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Ordinance 94-64 ORDINANCE NO. 94-~4 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0622; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SIERRA ? .' MEADOWS, LOCATED ON THE SOUTHWEST CORNER ~.' OF COUNTY ROAD 951 AND RATTLESNAKE HAMMOCK ROAD IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, _ FLORIDA, CONSISTING OF 90.8+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. ~: ...~- W~EREAS, Robert L. Duane, of Hole, Montes and Associates, Inc., representing Ayres 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 in Section 22, Tow71ship 50 South, Range 26 East, Collier County, Florida, is changed from "A" to "PUD" Planned Unit Development in accordance with the Sierra Meadows PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 0622, 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 this Ordinance has been filed with the Secretary of State. -l- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 20th day of December , 1994. / OARD OF COUNTY COMMISSIONERS , BY T~~. ~ON~NTINE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK '. APPROVED AS TO FORM AN~..LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY PUD-94-01 ORDINANCE mh/11087 -2- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 20th day of December , 1994. / OARD OF COUNTY COMMISSIONERS , BY T~~. ~ON~NTINE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK '. APPROVED AS TO FORM AN~..LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY PUD-94-01 ORDINANCE mh/11087 -2- TABLE OF CONTENTS Page SECTION I - Statement of Compliance 1 - 1 SECTION II - Pwperty Ownership, Legal Description and Short Ti~e 2 - 1 SECTION III- Statement of Intent and Pwject Description 3 - l SECTION IV - General Development Regulations 4 - I SECTION V - Permitted Uses and Dimensional Standards for Residential Development 5 - I SECTION VI - Permitted Uses and Dimensional Standards for Commercial Development 6 - l SECTION VII - Transportation Requirements 7 - 1 SECTION VIII - Utility and Engineering Requirements g - I SECTION IX - Water Management Requirements 9 - 1 EXHIBITS A. PUD Mas~ Plan SECTION I STATEMENT OF COMPLIANCE The development of 90.8:1: acres of property in Section 22, Township 50 South, Range 26 East, as a Planned Unit Development to be known as SIERRA MEADOWS will be in compliance with the planning goals and objectives of the Collier County Growth Management Plan for the following t~sons: 1.1 Relevant portions of the subject property are within the Urban-Commercial District/Activity Center Subdistrict that permits up to sixteen (16) dwelling units per acre; and other portions are located within the one mile density band around the intersection of C.R. 951 and Rattlesnake Hammock Road that permits up to seven (7) dwelling units per acre, as identified on the Future Land Use Map and referenced in Objective ! of the Future Land Use Element (FLUE) of the Collier County Growth Management Plan. 1.2 Activity Centers are the preferred locations for the concentration of mixed-use residential and commercial development activities. The proposed development includes both residential and commercial uses, i.e. a mixed-use development, which is entirely consistent with the FLUE. 1.3 Provisions are included in the project to minimize the number of ingress and egress points onto Rattlesnake Hammock Road and C.R. 95 I. 1.4 Improvements are planned to be in compliance with applicable !and development regulations as set forth in Objective 3 of the Future Land Use Element. 1.5 The project will be served by a full range of services and utilities provided by the County and will result in an efficient and economical expansion of facilities as required in Policies 3.1H and 3.1L of the Future Land Use Element. 1.6 The project is compatible with and complementary to adjacent existing and future land uses, as required by Policy 5.4 of the Future Land Use Element. 1.7 The PIned Unit Development includes open spaces, natural features and wellands which are preserved from future development so as Io enhance their natural functions and to serve as project amentries, consistent with the Conservation and Coastal Management Element of the Collier County Growth Management Plan. 1-1 1.8 All final local Development Orders for this project are subject to the Collier County Concurrency Management System as implemented by the Adequate Public Facilities Ordinance. 1.9 The projected density of four hundred and twenty-five (425) dwelling units at 6.6 dwelling units per gross acre is in compliance with the Future Land Use Element of the Growth Management Plan and below the maximum density permitted that is 624 units. Activity Center 12. ! ! 6 193.6 Density Band 52.3 7 366,1 Bonus 64.3 I 64.3 i-2 SECT[ON II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE 2.1 PROPERTY OWNERSHIP The subject property is currently owned by Ayres Partnership, a Florida General Parmership. 2.2 LEGAL DESCRIPTION The North one-half (N-~) of tie Norill one-half (N-~), except the Northwest quarter (NW-'A) of tie Northwest qusrter (NW-~) and wad right-of-way and le~s the Westerly 400 feet, Section :22, Township S0 South, Range 26 East, Collier County, Florida. 2.3 SHORT TITLE This ordinance shall be known and cited as the 'SIERRA MEADOWS PLANNED UNIT DEVELOPMENT ORDINANCEs· 2-1 SECTION III STATEMENT OF INTENT AND PROfECT DESCRIPTION 3.1 INTRODUCTION Approximately 36 of the :[-90.8 acres, proposed for development and conservation, are located in an area designated for an Activity Center in the Future Land Use Element of the Collier County Growth Management Plan. Therefore, it is the developer's intent to establish a Planned Unit Development meeting the requirements for a Master Planned Mixed-Use Activity Center as set forth in the Future Land Use Element of the Collier County Growth Management Plan. The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices and to implement the Collier County Growth Management Plan. 3.2 PROJECT DESCRIPTION The project comprises 90.8:1: acres, located in the Southwest comer of CR 951 and Rattlesnake Hammock Road, in Section 22, Township 50 South, Range 26 Fast. The proposed mixed-use project will consist of a maximum of 26.5 acres of commercial land uses, 25.7 acres of residential land uses, together with a minimum of 34.7 acres of conservation area, and 3.9 acres of right-of-way and impacted conservation and berm area. Access to the site is provided from both CR 951 and Rattlesnake Hammock Road through proposed median openings to provide ingress and egress to both arterial and collector roadways. A maximum number of four hundred and twenty-five (425) dwelling units arc proposed and one hundred and sixty thousand (160,000) square feet of gross floor area. The project anticipates a b..'o~ range of retail land uses and residential uses within the Activity Center to meet the :riteHa for a Master Planned Mixed-Use Activity Center. 3.3 LAND USE PLAN A. The PUD Master Plan contaihs a total of four (4) residential tracts, two (2) commercial tracts at the present time, two (2) conservation tracts, and road rights of way. 3-! PROPOSED MASTER PLAN USES Description Tracts Acres % Commercial E, H 26.5 29.2 Residential A, C, D, F 25.7 28.3 Conservation B, G 34.7 38.2 Right-of-Way R 1.8 2.0 Impacted Conscrvatlon HA 2.1 2.3 3.4 CONSERVATION Conservation Tracts B and 13 are intended to provide a combination of weftand preservation, weftand restoration, and upland preservation. Preserve Tract B will also serve to create a viable wildlife corridor running north-south through the property. Modifications can be made to the boundaries of preservation areas depicted on the PUD master plan subject to the review and approval of the Development Services Director, and other necessary applicable environmental agencies. The conservation areas will be incorporated into the water manngement system for the projecL The resulting water management system will be designed to route site run-off into lakes and/or swales for treatment prior to discharge into the wetland preserve areas. This inundation will maintain the hydropedod and depth of inundation of the preserved weftand areas and thereby maintain the viability of the welland functions. PRO.IECT PHASING The anticipated time for build-out of the entire project is six (6') years or by 1999. Residential development anticipated to be absorbed at the rate of one hundred (100) units per year, with completion anticipated in 1996 or 1997. Commercial development of the neighborhood center is anticipated to commence during the 1996-1991] period, however, commercial outparcels may develop before this lime, pursuant to approval of Preliminary and Final Subdivision Plats. 3-2 SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the general development regulations that accompany the PUD Master Plan. Section V sets forth standards for residential uses and Section VI sets forth standards for commereial uses. 4.1 GENERAL Regulations for development of Sierra Meadow~ shall be in accordance with the contents of this PUD Ordinance, and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD Ordinance) which are in effect at the time of issuance of the first Development Order to which said regulations relate which authorizes the construction of improvements, such as, but not limited to: final subdivision plat, final site development plan, excavation permit, and preliminary work authorization. Where this PUD Ordinance, and general land development regulations fail to provide development standards, then the provisions of the most similar zoning district in the Collier County Land Development Code shall apply. 4.2 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County Land Development Code. 4.3 EASEMENTS FOR LrrILITIES Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County and other permitting agencies. All necessary easements, dedications or other instruments shall be granted to ensure continued operation and maintenance of all services and utilities. 4.4 AMENDMENTS TO THE MASTER PLAN The Master Plan is designed to be flexible with regard to the placement of buildings, water management facilities, and the boundaries of tracts as long as the final design complies with all the applicable portions of the PUD ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the Sierra Meadow~ Master Plan upon written request of the Developer based on the following, in addition to the standards provided in Article 2, Division 2.7, Section 2.7.3.5 of the Land Development Code. 4ol !. The minor changes are limited to recon~guration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. 2. To rcconfiguro lakes, ponds, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County and there is no furlher encroachment to preserve areas. 3. Internal realignment of rights-of-way other than relocadon of access points to extcnlal streets. 4. Reeonfiguration of residential or commercial parcels where there is no encroachment into preserve areas, 4.5 PROJECT PLAN APPROVAL REQUIREfrONTS Attachment "A", PUD Master Plan, constitutes the requireci PUD Development Plan. Subsequent to, or concurrent with, PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in See. 3.2, Land Development Code. Prior to recording of the Final Subdivision Plat. when required by the Subdivision Regulations set forth in See. 3.2, Land Development Code, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. The provisions of See. 3.3, Land Development Code, regarding site development plans shall apply to the development of all platted tracts, or parcels of land, as provided in said See. 3.3, Land Development Code, prior to the issuance of a building permit or other development order. 4.6 PROVISION FOR OFF-SiTE REMOVAL OF EARTHEN MATERIAL The excavaiion of earthen material and its stockpiling in prepantion of water management facilities or to otherwise develop water bodies is hereby permitled. If, after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: 4-2 A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to So:. 3.5.5.1.3, Land Development Code, whereby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Development Services Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of option and haul routes. In any event, no timetable shall be approved for off-site removal in excess of ninety days from date of approval. C. All provisions of See. 3.5, Land Development Code are applicable. 4.7 SUNSET AND MONITORING PROVISIONS SIERRA MEADOWS shall be subject to Sec. 2.7.3.4, Land Development Code, time limits for approved PUD Master Plans and So:. 2.7.3.6 Monitoring Requirements. 4.8 POLLING PLACES Any community recreation/public building/public room or similar common facility located within SIERRA MEADOWS may be used for a polllug place, if determined necessary by the Supervisor of Elections, in accordance with Sec. 2.6.30, Land Development Code. 4.9 DENSITY AND IN'I'ENSI~ A maximum of twenty.six and one half acres (26.5 acres) of cornmercial land area, with a maximtun of one hundred and sixty thousand (160,000) square feet of gross area is proposed within the 36 acres potentially available for commercial !and uses within the Activity Center, pursuant to the Density Rating System of the Collier County Growth Management Plan. The Density Rating System of the Collier County Growth Management Plan permits up to sixteen (16) dwelling units per acre within portions of the Activity C~nter proposed for residential us~ and s~ven (T) dwelling units per acr= for the balanco of the prolnly falling insid~ the Density Band (.s~ also Statement of Compliance, Section l-9). A maximum of four hundred and twenty-five (425) dwelling units are proposed to be developed in SIERRA MEADOWS. The Collier County Growlh Management Plan permits a total of 624 dwelling units to be developed on the subject property. The maximum residential density permitted on residential tracts C, D and F are sixteen (16) dwelling units per acre and twelve (12) dwelling units per acre on Tract A. 4-3 4.10 MODEL HOMES/SALES CENTER - OTHER STRUCTURES FOR PROMOTION Model homes, sales centers and other uses and structures related to the promotion and sale of real estate, such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout SIERRA MEADOWS subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6 of the Collier County Land Development Code. The limitations of Section 2.6.33.4, regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each subdivision phase. 4.11 LANDSCAPING REQUIREMENTS All landscaping requirements, buffers, walls, berms, etc. shall be developed in conformance with requirements of Division 2.4 of the Collier County Land Development Code pertaining to landscaping and buffering. 4.12 OPEN SPACE AND COMMON AREAS The PUD Master Plan identifies approximately 35 acres of open space in the conservation area. The conservation area, combined with other open spaces in residential ar~as, satisfies the open space r~quirements of Article 2, Division 2.6, Section 2.6.32 of the Collier County Lnnd Development Code. 4.13 SIGNS Single occupancy parcels, having frontage of one hundred fifty feet (150') or more on a public su-eet, shall be permitted one (1) pole, or two (2) ground signs. In addition, multiple occupancy parcels such as shopping centers, containing twenty-five thousand (25,000) square feet or more of gross les~ble floor area will be permitted one (I) directory sign with a maximum size of two hundred and fil~y (250) square feet for a single entrance on each public street. 1. Maximum allowable sign area - one hundred (I00) square feet for each pole or ground signs, or n 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 right-of-way. or easement, with the exception of directory signs which may be located within the medians of private streets or easements, provided their location presents no visxml obstructions, or traffic hazards to motorists or pedestrians. 4-4 3. Maximum allowable height - twenty five fe~t (25'). Height shall be measured from the lowest center line grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. 4. The maximum size limitation shall apply to each sign structure. Pole or ground signs may be placed back to back, side by side, or in V-type construction with not more than one (l) display on each facing, and such sign structure shall be considered as one (I) sign. 5. Spot or floodlights shall be permiRed only where such spot or floodlight is non- revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 6. Any other sign requirements shall be the same as those permitted by Section 2.5 of the Collier County Land Development Code. 4.14 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, twenty-five (25) pc~nt of the viably functioning native habitat shall be retained. The proposed Master Plan with fort,/(40) percent of the site set aside in a cons~'vation area, consisting of both w~fland and upland areas, satisfies native vegetation retention requirements. 4. I 5 COMMON AREA MAINTENANCE Common Area Maintenance, including the maintenance of common facilities, open spaces, conservation areas, and the water management facilities shall be the responsibility of the home owners' association, together with any applicable permits and conditions from the South Florida Water Management District, the U.S. Army Corps of Engineers and the Florida Department of Environmental Regala~on. 4.16 USE OF RIGHT-OF-WAY The developer at the time of Final Subdivision Platting has the option of either designating the wad rights-of-way for either private or public use. 4-5 4.17 GENERAL PERMITTED USES The following uses shall be considered general permitted uses in Sierra Meadows. A. C-~n~al Permitted U~.s: i. Essential services as set forth under Collier County Land D~velopment Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Conservation related uses in areas depicted for conservation on the PUD Master Plan. 4. Guardhouses, gatehouses, and access control structures. 5. Parks and to meet the needs of on-site residents. 6. Temporary construction, sales, and adminismitive offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses, subject to 2.6.33 of the Land Development Code. 7. Landscape futures including but not limited to landscape buffers, betins, fences, and walls. 8. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Development Standards - General Permitted Uses: Unless otherwise set forth in this document, the following development standards $hll apply to uses enumerated above: 1. Setback fwm back of curb or edge of pavement of any road - fifteen feet · (15') except for guard houses, gatehouses, and access control structures which shall have no required sethack. 2. Setback fwm pwperty lines - one half (!/2) the height of the structure. 3. Minimum distance between accessory structures - five (5) feet. 4. Minimum distance between principal structures - ten {I0) feet. 4-6 5. Maximum height of structures - twenty five (25) feel 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks, bikepaths, and cart paths may occur within required buffers, however, the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 9. Boardwalks, viewing platforms and other uses consistent with the purpose of pwmo~ng passive recreational use in conservation areas depicted on the PUD Master Plan, subject to applicable requirements of permitting agencies. 10. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. 4°7 SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL LAND USE 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within SIERRA MEADOWS designated on Exhibit "A", PUD Master Plan for residential use that includes Tracts A, C, D and F. :5.2 MAXIMUM DWELLING UNITS A maximum of five hundred and eight (50g) residential dwelling units may be constructed on lands designated for residential use. 5.3 GENERAL DESCRIPTION Residential tracts A, C, D nnd F on the PUD Master Plan are designed to accommodate a full range of residential dwelling types, recreational facilities, essential acrvices and customary accessory uses. The approximate acreage of residential tracts are depicted on the PUD ~ Plan. This acreage is based on conceptual designs and is approximate. 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 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, amenity areas, water management facilities, and other similar uses found in residential areas. 5.4 PERMITED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Principal Uses: (a) Single Family Detached Dwellings (b) Single Family Patio and Zero-Lot Line Dwellings (c) Tv/o-family and Duplex Dwellings (d) Single Family Attached and Townhouse Dwellings (c) Multi-family Dwellings, including Gaxden Apartments (f) Any other housing type which is comparable in nature with the foregoing uses and which the Development Scrvie.~'$ Director determines to be compatible with residential uses. 2. A~ry Uses and Structures: (a) Ac. eessoty uses and structures customarily associated with principal uses permitted in this district. 5.5 DEVELOPMENT STANDARDS 1. Table I sets forth the Development Standards for land uses for residential tracts. SIERRA MEADOWS DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS 2. Single Family Patio and Zero-Lot Line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying Development Standards under Table !. Patio and Zero-Lot Line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code, Article 2, Division 2.6, Subsectlon 2.6.27. 3. Only one residential dwelling unit type shall be permitted on any tract designated for residential use. Where different dwelling unit types are planned on adjoining tracts, they shall be separated by recreational facilities, common areas, or landscape buffers. SECTION VI PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL TRACTS E AND G The purpose of this section is to set forth the permitted uses and development standards for areas within Sierra Meadows designated on Exhibit "A" of the PUD Master Plan for commercial uses that include Tracts E and H. The maximum number of commercial acres are twenty-six and one half acres (26.5 acres), for which a maximum of one hundred and sixty thousand (160,000) S.F. of gross floor area is permined on the subject tracts or portions thereof. 6.1 PERMITlED USE Permitted use shall be as follows: 1. Accounting, Auditing and Bookkeeping Services (8721) 2. Agricultural Services (Group 0742 except for outdoor kennel ing) 3. Amusements and Recreation Services - Indoor (7911 to 7933, 7991 and 7997) 4. Apparel and Accessory Stores (Groups 5611-5699) 5. Auto and Home Supply Stores (5531) 6. Automobile Parking (7521) 7. Automotive Services, Supplies and Gasoline Station (Groups 5531 with primary emphasis on Sale of Automotive Parts and their Installation, but not unrelated Repairs; 5541 which may include a Car Wash as defined by 7542, with the exception of Bus and Truck Washing and Ancillary Repairs normally a function of a Full Service Automobile Gasoline Service Station.) 8. Automotive Repair, Services and Parking (Groups 7514, 7515, 7521) 9. Building Materials, Hardware and Garden Supplies (Groups 5211, 5231, 5251 - Outside Storage is limited only to Garden Supplies. See also Section 6.5.) I0. Business Services (Groups 7311-7352, 7359, except airplane, industrial truck, portable toilet and oil field equipment Renting and leasing, except gored car and dog rental, 7389 except auctioncering, bronzing, field warehousing, salvaging of damaged merchandise) 1 I. Child Day ~ Services (8351) 12. Communications (Groups 4812.-4841, except principal transmission towers) 13. DepoSitory lhstitutions (Groups 6011-6099) 14. Drug Stores and Proprietary Stores (5912) 15. Eating and Drinking Places (Groups 5812-5813. All establishments engaged in the retail sale of alcoholic beverages are subject to the locational requirements of Scc. 2.6. I 0) 16. Hotels and motels (Groups 701 I, 7021, 7041). 17. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748) 18. Food Stores (Groups 5411-5499) 19. General Merchandise Stores (Groups 5311-5399) 6-1 20. Group Care Facilities (Category ! and II); Care Units and Nursing Homes, subject  to Scc. 2.6.26 21. Group Housing, excluding Family CCar~acilitics, subject to Sec. 2,6.26 22. Hardware Stores (5251) 23. Health Services (Groups 801 i-8049, 8082) 24. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736) 25, Insurance Carriers, Agents and Brokers (Groups 6311-6399, 641 I) 26. Legal Services (8111) 27. Libraries (8231 ) 28. Management and Public Relations Services (Grou;~s 8741-8743, 8748) 29. Membership Organizations (8611-8699) 30. Miscellaneous Personal Services (7291) 31. Miscellaneous Retail (Groups 5912-5963, 5992-5999) !i~ 32. Motion Picture Theaters (7832) 33. Museums and Art Galleries (8412) 34. Non-depository Credit Institutions (Groups 6111-6163) 35. Paint, Glass and Wallpaper Stores (5231) 36. Personal Services (Groups 7212, 7215, 7217, 7219-7299) 37. Public Administration (Groups 9111-9199, 9229, 931 i, 9411-9451, 951 i-9562, 9611-9661) 38. Real Estate (Groups 6512, 6531-6541) 39. Retail Nurseries, Lawn and Garden Supply Stores (5261) 40. Security and Commodity Brokers, Dealer, Exchanges and Service (Groups 6211- 6289) 41. Veterinary Services (Groups 0742, 0752 excluding outside kenneling) 42, Video Tape Rental (7841) 43. Vocational Schools (Groups 8243-8299) 44. Any other general commercial use which is comparable in nature with the foregoing uses. ~ 6.2 ACCESSORY USES 1. Uses and structures that are nece,~,.sary and incidental to the permitted uses. 6.3 DIMENSIONAL,i~STANDARDS FOR PERMITTED USES ) squareinirrlre · w 3. Minimum Yard Requirements: a. Front Yard: Twenty-five (25) feet, plus one (1) foot for each one (1) foot ~ of building height over fifty (50) feet (lots with frontage on Tuolumne  Strcct and Mcrced Court, with the exception of Tract K, arc permitted a · fifteen (I 5) foot setback from these road right-of-ways). ~' b. Side Yard: Fifteen (15) feet. ~ c. Rear Yard: Zero (0) feet or five (5) feet. t, d. Any Yard Abutting a Residential Parcel: Twenty-five (25) feet. ~' 4. Maximum Height: Fifty (50) feet. 6-2 5. Minimum Floor Area: One thousand (I ,000) square feet for each building on the ground floor. 6. Maximum Floor Area: The maximum mount of commercial floor area to be constructed shall not exceed one hundred and sixty thousand (160,000) square feet. 7. Minimum Off-Street Parking and Off-Street Loading: As required in Sec. 2.3, Land Development Code. 8.Landscaping: As required in Sec. 2.4, Land Development Code. 9. Merchandise Storage and DispJay: Unless specifically permitted for a use, outside storage or display of merchandise is prohibited. 10. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential, which is located within two hundred (200) feet of the source of light. I I. Signs: As required in Sec. 2.5, Land Development Code. 6.4 Dimensional standards for accessory uses shall be as nxluired in Sec. 2.6.2, I. amd Development Code. 6.5 OUTSIDE STORAGE Outside storage shall not constitute the principal use of the property but may be permitted in conjunction with an anchor tenant of the retail center provided outside storage of goods are only related to garden supplies and limited to a maximum height of twenty (20) feet, and one thousand (1,000) 8.F. of storage area. SECTION Vll TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the Project Developer. 7.1 The developer shall provide medal level street lighting at all project entrances points. 7.2 The developer shall provide sidewalks/bikepaths along all arterial roadway frontages. ' 7.3 Transportation Impact Fee Credits, if any, shall be allowed in accordance with the provisions of Ordinance 92-22, as mended. Internal access improvements ~nd external access improvements (turn lanes, street lighting, etc.) shall not be eligible for any such credits. 7.4 The developer shall provide a fair share contribution towards a traffic signal at the intersection of Rattlesnake Hammock Road and CR 951 and at the intersection of Rattlesnake Hammock Road and Polly Avenue (Future Santa Barbant Boulevard Extension) when deemed warranted by the County. Computation of fair share shall be based on a traffic volume/capacity analysis. The County shall own, operate and maintain any such signals. 7.5 If Sierra Meadows proceeds in advance of four-Inning on Rattlesnake Hammock Road, the project shall be limited to three access points on this roadway. The easterly two access points shall be a minimum of 660 feet apart and shall be no closer than 660 feet to the intersection of CR 951 and Rattlesnake Hammock Road. The westernmost access point shall be at least 1,320 feet west of the middle access point. For the three access points on Rattlesnnke Hammock Road, the westernmost may be a full median opening under future four-lane conditions. The same may be permitted at the center access point. The easternmost access point shall be restricted to a directional entry to the site. The County shall reserve the fight to control any median opening and shall reserve the right to modify or close any median opening if, in the County's opinion, traffic volumes, turning movements or accident records indicate that an unsafe or hazardous condition has developed. 7.6 If Sierra Meadows proceeds in advance of four.inning of CR 9:51, the project shall be limited to two access points. The southernmost access point shall be located as far south as is practical but in no case shall be less than !,100 feet south of the intersection of CR 951 and Rattlesnake Hammock Road. The northerly access point shall be no less than 600 feet south of the intersection of CR 951 and RaUlesnake Hammock Road. For the CR 9:51 access points, the southernmost entrance shall b~ limited to a fight° in/right-out access ~only and the northernmost entrance may be permitted a full median opening under future four-lane conditions. However, the County shall reserve the Hght to control any median opening 7-I and shall reserve the right to modify or clos~ any median opening if, in lhe County's opinion, traffic volumes, turning movements or accident nw. ords indicate that an unsafe or hazardous condition has developed. 7.7 Subsequent platting shall make provision for extending a right-of-way to the contiguous Lely, A Resort Community, to the south of the subject pwperty, as iljustrated on the Sierra Meadows Master Plan, Exhibit "A". SECTION VIII UTILITY AND ENGINEERING REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitment of the Project Developer. 8.1 UTILITIES A. The on-site water distribution system to serve the project must be connected to the District's 12" water main in Rattlemake Hammock Road and the 20" water main in County Road 951 consistent with"the main sizing requirements specified in the County's Water Master Plan and extended throughout the project facihti B. The existing off-site water ' ' 'es of the District must be evaluated for hydraulic capacity to serve this project and r~inforced as required, if necessary, consistent with the County's Water Master Plan to ensure that the Distrlct's water system can hydraulically provide a sufficient ~iuantity of water to meet the anticipated demands of the project and the District's existing committed capacity. C. The existing off-site sewage tran,,~msslon facilities of the District must be to rv this project and improved as required evaluated for hydraulic capacity ~e · outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 8.2 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Development Services Director. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, C.The p~oject shall be platted in accordance with Seo. 3.2, Land Development Code, to define the right-of-way and tracts as shown on the PUD Master Plan. D. The developer and all subsequent petitioners are hereby placed on notice that they shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plat, Site Development Plans ,'rod any othcr application that will result in the issuance of a final or final local development order. E. At the time of the Preliminary Subdivision Plat (PSP) submittal, Kings Canyon Way shall be shown as a corn~ercial roadway .section pursuant to Appendix ~B" SECTION IX WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the Project Developer. 9.1 Detailed paving, grading and site dralrmgc plans shall be submitted to the Development Services Director 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 Development Services Director. 9.2 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. 9.3 Landscaping shall not be placed within the w~ter management areas unless specifically approved by Development Services Director. The buffer strip shown on the PUD Master Plan shall, however, be permitted to be located within the 25 foot berm easement as indicated on the PUD Master Plan. 9.4 A copy of South Florida Water Management District (SFWMD) Permit or Early Work Permit with staff report is required prior to construedon plan approval. Also, a copy of SFWMD Permit Modification for Lely PUD accounting for Sierra Meadow~ PUD storm water discharge plus the su~ace runoff from the west into the Lely w~ter management system shall be submitted prior to construction plan approval. STATE OF FLORIDA COUNTY OF COLLIER i, DWIGHT E. BROCK, Clerk of Courts in and ~or the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 94-64 which was adopted by the Board of County Commissioners on the 2Oth.day of December, 1994, during Regular Session. WITNESS my hand and the official seal o$ ~he Board of County Commissioners of Collier County, Florida, this 22nd day of December, DWIGHT E. BROCX " Clerk of Courts ,~qd Cler~' -'jx-offjclo to Boar-d of , Coul]ty Commissioners ~/.' /s/Maureen Kenyon Deputy Clerk