Ordinance 2004-75
ORDINANCE ÑO, 04- 7!:)
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE AS
,
AMENDED, 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
CLASSIFICA TION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM "A" RURAL AGRICULTURAL ZONING DISTRICT TO "PUD"
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT TO BE KNOWN AS THE HIW ASSE CPUD CONSISTING OF
A MAXIMUM OF 91,000 SQUARE FEET OF PROFESSIONAL OFFICE
AREA IN A BUILDING CONTAINING A MAXIMUM OF 200,000
SQUARE FEET OF INDOOR-SELF STORAGE AREA WITH A
MAXIMUM ZONING HEIGHT OF THREE (3) STORIES OR THIRTY-
FIVE (35) FEET LOCATED ON THE WEST SIDE OF LIVINGSTON
ROAD APPROXIMATELY ONE-QUARTER MILE SOUTH OF PINE
RIDGE ROAD, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 12.5± ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert L. Duane, AICP, of Hole Montes and Associates, representing
Hiwasse, Inc., through PUDZ-03-AR-3561, petitioned the Board of County Commissioners to
change the zoning classification of the herein described real property.
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NOW, THEREFORE BE IT ORDAINED by the Board of County Commissi~ers o¿
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Collier County, Florida, that:
SECTION ONE:
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The zoning classification of the herein described real property located in Sec~~·; 13~_::;
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Township 49 South, Range 25East, Collier County, Florida, is changed from "A" Rural
Agricultural zoning district to "PUD" Commercial Planned Unit Development (CPUD) in
accordance with the "Hiwasse" CPUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The appropriate zoning atlas map or maps, as described in
Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is 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] 6th day of November, 2004.
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ATTEST:........, I," "
DWiGHT-E. .B&Ö'cK¡:.CLERK
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Legal Sufficiency
BOARD OF COUNTY COMMISSIONERS
COLLIER CO,~TY' FLORIDA
I J -
BY: ~,~ ~....~
DONNA FIALA, CHAIRMAN
Page I of I
Th1s ard'tnant. Ynec1 with \tftø
~ of State's Office thj-
4i!..E. day of µW~ ØbO
and acMow~.pf 1'I'tdt
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of 8y~ ~L.
Patrick G. W lite
Assistant County Attorney
PUDZ-20OJ-AR-3561/RB/sp
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HIW ASSE
A
PL-\\'NED UNIT DEVELOPMENT
PREPARED BY:
ROBERT L. DUANE, A,I.C.P,
HOLE MONTES, INC.
950 ENCORE W.,\ \' AND
NAPLES, FLORIDA 34110
RICHARD YOV ANOVICH, ESQ.
GOODMAN, COLEMAN & JOHNSON
4001 TAMIAMI TRAIL N., STE. 300
NAPLES, FLORIDA 34103
HM PROJECT 2001076
NOVEMBER, 2002
Date Reviewed by CCPC:
Date Approved by BCC: Novpmhpr 1 ç,. 2004
Ordinance No. 2004-75
Amendments & Repeals
EXHIBIT "A"
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TABLE OF CONTENTS
Page
SECTIO:\T I Statement of Compliance ..................,...................................................,....,....... 3
SECTION II Property Ownership, Legal Description, Short Title and
Statement of Unified Control. ..,., ,............... ..... ............. ....,......... ,....., '....... ,.,..... 4
SECTION III Statement ofIntent and Project Description......... ............ .. .... ...,........ ... 5
SECTION IV General Development Regulations...,.,.,..,..,.".,.... . .....".,...,.. '" ...........6
SECTION V Permitted Uses and Dimensional Standards for Commercial Development.., .13
SECTI00í VI Development Commitments.. ..... ,.....,."... ,...".....,...,.,.,... '........ .,., ....15
EXHIBITS
Exhibit A - PUD Master Plan
Exhibit B - Legal Description
Exhibit C - Landscape Detail and View Elevation
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SECTION I
STATE:\IENT OF COMPLIANCE
The development of + 12.52 acres of property in Section 13, Township 49 South. Range 25 East
Collier County, Florida, as a Planned Unit Development to be known as the Hiwasse PLD. will
be in compliance with the goals, objectives, and policies of Collier County as set forth in the
Gro\vth Management Plan. The commercial uses of the project will be consistent with the
grow1h policies, land development regulations and applicable comprehensive planning objectives
of each Jf the elements of the GroVv1h :vfanagement Plan for the following reasons:
1.1 The property is located in the Livingston Road/Eatonwood Lane Commercial Infill
SubDistrict as depicted on the Collier County Future Land Use Map. This SubDistrict
allows professional and medical offices and indoor-self storage facilities to serve
surrounding residential areas that are proposed uses in this PUD.
1,2 The maximum allowed development intensities in the Livingston Road/Eatonwood Lane
Commercial Infill Subdistrict include 91,000 square feet of professional or medical office
use in buildings containing a maximum height of thirty-five (35) feet, or 200,000 square
feet of indoor self-storage area in buildings containing a maximum of three stories and a
maximum height of fifty (50) feet. Should a mix of office, medical and indoor self-
storage facilities develop on the property, for each two square feet of indoor self-storage
area, one square foot of office area shall be reduced from the maximum allowable office
or medical use area permitted. Access to the property within the Sub-district shall be
from one of two access points depicted on the PUD Master Plan on Livingston Road that
can be found consistent with Col1ier County Access Management standards. No access is
permitted from Eatonwood Lane.
The proposed development intensities for the Hiwasse PUD include a maximum of
91,000 square feet of professional or medical office area in buildings containing a
maximum height of thirty- five (35) feet, or a maximum of 200,000 square feet of indoor-
self-storage area with a maximum height of three (3) stories of thirty-five (35) feet.
Therefore, consistency with the Future Land Use Element ("FLUE") can be established
with the proposed development intensities for the Hiwasse PUD,
1.3 The subject property's location in relation to the existing or proposed community
facilities and services supports the development's commercial uses as required in
Objective 2 of the FLUE.
lA The proposed development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the FLUE,
1.5 Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
1.6 The proposed development will result in an efficient and economical extension of
community facilities and services as required in Policy 3.1. G of the FLUE,
1. 7 All final development orders for this project are subject tò the Collier County
Concurrency Management System, as implemented by the Adequate Public Facilities
Ordinance in Division 3.15 of the Land Development Code and further required by policy
2.3 of the FLUE.
] .8 This rCD shall not become dfective until petition CPSP 2003 - 12 is adopted by the
Collier County BOJ.rd of Commissioners
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SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND
STATEMENT OF UNIFIED CONTROL
2,1 PROPERTY OWNERSHIP
The property is owned by Hiwasse Inc.
2.2 LEGAL DESCRIPTION
The legal description is provided for in Exhibit "B".
2,3 GENERAL DESCRIPTION OF PROPERTY
The property is located on the west side of Livingston Road approximately one-quarter
(~) ofa mile south of Pine Ridge Road.
PHYSICAL DESCRIPTION
The subject property is vacant at the time of the application for rezoning. The soil
classification for the subject property is Holopaw Fine Sand, Limestone Substratum. The
property is located in Flood Zone X. The zoning classification prior to the date of
approval of this PUD was Agricultural (A),
2,4 SHORT TITLE
This Ordinance shall be known and cited as the "Hiwasse Planned Unit Development
Ordinance".
2,5 STA TEMENT 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.
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SECTION III
ST A TEMENT OF INTENT AND PROJECT DESCRIPTION
3,} 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 PROJECT DESCRIPTION
The project contains 12.5 acres and includes 7,55 acres in a Florida Power and Light
easement area. The proposed uses are a mix of professional office and medical uses and
indoor-self storage facilities.
Access will be provided from Livingston Road. The Florida Power and Light ("FPL")
Easement Area that creates a separation from residential uses to the west will remain in
open space,
3.3 LAND USE PLAN AND PROJECT PHASING
A. The PUD Master Plan provides for areas of commercial use, water management
areas, open spaces and road rights-of-way as depicted on the PUD Master Plan
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.
B. The anticipated time of build-out of the project is approximately four (4) years
from the time of issuance of the first building permit, or 2006. However, actual
build-out \vill depend on market conditions,
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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 Hiwasse Planned Unit Development and Master Plan.
4,1 GENERAL
The following are general provisions applicable to the PUD Master Plan:
A. Regulations for development of the Hiwasse 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 LDC and the Collier County Growth
Management Plan in effect at the time of issuance 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.
B. Unless otherwise noted. the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building permit
application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Hiwasse PUD shall become part of the regulations that
govern the manner in which this site may be developed.
D. Development permitted by the approval of this petition wiII 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.
E. Unless specifically waived through any variance or waiver provisions of any other
applicable regulations. the provisions of those regulations not otherwise provided
for within this PUD remain in full force and effect. In the event there is a conflict
between the regulations established in the PUD or any other regulations. the
regulations within the PUD shall prevail.
4,2 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.
4,3 EASEMENTS FOR UTILITIES
Easements. where required. shall be provided for water management areas, utilities and
uther purposes as may be required by Collier County. All necessary easements.
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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 the applicable
regulations in effect at the time construction plans and plat approvals are requested.
Easements dedicated to Collier County shall be counted toward the County's open space
and the retention of native veg~tation requirements.
4.4 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.
4.5 PROJECT 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.
4,6 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:
A. 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.
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B. A timetable to facilitate said removal shall be submitted to the Development
Services Director 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.
4.7 SUNSET AND MONITORING PROVISIONS
The Hiwasse 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 provided in accordance with Section 3.2,8.3.14 of the Collier
County Land Development Code,
4,9 NA TIVE VEGETATION
The project shall meet the requirements of Division 3,9, Vegetation Removal, Protection
and Preservation of the LDC for the subject property.
4.10 OPEN SPACE
The total aggregate of such open space areas shall meet or exceed the open space
requirements of Section 2,6.32 of the LDC and are met within the FPL easement area,
4,11 ARCHAEOLOGICAL RESOURCES
The developer shall be subj ect to Section 2,2.25,8,1 of the LDC pertammg 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 of a homeowners'
association to be established by the developer.
4.13 OFF STREET PARKING AND LOADING
All off street parking and loading facilities shall be in accordance with Division 2.3 of the
Collier County Land Development Code,
4,14 LANDSCAPING
All landscaping shall be in accordance with the requirements of Division 2.4 of the
Collier County Land Development Code. However, an enhanced Type "B" buffer will be
provided along the eastern edge of the FPL Easement Area subject to their approval. A
cross section of the enhanced buffer area is provided on Exhibit C: Landscape View and
Detail. At the time of SDP approvaL a letter shall be provided from FLP, stating that the
enhanced "B" Buffer area meets with their approval..
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4,15 GENERAL PERMITTED USES
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Certain uses shall be considered general permitted uses throughout the Hiwasse PUD,
General permitted uses are those uses which generally serve the Developer and occupants
of the Hiwasse PUD and are typically part of the common infrastructure or are considered
community facilities
A, General Permitted Uses:
1. Essential services as set forth under LDC, Section 2.6.9.1.
2. Water management facilities and related structures,
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3,
Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
4. Temporary construction, sales, and administrative offices for the
Developer and Developer's authorized contractors and consultants,
including the necessary access ways, parking areas and related uses to
serve such offices.
5. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 4.14 of this
PUD,
6. Any other use which is comparable in nature with the foregoing list of
permitted accessory and principal uses, as determined by the Board of
Zoning Appeals ("BZA").
B. Development Standards:
Unless otherwise set forth in this Document, the following development standards
shall apply to structures:
1. Setback from back of curb or edge of pavement of any road - Ten feet
(10').
2. Setback from PUD boundary - Fifteen feet (15'), however, berms for
water management facilities may be constructed within five (5) feet of a
property line provided all other applicable requirements of this Ordinance
and the LDC are met.
3. Minimum distance between unrelated structures - Ten feet (10').
4. Maximum height of structures - Twenty-Five feet (25').
5, Minimum lot or parcel area - 10,000 square feet.
6. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within the Hiwasse PUD design
guidelines ~1!1d standards are to be in accordance with LDC in effect at the
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time of site development plan approval.
4.16 SIGNAGE
A. General:
1. All Collier County sign regulations, pursuant to LDC, Division 2.5, Signs,
in force at the time of sign penn it application shall apply unless such
regulations are in conflict with the conditions set forth in this Section, in
which case the PUD Document shall govern.
2. Signs shall be pennitted in private rights-of-way.
3. All signs shall be located so as not to cause sight line obstructions.
4. All internal project rights-of-way, drive aisles, or access easements may be
utilized for decorative landscaped entrance features and signage subject to
review and approval from the Planning Services Department for
consistency with the requirements set for herein.
B. Traffic Signs:
1, Traffic signs such as street signs and speed limit signs may be designed to
reflect a common architectural theme, The placement and size of the signs
shall be in accordance with DOT criteria.
C. Wall Mounted Signs
1. Wall mounted signs shall be individual letters mounted separately or on a
continuously wire raceway in a color to blend with the background. Box
type signs are not pennitted.
2. Building signs shall be placed within a horizontal signage band around the
building perimeter that does not exceed Collier County requirements.
D. Colors
1. Hannonious color schemes for signs are required but corporate identity
variations are acceptable. Signs with multi-color letters are not pennitted.
4.17 ARCHITECTURAL AND SITE DESIGN STANDARDS
A. Applicability
1. The "Architectural Standards for Livingston RoadÆatonwood Lane
Commercial Infill Subdistrict" have been created by the developer to
promote a visually hannonious framework for all developments within the
PUD boundaries, It establishes minimum design standards to enhance
compatibility with adjacent properties and to assist architects in designing
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appropriate property improvements. These standards replace related
portions of the Collier County Architectural Guidelines (LDC Division
2,8) as noted. All other portions of the Collier County Land Development
Code (LDC) and all other codes with jurisdiction shall remain in full force
to the extent they are not inconsistent with the provision of this PUD.
B. Intent
1. The intent of this standard is to establish architectural requirements that
promote a common architectural theme for the professional/medical
offices and indoor self-storage buildings on the site and to harmonize with
adjoining property uses.
C. Building Design Requirements
All Collier County Land Development Code Division 2.8 requirements shall apply to
outside storage areas except as noted below:
1, Modify LDC 2,8.3,5,11 - Entryways/Customer Entrance Treatments as
follows for indoor self-storage buildings over 20,000 square feet.
a, Purpose and intent. Entryway design elements and variations are
intended to give protection from the sun and adverse weather
conditions, These elements are to be integrated into a
comprehensive design style for the project.
b. Entryways / customer entrance standards. These standards identify
appropriate entry features,
c, Single use buildings. Single use buildings shall have clearly
defined, highly visible customer entrances which shall include the
following:
(1) decorative landscape planters or wing walls which
incorporate landscaped areas; and
(2) structural or vegetative shading,
(3) front entry shall be set back from the drive a minimum
distance of 15 feet.
2. Modify LDC 2.8.4.4.10 - Entryways/Customer Entrance Treatments as'
follows for indoor self-storage buildings over 10,000 square feet to 20,000
square feet.
a. Purpose and intent. Entryway design elements and variations are
intended to give protection from the sun and adverse weather
conditions. These elements are to be integrated into a
comprehensive design style for the project.
b. Entryways / customer entrance standards. These standards identify
appropriate entry features.
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c. Single use buildings. Single use buildings shall have clearly
defined, highly visible customer entrances which shall include the
following:
(1) qecorative landscape planters or wing walls which
incorporate landscaped areas; and
(2) structural or vegetative shading.
(3) front entry shall be set back from the drive a minimum
distance of 15 feet.
In addition to Collier County Land Development Code Division 2.8 requirements, the
following is required:
1. Overall building dimension shall not exceed 150 feet in either direction.
2. The architectural style for the subdistrict shall be consistent throughout
and shall be established by the initial building design and shall blend with
surrounding developments.
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SECTION V
PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL
DEVELOPMENT
5,1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Hiwasse PCD designated for commercial development on ~he PL"D
Master Plan, Exhibit "A".
5.2 MAXIMUM DEVELOPMENT INTENSITY
A maximum of 91,000 square feet of gross leasable floor area of professional and
medical office use area is permitted or a maximum of 200,000 square feet of indoor-self
storage area. Should a mix of office and indoor-self storage facilities develop on the
property, for each two (2) square feet of indoor-self storage area. one (1) square foot of
office area shall be reduced from the maximum allowable office area.
5.3 GENERAL DESCRIPTION
The PUD Master Plan designates the following uses for the general use designations on
said Master Plan.
AREA ± ACRES ± PERCENTAGE
1, FPL Easement 7.55 60.3 %
2. Development Area 4,97 39.7%
TOTAL 12.52 100%
The approximate acreage of the commercial area 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. Commercial
areas are designed to accommodate internal roadways. open spaces, signs. water
management facilities, and similar uses typically found in non-residential areas,
5,4 PERMITTED USES AND STRUCTURES
No building or structure. or pan thereof. shall be erected, altered L)[ used, or land used. in
whole or part, for other than the following:
A. Permitted Uses:
1, Accounting, auditing and bookkeeping services (group 8721 ).
2. Business services (groups 7311. 7313. 7371. 737"2. 7374-7376. 73ï9).
3. Depository institutions (groups 6011 - 6099).
4. Offices for ~ngineering, architectural. and surveYlllg serVIces (groups
0781. 8711-8713).
5, Health services (groups 8011-8049).
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6. Insurance carriers, agents and brokers (groups 6311-6399, 6411).
7. Indoor-self storage facilities (group 4225),
8. Legal services (group 8111).
9. Management and public relations services (groups 8741-8743, 8748),
10, Miscellaneous' personal services (groups 7291; 7299, debt counseling
only).
11, Real estate (groups 6531-6541).
12. Security and commodity brokers, dealer, exchanges and services (groups
6211-6289),
13. Transportation services (group 4724, travel agencies only).
14. Veterinarian's office (group 0742), excluding outdoor kenneling.
15. Any other use which is comparable in nature with the foregoing list of
permitted principle uses as determined by the Zoning Board of Appeals,
B. Accessory Uses and Structures
1, Accessory uses and structures customarily associated with commercial
uses listed above.
5,5 DEVELOPMENT STANDARDS
A. Minimum lot area - 20,000 square feet
B. Minimum lot width - 100 feet
C. Minimum yard requirements:
1, Front yard - 25 feet
2. Side yard - IS feet or 0 feet adjacent to FPL Easement Area provided all
other requirements of the LDC are met.
3. Rear yard - IS feet or 0 feet adjacent to FPL Easement Area provided all
other requirements of the LDC are met.
D. Maximum height - Thirty-five (35) feet
E. Minimum floor area of principal structure - 1000 square feet gross floor area for
each building on the ground floor,
F, Lighting - Lighting facilities shall be arranged in a manner that protects roadways
and neighboring properties from direct glare or other interference, Lighting shall
be limited to a maximtun height of twelve (12) feet in height along the western
edge of the development envelope area adjacent to the FPL Easement Area.
G. Distance between structures - If there is a separation between any two principal
structures on the same parcel, said separation shall be a minimum of fifteen (15)
feet or a distance equal to one-half (!12) the sum of their heights, whichever is
greater. However, indoor-self storage buildings shall have a minimum separation
requirement of fifty (50) feet between individual self-storage buildings.
H, Merchandise storage and display - Outside storage or display of merchandise is
prohibited.
I. Use of FPL Easement Area - Open space and landscape buffering shall be the
only allo\ved uses permitted in the FPL Easement Area.
14
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1. The hours of operation of the self-storage buildings shall be limited to the hours
of 7:00AM to 9:00PM.
K. Depository Institutions are limited to the northern portion of the PUD only, anà
may only be developed at such time as a traffic signal has been installed at the
intersection ofLaCost~-Road and Livingston Road.
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15
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SECTION VI
DEVELOPMENT COMMITMENTS
6,1 ENVIRONMENTAL STANDARDS
The purpose of this Section is to set forth the environmental commitments of the project
developer.
A. Environmental penmttmg 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.
B. Native vegetation preservation shall conform to the requirements of Subsection
3.9.5,5.3 of the Collier County LDC,
C, 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 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.
D. The petitioner shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USFWS) and Florida Fish and 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.
E. The applicant shall be subject to all environmental ordinances in effect at the time
of development order approvals to which said regulations relate.
6,2 TRANSPORTATION REQUIREMENTS
The purpose of this Section is to set forth the transportation commitments of the project
development.
A. The developer shall provide arterial level street lighting at the project entrance,
Such lighting shall be in place prior to the issuance of any certificate of
occupancy.
B. The road impact fee shall be as set forth in the Collier County Consolidated
Impact Fee Ordinance No. 2001-13 as amended and adopted in January 2003 and
shall be paid at the time building permits are issued or as provided for by the
Adequate Public Facilities Ordinance.
C. Internal access improvements shall not be subject to impact fee credits and shall
be in place before any certificates of occupancy are issued.
D. All traffic control devices used shall conform to the Manual on Uniform Traffic
Control Devices as required by Chapter 316,0745, Florida Statutes.
16
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E. Shared access is permitted north of the subject property as depicted on the PUD
Master Plan, subject to an access agreement with the property owner to the north.
If an access agreement for shared access cannot be reached, then only a right-in-
right-out access is permitted from Livingston Road at an access point depicted on
the PUD Master Plan'south of the shared access area.
F. The developer shall provide a turn lane at the project entrance onto Livingston
Road, at either permitted access, 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,
6.3 UTILITY REQUIREMENTS
The purpose of this Section is to set forth the utilities and engineering commitments of
the project developer,
A. 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,
B. 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.
6.4 ENGINEERING REQUIREMENTS
A. 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.
B. 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,
C. 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 dev~lopment plan and any
other applications that will result in the issuance of a final development order,
6.5 WATER MANAGEMENT REQUIREMENTS
The purpose of this Section is to set forth the water management commitments of the
project developer,
G:\BelllmsIAR-356I. Hiwasse\PUD Document ~-R-O-+,doc
17
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A. 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.
B. Landscaping may be placed within the water management area in accordance with
the criteria established within Section 2.4.7.3 of the LDC.
C. The wet season water table elevation shall be established at the time of South
Florida Water Management District (SFWMD) permitting, which is required for
the subject property,
18
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RE-S1JBMITT ÁL-- '
PUDZ-2003-AR-3561
PROJECT #2002090002
DATE: 4/8/04
RAY BELLOWS
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EXHIBIT "B"
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED
AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; TIIENCE RUN S,00015'37''E., ALONG THE EAST LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO
THE SOUTHEAST CORNER OF THE NORTIIEAST QUARTER OF THE NORTHEAST QUARTER
OF SAID SECTION 13; THENCE RUN N.89°23'53"W. ALONG THE SOUTH LINE OF THE
NORTHEAST QUARTER OF THE NORTHW AST QUARTER OF SAID SECTION 13, FOR A
DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT
RIGHT ANGLES TO, THE EAST LINE OF TIIE NORTHW AST QUARTER OF SAID SECTION 13
AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
RUN S,00015'37''E., PARALLEL WITH THE EAST LINE OF THE NORTIIEAST QUARTER OF
SAID SECTION 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE SOUTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.00009'47"E., PARALLEL
WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A
DISTANCE OF 73.69 FEET TO THE MOST NORTHEASTERLY CORNER OF EATONWOOD
LANE, A 130,33 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF
KENSIGNTON PARK PHASE THREE-B ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 28 AT PAGES 5 AND 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE RUN S,89°50'13"W., ALONG THE BOUNDARY OF SAID KENSIGNTON
PARK PHASE THREE-B, FOR A DISTANCE OF 390.00 FEET; THENCE RUN N,00009'4TW.,
ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE-B, FOR A DISTANCE
OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 13; THENCE RUN N. 00)15'37"W., ALONG THE BOUNDARY OF SAID KENSIGNTON
PARK PHASE THREE-B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTERLY
CORNER OF SAID KENSIGNTON PARK PHASE THREE-B; THENCE CONTINUE N.00015'37"E.,
ALONG THE BOUNDARY OF KENSIGNTON PARK PHASE 3A ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 176.24 FEET TO A POINT ON THE SOUTH
LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13;
THENCE RUN S.89°23'53"E" ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF
THE NORTHEASTER QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 390.05 FEET TO
THE POINT OF BEGINNING; CONTAINING 12.515 ACRES, MORE OR LESS,
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRUCTION OF
RECORD.
BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 49 SOUTH, RNAAGE 25 EAST, LEE COUNTY, FLORIDA AS BEING S.00015'39"E,
HOLE MONTES. INe.
CERTIFICATION OF AUTHORIZATION LB #1772
W:\1001\2001 07G\MJR\EXHIBIT B LEGAL DESCRIPTION. doc
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Cross-section Study
HIWASSE INCORPORATED
NAPLES.FLOR'DA EXH {B iT jl C it
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004-75
Which was adopted by the Board of County Commissioners
on the 16th day of November 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 17th
day of November, 2004.
DWIGHT E, BROCK~::;:D.. ~/,
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Clerk of Courts ,arià ël'e~k'
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Ex-officio to ß'oard"o:t ....."7 ~ ..
County Commiss'i'onérs' '<'} .'. '<,.;
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By: Heidi R, RbC~f.1G¡'¿·::f;)" "
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Deputy Clerk J / :J~I· ,__-
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