Ordinance 2002-51ORDINANCE NO, 02- 5_1.
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBERED 8516N BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS LAWMETKA PLAZA PUD FOR
PROPERTY LOCATED ON THE NORTHWEST CORNER OF
WIGGINS PASS ROAD (C.R. 888) AND U.S. 41, IN SECTION 16,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 34+ ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBERS 99-4 AND 90-26
RESPECTIVELY, THE FORMER LAMETKA PLAZA PUD(s); AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert L. Duane, of Hole Montes, Inc., representing Benderson Development
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 ComrfiYs~ion&.~ oLC~lier
County, Florida, that: i'~i ' ':
SECTION ONE: ~-~:
The zoning classification of the herein described real property loca~lifdn "~-ec 16,
Township 48 South, Range 25 East, Collier County, Florida, is changed from:~'~LlD"T-to "PUD"
Planned Unit Development in accordance with the Lawmetka Plaza PUD Document, attached hereto
as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered
8516N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is
hereby amended accordingly.
SECTION TWO:
Ordinance Number 99-4 and Ordinance Number 90-26, both known as the Lawmetaka Plaza
PUD, adopted on January 26, 1999 and March 27, 1990, repsectively, are hereby repealed in their
entirety.
SECTION THREE:
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,
~. t v.:~?',
.q~tor,~d,.~,~___ day of ~ ,2002.
., , ,...,' z-, .... BOARD OF COUNTY COMMISSIONERS
.' ,.,. ~, ~ .
'". ' ' ;~ ' < ~ COLLIER CO~, FLOR~A--
· · ' .. BY:
D~-E. BROCK, ~.~R;
Approved as to Form SJgflat0r~ affiX. ~is ordinance filed with the
and Legal Sufficiency
Marj-orie(~. Student
Assistant County Attorney
PUDZ-2002-AR-2098/RB/Io
Secretary of State's Office the
~d~ of C~C~- , ~a,~.,
6nd acknowledgement of that
filin~ received thisc~"'day
~f ~, ,. ~~/., .
LAWMETKA PLAZA
A
PLANNED UNIT DEVELOPMENT
EXHIBIT A
Prepared for:
BENDERSON DEVELOPMENT COMPANY
8441 Cooper Creek Blvd.
University Park, FL 34201
Prepared by:
HOLE MONTES, INC.
950 Encore Way
Naples, Florida 34110
And
YOUNG, VANASSENDERP, VARNADOE, AND ANDERSON, P.A.
801 Laurel Oak Drive, Ste. 300
Naples, Florida 34108
October, 1998
REVISED AUGUST, 2002
HMA File No. 2001.126
Date Reviewed by CCPC:
Date Approved by BCC: 10/0 8/0 2
Ordinance No. 2 0 0 2 - 51
Amendments & Repeals _.. 90-26 and
99-4
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TABLE OF CONTENTS
Page
SECTION I - Statement of Compliance .................................................................................................... 1
SECTION 1~ - Property Ownership, Legal Description Short Title
and Statement of Unified Control ..................................................................................... 2
SECTION III - Statement of Intent and Project Description .................................................................... 3
SECTION IV - General Development Regulations .................................................................................. 4
SECTION V - Permitted Uses and Dimensional Standards for Tracts A and B ...................................... 8
SECTION VI - Permitted Uses and Dimensional Standards for Tract C ............................................... 12
SECTION VII- Environmental Standards ............................................................................................... 15
SECTION VIII- Transportation Requirements ....................................................................................... 17
SECTION IX - Utility and Engineering Requirements ........................................................................... 18
SECTION X - Water Management Requirements .................................................................................. 19
Exhibit A - PUD Master Plan
Exhibit B - Legal Description
EXHIBITS
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SECTION I
Statement of Compliance
The development of approximately thirty-four (34) acres of property in Collier County, as a Planned
Unit Development, to be known as Lawmetka Plaza, will be in compliance with the goals, objectives
and policies of Collier County as set forth in the Growth Management Plan. The commercial uses of
Lawmetka Plaza 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:
o
o
The subject property is located in an area identified as an Activity Center on the Future Land Use
Map of the Collier County Growth Management Plan.
o
Activity Centers are the preferred locations for the concentration of commercial and mixed use
development activities.
o
The subject tract is located on the northwest comer of the intersection of U.S. 41 and Wiggins
Pass Road. This strategic location allows the site superior access for the placement of
commercial activities.
The project shall be in compliance with all applicable County regulations including the Growth
Management Plan.
The project will be served by a complete range of services and utilities as approved by the
County.
Improvements are planned to be in compliance with applicable land development regulations as
set forth in Objective 3 of the Future Land Use Element.
The project 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.
The project development is planned to incorporate natural systems for water management in
accordance with their natural functions and capabilities as may be required by Objective 1.5 of
the Drainage Sub-Element of the Public Facilities Element.
All final Local Development Orders for this project are subject to Division 3-15, Adequate
Public Facilities of the Land Development Code.
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2.1
2.2
2.3
SECTION II
Property Ownership, Legal Description Short Title
and Statement of Unified Control
Property Ownership
The subject property is currently under the ownership of Benderson Development Company.
Legal Description
All that part of the southeast 1/4 of the northeast ¼ of Section 16, Township 48 South, Range 25
East, Collier County, Florida.
General Description of Property
The subject property is located on the northwest comer of Wiggins Pass Road and U.S. 41. The
zoning of the subject property prior to the application ofrezoning is PUD.
Physical Description
The site is generally flat and naturally drains to the east and west. Access to the property will be
via four entrances, two on U.S. 41 and two from Wiggins Pass Road. A Wetland Preserve Area,
comprising 8.5 acres, is located along the western portion of the property. The flood elevation of
the subject property is A.E. 11.
Short Title
2.4
This ordinance shall be known and cited as the "Lawmetka Plaza Planned Unit Development
Ordinance".
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.
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3.1
Introduction
SECTION III
Statement of Intent and Project Description
3.2
3.3
It is the intent of this Ordinance is to establish a Planned Unit Development meeting the
requirements as set forth in the Collier County Land Development Code (LDC) that will permit
approximately thirty-four (34) acres of retail, office, hotel/motel use, including 8.5 acres of
Preservation Area for the subject property. 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.
Project Description
It is the intent of this project to create an integrated commercial development with a compatible
mixture of commercial land uses and open spaces. The developer, who has unified control over
the subject property, intends to commence development of a mixed use activity center Planned
Unit Development (PUD). It is the intent of the developer to develop architecturally unified
commercial establishments based on the concept of arrangement and unified management
control. The unified development approval under the PUD district designation will ensure that
the shopping center is aesthetically pleasing and functionally efficient. It will allow an efficient
pattern of internal circulation to be established and limited points of vehicular ingress and egress.
These functional and aesthetic advantages, which cannot be provided in conventional strip
commercial development configurations, have been maximized and shall be sustained in the
approval of this Planned Unit Development.
Land Use Plan and Project Phasing
Bo
The PUD Master Plan contains a total of three (3) tracts consisting of development areas
A, B, and C and one Tract D consisting of an Upland and Wetland Preserve Area in
addition to street right-of-way. The Master Plan is designed to be flexible with regard to
the placement of buildings, tracts and related utilities and water management facilities.
More detailed plans will be submitted 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 five (5) years fi.om the
time of issuance of the first building permit.
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SECTION IV
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 Lawmetka Plaza Planned Unit Development and Master Plan.
4.1 General
4.2
4.3
The following are general provisions applicable to the PUD Master Plan:
A. Regulations for development of the Lawmetka Plaza PUD shall be in accordance with the
contents of this Document, the PUD-Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development Code (LDC) and
Growth Management Plan in effect at the time of issuance of any development order to
which said regulations relate which authorize the construction of improvements. The
developer, his successor or assignee, shall 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.
Co
All conditions imposed and all graphic material presented depicting restrictions for the
development of the Lawmetka Plaza PUD shall become part of the regulations which
govern the manner in which this site may be developed.
D°
Development permitted by the approval of this petition will be subject to a concun'ency
review under the provisions of Division 3.15 Adequate Public Facilities of the LDC.
Unless specifically waived through any variance or waiver provisions from any other
applicable regulations, the provisions of those regulations not otherwise provided for in
this PUD remain in full force and effect.
Site Clearing and Drainage
Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the
Collier County LDC and the standards and commitments of this Document in effect at the time
of construction plan approval.
Easements for Utilities
Easements, where required, shall be provided for water management areas, utilities and other
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4.4
4.5
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.
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 such amendment may be 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.
4.6
Prior to the issuance of a building permit or other development orders, 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 Off-site Removal of Earthen Mater/al
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, off-site
disposal is also hereby permitted subject to the following conditions:
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4.7
4.8
4.9
4.10
4.11
Excavation activities shall comply with the definition of a "Development Excavation"
pursuant to Section 3.5.5.1.3 of the LDC, whereby off-site removal shall not exceed ten
(10) percent of the total volume excavated up to a maximum of 20,000 cubic yards.
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
Lawmetka Plaza 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.
Polling Places
Any community recreation/public building/public room or similar common facility located
within the Lawmetka Plaza PUD may be used for a polling place, if determined necessary by the
Board of County Commissioners upon recommendation of the Supervisor of Elections in
accordance with Section 3.2.8.3.14 of the LDC.
Native Vegetation
The project will meet the native vegetation requirements of Division 3.9, Vegetation Removal,
Protection and Preservation of the LDC for the subject property.
Open Space
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 Subsection. 2.6.32.3 of the LDC, which requires a
minimum of thirty (30) percent for commercial developments. A majority of the open space area
for the project is provided in the 8.5 acre Preserve Area, Parcel D.
Archaeological Resources
The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological
resources in the event that they are contained on the property.
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4.12 Common Area Maintenance
4.13
4.14
Common Area Maintenance, including the maintenance of common facilities, open spaces, and
water management facilities shall be the responsibility of a homeowners' association to be
established by the developer.
Architectural and Site Design Stand_a_rd.q
All development within the Lawmetka Plaza PUD shall be subject to Division 2.8 of the LDC
and architectural considerations shall be unified for each tract including building design,
landscaping, and signage. However, as an alternative to the requirement of Section 2.8.3.1.4(b)
of the LDC, parking for comer lots that require a specified percentage of the required parking to
be located behind the entire commercial building or project, this requirement shall be waived if
the U.S. 41 and Wiggins Pass street frontages are developed with out parcels along the entirety of
these street frontages or where there are gaps between out parcels, a type "B" buffer shall be
provided along the street frontage to screen proposed parking areas from view. The north wall of
any structure, including walls and building facades on Parcel C, shall at a minimum be stuccoed
and painted, or otherwise be an architecturally finished opaque masonry wall, however, no north
wall shall be painted concrete block as its final finish.
The development of the first tract will set the standards for other development areas, unless
architectural guidelines are established in advance of development of the first tract in the form of
deed restrictions or other measures acceptable to Collier County.
Signs
All signage shall be in conformance with Division 2.5 of the LDC; however, platted interior
tracts are permitted two (2) ground signs at the tract entrance, not to exceed a total of one
hundred and twenty (120) feet at each tract entrance.
4.15 Parking
All development shall be subject to Division 2.3 of the LDC, Off-Street Parking and Loading.
4.16 Landscaping
All landscaping shall be in conformance with Division 2.4 of the LDC.
4.17 Utility Areas
Utility areas, including trash receptacles, shall be completely screened from the view of customers
and adjacent property owners to a height of 6 feet above finished grade.
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5.1
5.2
5.3
SECTION V
Permitted Uses and Dimensional Standards
for Tracts A and B
Purpose
The purpose of this Section is to identify permitted uses and development standards for Tracts A
and B within the Lawmetka Plaza PUD designated for commercial development on the PUD
Master Plan, Exhibit "A".
Development Intensity
A maximum of two hundred and seventy_thousand (270,000) square feet of floor area is
allowed for permitted retail and office uses and all other uses on Lawmetka Plaza PUD
Parcels A, B and C, or subdivisions thereof, with the exception of hotel and motel uses
governed by the following standards.
Hotel/motel uses may be developed at twenty-six (26) dwelling units per acre on Tract A.
In calculating the number of Hotel/Motel units, all or a portion of the Preservation Area
on Parcel D may be utilized, however, the maximum number of hotel/motel units will not
exceed one hundred and thirty (130) units.
General Description
The PUD Master Plan designates the following uses for each tract designated on the PUD Master
Plan.
TRACT ACRES HEIGHT USE
A 16.4 50t Retail, Office, Hotel/Motel
B 2.7 35~ Retail or Office
C 4.9 35~ Retail or Office2
D 8.5 N.A. Preservation Area
ROAD 1.5 N.A. Road
TOTAL 34
Architectural_embellishments are permitted above the height of thirty-five (35) feet to a maximum height
of fifty (50) feet.
Other uses are also permitted on Tract C. (See Section VI of this Ordinance.)
The approximate acreage of commercial tracts is depicted on the PUD Master Plan. Actual acreage
of all development tracts will be provided at the time of Site Development Plan or Preliminary
Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2, respectively,
of the Collier County Land Development Code. All tracts are designed to accommodate internal
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5.4
5.5
5.6
roadways, open spaces, water management facilities, and other similar uses to support non-
residential development of the subject property.
Permitted Principal 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:
Permitted commercial and conditional uses allowed in the C-3, Commercial Intermediate
District, in effect on the date of adoption of this Ordinance, excluding Homeless Shelters and
Soup Kitchens.
Permitted commercial and conditional uses in the C-4, General Commercial District in effect
on the date of adoption of this Ordinance with the exception of the following uses: Bottle
Clubs (all of group 5813, except bottle clubs); Fuel Dealers (groups 5983 - 5989);
Automotive repair services, parking (groups 7514, 7515, 7521); Amusement and recreational
services, outdoor (all groups); Homeless Shelters, Soup Kitchens, Justice, Public Order and
Safety (groups 9222-9224); Communication Towers above height of 100 feet Mean Sea
Level, subject to Section 2.2.6.35 of the LDC, Flea Markets, Recycling Activities except as
may be required by the County, Outside Kennels, Tattoo or Massage Parlors, and
Agricultural Services (groups 0711-0783).
Permitted Accessory Uses and Structures
No building or structure, or part thereof, shall be erected, altered or used, on land, in whole or part,
for other than the following:
Accessory uses and structures customarily associated with the above permitted commercial
principal uses and structures.
Dimensional Requirements
A. Minimum Lot Area
Twenty thousand (20,000) square feet
Minimum Lot Width
One hundred (100) square feet
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9
C. Minimum Yard Requirements
Do
Go
Ho
Jo
From project perimeter boundary lines - thirty-five (35) feet. From internal tract
boundary lines - twenty (20) feet.
Distance between principal structures shall be a minimum of twenty-five (25) feet or
one-half(I/2) the sum of the heights of the two buildings, whichever is greater.
Minimum Floor Area of Principal Structure
1000 square feet per building on the ground floor, except that freestanding specialty
structures of nationally recognized standard size less than 1000 square feet shall be permitted
when site plan approval has been received.
Maximum Height
Fifty (50) feet above finished grade for Tract A and thirty-five (35) feet above finished grade
for Tract B.
Minimum Off-Street Parking and Off-Street Loading Requirements
As required by Division 2.3 of the LDC.
Minimum Landscaping Requirements
As required by Division 2.4 of the LDC.
Merchandise Storage and Display
Unless specifically associated with a certain use, there shall be no outside storage or display
of merchandise.
Hotel/Motel Use
Should hotel/motel uses develop on Tract A, such uses shall be subject to the requirements of
Section 5.2, Development Intensity, of this Ordinance.
Design Guidelines
For all development tracts, the total maximum floor area for a single business establishment,
either free-standing or located within a building with other establishments shall be sixty-five
thousand (65,000) square feet of gross leaseable floor area.
The development shall be designed so that glare from lighting shall not penetrate adjoining
properties. All fixtures shall be designed such that the actual lighting element shall not be
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visible from adjoining properties.
All mechanical equipment shall be enclosed or shielded by a visual and noise absorbing
barrier when placed on the north or west side of the structure to which it is attached including
roof mounted mechanical equipment.
For any use involving the placement of vehicles, including but not limited to parking lots,
internal circulation areas, and loading areas, adjacent to buffers areas, a minimum of four (4)
feet tall opaque vegetative hedge shall be installed to eliminate headlights shining into and
across the buffer area.
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SECTION VI
Permitted Uses and Dimensional Requirements for Tract C
6.1 PURPOSE
6.2
The purpose of this Section is to set forth the permitted uses and land development regulations for
Tract C designated on the PUD Master Plan, along with other permitted uses.
USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in
whole or in part, for other than the following:
A. Principal Uses:
2.
3.
4.
5.
6.
7.
8.
9.
Homes for the Aged
Hospices
Adult/child care centers
Convalescent centers
Nursing Homes
Rest homes
Sanitariums
Adult Congregate Living Facility
Retail or office uses as permitted by Section 5.4 of that Ordinance, excluding free-
standing cocktail lounge
B. Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated with the uses permitted in this
District.
C. Permitted Uses
6.3
No accessway between the northernmost principal building and the north property
line shall permit any deliveries, shipping or stopping between 8 p.m. to 6 a.m., and
the accessway shall be so posted.
DIMENSIONAL REQUIREMENTS
A. Minimum Lot Area
One (1) acre
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B. Minimum Lot Width
Do
Fo
One hundred (100) feet
Minimum Yard Requirements
The following building setbacks shall apply:
From eastern property line - thirty-five (35) feet. From northern property line -
seventy (70) feet (inclusive of 40 foot Florida Department of Transportation
drainage easement). From internal tract boundary lines - twenty (20) feet.
Distance between principal structures shall be a minimum of twenty-five (25) feet
or one-half the sum of the heights of the two buildings, whichever is greater.
Maximum Height
Three stories not to exceed thirty five (35) feet, however, architectural embellishments may
be extended above the thirty-five height limitation to a maximum height of fifty (50) feet.
Minimum Off-Street Parking and Off-Street Loading Requirements
As required by Division 2.3 of the LDC.
Minimum Landscaping and Buffering Requirements
1. For the east, west, and south property lines as required by Division 2.4 of the LDC.
o
For the northern property line, the owner of Parcel C shall maintain a fifteen (15)
foot landscape buffer as measured from the southem edge of the Florida
Department of Transportation drainage easement. An architecturally finished
opaque masonry wall a minimum of six (6) feet in height shall be installed within
the buffer area and shall be located along the southern part of the buffer area.
This buffer shall be installed as a required improvement for the first Site
Development Plan within the PUD. To the greatest extent, practical the existing
native vegetation shall be retained within the buffer area and the Florida
Department of Transportation drainage easement, and where not practical within
the buffer area, trees no more than twenty-five (25) feet on center or a hedge no
more than four (4) feet on center, or a combination thereof shall be planted on the
northern side of the wall. Any new trees shall be a minimum of eight (8) feet in
height with a three (3) foot spread at the time of installation. Any hedge shall
consist of a minimum often (10) gallon plants, five (5) feet in height with a three
(3) foot spread at time of installation. Except to the extent of any conflict with the
foregoing requirement, all of the Landscaping and Buffering requirements of
Division 2.4 of the LDC shall also apply to Parcel C, in the event of a conflict
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between the Landscaping and Buffering requirements of this Section and those of
the LDC, the more restrictive shall apply.
Design Guidelines
In accordance with the requirements of Section 5.6J of this Ordinance.
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SECTION VII
EnvirOnmental Standards
The purpose of this Section is to set forth the Environmental Standards of the project developer.
7.1
7.2
7.3
An 8.4 acre upland and wetland Preserve Area is located along the western portion of the subject
property and is permitted to be used for open space and passive recreational use only. All
preservation areas shall be designated as conservation/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. Buffers shall be provided in accordance with Subsection
3.2.8.4.7.3 of the LDC.
A Gopher Tortoise relocation plan shall be submitted to Current Planning Environmental Staff
for review and approval prior to final site plan/construction plan approval. Any standards
approved by the Environmental Staff shall be added to the site development plan or construction
plans. Off-site relocation may be required if the applicant cannot provide adequate habitat for
on-site relocation.
The petitioner shall be subject to the Collier County Growth Management Plan, Policy 12.1.3
contained in the Conservation and Coastal Management Element (discovery of a archaeological
or historical site, artifact or other indicator of preservation).
7.4
7.5
7.6
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
Environmental Review Staff. Removal of exotic vegetation shall not be counted towards
mitigation for impacts to Collier County jurisdictional wetlands. Buffers shall be provided
around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves
in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where
natural buffers are not possible, structural buffers shall be provided in accordance with the State
of Florida Environmental Resources Permit Rules and be subject to review and approval by
Current Planning Environmental Staff.
Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.4 of the
Collier County LDC. The Preserve Areas shall be generally provided for as depicted on the PUD
Master Plan, Exhibit A.
An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with
emphasis on the preservation area, shall be submitted to the Current Planning Environmental
Review 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-
referenced plan.
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7.7
The petitioner shall comply with the guidelines and recommendations of the U.S. Fish &
Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Conservation Commission
(FGFWFCC) 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 Environmental Staff for review and approval prior to Final Site
Plan/Construction Approval.
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SECTION VIII
Transportation Requirements
The purpose of this Section is to set forth the transportation standards of the project developer.
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
Subject to Florida Department of Transportation approval, the developer shall provide left and
fight turn lanes on Tamiami Trail at both project entrances at the time of a certificate of
occupancy for the first structure with access to US 41. Should any of the required mm lanes be
constructed due to other development activity in the area prior to completion of this project, the
developer shall provide a fair share reimbursement of the cost of such construction prior to final
site plan approval. The Florida Department 'of Transportation and Collier County Transportation
Department each reserve the right to control median openings, both existing and future, and to
limit access points to right tums in and right tums out.
The developer shall provide left and right mm lanes on Wiggins Pass Road at the project's two
entrances at the time of the certificate of occupancy for the first structure requiring access from
Wiggins Pass Road.
All road access points requiring turn lanes and use of existing right-of-way shall provide for
compensating fight-of-way dedication at the time of subdivision plat or site plan approval.
Existing drainage easements, future drainage easements, and planned preserve areas shall remain
available to Collier County and Florida Department of Transportation for future roadway water
management purposes subject to appropriate capacity controls and operating controls. The
responsibility for maintenance of such areas shall remain with the developer/owner and/or its
assignees.
The northem access on Tamiami Trail shall be in alignment with Old U.S. 41 (CR 887). The
developer shall be responsible for any and all costs incurred in modifying the traffic signal
installation at Old U.S. 41 so as to accommodate the project.
The road impact fees shall be in accordance with the fee structure set forth in Ordinance 2001-13
or as may be amended and shall be paid at the time building permits are issued unless otherwise
approved by the Board of County Commissioners.
All required access improvements shall be in place before any certificates of occupancy are
issued and shall not be subject to impact fee credits.
All traffic control devices used shall conform to requirements of the Manual on Uniform Traffic
Control Devices as required by Chapter 316.0747, Florida Statutes.
Internal roadways shall be public or private at the option of the developer.
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SECTION IX
Utility and Engineering Requirements
The purpose of this Section is to set forth the utilities and engineering commitments of the project developer
9.1 Utilities
9.2
ho
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. 97-17, as amended, and other
applicable County rules and regulations:'
Bo
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.
Do
The utility construction documents for the project's sewerage system shall contain the design
and construction of an onsite 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 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.
Engineering
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 approved by the
Development Services Department.
B. Design and construction of all improvements shall be in compliance with the appropriate
provisions of the Collier County LDC.
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SECTION X
Water Management Requirements
The purpose of this Section is to set forth the water management commitments of the project developer.
10.1
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 as long as the
side, rear or abutting property lines are fenced.
10.2 Landscaping may be placed within the water management area in compliance with the criteria
established within Section 2.4.7.3 of the LDC.
10.3
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.
10.4
One half (1/2) inch of dry pretreatment shall precede the discharge of any stormwater into the
preservation area or whatever alternate conditions may be incorporated into the South Florida
Water Management District permitting requirements.
10.5
The stormwater system shall be reviewed and approved by Collier County Public Works
Engineering Department (PWED) in order to verify its consistency with the Wiggins Pass Outfall
Project now being designed by PWED.
W:~2001 x2001126\RIDXPUD-ORIGINAL 08-2002.doc
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I
EXttmIT I)
LEGAL DESCRIPTION
All that part of the southeast ¼ of the northeast ¼ of Section 16, Townsh/p 4g South,
Range 25 East, Collier County, Florida,...
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 copy of:
ORDINANCE NO. 2002-51
Which was adopted by the Board of County Commissioners on
the 8th day of October, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this llth day
of October, 2002.
DWIGHT E BROCK
Clerk of Courts and
Ex-officio to Board
County Commissioners
By: Ellie Hof fman,
Deputy Clerk