Ordinance 97-73 ORDINANCE 97- 73
.o. = AN ORDINANCE AMENDING ORDINANCE NUMBER
.x~,St'~''.'. 91-102, THE COLLIER COUNTY LAND DEVELOPMENT
I1"~ ~l ",~- CODE, WHICH INCLUDES THE COMPREHENSIVE
; ZONING REGULATIONS FOR THE UNINCORPORATED
/~ %~ ~"=:~ '.' AREA OF COLLIER COUNTY, FLORIDA, BY
i~.; ~: AMENDING THE OFFICIAL ZONING ATLAS MAP
°~B°~6 ~.; NUMBERED 8630N BY CHANGING THE ZONING
. c-~.' CLASSIFICATION OF THE HEREIN DESCRIBED REAL
,-"~/' PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT
· '=' DEVELOPMENT KNOWN AS DONOVAN CENTER, FOR
= -. ~.-;.~ -,.~]7...!'!::
....... PROPERTY LOCATED AT THE SOUTHWEST
INTERSECTION OF INTERSTATE 75 AND IMMOKALEE
ROAD (C.R. 846) IN SECTION 30, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY
FLORIDA, CONSISTING OF 47.0 ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 90-84, AS AMENDED, THE FORMER
DONOVAN CENTER PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Karen K. Bishop of PMS0 Inc., of Naples, representing Mr.
William Schweikhardt, 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 30, Township 48 South, Range 26 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 8630N, as described in Ordinance Number 91-102,
the Collier County Land Development Code, are hereby amended accordingly.
SECTION TWO:
Ordinance Number 90-84, as amended, know71 as the Donorart Center PUD,
adopted on November 27, 1990 by the Board of County Commissioners of
~ollier County, is hereby repealed in its entirety.
SECTION THREE:
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 '-~J' day of ;/~z..0,.~,/,,J, 1997.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
/4/;: -, ("] · ,~. ,' ' ': ' BY:
' T . HA/qCOCK, CHAIRMAN
PPROVED AS TO FORM AND
LEGAL SUFFICIENCY
"" ' This oralIncite flied w|ih the
7k~4x,~,,~. ~. ~g_~.6y_~-;~ Secretary
MAR~T~tFI'E M. STUDENT ' L4~day
and acknowtedgement
ASSIST~T CO~TY ATTORNEY filing celved
of --,
f/P~-89-19 (1)/Ordinance
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
DONOVAN
A PLANNED RESIDENTIAL COMMUNITY
Prepared by:
PMS, Inc. of Naples
2335 Tamiami Trail N. #303B
Naples, Florida 34103
Date Reviewed by CCPC:
Date Approved by BCC:
Ordinance Number.
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE 1
SECTION I Property Ownership & Description 3
SECTION II P.roject D, evelopm~,nt 5
SECTION III Residential District 10
SECTION IV Community Commercial District 13
SECTION V Reserve District 17
SECTION VI General Development Commitments 19
LIST OF EXHIBITS
EXHIBIT 'A" PUD Master Plan / Water Management Plan
STATEMENT OF COMPLIANCE
The development of approximately 47+/- acres of property in Section 30, Township 48 South,
Range 26 East, Collier County, as a Planned Unit Development to be known as Donovan Center
PUD will be in compliance with the planning goals and objectives of Collier County as set forth in
the Collier County Growth Management Plan. The commercial and multi-family facilities of the
Donovan Center PUD will be consistent with the growth policies, land development regulations,
and applicable comprehensive planning objectives for the following reasons:
1. The subject property is within the southwest quadrant of the 1-75 / Immokalee Road
Interchange Activity Center Land Use Designation as identified on the Future Land Use
Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in
the Future Land Use Element (FLUE). The Future Land Use Element permits commercial
and multi-family land uses in this area. This strategic location allows the site supedor
access for the location of highway interchange commercial and multi-family uses.
2. The subject property's location in relation to existing or proposed community facilities and
services permits the development's intensity of land use as required in Objective 2 of the
Future Land Use Element.
3. The project development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
4. The project shall be in compliance with all applicable County regulations including the
Growth Management Plan.
5. All final 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 3.1 of the
Future Land Use Element.
6. The project provides an interconnect with the Stiles PUD to the west. This access point
will provide a future connection with the future traffic signal on Immokalee Road as
designated on the Collier County Access Management Plan, as described in Policy 4.4 of
the Future Land Use Element.
7. Group Housing, which includes adult living facilities and nursing homes, is permitted in the
Urban Designated Area per Policy 5.8 of the Future Land Use Element.
8. Donovan Center 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. The project will be served by a complete range of services and utilities as approved by the
County.
10. The proposed density of Donovan Center is 7.0 dwelling units per acre which is permitted
by the FLUE Density Rating System and is therefore consistent with Future Land Use
Element Policy 5.1. The entire subject property qualifies for a base density of four
dwelling units per acre, The subject property also is within a one mile radius of the activity
center qualifying the project for an additional 3 dwelling units per acre. The project also
provides an interconnect with the project to the west and to the east and is
therefore. consistent with Policy 4.4 of the Future Land Use Element.
2
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
name of Donorart Center PUD.
1.2 LEGAL DESCRIP__TION
A parcel of land located in the North % of Section 30, Township 48 South, Range 26 East,
Collier County, Flprida, being more particularly described as follows:
Commence at the Northwes~ comer of Section 30, Township 48 South, Range 26 East,
Collier County, Florida, the same being a point on the Northerly right-of-way line or
Immokalee Road, C.R. #846 a 100.00 foot right-of-way; thence run South 88 24' 18" East
along the North line of the Northwest quarter of the said Section 30 and along said
right-of-way line for a distance of 1980.23 feet to the Northwest comer of the East half of
the East half of the Northwest quarter of the said Section 30; thence run South 00 31' 31"
East along the West line of the East half of the East half of the Northwest quarter of the
said Section 30 for a distance of 113.85 feet to a point on the Southwesterly right-of-way
line of S.R. #93 (Interstate 75) and the POINT OF BEGINNING of the parcel of land herein
described; thence continue S. 00 31' 31" East along the West line of the East half of the
East half of the Northwest quarter of the said Section 30 for a distance of 2556.01 feet to
the Southwest comer of the East half of the East half of the Northwest quarter of the said
Section 30; thence run South 88 23' 44" East along the South line of the Northwest
quarter of the said Section 30 for a distance of 659.84 feet to the Southeast corner of the
Northwest quarter of the said Section 30; thence run North 00 31' 12" West along the East
line of the Northwest quarter of the said Section 30 for a distance of 1334.98 feet to the
Nodheast comer of the East half of the Southeast quarter of the Northwest quarter of the
said Section 30; thence run South 88 24' 36" East along the South line of the Southwest
quarter of the Southwest quarter of the Nodhwest quarter of the Northeast quarter of the
said Section 30 for a distance of 330.22 feet to the Southeast comer of the West half
of the West half of the Northwest quarter of the Northeast quarter of the said Section 30;
thence run North 00 31' 40" West along the East line of the West half of the West half of
the Northwest quarter of the Northeast quarter of the said Section 30 for a distance of
1001.30 feet to the Southeast comer of the Northwest quarter of the Northeast quarter of
the said Section 30; thence run North 88 25' 16" West along the South line of the
Northwest quatier of the Northwest quarter of the Northwest quarter of the Northeast
quarter of the said Section 30 for a distance of 100.07 feet to a point 100.00 feet West of,
as measured at dght angles to, the East line of the Northwest quarter of the Northwest
quarter of the Northwest quarter of the Northeast quarter of the said Section 30; thence
run North 00 31' 40" West, parallel with the East line of the Northwest quarter of the
Nodhwest quarter of the Northwest quarter of the Northeast quarter of the said Section 30
for a distance of 193.66 feet to the Southwesterly
3
right-of-way line of S.R. #93 (Interstate 75); thence run North 88 25' 29" West along said
right-of-way line for a distance of 346.14 feet; thence run Nodh 85 38' 38" West along
said right-of way line for a distance of 545.52 feet to the POINT OF BEGINNING.
Containing 47.07 acres, more or less.
Subject to easements, reservations or restrictions of record.
Bearings refer to an assumed bearing of S. 88 24' 18" E. along the North line of the
Northwest ¼ of Section 30, Township 48 South, Range 26 East, Collier County, Flodda.
(LEGAL DESCRIPTION IS BASED UPON THE BEARINGS AND DISTANCES FROM A
BOUNDARY SURVEY BY ROBERT SOUTH, FL L.S. #2668.)
1.3 PROPERTY OWNERSHIP
The subject prope'rty is currently owned by Traders Unlimited of Naples, Inc., The Mutual
Funding Realty of Florida, and Walter T. Donovan, Trustee.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located at the Southwest intersection of Interstate 75 and
Immokalee Road (C.R. 846) of unincorporated Collier County, Florida. The subject
property is located within an Interchange Activity Center as designated on the
Future Land Use Map.
B. The property is currently vacant. The entire site currently has PUD zoning.
1.5 PROJECT DESCRIPTION
The Donovan Center PUD will include a mixture of land uses for commercial, residential,
hotel/motel and group housing. The Donovan 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 master plan.
1.6 SHORT TITLE
This Ordinance shall be known and cited as the "Donovan Center Planned Unit
Development Ordinance."
4
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of
the tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the Donovan Center PUD shall be in accordance
with the contents of this document, PUD-Planned Unit Development District,
applicable sections and pads of the Collier County Land Development Code and
Collier County Growth Management Plan in effect at the time of local final
development order or ;::,jilding permit application. VVhere these regulations fail to
provide developmental 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
date of adoption of this PUD.
C. All conditions imposed and graphic material presented depicting restrictions for the
development of the Donovan Center PUD shall become part of the regulations
which govern the manner in which the PUD site may be developed.
D. Unless specifically waived through any vadance or waiver provisions from any other
applicable regulations, the provisions of those regulations not otherwise provided
for this PUD remain in full force and effect.
E. Development permitted by the approval of this petition will be subjected 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.
2.3 pROJECT PLAN AND pROPOSED LAND USES
A. The project Master Plan is iljustrated graphically by Exhibit "A', PUD Master Plan.
B. Minor modifications to Exhibit "A' may be permitted at the time of Site
Development 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.
5
C. In addition to the various areas and specific items shown in Exhibit "A", easements
(such as utility, private, semi public, etc.) shall be established and/or vacated within
or along the properly, as may be necessary.
2.4 LAND USE
A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Except as otherwise provided within this PUD Document, 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 o!her 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 MASTER PLAN
Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier
County Land Development Code.
2.6 MODEL HOMES
Model Homes and Model Home Sales Centers shall be permitted as provided for in
Section 2.6.33.4 of the Collier County Land Development Code.
2.7 LIMITATIONS OF PLANNED UNIT. DEVELOPMENT APPROVAL
This PUD is subject to the sunsetting provisions as provided for within Article 2, Division
2.7, Section 2.7.3.4 of the Collier County Land Development Code.
2.8 PUD MONITORING
An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section
2.7.3.6 of the Collier County Land Development Code.
2.9 DEDICATION AND MAINTENANCE OF FACILITIES
The Developer shall create appropriate property ownership association(s) which will be
responsible for maintaining the roads, streets, drainage, common areas, and water and
sewer improvements where such systems are not dedicated to the County.
6
2.10 OPEN SPACE REQUIREMENTS
A minimum of thirty percent (30%) of the project's gross area shall be devoted to
open space. pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County
Land Development Code. The total project is 47 +/- acres requiring a minimum of
14 acres to be retained as open space throughout the Donovan Center PUD.
This requirement shall not apply to individual development parcels.
2.11 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land
Development Code, 25% of the viable naturally functioning native vegetation on site shall
be retained.
2.12 POLLING PLACES
Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land
Development Code, accommodation shall be made for the future use of building space
within common areas for the purposes of accommodating the function of an electoral
polling place.
2.13 SIGNS
Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land
Development Code.
2.14 LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the
Collier County Land Development Code may be reduced with the administrative approval
of the Collier County Engineering Review Manager. All lakes greater than two (2) acres
may be excavated to the maximum commercial excavation depths set forth in Section
3.5.7.3.1; however, removal of fill from Donovan Center shall be limited to an amount up
to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated
unless a commercial excavation permit is received.
2.15 EXCAVATION AND VEGETATION REMOVAL
A. Improvement of property shall be prohibited pdor to issuance of a building permit
No site work, removal of protected vegetation, grading, improvement of property or
construction of any type may be commenced pdor to the issuance of a building
permit where the development proposed r~;.1:Jires a building permit under the Land
Development Code or other applicable County regulations. Exceptions to this
requirement may be granted by the Community Development and Environmental
Services Administrator for an approved Subdivision or Site Development Plan to
provide for distribution of fill excavated on site or to permit construction of an
approved water management system, to minimize stockpiles and hauling off-site or
to protect the public health, safety and welfare where deadng, grading and filling
7
plans have been submitted and approved meeting the standards of Section
3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted upon
receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the
Land Development Code.
B. A site clearing, grading, filling and revegetation plan where applicable shall be
submitted to the Community Development and Environmental Services
Administrator or his designee for review and approval prior to any clearing, grading
or filling on the property. This plan may be submitted in phases to coincide with the
development schedule. The site clearing plan shall clearly depict how the
improvement plans incorporate and retain native vegetation. The site spedtic
clearing, grading, and filling plan for a Subdivision or Site Development Plan may
be considered for review and approval under the following categories and subject
to the following requirements:
1. Rer~oval of exotic vegetation is permitted upon receipt of a vegetation
removal permit pursuant to Division 3.9. Additional site alteration may be
permitted or required to stabilize and deter reinfestation by exotics subject to
the following:
a. Provision of a site filling and grading plan for review and approval by
the County;
b. Provision of a revegetation plan for review and approval by the
County;
c. Payment of the applicable review fee for site alteration plan review.
2. Site filling exceeding 25 acres to propedy utilize fill generated on site, but
which does not require the removal of more than 25 acres of protected
vegetation, may be approved by the Community Development and
Environmental Services Administrator subject to submission of the following:
a. A site deadng plan shall be submitted for review and approval that
shows the acres to be cleared. A minimum of 25% of the natural
functioning vegetation shall be retained.
b. The applicant shall submit a detailed description of the fill and site
work activity including a plan indicating fill placement locations and
O depths, grading plan and water management improvements.
c. The applicant shall submit a detailed revegetation plan including a
cost estimate. The cost estimate shall include the cost of grading.
revegetation and yearly maintenance cost and a time specific
schedule on completion of the revegetation work.
8
d. The permittee shall post a surety bond or an irrevocable standby
letter of credit in an amount of 110% of certified cost estimate as
previously detailed including the maintenance cost for 3 years. The
amount of the security may be reduced upon completion of the
approved revegetation plan and upon occupation of the site. A
separate security will not be required if such costs are included in
subdivision security.
3. A vegetation removal permit is not required for the removal of protected
vegetation pdor to building permit issuance if the conditions set forth in
Division 3.9 of the Land Development Code have been met.
2.16 ARCHITECTURE AND SITE DESIGN
All buildings, signage, lighting, landscaping and visible architecture infrastructure shall
have a similar ar~itectural theme and be aesthetically unified. Said unified architectural
theme shall include: a simile: architectural design and use of similar materials and colors
throughout all of the buildings, signs, and walls to be erected on the site. Landscaping
and streetscape materials shall also be similar in design throughout the site. A conceptual
design master plan shall be submitted concurrent with the first application for Site
Development Plan approval demonstrating compliance with these standards. All
commercial buildings shall comply with Division 2.8 of the Collier County Land
Development Code (Architectural and Site Design Standards and Guidelines) prior to
issuance of a building permit.
9
SECTION III
RESIDENTIAL DISTRICT
3.1 pURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within Donovan Center PUD designated on Exhibit "A", PUD Master Plan as
'Residential".
3.2 MAXIMUM DWELLING UNITS
A maximum number of 140 residential dwelling units may be constructed on lands
designated "Resiclential" on the PUD Master Plan.
3.3 GENERAL DESCRIPTION
A. Areas designated as "Residential" on the PUD Master Plan are designed to
accommodate multi-family residential dwelling units, Adult Congregate Living
Facilities, associated recreational facilities, essential services. and customary
accessory uses.
B. The approximate acreage of "Residential' district is twenty (20) acres. Actual
acreages of all development tracts will be provided at the time of Site Development
Plan approval in accordance with Division 3.3 of the LDC. Residential tracts are
designed to accommodate internal roadways, open space, parks, amenity areas,
lakes and water management facilities, and other similar uses found in residential
areas.
3.4 PERMITrED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered, or used, or land or water
used, in whole or part, for other than the following:
A. Principal Uses
1. Multi-family dwelling units.
2. Assisted Living Facilities pursuant to Section 2.6.26 CCLDC.
3. Guard houses and entrance gates.
4. Recreational facilities that serve the residential development including but
not limited to tennis courts, pools, pool cabanas, clubhouses or gazebos
and tot lots.
5. Any other principal use which is comparable in nature with the foregoing
uses.
10
B. Accessory Uses
1. Uses and structures that are necessary and incidental to uses permitted as
a right including, but not limited to, garages and carports.
2. Parks, passive recreational areas, boardwalks, observation platforms.
3. Biking, hiking, health and nature trails.
4. Water management facilities and lakes, including lakes with seawall and
other types of architectural bank treatment, and essential services.
5. Recreational shelters, restrooms, off-street parking, lighting and signage.
3,5 DEVELOPMENT STANDARDS
A. Minimum Lot Area
One (1) acre.
B. Minimum Lot Width
One hundred (100) feet.
C. Minimum Yards
1. Principal Structures.
a. Front yard - Twenty-five (25) feet.
b. Rear yard - Twenty-five (25) feet.
c. Side yard - Fifteen (15) feet.
d. Reserve area - Fifteen (15) feet.
2. Accessory Structures
Setbacks shall be as required by Division 2.6.2 of the Land Development
Code in effect at the time of building permit application.
D. Distance Between Principal Structures
The distance between any two principal structures on the same parcel shall be
fifteen (15) feet or a distance equal to one-half the sum of their heights, whichever
is greater. For accessory structure yards, see Division 2.6.2 of the Land
Development Code.
E. Minimum Floor Area 1. Efficiency - 450 square feet.
2. One bedroom - 600 square feet.
3. Two or more bedrooms - 750 square feet.
11
F. Maximum Height
Three (3) Stories above Mean Flood Elevation
G. Landscaping and Parking
Landscaping and off-street parking shall be in accordance with the Collier County
Land Development Code, as amended.
H. General Application for Setbacks
Front yard setbacks shall comply with the following:
1. If the parcel is served by a public or private right-of-way, the setback
is measured from the adjacent right-of-way.
2. If the parcel is served by a non-platted private ddve, the setback is
' measured from the back of curb or edge of pavement.
3. If the parcel is served by a platted pdvate drive, the setback is
measured from the road easement or property line.
12
SECTION IV
COMMUNITY COMMERCIAL DISTRICT
4.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within Donovan Center designated on the Exhibit 'A", PUD Master Plan as
"Commercial".
4.2 GENERAL DESCRIPTION
A. Areas designated as "Commercial" on the Master Plan are designed to
accommodate a full range of commercial uses, hotel/motel, essential services, and
customary 'accessory uses.
B. The apt.,roximate acr~,~ge of the "Commercial" distdct is twenty-six (26) acres.
Actual acreages 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 3.2 and Division 3.3 respectively, of the Collier County Land
Development Code. Commercial tracts are designed to accommodate intemal
roadways, open spaces, lakes, water management facilities, and other similar uses.
C. Up to two hundred and fifty thousand (250,000) square feet of retail or office
development is permitted within this Commercial area of the Planned Unit
Development
4.3 PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Agricultural Services (Group 0742, except no outside kenneling)
2. Amusement and Recreation Services, Indoor only (Groups 7911-7941, 7991,
I 7993, 7997, 7999)
3. Apparel and Accessory Stores (Groups 5611, 5621, 5631, 5641, 5651, 5661,
5699)
13
4. Automotive Dealers and Gasoline Service Stations (Groups 5511,
5531,5541,5551 )
5. Automotive Repair, Services and Parking (Groups 7514, 7542)
6. Building Materials, Hardware, Garden Supply (Groups 5231, 5251, 5261)
7. Business Services (Groups 7311,7323, 7334, 7335, 7336, 7338, 7352,
7359, 7371-7379, 7384, 7389)
8. Communications (Groups 4832, 4833)
9. Depository Institutions (Groups 6011-6099)
10. Eating and Ddnking Places (Groups 5812, 5813)
11. Engineering, A,ccounting and Management (Groups 8711-8721, 8741, 8742,
8748)
12. Food Stores (Groups 5411, 5421, 5441, 5451, 5461, 5499)
13. Funeral Service and Crematories (Group 7261 )
14. General Merchandise Stores (Groups 5311, 5331, 5399)
15. Health Services (Groups 8011-8059)
16. Home Furniture, Fumishings, and Equipment Stores (Groups 5712, 5713,
5714, 5719, 5722, 5731, 5734, 5735, 5736)
17. Hospitals (Group 8062)
18. Hotels and Motels (Group 7011)
19. Insurance Agents, Brokers and Service ( Group 6411)
20. Membership Organizations (Groups 8641, 8661)
21. Miscellaneous Repair Services (Groups 7622, 7623, 7629, 7631, 7641)
(Group 7699 with approval of Current Planning Manager who shall be guided
by the objective of allowing uses that are compatible with existing
development.)
22. Miscellaneous Retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992,
5993, 5999)
23. Motion Pictures (Groups 7832-7833)
24. Museum, Art Galleries (Group 6412) 14
25. Non-Depository Credit Institutions (Groups 6141, 6159, 6162, 6163)
26. Personal Services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241, 7251,
7291)
27. Real Estate (Groups 6531, 6541, 6552)
28. Social Services (Group 8351)
29. United States Postal Service (Group 4311 )
30. Any other use which is comparable in nature wi~.h the foregoing uses and
which the Current Planning Manager determines to be compatible in the
district.
4.4 ACCESSORY USES AND STRUCTURES
A. Uses and structures that are accessory and incidental to uses permitted.
B. Any other accessory use which is comparable in nature with the foregoing uses and
which the Current Planning Manager determines to be compatible.
4,5 DEVELOPMENT STANDARDS
A. Minimum lot area: Ten thousand (10,000) square feet.
B. Minimum lot width: One hundred (100) feet.
C. Minimum yard requirements:
1. Front yard: Twenty-five (25) feet.
2. Side yard: Zero for common or abutting walls, otherwise one-half the
height of the building, but not less than Ten (10) feet.
3. Rear yard: Twenty (20) feet.
D. Distance between principal structures: The distance between any two principal
structures on the same parcel shall be fifteen (15) feet or a distance equal to
one half the sum of their heights, whichever is greater.
E. Setback is Twenty-five (25) feet for a one story building and an additional five (5)
feet for each additional story. In the case of buildings with tiered stodes each tiered
story shall be setback at least ten (10) feet from the face of the wall immediately
below to qualify as a story for setback purposes.
F. Minimum floor area of prindpal structure: seven hundred and fifty (750) square feet
per building on the ground floor.
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G. Landscaping and Off-Street Parking shall be in accordance with the Collier County
Land Development Code, as amended.
H, Maximum height: Fifty (50) feet above Mean Flood Elevation,
I. General application for Setbacks: Front yard setbacks shall comply with the
! following:
1. If the parcel is served by a public or private right-of-way, the setback is
measured from the adjacent right-of-way ;ine.
2. If the parcel is served by a non-platted pdvate ddve, the setback is
measured from the back of curb or edge of pavement.
3. ' If the parcel is served by a platted private drive, the setback is
measured from the road easement or property line.
I. All buildings, landscaping and visible infrastructures shall be architecturally and
aesthetically unified. Said unified architectural theme shall include a similar
architectural design, use of materials and colors throughout all of the buildings to be
erected on site. Landscaping and streetscape materials shall also be similar in
design throughout the site. A conceptual design master plan shall be submitted
concurrent with the first application for Site Development Plan approval.
J. Unless specifically permitted for use, outside storage or display of merchandise is
prohibited.
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SECTION V
RESERVE DISTRICT
5.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within Donovan Center designated on Exhibit "A", PUD Master Plan as Reserve.
5.2 GENERAL DESCRIPTION
Areas designated as Reserve on the PUD Master Plan are designed to accommodate
a full range of conservation and limited water management uses and functions. The
primary purpose of the Reserve District is to retain viable naturally functioning wetland
systems, to allow for the restoration and enhancement of impacted or degraded wetland
systems, and to pl'ovide an open space amenity for the enjoyment of Donovan Center
residents.
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:
Permitted Principal Uses and Structures:
A. Passive recreational areas, boardwalks. and recreational
shelters.
B. Nature trails, excluding asphalt paved surfaces.
C. Water management facilities, structures and lake bulkheads or other
architectural treatments.
D. Mitigation areas.
E. Any other conservation and related open space activity or use which is
comparable in nature with fie foregoing uses and which the Current
Planning Manager determines to be compatible in the Reserve District.
5.4 PEVELOPMENT STANDARD~
A. All structures shall setback a minimum of fifteen (15) feet landward from the edge
of wetland preserves in all places and averaging twenty-five (25) feet from the
landward edge of Reserve Distdct boundaries and roads. except for pathways.
boardwalks and water management structures, which shall have no required
setback.
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5.5 RESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by the Collier County Land
Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Reserve
District. In addition to Collier County, a conservation easement may also be required by
other regulatory agencies with jurisdiction over Reserve District lands. In addition to
complying with provisions of the Collier County Land Development Code, said easement
shall be provided in accordance with the terms set forth in the applicable permit granted
by said agencies. The Donovan Center Commons Association shall be responsible for
control and maintenance of lands within the Reserve District.
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SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this section is to set forth the standards for development of the project.
6.2 GENERAL
All facilities shall be constructed in accordance with the final site development plans, the
final subdivision plats, and all applicable state and local laws. codes and regulations
relating to the subdivision of the land, except when specifically noted or otherwise set forth
in this document, or as otherwise approved by Collier County. All state and federal
permits shall be e,ffective according to the stipulations and conditions of the permitting
agencies. Final master plans, final site development plans or final subdivision plats, and
standards and specifications of the Collier County Land Development Code relating to the
same shall apply to this prc?'ct, except as otherwise set forth herein.
6.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan iljustrates proposed development and is conceptual in
nature. Proposed area, lot or land use boundaries or special 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
ensure the continued operation and maintenance of all service utilities and all
common areas in the project.
6.4 WATER MANAGEMENT
A. Excavation permits will be required for the proposed lakes in accordance with
Division 3.5 of the Collier County Land Development Code, as amended.
Excavated matedal from the property is intended to be used within the project site.
B. Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services 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 Engineering Review Services.
C. In accordance with the Rules of the South FIodda Water Management District
(SFWMD), Chapters 40E-4 and 40E-.40. this project shall be designed for a storm
event of 3-day duration and 25-year frequency.
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D. Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of Division 3.2 of the Collier County Land Development
Code.
6.5 TRANSPORTATION
A. The developer shall provide a fair share contribution toward the capital cost of a
traffic signal, including interconnection where appropriate, at any future major
access that serves the project warranted by the County. The signal will be owned,
operated and maintained by Collier County.
B. The developer shall provide arterial level street lighting at the project entrance prior
to the issuance of a Certificate of Occupancy.
C. The proposed water management outfall is northward into the Cocohatchee Canal;
the outfall structure within C.R. 846 right-of- way shall be designed and constructed
so as to provide capacity to handle road runoff from the C.R. 846 corridor.
D. The Project entry from Immokalee Road will be along its westem boundary so as to
align with the present median cut and proposed traffic signal on Immokalee Road at
the entrance to Pelican Strand. The entry will designed so that it can be
interconnected to and used by the lands that are located to the east and west of the
Project. As a condition to the interconnection and use of the entryway, the adjoining
landowners must make a payment to the Developer, a fair share of the cost of such
common entry. A fair share means a payment based upon the fair value of the land
area of the entry and the cost of the mad and other improvements thereon that is
devoted to a shared or common entry between the Project and the other lands
utilizing the entry. The Developer agrees to pay its fair share of the cost of that
portion of the common entry located on adjacent property.
6.6 UTILITIES
A. Water distribution, sewage collection and transmission facilities to serve the project
are to be designed, constructed, conveyed, owned and maintained in accordance
with Collier County Ordinance 88-76, as amended, and other applicable County
rules and regulations.
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6.7 ENGINEERING
A. Except as otherwise provided within this PUD document, this project shall be
required to meet all County Ordinances in effect at the time final construction
documents are submitted for development approval.
B. If the property is subdivided into three (3) or more parcels, a plat shall be required.
6.8 ENVIRONMENTAL
A. Environmental permitting shall be in accodance 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.
B. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be recorded on the plat with
protective convenantc per or similar to Section 704.06 of the Flodda Statutes.
Buffers shall be provided in accordance with 3.2.8.4.7.3 CCLDC.
C. 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
approved by Current Planning Environmental Staff.
D. 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 those
potected species shall be submitted to Current Planning Environmental Staff for
review and approval prior to Final Site Plan/Construction Plan approval.
E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservation areas, shall be submitted
to Current Planning Environmental Review Staff for review and approval prior to
Final Site Plan/Construction Plan approval.
F. The project shall comply with the environmental sections of the LDC and theGMP
at the time of final development order approval.
G. An Environmental Impact Statement (EIS) shall be included with the next
development order submittal.
H. At the time of the next development order submittal the 25% required native
vegetation shall be identified, (minimum 11.75 acres).
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EXHIBIT A
DONOVAN CENTER PUD
CONCEPTUAL SITE PLAN
STATE OF FLORIDA)
COUNTY OF COLLIER)
I0 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. 97-73
Which was adopted by the Board of County Commissioners on the 25th day
of November, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 26th day of November,
1997.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board
County Commission