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Ordinance 94-56 ORDINANCE NO. 94- 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 ANEHDING THE OFFICIAL ZONING A~LAS MAP NUMBER 0603~ BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "I, C-3, RMF-12 & A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WESTPORT COMMERCE CENTER, LOCATED AT THE SOUTHWEST INTERSECTION OF CR-951 (ISLE OF CAPRI ROAD) AND SR-, (DAVIS'BO~EV~O) IN. ~ ~ SECTION 3, TOWNSHIP 50 SOUTH, .RANGE 26 ~s~, cor, uER corns, m-,,ORIDA, coNsIs 'ING OF ,Vi AC ES, AND eV PROVIDIN AN EFFECTIVE DA~Z. WHEREAS, Alan D. Reynolds of Wilson, Miller, Barton Peek, Inc., representing AJS Realty Group, Inc., 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 in Section 3, Township 50 South, Range 26 East, Collier County, Florida, is changed from "I, C-3, RMF-12 and A" to "PUD" Planned Unit DevelOpment, in accordance with the Westport Commerce Center PUD DoCument, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Nap Number 0603, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. This Ordinance shall become effective upon receipt of notice from the Secretary of State that th~e Ordinance has been filed with the Seoretar~ of State. -1- PASSED AND DULY ADOPTED by the Board of Countyf,~ Commissioners' of Collier County,. Flortda~ this d BOA OF COUR~ ~R ' B ~ . r~'~ · A~BZBT~ CO~Y A~RNEY ~ ~-94-02 ORDZNANC~ fill ~.. ~/~099 ~7 WESTPORT COIVlM'ERCE ~ " 97.0± Acres Located in Sect{o~ 3, . Township 50 South, Range 26 East Collier County, Florida PREPARED FOR: ANDREW'/J, SALUAN, TRUSTEE MS Realty Group. 3800 Alrlxmrl Road Norlh Naples, Florida 33042 PREPARED BY: ¢ WILSON, MILLER, BARTON & PEEK, INC. Wilson Professional Center 3200 Bailey Lane Suite 200 Naples. FL 3394½ =:~ DATI2 FILED ]an.ary ~ !9c,34_ .~ DATI] REVIEWED BY CCPC 10-6..94 DATE APPROVED BY BCC 10-18-04 ~i= ORDINANCE NUMBER . 94-56 TABLE OF CONTENT~ LIST OF 12XI-IIBITS il $'TATBMENT OF COMPLIANCE AND SHORT TITLE il1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & l-! GENERAL DESCRIPTION SECTION H PROIECT DEVELOPMENT 2-1 SECTION Ill ZONE A - COMMERCIAL RETAIL, 3-1 SECTION IV ZONE B - ACCOMMODATIONS' 4-1 SECTION V ZONE C - INDUSTRIAL I-I SLr'TIOhr VI RF. SHRVB SF.L'TION VII GENERAL DBVL:LOPMENT COMMITMENTS 7ol LIST OF EXHIBITS EXH~IT A PUD MASTER PLAN (WMB&P. fnc, File No: RZ-2I~A) EXHIBIT B AERIAL PHOTOGRAPH, LOCATION MAP (WMB&P, Inc. File No. RZ-2 ! 6B) EXRTBIT C PLUCCS AND SOILS MAP (V/MB&P, Inc. Pile No, ENV-124) EXHIBIT D CONCEPTUAL WATER MAI~AGEI~ENT PLAN (W/~D&P, Inc. File No. RZ-216D) EXHIBIT E COMTvilJ"NTFY SERVICES MAP EXHIBIT P TOPOGRAPHIC SURVEY (WT~D&P, Inc. File No. STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Andrew J. Saluan, Trustee, herelnafter rcf~;i-i~d to as the Developer, to create a Planned Unit Development (PUD) on 97.0-t- acres of Innd located tn Section 3, Township ~0 South, Range 26 East, Collier County. FTorida. The name of this Planned Unit Development shall be WESTPOP, T COMMERCE CENTER 6VESTPORT). The development of %~E.S'TPORT will be in compliance with the planning goals and objectives of Collter County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted of the Growth Management Plan FLUE and other applicable regulations for the following reasons: I. The subject property is wlthln the Urban-Commercial Distri~t/Activity Center ~ubdlstrlct and the Urban-Industrial District as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (TLUE) of the Collier County Growth Management Plan. 2. The subject property includes an Interchange Activi'ty Center tn which the !and is zoned and designated Industrial. This site is a preferred loc~ttion for the concentration of commercial and. industrial land uses in a mixed-use development pursuant to the FLUE. 3. The FLUE allows for expansion of industrial uses adjacent to areas currently designated industrial, provided certain conditions are met regarding access, traffic circulation, and infrastructure provisions, which this project meets ot exceeds. 4. W'F. STPORT Is compatible with andcomplimentary to existing and future surrounding land uses as rcquired tn Policy :5,4 and under the Urban-industrial District of the FLUE,. Improvements are planned to be in compliance wlth applicable !and development regulations as set forth in Objective 3 of the FLUE, except as specific~lly set forth hereln. 6. The development of ~'vVESTPORT will result in an efficient and economlc'-al extension of community facilities and sen, ices as required in Policies 3.1 .h. and !. of the FLUE. 7. WESTPORT 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. 8. The project will be served by a complete range of servlees and utilities as approved by SIIORT TITLE Thts ordinance shall be known and cited as the 'WESTPORT COMMERCR CENTER PUD DEVELOPMENT ORDINANCE. * ~w'ms4-asemm.k ill '. SECTION I LEGAL DF~CRIIrFION, PROPERTY O~VNERSIIIP~ AND GENERAL DESCRIPTION The I~rpose of this section is to set forth the legal description and ownership olr WF. STPORT, and to describe the existing condition of the property proposed to be developed. 1.2 LZGAL DESC'nlI'TION Westport, being approximately 97.0 acres, is legaJly. deseribed as follows: PAP. CEL A A portion of Tract I, Gator Gate, as recorded in Plat Book 7, page 2 of the Public Records el' Collier County, Florida; and a portion of Tract 2, Gator Gate Unit 2, as recorded in Plat Book 7, page 54 of the Public Records of said County; and a portion of the Northeast Quarter of Section 3, 'Township 50 South, Range 26 East, Collier County, Florida, all being more particularly described as follows: Commence at the East Quarter comer ot' said Section 3; thence S.89'20'05"W., 100.04 feet along the South boundary of said Northeast Quarter to Ihe West right-of-way line of County Road No. C-95 !, according to State Road Department Right-of-Way Map Section 03510-2602, and the POINT OP BEGINNING; thence continue S.89'20'05"W., 1201.06 feet Io the Southwest comer of Ihe East Half' of the Northeast Quarter el' said Section 3; thence N.00'29'21" E., 2456.56 feet along the West boundary of'said East Half of the Northeast Quarter; thence N. gg°42'03"W., 400.00 feet, parallel with the North boundary of the Northeast Quarter ot' satd Section 3; thence N.00'29'21"E., 300.00 feet to the South right-ot'-way line of State Road No. 84 (Davis Boulevard) per Stale Road Department Right-o~'-Way Map Section 03506-21~01; thence S.89°42'03"E., 600.00 feet along said right-of-way line; thence S.00'29'21"W., 900.00 feet, parallel with the West boundary of the East Half of the Northeast Quarter of said Section 3; thence S.89'42'03"E., 1012.86 feet, parallel with the North boundary of the Northeast Quarter of said Section 3, go the West dght-ol'-way line of said County Road No. C-951; thence S.00°51'53"W,., 1836.42 feet along said right-of-way 'line to the POINT OF BEGINNING. Containing 58.04 acres, more or less. PARCEL 13 " A portion el' Tract. 1, Gator Gate, as recorded in Plat. Book 7, page 2 of the Public Records of Collier County, Florida; and a po~ion of;the East half of the West Half of the Northeast Quarter of Section 3, Township 50 South, Range 26 East, Collier County, Florida, awl being more particularly described as'follows: ' .9 ;, Commence at the EaSt Quarter comer of said Section 3; tidenee S.Bg'20'05'W., 130l. I0 feet along the South boundary of said Northeast Quarter to the Southeast comer of the West Half of the Northeast Quarter of said Section 3 and the POINT OF~ BEGINNING; thence N.00'29'21"E., 2456.56 feet along the East boundary ofsatd West Half of the Northeast Qtlarter;, thence N.89'42'03"W., 400.00 reel, parallel with the North boundary of the Northeast Quarter or said Section 3; thence N.00*29'21*E., 300.00 feet to Ihe South Hght.-of-way line of State Road No. 84 (Davis ]3oulcrard) per State Road Department Right. or-Way Map Section 03506-2601; thence N.89*42'03"W.. 136.44 feet along said right. of-way line to the beginning or a curve concave to the South having a radius of 3224.04 feet; thence WESTERLY, 122.97 rcet along said Hght-of-way line and curve through a central angle of 2*! 1'07" (chord bears S.89'12'24"W., 122.96 feet) to the West boundary of the East Half of Ihe West Half of tho Norlheast Quarter of laid Section 3; thence S.00'18'13"W., 2765.15 feet along said West boundary to the Souffi boundary of the Northeast Quarter of said Section 3; thence H. 89*20'05"E., 650.:5:5 feet along said South boundary to !he POINT Ol~ 13EOINNINO. Containing 38.77 acres, more or less. 1.3 ]~OlnZl'tr/' OWN'EILSIIIP ~,' The subject prol~rty is currently under the legal ownership of Andrew J. Saluan, Trustee, whose address Is 3800 Airport Road North, Naples, Rorida, 33942. 1.4 GI~rt31~L DF_.SCRHYrION OF PROPER. TY A. The project site is located in Section' 3, Township 50 South, Range '26 East, and ls generally.bordered on the north by .S.R. 84 and. property zoned Industrial; on the east by C.R. 951; on the south by property zoned aCricultural; and on the west by property zoned C-3 Commercial, RMF-12, ]Vlulti-Family Residential, and ,, Agriculture. The location of the site is shown on Attachment 2 to the Application for Public Hearing. 33. Tho zoning classification of the subject property prior to the date of PUD approval Is [-(Industrial), C-3 (Commercial Intermediate), RM~-12 (Residential Multl-l=amlly) and A (Agricultural). C. Elevallons wilhln Ihe site range from 9.6' to I 1.2' above mean sea level with an average of approximately I0.:5 feet. Per FP-MA Firm Map Panel No. 120067- 04iSD, dated 3une 3, 1986, lhe WESTPOR. T property Is located within zone 'X.' Topographic mapping is shown on the Topographic Survey, Exhibit F. D. 'The soil types .on tile site Cenentlly include Pineda fine sand Limestone Substralum and Boca fine sand. Soil Conservation Service mapping of soll lypes ls shown on Ihe FLUCCS and Soils Map, Exhibit C. ~aqo~N~mom.b, ...., , 1-2 ~.~ :; ~.. E. Vegetation on site prlmarily eonslsts of pine flatwoods, willowy, cypress wetlands and melaJeuca dominated areas. Detailed vegetation mapptng Is Shown on the FLUCCS and Soils Map, Exhibit C. The project site Is located wilhln Ihe Lely C.~nal Basin as depicted within the Collier County Drninnge Allas (May 1990).' The general surface drainage pattern flows tn a northeast to southwest direction which eventually dlschmles into the Z,ely Canal. The COnceptual Surface Water Management Plan is shown on Exhibit D. SECTION II FROJ'ECT DEVELOI~MENT 2.1 PURPOSE The purpose of. this Section is to generally describe the plan of development for WESTPORT, and to idealily relationsh;ps to app!ieable County ordinances, policies, and procedures. 2.2 GENERAL DF..SCRIPTION OF PROIECT PLAN AND PROPOSED LAND USES WESTPORT will include a mix of commercial, industrial. holel uses, stormwater management lakes, open spaces. and reserve areas. WESTPORT intends Io establish project-wide guidelines and standards to eastIre 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, walls, buffers, herins and other similar features. The Master Plan is iljustrated graphically on Exhibit "A'. PUD Master Plan (Wi~fB&P. Inc., File No. RZ-216). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location. size. and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at Ihe time of Final Plat approval, in accordance with Article 3, Division. 3.2. Section 3.2.7, of the Collier County Land Development Code. 2.3 GENERAL COMPLIANCE WITII COUNTY ORDINANCES A. Regulations for devel0pment of -WESTT'ORT shall be in accordance with the contents of this PUD Ordinance, applicable sections of the Collier County Land Development Code (to Ihe extent they are not inconsistent with this PUD Ordinance) and Collier County Gwwth Management Plan which are in effect at the time of issuance of final development order. B. Unless otherwise defined hernia. or as necessarily implied by context, 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 issuance of the first development order which would involve said definitions. as set forth in paragraph 2,3.A. -. C. Development permitted by tile approval of' this petition will be subject to a conaarrency review tinder Ihe Adequate PtabliC Facilities Ordinance Article 3. Division 3.15 of the Collier County Land Development Code. ,nma,Nm,m=s.,.. 2-1 .' D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable land development codes remain in eft'oct with respect to the development of Ihe land which comprises this PUD. F.., All conditions imposed heroin or as represented on the .WESTPORT PUD Master Plan (Masler Plan) are pad of the regulations which govern the manner in which Ihe land may be developed. The Subdivisions Division or Ihe Collier County Land Development Code (Article 3, Division 3,2) shall apply to WESTPORT, except where an exemption is set forth heroin or otherwise ¢ranted pursuant. to Land Development Code Section 3.2.4. O. The Silo Development Plans Division of the: Collier County I.smd Development r_..,odo (Article. 3, Division 3.3) shall apply .m WESTPORT, exe. ept where an exemption' is set forth heroin or otherwise ,granted pursuant to Land Development Code Section 3.3.4, 2.4 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit A. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final silo development plan approval to accommodate Iopography, vegetation, and other silo conditions, s.ubject to the provisions of Arlicle 2, Division 2.7, Seclion 2.7.3.5, of the Collier County Land Development Code. The specific location and size of individual tracts and the assignment of scluare foolage or units shall be determined at the lime of site development plan approval. B. Roads and other infrastructure may be either public or private, depending on localion, capacity, and desiCn. The determination as to whether a road shall be public or private shall be made by the developer at the time of final subdivision plat approval. Developer shall create appropriate property ownera association(s) which will be responsible for maintaining the toads, streets, drainage, common areas, water and sewer Improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of County Code regulating subdivisions, unless otherwise approved during subdivision approval. Developer reserves the right to .request substitutions to Code design standards In accordance with. See"lion. 3.2,7,2 of the Land. Deve[opment Code .... ter~m4as;<-:;~ .... ..:,.'.... ...... 2-2- PROIECT DENSITY The total acreage oF the WESTPORT is approximately 9'7 acres. The commercial retail uses occupy arq~roximatcly 25.7 acres with a maximum gross leasable floor area or :2.~5,000 square feet. The accommodations district occupies approximately iS.0 acres and will provide 150 hotel/motel rooms. The industrial uses occupy approxlmalely 31.5 acres with a maximum gross leasable floor area or450,000 square feet. These described land uses are set f'onh on the PUD Master Plan, Exhibit A. 2.6 SITll CLEARING AND DRAINAGE C/caring, grading, ea~hwork, and site drainage work shall be performed in accordance with the Collier County Land Development Code and the standards and commitments of ~is documenl. 2.7 EASIi:MI~q'S FOR UTILITIES All necessary casements, dedications, or other instruments shall be granted lo insure the continued operalion and mainlenance of' all service utilities in compliance with applicable regulations in erred at the lime approvals are requested. 2.8 LAKE SITING As depicted on the PUD Master Plan, lakes have been preliminarily sited. The goal oF Ibis Master Plan is to achieve an overall aesthetic character for the Projet. t, Io permit optimum use oF the ,land, and to increase the efficiency o[' the water management network. Fill realtrial From lakes is planned to be utilized within the projecl; however, exeeu fill material may be utilized off-silt. The volume o~' realtrial to be removed shall be limited to ten percent oF Ihe calculated excavation volume to a max{mum oF 20,000 cubic yards. If the applicant wishes Io lake more oFF-site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management Dislrict stormwater crileria and Section 3.:5.7 oF the Collier County Land Development Code. A. Setbacks: Excavations shall be located so that the top-oF-bank oi~ Ihe excavation shall adhere to the Following minimum setback requirements, subject to approval oi' County staff at lime oF final constn,ction plan approval: I. Twenty Feel (20') From back or curb oF internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such Factors as road alignment, Iravel speed, bank slope, road cross sections, and need For bnrrlers. 2. Fifty reel Ca0') from all PUD perimeter property lines. 2.9 OFF-STREET PARKING AND LOADING All offlstreet parking and loading facilities shall be designed in necordane.~ with Division 2.3 of the Collier County Land Development Code. 2.10 BUIi'PER$ Minimum standards for buffers shall be in accordance with Division 2.4 of the Collier County Land Development Code in effect at the time final local d~velopment orders requesled, unless otherwis~ specified in this Section 2.10. All buffer ~thacks shall be m~asure~l from platted lot boundaries. The following Identifies the buffer according to !and us~ type: 1. Buffer along SRM (Davis Boulevard} and.OR951 (lsle of Capri Roa~ Is twenty feel (20'). 2. Buffer adjacent to agricultural zoning is ten feet (10'). 3. Buffer adjacent to RMF-12 zoning'is fifteen fet~ (15'). 4. Buffer adjacent to industrial zoning Is fifteen feet (15'). B. Internal Buffers 1. Hotel Parcel: a. 10' adjacent to commercial parcels b. 15' adjacent to'industrial parcels " c. 10' adjacent to internal right-of-way d. 10' adjacent to internal Zone B parcels 2. Commercial Parcels: n. 10' adjacent to hotel parcel b. 10' adjacent to industrial parcels c. 10' adjacent to Internal right-of-way d. 10' adjacent to internal Zone A pamela 3. Industrial Pamls: .. a. 15' adjacent to hotel parcel b. 10' adjacent to eommereial parcels c.. 10'. adjacent to internal right-of-way d. 10' adjacent to internal Zone C parcels C. The 15' wide landscape buffer adjacent to the internal right. of-way along the western property line shall contain a 6' high opaque fence or wall In addition to the required vegetation iP. dicated in Section 2.4.7.4 of the Collier County Land Development Code. 2.11 SIGNS Minimum standards for signs shall be in accordance with Division 2.5 of the Collier County I. and .Development 'Code in effect at the lime final local development orders are requested, unless otherwise specified in this section 2.11.' The following signs are permitted, per issuance of a building permit and subject to the restrictions below: Po~e or Orotmd Si_~rl~ Single occupancy parcels, shopping centers, oflice complexes, accommodations complexes or industrial parks having frontage of one hundred fifty feet (150') or more on a public street, shall be permitted one (1) pole, or two ('2) ground signs, In addition, multiple occupancy parcels such as shopping centers, office complexes, or industrial parks containing twenty five thousand (25,000) square feet or more Of gross leasable floor area will be permitted one (I) directory sign with a maximum size of two hundred fifty (250) square feet for a single entrance on each public street. I. Maximtsm allowable sign area - one hundred (I00) square feet for each pole or ground signs, or a maximum combined area of one hundred twenty (120) square feet for two (2) ground signs, except for approved directory signs. 2. Setbacks - fifteen feet (15) from any property line, public or private ~'ight of way, or easement, with Ihe exception of directory signs which may be located within the medians of private streets or easements, provkfed their location presents no visual obstructions, or traffic hazards to motorists or pedestrians. 3. Maxim~m allowable height - twenty five feet (25). Height shall be measured f'rom ihe lowest center line grade o1' Ihe nearest ptsblic or private right of' way or easemcnt to the uppermost portion o1' the sign structure. 4. The maximum size li/nitatton 'shall apply 'to 'each sign 'st~ct'ure. Pole or ground signs may be placed back to back, side by side, or in v-type construction with not more than one (!) display on each facing, and such sign structure shall be considered as one (I) sign. 5. Spot or floodlights shall be permitted only where. such spot. or floodlight is nonrevolving and said light shines only on Ihe owner's premises or signs and .. away from any right of way .... .~;. .~, ~ 2.12 USE OF RIGIITS-OF-WAY Utilization of lands within all project fights-of-way for landscaplng decorative entrance ways and signage. may be allowed subject to review and administrative approval by the Developer, and Ihe Collier County Development Services Director for englnecring and safety consldernlions, during the development review process and prior to any installations. 2, 13 AMEND~ TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PLID as provided in Article 2, Division 2.7, Section 2.7.3.5.1, of the Collier County Land Development Code. 2.14 LIMITATIONS OF PLANNED UNIT DEVELOPMF. A"~ APPROVAL This PUD is subject to the sunsetting provision as provided for within Article 2, Division 2.7, Section 2.7.3.4, of the Collier County Land Development Code. 2.15 PUD MONTYORING 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. If hazardous products or wastes are generated, used or stored on the site, a containment plan for hazardous material handling and emergency response shall be re<luired. An annual monitoring report shall be required on the types, quantities and disposition of the hazardous material. 2.16 ~ DEVELOPMENT PLAN APPROVAL The provisions of Article 3, Division 3.3 of the Collier County Land Development Code shall apply to the development of platted tracts or parcels. or land prior to the issuance of a building permit or other development order. 2.17 IMPACT FEES Development within the Project shall be subject to all lawfully adopted impact fees. Impact fee credits shall be granted to the Developer in accordance with Section 3.06 of the Road Impact Fee Ordinanc~ 92-22, 2.18 DEDICATION AND MAINTENANCE OF FACILIT,IES The Developer shall create appropriate property Owner association(s) which will be responsible for maintaining the roads, streets, drninage, common areas, and water and sewer improvements where such systems are not dedicated to the County, 2.19 OPEN SPACE REQUTREM'ENTS Pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County Land Development Ccx~e, at least thirty percent (30 ~G) of the project shall be devoted to usable open space. The total project is 97.0 acres rec~ulrlng a minimum of 29.1 acres to be retained s.s open space~ The open space calculation indicated on the PUD Master Plan' identifies 29.1 acres included in the Reserve, lakes and miscellaneous buffers and open space areas, which meets the requi3:ement. 2.20 NATIVI~ VEGETATION RETENTION REQUTR~ Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 or the Collier County Land Development Code, 25% or the viable naturally functioning native vegetation on site shall be retained. Approximately 12.0 acres of the wetland reserve and 32.0 acres of the pine upiand are impacted greater than fifty percent with melaleuca. Fifty percent of the combtned 44.0 acres deducted from the total project area of 97.0 acres leaves 75.0 acres of viable natural functioning native vegetation within the PUD boundary. Therefore I8.8 acres C2..5~ or lhe 75.0 acres) are required to be retained and are fully satisfied within the Reserve and miscellaneous buffers and open space indicated on the PUD Master, Plan and no further preservation shall be required. %. ~ sivJ~s4ston0m.s.. 2-7 .' SECTION III ZONE A - COMMERCIAL DISTRICT 3.1 PURPOSE The purpose of this Section i$ to identify permitted uses and development standards for areas within WESTPORT designated as Zone A on Exhibit "A", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated as Zone A (approximately 25.5 acres) on the PUD Master Plan are intended to provide a maximum of 255,000 gross leasable square feet of various retail, service, and office commercial uses to serve residents in the surrounding areas as well as provide highway oriented facilities. The 24.0+ acre commercial parcel located adjacent to C.R. 95 1 is within an Interchange ActiVity Center designation in the Growth Management Plan (GMT'). The permitted uses and structures for this parcel are as indicated in the following Section 3.3..The 1.5+ acre commercial parcel located adjacent to S.R. 84 is also within the Interchange Activity Center. The permitted uses and structures for thi~ parcel are as indicated in Section 3.4. 3.3 PERMX'ITED USES AND STRUCTURES - 24.0+ ACRES ON C.R. 951 No building or structure or pan thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: A. Permitted Principal Uses and Stnictttres 1. Amusement and Recreation Sewices (Groups 7911-7941, 7991, 7993). 2. Apparel and Accessory Stores (Groups 5611-5699). 3. Automotive Dealers and Gasoline Service Stations (Groups 5511-5599). 4. Automotive Relmlr, Set'vices, and Parking (Groups 7514, 7515, 7542). 5. B,ilding Materials, Hardware and Garden Supplies (Groups 5211-5261). 6. BusinessServices(Groups7311,7313,7319,7322-7323,7331-7338,7361, 7363, 7371-7379, 7381-7389).. .,. 7. Depository Institutions (Groups 601 8. F-riling and Drinking Places (Gw,ps 58,12-5813).' eanas~tmon,.,.- 3-1 .'. ~.~' 9. Engineering, Accounting, Research, Management, and Related Services (Groups 8711-8713, 8721, 874 1-8743, 8748). I0. Food Stores (Groups 5411-5499). 11. General Merchandise Stores (Groups 53 ! 1-5399). 12. FIealth Services (Groups 8011-8049, 8082, 8093, 8099). 13. Holding and Other Investment Offices (Groups 6712-6799). 14. Home Fumlture, Furnishings, and Equipment Stores ((3mups 5712-5736). 15. Insurance Agents, Brolcers, and Service (Group 6411). 16. Insurance Carriers (Groups 6311-6399). 17. Legal Services (Group 8111). 18. Membership Organizations (Groups 8611-8651, 8699). 19. Miscellaneous Repair Services (Group 7631). 20. Miscellaneous Retail (Groups 5912-5962, 5992-5999). 21. Motion Pictures (Groups 7833, 7841). 22. Nondepository Credit fnstitutions (Groups 6111-6163). 23. Personal Services (Groups 7211, 7212, 7215, 7219, 7221-7251, 7291, 7'299). 24. Real Estate (Groups 6512, 6519-6553). 25. Recreation (C31'oups 7911-7933, 7941, 7993, 7997). ' 26. Security and Commodity Broken, Dealers, Exchanges and Services (Groups 6211-6289) 27. Social Services (Groups 8322-835 1, 8399). · ... 28. Any other commercial us~ or professional service which is comparable in nature with Ihe toregoing t~ses and which the Development Services Direclot determines !o be compntible in this dlslrlcl. B. Permitted Accessory Uses and Slructures I. Uses and structures that are accessory and incidental [o uses permitted in Ihis district. :3,4 FERMrIITED USES AND STRUCTURES - 1,5:1: ACRES ON S,R, 84 No building or structure or pad thereof, shall be erected, altered or used, or land uses, in whole or part, for other Ihan the following: A. Permitted Principal Uses and Structures l. Accounting, Auditing and Bookkeeping Services (Group 8'/21). 2. Apparel and Accessory Stores (Groups :5611-5699). 3. Auto and Home Supply Stores (Group '5531). 4. Automobile Parking (Group 752]). 5. Business Services (Groups 73l I, 7313, 7322-T338, 7361-7379, 7384, 7389, except auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel ctitling and sillling). 6. Child Day Cam Services (Gwup 8351). 7. Drug Stores and Proprietary Stores (Group 5912). 8. Eating Places (Group 5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premiso consumption are subject to locatlonal requirements of Sec. 2.6. I0. 9. Electrical Repair Shops (Group 7622 radio, television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines). 10. Engineering, Archileclural, and Sterveying Services (Groups 8711-8713). I 1. FOod Stot;es (Groups 54 ! I -5499). ~ 12. Gasoline Service Stations (Group 5541 'subject to Section 2.6.28). ';% to/'Xv~-dit~.t. " 3-3 13. Group Care Facilities (Category ! and IT); Care Units except t'or homeless shelters; and Nursing Homes, subject to See. 2.6.26). 14. Hardware Stores (Group 5251). 15. Ffealth Services (Groups 8011-8049, 8082). Home Furniture, Furnishing, and ECtuipment Stores (Groups 5712-5736). 17. Individual and Family Social Services (Group 8322 actlvtty centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only), [8. Insurance Carriers, Agents and B~okers (Groups 6311-6399, 6411). 19, Legal Services (Group 8111). 20. Libraries (GrotJp 8231). 21.. Management and Public P, elations Services (Groups 8'/41-8743, 8748), 22. Membership Organizations (Groups 8611-8699). 23. Miscellaneous Personal Services (Group 7291) 24. Miscellaneeus Repair Services (Groups 7629-7631). 2.5. Miscellaneous Retail (Groups .5912-.5963, except pawnshops and all uses dealing with secondhand merchandise, .5992-5999). 26. Mtlsetlms and Art Galleries (Group 8412). 27. Non-depository Credit InstiltJtions (Groups 6111-6163). 28. Paint, Glass and Walll~aper Slores (Group 5231). ' 29. Personal Services (Orot~ps 721 I, 7212, '721.5, '7216 non-industrial dry cleaning only, 7221-72.51, 'T291). 30. Public Administration (Grotxps 9111-9199, 9229, 931 i, 9411-9451, 95! 1- 9.532, 9611-9661) .... 31. Real .F. stale (Grotsps 653[-6541). :32. Retail Nurseries, Lawn and Garden Supply Stores (Group 526I). ~' 33. Security and Commodity Drokers, Dealer, Exchanges and Services : (Groups 6211-6289). 34. United Stales Postal Service (Group 4311, except major disln'bu!ion tenlet). 35. Velerinary Services (C3roups 0?42, 0752, excluding outside kennellag). 36. Video Tape Renlal B. Permitted Accessory Uses and Structures 1. Uses and structures that arc accessory and incidental to uses permitted in :~ this district. ni 3.;5 D~'TEI,OPM'ENT STANDARDS A.Minimum Lot Area: Ten thousand (10,000) square reef. ]vtinimu m Lot Width: One hundred rect C.Minimum Yard Requirements: l. Front Yard: Twenty-five feet C25'). 2. All other yards: Fifteen feet (35'). 3, No structure will encroach into Ihe required upland butter surrounding the Reserve. D. Maximum Hetght: Thirty-five rcet (35'), except rot non-functional architectural elements (such as bell towers), which shall have a maximum height of fifty reef CS0'). E. Minimum Floor Area of' Principal Structure: Seven hundred (700) square rect gross floor area for each building on lhe ground floor. P, Distance belween principal structures: None, or a minimum or five feet (5') with unobstructed passage from front to rear yard. C}. ]V[inimum standards for signs, parking, lighting, and landscaping shall be tn necordance with Collier County LInd DevcTopment Code in erl'ect at the time final local development orders are requested unless otherwise specl. fied heroin under Sections 2.9, 2.10 and 2.! I. · . SECTION IV ZONE B - ACCOMMODATIONS DISTRICT 4.1 I~URFM3SE The purpose of this Section is to identify permitted uses and development standards for the area within WESTPORT designated as Zone B on Exhibit. 'A', PUD Master Plan. . 4.2 GENERAL DESCRIFI10N The area designated as Zone B on the PUD Master Plan is intended to provide lands for loudst accomrnedations and support facilities. T'ne plan will accommodate a maximum of 150 hotel rooms. The Zone B parcel is located adjacent to C.R. 951 and h within an Interchange Activity Center designated In the ClMP. 4.3 FERMITII/D USF. S AND STRUCTUR.-ES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and StnJctures .! 1. Hotels and motels. · B. Permitted Accessory Uses and Structures ~.' I. Uses and structures that are accessory and incidental to uses permitted In this district. 2. Shops, personal serv{ce establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where stich uses are to be used by patrons of the hotel/motel and are an integrated part of the hote//motel. with common architectural standards, even if contained in a free-standing building. 3. Recreational facilities that serve as an integral pan of the permitted uses which may tnchide, but are not limited to, pool, tennis facilities, parks, playgrounds and playfields. 4.4 DEVELOI'MENT STANDARDS A. Minim,m Lot Area: One (I) acre. B. Minimum Lot Width: One hundred fifty feet (I50'). · ;::, C. Minimum Yard Requirements: I. Front Yard: Fifty-five percent (55~3 of building height with a minimum of twenty feet (20). 2. All other yards: Twenty feet (20). 3. No structures will encroach into the required upland buffer surrounding the :. Reserve. D. Maximum Height: Sixty feet (60') or six stories, whichever is greater. E. Maximum Density Permitted: A maximum of 150 rooms for hotels and motels. Fr. Distance between principal structures: Fifteen t'cet (!:5') or one-half (t,6) the sum of the building heights, whichever is greater. 0. Floor Area Requirements: Minimum standards shall be in accordance with Article2, Division2.2, Section 2.2.8.4.7 of the Collier County Land Development Code. H. Minirnt, m standards for signs, parking, lighting, and landscaping shall be in accordance wilh Collier County Land Development Codes in effect at Ihe time final local development orders are requested unless otherwise specified herein under Sections 2.9, 2.10 and 2.11. SECTION V ZONE C - LIGHT INDUSTRIAL DISTRICT 5.1 PURPOSE The purpose of th}s Section is to identify permitted uses and development standards for areas within WESTPORT designated as Zone C on Exhibit "A", PUD Master Plan. :5.2 GENERAL DESCRIFFION Areas duignated as Zone C on the PUD Master Plan are intended to provide a maximum of 450,000 square feet of gross floor area of light industrial uses on 31.5 acres. The floor area ratio (FAR) for the designated industrial land uses is approximately .43, which is below the maximum allowed FAR of .45 required pursuant to the Activity Center sub- district requirements of the FLUE. The permitted uses and structures and development standards for the industrial {and uses are similar to the standards required in an industrial PUD, as set forth in Section 5.3. :5.3 PERMrFrED USES AND STRUCTURES No building or structure, or part Ihereof, shall be erected, nilered or used, or land or water used, in whole or in part, for other than the following:. A. The permitted principal uses and structures will generally consist of corporate offices and-headquarters, light. manufacturing, processing and' packaging, laboratories and clinics. and research, design and product development. 1. Agricultural Services (groups 0782, 0783) 2. Apparel and Other Finished Prod,elm (groups 231 !-2399). 3. Automobile Rental, Leasing, and Parking (groups 7513-7521). 4. Building Construction (groups 1521-1542). 5. Business Services (groups 7312, 7313, 7319, 7334-7335, 7342-7389, including auction rooms (5999), subject to parking and landscaping for retail use). 6. Cornmunicattoni (groups 4812-4899) subject to Article 2; Division 2.6, Section 2.6.35.6.5. of Ihe Collier County Land Development Code, not to include free standing towers. 7. Constnlction-Special Trade Contractors (groups,1711-l'799). 8. F. ating Places (5812). 9. Educational Services (8243-8249). 10. ~leelr0nic and Other 13eclrical Equipmenl (groups 3612-3699). 11. Engineering, Accounllng, Research, Man2gement and Relaled Services (groups 8711-8748). 12. Fabricated Metal Products (groups 34! 1-3479, 3491-3499). 13. Food and Kindred Products (groups 2011-2099 except slaughtering plants). 14. Furnitttre and Fixtures Cgroups 2511-2599). 15. l-fal th Services (8011 accessory to industrial activities conducted on-site only). 16. Industrial and Commercial Machinery and Compuler Equipment C3511- 3599). 17. JtJstice, Public Order, and Safely (groups 9221, 9224, 9229). 18. Local and Suburban Transit (groups 41 ! 1-4r73). 19. Ltsmber and Wood Prodtscls (gro,ps 2426, 2431-24~)9). 20. M~asuring, Analyzing, and Controlling lnstn~ments; Photographic, Medical and Optical Goods; Watches and Clocks (groups 3812-3873). 21. Membership Organizations (Croup 861 !). 22. Miscellaneous Manufacturing Industries ('groups 3911-3995, 3999). 23. Motion Picture Production and Distribution (groups 7812-7829). 24. Motor Freight Transporlalion and Warehousing (groups4212, 4213, 4215- 4226 except oil and gas sicrage, and petroleum and chemical bulk stations). 25. Personal Services (groups 721 !-7219). 26. Printing, 'Pt,blishing and 'Allied lnduslr[es (groups 271 !-2796). II/'JI/'~N-III'_""'~-_'~Inl ::' !!"' 27. Recreation (.group 7991). 28. Social Services (groups 8331, 8351). 29. Transportation Equipment (grottps 3714, 3716, 3731, 3732, 3751, 3761, ~: 3764, 3769, 3792, 3799). 30. Transportation Servlces (groups 473 1 , 4783). 3|. United States Postal SetWee (4311).. 32. Miscellaneous IRepairs (7622-7699). 33. Wholesa/e Trade-Durable Goods (groups '5012-5014, 5021-5049, 5093, 5094-5099). 34. Whole~aleTradc-NondurableGoods(groupsS!ll-5159,5181,5182, S[91 except that wholesale di,~tr~bution of chemicals, fertilizers, insecticides, and pesticicles shall be a minimum of 500 feet from a resider~tla] zomlirll; d ist rict, 5192-5199). 35. Any other light industrial tl~ or service which |s comparab|e in nature with the foregoing u~es and which the Development Service Director determines Io be compnlible ~n this district. B. Permitled Accessory Uses and Stn~clures I. Uses and structures that am accessory an4 |ncidenta| to uses iM~rmltted this district. 2. Retail sales and;or display are,'~s as accessory to Ihe princlpa| us~, not to exceed an area greater than twenty percent (20%) of the gross floor area of Ihe permitted principal 5.4 DEVELOPMENT STANDARDS A. Minimum Lot Ar.,ra: One (~) acre. B. Minlm~,m Lot Widlh: One hundred twenty-five (~25'). C. Minimum Yr, rd Requirements: |. Fru,~t Yard: Twenty-five fee! (25'). 2. All OIher Yards: Twe,ty feet (20'). ~.~. ., /,, ;,: .,, .:. , ~' :. ~' \ ' ~ .. : ,~. 3. No structure will encroach into the requirr. d upland buffer surrounding the 4. Minimum Building Setback from Perimeter Boundary of PUD: a. Fifty fe~t (50') for buildings up to thirty five feet 0~') in beighL b. Three feet (3') for every one fool of building height over thirly five (35') adjoining residential districts. D. Maximum Height: Fifty feet (50'). 11. Minimum standards for sll~ns, parking, lighting and landsc~ping shall be in accordance with Collier County Land Development Code In effect at the time final local development orders are requested, unless otherwise specified heroin under Sections 2.9, 2.10 and :2.1 I. 1~o No outside slotage or display shall be permitted, all manufacturing, etc., shall be conducted in a fully enclosed building. O. Fencing along property lines or platted lots and PUD boundaries shall be designed to be decorative and shall be constructed or materials such as but not limited to wood, concrete, masonry, vinyl, etc. SECTION VI R.F_,SERVE 6.1 PURPOSE The purpose of this Section is Io set forth regulations for areas wlthln WESTPORT designated as Reserve on Exhibit *A*, PUD Master Plan. 6.2 CENERAL DF..SCRfI'TION Areas designated as Reserve on the PUD Master Plan are designed to accommodate conservatlon and limited water management uses and functions. The primary purpose of the Reserve is to retain approved Collier County wetland systems. The boundary of the Reserve was established Using the Collier County wetland jurisdiction delineation as depicted on Exhibit B, .Aerial Photograph.. 6.3 ~TTED USES' AND STRUCTURES No building or structure, or pan thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Open space/nature preserves. 2. Passive recreational areas and boardwalks. 3.Biking, hiking, nature trails, excluding asphalt paved surfaces. 4. Water management facilities and structures. 5. Any other conservation and related open space activity or use which is comparable in nature wlth the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. 6.4 RESERVE CONSERVATION EASEMENT A non-exclusive conservation easement or Iract iS requ!red by Coillet' County Land Development Code Section 3.2.8.4.7.3 for preservation.lands included in the Reserve. In addition to Collier County, a conservation easement may also be required by other regulatory agencies w!th j~wrisdiction over Reserve lands. In addition to complying with provisions of the Collier Co,nty Land Development Code, said easement shall be pwvided in accordance with Ihe terms set forth in 'the applicable permit granted by s,'lid agencies. -. SECTION Vll G.F, NERAL DEVELOPMENT COMMI~tEIVI~ 7oi I~iVIRONMENTAI, A. An exotic vegetation removal, monitoring, and.maintenafice plan for the site, with emphasis on the Conservation/Preservation areas, shall be submitted to Project Plan Review Environmental Staff for review and approval prior to final site plan/construction plan approval. 7.:2 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's eslablished rates. C. The utilities for the project's water distribution and wastewater collection systems shall be designed and constructed to connect the project Io the District's facilities tn accordance with Counly criteria and the County's Masler Plan. D. In order Io assure ulillties service to this project, !he existing off-site water distribution and sewage transmission facilities of the District must be evaluated for hydmt,lic capacity and improved as required, consistent with the County's Master Plan. 7.3 WATER MANAGEMENT A. A copy of South Florida Water Management District PermR or Early Work Permit with staff report is required prior to final site development plan approval. B. Detailed water management plans and calculations, signed and sealed by a Rorida Professional Engineer shall be provided. C. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of Collier Counly Orclinnnce No. 92-73 and Soulh Florida Water Management DislricI rifles. sar~,u.~smms .s, 7- ! ' D. Prior Io site development plan approval, a Big Cypress Basin (SFWMD) right-or- way permit allowing the crossing of drainage basin boundaries and allowing discharge into Henderson Creek shall be submitted. I~. Authorizalion from South Florida Water Management District to direct stormwater n~norf inlo Ihe properly Io Ihe south shall be provided prior to construction plan approval. I=. A cross-section of perimeter berm shall be provided prior to preliminary subdivision plat approval. O. Prior to construction plan approval, it shall be demonstrated that Henderson Creek has the capacity to handle the discharge from Westport Commerce Center, '7',4 TRANSI"C)RTATION A. The developer will pay an approp~ate fee required by the County's Road Impact Ice Ordinance 92-22, as amended, as building permits are issued for the proposed project. B. The developer will make a fair share contribution toward the capital cost of a traffic signal(s) when deemed warranted by the County, The signal(s) will be owned, operated and maintained by Collier County. C. The developer will provide appropriate turn lanes and. street lightinl~ at all project entrances. D. The location of accesses will be conslslent wilh the Collier County Access Management Policy (Resolution 92-442). COMMUNITY SERVICES MAP >J GRE:EN BLVD, rn , '~ I ~DEN, ~ATE ~O,O Ro~D ,, ~ ~ ~ PROJECT ,~ LOCATION ,, DAVIS BLVD. f/ RA~LESNAKE HAMMOCK ROAD .. 4 :' '~. BRE.DEPARTMENT ~, PARK, ~, SCHOOL. I: GOLDEN GATE ELEMENTARY .. 2 GOLDEN GATE MIDDLE SCHOOL __3 GOLDEN TERRACE ELEMENTARY SCHOOL q LELY ELEMENTARY SCHOOL ~ SOLID WASTE FACILITY EXHIBIT E STATE OF FLORIDA ) COUNTY OF COLLIER I, DWIGHT E. BROCK, Clerk or Courts tn and for the Twentieth Judicial CIrcuit CallJar County Florida, do hereby certify that the foregoinU is a true copy of: Ordinance No. 94-56 which was adopted by the Board of County Commissioners on the 18th day of October, 1994, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, F]orJda, this 24th day of October, 1094. ~ DWIGHT R. BROCK C]er~ of Courts and clerk,j, · Ex-offlcjo to Board of '/ County Com[Zssio~ers ',~ ' . .//. ;. ~.