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Ordinance 97-04 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS ~- FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS '2 MAP NUMBER 9628S; BY CHANGING Tile ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL - : PROPERTY FROM RMF-12 TO "PUD" PLANNED UNIT ~ DEVELOPMENT KNOWN AS JACARANDA CENTER PUD TOur ESTABLISH A PROFESSIONAL OFFICE COMPLEX AND :.; LOW INTENSITY COMMERCIAL DISTRICT FOR ~.", PROPERTY LOCATED ON THE NORTHEAST CORNER OF GOLDEN GATE PARKWAY AND 55TH STREET S.W. IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.5+ ACRES; AND BY PROVIDING AM EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning Shoppe, representing Robert M. and William H. Davidsen, Darryl J. and,Camel J. Damico, Lisa C. and Leonard L. Swirda, Janice Sweeney, Virgil L. Cottongin and Sid A. Skidmore, 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 28, Township 49 South, Range 26 East, Collier County, Florida, is changed from "RMF-12" to "PUD" Planned Unit Development in accordance with the Jacaranda Center PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 9628S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ./~/ day of ~-~z-~/ , 1997. e: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . . :.. ... : ' · c? . ' / ' ' ' CHAIRMAN "'-./~ ]~PRjVED A~'~TQ': FYORM This ordlnnnc~ S ASSISTANT COUNTY ATTORNEY PUD-96-5 ORDINANCE/16757 -2- JACIkRANDA CENTER A PLANNED UNIT DEVELOPMENT PREPARED FOR: RAICHERT, DAMICO, SWTRDA, SWEENEY, COTTONGIM & SKIDMORE CIO ATTORNEY DAVID RYNDERS 305 WEDGE DRIVE NAPLES, FL 34103 PREPARED BY: WILUAM I_ HOOVER, AICP HOOVER PLANNING SHOPPE 2223 TRADE CENTER WAY NAPLES, FL 34109 and MICHAEL J. LANDY, P.E. BUTLER ENGINEERING, INC. 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 DATE FILED February 16, 19S6 DATE REVISED December 5. 1996~ DATE REVT~NED BY CCPC Decembar 5, 1996. DATE APPROVED BY BCC 1/14/97 ORDINANCE NUMBER 9'7-4 TABLE OFCONTENTS PAGI~ TABLE OF CONTENTS i LIST OF EXHIBITS ' ii STATEMENT OF CdMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 4 SECTION III COMMERCIAL AREAS PLAN 6 SECTION IV DEVELOPMENT COMMITMENTS 12 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN/WATER MANAGEMENT PLAN EXHIBIT B VICINITY MAP EXHIBIT C SURVEYrrOPOFcXISTING LAND USE EXHIBIT D ,~,ERIAL PHOTOGRAPH/SOILS MAP EXHIBIT E ~ERV1CES AND SHOPPING FACILITIES MAP EXHIBIT F ,~;IMILAR ARCHITECTURAL STYLES EXHIBIT G SIMILAR ARCHITECTURAL STYLES ii STATEMENT OF COMPUANCE The development of approximately 1.5 acres of property in Collier County. as a Planned Unit Development to be knov, f~ as Jacaranda Center PUD will be in compliance with the planning goals and objectives of Collier County as set fodh in the Collier County Growth Management Plan and the Golden Gate Area Master Plan. The commercial facilities of the Parkway Promenade PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the foil,owing reasons: 1. The subject property is within the Golden Gate Pad<way Professional Office Commercial qistrict Land Use Designation as identified on the Golden Gate Area Future :Land Use Map as described in the Land Use Designation Description S~ction of the Golden Gate Area Master Plan. The Golden Gate Area Master Plan permits commercial land uses in this area. 2. The subject properly is located at the northeast comer of the intersection between Golden Gate Parkway and 55th Street Southwest. This strategic location allows the site superior access for the location of low intensity commercial and professional office land uses, as permitted by the Golden Gate Area Master Plan. 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. The project development will assist in enhancing quality of life by improving the aesthetics of the project's neighborhood as described in Objective 1.4 of the Golden Gate Area Master Plan. 6. The project development is planned to protect the functioning of natural drainage features and natural groundv, rater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The project shall be in compliance with ell applicable County regulations including the Growth Management Plan. 8. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 1.2.1 of the Golden Gate Area Master Plan. 1 SECTION I PROPERTY OWNERSHIP AND DESCR|PTION 1.1 P~JRP0SE The purpose 'of this Sealion is to set forth the location and ownership of the property. and ,to describe the existing conditions of the properly proposed to be developed under the project name of Jacaranda Center PUD. 1.2 LEGAL DESCR!PT!ON The subjed property being 1.5 acres, and located in Section 28, Township 49 South, and Range 26 East, is described as: Lots 28 -31, inclusive and the southerly 1/'2 of the vacated 20 foot alley. Block 219, Golden Gate Unit 6, as recorded in Plat Book 5. Pages 124 through 134, of the Public Records of Collier County, Florida. 1.3 PR.0PER. Ty OWNERSHIP The subject property is owned by Davidsons, Damico, Swirda. Sweeney, Cottongim. and Skidmore, more specifically described below as: Lot 28, by Leonard and Wanda Raiched, 5349 Golden Gate Parkway Suite B, Naples, Florida 34116. Lot 29, 1/2 by Darryl J. and Carmel J. Damico, 2121 C.R. 951. Suite 103. Naples, Florida 34116 and 1/2 by Leonard L. and Lisa C. Swirda and Janice Sweeney. P.O. Box 8532, Naples. Florida 33941. Lot 30 by Cottongim Realty and Development Company Trust, Attention: Virgil L. Cottongim, President. 2301 C.R. 951, Naples, Florida 34116. Lot 31 by Sid A. Skidmore, 4226 Ellington Avenue, Western Springs, Illinois 60558. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast corner of the intersection between Golden Gate Parkway and 55th Street Southwest, in Golden Gate City (unincorporated Collier County), Florida. B. The 3 western lots are currently vacant. The eastern lot has a 2-unit condominium, that the property owners currently reside at. The entire project site currently has RMF-12 Zoning end is proposed to be rezoned to PUD. 2 1.5 PHYS.!CAL DE${~RIP.TION The project site is located within the Main Golden Gate Canal Sub-Basin. Water from the site would flow south via a system of pipes and small canals to the Main Golden Gate Canal, southerly into the Gordon River, and finally into Naples Bay. Water Management for the proposed project is planned to be "water quality treatment". ' Elevations within the project site range from 9.3 feet to 12.2 feet, with a majority of the site between 10 and 12 feet. All of the site is within Flood Zone "X" per Flood Insuranere Rate Map Panel#120067 0415 D. the subject property Is Urban Land Ma~lancha Limestone Substr~um Boca Complex. The lots have been previously filled and the project is composed mostly of grass and weeds. 1.6 PRO,,IE(~T DESCRIPTION The Jacaranda Center PUD will include a mixture of professional offices and low-intensity commercial uses. The Jaceranda Center PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Master Plan is iljustrated graphically on Exhibit "A". PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. 1.7 ..S.H_ORT TITLE This Ordinance shall be known and cited as the "Jacaranda Center Planned Unit Development Ordinance". e 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 pURPOSE The purpose of this Sealion is to delineate and generally describe the project plan of dev~Jtopment, relationships to applicable County ordinances, the respedive land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regula!ions for development of Jacaranda Center shall be in accordance with the contents of this document; Golden Gate Parkway Professional Office Commercial Overlay District, PUD-Planned Unit Development District, and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. VVhere these regulations fail to provide de~,elopmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of Jacaranda Center shall become part of the regulations which govern the r~ianner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subjed to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 4 2.3 DESCRIPTION OF PROJECT P.LAN AND PROPOSED LAND USES A. The project Master Plan, including the cross-access easement across the subject pre-perty. is iljustrated graphically by Exhibit "A", PUD Master Plan. B. Minor modifications to Exhibit "A", may be permitted at the time of Site DevetolSment Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A". easeme, nts such, as (utility, private, semi-public, etc.) shall be established and/or v. acated within or along the four (4) lots, as may be necessary. 2.4 RELATED PROJECT PLAN APPROVA.L. REQUIREMENTS A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MAST_ER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 5 SECTION III COMMERCIAL AREAS PLAN 3.1 PURP0,SE The purpose of this Section is to identify specific development standards for the entire site as ~hown on Exhibit "A", PUD Master Plan. 3.2 GENERAL DI~SCRIPTION Areas design~lted on the PUD Master Plan are intended to provide professional offices and Ioy/intensity commercial land uses. The 1.5 acre site is located at the northeast .comer of the intersection between Golden Gate Parkway and 55th Street Southwest. It is also within the Golden Gate Parkway Professional Office Commercial District. 3.3 PERMITrED USES No building, structure or part thereof, shall be erected, altered or used, or land used. in whole or part. for other than the following: A. Permitted Principal Uses and Structures: 1. Accounting, Auditing, and Bookkeeping Services (group 8721 ). 2. Business Services (groups 7311, 7313. 7322-7331. 7335-7338, 7361, 7371, 7374-7376. 7379). 3. Depository Institutions (6021-6062). 4. Eating Places [group 5812 (except carry-out restaurants; contract feeding; dinner theaters; drive-in and drive-through restaurants; fast food restaurants; restaurants, carry-out; restaurants, fast-food; submarine sandwich shops)]. 6. Health Services (groups 8011 .-8049). 7. Holding and Other Investment Offices (groups 6712-6799). 6 8. Insurance Carrier, Agents and Brokers (groups 6311-6399, 6411 ). 9. Legal Services (group 8111 ). 10. Management and Public Relations Services (groups 8741-8743, 8748). 11. Membership Organizations (groups 8611, 8621 ). 12. I~useums and Art Galleries (group 8412). 13. N, ondepository Credit Institutions (groups 6141-6163). 14. ~ersonal Services (groups 7221. 7291 ). 15. Public Administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532. 9611-9661 ). 16. Real Estate (groups 6512-6514, 6519, 6531-6553). 17. Research, Development and Testing Services (group 8732). 18. Security and Commodity Brokers, Dealers, Exchanges, and Services (groups 6211-6289). 19. Transportation Services (group 4724). 20. Veterinary Services [group 0742 (excluding outside kenneling)]. 21. Any other commercial use or professional service which is comparable in nature with the foregoing uses. B. Accessory Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 3.4 DEVELOPMENT $TANDARD,~ A. Minimum Lot Area: Ten thousand (10,000) square feet. 7 B, Minimum Lot VV~dth: One hundred (100) feet. C. Minimum yards: (1) Principal structures: (~a) Front Yards Along Golden Gate Pardray - Forty (40) feet, except for the existing structure on Lot 28 which shall be thirty. one (31) feet. Front Yard Along 55th Street SW - Twenty-five (25) feet, (c) Side Yards Between Tw~ (2) Lots VV~thin the PUD - Ten (10) feet unless attached. (d) Side Yard Along Eastern PUD Boundary - Ten (10) feet. (e) Rear and Side Yards Along Northern PUD Boundary - Twenty-five (25) feet, (2) Accessory Structures: (a) · Setbacks shall be as required by' Division 2.6.2 of the Land Development Cede in effect at time of building permit application, except small, architecturally designed canopies, intended to provide shelter from the sun and rain for pedestrians within Pedestrian Pockets, shall be setback ten (10) feet from all external boundaries of the PUD. D. Distance Between Principal ~tructures: Twenty (20) feet unless attached. E. Minimum Floor Area: One thousand (1,000) square feet for the principal structure on the first habitable floor. F. ,Maximum ~ 8 For prindpal structures twenty-five (25) feet plus ten (10) feet for any parking beneath the structures. G. Off-Street Parking and Loadin~l Requirements: (1) As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. (2) ~;hared parking shall be allowed per Section 2.3.5 of the Land Development Code. In Section 2.3.5.6.7 the proposal would need to be consistent with the Golden Gate Area Master Plan instead of t,he Future Land Use Element. H. OPen Sbace Requirements: A minimum of thirty (30) percent open space, as described in Section 2.2.20.3.5 of the Land Development Code, shall be required for each parcel of land at lhe time of Site Development Plan approval for such pcrcel. I. LandScapin.q and Bufferin.q Requirements; (1) A ten (10) foot wide Buffer "X" shall be constructed around the perimeter of the entire PUD, excluding driveways and sidewalks perpendicular to the adjacent road right-of-ways. Additionally, if a cross-access easement is extended onto Lot 27 (abutting lot to the east of the subject PUD) such Buffer "X" may be eliminated on Lot 28 adjacent to the vehicular use area on Lot 28. Such Buffer "X" shall require one (1) shade tree per every twenty (20) linear feet and a double hedge row along its entirety, except along the eastern boundary of the PUD where hedge rows are not required. Along the northern boundary of the PUD a fence or wall shall be constructed, that is at least six (6) feet in height with a single hedge row on each side of the fence or wall. Fences and walls shall meet the requirements of Section 2.6.11 of the Land Development Code. Such fences shall be wooden, be at least 95% opaque, and be designed and maintained to provide an attractive appearance on both sides. Such walls shall be architecturally finished, painted, and maintained on both sides. Twenty-five (25) percent of such shade trees shall be a minimum of ten (10) feet in height, with a four (4) foot spread, and a one and three-quarter (1.75) inch callper at time of planting, that will have a minimum canopy of F~een (15) feet at time of maturity. The remaining shade trees shall be a minimum of eight (8) feet in height, with a three (3) 9 foot spread, a caliper of one and one-half (1.5) inches at time of planting, that will have a minimum canopy of fifteen (15) feet at maturity. All shrubs shall meet the requirements for shrubs as described in Section 2.4.4 of the Land Development Code. (2) Buffering shall not be required between lots internal to the PUD. (3) /t minimum of ten (10) percant of the gross vehicular use area shall b,e landscaped to provide visual relief. Required trees within the Parking Lot (Intemal) Landscaping Areas shall be one (1) tree per seventy-five (75) square feet of Internal Landscaping Areas. T, hese trees shall be a minimum of eight (8) feet in height with a m, inimum caliper of one and one-half (1.5) inches at time of p. lanting and have a minimum canopy of fifteen (15) feet at maturity. All other requirements of Section 2.4.5 of the Land Development Code shall apply. (4) For building perimeter landscaping, each building shall have one (1) tree. four (4) shrubs, and twenty (20) square feet of planting area for each two hundred (200) square feet of first floor building area. These trees and plantings shall be planted in the areas adjacent to such buildings. The trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and one-half (1.5) inches at time of planting and have a minimum canopy of fifteen (15). feet at time of maturity. Planting areas shall consist of landscaped areas, raised planters or planter boxes with a minimum of one (1) flower or shrub for each ten (10) square feet of planting area. (5) At the time of Preliminary Site Development Plan Application, the site plan shall show a Front Pedestrian Pocket for each platted lot, plus any fraction greater than one-half (1/2) of a platted lot, located within such application. Additionally, such site plan shall show a Rear Pedestrian Pocket for each platted lot with a principal structure located on such application. (a) Front Pedestrian Pockets, at a minimum, shall provide the following: two (2) park benches; two (2) trees and six (6) shrubs that are not counted towards any other landscaping requirements; a brick, paver block or Bomanite (brick or stone design) sidewalk leading from the sidewalk along Golden Gate PadG. vay; and one (1) architecturally designed light post not exceeding sixteen (16) feet in height; all 10 located within a minimum area of four hundred (400) square feet. The areas not utilized for these requirements, or similar pedestrian amentiles, shall be landscaped. The trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and one-half (1.5) inches at time of planting, that will have a minimum canopy of frrteen (15) feet at maturity. (,b) Rear Pedestrian Pockets, at a minimum, shall provide the following: two (2) park benches; two (2) trees and six (6) shrubs that are not courtled towards any other landscaping , requirements; a brick, paver block or Bomanite (brick or ! stone design) sidewalk leading from the adjacent building to '; the park benches; and one (1) architecturally designed light fixture attached to the building or on an architecturally designed light post not exceeding sixteen (16) feet in height; all located within a minimum area of three hundred (3(X)) square feet. The areas not utilized for these requirements, or similar pedestrian amentries, shall be landscaped. Such minimum area shall be located adjacent to a building. The trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and one-half (1.5) inches at time of planting, that will have a minimum canopy of fifteen (15) feet at maturity. (6) Architecturally designed lighting, not exceeding sixteen (16) feet in height, shall be provided along the rear of the lots, without creating glare on adjacent residential properties. J. Signs (1) A project sign for the entire project shall be limited to one (1) sign not to exceed twenty (20) square feet and six (6) feet in height. Ihat is setback a minimum of fifteen (15) feet from the right-of-way. No flashing or mechanical signs shall be allowed. (2) Wall, mansard. canopy or awning signs are permitted, as provided in Section 2.5.8. 1.3 of the Land Development Code. (3) Exceptions to these sign restrictions are those signs permitted under Section 2.5.5 Signs Exempt From Permitting of the Land Development Code. 11 SECTION N DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose Of this Sealion is to set fodh the regulations for the development of this projed. , 4.2 GENERAL All facilities '!shall be constructed in stdd accordance with Final Site Development .~lans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where spedtic. ally noted or stated otherwise, the standards and specifications of the official County Land Development Cede shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall 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, the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 4.3 pUD MASTER PLAN A. Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or spedal land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the projed. 12 4.4 SCHEDULE OF DEVELOPMENT/MONITORING RE, POInT A Site Development Plan shall be submitted per County regulations in effect at time of sile plan submittal. The project is proposed to be completed in four (4) phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monito~in~ Repod: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 ENGINEERIN~ This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 4.6 WATER MANAGEMENT In accordance with the rules of the South Florida Water Management District (SFWMD) Chapters 40E-4 and 40E-40, this project shall be designed for water quality. Collier County Ordinance No. 90-10 requires a minimum of one (1) inch of water quality pre-treatment over the entire site. 4.7 UTILITIES A. Availability letters and construction plan approval from Florida Cities shall be provided prior to Final Subdivision Plat or Site Development Plan approval. B. The existing structure on Lot 28 shall be connected to public sewer prior to the owner obtaining Certificate of Occupancy for any conversion of this structure from the current residential use 1o a commercial or office type use. Within the earlier of three (3) years from the date of approval of this PUD by the Board of County Commissioners or simultaneously with the timing that public water mains are constructed on the northern side of Golden Gate Parkway adjacent to any lot within the Jacaranda Center PUD (whichever is earlier), and such water is available 1o the Lot 28 structure per Florida Cities Utilities. the owners of Lot 28 shall convert their internal water supply from their existing private walls to public water, if the Lot 28 structure is being utilized for commercial or office uses. 13 4.8 TRAFFI(;; A. The applicant simll install artedal level street lighting at the project entrance during construction of the commercial access that serves the PUD. If the timing of the commercial access construction is such that the County will be making improvements to Golden Gate Parkway, which improvements include street lighting, prior to such commercial access constru,ction, the applicant shall be relieved of this requirement. B. County Ordinance 93-64, Work Within the Right-of-Way, requires that all comme,rcial accesses on multi-lane divided roadways provide right turn lanes into the development. In concert with that Ordinance requirement, this Di~Jjsion will require a right turn lane into the site, located within the right-of'way, prior to granting the first Certificate of Compliance on any commercial building that this access will serve. C. Based upon public safety considerations as identified by the County Traffic Engineer, the applicant has requested that staff permit a larger curb radius to radiitare traffic entering the main roadway, in lieu of providing an acceleration lane. The final design parameters of this curb radius will be determined at the Site Development Plan (SDP) stage. E. A 'fair share' contribution toward a traffic signal system shall be provided by the developer if and when such signal system is warranted nearby the project entrance or at such other location as to create a direct benefit to the subject property. Warrants for the installation of a signal system shall be solely determined by the County. The County shall own, operate and maintain such signal system. F. This project shall be classified as CategoW 2I, Office: 50,000 square feet or less, for road impact fee purposes. Howaver, if any podion of the space is to be used as a medical office or clinic, then that portion shall be assessed as Category 26, Medical Office. 4.9 PLANNING A. During the Site Development Plan review process the developer shall provide architectural. drawings indicating that all proposed buildings will have a similar architectural style with Exhibits "F" or "G" of this PUD Document. Such architectural drawings shall also show that these buildings will have stucco except for decorative trim, pastel colors, and tile roofs. In instances where tile roofs are not provided, decorative parapet 14 walls shall be constructed above the roof line. The existing structure on Lot 28 shall have a new tile roof or a simulated tile roof, whose material is acceptable to the Development Services Director. installed within three (3) years from the date that the next commercial building permit is issued within the PUD, or when a new roof is installed upon the structure, whichever is sooner. B. The e~isting residential structure on Lot 28 shall be converted to a professional office or light commercial land use through the Site Development Plan process, as described in Division 3.3 of the Land Development Code, within three (3) years from the date that the next commercial building permit is issued within the PUD for a commercial or office building or when the owner(s) convert the existing residential structu~:e into a commercial/office use, whichever comes first. The conversion shall bring the site and building into compliance with the architectural and site design standards set forth heroin, except for the temporary tile roof deferment described in Section 4.9A. of this PUD Document. Additionally. all residential structures remaining after eighteen (18) months from the date of this next commercial building permit date of issuance, shall be modified before this eighteen (18) month period elapses. Such medi~cetion shall include: a six (6) foot high opaque buffer around all trash storage areas, a fresh coat of exterior building paint to color coordinate the existing building with the new office/light commercial building, and the planting of an additional six (6) trees and. a hedge row around the existing parking lot. These improvements shall be provided by the owner of the existing residential building. Such additional trees shall be a minimum of eight (8) feet in height, with a minimum celiper of one and one-half (1.5) inches at time of planting, that will have a minimum canopy of f~een (15) feet at maturity. Such shrubs shall be a minimum of two (2) feet in height at time of planting. C. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological arttract is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Compliance Services Department O contacted. 15 EXHIBIT "B" V/CINI TY MAP N % d o .5 w E , I ~ ,' I s Mile Pinft Rid9~ ¢reen Bl~ .... . Oo~s EXHIBIT "D" AERIAL PHOTOGRAPH/SOILS MAP SERVICES AND SHOPPING FACILITIES MAP EXHIBIT "F" EXHIBIT "G" I f.l':" . .~) *.,~11 KI ,Kk" PUMPS STATE OF FLORIDA) COUNTY OF COLLIER)' I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, qollier County, Florida, do hereby certify that the foregoing is a tru~ copy of: ORDINANCE NO. 97-4 Which was adopted by the Board of County Commissioners on the 14th day of January, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of January, 1997.