Ordinance 95-42#
ORDINANCE 95- 42
AN ORDINANCE AHENDING ORDINANCE NUI~BER
91-102, THE COLLXE~ COUI'~'TY LAND
DEVELOR4E~T CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGUEATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING
ATLAS MAP NUMBERED GGE26 BY CHANGING THE
ZONING CLASSIFICATION OF T~E HEREIN
DESCRIBEI) REAL PROPLenTY FROM "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ee ~[ '
SUNGATE CENTER, FOR PROPERTY LOCATED ON
C.R. 951 BETWEE~I GREEN BOULEVARD AND 15TH
AVENUE S.W., BEING ALL OF TRACTS 123 AND
124, GOLDEN GATE ESTATES, UNIT 26, IN ~.~
SECTION 15, TOWNS}lIP 49 SOU~, RANGE 25 re
EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 9.09~ ACRESt PROVIDING FOR T}{E REPEAL
OF ORDINANCE NUMBER 92-93, AS AH~NDED,
THE FORMER SUNGATE CENTER PUD; AND BY
PROVIDING AN EFFECTIV~ OAT~-·
h~IL~EAS, Thomas E. Killart of Thomas E. KiJIen Architect,
representing Wynn Real Estate Partnership, 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;
The Zoning Classification of the herein described real property
located Jn Section 15, Township 49 South, Range 25 East, Collier
County, Florida, Is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, a~tached hereto as
Exhibit "A", which is incorporated herein and by rolefence made part
hereof. The Official Zoning Atlas Hap Numbered GGE26, as described in
Ordinance Number 91-102, the Collier County Land Development Code, are
hereby amended accordingly.
Ordinance Number 92-93, as amended, known as the Sungate Center
PUD, adopted on November 24, X992, by the Board of County Commissjoners
of Collier County, is hereby repeaZed in its entirety.
TH~s Ordinance shall become effective upon receipt of notice from
the Secretary of State that ~his Ordinance has been fl~ed with the
Secretary of State.
-1-
PASSED AND IXT~Y ADOPTED by the Board of County Commissioners of
Collier County, FXorida# this o?~ day of~(~=~.~_~, 1995.
ATTEST..'......' ...... BOARD OF COUNTY CO~SSIONE~S
DWIGHT.E'~= BROCk~' CLERK C0LL~ER COUNTY, FLORIDA
BETTYE J. I~N
AI~I~I~OVED AS TO rO~ AND
I,EGAr~.,SDTF~CZE~.~"[
RAg~OI[~ItE H, STUDENT
MSZSTAN~ COUNTY ATTORNEY
~ru'~-92-7 (1) ORDXNANC~IIOkI137Sl
filed
-2-
SunGate Center PUD
X
Planned Unit DevelcEment
Regulations and su~porting Master Plan
overning SunGate Center PUD a Planned
Un=t Development pursuant to provisions of
the Collier County land Development Code (LDC}
Prepared Fort
W~nn Real Estate Partnership
9220 Bonl~a Beach Road, Suite 1200
RAnira Springs, Florida 33923
CONSULTING ENGINEFR=
Bruce Green and Associates, Inc.
3806 Exchange Avenue
Naples, Florida 33942
PLANNING CONSULTANT=
Dr. Neno J. Spagna, AICP, Pres.
Florida Urban Inst., Inc.
3850 27th Avenue S.W.
Naples, Florida 33964
Date Filed ?/09/92
Date Revised 10/28/92
Date Reviewed By CCPC ~
Date Approved By BCC 3a~
Ordinance Number 92-93
EXHIBIT eAe
_,, me el
TABLE OF CONTENTS
SUBJECT PACE NUMBER
Table of ContentS ...........................................
Introductol7 Statement ...................................... 1
Statement of Compliance................. ....................
Section 1
Property Ownership and Description ............... ...... 3
Section 2
Project Development RequirementS ....................... 5
SectLon 3
Commercial Area Plan ................................... 9
Section 4
Development CommLtments.... ........................... 15
· PUD Master Plan ................ · ..... · ............. Attachment I
INTRODUCTORY STATEMENT
A. Subject: property is located on the west side of
951 between 15th Avenue S.W. and Green Boulevard and is
further described as Tracts 123 and 124 of Golden Gate
Estates Unit 26, as recorded in Plat Book 7, Pages
and 16 of the Public records of Collier County,
Florida.
B. It is the intent of the Developer to develop this
approximate 9.09 acres of land into a commercial center
containing the commercial uses permitted by this
document along with the required water management, open
space~ and related accessory uses and structures.
STATEMENT OF COMPLTANCE.
The development, consisting of approximately 9.09 acres of
property in Collier County, shall be a Planned Unit
Development to be known as SunGate Center PUD and will be in
compliance with the planning goals, objectives, and policies
of Collier County as set forth in the Growth Management Plan
(GMP).
A. This proposed project is consistent with the GMP
adopted by the County for the following reasonsz
1. The subject property is within the "CR 951
Commercial Infi11 Designation' as identified onI
the Future Land Use Map of the Golden Gate Area
Master Plan and is in compliance with Objective 1.
of the "Goal Objectives and Policies" of the
Golden Gate Area Master Plan.
2. The proposed use is in compliance with Policy
1.1.1.B.2. of the Golden Gate Area Master Plan
and, therefore, permits the uses contemplated by
the Developer.
3. The subject property's location in relation to
existing or proposed community facilities and
services permits the development of SunGate Center
PUD as proposed by the Developer.
4. The project will be served by a complete range of
services and utilities as approved by the County.
5. The project is compatible with adjacent land uses
through the internal arrangement of structures,
the placement of land use buffers, and the
proposed development standards contained herein.
6. The Planned Unit Development includes open spaces
and natural features which will be preserved
and/or integrated into the development of the
commercial center, as design conditions allow, in
· ,
1
order to enhance their natural Zunctions and to
serve as pro~ect amenities.
7. The Developer fully intends to comply vith the
conditions set Eorth for the development of a
commercial center in the "CR 951 Commercial Infill
Designation" of the Golden Gate Area Master Plan.
8. This proJec~ shall be subject to compliance with
the Concurrency Management System designed to
determine the adequacy o~ public services and
£acllities.
SECTION 1
FROI~RTY OWNL~SHIP AND DESCRIPTION
PURPOSE
A. The purpose of this Section is to set forth the
location and ovnershtp of the property, and to describe
the existing conditions of the property proposed to be
developed under the project name of SunGate Center PUD.
1.2 LEGAL DESCRIPTION
Section 15, Township 49 South, Range 26 East
All of Tracts 123 and 124, Golden Gate Zetatel, Unit 26,
according to the plat thereof, as recorded in Plat Book 7,
page 15, Publtd Records of Collier County, Flortda~
any, - .................................. , ..... r- -- , .......
1.3 ~O~
A. ~e subJec~ property Is under the o~ershtp of ~
~L~TA~ P~HIP, 9220 Sontea Beach Roa~, Suite
200, ~l~s Sprl~gs, ~ ~3923.
1.4 GENE~L D~S~T~ON OF ~O~
A. A ge.ersl ~esorlptlo~ of the subJe~ prope~y is ~a~s
123 an~ 124 of ~olde~ Gate Estates, U~lt 26, as
recor~e~ ~ Plat ~ok ~, Pages 15 and 16 of the
Records of Collier C~nty, Florida (for c~plete legal
des~rlptlo~, refer ~o Sec~io~ 1.2).
PHYSICAL DESC~TP'I'TON
A. The property consists of approximately 9,09 acres of
land located in the unincorporated area of Collier
County, Florida.
The elevation oft he proper~cy varies from
NGVD.
Water Manaqement for the proposed project is planned to
be a series of retention areas and swales as shown on
the PUD Master Plan, included as pax~c of this PUD
Document°
Accordinq to the USDA Soil Survey of Collier County
Florida, Issued March 1954, the soil classification
the project sits consists primarily of Xrzsll Fins Sand
(ASS) and a small area o{ Ksri Find Sand (Kb).
The relief of the Arzall Fine Sand (ASS) soil
classification is characterized as lave1, nearly level,
or sltqhtly depressions1.
Surface runoff Is vary slovorpondsdX Internal
drainage is rapid when freed of high water tablel depth
to bedrock is 48-80 Incheel reaction is sltqhtly acid
to neutralr and, the principall~a~etatton before
clearinq was slash pine, shrubs, grasses, some areas
cypress or prairie.
The internal dratnaqe of the Karl Fine Sand
characterlzedvariablsX the depth to bedrock is ~-~4
InchseX reaction is stronql~ acid above marl, alkaline
bolo~l principal native veqatation before clearinq ~as
slash pine, cabbage palmetto, saw-palmetto, shrubs and
grasses.
PROJECT DESCRIPTION
A. It Is the intent of the Developer to develop this
approximately 9.09 acres of land Into a commercial
center containing the commercial uses permitted by this
document alone'with the required water management, open
space, and related accessory uses and structures.
A. This Ordinance shall be knovn and cited as the SunGate
Center Planned Unit Development Ordinance.
SECTION 2
PRO3ECr DZVELOPRI~NT REQUIRE/4Er;TS
A. The purpose o~ this Section*is to delineate and
generally describe the project plan of development,
relationships to applicable Count~, ordinances, the
respective land uses o~ the tracts included in the
project, as yell as other pro~ect relationships.
2.2 G~ERA~
A. Re~mlattons got development ot SunGate Center PUD shall
be in accordance vith the contents of this document,
PUp-Planned Unit Development District and other
applicable sectlone and parts og the Collier County
Land Development Code (LDC) in
building permit application. Where these reg~lations
fail to provide develolmental standatds~ then the
provisions ot the moat similar district in the LDC
shall
B. Unless othervise noted, the definitions of all tens
shall be the eame as the definitions set forth in the
LDC in effect at the time o£ building permit
application.
C. All conditions imposed In the approved/~JD Document
shaZ1 depict the restrictions for the development of
the SunGate Center PUD and shall become part o~ the
regulations which govern the manner in vhich the PUD
site may be developed. The graphic material contained
in this document shall be conceptual in nature. The
graphics contained in the Final Site Development Plan
submitted prior to application for building permit (s)
shall become part of the regulations which goveFn the
manner in vhich the lrdD site may be developed.
D, Unless specifically vaived through any variance or
velvet provisions Zrom any other applicable
regulatione~ the provisions o~ those r letions not
othervise provided tot In this PUD re~e~n In full Zorce
and
E, Development permitted by the approval of this Petition
v111 be sub~ec~ to a Concurrency Revte~ under the
........ ~ ...............................
~ Division 3.15 of the Land Develoument Code at
the earliest or next to occur of either flnal SDP
approval~ final plat approval, or building permit
issuance applicable to this development.
~,. . i i~ iii II I II I
2.3 DE$CRTPTION OF FRO3EC? AN~FROPOSED LAND USES c
A. The layout of the uses of land for the various tracts,
is iljustrated graphically on the map titled 'PIJD
Master Plan",
B. The folioring land use matrix summarizes the proposed
uses of the SunGate Center PUD:
LAND USE SCHEDULE
INTENSITY
Tract "A" CommerCial ~ 20.000 4~4. 1.94
Tract "B" Co~narcial 24TGee 50.000
~ C~erc181 6.50~ 0.79
Total 83,000 9.090
C. Areas iljustrated as lakes on the PUD Master Plan shall
be constructed as lakes or, upon approval, parts
thereof may be constructed as shallo~, dry depressions
for water detention purposes. Such areas, lakes and
dry areas, shall be in the general configuration and
contain the same general acreage as shown on thePOD
Master Plan. Minor/edifications to all tracts, lakes
or other boundary may be permitted at the time of
Preliminary Subdivision Plat or Site Development Plan
approval, subject to the provisions of Division 2.0,
Section 2.7.3.5, of the LDC or as otherwise permitted
by this PUD Document.
D. Easements, as necessary, (lncludin landscape buffer
areas, utllit , private, lemi-publ~o, etc.) shall be
ostablished~Ithin or along the trac~s shown on the PUD
Master Plan.
2.4 DESCRIPTION OF PROJECT INTENSITY OF LAND USE
A. A maximum Of4~20.000 square feet of gross
leasable ares (GLA) of commercial development shall be
permitted on Tract cA", and a maximum of~ ~0.00o
.quare feet of GIA shall be permitted on Tract abe.
Tracts WC" and wow shall each contain a maximum of
6.500 souare feat of GLA. for a total project GLA of a
maximum of 83,000 square feet.
6
2.5 RELATED PRO~ECT PLAN APPROVAL REOUIREMENTS
A. Prior to the recording of a Record Plat and/or
Condominium Plat tot all or part of the PUD, final
plans o£ all required improvements shall receive
approval of the appropriate. Collier County government
agency to insure compliance with the PUD Master Plan,
the County Land Development Code, and the platting lays
of the State of Florida.
B. The PUD Master Plan, constitutes the required PUD
Development Plan. Subsequent to or concurrent with PUD
approval, a Preliminary Subdivision Plat, if
applicable, shall be submitted for the entire area
covered by the PUD Master Plan. Any division of
property and the development of the land shall be in
compliance with the County Land Developmen= Code, and
the platting laws of the State of Florida.
c. The provisions of Division 3.3, 2TTE DEVELOPMENT
of the LDC, 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 issueante
of a building permit or other developmen~ order.
D. Appropriate instruments will be provided at the time of
infrastructure1 improvements regarding any dedications
and method for providing perpetual maintenance of
common facilities.
2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
A. Amendments may be made to the PUD as provided in
Division 2.0, SeCtion 2.7.3.5, of the LDC.
2.? pROVISION FOR OFF-SIT! REMOVAL OF EARTHEN MATERTAt
A. The excavation of earthen material and its stock piling
in preparation of water management facilities or
otherwise develop water bodies shall require an
excavation permit: in accordance with Sec~cion 3.5 of the
LDC. If after consideration of fill activities on those
buildable portions of the project site are such that
following condftionsJ
7
1. Excavation activities shall comply vith the
definition of a wDevelolment Excavations pursuant
to Division 3.5, Section 3.5.5, ~,
vhereby of£-site re~oval shall not exceed lot of
the excavated material to a maximum oE 20,000
cubic yards,
2. All other provisions o£ Division 3.5 are
applicable.
SECTION 3
CONMERCXAL AREA PLAN
3.1 PUR~OS=
A. The purpose of this Section is to identify the types of
commercial uses and development standards that will be
applied to the SunGate Center PUD.
3.2 DEVELO~HENT L~PHASIS
A. The Developer states that the requested commercial uses
are in compliahce with the uses and intended intensity
level of the Colden Gate Area Master Plan.
B. The intensity of land use, types of use activities, and
acreage assigned to this dsvelolment is shown as
follows:
INTENSITY
Tract "A" Co~mercial S3v~ 20.00O eRq~S /A2A
Tract "B" Commercial ..... 50. 000 2vge. 5.67
Tract "Ca CaIW~EGLtl 6.500 0.79_
Tract "O" Coramercia~ 6. SO0 0.69
Total 83,000 9.090
3.3 pERHITTED PRINCIPAL USES
The folioring uses, as defined vith a number from the
Standard Industrial Classification Manual (1987), are
permitted as of r~ght in ~he SunGate Center I~JD.
A. Antique shops (5932)I applLance Itoros (5722}I art
studios (5999) 1 art supply shops (5945) 1 automatic
merchandizing machine operators (5962); automobile
parts and home supply stores (5531) S automobile service
stations vithout repairs (5541)(subJec~ to Section
2.6.28).
B. Bakery shops (5461}I bait and tackle shops (5941) S
banks and financial institutions (6011-62sg); barber
and beaut shops (7231 & 7241); bath supply stores
(5999)I bicycle sales end services (5941); blueprint
shops (7334)I book stores (5942); business machine
services (7629).
c. carpet and floor covering sales - which may include
storage and installation (5713); catalog and mail-order
houses (5961}; churches and other places of worship
(8661)(subject to Section 2.6.10); clothing stores
(5611-5699); commercial recreation uses - indoor (7991,
7993)~ commercial schools (8243-S249); computer sales,
leasing, service, and softrare stores (5734, 7371-
· 7379) Z confectionery and candy stores (5441)o
9
D. Dance studios (7911)~ delicatessens (5399) f department
stores (5311)~ drug stores (5912)~ dr), cleaning shops
(7212)~ dry goods storss(Z399) X and drapery shops
(5714).
E. Educational services (8211-8299)~ electrical supply
stores, equipment rentals and leasing (7352, 7359)
including lavrl movers and power saws, which may include
their repair and sale, but specifically excluding any
heavy equipment requiring outside storage.
F. Fish market - retail only (5421}~ florist shops (5992)~
food stores (5499)~ fraternal and social clubs (8641)
(subject to Section 2.6.10)~ funeral homes (7261)~
furniture stores0(5712 - 5719)~ furrier shops (5632).
C. Garden supply stores - outside display in side and rear
yards (5261) X general merchandise stores C5399)x gift
and novelty shops (5947) 1 glass and mirror sales,
including storage and installation (571g)/goutmet
~hops (5499)X grocery stores and markets (5411-5451).
H. Hardware stores (5251)~ hat cleaning and blocking
{7212)~ health food stores (5499}~ hobby, toy and game
shops (5945}.
I. Ice Cream store (5451 & 5822}.
J- Jewelry stores (5944).
K. Laundries - self service only (7215)~ leather goods and
luggage shops (5948)~ liquor stores (5921).
L. Markets - food (5411)~ markets - meat (5421)$ medical
offices and clinics (8011-8049)~ millinery shops
(5632)x museums and art galleries (8412)~ music storll
(5736).
M. Nows stores (5994).
N. Office - general (6311-6799, 7311-7338, 7381, 7383,
7389, 7829, 8082, 8711-8713, 8741-8743, 8748)~ opeLGel
goods stores (5995)o
O. Paint and wallpaper stores (5231) 1 personal services,
~i~cellaneous (7299)e, pet supply shops (5999) X photo
ishing laboratories (7384)~ photographic equipment
stores (5946) r photographic portrait studios (7221)~
pottery stores (5719)~ private clubs and membership
organizations (8611-8699) (subject to Section 2.8.10)I
professional offices (8111, 8711, 8721)~ public
administration offices (9111-9222, 9224-9661}.
10
, ~sce~aneous Personal ServLcee
are Gpecl~lcaXXy Limited To:
Babysitting bureaus
Battering services for individuals
Blood s in-operated
Buyer's club
Car title and tag services
Clothing tentaX, except industrial
launderors and linen supply
coin-operated service machine operations
scales, shoeshine, lockers, and blood pressure
College clearinghouses
Computer photography or portraits
Consumer buying service
Costume rental
Dating Service
Debt counssllnq or adjustment service to Individuals
Depilatory salons
DIet workshops
Dress suit rental
Electrolysis {hair removal)
Genealogical investigation servlce
Hair veering or replacement service
Porter service
Quilting for IndIviduals
Rest room opera~Lon
Scalp treatment servlce
Shopping servlce for Individuals
~×edo rental
Wardrobe servlce, except: ~eatrtcal
Radio, television, ard Consumer electronics sales end
services (5731)~ record and prorecorded tape stores
(5735); repair shops, miscellaneous
restaurants, tnoludlngdrlve-ln fast f~ restaurants
(5812) (subject to Section 2.6.10)# miscellaneous
retail stores (5999}.
~, MIscellaneous Repair Shops
are Specifically Llmlte~ To~
Antique repair and restoration, except furniture &
automotive
BIcycle repair sho~s
Ca~sre repair shops
Dental instrument repair
Dra~ln~ lns~rusent rspair
HaFness repair shoOs
Ksy dupltcati shops
La~rnmc~er repair ehoOs
L~ather goods repair sh s
L~ck parts made to indl~dual order
Locksmith shoOs
Luggage repair shoOs
11
Measuring and controlling instrument repair, mechanical
Medical equipment repair
Meteorological instrument repair
Microscope repair
Mirror repair shops
Musical instrument repair shops
Nautical and navigations1 instrument repair
Organ tuning and repair
Piano tuning and repair
Picture framing to individual order, not connected with
retail art stores
Picture framing, custom
Pocketbook repair shops
Precision instrument repair
Repair to optical instruments
Repair to photographic equipment
Saddlery repair shops
Scale repair service
scientifio instrument repair
Sewing machine repair shops
Sharpening and repairing knives, saws and tools
Stove repair shops
surgicaZ instrument repair
Surveying instrument repair
Taxidermists
Tent repair shops
Thermostat repair
~ning of pianos and organs
Typewriter repair, including electric
Venetian blind repair shops
Window shade repair shops
Q. Services, miscellaneous (8999)ee,; sewing, needlework,
and piece goods stores (5949); shoe repair (7251); shoe
stores (5661); shopping centers (6512); sporting goods
stores (5941); social services (8322, 8351, 8399)J
souvenir stores (5947)J stationer3[ stores (5943);
supermarkets (5411).
*** Miscellaneous Services
are Specifically Limited To=
Announcers, radio and television services
Art restoration
Artificial nuclearion (cloud seeding)
Artists' studios, except commercial and medical
Artists' except commercial and medical
Authors
Chemists, consUltlng~ not connected with business
service laboratories
Christian Science lecturers
Consultants, nuolear~ not connected with business
service laboratories
Entomologists, consulting~ not connected with business
service laboratories
· ~
12
Geologists, consultingl no~ connected with business
service laboratories
Ghost writing
Greeting cards, hand painting of
Inventors
Lecturers
~usic arrangers
Newspaper columnists
Physicists, consultlRgy not connected with business
service laboratories
Fsychologists, industrial
Radio commentators
Sculptors' studios
Song vriters
Stained glass artists
Weather forecasters
Writers
R. Tobacco shops (S993),
S. Variety stores (S331)~ veterinarian offices and clinics
- no outside kennels (0742-0752)~ video taps rental
(7841) ·
T. Watch, electrical, electronic, precision instrument,
and miscellaneous repair shops (7629, 7631).
U. Any other commerCial use or professional service which
is comparable in nature with the foregoing uses and
which the Current Plarnling Manager determines to be
compatible in the district.
v. Temporary sewage treatment facility.
A. Accessory uses and structures customarlly associated
with the uses permitted in the C-1/T District, Section
2.2.12 of the LDC, the C-2 District, Section 2.2.13 of
the LDC, and the C-3 District, Section 2.2.14 of the
LDC.
B. Caretaker's residence, subject to Section 2.6.16 of the
13
DIMENSIONAL STANDARDS! The follo~ing dimensional standards
shall apply to all permitted principal and accessory uses
the SunGate Center
A. MINIMUM LOT AREA: Ten thousand (10,00O) square feet,
S. MINIMUM LOT WIDTH: Seventy-five feet
C. MINIMUM YARD REQUIREM]ENTS:
I. ."?,,O::T YArD - ~Jcnty five fcct
1. SETBACK FROM ~.U.O. PMRIM~"rER BOUNDARY -
Twentv~five feet
2. SETBACK FROM =NT~RNAL DRIVEWAYS - Five feet
3. SEPARATION BMTWL~M MUT~DINGS - One-half the sum of
the heights of feeins walls but not less than
fifteen feet {15~. except in the case of
connected buildin~s or separate buildings wfth s
4. ANY YARD ABUTTING A RESIDENTIALLY ZONED PARCEL -
Twenty-five feet (25').
D. MAXIMUM HEIGHT: Fifty feet (50').
E. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES: One
thousand (1,000) square feet for each building on the
ground floor.
F. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS~
As required in Division 2,3 of the LDC.
ID the event any of the ~re~s "A"."B"."C". or "~" are
separated by action of sub-division or re-plat.
individual Tracts may have separate end exclusive
accessways and parkind areas or may. in any combination
of Tracts. share socesswavs and markin~ lots. so that
~nv two or more of the Tracts can functiom together as
a sinqle ShODDinS ~enter. AnY such shared accessways
Qr shared Darkina radiiSties shall be formally
Eecoanized by Dublilly recorded easements.
U. LANDSCAPING: AS required in Division 2.4 of the LDC,
except that the provisions of Section 2.4.7.4 shall not
aDDIV tO interior lot lines within the P.U.D.
H. MERCHANDISE STORAGE AND DISPIAYZ Unless specifically
permitted for a use, outside storage or display of
merchandise is prohibited.
I. SIGNS: As required in Division 2.5 of the LDC.
· 14
SECTION 4
DEVELOPMENT COMMITMENTS
A. The purpose of this Section is to set forth the
development commitments for'development of the project.
A. All facilities shall be constructed in strict
accordance with Final Site Development Plans, Final
Subdivision Plans and all applicable State and local
laws, codes, end regulations applicable to this PUD and
in effect at the time of building permit application.
Except where specificall noted or stated otherwise,
the standards and speoiftcattons of the official LOt
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 the
PUD Document as adopted and any other conditions or
modifications as may be agreed to in the rezontng 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 PUDMASTER PLAN
A. The PUD Master Plan, identified as Attachment
iljustrates the proposed development and As conceptual
in nature. Proposed tract, lot, or land use boundaries
or special land use houndaries shall not be construed
to be final and may be varied at any subsequent
approval phase as may be executed at the time of WAne1
Platting or Site Development Plan application, subject
to the provisions of Division 2.0, Section
CHANGES AND AMENDMMNT~e Of the LDC, to which amendments
may be made from time to time.
B. All necessary easements, dedications, or other
instruments shall he granted to insure the continued
operation and maintermnomof all service utilities and
all common areas lathe project.
4.4 S~!EDULE OF DEVET. X)~/HONtTOR~NG REPORT
A. The Developer intends to begin development of the
project as early as possible upon approval of the
petition by the Board of County Commissioners and
continue working until all of the site improvements
along with the required buildings are completed in
accordance with the conditions of the approved PUD
Document.
This PUD shall be subject to the Su,set Provis~ons of
Division 2.7, Sectiort 2.1.3.4, of the LDC.
~onitoring Report~ An annual monitoring report shall
be submitted pursuant to D~vil~o~ 2.7, Sectio~
of the LDC.
4.5 MAINTENANCE OF COMMON
A. In the event of private streets, common open spaces, or
any other such ~r~vate amenities, the maintenance of
said amenitiee shall remain the responsibility of the
property owner, his/her successor in title or assignee.
4.6 TRANSPORTATION
A. Appropriate turn lanes into/out of this proJec~ shall
be provided from Green Boulevard by the develooer
~hq ~me of final a~Droval of the Site Development Plan
COt Tract "B".
B. Arterial level street lighting shall be provided at 811
project entrances at the time they are establishe4 by
C. Impact fees shall be paid in accordance with Ordinance
No. 92-22.
D. At such time, at the discretion of Collier County, that
a traffic signal becomes necessary for the intersection
of C.R. 951 and Green Boulevard, the developer, his
heirs, assigns or successors in title or interest,
shall be responsible for a fair share payment toward
the cost of same. Any such signal shall be owned,
operated and mainta~nedbyCollier County.
E. No access to this project shall be permitted from C.R.
951.
16
4.7 WATER MANAGEMENT/ENGINEERING
A. The Developer and al1 subsequent landowners are hereby
placed on notice that they are 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. This
includes, but is not limited to, Preliminary
subdivision Plats, Site Development Plans, and any
other application that will result in the issuance of a
final or final local development order.
B. Platting is required in accordance with Collier County
Subdivision Regulations, if any lots, tracts, or
parcels are to be sold.
C, Access into each tract as shown on the PUn Master Plan
is informational only. Location and number is subject
to Preliminary Subdivision Plat or SDP approval.
A. Water distribution systems to serve the project are to
be designed, constrlJcted, conveyed, owned, and
maintained in accordance with Collier County Ordinance
No. 88-76, as amended, and any other applicable County
rules and regulations.
B. All customers connecting to the water distribution
systems to be constructed will be customers of the
County and will be billed by the County in accordance
with the County's established rates.
c. The on-site water distribution system to serve the
project shall be connected to the District's water main
on the east side of S.W. 39th Street consistent with
the main sizing requirements specified in the County'e
water Master Plan and extended throughout the project.
The final distribution system shall be aDDroved by
Collier County Utilities Division.
D. Prior to Final SDP approval, a letter of water
availability from the Collier County Utilities Division
shall be submitted to Project Review Services.
E. Prior to final plans submission approval,
In the event-~h~-t~e~e !~ ~e~r
~ aoDlicable aereements for the connection of the
Dro~ect to_central sewer service shall be executed
between 8DDliCant- Collier County Utilities. and
Florida Cities Water ComPany.
17
F. The Developer, at his expense, rill install and operate
interim on-site sewage treatment and disposal
facilities adequate to meet all requirements of the
appropriate regulatory agencies. An agreement shall be
entered into betwee~ the County and the Developer,
binding on the Developer, his assigns or successors,
regarding any interim treatment facilities to be
utilized. The agreement shall be legally sufficient to
the County, prior to the approval of construction
documents for the project, and shall be in conformante
vith the requirements of Collier County Ordinance No.
88-76, as amended.
U. Prior to approval of construction documents by the
County, the Developer shall present verification
pursuant to Chapter 367, florida Statutes, tha~ the
Florida Public Service Comelesion has granted
territorial rights to the Developer to provide sewer
services to the project until the County can provide
these services through its own water and sewer
facilities.
4.9 "'~ .... r
,TI~ACC[SSORY STRUCTURgS
A. Accessory structures shall be constructed
simultaneously with or folZov~ng the construction of
the principal structure except for · construction site
office.
a~. ~0
A. All signs shall be ~n accordance vith Division 2.5 of
the LDC.
4-.A~LANDSCAPING FOR OFF-~TRE~T
~.11
~' - A. All landecaping for off-s~reet parking areas ehall
in accordance
otherw~se ~rov~de~
18
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 tsa true copy of:
Ordinance No. 95-42
whlch was adopted by the Bosrd of County Commissioners on
the 20th day of June, 1995, during Regular Session.
WITNESS my hand and the official seal oE the Board of
County Commissioners of Collier County, Florida, this 27th
day of June, 1995.
DWIGHT e. BROCK
Clerk of Courts and Clerk.'
gX-offlcJo to Board of
CoUnty Commissioners
~ Deputy Clerk "