Ordinance 2001-010 ORD N^NCE NO. 01- I O
AN ORDINANCE .AMENDING ORDINANCE NUMBER 91-102
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCL
THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9634N;
BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "A' RURAL AGRICULTURAL TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COLLIER
BOULEVARD MIXED USE COMMERCE CENTER LOCATED IN THE
NORTHWEST QUADRANT OF 1-75 AND COLLIER BOULEVARD (C.R.
951), IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 70~ ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert L. Duane, of Hole, Montes & Associates, Inc., representing Auto Vehicle Parts
Company, 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 34, Township 49 South,
Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit
Development in accordance with the Collier Boulevard Mixed Use Commerce Center PUD Document, attached
hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9634N, as
described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this
ApProVed as' to Form
and Legal Sufficiency
IV:Ia~o(d~ M. Student '
Assistant County Attorney
,2001.
BOARD OF COUNTY COMMISSIONERS
COLLIER C~FL~
BY: ~-~ _ _
JAMES D. C~TER, PI~. D., CHA[RIVlAN
This ordinance filed with the
and ocknowledgement of ~ _..
filir~g .~re~eivecl l:hls c~'~' day ~
-:L-
COLLIER BOULEVARD MIXED-USE
COMMERCE CENTER
A
PLANNED UNIT DEVELOPMENT
PREPARED BY:
HOLE MONTES INC.
950 ENCORE WAY
NAPLES, FLORIDA 34110
HM PROJECT 1992114
AND
YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A.
80] LAUREL OAK DRIVE, SUITE 300
NAPLES, FLORIDA 34108
JULY, 2000
Revised September, 2000
Revised October, 2000
Revised January, 2001
Revised February, 2001
Date Reviewed by CCPC:
Date Approved by BCC:
Ordinance No. ,.9-{30 1"
Amendments & Repeals
TABLE OF CONTENTS
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
SECTION VIII
Page
Statement of Compliance .................................................................................... 1
Property Ownership, Legal Description, Short Title and
Statement of Unified Control .............................................................................. 2
Statement of Intent and Project Description ........................................................ 3
General Development Regulations ...................................................................... 4
Preserve Area Requirements ............................................................ 8
Permitted Uses and Dimensional Standards for Residential Development ....... 9
Permitted Uses and Dimensional Standards for Commercial Development.... 12
Development Commitments .....
Exhibit A - PUD Master Plan
Exhibit B - Legal Description
EXHIBITS
SECTION I
Statement of Compliance
The development of 70.2 acres of property in Section 34, Township 49S, Range 26E Collier County,
Florida, as a Planned Unit Development to be known as the Collier Boulevard Mixed-Use
Commeme Center PUD, will be in compliance with the goals, objectives, and policies of Collier
County as set forth in the Growth Management Plan. The residential and commemial components of
the project will be consistent with growth policies, land development regulations and applicable
comprehensive planning objectives of each of the elements of the Growth Management Plan for the
following reasons:
The property is a mixed-use Planned Unit Development located within Activity Center #9
revised under the EAR based GMP Future Land Use Element Amendment. The proposed gross
density often (10) dwelling units per acre is consistent with the Future Land Use Element of the
Collier County Growth Management Plan which allows up to sixteen (16) units per acre within
Activity Centers. The total number of dwelling units proposed is four hundred and thirty three
(433) on 43.3 acres proposed for residential use. Commercial uses are permitted within the
Activity Center and, therefore, are also consistent with the Future Land Use Element.
2. The project shall be consistent with the adopted Activity Center #9 Interchange Master Plan.
The subject property's location in relation to the existing or proposed community facilities and
services supports the development's residential density and commercial uses as required in
Objective 2 of the Future Land Use Element.
4. The proposed development is compatible and complementary to existing and future surrounding
land uses as required in Policy 5.4 of the Future Land Use Element.
5. Improvements are planned to be in compliance with applicable land development regulations as
set forth in Objective 3 of the Future Land Use Element.
6. The proposed development will result in an efficient and economical extension of community
facilities and services as required in Policies 3.1.H and L of the Future Land Use Element.
7. The project is planned to incorporate natural systems for water management in accordance with
their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element
of the Public Facilities Element.
All final Development Orders for this project are subject to the Collier County Concurrency
Management System, as implemented by the Adequate Public Facilities Ordinance in Division
3.15 of the Land Development Code.
Page 1 of 20
SECTION II
Property Ownership, Legal Description, Short Title and Statement of Unified Control
2.1 Property Ownership
The Auto Vehicle Parts Company currently owns the subject property.
2.2 Legal Description
Section 34, Township 49 South, Range 26 East, Collier County, Florida, and, more
particularly, described in Exhibit "B".
2.3 General Description of Property
The property is located in the northwest quadrant of Collier Boulevard and 1-75.
2.4 Physical Description
The subject property is vacant at the time of the application for rezoning. This site currently
drains from the northeast to the southwest. Soil types on the site are (I 4) Pineda Fine Sand,
Limestone Substratum and (21) Boca Fine Sand. The property is located in Flood Zone X.
The zoning classification prior to the date of this PUD was Agricultural (A).
2.5 Short Title
This ordinance shall be known and cited as the "Collier Boulevard Mixed-Use Commerce
Center Planned Unit Development Ordinance".
2.6 Statement of Unified Control
This statement represents that the current property owner has lands under unified control for
the purpose of obtaining PUD zoning on the subject property. Development of this Planned
Unit Development will occur in accordance with the Planned Unit Development regulations
contained herein and any conditions approved with the Rezone Petition as described and
agreed to within the PUD Ordinance.
Page 2 of 20
SECTION III
Statement of Intent and Project Description
3.1 Introduction
It is the intent of this Ordinance is to establish a Planned Unit Development meeting the
requirements as set forth in Section 2.2.20 of the Collier County Land Development Code
(LDC). The purpose of this document is to set forth guidelines for the future development of
the project that meet accepted planning principles and practices, and to implement the Collier
County Growth Management Plan.
3.2 Pr0jectDescfiption
The project contains 70.2 acres and comprises a mix of two hundred and seventy thousand
(270,000) square feet of gross leaseable floor area for retail and office uses on 25.3 acres.
The project also proposes four hundred and thirty-three (433) dwelling units based on a gross
density often (10) dwelling units on 43.3 acres proposed for residential use amongst other
uses set forth in the PUD document.
Access will be provided from an existing easement, which intersects with Collier Boulevard
north of the subject property and also provides access to adjoining properties to the north and
west of the subject property. The project's proximity to 1-75 and Collier Boulevard provides
convenient access for both proposed commercial and residential uses.
3.3 Land Use Plan and Project Phasing
The PUD Master Plan provides for areas of commercial and residential use, water
management areas, and retained vegetation area and road rights-of-way as depicted
on Exhibit "A". The PUD Master Plan is designed to be flexible with regard to the
placement of buildings, tracts and related utilities and water management facilities.
More specific commitments will be made at the time of Site Development Plan and
permitting approval, based on compliance with all applicable requirements of this
Ordinance, the LDC and local, state and federal permitting requirements. All tracts
may be combined or developed separately subject to compliance with the applicable
dimensional requirements contained within this document.
The anticipated time of build-out of the project is approximately six (6) years from
the time of issuance of the first building permit, or 2006. However, actual build-out
will depend on market conditions.
Page 3 of 20
SECTION 1V
General Development Regulations
The purpose of this Section is to set forth the development regulations that may be applied generally
to the development of the Collier Boulevard Mixed-Use Commerce Center Planned Unit
Development and Master Plan.
4.1 General
4.2
The following are general provisions applicable to the PUD Master Plan:
Regulations for development of the Collier Boulevard Mixed-Use Commerce Center
shall be in accordance with the contents of this document, the PUD Planned Unit
Development District, the adopted Activity Center #9 Intemhange Master Plan (IMP)
and other applicable sections and parts of the Collier County Land Development
.Code (LDC) and the Collier County Growth Management Plan in effect at the time of
msuance of any development order to which said regulations relate which authorizes
the construction of improvements. The developer, his successor or assignee, agree to
follow the PUD Master Plan and the regulations of this PUD as adopted and any
other conditions or modifications as may be agreed to in the rezoning of the property.
In addition, any successor in title or assignee is subject to the commitments within
this agreement.
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.
All conditions imposed and all graphic material presented depicting restrictions for
the development of the Collier Boulevard Mixed-Use Commerce Center shall
become part of the regulations that govern the manner in which this site may be
developed.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities, of the LDC at the earliest or next to occur of either final SDP approval,
final plat approval, or building permit issuance applicable to this development.
Unless specifically waived through any variance or waiver provisions from any other
applicable regulations, the provisions of those regulations not otherwise provided for
within this PUD remain in full force and effect.
Site Clearing and Drainage
Cleating, grading, earthwork, and site drainage work shall be performed in accordance with
the Collier County LDC and the standards and commitments &this document in effect at the
time of construction plan approval.
Page 4 of 20
4.3
4.4
4.5
4.6
Easements for Utilities
Easements, where required, shall be provided for water management areas, utilities and other
purposes as may be required by Collier County. All necessary easements, dedications or
other instruments shall be granted to ensure the continued operation and maintenance of all
services and utilities. This will be in compliance with applicable regulations in effect at the
time construction plans and plat approvals are requested. Easements dedicated to Collier
County shall be given a credit for open space and the retention of native vegetation.
Amendments to the Ordinance
The proposed PUD Master Plan is conceptual in nature and subject to change within the
context of the development standards contained in this Ordinance.
Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section
2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested.
Proiect Plan Approval Requirements
Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if required)
shall be submitted for the entire area covered by the PUD Master Plan. All division of
property and the development of the land shall be in compliance with the Subdivision
Regulations set forth in Section 3.2 of the LDC.
Prior to the recording of the Final Subdivision Plat, when required by the Subdivision
Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements
shall receive the approval of all appropriate Collier County governmental agencies to ensure
compliance with the PUD Master Plan, the County Subdivision Regulations and the platting
laws of the State of Florida.
Prior to the issuance of a building permit or other development order, the provisions of
Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable.
Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all
tracts as shown on the PUD Master Plan.
Provision for Offsite Removal of Earthen Material
The excavation of earthen material and its stockpiling in preparation of water management
facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of
fill activities on buildable portions of the project site, there is a surplus of earthen material,
offsite disposal is also hereby permitted subject to the following conditions:
Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall
not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000
cubic yards.
Page 5 of 20
4.7
A timetable to facilitate said removal shall be submitted to the Development Services
Manager for approval. Said timetable shall include the length of time it will take to
complete said removal, hours of operation and haul routes.
C. All other provisions of Section 3.5 of the LDC are applicable.
Sunset and Monitoring Provisions
The Collier Boulevard Mixed-Use Commerce Center PUD shall be subject to Section 2.7.3.4
of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring
Requirements.
4.8 Polling Places
Polling places shall be provide in accordance with Section 3.2.8.3.14 of the Collier County
Land Development Code.
4.9 Native Vegetation
The project will meet the requirements of Division 3.9, Vegetation Removal, Protection and
Preservation of the LDC for the subject property. Vegetated areas designed to preserve
native vegetation may be provided for in the residential or commercial portion of the project
and may be reconfigured at the time of Final Plat or Site Plan Approval based on preparation
of more detailed plans.
4.10 Open Space
In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space
will be allocated within each subsequent development area. Open space may be in the form
of landscaping, additional buffers, passive or active recreation areas and water management
facilities. The total aggregate of such open space areas shall meet or exceed the open space
requirements of Section 2.6.32 of the LDC.
4.11 Archaeological Resources
The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological
resources in the event such resources are contained on the property.
4.12 Common Area Maintenance
Common area maintenance, including the maintenance of common facilities, open spaces,
and water management facilities, shall be the responsibility ora homeowners' association to
be established by the developer.
Page 6 of 20
4.13 Architectural and Site Design Standards
Development of commercial uses shall meet the requirements of Division 2.8 of the LDC,
including the requirements of the adopted Activity Center #9 Interchange Master Plan.
4.14 Signage
All signage shall be in accordance with the adopted Activity Center #9 Interchange Master
Plan and Section 2.5 of the Collier County Land Development Code, as applicable.
However, two (2) Identification Signs are permitted along the Collier Boulevard road
frontage to identify the residential component of the project. Each sign may be thirty-two
(32) square feet in area or sixty-four (64) square feet combined.
4.15 OffStreet Parking and Loading
All off street parking and loading shall be in accordance with Division 2.3 of the Collier
County Land Development Code and the adopted Activity Center #9 Intemhange Master
Plan, as applicable.
4.16 Landscaping
All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier
County Land Development Code and the adopted Activity Center #9 Interchange Master
Plan.
Page 7 of 20
5.1
5.2
SECTION V
Preserve Area Requirements
PURPOSE
The purpose of this Section is to identify development standards for the Preserve Areas as
shown on Exhibit "A", PUD Master Plan.
PERMITTED USES
Clearing for permitted uses is allowed provided that a minimum of 15.12 acres of native
vegetation is retained within the PUD. No building, structure or part thereof, shall be
erected, altered or used, or land used, in whole or part, for other than the following structures:
A. Permitted Principal Uses and Structures:
1. Passive recreation areas.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
5. Supplemental landscape planting, screening and buffering within the
Preserve Areas, after the appropriate environmental review.
6. Any other use deemed comparable in nature by the Development Services
Director.
Page 8 of 20
SECTION VI
6.1
6.2
6.3
Permitted Uses and Dimensional Standards for Residential Development
Purpose
The purpose of this Section is to identify permitted uses and development standards for areas
within the Collier Boulevard Mixed-Use Activity Center designated for residential
development on the PUD Master Plan, Exhibit "A".
Maximum Dwelling Units
Four hundred and thirty-three (433) dwelling units are permitted within the Collier
Boulevard Mixed-Use Commerce Center based on a gross density often (10) dwelling units
per acre for 43.3 acres designated "R" on the PUD Master Plan.
General Description
The PUD Master Plan designates the following uses for the general use designations on said
Master Plan.
6.4
TRACT ACRES
PERCENTAGE
1. COMMERCIAL TRACTS
2. RESIDENTIAL TRACTS *
3. RIGHTS-OF-WAY
TOTAL
25.3 36%
43.3 61%
1.6'* 3%
70.2 100%
* Includes water management and vegetation to be retained.
**Commercial right-of-way only.
The approximate acreage of residential areas is depicted on the PUD Master Plan. Actual
acreage of all development tracts will be provided at the time of Site Development Plan or
Final Subdivision Plat approval in accordance with Article 3, Division 3.3, and Division 3.2,
respectively, of the Collier County Land Development Code. Residential areas are designed
to accommodate internal roadways, open spaces, recreational amenity areas, water
management facilities, and other similar uses typically found in residential areas.
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:
1. Principal Uses:
(a)
(b)
(c)
(d)
Single Family Detached Dwellings
Zero-Lot Line Dwellings
Two-family and Duplex Dwellings
Single Family Attached and Townhouse Dwellings
Page 9 of 20
(e)
(0
(g)
Multi-Family Dwellings, including Garden Apartments
Adult or Assisted Living Facilities
Any other housing type which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible with residential uses.
2. Accessory Uses and Structures
(a)
Accessory uses and structures customarily associated with principal
residential uses permitted in this District, including recreational facilities,
maintenance facilities and clubhouse.
6.5 Development Standards
TABLE 1
DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS
pERMITTED USES SINGLE ZEROI ~WO: I S~GEE ~Ti~
~ STANDARDS :
Minimum Lot Areas 6,000 S.F. 3,500 3,500 S.F.°> 3,000 S.F. par 1 AC
$.F. du.
Minimum Lot Width(2> 60 35 35 30 150
Front Yard 25(5x8> 15 15 20 25
Side Yard(3> 7.5(*~ 0 or 0or6 0 or 12' 0 or.6 BH
12(4>
Rear Yard Principal 20(*> 10 15 20 25
Rear Yard Accessory 10 5 5 10 10
Maximum Building 35 35 35 35 35
Height
Distance Between N/A N/A N/A 10 .5 BH
Structures
Floor Area Min. (SF) 1200 1200 1200 1000 600
BH = Building Height
ces are in feet unless otherwise noted.
SBH = Sum of Building Heights
2
3.
4.
5.
Each halfofa duplex unit requires a lot area allocation of thirty-five hundred (3,500)
square feet'for a total minimum lot area of seven thousand (7,000) square feet.
Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots
located on curvilinear streets provided the minimum lot area is still maintained.
Accessory uses such as pool enclosures may be attached to principal uses and may be
set back five (5) feet from side or rear property lines.
Where the zero (0) foot yard option is utilized, the opposite side of the structure shall
have a twelve (12) foot sideyard.
Single-family dwellings which provide for two (2) parking spaces within an enclosed
Page 10 of 20
garage and provide for guest parking other than private driveways may reduce front
yard requirements to five (5) feet for the garage and fifteen (15) feet for the
remaining structures. Side entry garage setbacks may be reduced to twelve (12) feet.
Building height shall be the vertical distance from the first finished floor to the
highest point of the roof surface of a flat or Bermuda roof, to the deck line or a
mansard roof and to the mean height level between eaves and ridge of gable, hip and
gambel roofs. Accessory buildings shall be limited to twenty (20) feet above grade.
Adult Living Facilities shall be developed in conformance with the requirements of
Section 2.6.26 of the Collier County Land Development Code. Development
standards for Adult Living Facilities shall be the same as provided for multi-family
dwelling units in Table I. The maximum number of Adult Living Facilities shall be
two hundred fifty (250) units. For each acre of ALF use developed on the subject
property, ten (10) multi-family dwelling units per acre will be subtracted from the
maximum number of dwelling units permitted.
See also Section 8.2.12 Transportation Requirements of this Ordinance pertaining to
1-75 setback requirements.
Page 11 of 20
SECTION VII
Permitted Uses and Dimensional Standards for Commercial Development
7.1 Purpose
The purpose of this Section is to identify permitted uses and development standards for areas
within the Collier Boulevard Mixed-Use Commerce Center designed for commercial use.
7.2 General Description
No commercial use may be developed until the Activity Center #9 Intemhange Master Plan
(IMP) is adopted by the Collier County Board of Commissioners and the consistency of the
proposed uses with said IMP established.
The acreage of the tracts depicted on the PUD Master Plan is based on conceptual designs
and is approximate. Actual acreages of all developed tracts will be provided at the time of
Preliminary Subdivision Plat submittal in accordance with Division 3.2 of the Collier County
LDC. All tracts are deigned to accommodate internal roadways, open spaces, water
management facilities and other similar uses.
7.3 Development Intensity
A maximum of two hundred forty thousand (240,000) square feet of commercial retail gross
leaseable floor area, and a maximum of thirty thousand (30,000) square feet of gross
leaseable office floor area is permitted. A maximum of one hundred and fifty (150)
hotel/motel units are also permitted. Hotel/motel units shall be permitted a maximum floor
area ratio of .60.
While the total amount of retail and office area averages ten thousand seven hundred fourteen
(10,714) square feet of gross leaseable area per acre, this intensity may be exceeded on
individual tracts provided the overall intensity is not exceeded for the project as a whole.
7.4 Configuration of Commercial Area
The land area allocated for commercial use is 25.3 acres and is depicted on the PUD Master
Plan. The boundary of the commercial area may be expanded to the southwest along 1-75,
provided that the total area allocated for commercial use does not exceed 25.3 acres. In no
case will the boundary of the commercial area be permitted to extend beyond the boundary of
the commercial area to the north in the Golden Gate Commerce Park PUD.
7.5 Permitted Uses and Structures
No building or structure, or part thereof, shall be erected, altered, or used, or land used, in
whole or in part, for other than the following:
1. Accounting, Auditing and Bookkeeping Services (Group 8721)
2. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993)
Page 12 of 20
3. Apparel and Accessory Stores (Groups 5611-5699)
4. Automotive Dealers and Gasoline Service Stations (Groups 551 l, 5531, 5541, 5571,
5599 new vehicles only)
5. Automotive Rental and Repair, and Services (Groups 7514, 7515, 7521, 7533-7549)
6. Building Materials, Hardware and Garden Supplies (Groups 5211-5261)
7. Business Services (Groups 7311-7352, 7371-7379, 7384)
8. Child Day Care Services (Group 8351)
9. Communications (Groups 4812-4841, except principle transmission towers)
10. Depository Institutions (Groups 6011-6099)
11. Drug Store and Proprietary Stores (Group 5912)
12. Eating and Drinking Places (Groups 5812-5813. All establishments engaged in the
retail sale of alcoholic beverages are subject to the locational requirements of Section
2.6.10)
13. Engineering, Accounting, Research, Management and Related Services (Groups
8711-8748)
14. Food Stores (Groups 5411-5499)
15. General Merchandise Stores (Groups 5311-5399)
16. Group Care Facilities (Category I and II); Care units except for homeless shelters and
nursing home; subject to Section 2.6.26
17. Hardware Stores (Group 525 l)
18. Health Services (Groups 8011-8099)
19. Home Fumiture, Furnishing and Equipment Stores (Groups 5712-5736)
20. Hotels and Motels (Group 701 l)
21. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 641 l)
22. Legal Services (Group 811 l)
23. Libraries (Group 8231)
24. Management and Pubic Relations Services (Groups 8741-8743, 8748)
25. Membership Organizations (Groups 8611-8699)
26. Miscellaneous Personal Services (Groups 7211-7299 but not Turkish baths, tattoo
parlors, steam baths and escort services)
27. Miscellaneous Repair Services (Groups 5551, 5571-5599, 7622-7699).
28. Miscellaneous Retail (Groups 5912-5921, 5932 but not secondhand clothing stores or
pawnshops, Groups 5941-5963, 5992-5999).
29. Motion Picture Theatres (Group 7832)
30. Motor Freight Transportation and Warehousing (Group 4225 mini and self storage
warehousing only)
31. Museums and Art Galleries (Group 8412)
32. Non-depository Credit Institutions (Groups 6111-6163)
33. Paint, Glass and Wallpaper Stores (Group 5231)
34. Personal Services (Groups 7212, 7215, 7217, 7219-7299)
35. Public Administration (Groups 9111-9199, 9229, 931 l, 9411-945 l, 9511-9562, 9611-
9661)
36. Real Estate (Groups 6512, 6531-6541)
37. Retail Nurseries, Lawn and Garden Supply Stores (Group 5261)
38. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211-
6289)
39. Veterinary Services (Groups 0742, 0752, excluding outside kenneling)
40. Video Tape Rental (Group7841)
41. Vocational Schools (Groups 8243-8299)
Page 13 of 20
42. Any other general commercial use, which is comparable in nature with the foregoing
uses.
7.6
7.7
Accessory Uses
1. Uses and structures that are accessory and incidental to the permitted uses such as
signage, entrance features, and stormwater management facilities.
Dimensional Standards for Permitted Uses
1. Minimum Lot Area: Ten thousand (10,000) square feet.
2. Minimum Lot Width: One hundred (100) feet.
Minimum Yard Requirements:
a. Front Yard: Twenty-five (25) feet.
b. Side Yard: Fifteen (15) feet or one-half of the building height.
c. Rear Yard: Twenty-five (25) feet or one-half of the building height.
d. Any Yard abutting a residential parcel: Twenty-five (25) feet.
e. See also Section 8.2.12 Transportation requirements of this ordinance
pertaining to 1-75 setback requirements.
4. Maximum Height: Fifty (50) feet.
5. Minimum Floor Area: One thousand (1,000) square feet for each building on the ground
floor.
7.8
Minimum Off-Street Parking and Off-Street Loading: As required in Section 2.3, LDC,
however shared parking between the primary retail facility and free standing uses shall be
permitted throughout the site provided the total parking area shall meet or exceed
minimum parking required for combined uses. Cross-easements for shared parking
facilities are required for sharing parking facilities between uses.
7. Merchandise Storage and Display: Unless specifically permitted for a use, outside
storage or display of merchandise is prohibited.
8. Landscaping shall be in accordance with Section 2.4 of the LDC and the adopted
Interchange Master Plan.
9. Signs shall be as required by Division 2.5 of the LDC and the adopted Interchange
Master Plan.
Special Use Consideration
Boat Dealers Group 5551 are only permitted to display boats or similar merchandise in
enclosed structures or to the rear of the principal structure behind a Type "B" Buffer as
setforth in Division 2.4 of the LDC, to provide screening and buffering to Collier Blvd.
Page 14 of 20
SECTION VIII
Development Commitments
8.1 Environmental Standards
The purpose of this Section is to set forth the environmental commitments of the Project
Developer.
Vegetative Preserve Areas depicted on the PUD Master Plan are permitted for open space
and passive recreational use only. Vegetated preserve areas may be reconfigured
provided all other applicable requirements of this Ordinance are met. All preservation
areas shall be designated as Preservation Tracts or easements on all construction plans
and shall be recorded on the plat with protective covenants per or similar to Section
704.06 of the Florida Statutes.
Environmental permitting shall be in accordance with the State of Florida Environmental
Resource Permit Rules and be subject to review and approval by Current Planning
Section Staff.
Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3
of the Collier County LDC. For this site, a minimum of 15.12 acres of native vegetation
shall be retained on site.
An exotic vegetation removal, monitoring and maintenance (exotic f*ee) plan for the site,
with emphasis on the Preservation Area, shall be submitted to the Current Planning
Section Staff for review and approval prior to Final Site Plan/Construction Approval. A
schedule for exotic removal within all Preservation Areas shall be submitted with the
above-mentioned plan.
The petitioner shall comply with the guidelines and recommendations of the U.S. Fish &
Wildlife Service (USFWS) and Florida Fish & Wildlife Conservation Commission
(FFWCC) regarding potential impacts to protected wildlife species. Where protected
species are observed on site, a habitat management plan for these protected species shall
be submitted to Current Planning Section Staff for review and approval prior to Final
Site Plan/Construction Approval
6. The applicant shall be subject to all environmental ordinances in effect at the time of
development order approvals to which said regulations relate.
8.2 Transportation Requirements
The purpose of this Section is to set forth the transportation commitments of the project
development.
Page 15 of 20
1. The developer shall provide arterial level street lighting at the project entrance at the
intersection of Collier Boulevard and the access easement into the property. Such
lighting shall be in place prior to the issuance of any certificate of occupancy.
2. The road impact fee shall be as set forth in Road Impact Fee Ordinance 2000-56, and
shall be paid at the time building permits are issued or as provided by the Adequate
Public Facilities Ordinance, or as provided in this PUD ordinance.
3. Internal access improvements shall not be subject to impact fee credits and shall be in
place before any certificate of occupancy are issued.
4. All traffic control devices used shall conform to the Manual on Uniform Traffic Control
Devices as required by Chapter 316.0745, Florida Statutes.
5. Roads internal to the project to serve residential uses may be private at the option of the
developer.
The developer shall provide turn lanes at the project entrance on Collier Boulevard, prior
to the issuance of the first certificate of occupancy for the first structure in accordance
with the Collier County Public Right-of-Way Manual and Ordinance 82-91.
The developer shall make a fair share contribution towards the capital cost Of traffic
signals at the project entrance when deemed warranted by the Transportation Services
Director which is anticipated to be necessary for the efficient distribution of traffic in the
general area. These signals will be owned, operated and maintained by Collier County.
All land development activities and future transportation infrastructure improvements
shall be consistent with the Activity Center #9 Intemhange Master Plan. This includes
adopted access management standards/guidelines, transportation system management
(TSM) and transportation demand (TDM) strategies.
9. Access roads into the commemial area shall be open to the public in order to facilitate
shared access with commercially zoned lands to the north.
10. The PUD Master Plan depicts an area in the northeast comer of the property comprising
± .22 acres that will be dedicated to Collier County for drainage improvements and the
widening of Collier Boulevard. in exchange for impact fee credits in accordance with
Ordinance 2000-56.
11. The developer shall pay a fair share contribution toward the entire intersection
improvements at Collier Boulevard and Magnolia Pond Drive.
12. In recognition of the need to provide for future roadway improvements in Road Impact
Fee District 2, and to provide for mitigation pursuant to Policy 5.1 and 5.2 of the
Transportation Element until such time as Davis Boulevard just to the west of Collier
Boulevard is improved from two to four lanes, the Collier Boulevard Mixed Use
Commerce Center will advance its payments of estimated road impact fees upon
approval by the Board of County Commissioners of the Final Subdivision Plat and prior
to recording, to be paid for the area included in the Plat, which shall be deemed to satisfy
Page 16 of 20
the road component requirements of the Adequate Public Facilities Ordinance for said
platted area.
The developer shall reserve an area sixty (60) feet in width from where the existing
limited access right-of-way for Interstate 75 intersects with Collier Boulevard (County
Road 951) on the same side as developer's property and parallel to the right-of-way, for
the entire length of the developer's property as it existed at the time the PUD for the
development was approved, for the potential future reconfiguration of this quadrant of
the Interstate interchange. The reservation area may be credited by developer toward
required vegetation preservation. Buildings shall maintain a seventy-five (75) foot
structural setback from the existing Interstate 75 right-of-way, however, parking and
drainage improvements and similar accessory uses may be located up to the edge of the
reservation area.
8.3
At such time as the Florida Department of Transportation implements plans for the
widening of Interstate 75 in its Three-Year Work Program, and should an area less than
the sixty (60) foot reservation area be needed, the developer may reduce the structural
setback from Interstate 75 to a lesser amount, subject to the maintenance requirements
that may be in place at the time of such action and with the express approval of the
Collier County Development Services and Transportation Divisions. However, a
minimum of fifteen (15) feet shall be provided from the future Interstate 75 right-of-way.
This mitigation is in addition to needed right-of-way provided for the widening of Collier
Boulevard, the provision of drainage improvements for the same, and shared access and a
fair share contribution to improvements to the intersection of Magnolia Pond Drive and
Collier Boulevard to facilitate improved access throughout the general area.
Utility Requirements
The purpose of this Section is to set forth the utilities and engineering commitments of the
project developer.
Water distribution, sewage collection and transmission and interim water and/or sewage
treatment facilities to serve the project are to be designed, constructed, conveyed, owned
and maintained in accordance with Collier County Ordinance No. 88-76, as amended,
and other applicable County rules and regulations.
All customers connecting to the water distribution and sewage collection facilities to be
constructed will be customers of the County and will be billed by the County in
accordance with the County's established rates. Should the County not be in a position to
provide sewer service to the project, the sewer customers shall be customers of the
interim utility established to serve the project until the County's off-site sewer facilities
are available to serve the project.
Prior to approval of construction documents by the County, the developer must present
verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service
Commission has granted territorial rights to the developer to provide sewer service to the
project until the County can provide these services through its sewer facilities.
Page 17 of 20
The utility construction documents for the project's sewerage system shall contain the
design and construction of an on-site force main, which will ultimately connect the
project to the future central sewerage facilities of Collier County. The force main must
be interconnected to the pump station with appropriately located valves to permit for
simple redirection of the project's sewage, when connection to the County's central sewer
facilities becomes available.
Prior to or at the time of submission of construction plans and the final plat for the
project, the potable water supply from the Collier County Water-Sewer District to
serve this project shall be installed adjacent to the property and be in service.
8.4 Engineering Requirements
8.5
Detailed paving, grading, site drainage and utility plans shall be submitted to the
Development Services Department for review. No construction permits shall be issued
unless detailed paving, grading, site drainage and utility plans are submitted and until
approval of the proposed construction, in accordance with the submitted plans, is
granted by the Development Services Department.
2. A copy of the SFWMD Surface Water Management Permit must be received by the
Development Services staff prior to any construction drawing approvals.
3. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC
to define the right-of-way and tracts shown on the PUD Master Plan.
The developer and all subsequent owners of this project shall be required to satisfy the
requirements of all County ordinances or codes in effect prior to or concurrent with any
subsequent development order relating to this site, including but not limited to
Preliminary Subdivision Plat, Site Development Plan and any other applications that will
result in the issuance of a final development order.
Water Management Requirements
The purpose of this Section is to set forth the water management commitments of the project
developer.
Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County LDC, except that excavation for water
management features shall be allowed within twenty (20) feet from side, rear or abutting
property lines, with side, rear or abutting property lines fenced.
2. Landscaping may be placed within the water management area in accordance with the
criteria established within Section 2.4.7.3 of the LDC.
3. The wet season water table elevation shall be established at the time of South Florida
Water Management District permitting, which is required for the subject property.
4. An .existing thirty (30) foot drainage easement located along the western boundary ofthe
project shall be increased to forty-five (45) feet to accommodate the existing canal and
Page 18 of 20
maintenance access and shown on the final plat.
5. The proposed stormwater management system for the project shall provide for the six-
lane condition of Collier Boulevard runoff.
6. A surface water management permit must be obtained from the SFWMD prior to any
subdivision or site plan approval.
Page 19 of 20
0
0
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Exhibit B
LEGAL DESCRIPTION
THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER (NE 1/4) SECTION 34, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND THAT PORTION OF THE
NORTHEAST QUARTER (NE 1/4) OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, NOT
PREVIOUSLY CONVEYED OR CONDEMNED, COLLIER COUNTY FLORIDA;
AND LESS
THE REAL PROPERTY AS DESCIBED 1N THE STIPULATED FINAL JUDGEMENT OF
CONDEMNATION AS RECORDED AT O.R. BOOK 1018, PAGE 383, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA;
AND LESS
THE EAST 100 FEET PREVIOUSLY CONVEYED TO THE STATE OF FLORIDA FOR ROAD
RIGHT-OF-WAY BY SPECIAL WARRANTY DEED RECOREDED AT O.R. BOOK 13, PAGE 77,
THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA.
W:\1998\1998052'a-ld~PUD-90210.doc
Page 20 of 20
STATE OF FLORIDA)
COIINTY 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 copy of:
the
ORDINANCE NO. 2001-10
Which was adopted by the Board of County Commissioners on
13th day of March, 2001, during Regular Session.
WITNESS my hand and the official
County Commissioners of Collier County,
of March, 2001.
seal of the Board of
Florida, this 14th day
DWIGHT E. BROCR
Clerk of Courts
Ex-officio to Bo~ard
County Commlssl~gners
Deputy Clerk~,