuminated. Lighting design shall be such that light intrusion into
the native vegetation areas adjacent to residential lots is
minimized.
3. Exterior lighting shall be limited as follows to decrease the
ambient light intrusion on adjacent propelties and the Estates in
geneml:
I. All outside lights shall be limited to 250 watts HID or lumens
equivalent except for code required life/safety lighting such as exit
signs, stairwell and landing lighting, etc.
H. All exterior lamps must be full shielded.
iii. All landscape lighting must be fully shielded and no landscape up-
lighting shall be permitted.
6. OTHER
Hours of operation for all uses with the exception of Public Order and Safety
Facilities shall be limited to 6am to 10pm.
17
Fakahatchee Plaza CPU D
Revised: December 29. 2009
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 2010-01
Which was adopted by the Board of County Commissioners
on the 12th day of January, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of January, 2010.
DWIGHT E. BROCK ,
Clerk of Courts' and Clerk
Ex-officio to BOqxd of
County commisston.e~s
Ovuu ~'(JC ~
Ann JeWjoQ,
Deputy Clerk
By: