Ordinance 99-04 = RECEtVED
ORDINANCE 99- 4 Clerk
ef Soar4
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE
zONING REGULATIONS FOR THE UNINCORPO TED
AREA OF COLLIER COUNTY, FLORIDA, BY ~-~::~' _.
AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBERED 8516N BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
o
PROPERTY LOCATED ON THE NORTHWEST CORNER OF c~-~
WIGGINS PASS ROAD (C.R. 888) AND U.S. 41,
IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 33.6+ ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 90-26, THE FORMER LAWMETEA
PLAZA PUD; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Robert Duane of Hole, Montes & Associates, Inc.,
representing Jim Colosimo, Trustee, 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;
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 16, Township 48 South, Range 25 East, Collier County,
Florida, is changed from "PUD" to "PUD" Planned Unit Development in
accordance with the PUD Document, attached hereto as Exhibit "A", which
is incorporated herein and by reference made part hereof. The Official
Zoning Atlas Map numbered 8516N, as described in Ordinance Number 91-102,
the Collier County Land Development Code, is hereby amended accordingly.
SECTION TWO:
Ordinance Number 90-26, known as the Lawmetka Plaza PUD, adopted on
--~arch 27, 1990 by the Board of County Commissioners of Collier County, is
hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this ~ day of ~__, 1999.
nTTEST; .................. BOARD OF COUNTY COMMISSIONERS
DWI~,H~7.E..'i'BRQC."K.:,.. Clerk COLLIER COUNTY, FLORIDA
F =,- · h .... ] ,.:~ ...u-.. -.
RWOMAN
Legal S~'i'8'iency
.......... ,. This ordinance fUed w;th tee
~ ~. ~ ~ day of
Marj~ie M. 'StUdent ' and ec.':~c
Assistant County Attorney {ilinfl recr2~c~ '.~,'~,:~ ..... '
~/ggD-89-2S ( ~ )
2
LAWMETKA PLAZA
A
PLANNED UNIT DEVELOPMENT
EXHIBIT A
Prepared for:
JIM COLOSIMO AS TRUSTEE
4099 Tamiami Trail North, Ste. 305
Naples, Florida 34103
Prepared by:
HOLE, MONTES AND ASSOCIATES, INC.
715 Tenth Street South
Naples, Florida 34102
And
YOUNG, VANASSENDERP AND VARNADOE
801 Laurel Oak Drive, Ste. 300
Naples, Florida 34108
October, 1998
HMA File No. 98.112
Date Reviewed by CCPC:
Date Approved by BCC:
Ordinance No. p~-
Amendments & Repeals
TABLE OF CONTENTS
Page
SECTION I - Statement of Compliance ...................................................................................................1
SECTION II - Property Ownership, Legal Description Short Title and Statement of Unified Control ...2
SECTION III- Statement of Intent and Project Description ....................................................................3
IECTION IV - General Development Regulations ..................................................................................4
SECTION V - Permitted Uses and Dimensional Standards for Tracts A and B ......................................8
SECTION VI - Permitted Uses and Dimensional Standards for Tract C ..............................................11
SECTION VII- Environmental Standards ..............................................................................................13
SECTION VIII- Transportation Requirements .......................................................................................14
SECTION IX - Utility and Engineering Requirements ..........................................................................15
- R ~ men s
SECTION X Water Management equ're t ..................................................................................17
EXHIBITS
Exhibit A - PUD Master Plan
Exhibit B - Legal Description
SECTION I
Statement of Compliance
The development of approximately thirty-four (34) acres of property in Collier County, as a
Planned Unit Development, to be known as Lawmetka Plaza, will be in compliance with the
goals, objectives and policies of Collier County as set forth in the Growth Management Plan.
The commercial uses of Lawmetka Plaza will be consistent with growth policies, land
development regulations, and applicable comprehensive planning objectives of each of the
elements of the Growth Management Plan for the following reasons:
1. The subject property is located in an area identified as an Activity Center on the Future
Land Use Map of the Collier County Growth Management Plan.
2. Activity Centers are the preferred locations for the concentration of commercial and
mixed use development activities.
3. The subject tract is located on the northwest comer of the intersection ofU. S. 41 and
Wiggins Pass Road. This strategic location allows the site superior access for the
placement of commercial activities.
4. The project shall be in compliance with all applicable County regulations including the
Growth Management Plan.
5. The project will be served by a complete range of services and utilities as approved by the
County.
6. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the Future Land Use Element.
7. The project development will result in an efficient and economical extension of
community facilities and services as required in Policies 3.1 .H and L of the Future Land
Use Element.
8. The project development is planned to incorporate natural systems for water management
in accordance with their natural functions and capabilities as may be required by
~ Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
9. All final Local Development Orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance.
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SECTION II
Property Ownership, Legal Description Short Title
and Statement of Unified Control
2.1 Property Ownership
The subject property is currently under the ownership of a land trust of which Jim
Colosimo is Trustee.
2.2 Legal Description
All that part of the southeast ¼ of the northeast ¼ of Section 16, Township 48 South,
Range 25 East, Collier County, Florida.
2.3 General Description of Property
The subject property is located on the northwest coruer of Wiggins Pass Road and U.S.
41. The zoning of the subject property prior to the application of rezoning is PUD.
Physical Description
The site is generally flat and naturally drains to the east and west. Access to the property
will be via four entrances, two on U.S. 41 and two from Wiggins Pass Road. A wetland
Preserve Area, comprising 8.5 acres, is located along the western portion of the property.
The flood elevation of the subject property is A.E. 11.
Short Title
This ordinance shall be known and cited as the "Lawmetka Plaza Planned Unit
Development Ordinance".
2.4 Statement of Unified Control
This statement represents that the current property owner has lands under unified control
for the purpose of obtaining PUD Zoning on the subject property. Development of this
Planned Unit Development will occur in accordance with the Planned Unit Development
regulations contained herein and any conditions approved with the Rezone Petition as
described and agreed to within the PUD Ordinance.
SECTION III
Statement of Intent and Project Description
3.1 Introduction
It is the intent of this ordinance is to establish a Planned Unit Developmere meeting the
requirements as set forth in the Collier County Land Development Code (LDC) that will
permit approximately thirty-four (34) acres of retail, office, hotel/motel use, including 8.5
acres of Preservation Area for the subject property. The purpose of this document is to
set forth guidelines for the future development of the project that meet accepted planning
principles and practices, and to implement the Collier County Growth Managemere Plan.
3.2 Project Description
It is the intent of this project to create an integrated commercial development with a
compatible mixture of commercial land uses and open spaces. The developer, who has
unified control over the subject property, intends to commence development of a mixed
use activity center Planned Unit Development (PUD). It is the intent of the developer to
develop architecturally unified commercial establishments based on the concept of
arrangement and unified management control. The unified development approval under
the PUD district designation will ensure that the shopping center is aesthetically pleasing
and functionally efficient. It will allow an efficient pattern of intemal circulation to be
established and limited points of vehicular ingress and egress. These functional and
aesthetic advantages, which cannot be provided in the conventional strip commercial
development configurations, have been maximized and shall be sustained in the approval
of this Planned Unit Development.
3.3 Land Use Plan and Project Phasing
A. The PUD Master Plan comains a total of three (3) tracts consisting of
development areas A, B, and C and one Tract D consisting of an upland and
wetland Preserve Area in addition to street right-of-way. The Master Plan is
designed to be flexible with regard to the placement of buildings, tracts and
related utilities and water management facilities. More detailed plans will be
submitted at the time of site development plan and permitting approval, based on
._ compliance with all applicable requirements of this ordinance, the LDC and
Local, State and Federal permitting requiremems. 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 five (5) years
from the time of issuance of the first building permit.
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SECTION IV
General Development Regulations
The purpose of this Section is to set forth the development regulations that may be applied
generally to the development of the Lawmetka Plaza Planned Unit Development and Master
Plan.
4.1 General
The following are general provisions applicable to the PUD Master Plan:
A. Regulations for development of the Lawmetka Plaza PUD shall be in accordance
with the contents of this document, the PUD-Planned Unit Development District
and other applicable sections and parts of the Collier County Land Development
Code (LDC) and Growth Management Plan in effect at the time of issuance of any
development order to which said regulations relate which authorize the
construction of improvements. The developer, his successor or assignee, 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 Lawmetka Plaza PUD shall become part of the
regulations which govern the manner in which this site may be developed.
D. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Div. 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 ~'om any
other applicable regulations, the provisions of those regulations not otherwise
provided for in this PUD remain in full force and effect.
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
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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
other purposes as may be required by Collier County. All necessary easements,
dedications or other instruments shall be granted to ensure the continued operation and
maintenance of all services and utilities. This will be in compliance with applicable
regulations in effect at the time construction plans and plat approvals are requested.
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 such amendment may be
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 orders, the provisions of
Section 3.3, Site Development Plans shall be applied to all platted parcels, where
applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the
development of all tracts as shown on the PUD Master Plan.
4.6 Provision for Off-site 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, off-site disposal is also hereby permitted subject to the following
conditions:
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A. Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby off-site removal
shall not exceed ten (10) percent of the total volume excavated up to a maximum
of 20,000 cubic yards.
B. A timetable to facilitate said removal shall be submitted to the Development
Services' Manager for approval. Said timetable shall include the length of time it
will take to complete said removal, hours of operation and haul routes.
C. All other provisions of Section 3.5 of the LDC are applicable.
4.7 Sunset and Monitoring Provisions
Lawmetka Plaza PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for
Approved PUD Master Plans and Section 2.7.3.6 Monitoring Requirements.
4.8 Polling Places
Any community recreation/public building/public room or similar common facility
located within the Lawmetka Plaza PUD may be used for a polling place, if determined
necessary by the Board of County Commissioners upon recommendation of the
Supervisor of Elections in accordance with Section 2.6.30 of the LDC.
4.9 Native Vegetation
The project will meet the native vegetation requirements of Division 3.9, Vegetation
Removal, Protection and Preservation of the LDC for the subject property.
4.10 Open Space
Open space may be in the form of landscaping, additional buffers, passive or active
recreation areas and water management facilities. The total aggregate of such open space
areas shall meet or exceed the open space requirements of See. 2.6.32.3 of the LDC,
which requires a minimum of thirty (30) percent for commercial developments. A
majority of the open space area for the project is provided in the 8.5 acre Preserve Area,
parcel D.
4.11 Archaeological Resources
The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to
archaeological resources in the event that they 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 Architectural and Site Design Standards
All development within Lawmetka Plaza shall be subject to Division 2.8 of the LDC and
architectural considerations shall be unified for each tract including building design,
landscaping, and signage. The development of the first tract will set the standards for
other development areas, unless architectural guidelines are established in advance of
development of the first tract in the form of deed restrictions or other measures acceptable
to Collier County.
4.14 Signs
All signage shall be in conformance with Division 2.5 of the LDC; however, platted
interior tracts are permitted two (2) ground signs at the tract entrance, not to exceed a
total of one hundred and twenty (120) feet at each tract entrance.
4.15 Parking
All development shall be subject to Division 2.3 of the LDC, Off-Street Parking and
Loading.
4.16 Landscaping
All landscaping shall be in conformance with Division 2.4 of the LDC.
4.17 Utility Areas
Utility areas, including trash receptacles, shall be completely screened from the view of
customers and adjacent property owners to a height of 6 feet above finished grade.
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SECTION V
Permitted Uses and Dimensional Standards
for Tracts A and B
5.1 Purpose
The purpose of this Section is to identify permitted uses and development standards for
Tracts A and B within the Lawmetka Plaza PUD designated for commercial development
on the PUD Master Plan, Exhibit "A".
5.2 Development Intensity
1. A maximum of two hundred-thirty thousand (230,000) square feet of floor area is
allowed for permitted retail and office uses on Lawmetka Plaza's parcel A and B
or subdivisions, thereof. A maximum of forty-thousand (40,000) square feet of
retail or office use is permitted on parcel C. (See also Section VI of this
Ordinance.)
2. Hotel/motel uses may be developed at twenty-six (26) dwelling units per acre on
Tract A and/or C and may include all or a portion of the Preservation Area on
parcel D, adjacent to Tracts A and C in calculating the number of hotel/motel
units permitted.
5.3 General Description
The PUD Master Plan designates the following uses for each tract designated on the PUD
Master Plan.
TRACT ACRES HEIGHT USE
A 16.4 50 Retail, Office,
Hotel/Motel
B 2.7 35 Retail or Office
C 4.9 50 Hotel/Motel or Retail or
Office'
D 8.5 N.A. Preservation Area
ROAD 1.5 N.A. Road
TOTAL 34
*Other uses are also permitted on Tract C. (See Section VI of this Ordinance.)
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The approximate acreage of commercial tracts is depicted on the PUD Master Plan. Actual
acreage of all development tracts will be provided at the time of Site Development Plan or
Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and
Division 3.2, respectively, of the Collier County Land Development Code. All tracts are
designed to accommodate internal roadways, open spaces, water management facilities, and
other similar uses to support non-residential development of the subject property.
5.4 Permitted Principal Uses and Structures
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Permitted commercial and conditional uses allowed in the C-3, Commercial
Intermediate District, as of the effective date of adoption of this Ordinance, excluding
Homeless Shelters and Soup Kitchens.
B. Permitted commercial and conditional uses in the C-4, General Commercial District
with the exception of the following uses: Bottle Clubs; Fuel Dealers (groups 5983
- 5989); Automotive repair services, parking (groups 7514, 7515, 7521 ); Amusement
and recreational services, outdoor (groups 7948, 7992, 7996, 7949); Homeless
Shelters, Soup Kitchens, Justice, Public Order and Safety (groups 9222-9224);
Communication Towers above specified height, subject to Section 2.6.3.5 of the
LDC.
5.5 Permitted Accessory Uses and Structures
No building or structure, or part thereof, shall be erected, altered or used, on land, in whole
or part, for other than the following:
A. Accessory uses and structures customarily associated with the above permitted
commercial principal uses and structures.
5.6 Dimensional Requirements
Minimum Lot Area
Twenty thousand (20,000) square feet
B. Minimum Lot Width
One hundred (100) square feet
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C. Minimum Yard Requirements
1. From Project Perimeter boundary lines - thirty-five (35) feet. From internal
tract boundary lines - twenty (20) feet.
2. Distance between principal structures shall be a minimum of twenty-five (25)
feet or one-half (1/2) the sum of the heights of the two buildings, whichever
is greater.
D. Minimum Floor Area of Principal Structure
1000 square feet per building on the ground floor except that freestanding specialty
structures of nationally recognized standard size less than 1000 square feet shall be
permitted when site plan approval has been received.
E. Maximum Height
Fifty (50) feet above finished grade for Tract A and thirty-five (35) feet above finished
grade for Tract B.
F. Minimum Off-Street Parking and Off-Street Loading Requirements
As required by Division 2.3 of the LDC.
G. Minimum Landscaping Requirements
As required by Division 2.4 of the LDC.
H. Merchandise Storage and Display
Unless specifically permitted by certain uses, there shall be no outside storage or
display of merchandise.
I. Lighting
Lighting facilities shall be arranged in a manner that will protect roadways and
neighboring properties from direct light.
J. Hotel/Motel Use
Should hotel/motel uses develop on Tract A, such uses shall be subject to the
requirements of Section 5.2, Development Intensity, of this Ordinance and the
requirements of Section VI.
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SECTION VI
Permitted Uses and Dimensional Requirement~s for Tract C
6.0 PURPOSE
The purpose of this Section is to set forth the p~rmitted uses and land development
regulations for Tract C designated on the PUD Master Plan, along with other permitted
uses.
6.1 USES PERMITTED
No building or structure. or part thereoL shall be erected, altered or used, or land or water
used, in whole or in part, tbr other than the following:
A. Principal Uses:
1. Hotel
2. Motel
3. Homes for the Aged
4. Hospices
5. Adult/child care center
6. Convalescent centers
7. Nursing homes
8. Rest homes
9. Sanitariums
I 0. Adult Congregate Living Facility
I I. Retail or office use as permitled by section 5.4'~ excludin_~ free-standing
12. Any other use which is comparable in nature with the foregoing uses and
which the director determines to be compatible in the District.
*A maximum floor area of tbny (40) thousand square feet is allocatt~i to this parcel, if it
does not develop with hotel/motel uses, and d~velopment intensity may be shifted
between parcels. In the event thai Tract C develops with a mix of motel and retail or
office uses, 4.8 motel units can be convened tbr each 1,000 square feet of retail or office
----- area.
B. Permitted Accessory Uses and Structures
1. Accesson,. uses nnd slruclures customarily associated with the uses
permitted in this District.
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6.2 DIMENSIONAL REQUIREMENTS
A.Minimum l.ot Area
One ( i ) acre
B. Minimum Lot Width
One hundred (100) tbet
C- Minimum. Yard Requirements
The following building setback shall apply:
I. From eastern property line - thirty-five (35) feet. From northern m'onertv
line - seventy (7Q~ fi:et (inclusive of 40 fo~t F]lorid.a. DepartlBerlt of
Tran~porlation drai~m_~e easement). From internal tract boundary lines -
twenty (20) feet.
2. Distance between principal structures shall be a minimum of twenty-five
(25) l~et or one-half the sum of the heights of the two buildings,
whichever is greater.
D. Maximum Height
Fifty ( 5.0} feet above the finished grade, not to ..~;~.cecd four (4) stories.
E. Minimum Off-Street Par'king and Off-Street Loading R~q...uirements
As required by Division 2.3 ofth~ LDC.
F. Minimum Landsca_rang and Buffering Roa__uirem~r~s
1. For all but northern property line as required by Division 2.4 of the LDC.
2, For the northern oro_tmrty line, ~hc owner of Parcel C shall mainta_in a
fifteen (' l 5~ foot }andscape buffer measured from the southern ed_ue of the
Florida Denartm~:nt of TraPs_Donation drainage ~sement, An
architectmall,,' finished oDaauo masonry wall a minimum of six (6} .ti:e4 in
height shall be installed within the buffer are~,, This buffer shall .be
inStallC~d aS a rgql~ired im_urovemem for the first Site DeveloDmcnt Plan
._wi.'!hin th.c PUD. To the greatest extent Dractical the existing native
vegetation (Pine trees, etc.} shall .b~ retain .ed ~thin the buffer at.ca ~nd
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Florida Department of Trans_n~rtat~pn drainaae easemerit, and where not
nractical within the buffer area, tr~es no_more than nNenty-five (25] feet on
center or a hedge no more than lbur (4) feet on center. or a combination
shall be planted on the northern Sid. e 0fthe wall., Any new trees shall .be a
mimmunl of eight fS] feet in height wj.th .a t.hr. ee (3) foot s_nread_,3. t the time
of installation. Any. hedge shall be a minimum ..ofterl f 10) gallon plants
five (5..) feet in height with a three (3) b0t ~,_'pread at time of insta[latiola.
F-,xcept to the extent of any conflict with the foregoing r~.quirements. all o[
the Landscaping and Buffering requirements of Division 2.4 of the LDC
also apply m..parcel C. and in the event of a conflict b~,~..~en the
Landscaping and Buffering reauircments of this section and those of the
LDC, the more restrictive shall apply.
G.
Lighting facilities shall be arranged as required by the LDC in manner which will
protect madways and neighboring properties from direct light.
F .~1 .I.SERS\BETSY\W Pg~C~ )l,I )SI MO\LAWMETKA%SECTION b.0-6.2 ,wlmJ
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SECTION VII
Environmental Standards
The purpose of this Section is to set forth the environmental commitments of the Project
Developer.
7.1 An 8.4 acre upland and wetland Preserve Area is located along the western portion of the
subject property and is permitted to be used for open space and passive recreational use
only. All preservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be recorded on the plat with protective
covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be
provided in accordance with Subsection 3.2.8.4.7.3 of the LDC.
7.2 A Gopher Tortoise relocation plan shall be submitted to Current Planning Environmental
Staff for review and approval prior to final site plan/construction plan approval. The
approved language shall be added to the site development plan or construction plans.
Off-site relocation may be required if the applicant cannot provide adequate habitat for
on-site relocation.
7.3 Petitioner shall be subject to the Collier County Growth Management Plan Policy 12.1.3
contained in the Conservation and Coastal Management Element (discovery of a
archaeological or historical site, artifact or other indicator of preservation).
7.4 Environmental permitting shall be in accordance with the state of Florida Environmental
Resource Permit Rules and be subject to review and approval by Current Planning
Environmental Review Staff. Removal of exotic vegetation shall not be counted towards
mitigation for impacts to Collier County jurisdictional wetlands. Buffers shall be
provided around wetlands, extending at least fifteen (15) feet landward from the edge of
wetland preserves in all places and averaging twenty-five (25) feet from the landward
edge of wetlands. Where natural buffers are not possible, structural buffers shall be
provided in accordance with the State of Florida Environmental Resources Permit Rules
and be subject to review and approval by Current Planning Environmental Staff.
7.5 Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.4
of the Collier County LDC and the Preserve Areas, shall be generally provided for as
depicted on the PUD Master Plan, Exhibit A.
7.6 An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site,
with emphasis on the preservation area, shall be submitted to the Current Planning
Environmental Review staff for review and approval prior to Final Site Plan/Construction
Approval. A schedule for exotic removal with all Preservation Areas shall be submitted
with the above mentioned plan.
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7.7 Petitioner shall comply with the guidelines and recommendations of the U.S. Fish &
Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission
(FGFWFC) regarding potential impacts to protected wildlife species. Where protected,
species are observed on site, a habitat management plan for these protected species shall
be submitted to Current Planning Environmental Staff for review and approval prior to
Final Site Plan/Construction Approval.
SECTION VIII
Transportation Requirements
The purpose of this Section is to set forth the transportation commitments of the project
development.
8.1 Subject to Florida Department of Transportation approval, the developer shall provide left
and right turn lanes on Tamiami Trail at both project entrances. Should any of the
required turn lanes be constructed due to other development activity in the area prior to
completion of this project, the developer shall provide a fair share reimbursement of the
cost of such construction. The Florida Department of Transportation and Collier County
each reserve the right to control median openings, both existing and future, and to limit
access points to right turns in and right turns out.
8.2 The developer shall provide left and right turn lanes on Wiggins Pass Road at the
project's two entrances.
8.3 All road access points requiring turn lanes and use of existing right-of-way shall provide
for compensating right-of-way dedication.
8.4 Existing drainage easements, future drainage easements, and planned preserve areas shall
remain available to Collier County and Florida Department of Transportation for future
roadway water management purposes subject to appropriate capacity controls and
operating controls. The responsibility for maintenance of such areas shall remain with
the developer/owner and/or assignees.
8.5 The northern access on Tamiami Trail shall be in alignment with Old U.S. 41 (CR 887).
The developer shall be responsible for any and all costs incurred in modifying the traffic
signal installation at Old U.S. 41 so as to accommodate the project.
8.6 The road impact fees shall be in accordance with the fee structure set forth in Ordinance
92-22 or as may be mended and shall be paid at the time building permits are issued
unless otherwise approved by the Board of County Commissioners.
8.7 All required access improvements shall be in place before any certificates of occupancy
are issued and shall not be subject to impact fee credits.
8.8 All traffic control devices used shall conform to requirements of the Manual on Uniform
Traffic Control Devices as required by Chapter 316.0747, Florida Statutes.
8.9 The determination as the whether roadways internal to the project are public or private is
at the discretion of the County.
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SECTION IX
Utility and Engineering Requirements
The purpose of this Section is to set forth the utilities and engineering commitments of the project
developer.
9.1 Utilities
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 Cotmty Ordinance No.
88-76, as amended, and other applicable Cotmty 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.
C. Prior to approval of construction documents by the County, the developer must
present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public
Service Commission has granted territorial rights to the developer to provide sewer
service to the project until the County can provide these services through its sewer
facilities.
D. The utility construction documents for the project's sewerage system shall contain the
design and construction of an onsite force main, which will ultimately connect the
project to the future central sewerage facilities of Collier County. The force main
must be interconnected to the pump station with appropriately located valves to
permit for simple redirection of the project's sewage, when connection to the County's
central sewer facilities becomes available.
E. Prior to or at the time of submission of construction plans and final plat for the
project, the potable water supply from the Collier County Water-Sewer District to
serve this project shall be installed adjacent to the property and be in service.
9.2 Engineering
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 shall be
submitted to the and until approval of the proposed construction, in accordance with
the submitted plans, is granted by the Development Services Department.
-16-
B. Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County LDC.
C. Subdivision of the site shall require platting in accordance with Section 3.2 of LDC to
define the right-of-way and tracts shown on the PUD Master Plan.
D. 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 Plats, Site Development Plans and any other applications
that will result in the issuance of a final development order.
SECTION X
Water Management Requirements
The purpose of this Section is to set forth the water management commitments of the project
developer.
10.1 Detailed paving, grading and site drainage plans shall be submitted to the Development
Services Department for review. No construction permits shall be issued unless and until
approval of the proposed construction, in accordance with the submitted plans, is granted
by the Development Services Department.
10.2 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.
10.3 Landscaping may be placed within the water management area in compliance with the
criteria established within Section 2.4.7.3 of the LDC.
10.4 The wet season water table elevation shall be established at the time of South Florida
Water Management District permitting, which is required for the subject property.
10.5 One half(I/2) inch of dry pretreatment shall precede the discharge of any water into the
preservation area or whatever alternate conditions may be incorporated into the South
Florida Water Management District permitting requirements.
10.6 The stormwater system shall be reviewed and approved by Collier County Public Works
Engineering (PWED) in order to verify its consistency with the Wiggins Pass outfall
project now being designed by PWED.
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0.,..., o,,~ · 98112PUD SK122998
~.~,o.. ,,,- P.U.D. MASTER PLAN ~=,~ .~
,.z~,~sc~ 7'5 lOth Street S., Naples, FL. 34102 - Phone: (941) 262-4617 EXHIBIT A 98.112 ~ 1
N/A 1 '=~00' I
EXHIBIT B
LEGAL DESCRIPTION
All that part of the southeast ¼ of the northeast ¼ of Section 16, Township 48 Somh,
Range 25 East, Collier County, Florida.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-4
Which was adopted by the Board of County Commissioners on the 26th day
of January, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 29th day of January,
1999.
DWIGHT E. BROCK