Ordinance 93-83 ORDINANCE 93- 83
Clerk
OtSo~r(! AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102 THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COHPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING
ATLAS MAP(S) NUMBERED 9631N AND 9631S BY
CHANGING THE ZONING CLASSIFICATION OF THE
XEREIN DESCRIBED REAL PROPERTY FROM "PUD"
TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN
AS BRIARWOOD PUD, FOR PROPERTY LOCATED
ONE (1) MILE EAST OF AIRPORT ROAD (CR-31)
ON THE NORTH SIDE OF RADIO ROAD (CR-856),
'. IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 209.17 ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 89-36, AS
AMENDED, THE FORMER BRIARWOOD PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert L. Duane of Hole, Montes and Associates,
Inc., representing McAlpine (Briarwood), Inc. and Republic
Development Corporation of Ohio, 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 31, Township 49 South, Range 26
East, Collier County, Florida, is changed from "PUD" to "PUD"
Planned Unit Development in accordance with the PUD Document,
attached hereto as Exhibit "A" which is incorporated herein
and by reference made part hereof. The Official Zoning Atlas
Map(S) Numbered 9631N and 9631S, as described in Ordinance
Number 9~-102, the Collier County Land Development Code, are
hereby amended accordingly.
' SECTION TWO:
Ordinance Number 89-36, as amended, known as the
Briarwood PUD, adopted on June 13, 1989 by the Board of
County Commissioners of Collier County is hereby repealed in
its entirety.
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.
PASSED A/~D DULY ADOPTED by the Board of County
/~.i': Commissioners of Collier County, Florida, this day of
~ '. ~~, 1993.
~TEST: ..... ~., BOARD OF COUNTY COM~ISSIONERS
DWIGHT:E;.' B, R0~K,' CLERK COLLIER COUNTY, FLORIDA
~'; ~, .. . . ... . : '.
~' "t'~'/' ' . ~<' ~ '7 - '~
BURT
L.
SAUNDERS,
CHAIRMAN
~.t<~ *..i...~..". ,,%'~ ..~.
'. ~RIE M.: S~D~T ~ o~tate% Offlc~t~
'.: ASsIST~ Co~Y A~O~Y ~d~ of~ ~
: ,. ~ acknowledgement of t~t
.~t
'
FOR
BRIARWOOD
PLANNED UNIT DEVELOPMENT
SECTION 31
TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
ENGINEERS: HOLE, MONTES ANB ASSOCIATES, INC.
AMENDMENT PETITION
Ii- FILING DATE - NOVEMBER, 1975 -
CCPC APPROVAL - MARC}{, 1976 - May 18. 1989
BCC APPROVAL - MAY 18, 1976 - June 13. 1989
ORDINANCE NO. - 76-22 - 89-36
"" Revised 6/7/89
~.:.: Revtsad -/7/93
BRIARWOOD PUD
STATEMENT OF COMPLIANCE
The development of approximately 209.17 acres of property in
Collier County, as a Planned Unit Development known as BRIARWOOD,
is in compliance with the goals, objectives and policies of Collier
County as set forth in the Growth Management Plan. The commercial,
residential, recreational, and other development authorized herein
will be consistent with the growth policies, land development
regulations and applicable comprehensive planning objectives of
each of the elements of the Growth Management Plan in effect at the
time of approval by the Collier County Board of County
Commissioners for the following reasons:
Residential Project
1. The subject property is within the Urban Residential land use
designation as identified on the Future Land Use Map as
required in Objective 1, Policy 5.1 and Policy 5.3 of the
Future Land Use Element.
2. The subject property's location in relation to existing or
proposed community facilities and services permits the
development's residential density as required in Objective 2
of the Future Land Use Element.
3. The project development is compatible and complementary to
existing and future surrounding land uses as required in
Policy 5.4 of the Future Land Use Element.
4. Future improvements are planned to be in compliance with all
current and applicable land development regulations as set
forth in the Growth Management Plan and amendments thereto.
5. The project development results in an efficient and economical
extension of community facilities and services as required in
Policies 3.1H and L of the Future Land Use Element.
6. The project development incorporates a natural system for
water management in accordance with their natural functions
and capabilities as required by Objective 1.5 of the Drainage
Sub-Element of the Public Facilities Element.
7. The maximum density is less than 2.85 dwelling units per acre
and is in compliance with the Density Rating System of the
Future Land Use Element of the Growth Management Plan.
8. The project includes extensive open space and incorporates
natural features to provide a high quality of life for its
residents.
Commercial Project
~' 1. The commercial portion of the project has been determined to
be consistent with Policy 5.10 of the Future Land Use Element
by virtue of the fact that an exemption was approved by the
Collier County Board of Commissioners pursuant to the Zoning
i~ Re-Evaluation Program.
SHORT TITLE
Th~e Ordinance shall be known and cited as the BRIARWOOD
Planned Unit Development Ordinance.
Index
STATEMENT OF COMPLIANCE
LIST OF EXHIBITS
~Ro~-R~ o~'s~sx~i~ ~D DZSC~I~IO~ S~CTIO. I
PR CT DEVELOPMENT SECTION II
TRaCT SF.' SINGLE FJ~ILY RESIDENTIAL DE~LOI:~ENT SECTION III
TRACT A: MULTI-FAMILY RESIDENTIAL DEVELOPMENT SECTION IV
TRACTS D & E: RECREATION AND CONSERVATION SECTION V
TRACTS B & C: COMMUNITY COMMERCIAL SECTION VI
DEVELO~NT ST~DJ~BS SECTION VII
LANDSCAPE DEVELOPMENT SECTION VIII
LIST OF EXHIBITS
EXHIBIT A BRIARWOOD Developmen~ PUD Master Plan
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
The purpose of this Section is to delineate the location and
ownership of the Subject Property and to describe the existing
conditionsDf the property proposed to be developed under the
project name BRIARWOOD.
1.2 LEGAL DESCRIPTION
The Subject Property is described as:
The West % of the West %; and the Southeast ~ of the Northwest
~; and the Southeast % of the Southwest %, less that portion
conveyed by Deed dated August 17, 1971 and recorded September
2, 1971 in O.R. Book 413, Page 212, Public Records of Collier
County, Florida; and less that portion deeded for State and
Road Right-of-Way, with parcels being situate and lying in
Section 31, Township 49 South, Range 26 East; Collier County,
Florida, consisting of 209.17 acres, more or less, being
subject to restrictions and reservations of record.
The Briarwood PUD no longer includes the following parcel:
A parcel of land located in the Southwest % of Section 31,
Township 49 South, Range 26 East, Collier County, Florida,
being more particularly described as follows:
Begin at the Northeast corner of Tract D-2 of BRIARWOOD Unit
One according to the Plat thereof recorded in Plat Book 18, at
Pages 40 through 42 of the Public Records of Collier County,
Florida; thence run North 88'07'03" East, along the South line
of the Northeast % of the Southwest % of Section 31, Township
49 South, Range 26 East, for a distance of 999.79 feet to a
point on the East line of the West ~ of said Section 31;
thence run South 00'08'22" West along the East line of the
West % of said Section 31 for a distance of 51.66 feet; thence
run South 87'47'50" West for a distance of 1,000.00 feet to a
point on the Easterly boundary of said BRIARWOOD Unit One;
thence run North 00'08'22" East along the Easterly boundary of
said BRIARWOOD Unit One, for a distance of 57.25 feet to the
POINT OF BEGINNING, containing 1.249 acres, more or less.
Subject to easements, reservations or restrictions of record.
1.3 PROPERTY OWNERSHIP
The Subject Property is owned by McAlpine (BRIARWOOD), Inc.,
a Florida corporation, and Republic Development Corporation,
a corporation of Ohio.
~,. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA
~,/ A. The general location of the Subject Property, the current
~'~ zoning classifications of the surrounding properties and
nearby land developments are iljustrated by Exhibit "B".
B. The project site contains ~209.17 acres and is located in
. the West % of Section 31, Township 19 South, Range 26
East, which is approximately one (1) mile east of Airport
Road and situated between Radio Road and Golden Gate
canal. While it is bounded by Radio Road on the South
and Golden Gate canal on the North, the Eastern boundary
is provided by a high voltage transmission line belonging
to Florida Power and Light Company and the Western
boundary is the proposed Livingston Road right-of-way.
C. The current zoning classification of the Subject Property
is Planned Unit Development (P.U.D.).
The property is with the Collier County Water-Sewer
District and Collier County Water Management District 1.
~ 1.5 PHYSICAL DESCRIPTION
.: The project is located within Water Management District No. 1
i[ and most of the area is within the drainage basin of the
!:, Golden Gate Canal. Water management for the proposed project
is planned to be of the lake retention type.
Elevations within the project site are approximately nine (9)
feet above sea level.
;'. The soil types on the site are approximately ninety-five
percent (95%) Arzell Fine Sand and five percent (5%) Broward
Fine Sand. The depth to bedrock in the area varies from five
(5) feet to fifteen (15) feet below natural ground surface.
Soil characteristics were derived from the soil survey of
Collier County, Florida, issued by the U.S. Department of
Agriculture in March, 1954.
The site is a typical pine-cypress woodland with the following
existing vegetation:
? Slash Pine (Pinus elliotti) l Pond Cypress (Taxodium
ascendens) scattered; Saw palmetto (Serenoa repens) often
'~i growing in large defined masses; Dahoon holly (Ilex
. cassine) scattered; Cocoplum (Chrysobalanus icaco)
scattered; Wax Myrtle (Myrica cerifera) scattered;
Melaleuca (Lalaleuca leucandendra) mature trees with
isolated dense to scattered strands of second generation
growth. In addition, there exists an Oak-palm hammock
(defined on Exhibit H) of predominantly Quercus species
and cabbage palms (Sabal palmetto).
SECTION II
PROJECT DEVELOPMENT
2.1 PUI~POSE
'The purpose of this Section is to delineate and generally
describe the project plan of development, the respective land
uses of the tracts included in the project, as well as the
project criteria for BRIARWOOD.
2.2 GENERAL
A. Regulations for development of BRIARWOOD shall be in
accordance with the contents of this document, PUD-
Planned Unit Development District and other applicable
sections and parts of the Collier County Land Development
Code in effect at the time of Building Permit
application.
Unless otherwise noted, the definitions of all terms
shall be the same as the definitions set forth in Collier
County Land Development Code.
2.3 PROJECT PLAN AND LAND USE TRACTS
A. The project plot plan, in¢luding layout of streets and
'~i. land use of the various tracts, is iljustrated
graphically by Exhibit "A", BRIARWOOD Development Plan.
There shall be ten (10) land uses, the configuration of
" which is also iljustrated by Exhibit "A".
1. Tract SF: Single-Family Residential 89.70 acres
2. Tract A: Multi-Family Residential 18.30 acres
3. Tract B & C: Community Commercial 15.99 acres
4. Tract D: Recreation Area 3.00 acres
5. Tract E: Conservation Areas 7.00 acres
6. Lake Area 31.00 acres
7. Right-of-way 27.00 acres
8. Future Livingston Road Right-of-way 11.80 acres
9. FPL Easement 2.80 acres
10. Open Space/Buffer 2.58 acres
~'; Total 209.17 acres
¢? B. Areas iljustrated as lakes by Exhibit "A" shall bm
constructed lakes, or upon approval, parts thereof may be
constructed as shallow, intermittent wet and dry
~ depressions for water retention purposes. Such areas,
lakes and intermittent wet and dry areas shall be
designed for rain storms of twenty-five (25) year
frequency and shall be in the same general configuration
and contain the same general acreage as shown on Exhibit
2 - 1
"A". The lakes and interconnecting drainage swales shall
be dedicated to Collier County to ensure their continued
availability. The maintenance of the lakes and
interconnecting drainage swales within Tract E shall be
the responsibility of the owner of Tract E.
C. In addition to the various areas and specific items shown
in Exhibit "A", such easements (utility, private, semi-
public, etc.) shall be established within or along the
various Tracts as may be necessary or deemed desirable
for the service, function or convenience of the project's
inhabitants.
D. Fill material from the project may be sold for off-site
uses,
2.4 N~IMUM PROJECT DENSITY
No more than a maximum of 600 residential dwelling units,
single and multi-family, shall be constructed in the total
project area. The gross project area is 209.17 acres. The
gross project density, therefore, will be a maximum of 2.87
units per acre.
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
The anticipated development schedule for the entire BRIA/~WOOD
project is set forth by Exhibit "F" of this document.
Exhibit "A" (BRIARWOOD Development Plan) constitutes the
PUD Development Plan and the Preliminary Subdivision Plat or
Subdivision Master Plan, provided that supplemental
information required by subdivision regulations, not indicated
on the PUD Master Plan, shall be submitted to Project Review
Services for administrative review and approval prior to the
submission of detailed construction plans for building
permits.
A. The developer of any tract must submit a Conceptual Site
Plan for the entire tract prior to final Site Development
Plan submittal for any portion of the tract. The
developer may choose not to submit a Conceptual Site Plan
if a Site Development Plan is submitted and approved for
the entire tract.
B. The developer of any tract must submit, prior to or at
the same time of application for a building permit, a
detailed site Development Plan for his tract or parcel in
conformance with the Division 3.3 - Site Development
Plans of the Collier County Land Development Code. This
plan shall also show the location and size of access to
any tract that does not abut a public street.
2 - 2
.i~ C. In the event that any established tract as identified on
~ the approved PUD Master Plan is proposed to be further
divided in a manner that does not affect the approved
infrastructure, increase the number of dwelling units,
increase density, change the dwelling type or change
permitted uses within the tract, the developer shall
submit a revised PUD Master Plan indicating the division
of the established tract prior to the submittal cf a Site
Development Plan for the development of such a tract.
The revised PUD Master Plan shall be submitted to the
Planning-Zoning Director for review and approval.
D. Final Site Development Plan approval shall follow the
procedure as required by Division 3.3 - Site Development
Plans of the Collier County Development Code.
E. Model homes shall be permitted within this project
subject to the following provisions:
(1) Models may be allowed to be constructed prior to
the recording of plats for BRIARWOOD PUD. This may
be permitted only so long as no C.O.'s are granted
prior to plat approval and provided that a
conceptual site plan, in accordance with Section
2.6.A. above is approved prior to building permit
approval.
" (2) Models may be permitted as "dry models" without
:' temporary utility systems prior to availability of
central utility systems. The sales office model
can be temporarily connected to a septic tank and
well meeting the requirements of Florida
Administrative Code 10D-6.
This model center septic tank use is limited to one
year unless otherwise approved. The septic tank
installation shall comply with the requirements of
the Collier County Health Department. The septic
tank and well use shall be discontinued when the
central utility system is completed.
(3) Prior to recorded plats, metes and bounds legal
descriptions shall be provided to and accepted by
Collier County as sufficient for building permit
issuance.
~ (4) Temporary access and utility easements may be
provided in lieu of dedicated right-of-ways for
~ ingress, egress and utility service to model homes.
2 - 3
(5) site plan(s) shall be submitted at the time of
building permit application which contain the
information required under Section 2.6.A. above.
(6) Sales, marketing, and administrative functions are
permitted to occur in designated model homes within
the project.
(7) Temporary uses such as construction and sales
trailers shall be permitted subject to Section
2.6.3.3 - Temporary Use Permits of the Collier
County Land Development Code.
2.7 LAKE SITING
As depicted on the Master Land Plan (Exhibit A), lakes and
natural retention areas have been sited adjacent to existing
and planned roadways and throughout the project. The goals of
this are to achieve an overall aesthetic character for
project, to permit optimum use of the land, and to increase
the efficiency of the water management network. Accordingly,
the eetback requirements described in Division 3.5 -
Excavation, of the Collier County Land Development Code, may
be reduced with the approval of the County Engineer. Fill
material from lakes is planned to be utilized within the
project, however, excess fill material may be utilized
offsite, subject to the provisions of the Collier County Land
Development Code in effect at the time permits are sought.
Final lake area determination shall be in accordance with the
South Florida Water Management District stormwater criteria.
SECTION III
TRACT SF - PARCELS I THROUGH 10
SINGLE FAMILY RESIDENTIAL DEVELOPMENT
3.1 PURPOSE
The purpose of this Section is to indicate the development
plan and regulations for the area designated on Exhibit "A" as
Tract SF, Single Family Residential, which has been designed
specifically for the placement of homes for residential
occupancy upon lots which are owned by the residents thereon.
3.2 MAXIMIrM DWELLING UNITS
A maximum number of 395 single family units may be constructed
in this tract.
3.3 USES PERMITTED
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:
A. Principal Uses: Single Family Residences.
B. Accessory Uses: (1) Accessory uses and structures
customarily associated with
homes development, such as
recreation facilities, service
buildings, utilities and
private garages.
(2) Signs as permitted by County
Ordinance.
3.4 REGULATIONS
3.4.1 General: All yards, set-backs, etc.
shall be in relation to the
individual parcel boundaries
3.4.2 Minimum Lot Area: 6,000 square feet.
3.4.3 Minimum Lot Width: 60 feet average between front
and rear lot lines.
3.4.4 Minimum Yards=
A. Front Yard - 25 feet.
B. Side Yard - 5 feet.
C. Rear Yard - 10 feet.
D. All yards abutting a street shall be front yards.
Four-sided corner lots shall have two front and two
side yards. Five-sided corner lots shall have two
front, two side and one rear yard, with the rear
yard being farthest from the abutting streets.
3.4.5 Minimum Floor Area:
1,000 square feet of living area exclusive of patio
and garage.
3.4.6 Off-Street Parking Requirements~
Two parking spaces shall be required for each
dwelling unit, both of which shall be located
within the permitted building area.
3.4.7 Maximum Height:
Thirty (30) feet above finished grade of lot.
Accessory buildings limited to twenty (20) feet
above finished grade of lot.
~i" ' SECTION IV
'?. TRACT AC MULTI-FAMILY RESIDENTIAL DEVELOPMENT
PARCELS i AND 2
4.1 PURPOSE
The purpose of this Section is to indicate the development
plan and regulations for the areas designated on Exhibit
as Tract A, Multi-Family Residential.
Prior to the issuance of any building permit, detailed
architectural plans shall be submitted to the proper County
agencies for review and approval as to conformity with the
Development Plan and PUD document.
?, 4.2 MAXIMUM DWELLING UNITS
~ A maximum number of 205 dwelling units may be constructed on
· this tract.
: ~.. 4.3 USES PERMITTED
No building or structure, or part thereof, shall be erected,
altered or used, or land used, in whole or in part, f~r other
than the following:
".. A. Principal Uses=
'~.~ (1) Multi-Family Resi~ences.
B. Accessory Usesc
(1) Accessory uses and structures, inclu~ing private
';,!: garages.
-~:: (2) Recreational uses and facilities such as swimming
pools, children's playground areas, etc. such uses
shall be visually and functionally compatible with
the adjacent residences which have the use of such
facilities. Such facilities shall not restrict the
visual and functional enjoyment of the non-
participating residences.
(3) Signs as permitted by County Ordinance.
4 - i
4.4.1 Minimum Yards:
A. Radio Road Frontage - Seventy (?0) feet
measured from the North boundary of Radio Road
right-of-way as existing on January 1, 1975.
Such yards may be used for parking, carports,
and landscaping, except that in no instance
may land be devoted to vehicular use within
fifteen (15) feet of the future planned right-
of-way for Radio Road.
B.Dedicated Street Boundaries (other than Radio
Road) - Thirty-five (35) feet.
C. Tract Soundaries that are not Dedicated Street
Boundaries - Twenty-five (25) feet~ pool or
any screened enclosure may be reduced to
fifteen (15) feet.
4.4.2 Distance Between Structures:
There shall be a minimum separation between
structures of thirty (30) feet, or one-half (%} the
sum of the adjoining building heights, whichever is
greater. In instances where there shall be
structures on opposite sides of the same multi-
family tract, and these structures are separated by
a through accessway, a minimum of twenty (20) feet
plus one-half (%} the height of the structure.
4.4.3 Minimum Floor Area:
Each residential unit shall have a minimum floor
area of 750 square feet.
4.4.4 Maximum Height:
Four (4) floors of living area, with option of
having one (1) floor of parking beneath the living
4.5 PARKING AND ACCESS REQUIREMENTS
4.5.1 General Requirements and Specifications:
Each off-street parking space shall be at least
nine (9) feet in width and eighteen (18) feet in
length and shall be so arranged that no automobile
shall have to back into any dedicated street. Each
space shall be accessible from an access drive
which interconnects to a public right-of-way. All
4 - 2
off-street parking facilities, including aisles,
driveways and maneuvering areas, shall be surfaced
with a hard, dustless material.
All off-street parking facilities shall be suitably
sloped and drained so as not to cause any nuisance
to adjacent or public property.
Access drives shall have a minimum pavement width
of twenty-four (24) feet wherever there is parking
along their edge. Otherwise, minimum pavement
width of access drives shall be twenty (20) feet.
4.5.2 Location=
Parking spaces required for buildings within a
tract shall be located within said tract and shall
be located on the same side of the access drive as
the building being served.
4.5.3 Requirements:
Parking Spaces - Two (2) parking spaces per
residential unit. Twenty-five percent (25%) of the
required spaces may be preserved as green space and
improved as parking as future demand requires.
4.6 ACCESS TO RADIO ROAD
One access drive shall be permitted to connect Tracts A and SF
to Radio Road, and another access drive shall be permitted to
connect Tracts A and SF to future Livingston Road. One access
drive shall be permitted to connect Tracts B and C to Radio
Road and another access drive shall be permitted to connect
Tracts B and C to future Livingston Road.
SECTION V
TRACTS D AND E
RECREATION AND CONSERVATION
5.1 PURPOSE
The purpose of this Section is to indicate the Development
Plan and regulations for the area designated on Exhibit #A" as
Tracts D and E. Tract E, Parcels 1-3 shall remain as natural
open space. Tract D, Parcel I of 2 shall be a recreational
area and Tract D, Parcel 2 of 2 is temporary green space and
shall be dedicated to the County for extension of Livingston
Road when funding is in place for extension of Livingston
Road.
Applicant has agreed to dedicate one hundred (100) feet for
the extension of Livingston Road and twenty-five (25) feet for
the widening of Radio Road along its west and south
boundaries, respectively, at no cost to the County.
5.2 NATURAL OPEN SPACE
Tract E, Parcels I - 3, shall remain as conservation area. If
Tract D remain as natural open space, the following
regulations shall apply.
A. Permitted Uses
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:
(1) Natural Open Space.
(2) Water management facilities such as lakes, swales,
control structures and pumping stations.
(3) Central water treatment facilities in accordance
with all applicable State and County regulations.
(4) Recreational facilities (Tract D, Parcel i of 2
only).
B. Maximum Height
Twenty (20) feet above the finished grade of the
surrounding land.
5 - 1
,00K 064 PA 118
SECTION VI
TRACT B & C: COMMUNITY COMMERCIAL
6.1 PURPOSE
The purpose of this Section is to set forth the plan and
regtllations for the areas designated on Exhibit "An as Tract
B & C: Community Commercial.
6.2 USES PERMITTED
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. Principal Uses:
(1) Restaurants - No drive-ins.
(2) Cocktail lounges and retail package sales of
liquors and other beverages, no drive-ins, s~bJect
to the provisions of the Collie= County Land
I~velopment Code.
(3) Retail shops, shopping centers and stores. Retail
shops, shopping centers and stores may include
incidental processing and repair activities,
provided they are accessory and subordinate to the
retail sales use, and provided that all storage,
processing and repair of merchandise occurs within
the principal building except that such uses as
garden shops may be outside but within a totally
fenced area connected to the principal building.
(4) Financial institutions.
(5) Professional, business, financial, utilities
offices and services.
(6) Medical offices and clinics - for humans.
(7) Barber and beauty shops.
(8) Shoe repair shops.
(10) Laundry and dry cleaning pickup establishments and
self-service laundry.
(.11) Retail bakeries.
"~ (12) Tailoring, millinery, garment alteration and
:~ repair.
(13) Museums,
B, ACCESSORY USES:
(1) Accessory uses and structures customarily
associated with the uses permitted in this
district.
~ " (2) Signs as permitted by County Ordinance.
C. CONDITIONAL USES:
The property may be used for the following conditional
uses subject to Section 2.7.4, Conditional Use Procedures
of the Collier County Land Development Code:
(1) Transient lodging facilities with a minimum of
twenty (20) dwelling units.
(2) Schools and Colleges.
,. (3) Private Clubs, subject to the provisions of the
Collier County Land Development Code.
(4) Motion picture theaters and live theaters - no
drive-ins.
(5) Commercial and private parking lots and parking
garages.
(6) Service Station, subject to the provisions of the
Collier County Land Development Code.
6.3 REGULATIONS
'~ 6.3.1 Minimum Lot Area: None
6.3.2 ~inimum Lot Width: None
6.3.3 Minimum Yards:
A. Radio Road Frontage - twenty-five (25) feet
~;. measured from the North boundary of Radio Road
right-of-way which shall be the Radio Road
right-of-way as of January 1, 1975, along with
the twenty-five (25) feet set aside in this
Ordinance. Such yard shall not be used for
permanent structures and the first fifteen
(15) feet north of the new right-of-way shall
be a landscaped green belt.
· 6 - 2
.. B. Tract boundary lines and dedicated roads other
.~ .... than Radio Road - twenty-five (25) feet, [no
· parking shall be allowed nor any merchandise
stored or displayed in the outer fifteen (15)
.,. feet].
~:. C. Separation between structures - one-half
" of the sum of the heights of the structures.
6.3.4 Minimum Floor Area: 1,000 square feet per building
on the ground floor.
6.3.5 Maximum Height: 30 feet above finished grade.
. 6.3.6 Maximum Floor Area: twenty percent (20%) of
Commercial land area.
~i!' 6.4 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING
Off-street parking and off-street loading shall conform to the
requirements of the Collier County Land Development Code.
6.5 FUTURE RIGHT-OF-WAY REQUIREMENTS
A parcel of land parallel to Radio Road - twenty-five (25)
feet in width shall remain as an unused part of Tracts B and
C so that it may become a part of any future expansion of
Radio Road.
" The additional right-of-way (twenty-five (25) feet along Radio
~ Road) will be dedicated to the appropriate governmental agency
k~ at the time of the expansion of Radio Road.
!~i: 6.6 ACCESS TO RADIO ROAD AND FUTURE LIVINGSTON ROAD
One access drive may be permitted from Tract B and Tract C
connecting with Radio Road and in that event such connections
shall be at least five hundred (500)feet from the centerline
of BRIARWOOD Boulevard. Tracts B and C shall also have one
connection to future Livingston Road.
6.7 ACCESS TO BRIARWOOD BOULEVARD
Access from Tracts B and C to BRIARWOOD Boulevard shall be
limited to one (1) driveways. This internal access may be
provided when temporary sewage treatment plant is removed from
site.
Access from Tract A - Parcel 2 of 2 to BRIARWOOD Boulevard
shall be limited to one (1) driveway.
6 - 3
SECTION VII
DEVELOPMENT STANDARDS
7 · 1 PURPOSE
The purpose of this Section is to set forth the standards for
the development of the project.
All facilities shall be constructed in strict accordance with
the BRIARWOOD Development Plan and all applicable State and
local laws, codes and regulations. Except where specifically
noted or stated otherwise, the standards and specifications of
the Collier County Land Development Code in effect at the time
of approval of the record plat shall apply to this project.
?.3 BRIARWOOD DEVELOPMENT PLAN
A. Exhibit "A", BRIARWOOD Development Plan, iljustrates the
proposed development, and the location of the temporary
sewage treatment facilities as permitted by Sections III
and V of this document.
B. Except for such definitive facilities and demarcations as
street locations, Tract boundaries, etc., the design
criteria and system design iljustrated on Exhibit "A" and
stated herein shall be understood as flexible so that the
final design may best satisfy the project, the
neighborhood and the general local environment.
C. All necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance of all service utilities in the
proS act.
7.4 PROJECT DEVELOPMENT
The proposed development is iljustrated by Exhibit "A". The
proposed construction shall comply with the standards set
forth and the resulting complete project shall adequately
serve its occupants and members and will not cause a general
public problem. Such measures as the construction of cul-de-
sac at street ends, screens, signs, landscaping, erosion
c0ntrol and other similar-in-function facilities shall be
taken to accomplish the above set forth objective.
7.5 CLEARING, GRADING, EARTHWORK, AND SITE DRAINAGE
All clearing, grading, earthwork, and site drainage work shall
be performed in accordance with all applicable State and local
codes.
7 - I
The three (3) designated conservation areas in the project
will be protected during construction with fencing and
posting. The haul roads will be identified, and the
contractor will adhere to these roads, which will be
stabilized if sand traps occur.
7.6 STREET CONSTRUCTION
All public street design and construction shall meet the
Collier County standards that ars in effect at the time of
approval of the record plat.
BRIARWOOD ~oulevard shall be constructed as a four lane
divided section from Radio Road along the length of Tract A -
Parcel 2 of 2 with a transition to a two lane section within
three hundred (300) feet north of the north property line of
Tract A - Parcel 2 of 2. The remainder of BRIARWOOD Boulevard
and all other streets shall be constructed as two lane
sections.
A bicycle path shall be constructed along BRIARWOOD Boulevard
from Radio Road to the intersection of BRIARWOOD Boulevard
with Progress Avenue and future Livingston Road.
7.7 EASEMENTS FOR UNDERGROUND UTILITIES
Easements for underground utilities such as power, telephone,
TV cable, wastewater collection and transport, water
distribution lines and other similar utilities necessary for
the service of the project shall be located as required and
granted for those purposes. Clearing of the easements for
installation of underground utilities shall be selective so as
to protect the maximumnumber of trees and natural vegetation.
7.8 UTILITY DIVISION
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 Land Development Code, 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 Countyts established rates.
Should this county not be in a position to provide water
and/or sewer service to the project, the water and/or
sewer customers shall be customers of the interim utility
established to serve the project until the Countyts
offsite water and/or sewer facilities are available to
serve the project.
7 - 2
~""~ C. It is anticipated that the County Utilitiee Division will
~:~ ultimately supply potable water to meet the consumptive
:~;'. demand and/or receive and treat the sewage generated by
this project. Should the County system not be in a
position to supply potable water to the project and/or
receive the proJeotts wastewater at the time development
commences, the Developer, at his expense, wilZ install
and operate interim water supply and onsite treatment
facilities and/or interim onsite sewage treatment and
disposal facilities adequate to meet all requirements of
the appropriate regulatory agencies. An agreement shall
be entered into between the County and the Developer
binding on the Developer, his assigns or successors
regarding any interim treatment facilities to be
utilized. The agreement must be legally sufficient to
the County, prior to the approval of construction
documents for the project and be in conformance with the
requirements of the Collier County Land Development Code.
D. If an interim onsite water supply, treatment and
transmission facility is utilized to serve the project,
it must be properly sized to supply average peak day
domestic demand, in addition to fire flow demand at a
rate approved by the appropriate Fire Control District
servicing the project area.
E. The existing offsite water facilities of the District
must be evaluated for hydraulic capacity to serve this
project and reinforced as required, consistent with the
County's Water Master Plan to insure that the District's
water system can hydraulically provide a sufficient
quantity of water to meet the anticipated demands of the
project and the District's existing committed capacity.
F. The onsite water distribution system to serve the project
shall be connected to the District's twelve (12) inch
water main on Radio Road, extended to and throughout the
project, terminating at the project's north property line
at a point established by the Utilities Division,
consistent with the findings of Item 5 above. During
design of these facilities, the following features shall
be incorporated into the distribution system:
1. Dead end mains shall be eliminated by looping the
.; internal pipeline network.
~" 2. Stubs for future system interconnection with
ii:: adjacent properties shall be provided along the
east property line of the project, at locations to
;:' be mutually agreed upon by the Utilities Division
and the Developer prior to the design phase of the
pro~ect.
7 - 3
3. If oversizing of the project's water distribution
facilities to meet the needs of the County Water
Master plan is required pursuant to Items E & F,
the Developer shall enter into an Agreement with
the Collier County Water-Sewer District for that
work. The Agreement must be finalized and accepted
by the District prior to the approval of
construction documents for the project by the
County.
G. The utility construction documents for the project's
onsite sewerage system shall be prepared to contain the
design and construction of tho onsite and offsite force
main which will ultimately connect the project to the
future central sewerage facilities of the District at
Pump Station 3.10, to be located on Tract 10 of the
Foxfire Subdivision. The force main must be extended
from the main onsite pump station to a point outside the
proJectte southern boundary as specifically by the
Utilities Division and capped, unless the Countyts
central sewer facilities are available for connection at
the time of construction. It must be interconnected to
the onsite main pump station with appropriately located
valves to permit for simple redirection of the proJectts
sewage when connection to the County's central sewer
facilities become available. Ultimate connection to the
County's sewerage facilities will be the responsibility
of the Developer pursuant to the required Agreement
regarding the use of an interim sewage treatment facility
as specified in Item 3 above.
H. The utility construction documents for the project's
onsite sewerage system shall be prepared so that all
sewage ultimately flowing to the District's Master Pump
Station No. 3-10 is transmitted by one (1) main onsite
pump station. The Developer's engineer shall meet with
the County staff prior to commencing preparation of
construction drawings, so that all aspects of the
sewerage system design can be coordinated with the
District~s Sewer Master Plan.
7.9 SOLID WASTE DISPOSAL
Arrangements and agreements shall be made with an approved
solid waste disposal service to provide for waste collection
service to all areas of the project.
7.10 OTHER UTILITIES
Telephone, power and TVcable service shall be made available
to all residential areas. All such utility lines shall be
installed underground.
· 11 TRANSPORTATION
A. The main entrance to the residential portion of the
project (designated BRIARWOOD Boulevard on the site plan)
shall be in alignment with the main entrance to Foxfire
Subdivision.
B. ,. The developer shall provide a fair share contri~ution to
the capital cost of a traffic signal on Radio Road at the
main entrance to the project when deemed warranted by the
County Director of Transportation Services. The signal
shall be owned, operated and maintained by Collier
County.
C. The developer shall provide left and right turn lanes on
Radio Road at the main entrance to the project. This
construction shall be coordinated with the four laning of
Radio Road.
D. The commercial tract shall be limited to one access to
Radio Road and one access to the future Livingston Road.
Approval of these accesses at this time does not imply
that median openings will be permitted when these roads
are four 1shed. Appropriate turn lanes shall be provided
at each access.
E. The developer shall provide twenty-five (25) feet of
additional right-of-way throughout the project's Radio
Road frontage and one hundred (100) feet of right-of-way
along the section line atthe project's western boundary.
F. These improvements are considered "site related" as
defined in Ordinance 85-55 92-73 and shall not be applied
as credits toward any impact fees required by that
ordinance.
7.12 ARCHITECTURAL REVIEW
All buildings constructed within BRIARWOOD must comply with
the architectural review standards which shall be specified by
the recorded covenants and deed restrictions that go with the
properties.
7.13 ACCESSORY STRUCTURES
Accessory structures must be constructed simultaneously with
or following the construction of the principal structure and
shall conform with the setbacks of the principal structure.
7 - 5
14 SIGNS
All signs shall be in accordance with the Collier County Land
Development Code
7.15 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for offstreet parking areas shall be in
accordance, with Section 2.4 of the Collier County Land
Development Code.
..: 7.16 PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL EQUIPMENT
Major recreational equipment is hereby defined as including
boats and boat trailers, horse trailers, travel trailers,
pickup camper or coaches (designed to be mounted or motorized
vehicles), motorized dwellings or motor homes, tent trailers,
popout campers, houseboats, and the like, and cases or boxes
used for transporting recreational equipment, whether occupied
by such equipment or not. No major recreational equipment
shall be used for living, sleeping, or housekeeping purposes
when parked or stored on a residentially zoned lot or in any
location not approved for such use. Major recreational
equipment may be parked or stored only in a completely
screened area and cannot be seen from the exterior of the lot;
provided, however, that such equipment may be parked anywhere
on residential premises for a period not to exceed twenty-four
(24) hours during loading and unloading.
!! 7.17 PARKING COMMERCIAL VEHICLES IN RESIDENTIAL AREAS
A. It shall be unlawful to park a commercial vehicle on any
lot in a residential zoned district unless one of the
following conditions exists:
(1) The vehicle is engaged in a construction service
operation on the site where it is parked. The
vehicle must be removed as soon as the construction
or service activity has been completed.
(2) The vehicle is parked in a garage, carport, or
fully screened area and cannot be seen from the
!!! exterior of the lot.
(3) Automobiles, vans, pick-up trucks having a rated
load capacity of less than one ton, shall be
exempted from this Section.
7.18 WATER MANAGEKENT
"il A. The project shall be designed and constructed so as to
direct the surface runoff from all areas of the project
through the project water management system.
7 - 6
B. ~ dry'season pool may be maintained in the lakes portions
of the project by pumping from the Golden Gate Canal.
All required permits shall be obtained prior to pumping.
C. Detailed site drainage plane shall be submitted to the
Project Review SerVices for review. No construction
permits shall be issued unless and until approval of the
proposed construction, in accordance with the submitted
plans, is granted by the Project Review SerVices.
D2' An Excavation Permit will be required for the proposed
lake(s) in accordance with Division 3.5 of the Collier
County Land Development Code and South Florida Water
Management District rules.
E. Copies of the approval from South Florida Water
Management District for the conceptual plan and
construction/operations permit for each phase cf
construction sites be provided.
F. Revised Master Plan reflecting the relocation of Lakes 1,
2 and 7 to meet the requirements of Section 3.5.4 of the
Collier County Land Development Code. The typical lake
section shall also be revised to meet the requirements of
the Collier County Land Development Code.
G. Ail lakes will be "developer type" excavations unless
commercial uses are intended and identified in the PUD
document.
7.19 EXTERNAL ANTENNAS
Antennas, including but not limited to T.V., C.B., F.M. and
ham radio antennas, shall not be permitted to be located
external to the principal or accessory structures in
residential districts.
?.20 ENGINEERING
A. No development activity shall begin prior to approval of
final details plans, plats or Final SDPs. Excavation
work may begin only upon specific agreements between the
County and the applicant relating to quantity, location,
clearing, submission of final plans, bonding, etc.
B. All required Right-of-Way for Livingston Road and Radio
Road shall be dedicated to the County prior to approval
of construction plans for any tract. However, the
dedication may be part of the first plat.
C.Progress Avenue shall not be connected to the internal
roadway system until Livingston Road is built.
7 - 7
D. A Preliminary Subdivision Plat submission shall be
required, in accordance with Division 3.2 - Subdivisions,
of the Collier County Land Development Code as amended or
~ superseded, on all tracts as they are individually
developed. The submission will be administratively
~.i reviewed by staff prior to construction plan submission
.: by the applicant. If the tract is not intended to be
i subdivided, the applicant will submit an SDP application.
E~' No variances to the subdivision requlations are
~: requested, none given.
F. Conservation areas shall be identified by a survey and
preserved on the plat documents by easement or tract. If
lot lines are allowed to extend into the area, a minimum
of fifteen (15) feet setback from the preserve area shall
be required for all principal or accessory use
structures.
~. '. 7 · 21 ENVIRONMENTAL STIPULATIONS
A. Petitioner shall be subject to Division 3.9 - Vegetation
Removal, Protection and Preservation, Collier County Land
Development Code (or the tree/vegetation removal
ordinance in existence at the time of permitting),
requiring the acquisition of a tree removal permit prior
to any land clearing. A site clearing plan shall be
submitted to the Natural Resources Management Department
for their review and subject to approval prior to any
work on the site. This plan may be submitted in phases
to coincide with the development schedule. The site
clearing plan shall clearly depict how the final site
layout incorporates retained native vegetation to the
maximum extent possible and how roads, buildings, lakes,
parking lots, and other facilities have been oriented to
accommodate this goal.
~" B. Native species shall be utilized, as described below, in
the site landscaping plan. A landscape plan for all
! landscaping on the development shall be submitted to the
County Landscape Architect and to a County Environmental
Specialist for their review and shall be subject to their
approval. The landscape design shall incorporate a
minimum of sixty percent (60%) native plants, by number,
including trees, shrubs, and ground cover. At least
sixty percent (60%) of the trees, sixty percent (60%) of
the shrubs, and sixty percent (60%) of the ground cover
shall be native species. At the direction of the County
Landscape Architect or County Environmental Specialist a
high percentage of trees or shrubs can offset an equal
percentage of ground cover. For example, the use of
seventy percent (70%) native trees could allow the use of
only fifty percent (50%) native ground cover. This plan
shall depict the incorporation of native species and
%:i~i their mix with other species, if any. The goal of site
'.~'... landscaping shall be the recreation of native vegetation
~'~'~ and habitat characteristics lost on the site during
'~ . construction or due to past activities.
C. All exotic plante, as define~ in the Collier County Land
Development Code, shall be removed during each phase of
construction from development areas, open space areas,
and preserve areas. Following site development, a
maintenance program shall be implemented to prevent re-
invasion of the site by such exotic species. This plan,
which will describe control techniques and inspection
intervals, shall be filed with and subject to approval by
the Natural Resource Management Department and the
Community Development Division.
D. If, during the course of site clearing, excavation, or
other constructional activities, an archaeological or
historical site, artifact, or other indicator is
discovered, all development at that location shall be
immediately stopped and the Natural Resources Management
Department notified. Development will be suspended for
a sufficient length of time to enable tho Natural
Resources Management Department or a designated
consultant to assess the find and determine tho proper
course of action in regard to its salvageability. The
Natural Resources Management Department will respond to
any such notification in a timely and efficient manner so
as to provide only a minimal interruption to any
constructional activities.
E.' In conjunction with Florida Game and Freshwater Fish
Commission (FGFWFC), Petitioner shall transfer the gopher
tortoises to the conservation areas and/or leave the
tortoises where they are presently located. This is also
in accordance with Policies 1.1.5 and 7.3.5 of the
Collier County Growth Management Plan.
F. Petitioner shall designate the three (3) areas along the
western border of the site (the cypress wetland, xeric
habitatt and cabbage palm hammock} as conservation areas.
These areas shall be so designated on all subsequent site
plans. Buffer zones, at least ten (10) feet wide (twenty
(20) feet wide for Parcel i of 3 in Tract E), shall also
be established around each conservation area and shall be
designated on all future site plans.
7 - 9
LANDSCAPE DEVELOPMENT
8.1 PURPOSE
The purpose of this section is to establish guidelines for the
preservation of certain natural resources.
8.2 OBJECTIVE
To enhance the quality of the environment for future residents
of this development and the community as a whole by=
A. Establishing guidelines for maximum utilization of
existing natural vegetation within the development plant.
B.Preservation of Tract E - three (3) conservation areas,
in a natural unaltered condition.
C. Establishing guidelines for re-vegetation of cleared
areas.
8.3 PLANT COMt~JNITY ANALYSIS
The vegetation on the subject property can best be described
as a typical Pine flatwoods community in Collier County. The
site is virtually flat with less than one (1) foot change in
elevation over the entire property.
The site has been badly burned within the past three (3) or
four (4) years as evidenced by the numerous dead and dying
hatrack cypress. The few living cypress remaining onsits are
badly scarred and appear to be very stressed. No signs of
reproduction are visible, neither young trees or seed cones
are present.
There was a large wetland system present (on the 1983 aerial)
near the eastern, central edge of the property. This system
is virtually gone. All the wetland vegetation in this area
appears to have been destroyed by the fire(s). All that
remains are the burned-out stumps of the cypress trees.
Melaleuca has completely taken over this system. The
Melaleuca trees form a solid mass of twelve (12) foot to
eighteen (18) feet tall trees with occasional larger trees
scattered throughout this entire historic wetland area. The
trees are so dense the visibility into this area is
approximately nineteen (19) feet or less into the system.
A small cabbage palm/oak hammock exists near the south central
edge of the subject property. This area would be a very
attractive and desirable portion of the landscaping for the
project if it is preserved.
Vegetation present on the property includes the following=
Slash pine (Plnus elliotti)~ few scattered Pond cypress
(Taxodium ascendens), numerous large defined monocultures of
saw palmetto (Serenoa repens), scattered Dahoon holly (Ilex
caseins), cabbage palms (Sabal palmetto), was myrtly (Myrica
cerifera), cocoplum (Chrysobalanus icaco), and a few isolated
oaks (Quercus sp.), Brazilian peppe£ (Schinus tsrebinthe-
folius) is present in considerable numbers and is scattered
throughout the property. Melaleuca (Helaleucaquinqeuneriia)
has invaded the entire parcel. Density of the Melaleuca
varies from occasional, scattered trees to a monoculture of
trees that is crowding out and replacing the original native
vegetation on approximately sixty-five percent (65%) of the
property.
All exotics, Brazilian pepper, Melaleuca and downy rose myrtle
should be removed from the property as it is being developed.
No endangered or threatened species were observed on this
property with the single exception of gopher turtles. The
lite has an unusually large number of gopher turtles. There
are one or more burrows in each palmetto patch throughout the
property. Four (4) active turtle burrows out in open forest
areas with no cover present anywhere near the entrance were
also found.
LANDSCAPE DEVELOPMENT
8.4.1 Single Family Dwelling Sites=
Shall be excluded from landscape development by the
project sponsor. However, it shall not alter the
existing vegetation within the dwelling lite
boundaries from its natural state except for these
areas where access may be required for construction
activities (to include but not limited to drainage,
utility easements, etc.). Said access areas shall
not exceed fifty (50) feet in width at any one
point and shall not exceed twenty percent (20%) of
the total dwelling site areas. They shall be
itab~lized with durable grasses.
8.4.2 Multi-Family, Streets and Right-of-Way and
Commercials
(to include Tracts A, B and C)
All landscaping for multi-family, and commercial
tracts and streets and right-of-ways shall be in
accordance with Division 2.4 of the Collier County
Land Development Code.
8.4.3 Tract E - Conservation Areas:
A.Function: Preservation of an invaluable
natural resource community. Provide an
opportunity for study and enjoyment of the
co~munityo
B. Treatment= Total protection of flora and
fauna. Prohibit vehicle and construction
equipment access. Removal of obnoxious
exotics. Prevent removal of valuable plant
life.
8,.4.4 Florida Power & Light Right-of-Way=
This area has been totally cleared and has been
stabilized with Bahia grass. This area may be used
tn part as open space and shall be vegetated with
appropriate grasses.
8.4.5 Lakes=
A.Function= Provide water retention, recreations
and visual quality for the community.
B. Treatmentz On completion of construction, lake
banks will be re-vegetated with durable
grasses to control erosion.
.... · .... ~ ~'~ . .
~..-
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., ~__
~ ,..', ·
,. ?.?:...', . PUD MASER PLAN
STATE OF FLORIDA
cOUNTY OF COLLIER )
~,' .' 2, DWIGHT E'; BROCK, Clerk of Courts In and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing ts a true copy of:
Ordinance No. 93-83
which was adopted by the Board of County Commissioners on
the 9th day of November, 1993, during Regular Session.
WITNESS my hand and the official seal of the Board of
;CoUl~y Comm~eetonera of Collier County, Florida, this 16th
day of November, !993.
B e/~aureen Kenyon ..', '
Deput~ C~erk ~'~ ~ 9 ~