Ordinance 2005-58
ORDINANCE NO. 05 - 58
~.. .-
AN ORDINANCE OF THE BOARD OF coumy
COMMISSIONERS AMENDING ORDINANCE NUMB-RR :,'
;0
04-41 THE COLLIER COUNTY LAND DEVELOPMENT CODE
,-.....,
WHICH INCLUDES THE COMPREHENSIVE ZONlNG
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING ti!~
APPROPRIATE ZONING ATLAS MAP OR MAPS; ::BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE (A)
AGRICULTURAL ZONING DISTRICT TO THE MIXED USE
PLANNED UNIT DEVELOPMENT (MPUD) ZONING
DISTRICT FOR THE MERCA TO MPUD. THE PROPOSED
USE IS FOR A MIXED-USE DEVELOPMENT WITH RETAIL,
OFFICE, RESTAURANT, HOTEL AND MULTIPLE FAMILY
USES LOCA TED A T THE NORTHEAST CORNER OF
V ANDERBIL T BEACH ROAD (CR-862) AND T AMIAMI
I
TRAIL NORTH (US-41), IN SECTION 34, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 53± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
--
')
WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and George
Varnadoe, of Cheffy, Passidomo, Wilson & Johnson, representing The Lutgert Companies,
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 48 South, Range 25 East, Collier County, Florida, is changed from the (A) Agricultural
Zoning District to the MPUD Zoning District for the Mercato MPUD. The proposed use is for a
mixed-use development with retail, office, restaurant, hotel and multiple-family uses in accordance
with the Mercato MPUD Document, attached hereto as Exhibit "A" and incorporated by reference
herein. The appropriate zoning atlas map or maps; as described in Ordinance Number 04-41, 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.
Page 1 of 2
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
/.¡h '\ /
County, Florida, this )~I)' day of J I 0 I ¿t11.!J,72005.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W, ~
FRED W. COYLE, CHAIR AN
. fî\c..;t¡V-'- )J) .f)aùú 'e; -& """"q ,'j
Marjorie \ . Student-Sterling ,
. I
AssIstant County Attorney
PUDZ-2004-AR-6422, Mercato PUD/RB/sp
This ordinance filed with the
'15-~S;l)ltory ot ~t.'!t~J;^QfiiE_r:. t~. _"-
o~dayo~
o,n~ ockno.wledgeme~!:- Jlt. that
fllmg receive this ~ day
of N' r- Ø.O05
By ,c.. .
Mercato
A
MIXED USE
PLANNED UNIT DEVELOPMENT
53± Acres Located in Section 34,
Township 48 South, Range 25 East,
Collier County, Florida
PREP ARED FOR:
Collier Lutgert Commercial Properties, LLP
4200 Gulfshore Blvd North
Naples, Florida 34103
PREPARED BY:
Q. Grady Minor & Associates
3800 Via Del Rey
Bonita Springs, Florida 34134
And
George L. Vamadoe, Esquire
Cheffey Passidomo, Wilson and Johnson
821 5th Avenue South
Naples, FL 34102
EXHillIT "A"
MERCATO PUD (BCe 11-15·05 Rev clean),DOC
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE III
SHORT TITLE IV
SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1
GENERAL DESCRIPTION
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III MIXED USE 3-1
SECTION IV RESIDENTIAL 4-1
SECTION V PRESERVE 5-1
SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1
MEReATO PUD (Bee 11-15-05 Rev clean) DOe
EXHIBIT "A"
EXHillIT "B"
EXHillIT "C"
EXHIBIT "D"
EXHillIT "E"
LIST OF EXHIBITS
MPUD CONCEPTUAL MASTER PLAN
CONCEPTUAL DRAINAGE PLAN
LEGAL DESCRIPTION
DESIGN GUIDELINES
CROSS SECTIONS
MEReA TO PUD (Bee 11-15-05 Rev clean),DOC
11
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of the property owners, The Mercato, LLP and
The Residences at the Mercato Inc., and the applicant, Collier Lutgert Commercial Properties,
LLP, hereinafter referred to as the developer, to create a Mixed Use Planned Unit Development
(MPUD) on 53± acres of land located in Section 34, Township 48 South, Range 25 East, Collier
County, Florida. The name of this Mixed Use Planned Unit Development (MPUD) shall be
Mercato MPUD. The development of the Mercato MPUD will be in compliance with the planning
goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The
development will be consistent with the growth policies and land development regulations adopted
pursuant to of the GMP, Future Land Use Element (FLUE) and other applicable regulations for the
following reasons:
1. Twenty-seven and seven tenths (27.7) acres of the subject property is located in the Urban
Commercial District, Mixed Use Activity Center Subdistrict (Mixed Use Activity Center
#5) as identified on the Future Land Use Map. The balance of the property is located in the
Urban Mixed Use District, Urban Residential Subdistrict of the GMP, Greater than 51 % of
the northeast quadrant of the Activity Center is commonly owned and qualifies to utilize the
Master Planned Activity Center provisions of the FLUE. The Mercato MPUD is consistent
with the Master Planned Mixed Use Activity Center criteria of the FLUE, and the
Conceptual Master Plan and PUD Document demonstrate compliance with the criteria.
Maximum residential density permitted in a mixed-use activity center is 16 duJacre. The
proposed 3.3 duJacre is consistent with permitted density in the Mixed Use Activity Center
Subdistrict.
2. Improvements are planned to be in compliance with the applicable land development
regulations as set forth in Objective 3 ofthe FLUE.
3. The development of the Mercato MPUD will result in an efficient and economical
extension of community facilities and services as required in Policy 3.1 ofthe FLUE.
4. The Mercato MPUD is a master planned mixed-use community and is planned to encourage
ingenuity, innovation and imagination as set forth in the Land Development Code (LDC),
Planned Unit Development District.
5. The Mercato MPUD is planned to incorporate natural systems for water management in
accordance with their natural functions and capabilities as may be required by Obj ective 1.5
of the Drainage Sub-Element of the Public Facilities Element of the GMP.
6. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance, Chapter 6 and Chapter 10 of the LDC.
7. The Mercato MPUD provides for vehicular and pedestrian interconnection to other
properties within the Mixed-use Activity Center through an extension of the frontage road
on U.S. 41.
MEReA TO PUD (Bee 11-15-05 Rev clean).DOe
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SHORT TITLE
This Ordinance shall be known and cited as the "MERCATO MIXED USE PLANNED UNIT
DEVELOPMENT ORDINANCE".
MERCA TO PUD (Bee 11-15-05 Rev clean).DOe
IV
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of the
Mercato MPUD, and to describe the existing conditions of the property proposed to be
developed.
1.2 LEGAL DESCRIPTION
See Exhibit "C".
1.3 PROPERTY OWNERSHIP
The property is owned by The Mercato, LLP and The Residences at the Mercato Inc., 4200
Gulfshore Blvd North, Naples, Florida 34103.
1.4 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Section 34, Township 48 South, Range 25 East. The
site is generally bordered on the west by Tamiami Trail (U.S. 41); on the north and
east by The Pelican Marsh PUD; and on the south by Fifth Third Bank building, and
Walgreen's, both zoned C-4, General Commercial, and Vanderbilt Beach Road.
B. The zoning classification of the subject property at the time of PUD application is
A, Rural Agriculture.
C. Elevations within the site are approximately 8.5 feet to 12.5 feet above MSL. Per
FEMA Firm Map No. 120067 193D, dated June 3, 1986, the Mercato MPUD is
located within Zone X of the FEMA flood insurance rate map.
D. Approximately 50% of the site is abandoned agricultural field. The remainder is
naturally forested with exotics, pine flatwoods, and pine-cypress-cabbage palm.
E. The soil types on the site generally include 02 - Holopaw fine sand, limestone
substratum, 10 - Oldsmar fine sand, limestone substratum, 11 - Hallendale fine
sand, 14 - Pineda fine sand, limestone substratum, 20 - Ft. Drum and Malabar, high
fine sands, 27 - Holopaw fine sand, and 32 - Urban land as defined by the NRCS.
F. The project site is located within the Collier County Water M'¥1agement District.
MEReA TO PUD (BCC il-15-05 Rc\' clean) DOe 1-1
1.5 PERMITTED VARIATIONS OF DWELLING UNIT TYPES.
A maximum of 175 dwelling units are permitted within the Mercato MPUD. This
maximum may include a mix of single-family attached, two-family, zero lot line, patio,
townhome and multi-family dwelling unit types. Residential dwellings may be constructed
within MU and R designated areas of the project.
1.6 DENSITY
A maximum of 16 dwelling units per acre may be permitted within the Mercato PUD, due
to its location within Mixed Use Master Planned Activity Center #5. The proposed
maximum of 175 dwelling units represent a gross density of3.3± dwelling units per acre.
MERCATO PUD (Bee 11-15-05 Rev clean),DOC
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_'....___''''........__,-..._''...m'.---····_o
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the Mercato
MPUD, and to identify relationships to applicable County ordinances, policies, and
procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Mercato MPUD shall be developed as a mixed-use community, which may
feature a full array of commercial uses, residential dwelling types, and recreational
amenities, The mixed-use component of the Mercato MPUD is intended to permit
a lifestyle center arranged in a traditional main street design. The development
shall feature a wide mix of retail, office, and restaurant uses oriented in a
pedestrian mendly manner. Wide walkways, unique architectural features, a
"town plaza", extensively landscaped streetscape, outdoor dining areas and
courtyards will be characteristics of the Mercato MPUD.
B. The Conceptual Master Plan is illustrated graphically as Exhibit "A". A Land Use
Summary indicating approximate land use acreages is shown on the plan. The
Master Plan is conceptual, and the location, size, and configuration of the preserve
area, water management features, and development tracts shall be determined at the
time of final site development plan and/or preliminary subdivision plat approval
with minor adjustments at the time of final plat approval, in accordance with the
LDC.
C. The Mercato MPUD is compatible with and complementary to existing and future
surrounding land uses as required in the FLUE Mixed Use Master Planned Activity
Center Subdistrict of the FLUE.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of the Mercato MPUD shall be in accordance with the
contents of this PUD Ordinance and applicable sections of the LDC (to the extent
they are not inconsistent with this PUD Ordinance) and the GMP which are in effect
at the time of issuance of any development orders to which said regulations relate
which authorize the construction of improvements, such as but not limited to, final
subdivision plat, final site development plan, excavation permit and preliminary
work authorization. Where this PUD Ordinance does not provide developmental
standards, then the provisions of the specific section of the 'LDC that is otherwise
applicable shall apply. Where specific standards are specified in this PUD, these
standards shall prevail over those in the LDC.
MEReATO PUD (Bee II-iS-OS Rev clean). DOe
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B. Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the LDC in
effect at the time of development order application.
C. Development permitted by the approval of this PUD will be subject to the Adequate
Public Facilities Ordinance, Chapter 6 and Chapter 10 of the LDC, and a developers
contribution agreement, if so executed.
D. Unless modified, waived or excepted by this PUD, or by subsequent request, the
provisions of all other sections of the LDC remain in effect with respect to the
development of the land which comprises this PUD.
E. All conditions imposed herein or as represented on the Mercato MPUD Master Plan
are part of the regulations which govern the manner in which the land may be
developed.
F. The Site Development Plans Division of the LDC (Chapter 10) shall apply to the
Mercato MPUD, except where an exemption is set forth herein or otherwise granted
pursuant to the Land Development Code.
G. Recognizing that the plans for development of tracts have not been designated with
a specific dwelling unit type, the type of dwelling unit, which characterizes the
initial development of any phase, shall be carried out throughout the development of
that phase.
2.4 ROADWAYS
Roadways within the Mercato MPUD may be privately owned and maintained. Standards
for platted roads shall be in compliance with the applicable provisions of the LDC
regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or
approved during preliminary subdivision plat approval. The developer reserves the right to
request substitutions to Code design standards in accordance with Chapter 10 of the LDC.
The Developer retains the right to establish gates, guardhouses, and other access controls as
may be deemed appropriate by the developer on all internal and privately owned and
maintained project roadways. The primary access drive connecting U.S. 41 with Vanderbilt
Beach Road, shall not be gated, and shall be open to the public. Roadways within the
Mercato MPUD shall be designed in accordance with the Mercato Design Guidelines
Document attached as Exhibit "D".
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2.5 LAKE SETBACK AND EXCAVATION
The lake setback requirements described in the Code of Laws and Ordinances, may be
reduced with the administrative approval of the Collier County Planning Services Director.
All lakes greater than two (2) acres may be excavated to the maximum commercial
excavation depths set forth in the Code of Laws and Ordinances and subject to permit
approval of the South Florida Water Management District. Removal of fill and rock fÌom
the Mercato MPUD shall be administratively permitted to an amount up to 10 percent per
lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued.
2,6 USE OF RIGHTS-OF-WAY
Utilization of lands within all project rights-of-way for landscaping, decorative
entranceways, and signage shall be allowed subject to review and administrative approval
by the Collier County Engineering Director for engineering and safety considerations during
the development review process and prior to any installations of improvements in the right-
of-way.
2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER
PLAN
Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as
provided in Chapter 10 of the LDC. Minor changes and refinements to the Master Plan may
be made by the developer in connection with any type of development or permit application
required by the LDC.
2.8 COMMON AREA MAINTENANCE
Common area maintenance will be provided by a property owners' association, community
development district (CDD) or similar entity. The developer shall create a property owners'
association or associations, or similar entity, whose functions shall include provision for the
perpetual maintenance of common facilities and open spaces. The property owners'
association, or similar entity, shall be responsible for the operation, maintenance, and
management of the surface water and stormwater management systems and preserves
serving the Mercato MPUD.
MERC\TO PUD 113CC] I-IS·OS Rev clean) DOC
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2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Mercato MPUD. Landscape buffers shall be provided consistent with the
minimum criteria for the Mixed-Use Activity Center Subdistrict. The following standards
shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms 4: 1
2. Ground covered berms
Perimeter 3:1
Internal to project 3:1
3. Rip rap or geotechnical product 2:1
4. Structural walled berms - vertical
B. Landscape buffers, berms, fences and walls may be constructed along the perimeter
of the Mercato MPUD boundary with County Staff approval at the time of
preliminary subdivision plat, site development plan, or site improvement plan
approval.
C. Pedestrian sidewalks and/or bike path!) may be allowed in landscape buffers. Where
such structures or features are located in the required landscape buffer, the landscape
buffer shall be increased in width equal to the encroachment in that location.
D. Building perimeter landscaping and streetscape plantings in the mixed-use area shall
deviate rrom the requirements of Chapter 4 of the LDC and shall meet the standards
identified in Exhibit D, Mercato Design Guidelines.
E. Perimeter walls and landscape features shall be permitted in MU and R designated
areas of the PUD. Walls shall be permitted at a maximum height of8 feet and shall
be installed on a berm or at grade.
2.10 FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Mercato MPUD. Fill
material generated rrom other properties owned or leased by the developer may be
transported and stockpiled within areas which have been disturbed/farmed. Prior to
stockpiling in these locations, the developer shall receive approval by the County
Community Development and Environmental Services Administrator. The following
standards shall apply:
A. Stockpile maximum side slope 2:1, if protected by a six (6') foot high fence;
otherwise. a 4: 1 side slope shall be required.
MEReATo PleD (BCC 1] ·IS·OS R~\ cl~al1)DOC
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B. Stockpile maximum height: Twenty feet (20)'. No stockpile shall remain for a
period longer than one year.
C. Soil erosion control shall be provided in accordance with Chapter 10 of the LDC.
2.11 DESIGN GUIDELINES AND STANDARDS
The Collier County Planned Unit Development District is intended to encourage ingenuity,
innovation and imagination in the planning, design and development or redevelopment of
relatively large tracts of land under unified ownership or control, as set forth in Section
2.03.06 of the LDC. Design standards for the mixed-use components of the project shall be
consistent with Exhibit "D" of the MPUD.
2.12 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Mercato MPUD
except in the Preserve/Open Space Area. General permitted uses are those uses which
generally serve the project, and residents of the Mercato MPUD and are typically part of the
common inrrastructure or are considered community facilities.
A. General Permitted Uses:
1. Water management facilities and related structures.
2. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
3. Guardhouses, gatehouses, and access control structures.
4. Parks and recreational facilities.
5. Temporary construction, sales, and administrative offices for the developer
and developer's authorized contractors and consultants, including necessary
access ways, parking areas and related uses.
6. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 2.9 of this
PUD.
7. Fill storage subject to the standards set forth in Section 2.10 of this PUD.
8. Benches, gazebos, fountains, plazas and open space uses.
9. Collier Area Transit (CAT), and other mass transit facilities.
MERC\TO PUD (!WC ! 1·1)·05 Rev clean),DOC
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B. Development Standards:
Unless otherwise set forth in this Document, or as noted in Table 1, the following
development standards shall apply to structures:
1. Setback from the back of curb or the edge of pavement of any road _
Twelve feet (12') except for transit stops, guardhouses, gatehouses,
decorative architectural features, fountains, walls and access control
structures which shall have no required setback.
2. Setback fÌ'om PUD boundary: See Table 1, Development Standards and
Section IV of this PUD.
3. Maximum height of structures: See Table 1, Development Standards and
Section IV of this PUD.
4. Minimum floor area: None required.
5. Minimum lot or parcel area: None required.
6. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein are to be in accordance with the
appropriate sections of the LDC in effect at the time of site development
plan application.
2.13 OPEN SPACE REQUIREMENTS
The Collier County LDC requires that mixed-use projects maintain open space at a
minimum of 30% of the project area. The PUD Master Plan identifies preserves, lakes, and
buffers as open spaces. These areas, in conjunction with open space areas included within
the Residential District, will satisfy the 30% open space requirement of Section 4.02.01 of
the LDC for mixed-use developments.
2.14 NATIVE VEGETATION RETENTION REQUIREMENTS
Native vegetation shall be provided as required in the Conservation and Coastal
Management Element (CME) of the GMP and Chapter 3 of the LDC. Drainage easements
extending through preserve areas shall be replanted with native vegetation and shall be
accepted as preserve areas for the project.
2.15 SIGN AGE
All signs shall be in accordance with Chapter 5 of the LDC in effect at time of their
permitting, unless otherwise specified herein and in the Design Guidelines, Exhibit "D",
MERCA TO PUD (BCC 11·15·05 Rè\ dean I DOC
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Signage design shall be carefully integrated with site and building design. Creativity in
the design of signs is encouraged in order to emphasize the unique character of the
Mercato MPUD.
2.16 SIDEWALKS/BIKEPATHS
A. Pursuant to Section 6.06.02 of the LDC and Section 2.9 of the Mercato MPUD,
sidewalkslbikepaths shall be permitted as follows:
1. An internal pedestrian walkway system shall be permitted within drainage
easements.
2. Sidewalks may be located outside platted rights-of-way, when located
within a separate sidewalk easement or on a site development plan.
3. Sidewalks may be located within landscape buffers and/or easements;
however, the landscape buffer shall be increased in width by an amount
equal to the encroachment, at the point of encroachment.
4. The sidewalk along the U.S. 41 frontage shall not be required north of the
main project entrance. A sidewalk shall be provided on the south side of
the main project entrance.
The developer reserves the right to request substitutions to LDC design standards
in accordance with Section 10.02.04 ofthe LDC.
2.17 DEVIATIONS
A. Due to the uniqueness of the Mercato MPUD main street, mixed-use theme and
conceptual development plan, separate design guidelines for the project have been
developed and are incorporated as "Exhibit D" to the MPUD. The design
guidelines document does deviate from typical LDC requirements. Deviations
have been generally noted in this Document as required to implement the main
street concept of the Mercato MPUD.
B. Administrative Deviations
1. The County Manager, or his designee, shall have the authority to grant
administrative deviations from the MPUD and LDC, where said regulations
present a conflict with the intent and purpose of the MPUD or would
otherwise be in conflict with the overall design scheme of the Mercato
MPUD.
MERCATO PUD (Bce 11-15-05 Rc\ clcan).DOe
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2. Before any administrative deviation shall be granted by the County Manager,
or his designee, a finding of consistency with the following criteria must be
made:
a. The deviation proposed is based on sound engineering, planning, or
design criteria and practices.
b. The deviation poses no health, safety or welfare risk for the general
public or adjacent property owner.
c. The deviation shall not be inconsistent with any goal, objective or
policy of the GMP.
d. The deviation shall be consistent with the intent and purpose of the
PUD and the conceptual master plan for the project.
3. Administrative deviation requests may be made concurrently with a zoning
permit, building permit, utility permit, or other applicable application for
permit.
4. In considering an administrative deviation, the County Manager or his
designee may request materials, calculations, or plans deemed necessary to
render a determination of the deviation request.
5. The County Manager, or designee, decision to deny a deviation may be
appealed by the applicant to the Board of Zoning Appeals.
MERC'.\TO PUD (Bce I ¡·¡:'·05 RC\ è¡~an)DOC
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SECTION III
MIXED USE
"MU"
3.1 PURPOSE:
The purpose of this Section is to identify the permitted commercial land uses and
related development standards for areas within the Mercato MPUD designated HMU",
Mixed Use on the Conceptual Master Plan, Exhibit A. The mixed use component of
the Mercato MPUD is intended to permit office, shopping, dining, recreational and
residential opportunities in a traditional main street design. The development shall
feature a wide mix of retail, office, and restaurant uses oriented in a pedestrian friendly
manner. Wide walkways, unique architectural features, a "town square", extensively
landscaped streetscape, outdoor dining areas and courtyards shall be characteristics of
the Mercato MPUD.
3.2 MAXIMUM COMMERCIAL SQUARE FOOTAGE/ACREAGE
A maximum of395,000 square feet of gross leasable retail commercial, 100,000 square
feet of gross leasable office space, and a maximum of 80 hotel units is permitted within
the Mercato MP1JD. The maximum permissible office area may be increased beyond
100,000 square feet with a corresponding square foot reduction occurs in the gross
leasable area of retail space. If hotel accommodations are constructed within the
MPUD, the maximum amount of retail gross leasable area shall be reduced by 25,000
square feet. A maximum of 27.7 acres shall be used for commercial uses in the
MPUD, inclusive ofretail, office, restaurant, and parking areas to serve the commercial
uses.
3.3 GENERAL DESCRIPTION
Areas designated as "MU", on the Master Concept Plan, Exhibit "A", are designed to
implement the Mixed Use Master Planned Activity Center Sub-district outlined in the
FLUE ofthe GMP.
3.4 PERMITTED USES
1. Accounting, auditing and bookkeeping services (Group 8721).
2. Amusements and recreation services, indoor (Groups 7911, 7991).
3. Apparel and accessory stores (Groups 5611-5699).
4. Auto and home supply stores (Group 5531).
5. Automotive rental and leasing and parking (Groups 7514, 7515, 7521, 7542).
MEReATo PUD IBce 1\·\5-05 Rc\ clean),DOC
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6. Building materials, hardware, and garden supply (Group 5211 including only
cabinets, doors, flooring, Groups 5231-5261).
7. Business services (Groups 7311, 7313, 7322-7338, 7361, 7371, 7372, 7374-
7376, 7379, 7384).
8. Child day care services (Group 8351).
9. Depository institutions (Groups 6011-6099).
10. Eating and drinking establishments (Groups 5812, 5813) excluding bottle
clubs. Outdoor seating is permitted, subject to minimum sidewalk standards.
11. Educational services (Groups 8211-8231).
12. Food stores (Groups 5411-5499).
13. General merchandise stores (Groups 5311-5399).
14. Health services (Groups 8011-8049)
15. Home furniture, furnishing and equipment stores (Groups 5712-5736).
16. Holding and investment offices (Groups 6712-6799).
17. Hotel and Motels (Group 7011)
18. Insurance carriers, agents and brokers (Groups 6311-6399,6411).
19. Legal services (Group 8111).
20. Management and public relations services (Groups 8741-8743, 8748).
21. Miscellaneous retail (Groups 5912-5963,5992-5999 only).
22. Motion pictures (Groups 7832, 7841), including live theatrical production.
23. Offices for engineering, architectural, and surveying services (groups 0781,
8711-8713).
24. Nondepository credit institutions (Groups 6141-6163),
25. Personal services (Groups 7212, 7221, 7231, 7241, 7251, 7291, 7299, except
tattoo parlors, escort services, Turkish baths, and locker rental).
26. Parks, plazas, and active open spaces,
27. Real estate (Groups 6531-6552).
28. Residential dwelling units, including freestanding or integral to a commercial
building (subject to Section 4.5 of the Mercato MPUD),
29. Security and commodity brokers, dealer, exchanges and services (Groups 6211-
6289).
30. Transportation services (Group 4724), travel agencies only,
31. Any other commercial or professional use which is comparable in nature with
the foregoing list of permitted uses and consistent with the purpose and intent
statement of the district as determined by the Board of Zoning Appeals.
B. Accessory Uses:
1. Uses and structures that are customarily incidental and subordinate to the above
permitted uses.
2. Parking garage(s)
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3.5 DEVELOPMENT STANDARDS
A. Yard Requirements
1. U.S. 41 - Minimum yards shall be provided from U.S. 41 right-of-way
at a ratio of one foot (1') of yard for each one foot (1') of building
height, with a minimum yard of twenty-five feet (25').
2. Vanderbilt Beach Road - Forty feet (40')
3. From Pelican Marsh PUD
a. Structures up to thirty-five feet (35') in height - One hundred
feet (100')
b. Structures greater than thirty-five feet (35') - One hundred fifty
feet (150')
4. From "R" areas on Master Plan: None. However, the developer shall
provide landscaping and a wall as shown on Exhibit E of the Design
Guidelines)
5. From Internal Roadway: Five feet (5') from nearest travel lane,
however no setback shall be required from service lanes and service
areas.
6. From Preserve Areas:
Principal: Twenty-five feet (25')
Accessory: Ten feet (10')
B. Minimum Lot Size for Platted Lots
1. Minimum lot width: One hundred feet (100')
2. Minimum area: Twenty thousand square feet (20,000 square feet)
C. Building Height Above Grade:
1. Commercial:
Zoned height - Fifty-five feet (55')
Actual height - Sixty-five feet (65')
2. Mixed use building:
Zoned height - Sixty-three feet (63')
Actual height - Seventy-two feet (72')
MEReA TO PUD (Bee 11·15-05 Rev clean),DOe
3-3
D. Building Separation
1. No minimum building separations shall be required for the MU area;
however, aU budding separations shall meet applicable fire and building code
req uirements.
'\1ERCATO PUD (Bce 11·15·U5 Rev ckJn)[)OC
3-4
SECTION IV
RESIDENTIAL DEVELOPMENT AREAS
"R"
4.1 PURPOSE
The purpose of this Section is to establish land use regulations and development
standards for the residential development tract designated on Exhibit "A", the MPUD
Master Plan as "R Residential".
4.2 MAXIMUM DWELLING UNITS
The maximum number of dwelling units permitted within the MPUD is 175 and represents
a gross project density of3.3 dwelling units per acre.
4.3 DISTRIBUTION OF DWELLING UNITS
Dwelling units may be distributed throughout the areas designated "R" and "MU" on the
conceptual master plan; however, no more than 175 dwelling units shall be permitted
within the MPUD. The "MU" area shall have a minimum of 50 units.
4.4 GENERAL DESCRIPTION
Areas designated as "R" on the MPUD Master Plan are designed to accommodate a full
range of residential dwelling unit types, a full range of recreational facilities, essential
services, and customary accessory uses.
The approximate acreage of the "R" District is indicated on the MPUD Master Plan. This
acreage is based on conceptual designs and is approximate. Actual acreages of all
development tracts shall be provided at the time of site development plan or preliminary
subdivision plat approvals in accordance with Section 10.02,03 and Section 10.02.04,
respectively, of the Collier County LDC. Residential tracts shall be designed to
accommodate internal roadways, open spaces, parks and amenity areas, lakes and water
management facilities, and other similar uses found in residential areas.
4.5 RESIDENTIAL PERMITTED USES
A. Principal Uses
1. Zero lot line dwellings.
2. Single-family attached, two family and townhouse dwellings.
3. Two-family and duplex dwellings.
4. Multiple-family dwellings.
MERCATO PUD (BCC 11-15-05 Rev clean),DOC
4-1
" ..,.,......---.---....'
5. Any other principal use which is comparable in nature with the foregoing uses
and which the Board of Zoning Appeals determines to be compatible in the
"R" District.
B. Accessory Uses
1. Uses and structures customarily associated with principal uses permitted.
2. Common area recreational facilities.
3. Any other accessory use which is comparable in nature with the foregoing
uses and which the Board of Zoning Appeals determines to be compatible in
the .oR" District.
4.6 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the "R"
Residential District.
B. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein are to be in accordance with Collier County
LDC in effect at the time of site development plan approval, unless otherwise
indicated. Required yards, heights, and floor area standards shall apply to
principal structures.
C. Development standards for uses not specifically set forth in Table I shall be
established during the site development plan approval phase as set forth in
Chapter 10 of the LDC in accordance with those standards of the zoning district
which is most similar to the proposed use.
D. Minimum (setback) yards from Pelican Marsh PUD boundary.
1. Principal structure: Fifty (50') feet.
2. Accessory structure: Thirty-five (35') feet.
E. Minimum yards from MU designated areas.
1. None. except that an 8 foot to a 10 foot high ornamental wall with
landscaping shall be provided in accordance with Exhibit E of the Design
Guidelines.
MERCA TO PUD (BCe 11-15-nS Rev clcJn ¡DOe
4-2
TABLE 1- MERCATO PUD
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREAS AND "MU" BUILDINGS
R R R MU
Single Family Multi-Family Multi-Family
Permitted Uses and Zero Lot Attached, Two Dwellings Dwellings
Standards Line Family and above
Townhouse commercial
Minimum Lot Area 4,000 SF 1,700 SF N/A N/A
Minimum Lot Width I 40' 17' N/A N/A
Minimum Lot Depth 100' 100' N/A N/A
Front Yard4 15' 15' 15' N/A
Side Yards Oar 6' o or 6' 15' 0'
Rear Yard IS' 15' 15' 0'
Rear Yard Accessory 10' 10' 10' 0'
Preserve
Principal 25' 25' 25' 25'
Accessory 10' 10' 10' 10'
4 stories over
first floor
40' over 1 commercial
Maximum Bldg Height6 35' 35' level of not to exceed
zoned height
parking of 63' and
actual height
of72'
Distance Between
Detached Principal 12' 12' 12' 0'
Strucutres2,3
Floor Area Min. 1,000 SF 1,000 SF 1,000 SF 750 SF
All distances are in feet unless otherwise noted.
I - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained.
2 - Zero foot (0') minimum side setback on one side as long as a minimum 12 foot separation between principal structures is maintained.
3 - Building distance may be reduced at garages to a minimum of 0 feet where attached garages are provided.
4 - Front yard setback shall be measured from back of curb. Building front entry garages shall be set back a minimum of23 feet from edge of
any provIded sidewalk. The minimum 15 foot front yard may be reduced to 10 feet where the residence is served by a side-loaded or rear
entry garage,
5. - Side yards for accessory uses in single-family attached. two-tàmily, townhouse. and multi-family dwellings shall be the same as for
principal structures,
6, - Buildings located adjacent to the Pelican Marsh PUD shall be restricted to a maximum height of2 stories, not to exceed 35 feet in height.
MERc'·no PUD (BCC 11-15-05 Rev clean),DOC
4-3
SECTION V
PRESERVE
"P"
5.1 PURPOSE
The purpose of this Section is to identifY permitted uses and development standards for the
area within the Mercato MPUD designated on the Master Plan as "P", Preserve.
5.2 GENERAL DESCRIPTION
Areas designated as "P", Preserve on the Master Plan are designed to accommodate
conservation, passive recreation and water management uses and functions. The acreage of
the Preserve area is indicated on the Master Plan.
5.3 PERMITTED USES AND STRUCTURES
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. Permitted Principal Uses and Structures
1. Boardwalks, nature trails and shelters, as long as any clearing required to
facilitate these uses does not impact the minimum required native
vegetation.
2. Water management structures.
3. Any other conservation use in accordance with Section 3.05.07 of the LDC
which is comparable in nature with the foregoing uses and which the
Environmental Services Department Staff determines to be compatible in
the Preserve Area. Other uses of a comparable nature and not
administratively permitted within preserves shall require the approval by the
BZA
5.4 DEVELOPMENT STANDARDS
A. Maximum height of structures: Twenty-five (25) feet.
5.5 LANDSCAPE BUFFERS
A. Where Chapter 4 of the LDC requires landscape buffers, and preserve areas are
shown, landscape buffers shall consist of preserve vegetation, when demonstrated
that it meets or exceeds requirements of Chapter 4 of the LDC. Landscape buffers
shall remain exotic free.
MEReA TO PUD (Bee 11·15-05 R~\ ckan) DOC
5-1
SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
Mercato MPUD.
6.2 PUD MASTER DEVELOPMENT PLAN
A. All facilities shall be constructed in accordance with final site development plans,
final subdivision plats and all applicable state and local laws, codes and
regulations in effect at the time of approval of the development order to which
such regulations apply except where specifically noted.
B. The MPUD Master Plan (Exhibit A) is an illustration of the conceptual
development plan. Tracts and boundaries shown on the plan are conceptual and
shall not be considered final. Actual tract boundaries shall be determined at the
time of preliminary subdivision plat or site development plan approval.
C. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all utilities,
6.3 ENGINEERING
A. Except as noted herein, all proj ect development will occur consistent with Chapter
10, of the LDC.
6.4 UTILITIES
A. Water distribution, sewage collection and transmission systems shall be
constructed throughout the project by the developer. Potable water and sanitary
sewer facilities constructed within platted rights-of-way or within dedicated
County utility easements shall be conveyed to Collier County, pursuant to Collier
County Ordinance 04-31 as may be amended, except as may be provided in
Subsection 2.4 of this Document.
B. Upon completion of the utility facilities, they shall be tested to insure they meet
Collier County utility construction requirements in effect at the time construction
plans are approved.
C. All customers connecting to the potable water and sanitary sewer system shall be
customers of the County.
MERCATO PUD (BCC I ¡·IS·OS RC\ clcan) DOC
6-2
D. Deviations may be granted as indicated in "Exhibit D", Section 2.17 of the PUD.
6.5 WATER MANAGEMENT
A. A SFWMD surface water management permit shall be obtained pnor to
commencement of site work.
B. An excavation permit shall be required for the proposed lakes in accordance with
the Code of Laws and Ordinances. All lake dimensions shall be approved at the
time of excavation permit approval, if an excavation permit is required.
C. The Mercato MPUD conceptual surface water management system is described in
the Surface Water Management Report, which has been included in the MPUD
rezone application materials.
D. All development within the MPUD may share common surface water
management facilities.
6.6 ENVIRONMENT AL
A. The development of this project shall be consistent with the environmental
sections of the CCME of the GMP and the LDC in effect at the time of final
development order approval.
B. Areas that fulfill the native vegetation retention standards and criteria of the GMP
shall be set aside as preserve areas. All preserve areas shall be identified as
separate tracts and be protected by a permanent conservation easement.
C. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council, shall be removed trom within preserve areas and subsequent annual
removal of these plants in perpetuity shall be the responsibility of the property
owner.
D. A preseITe area management plan shall be provided to Environmental Services
Staff for approval prior to site/construction plan approval identifying methods to
address treatment of invasive exotic species and maintenance.
E. All approved agency (SFWMD, ACOE, FFWCC - gopher tortoise relocation
permit) permits shall be submitted prior to final site plan/construction plan
approval. The SFWMD and Corps permits have been issued.
F. An exotic \'egetation removal, monitoring, and maintenance (exotic tree) plan for
the site, \\'ith emphasis on the preserve areas, shall be submitted to Environmental
MERCATO PUD WCC 11·15-05 Rè\ ,i.:an),DOC
6-3
Services Staff for review and approval prior to final site plan/construction plan
approval. A schedule for exotic removal within all preservation areas shall be
submitted with the above-mentioned plan.
G. All conservation/preservation areas shall be designated as "Preserve" on all
construction plans and shall be recorded on the plat as a separate tract in fee with
protective covenants per or similar to Section 704.06 of the Florida Statutes.
Preserve areas shall be dedicated on the plat or SDP as applicable to the project's
homeowners association, or like entity, for ownership and maintenance
responsibilities and to Collier County with no responsibility for maintenance.
H. Setbacks from preserves shall be consistent with Section 3.05.07 of the LDC.
6.7 TRANSPORTATION
The development of this MPUD shall be subject to and governed by the following
conditions:
A. All traffic control devices, signs, pavement markings and design criteria shall be
in accordance with Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards,
current edition, and the Manual On Uniform Traffic Control Devices (MUTCD),
current edition. All other improvements shall be consistent with and as required
by the LDC.
B. Arterial level street lighting shall be provided at all access points. Lighting at the
access shall be in place prior to the issuance of the first certificate of occupancy
(CO) for units/square footage that will directly utilize the access.
C. Access points, including both driveways and proposed streets, shown on the
MPUD Master Plan are conceptual in nature. The full median opening/potential
traffic signal at the north access on US 41 has been coordinated with FDOT
during the six-lane expansion of US 41. The full median opening/potential traffic
signal at the east access on Vanderbilt Beach Road is needed to provide
southbound left turn access for the "loop road" connection between US 41 and
V anderbi It Beach Road. Therefore, a deviation is requested from the Collier
County Access Management Policy (Res. No. 01-247) for a reduced traffic signal
spacing distance for the eastern access on Vanderbilt Beach Road. Nothing
depicted on any such Master Plan shall vest any right of access at any specific
point along any property frontage. All such access locations and designs shall be
approved or denied during the review of required subsequent site plan or final plat
submissions. The number of access points constructed may be less than the
number depicted on the Master Plan; however, no additional access points shall be
considered unless a PUD amendment is to be processed.
\1ERC.\ TO PUD (BCC \1-15·05 Re\' clean),DOC
6-4
D. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by Collier
County Transportation Staff, shall not be eligible for impact fee credits. All
required improvements shall be in place and available to the public prior to the
issuance of the first CO for units/square footage that will directly utilize the
improvements.
E. Road impact fees shall be paid in accordance with Collier County Ordinance Ol-
D, as amended, and Section 10.02.07 of the LDC, as it may be amended.
F. All work within Collier County rights-of-way or public easements shall require a
right-of-way permit.
G. Collier County reserves the right to modify or close any median opening existing
at the time of approval of this MPUD which is found to be adverse to the health,
safety and welfare of the public. Any such modifications shall be based on, but are
not limited to, safety, operational circulation, and roadway capacity.
H. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither shall the existence of a point of
ingress, a point of egress or a median opening, nor the lack thereof, be the basis
for any future cause of action for damages against the County by the developer, its
successor in title, or assignee.
1. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by
the developer. Collier County shall have no responsibility for maintenance of any
such facilities.
J. If any required turn lane improvement requires the use of an existing County
right-of-way or easement, compensating right-of-way, if required, shall be
provided without cost to Collier County as a consequence of such improvement.
Said requirement shall be determined at time of site development plan approval.
K. If, in the sole opinion of the Collier County Transportation Department, a traffic
signal, or other traffic control device, turn lane sign or pavement marking
improvement within a public right-of-way or easement is determined to be
necessary, the cost of such improvement shall be borne by the developer. If
adjacent property owners share in the use of the improvement (s), they shall be
required to pay their fair share cost of the improvement (s).
MERCATO PUD (Bee 11-15-05 Re\ clean).DOC
6-5
L. Adjacent developments have been designed to provide shared access or
interconnections with this development. The MPUD Master Plan indicates these
potential locations. The developer, or assigns, shaH provide for the proposed
perpetual use of such access by aH parties involved by incorporating appropriate
language into the development covenants or plat. The construction of the
interconnections(s) to the Pelican Marsh Community shaH not occur unless and
until the Pelican Marsh Community and the Pelican Marsh Community
Development District authorize the interconnection(s). The cost of construction
and maintenance of the interconnection(s) shaH be at the sole expense of the
developer, or successors and assigns.
M. A deviation from Chapter 1O.02.13.F of the LDC, annual traffic monitoring
report. The developer in lieu of paying for annual traffic counts at the project
accesses, shall make a single payment in the amount of $32,000 to the County for
a permanent count station at each access. Payment shall be made at the time of
the first local development order approval. The developer is still required to
provide annual PUD monitoring reports in accordance with LDC provisions,
N. The developer agrees to provide funds or improvements above and beyond impact
fees not to exceed $906,000 which is the calculated proportionate share in support
of the North West TCMA (Transportation Concurrency Management Area). The
funds and improvements will be prioritized to facilitate non site related
improvements to include: intersection improvements to the intersection of US 41
and Vanderbilt Beach Road, SCOOT signal enhancements and funds toward CAT
(Collier Area Transit) bus purchase and maintenance.
O. The developer shall make payment to Collier County in lieu of providing a
sidewalk north of the project entrance on U.S. 41.
6.8 AFFORDABLE HOUSING
Collier County and the Developer of the Mercato MPUD have cooperated to address
affordable housing impacts associated with the Mercato MPUD. The foHowing financial
contribution shall be paid by the developer, or its successors and assigns, to the CoHier
County Affordable Housing Trust Fund and shall fully mitigate the demands on
affordable housing attributed to the Mercato MPUD development.
A. One thousand dollars ($1,000.00) per residential dwelling unit constructed within
the project shall be paid to CoHier County within seven (7) days of the closing on
each residential dwelling unit. '
MERC.\TO PUD mcc 11·] 5-05 Rev clean) DOe
6-6
B. Fifty cents ($.50) per square foot of retail commercial development area
constructed within the Mercato MPUD shall be paid within seven (7) days of the
issuance of a CO for the retail commercial improvement receiving the CO.
C. The payment of the sums set forth in this Section shall fully satisfy the project's
obligations to pay fees that may be adopted in the future by the County relating to
the provision of affordable or workforce housing.
MEReA TO PUD (BCC 11·15-05 Re\ -:leanlDOC
6-7
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EXHIBIT C
DESCRIPTION OF PART OF
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
BEGINNING AT THE SOUTHWEST CORNER OF PELICAN MARSH UNIT TWO AS
RECORDED IN PLAT BOOK 22, PAGES 41-48, INCLUSIVE OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA ALSO BEING A POINT ON THE EASTERLY RIGHT-
OF-WAY OF U.S. 41, TAMIAMI TRAIL NORTH;
THENCE ALONG THE BOUNDARY OF SAID PLAT IN THE FOLLOWING SIX (6)
DESCRIBED COURSES:
1) NORTH 89°20'48" EAST 204.55 FEET;
2) EASTERLY 615.18 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 826.09 FEET THROUGH A CENTRAL
ANGLE OF 42°40'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 69°19'10" EAST 601.07 FEET;
3) SOUTH 47°59'08" EAST 100.03 FEET;
4) SOUTHEASTERLY 418.87 FEET ALONG THE ARC OF A CIRCULAR CURVE
CONCA VB NORTHEASTERLY HAVING A RADIUS OF 800.00 FEET THOUGH A
CENTRAL ANGLE OF 29°59'57" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 62°59'07" EAST 414.10 FEET;
5) SOUTH 77°59'05" EAST 144.30 FEET;
6) SOUTHEASTERLY 654.92 FEET ALONG THE ARC OF A CIRCULAR CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 395.00 FEET THROUGH
A CENTRAL ANGLE OF 94°59'52" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 30°29'09" EAST 582.44 FEET TO THE BOUNDARY OF
PELICAN MARSH GOLF COURSE, PHASE 1, TRACT "GC5", AS RECORDED IN
PLAT BOOK 23, PAGES 40-47, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
THENCE ALONG SAID BOUNDARY SOUTH 17°00'47" WEST 181.41 FEET;
THENCE CONTINUE ALONG SAID BOUNDARY SOUTHERLY 37.60 FEET ALONG THE
ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 130.00
FEET THROUGH A CENTRAL ANGLE OF 16°34'19" AND BEING SUBTENDED BY A
CHORD WHICH BEARS SOUTH 08°43'37" WEST 37.47 FEET;
THENCE CONTINUE ALONG SAID BOUNDARY AND A SOUTHERLY EXTENSION
THEREOF SOUTH 00°26'28" WEST 180.64 FEET TO A POINT ON THE BOUNDARY OF
GRAND ISLE AT PELICAN MARSH AS RECORDED IN PLAT BOOK 24, PAGES 67-70,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE NORTH 89°33'32" WEST 336.81 FEET TO THE NORTHWEST CORNER OF
PELICAN MARSH UNIT FIVE, AS RECORDED IN PLAT BOOK 22, PAGES 88-89,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; .
-
1
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THENCE ALONG THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE, SOUTH
00°03'39" EAST 492.87 FEET TO THE NORTHERLY BOUNDARY OF PROPOSED
RIGHT-OF-WAY OF VANDERBILT BEACH ROAD;
THENCE ALONG SAID PROPOSED RlGHT-OF-W A Y WESTERLY 68.46 FEET ALONG
THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCA VB SOUTHERLY
HAVING A RADIUS OF 2430.00 FEET THROUGH A CENTRAL ANGLE OF 01°36'51"
AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 83°50'08" WEST 68.46
FEET TO A POINT OF REVERSE CURVATURE;
THENCE CONTINUE ALONG SAID PROPOSED RIGHT -OF- WAY WESTERLY 368.67
FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA VE NORTHERLY HAVING A
RADIUS OF 101,934.54 FEET THROUGH A CENTRAL ANGLE OF 00°12'26" AND BEGIN
SUBTENDED BY A CHORD WHICH BEARS SOUTH 83°07'55" WEST 368.67 FEET TO A
POINT OF COMPOUND CURVATURE;
THENCE CONTINUE ALONG SAID PROPOSED RIGHT-OF-WAY WESTERLY 74.44
FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A
RADIUS OF 6860.68 FEET THROUGH A CENTRAL ANGLE OF 00°37' 18" AND BEING
SUBTENDED BY A CHORD WHICH BEARS SOUTH 83°32'47" WEST 74.44 FEET;
THENCE LEAVING SAID PROPOSED RIGHT-OF-WAY AND ALONG THE BOUNDARY
OF LANDS DESCRIBED IN O.R. BOOK 820, PAGE 12 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, AND ALONG A NON- TANGENTIAL LINE NORTH
00°39'03" WEST 254.61 FEET;
THENCE ALONG THE BOUNDARY OF LANDS DESCRIBED IN O.R. BOOK 680, PAGE
782, NORTH 48°22'47" WEST 297.34 FEET;
THENCE CONTINUE ALONG SAID BOUNDARY, SOUTH 89°20'57" WEST 420.00 FEET
TO A POINT ON THE BOUNDARY OF A PARCEL DESCRIBED IN O.R. BOOK 637,
PAGE 1161 ALSO KNOWN AS TRAIL BOULEVARD;
THENCE ALONG SAID BOUNDARY NORTH 00°39'03" WEST 200.80 FEET;
THENCE CONTINUE ALONG SAID BOUNDARY SOUTH 89°20'57" WEST 80.00 FEET
TO A POINT ON THE EASTERLY RIGHT -QF- WAY OF SAID U.S. 41;
THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°39'30" WEST 1291.06 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 49.72 ACRES MORE OR LESS;
AND
A DESCRIPTION OF PART OF PELICAN MARSH UNIT FIVE, PLAT BOOK 22, PAGES 88
THROUGH 89, COLLIER COUNTY, FLORIDA;
ALL THAT PART OF PELICAN MARSH UNIT FIVE AS RECORDED IN PLAT BOOK 22,
PAGES 88 THROUGH 89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PELICAN MARSH UNIT
FIVE;
2
W -07 -0082G.DESIPN04-0047
THENCE ALONG THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE SOUTH
89°33'32" EAST 306.56 FEET TO A POINT ON THE WEST LINE OF TRACT WF-1
(DRAINAGE EASEMENT) ACCORDING TO THE PLAT OF GRAND ISLE AT PELICAN
MARSH, PLAT BOOK 24, PAGES 67 THROUGH 70, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
THENCE ALONG SAID LINE SOUTH 00°00'00" EAST 481.17 FEET TO A POINT ON THE
NORTH LINE OF TRACT "B" (VANDERBILT BEACH ROAD) ACCORDING TO THE
PLAT OF PELICAN MARSH UNIT FIVE, PLAT BOOK 22, PAGES 88 THROUGH 89,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTHWESTERLY 306.37 FEET ALONG THE ARC OF A NON-TANGENTIAL
CIRCULAR CURVE CONCA VB TO THE SOUTHEAST, HAVING A RADIUS OF 2430.00,
THROUGH A CENTRAL ANGLE OF 07°13'26" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 88°15'16" WEST 306.17 FEET TO A POINT ON THE
BOUNDARY OF SAID PELICAN MARSH UNIT FIVE;
THENCE ALONG SAID LINE NORTH 00°03'39" WEST 492.87 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRillED;
CONTAIN'ING 3.40 ACRES MORE OR LESS;
BEARINGS ARE BASED ON THE NORTH LINE OF SAID PELICAN MARSH UNIT FIVE
BEING SOUTH 89°33 '32" EAST;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
BEARINGS ARE BASED ON THE STATE PLANE COORDINATES 1983 DATUM, 1990
ADJUSTMENT, WEST LINE OF SAID SECTION 34 AS BEING SOUTH 00°39'20" EAST.
3
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___"m...._'..··~_·."'·.¥·,
--..
I.
II.
III.
IV.
V.
a.
b.
c.
d.
e.
t:
a
O'
EXHIBIT D
J\;IERCATO DESIGN GUIDELINES
Table of Contents
STREETSCA.PE............................................. ...... .........
a.
b.
Pedestrian Pathways ,..,..............,............................
Site Furnishings",.......,..... ,..... ..,......,.. .............. .....,... ..,
Street Trees,.....,.... ... ,.......,.....,.....,....................... ,..,.. '..
c.
BUILDING ARCHITECTURAL STANDARDS.....................
a.
b.
Building Facades ,..,'.,.."'.'.",, '...." '.,...,." ,..,"'.,.,"..."'..",,,...,...
Façade/\Vall Height Transition Elements.. ,..,..'.................
Variation in Massing, ,......... "..",..,.." ................,......
Roof Treatments ",'.'....".. "'",....",,'.',,'..
Design Standards.."".......,.. '" ..............,
c.
d.
e.
LANDSC.-\PE.......... .... ... ......... ... ........ ......... ... """ ...... ....
a.
b.
General Landscape, ...,
Building Foundation Plantings "
............... ...... ...
.............. .........
SIGN AGE..................... ............... ....... ...... ... .... ..... ... .....
a.
b.
Project Identification Signs.......................................
Free Standing Use Monument..................... ...............
Permitted Sign Types................................. ...... '"
General Standards.............. .."..,.,.
Prohibited Sign Types.. , , '..,......,...,
c.
d.
e.
...... .........
REQUIRED PARKING... '" .. . ...... ....... ..... ... ... ... ....... ..... ....
On Street Parking.........................,............,......... ,..... .'
Off-Street Parking '....."............"..,...,.......... ..,.., ..,
Internal Landscaping ,.....................,..............."..... '.'... ,..
Parking Structures ,....,',..,""',....".,.,......,..,.....,."...."..,..,..,. .."...,
Extensions over Pedestrian Ways, ".......,..,..........., .....,.'
Loading and Refuse...,.,...... ...,.. .....,'.......,.........'. ,.......,
Dri\'e-Through Uses........,......, ...............,......... ....,..,
EXH D· V!ercalO DCSH!11 i.'L;lJeilne,; see Rev li)·19·()5 dean)OBPSPUDPH
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1
2
2
2
2
3
3
4
4
4
4
5
5
5
6
6
7
8
8
8
8
9
9
9
9
10
a.
b.
EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
VI.
SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS....
10
Streets and access improvements,
Water ManagemenL,..,..,...,..,
.... ........
10
II
Typical Main Street Landscape Design Plan
Typical Side Street Landscape Design Plan
Typical Parking Garage Landscape Area
Typical Rear of Main Street Buildings Landscape Design within Parking Area
Typical MUIR Interface Landscape Area and Residential Parking Garage
Interface
Typical Street Tree Landscape and Building Foundations Planting Plan
EXH D - M erCJto D<:sign (Juiddincs (Bee Rev I ()·1l)·()5 dean )OBPSPUDPH
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Mercato MPUD Design Guidelines
This design guideline for the Mercato MPUD addresses the relationship of buildings, parking,
vehicular, and pedestrian movement to create a pedestrian oriented experience. Buildings are
encouraged to be built close to the vehicular and pedestrian ways to create a continuous active
and vibrant streetscape utilizing the architecture, landscaping, lighting, signage and other street
furnishings. Travelways support two-way traffic and on-street parking. A continuous pedestrian
pathway system is provided throughout Mercato. Building arcades and awnings are allowed to
extend over the sidewalk to create shade and encourage pedestrian activity. Due to the unique
characteristics of the "main street"' themed project, deviations from LDC standards are required
in order to develop the mixed-use project. Except as specified herein, and as expressed on the
conceptual MPUD Master Plan, The Mercato MPUD shall be developed in compliance with the
LDC.
I. STREETS CAPE
The pedestrian way and street fonn area is where business and leisure activities merge. The
landscape is functional in providing shade on the sidewalk and complimenting the architectural
fonns. Landscape plantings are laid out in infonnal groupings. Site furnishings, landscaping,
lighting, plazas, and the like invite residents and visitors to utilize this public space.
a. Pedestrian Pathways:
A sidewalk zone shall be provided along all access ways and shall include: street furnishings, a
tree planting zone and a pedestrian clear zone.
1. The pedestrian clear zone along the main street and side streets shall be a minimum of 5
feet in width, unobstructed and continuous.
2. Overhead arcades, awnings or canopies, etc., may encroach upon the pedestrian clear
zone, but furnishings or other obstructions shall be kept out of the pedestrian clear zone.
3. Outdoor dining at building arcades or
fencing, or similar moveable barriers.
pedestrian clear zone.
outdoor areas may be enclosed by planters,
The dining area shall not encroach into the
4. Vehicular surface paving my include materials other than asphalt, including pavers,
concrete, stone or brick, or a combination of surface materials.
5. A five (5') foot wide pedestrian pathway shall only be provided on one side of the main
roadway within the residential tract.
EXH D· McrcJto Design Guidelines IBCe Rev Ii 1·1 q·tl5 clt:an)OBPSPUDPH
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b. Site Furnishings:
Street fumishings may be provided in conjunction with the street tree zone. Street fumiture may
include benches, waste/recycling receptacles, bike racks, newspaper vending, bus shelters and
intomlation/hand-bill kiosks, and similar fumishings.
I. Site furnishings (not associated with an individual business) shall be coordinated and
fàbricated of compatible materials.
2. Visual obstructions shall not be allowed within visibility triangles at street intersections
per Florida Department of Transportation Standards.
c. Street Trees:
The street tree-planting zone shall have an average width of 5 feet or greater and be located
parallel to the curb. Root barriers are required for canopy trees. This zone may include street
furniture.
I. Street trees shall be spaced on average of 40 feet on center. The street tree pattern may
be interrupted by overhead arcade, utility, and pedestrian access ways, as shown on
Exhibits A, E, and F. Palm trees are allowed as a substitute to canopy trees. Areas for
canopy trees should be designed where space will allow in plazas, at vehicular
intersections, and other areas where buildings are set back.
2. Plantings used in this District shall include a variety of tree and shrub species with at
least 50% of the required trees and 35% of the required shrubs being plants native to
Florida.
Planting at the ground plane shall be a minimum of turf grass; ground cover, low shrubs or
flowering plants in tree planters as is appropriate to the design.
II. BUILDING ARCHITECTURAL STANDARDS
The Mercato MPUD will include architectural features that provide visually interesting building
design at a scale appropriate for pedestrians and automobiles. Building façades will be designed
to reduce the mass and scale of the building, by providing arcades, windows, entry features, and
other design treatments. Building materials may be varied throughout the project to better
interpret the main street theme associated with The Mercato MPUD and its unique combination
of uses. All freestanding outparcel buildings shall be developed in compliance with the LDC.
All other building tàçades within 250 feet of U.S. 41 and Vanderbilt Beach Road (facing U.S. 41
or Vanderbilt Beach Road) shall meet the architectural guidelines of the LDC.
a. Building Façades (Not facing U.S. 41 or Vanderbilt Beach Road)
1. Façades adjacent to preserve areas and internal access ways shall not be
considered primary façades for purposes of this MPUD.
EXH D - \1ercato Design GUidelines (Bee Rev ¡ o· ¡ ')·05 c!ean)OBPSPUDPH
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2. Covered walkways and arcades shall be constructed with columns a minimum of
10 inches wide. Covered walkways pursuant to the requirements of Subsection
5.05.08.C.2.C.iii of the LDC, shall only be required to have a length measuring 40
percent of the associated façades.
3. Parking garages shaH not be required to meet building façade requirements or
parking structure standards of the LDC; however, appropriate landscape buffers
shall be provided to provide visual screening from public rights-of-way.
However, the top floor parking deck façade facing a public roadway shaH provide
decorative architectural banding, planters or other decorative architectural details.
b. Façade/Wall Height Transition Elements (Not facing U.S. 41 or Vanderbilt Beach
Road.)
1. FaçadeiwaH height transition elements as required in Subsection 5.05.08.CA.b of
the LDC shaH not be applicable for buildings internal to the MPUD, but shall be
applicable to existing buildings within 150 feet external to the project.
2. Transitional massing elements shaH be utilized within the Mercato MPUD;
however, transitional massing elements may exceed 100% of the average height
of the adjacent internal building, and transitional massing elements shall only be
required along 10% of the b:1Ìlding façade.
3. Parking garages shall not be required to meet façade/wall height transItIon
elements of the LDC. However, the top floor parking deck façade facing a public
roadway shall provide decorative architectural banding, planters or other
decorative architectural details.
c. Variation in Massing (Not facing U.S. 41 or Vanderbilt Beach Road.)
The Mercato MPUD is designed to mimic a "main street" design. Building façades will be
designed in a manner whereby individual tenant spaces wiH have unique façades and signage
treatments, although most of the site wiH be developed under a single site development plan.
1. Primary building façades shaH provide projections and recesses with a minimum
depth of 3 feet per 150 linear feet per building. However, façades facing off-street
parking areas, service areas, or preserves shall not be required to meet the
projection and recess requirements, but shall meet the building design treatments
of Subsection 5.05.08.C.5 of the LDC. This requirement shall apply to all
buildings.
2. Blank waH exposure may exceed 33% of the façade connected to a pnmary
façade. where the non-primary façade is adjacent to a preserve or internal
landscape butTer.
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d. Roof Treatments (Not facing U.S. 41 or Vanderbilt Beach Road.)
I. The Mercato MPUD shall not require two-roof edge or parapet line changes on
building tàcades, or on parking garage(s) that face a preserve or off-street parking
area. That portion of a building fronting directly on U.S. 41 or VanderbiIt Beach
Road shall be required to provide the required roof edge or parapet changes for
that portion of the façade visible from U.S. 41 or Vanderbilt Beach Road, as may
be applicable.
e. Design Standards
1. Parking garage(s) façades shall not be considered primary facades where facing a
preserve, off-street parking area, or are designed in a manner not visible to the
motoring public.
2. Parking design shall be permitted to vary throughout the project, where the
confi!,TUration of parking (i.e. angled, 90 degree, etc.) areas are separated by
clearly delineated and distinct parking lot markings and/or signage.
3. Parking area configurations shall be permitted to vary from the criteria for interior
and corner lots as described in Section 5.05.08 of the LDC. Shared parking areas
are provided throughout the project; however, parking areas adjacent to U.S. 41
and Vanderbilt Beach Road may provide parking areas exceeding 50% of the
parking area for the specific use between the building façade and right-of-way.
4. Due to the unique character of the Mercato MPUD, continuous pedestrian paths
are not required along the rear of buildings or where parking areas are provided
within 15 feet of the rear building façade.
f. Natural and Manmade Bodies of \Vater
I. Dry detention areas may be permitted without curvilinear off-sets, where the dry
detention areas are less than 30 feet in width.
III. LANDSCAPE
a. General Landscape:
1. Landscaping within the Mercato Mixed-Use Areas shall adhere to the following criteria:
2. Provide a variety of tree and shrub species with at least 50% of the required trees and
35% of the required shrubs being plants native to Florida; exotic invasive plants as
identified in Figure II, Prohibited Species, shall not be allowed.
3. Planting at the ground plane shall be a minimum of groundcover, low shrubs or flowering
plants in tree planters appropriate to the design. The use of turf grass within street tree
EXH D· "vIercato De>ign Guidelines (Bee Rev ¡ 0·19·05 cleanlOBPSPUDPH
Page 5
planting areas is pennitted in limited installations. Turf grass may be utilized In
courtyards and plazas as appropriate to the landscape design.
4. Irrigation shall be provided for all planting areas. Irrigation control boxes and
appurtenances shall be located away from direct public view.
5. Drought tolerant species shall be considered, when appropriate, to the design intent.
6. Landscape minimums within the mixed-use area shall be met by the standards provided
for streetscape, courtyard and parking lot landscaping.
7. Sidewalk protection such as root barriers, a continuous tree pit, and/or structural soils
shall be provided for canopy trees.
8. Walls and fences shall be permitted to be constructed within 6 feet of the property tine
adjacent to the Pelican Marsh PUD where maintenance and/or access agreements have
been established with adjacent property owners. The maximum 8 foot high wall shall be
architecturally finished and the exterior side facing Pelican Marsh PUD shall be planted
with a climbing vine or similar vegetation.
9. Parking areas located to the rear of Main Street retail uses shall provide supplemental
landscaping consistent with Exhibit D.
b. Building Foundation Plantings
1. The location and calculation of building foundation plantings shall not be required in
strict conformance with Subsection 4.06.05.BA of the LDC, The project shall provide
10% of the ground level floor area, excluding the parking garage(s) as open space;
however, the foundation plantings shall be distributed throughout the site. The Mercato
MPUD shall distribute the building foundation plantings within streetscape planting
areas, open spaces, and landscaped areas of the MPUD as shown in Exhibits A thru F.
IV. SIGNAGE
Signage design shall be carefully integrated with site and building design to enhance the main
street theme for the total property without a repetitive and uniform emphasis. Creativity in the
design of signs is encouraged in order to emphasize the unique character of the Mercato project.
The Mercato MPUD shall be permitted to deviate from the LDC, by permitting the following:
a. Project Identification Signs
1. One project directory sign, with a maximum of 250 square feet of sign copy per side and
a maximum sign copy height of 25 feet, shall be permitted at each project entry. The
directory sign may be permitted within the medians of project entry drives as generally
depicted on the Master Plan. The project directory sign will feature the project name,
insignia or motto of the development and up to 6 tenant panels.
EXH D· Mercato Design GuiJdJl1es (Bee Rev 10-19-05 cleanlOBPSPUDPH
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2. Project identification signs with a maximum of 120 square feet of sign copy per side and
a maximum sign copy height of 18 feet, shall be located as generally depicted on the
MPUD Master Plan. Project identification signs shall be monument or wall mounted
signs and feature only the project name, insignia or motto of the development and up to 4
tenant panels.
3. One project identification sign for the three off-site projects located within the Activity
Center may be located south of the proposed right-in, right-out southern most Mercato
project entrance. The maximum sign area shall be 80 square feet and the maximum sign
height shall not exceed 8 feet.
4. No minimum setback shall be required, except that no sign shall be located so as to
create vehicular line of site obstructions.
b. Free-standing Use Monument Signs
1. Each free-standing use shall be permitted one monument sign per public road or private
drive frontage.
2. Maximum permissible sign copy shall be 100 square feet per side for public road
frontage and 80 square feet for private road frontage.
3. For public road frontage, the maximum height of the sign copy shall be 10 feet above
finished grade. Architectural details of the sign structure may project above the 10 foot
height; however, no part of the sign or sign structure shall exceed 12 feet in height above
finished grade.
4. For private drive frontage, the maximum height of the sign copy shall be 8 feet above
finished grade. Architectural details of the sign structure may project above the 8 foot
height; however, no part of the sign or sign structure shall exceed 10 feet in height above
finished grade.
c. Permitted Sign Types
1. Wall - A sign affixed directly to or painted directly on an exterior wall or fence.
Maximum sign area - Façade width by 2.5 feet
2. Projecting - Any sign which projects from and is supported by a wall of a building with
the display of the sign perpendicular to the building wall. Maximum sign area - the
façade area by .05 feet up to a maximum of 100 square feet. Theatre signage may be a
maximum of 200 square feet.
3. Window - A sign painted or applied to or behind a window. Maximum sign area - the
area of the window with the sign by .30 feet.
4. Hanging - A sign attached to and located below any eave, arcade, canopy, or awning.
Maximum sign area - 20 square feet. (Two faces of20 square feet each)
EXH D - MercatLJ Design Guidelines (Bee Rev 10·19·05 clean)OBPSPU DPH
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5. Awning - A sign or graphic attached to or printed on an awning. Maximum sign area-
the area of the awning by .25 feet.
6. Pole - A sign mounted at the top of or bracketed from a vertical pole, which is supported
by the ground. One pole sign with a maximum sign area of 64 square feet. (Two sign
faces of 32 square feet each).
7. Monument - A sign secured to a base, which is built directly upon the ground.
Maximum sign area - 80 square feet, exclusive of the base. Maximum height above grade
- 15 feet.
8. Marquee - A sign usually projecting from the face of a theater or cinema, which contains
changeable text to announce events. Sign area shall be compatible with the design of the
theater building. Minimum height above grade - 10 feet. Minimum distance from curb -
4 feet.
9. Sandwich boards - A portable sign comprised of two sign panels hinged together at the
top. Maximum sign area - 12 square feet (2 faces of 12 square feet each).
10. Banners - Fabric panels projecting from light, flag and sign poles. Maximum sign area -
shall be proportional to the height of the pole.
16-foot pole - 15 square feet Max (2 faces of 15 square feet each)
20-foot pole - 20 square feet Max (2 faces of20 square feet each).
25-toot pole - 30 square feet Max (2 faces of 30 square feet each)
30-toot pole - 36 square feet Max (2 faces of 36 square feet each).
11. Temporary special event signs - A temporary window, hanging, awning, portable or
banner sign utilized in conjunction with a special event within the MUPUD.
d. General Standards
1. Sign area: The area of any sign shall be the area of a rectangle, which encloses all
elements of the sign (excluding poles and brackets) including all text and any symbols or
logos.
2. Sign area: 20% of the total area of the façade.
3. Mounting height: No part of a sign which projects from a building or is mounted on a
pole or bracket shall be less than 8 Feet above the grade.
4. Illumination: Signs may be illuminated by external spot lighting or internally
illuminated. Lighting shall be designed and shielded so as not to cause glare onto
adjacent properties or the public right-of-way.
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5. Material: Signs shall be constructed of durable materials suitable to the sign type. The
long-term appearance of the sign shall be a major consideration in the selection of
materials.
6. Color: The color of signs shall be compatible with the colors and style of the building to
which they are attached or otherwise associated.
7. All sign structures may feature architectural treatments which shall be permitted to
extend above the maximum height of the sign specified herein.
e. Prohibited Sign Types
1. Portable or mobile signs except sandwich boards.
2. Flashing or animated signs (except time and temperature signs).
3. Signs with changeable text (except marquee).
4. Off-site signs
5. Billboards
v. PARKING
Parking shall be shared throughout the Mercato MPUD and a parking ratio of 1 space per 250
square feet of gross leasable building area shall be required for the mixed-use component of the
PUD.
a. On-Street parking:
On-street parallel parking or angled parking may be provided within the project.
1. Parallel parking stall shall be a minimum of 8 feet wide by 22 feet long.
b. Off-Street parking:
The majority of parking within the project shall be provided off of the street.
1. Except along U.S. 41 or Vanderbilt Beach Road frontage, parking lots or parking garages
shall be located to the rear of buildings (Main Street), or along the side (secondary
streets). Off-street parking shall not occur in front of the primary façade.
2. Parking areas shall be organized into a series of small bays delineated by landscaped
areas of varied sizes. Maximum spacing between landscaped areas shall be 10 spaces
unless landscape areas are being located to protect native vegetation or to accommodate
structural members of a parking garage.
3. Lots shall be designed to keep all circulation between aisles internal to the lot.
Driveways to parking areas shall be a minimum of24 feet wide.
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4. 90 degree parking areas shall have a minimum drive lane width of 24 feet and stall size of
9 feet by 18 feet.
5. Angled parking shall have a minimum drive lane width of 18 feet, if one-way, and 22
feet, if two-way. Parking stall size shall be 9 feet by 18 feet.
Handicap parking shall be located to facilitate the most direct and safest route to building entries.
c. Internal Landscaping:
1. Internal buffers shall not be required between access roads and/or uses located within the
mixed-use component of the Mercato MPUD, as required by Section 4.06.02 of the LDC.
2. Other landscape areas will be provided as depicted on Exhibits A through E.
d. Parking Structures:
Parking structure facades shall be designed to screen views of automobiles by the general public
from adjacent streets and driveways.
I. Parking garage landscaping adjacent to a preserve and internal residential areas shall be
provided in accordance with Exhibits C and E.
2. All structures visible from residential or public roadways with uncovered parking on the
top level shall have rooftop planters around the perimeter, integral to the structure, with
small trees, shrubs and trailing vines to soften the building edges, except where a parking
garage is adjacent to a commercial or mixed use building.
3. Parking structure lighting shall be a maximum of 20 feet in height. Lighting shall
incorporate full shield cut-offs to contain light to the surface of the deck only.
4. Parking is allowed below occupied spaces, accessed from the rear. Parking areas are also
permitted as parallel or angled parking on Main Street or side streets.
e. Extensions over Pedestrian Ways
Arcades, overhangs sign age, marquees, bay windows, and structural supports shall be
allowed to extend over sidewalks. These allowable overhead encroachments shall be a
minimum of9 feet clear above sidewalk. No allowable encroachment within the sidewalk
shall reduce the clear walkable width to less than 5 feet at any point.
f. Loading and Refuse
I. Loading docks, solid waste facilities, recycling facilities and other services elements shall
be placed to the rear or in the side yard of the building in visually unobtrusive locations
with minimum impacts on view.
EXH 0 - Mercato Design GuidelinL's (Bee Rev ¡ ().¡9·()5 clean 10BPSPUDPH
Page 10
.., Refuse containers and tàcilities shall be hidden by an opaque wall or fencing of sufficient
height to screen the bin and any appurtenances, but not less than 6 feet in height, chain
link fencing is not acceptable. Walls shall be constructed of a material compatible with
the principal structure it serves. Landscaping with vines or other plants is encouraged.
Enclosures shall include opaque lockable gates to minimize blowing refuse.
3. Service area recesses in the building and/or depressed access ramps should also be used
where applicable.
4. Businesses are encouraged to consolidate and share refuse areas and equipment.
g. Drive-Through Uses (Not on U.S. 41 or Vanderbilt Beach Road)
1. Limited to a single automobile entry to the site from the main street, side street, or rear.
If on a comer lot, an additional entry from the secondary street and/or parking area is
pennitted.
2. Locate the building so that it fronts onto main street, canopies, and associated service
areas sited behind the building.
3. The height of the canopy must be in scale with its associated building such that it is not
visible from the street in front of the associated building. The minimum clearance of the
canopy must be not less than 14 feet 6 inches and the maximum clearance must not be
more than 16 feet.
4. Parking areas must be visually screened through the use of walls, fences and/or
landscaping, with an emphasis on any portions fronting a street.
VI. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS
The developer reserves the right to request substitutions to subdivision improvement and
utility design standards in accordance with Section 10.02.04 of the LOC.
The proposed primary entry road shall be designed and constructed in accordance with
Chapters 4 and 6 of the LOC. Other roadways within the Mercato MPUD shall be designed
and constructed in accordance with Chapters 4 and 6 of the LDC with the following
substitutions:
a. Streets and access improvements
1. Construction Standards Manual, Dead-end Streets
Cul-de-sacs may exceed a length of one thousand (1,000) feet.
2. Construction Standards Manual, Intersection Radii
EXH D· 'vIercato Design (juiddines (Bee Rev 10-19·05 dean)OBPSPUDPH
Page 11
Intersection radii: Street intersections shall be provided with a minimum of a 20
foot radius (face of curb) for all internal project streets and a 35 foot radius for
intersections at project entrances.
3. Construction Standards Manual, Reverse Curves
Reverse Curves: Tangents shall not be required between reverse curves on any
project streets.
4. Access Management Policy, Resolution No. 01-247
The project entrance on Vanderbilt Beach Road shall be permitted to be
signalized upon meeting County requirements.
b. Water Management
1. Water management berm side slopes - Berm side slopes may be 1:1 if properly
stabilized with rip-rap, or other geotechnical product as designed by an engineer
and acceptable by The County manager, or designee. Detention area side slopes
may be 2: 1 if properly stabilized with planted ground cover, or geotechnical
product. so long as the water management body is staging water vertically and not
conveying water where velocity would be a concern. Rip-rap areas shall be
planted to provide 80% opacity within 1 year of installation where visible from
public rignts-of-way.
2. Water management subsurface storage - A subsurface storage system (pipes,
chambers) will be designed beneath the parking fields for storm water attenuation
volume. This subsurface system shall be permitted by SFWMD and is not
designed for water quality treatment, nor for percolation credit.
EXH D - Mercato Design Guidelinc" I Bee Re" 10·19-05 cleanlOBPSPUDPH
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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 2005-58
Which was adopted by the Board of County Commissioners
on the 15th day of November, 2005, during Regular Session.
WITNESS rny hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st
day of November, 2005.
DWIGHT E. BROCK
Clerk of Courts and ,S~êrkJ;",~
Ex-officio to Boarq>~.0f'··· .~~',.:y -',
--... '. - .
County Commissioq.È;;r·~2Y';\ '.~ . ',.;'":, :.
Lluu ~,~~~..Y;~'~'o,~,~·;;::i
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By: Ann Jennejo'~·~'.~ '. ...........~J~.
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Deputy Clerk ' J. ~" "
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