Ordinance 92-004 ORDINANCE NO. 92- t,
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 AND AMENDING THE OFFICIAL ZONING
ATLAS MAP NUMBER 8630N BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS MOCAKE,
FOR COM24ERCIAL USES, FOR PROPERTY LOCATED
IN THE SOUTHEAST QUADRANT OF 1-75 AND
NAPLES-IMMOKALEE ROAD (CR-846),
APPROXIMATELY 600' EAST OF THE
INTERSECTION OF 1-75 AND NAPLES-IMMOKALEE
ROAD (CR-846), LOCATED IN SECTION 30,
TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF
7.8+ ACRES; AND BY PROVIDING A2~ EFFECTIVE
DAT E.
WHEREAS, Robert L. DuaDe of Hole, Montes & Associates,
Inc., representing Daniel Mona=o, Trustee, petitioned the
Board of County Commissioners to change the zoning
classification of the herein described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
The Zoning Classification of the herein described real
property located in Section 30, Township 48 South, Range 26
East , Collier County, Florida, is changed from A to "PUD"
!
Planned Unit Development in accordance with the MOCAKE PUD
Document, attached hereto as Exhibit "A" and incorporated by
reference herein. The Official Zoning Atlas Map Number 8630N,
as described in Ordinance Humber 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.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this day of
~~____, 1992.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST / ~/' ' BY:
~JAMEs C. G'I~ES, CLERK MIC.~t~%EL J. VOLPE~, ~ 'MI EL J. VOLPE IRMAN '
' '-;~ROV~O ~s *o ro~ AND ~B~A~. SUrF~C~CY
ASSISTANT COUNTY ATTORREY
This orCllnor~"~ t!led with the
PUD-g1-3 PUD ORDTNANC~. . . ., c '"s Off c"
ond ack~c~.~ .' :~e~ of.that
PLANNED UNIT DEVELOPMEA'T
for
MOCAKE
Prepared Fort
COLLIER COUNTY PLANNING SERVICES
.- 2800 North Horseshoe Drive
· ~, Naples, Florida 33942
Prepared By:
HOLE, MONTES & ASSOCIATES, INC,
715 Tenth Street South
Naples, Florida 33940
(813) 262-4617
HMA File No. 90.110
Date Filed: ~
Date Revised: ~
Date Reviewed By
CCPC: _~
Date Approved By
BCC: ~
Ordinance # 92-4
" ,oo, rS0 P, .:3'35
TABLE OF CONTENTS
PAGE
i~ SECTION I
:'.~:~ STATEMENT OF COMPLIANCE{ ................................. 1
SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIFrION AND SHORT TITLE . . 2
SECTION III
STATEMENT OF INTENT ...................................... 3
· SECTION IV
GENERAL DEVELOPMENT REGULATIONS ................... ;,,, 6
SECTION V
TRANSPORTATION REOUIREMENTS ........................... 10
,SECTION VI
UTILrTY REOUIREMENTS .................................... 11
~ SECTION VII
WATER MANAGEMENT STANDARDS ........................... 14
SECTION VIII
ENVIRONMENTAL STANDARDS ............................... 15
.i SECTION IX
SUBDIVISION EXCEPTIONS ................................... 17
LIST OF EXHIBITS
ATTACHMENT A - CONCEPTUAL PUD MASTER PLAN
ATYACHMENT B - LEGAL DESCRIPTION
,oo,
SECTION I
STATEMENT OF COMPLIANCE
The development of 8-* acres of property in Section 30, Township 48 South, Range 26 East
as a Planned Unit Development to be known as the Mocakc PUD will be in compliance
with the plannifig goals and objectives of the Collier County Growth Management Plan for
the following reasons:
1. The Growth Management' Plan designates the subject tract as an Activity Center
which is the preferred location for high density residential and non-residential land
USES.
2. The proje~'t has a broad range of land uses, consisting of retail, office, wholesale,
warehouse., and motel uses, which are designed to meet the intent of the Growth
Management Plan which encourages mixed use projects.
3. The project is compat~Ic with, and complimentary to, surrounding land ascs.
4. Thc project development is planned to incorporate natural systems, existing and
manmacle, for water management in accordance with thck natural functions and
capabilities.
$. Provisions are included in the project to minimize the number of ingress and egress
points onto Immokalce Road.
Entrance features into the proposed development, along with landscaping feature, s,
setbacks, and open space, are designed to enhance the entrance of this important
gateway into Collier County and Naples.
7. The project is compaU'ole with adjacent land uses through the internal arrangement
of structures, the placement of land use buffers, and the proposed development
standards contained herein.
All improvements shall b~ in compliance with applicable regulations.
9. All final loc. a! development orders for this project are subject to the Collier County
Concurrency Management System as implemented by the Adequate Public Facilities
Ordinance.
10. ' All references to the Collier County Zoning Ordinance, Sign Ordinance, SubdMsion
Ordinance, Impact Fee Ordinance, etc., as used herein, shall include and bc the same
as the adopted Unified Land Development Code for Collier County, Florida.
1
SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION, AND SHORT TITLE
The subicct prol~rty ~ currently owned Daniel R. Monaco, Trustce.
A parcel of land located in the North ½ of Section 30, Township 48 South, Range 26
East, Collier County, Florida, and is more particularly de~cn~e~cl in Attachment 'B".
Thh Ordinance shah be known and c/ted as ~lVIOCAK~ Planned Un/t Dcvelopment
Ordinancc~.
SECTION III
STATEMENT OF INTENT
It' is the Project Developer's intention to develop a mixed use center with' the full
range of compat~le and complimentary land uses including retail, office, wholesale,
warehouse, and motel uses. It is the purpose of this document to provide the
required development standards for thc project.
This project is designed for interactive commercial and office use. s, as set forth in the
Future Land Use Element of the Growth Management Plan.
A. Regulations for development of the MOCAKE PUD 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 Zoning
Ordinance and Subdivision Regulations in effect at the time of building permit
application. Where particular development standards are not contained
herein, then the provisions of the most similar district in the County Zoning
Ordinance shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Zoning Ordinance in effect at the time
of building permit application.
C. All conditions imposed and all graphic material presented depicting
restrictions for the development of the MOCAKE PUD shall be. come part of
the regulations which govern the manner in which this sit.e may be developed.
D. If not specifically set forth or provided for in this ordinance, then provisions
of the Collier County Zoning Ordinance 82.2, as amended, shall apply.
3.4 PROJECT PLAN AND LAND USE INTENSITY
A. Thc project master plan includes five developable tracts that may be either
combined or developed separately, areas for water management, road rights-
of.way, and conservation. The master plan is designed to be conceptual, and
ch~nges including the placement of buildings and the water management
system shall be determined at the time of plat or site development plan
approval provided all applicable standards of this ordlnanee and the collier
County Subdivision Regulations are met.
3
g
An), developable tracts within the Planned Unit Dcvclopmcnt arc pcrmRtcd
a .45 Floor Area Ratio provided all parking and landscaping requirements are
satisfied.
In addition, motel uses may also be permitted at a density of twenty-six (26)
units per acre based upon whatever gross land area is relocated to motel usc
which may also include areas provided for water management and
conservation.
B. The anticipated time for build-out of thc entire project is ten (10) years or by
the year 2000.
C. Thc area iljustrated as a wetland preserve area by Exh~it "A" is intended to
be left in its natural state. The site drainage will flow through this area
~.~: .' providing rejuvenation of wetland characteristics of this area, while providing
~ storm water storage for this development.
D. Ia addition to the various 'areas and specific items shown in Exlu'oit
-~, easements, as necessary (utility, private, semi-public, crc.), shall be established
within, or along, the various tracts.
i!~: Amendments to this Ordinance and Master Plan will be pursuant to Section 7-27j of
!i." ':. the Collier County Zoning Ordinance, as revised, at the time thc amendment is
requested.
Prior to thc recording of thc Record Plat, when required by the Subdivision
Regulations Ordinance., final plans for the required improvements shall receive thc
approval of all appropriate Collier County governmental agencies to insure
compliance with thc PUD Master Plan, the County Subdivision Regulations and the
platting laws of lhc State of Florida.
Exh~it.'A~, PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a Subdivision Master Plan shall be
submitted fo.r the entire area covered by the PUD Master Plan. All division of
property and thc development of thc land shall be in compliance with the Subdivision
Regulations.
¥" The provisions of Section 10.5 of the Zoning Ordinance pertaining Io site plan
approval shall apply to the development of all platted u'acts, or parcels of land prior
to the issuance of a building permit or other development order.
!:
4
rS0
3.7 PRoVIsION FOR OFF-SITE REMOVAL OF' EARTHEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted. 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.
1. Excavation activities shall comply with the definition of a "Development
Excavation~ pursuant to Ordinance No. 88-26 whereby off-site removal shall
not exceed 10% of the total volume excavated up to a maximum of 20,000
cubic yards.
2. A timetable to facilitate said removal shall be submitted to the Manager of
Planning Services for approval. Said timetable shall include thc length of time
it will take to complete said removal, hours of operation and haul routes. In
any event, no timetable shall be approved for off-site removal in excess of
ninety days from date of approval.
3. Ail other provisions of Ordinance 88-26 are applicable.
3.8 SUNSET AND MONITORING PROVISIONS
Mocake PUD shall be required to abide by any provisions in the Unified Land
Development Code pertaining to sunsetting and monitoring as scheduled for adoption
in the Fall of 1991.
SECTION lY
GENERAL DEVELOPMENT REGULATIONS
i.
". · The pu se of this Section is to delineate and generally describe the project plan of
development, thc respective land uses including the project's development criteria.
?:~. Regulations for development shall be in accordance w/th the standards set forth in
this document. Where specific development standards arc not set forth, applicable
':.' development standards of the Collier County Zoning Ordinance, in effect at the time
of construction permitting for activities permitted by these regulations shall apply.
PERMrrTED USES AND STRU~."rURES
:i. 1. Commercial Uses:
~:. A. Uses and Structures: No building or structure, or part thereof, shall be
; erected, altered or used, or land or water used, in whole or in part for
any tract, for other than the following:
q' 1. Permitted Principal Uses and Structures:
a. Antique shops; appliance stores; art studios; art supply
shops; automobile parts stores; automobile sen, ice
stations with repa~ (in accordance with the standards of
Section 9.8 of the Zoning Ordinance);
b. Bakery shops; bait and tackle shops; banks and financial
institutions; b~rber and beauty shops; bath supply stores;
bicycle sales and services; blueprint shops; bookbinders;
book stores; business machine services.
~ c. Carpet and floor covering sales - which may include
g:~' storage and installation; clothing stores; code, all lounges
'~;~,, ' (in accordance with thc standards of Section 8.11 of thc
Zoning Ordinance); commercial recreation uses -
indoor;, commercial schools.
:~; d. Delicatessens; department stores; drug stores; dry
.~,..: cleaning shops; dry good stores; and drapery shops.
e. Electrical supply stores; equipment rentals including lawn
mowers and power sav~,
f. Florist shops; fraternal and social clubs (in accordance
~ with thc standards of Section 8.11 of the Zoning
~:' Ordinance); funeral homes; furniture stores; furrier
~ shops.
g. (3arden supply stores - outside display in side and rear
yards; gift shops; glass and mirror sales - including
~: storage and installation; gourmet shops.
h. Hardware stores; health food stores; homes for the aged;
?~, hospitals and hospices.
i. Icc cream stores.
~ J. Jewelry stor~
"' k. Laundries - self service only;, leather goods; legitimate
z. theaters; liquor stores; locksmiths.
? I. Markets - food; markets - mcat; medical offices and
~"' clinics; motels and hotels; motion picture theaters; music
i' stores; minor automob~e repair work.
m. New car dealerships - outside display permitted; news
stores; night clubs (in accordance with the standards of
i~. Section 8.11 of thc Zoning Ordinance).
i!i: n. Office - general; office supply stores.
7~ o. Paint and wallpaper stores; pet shops; pet supply shops;
photographic equipment stores; printing; publishing and
":: mimeograph services shops; private clubs (in accordance
with the standards of Section 8.11); professional offices.
p. Research and design labs; restaurants - including drive-in
or fast food restaurants; (in accordance with the
standards of Section gA1 of the Zoning Ordinance).
q. Shoe repair; shoe stores; shopping centers; souvenir
,.~ ~ stores; stationery stores; supermarkets.
~..;' r. Tailor shops; tile sales-ceramic tile; tobacco shops; toy
',., s. Variety stores; vehicle rental - automobiles only;
Boo,
veterinarian offices and clink~ - not outside kennels.
t. Watch and precision instrument repair shops.
u. Warchousing; wholesaling and eomparablc uses shall be
permitted on ail tracts except Tract 1.
v. Any other conuncrcial use or professional services which
are comparable in nature with the foregoing uses and
which the Manager of Planning SerdcesfT_,oning Director
or his designee detarm/nes to be comparable to and
compat~le with the foregoing uses.
2. Accessory Uses:
a. Accessory uses and structures customary in commercial
areas including ch/Id care centers, car washes,
recreational facilities, maintenance areas, sewage
treatment plant facilities and other eascnt[al scrdcea as
defined in thc Coll/cr County Zoning Ordinance.
DEVELOPMENT STANDARDS
1. ]~4inimum Lot Area - Ten thousand (10,000) square feet.
2. ~inimum Lot Width - Tract 1 - ?$ feet
Tracts 2-5 - 100 feet
3. Minimum Setbacks From Tract Boundary or Street Right-of-Way
A. Front Tard - Twenty-five (23) feet
B. Rear Yard' - Twenty-five (23) feet
C. Side Yard - Ten (10) feet
4. ~,4ax/mum Height - Fifty ($0) feet
$. ]Vlinimum Off-Street Park/ng and Off-Street ]Loading Requirements - As
required by the Collier County Zoning Ordinance.
6. ~)/stal~ce Between Structures Or~ the Sawe Tract - One-half of the sum of the
building heights but shall be a minimum of Ten (10) feet.
?. ~4i0imum Floor A. rea of Structures - One thousand (1,000) square feet per
building on the ground floor.
8
3'44
· 8. Landscaping
A. ^ 25' landscape buffer shall be located along the southern property
boundary to buffer this commercial development from the adjoining
land uses.
B. The required 5' wide perimeter landscaping along the internal roadway
system shall be located outside tho road right-of-way.
}~ C, All other landscaping shah be supplied as required by the Collier
:i County Zoning Ordinance In effect at the time of the site development
'i.' plan.
9. Ma~mum Number of Motel Units - Twenty-s~x (26) units per acre w/th a
mirdmum floor area of four hundred (400) square feet and n maximum floor
area of five hundred and fifty (550) square feet for each motel unit.
10. Silage - All signnge shah 1~ subject to the Collier County Sign Ordinance,
: n~ amended.
SECTI~ O N V
TRANSPORTATION IMPROVE, M'E.~
The purpose of this section is to sci forth the general transportation commitments
for the project.
1. Access to Immokalce Road shall be via the existing frontage road.
Thc developer shall provide a fair share eontn'bution toward the capital cost
of a traffic signal, including interconnect at any future point of acce~ which
may serve this project by way of a frontage road when deemed warranted by
thc County. The signal will be owned, operated and maintained by Collier
3. The developer shall provide left and right turn lan~ ,~nd ~rterial level street
lighting on Immokalee Road at the project am. The eo~t of the~e
improvement~ shall be shared with other d~loper~ who will benefit from
them.
4. The road impact fee shall be ~a set forth in Ordinaneo 85-55, ns mended and
shall be paid at the time bu~dinlt permiu are i~ued unl~ otherwise
approved by the Board of County Commi~ionem
... 5. Am improvemenu shall not be subject to impa~t f~ eredi~ ted shall be
in plac~ before any certificate~ of occupant"7 are i~ued.
6. ~ traffic control devices reed shall conform with the ~
~/ ra e Cont c-'~ce ~ required by Chapter 316.0747 Florida Statute.
SEC'rION VI
UTILITY AND ENGINEERING REQUIREMENTS
~ua~osE
The purpose of thL~ section is to set forth the utilities and engineering requirements
w~ch must ~ a~mm~atcd ~ thc p~jcct D~clo~r.
1. Water d~t~bufion, sc~gc ~llccfion and transmission and ~tc~ ~tcr
~nd/or s~gc treatment facilities to sclc thc projc~ arc to bc
~nst~ctcd, ~nvcycd, ~cd and mMntaMcd ~ a~rdan~ ~th ~cr
~un~ Ordinance No. ~7~, as amended, and other app~blc ~un~ ~Ics
~d re~latio~.
~ ~ ~tomcn ~nn~g to thc ~tcr d~m~ufion ~d $c~gc ~Bccflon
fac~fi~ to ~ ~nstm~cd ~ ~ ~tomc~ of ~c ~un~ ~d ~ ~ b~
by ~c ~un~ M a~rd~ ~th ~c ~un~'s ~tab~shcd rotes. Should
~unW not bc in a position to pr~dc ~tcr an~or a~cr sc~ to thc
pro]ccK ~c water an~or sewer customc~ sha~ bc customc~ of ~c ~tc~
~tili~ established to sclc thc pro]c~ untB thc ~un~'s off-site ~tcr ~or
sewer facilities are ava~ablc to se~c thc project.
3. It is anticipat~ that the ~unW U~fies D~ion ~ ult~ately supply
~table ~tcr to meet ~c ~nsumpt~e dem~d ~or re~e
$e~gc gcne~ted ~ t~ proje~ Should thc ~un~ ~tcm not ~ M a
~sition to supply ~table ~ter to thc project an~or rc~e thc proje~'s
wast¢water at the t~e d~elopment ~mmen~s, the Developer, at Ms
e~ense ~I1 install and operate interim water supply and on-site treatment
faciliti~ an~or interim on-site se~ge treatment ~d ~s~s~ fac~ties
adequate to meet a~ requiremenm of the appropriate re~lato~ agenci~.
a~eement shall be entered into be~een ~e ~unW ~d th~ D~loper,
binding on the Developer, his assi~s or su~esso~ re~rding any ~te~
treatment facilities to be util~ed. ~e a~eement must be legally su~cicnt to
the ~un~, prior to thc appr~l of ~nstmction d~umen~ for thc project
and be in confo~an~ ~th the requirements of ~l~er ~un~ Ordinan~
No. 8~76, as amended.
4. If an interim on-site water supply, treatment and trammission facfli~ is
utilized to se~c the project, it must be properly s~d to supply average peak
day domestic demand, in addition to fir~ fl~ demand at a rate appr~ed by
the appropriate Fire ~ntrol District se~eing the project area.
5. Prior to approval of construction documents by thc County, thc Developer
must present verification pursuant to Chapter 367, Florida Statutes, that thc
',~: Florida Public Service Commission has granted territorial rights to the
Developer to provide sewer and/or water service to the project until the
:~. County can provide these services through its water and sewer facilities.
;:' 6. Thc utility construction documents for thc project's sewerage system shall bc
prepared to contain the design and construction of the on-site force main
· . which will ultimately connect the project to the future central sewerage
facilities of thc District in the Lmmokalcc Road fights-of-way. The force main
must be extended from tho main on-site pump station to the west rights-of-
,!~.: bay line of Immokale¢ Road and capped. It must be interconnected to the
..~. pump station with appropriately located valves to permit for simple
redirection of the project's sewage when connection to the County's central
~'.~' sewer facilities becomes available.
:~:~; 7. Thc on-site water distribution system to serve the project must be cormected
'o, to thc District's 12 or 16 inch water main on thc south side of !mmokalcc
Road, extended eastward to the east boundary line of the project consistent
. with thc main sizing requirements specified in tho County's Water Master
~' Plan. Thc coordination for the location and sizing of the main extension shall
';' be processed through the County Utility Division. During design of these
.:,' facilities, thc following features shall be incorporated into thc distribution
I system:
a. Dead end mains be eliminated by looping the internal pipeline
network.
i: b. Stubs for future system interconnection with adjacent properties shall
be provided to the west, and the south property lines of the project, at
locations to be mutually agreed to by the County and the Developer
i!; during the design phase of the project.
8. Prior to or at thc time of submission of construction plans and final plat for
the project, the potable water supply fi.om the Collier County Water-Sewer
District to serve this project shall be installed adjacent to the properly and be
in service.
1. Detailed paving, grading, site drainage and utility plans shall bc submitted to
Project Review Services for review. No construction permits shall be issued
unless and until approval of thc proposed construction in accordance with the
'?: submitted plans is granted by Project Review Services.
.: Z Design and construction of ali improvements shall be subject to compliance
with thc appropriate provisions of thc Collier County Subdivision Regulations.
3. Work within Collier County or private rights-of-way shall meet thc
.::,. requirements of Collier County fight-of-way Ordinance 82-91.
;' 4. The developer and all subsequent petitioners are hereb~ placed on notice that
they shall be required to satisf~ 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 SubdMsion Master Plar~ Site
Development Plans and any other application that will result in the issuance
of a final or final local development order.
5. Construction plans shall identi~y in detail the swale in thc access road between
thc site and the Immokalee Road Canal. The capacity of thc road ~vale shall
be analyzed. ~ capacity f~ not adequate, improvements will be required to
make it functional.
6. Landscaping shall not be placed within the water management areas unle.~
specifically approved b~ Project Review Services.
!,.3':' 7. In accordance with thc Rules of the South Florida Water Management D~strict
) - (SFWMD), Chapters 40E4 and 40E-40, this project shall be designed for a
storm event of 3-day duration and 25-year return frequency.
8; An Excavation Permit wi/l be required for the proposed pre-treatment areas
in accordance with Coil/er County Ordinance No. 88-26 and SFWMD roles.
',,
7. P. Detailed paving, grading, and site drainage plar~ be submitted to Project
~,:~ Rev/ew Services for review. No construction permits hall be issued unless and
until approval of the proposed construction in accordance with the submitted
>:.~': plans is granted by Project Review Serv/ces.
10. Design and construction of all improvements shall be subject to compliance
,, with the appropriate provisions of the Collier County SubdMsion Regulations.
,':~.'. 11, A copy of SFWMD Permit or Early Work Permit is required prior to
construction plan approval,
SECTION VII
WATER MANAGEMENT STANDAP,.DS
The purpose of this section is to set forth the water management commitments for
the project.
1. A cop~ of SFWlV~D Permit or Early Work Permit is required prior to
construction plan approval.
2. A Florida Department of Transportation and South Florida Water
Management District pcrmlt approval to outfall into thc Cocohatchec Canal
shall bc submitted before construction plans approval.
3. Detailed water management plans and supporting calculations signed and
scaled by a professional engineer shall bc provided prior to preliminary Site
Development Plan approval.
SECTION ViII
ENVIRONMENTAL STANDARDS
The purpose of this. section is to outline the environmental requirements of the
project developer.
A. Thc pctltioncr shall provide on-site wetland enhancement and wetland
mitigation duc to the impacts of the development of Tract 1.
B. Mitigation for impacts to Collier County jurisdictional wetiands shall comply
with the ratios and requirements of Apl~ndix 7 of the South Florida Water
Management District.
C. Pr~erve areas and any approved mitigation areas shall be surv~ed prior to
final site plan approval and indicated on the final plat as separate tracts and
shall be dedicated in conformance with the provisions of Section 704.06,
Florida Statutes.
D. The water management system shall be conlrolled at the lichen 1/ne/water
mark elevation or other biological ind/cator(s) of the adjacent wetland.
F.. No decreases to the preserve areas shall occur. No impacts to Coliicr County
jurisdictional wetlands shall occur unless mitigation for the proposed impacts
is deemed adequate by Project Review Services and all mitigation is
completed prior to acceptance of thc pIaL M/tigatJon plans must be reviewed
and approved as part of the final construction plans.
F. An exotic removal, monitoring and maintenance (exotic-free) plan for thc site
shah bc submitted to thc g. nvironmcntaI Staff of Project Review Scndces for
review and approval prior to final site plan approval.
G. Preserve area Setback - At least fifteen (15) feet landward from the edge of
the preserve in all places and an average twenty-five (25) feet from the
landward edge of the Preserve. These setbacks may be adjusted based on thc
following considerations:
1. Should the South Florida Water Management District, during it's
permit review process, require a natural vegetative buffer bc created
between thc lots and any jurisdictional wetland Preserve and/or
C. onscrvat/on tract, Ihc buffer shall not be located w/thin thc
boundar/cs of the lot(s). It shall be created as a separate platted tract
15
or as a buffer casement over an expanded limit of thc Preserve tracts,
which wou]d be dedicated as Preserve/Drainage tracts, to include thc
buffer within the Preserve tract. If the buffer is located within a
separate tract, that tract shall be dedicated on the plat to the project's
homeowners association or like entity for ownership and maintenance
respons~ilities and if necessary, to Collier County with no respons~ilJty
for maintenance. All Preserve buffer easements or buffer tracts shall
be created in conformance with the provisions of Section 70-4.06,
Florida Statutes.
If SFWMD relieves the County of maintenance and enforcement
respons~ilitles the buffer may be located on lots and the following
stipulation will apply in place of the foregoing stipulation.
If (a) the SFWMD jurisdictional wetlands are utilized as part of the
project's water management system, and (b) the South Florida Water
Management District requires a natural upland buffer adjacent to
wetlands, the buffer shall be included in the conservation tract or
otherwise protected in accordance with applicable ordinances or
regulations. If the buffer is located within a separate tract, that tract
shall be dedicated on the plat to the project's homeowners association
or other similar entity of ownership, maintenance and enforcement
respons~ilities with adequate safeguards to ensure that those
responsibilities run with the land. If the buffer is located on lots of
development tracts, adequate safeguards shall be established to provide
for enforcement of clearing/alteration restrictions, with adequate
safeguards to ensure that those responsibilities run with the land, that
arc acceptable to thc South Florida Water Management District and
Collier County.
16
SECTION IX
SUBDIVISION EXCEPTIONS
The purlSoSc of this section is to list approved subdivision exceptions.
1. Subdivision Regulations~ Article X~ Section 19 * Street Name Markers and
Traffic Control Devices: Waive the requirements for street name markers,
having to meet the M.U.T.C.D. but traffic control devices shall meet the
2. Article XI, Section 17.F and G of the Subdivision Regulations - Street Right-
of. Way Width: Waived to a minimum 50 foot width. Subject to design being
done in accordance to thc typical section to collector streets contained in the
County Standards. However, all required buffering shall be located outside
of the right-of-way.
3. Article XI, Section 17.I of the Subdivision Regulations - Curb Radii: Waived
to a minimum of 30 feet radius internally and a minimum of 40 feet radius
externally.
4. Article XI, Section 21 of the Subdivision Regulations - Utility Casings:
Waived subject to all utilitic~ being installed prior to construction of the
roadway pavement and base.
$. Article XI, Section 10 of the Subdhrl~ion Regulations - Monuments: Waived
subject to monuments installed in accordance with Florida Administrative
6. Ankle X, Section 16 of the Subdivision Regulations - Sidewalks: Waived.
*IW~ 90.110
PRO~RT~ OES~RI~rION
A PARCEL OF LAND LOCATED IN THE NORTHEAST I/4 OF THE NORTHEAST !/4' OF
:SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA~
.BEING MORE PARTICULARLY DESCR. IBED AS FOLLOWS:. '
'COMMENCE AT 'THE NORT]'IEA~;T CORNER OF SECTION 30, TOWNSHIP 48 $OUT~
RANGE 26 EAST~'COLLIER COUNTY, FLORIDA~ THENCE RUN N. 89°17'I$" W. ALONG
THE NORTH LINE OF SAID SECTION 30, FOR A DISTANCE OF 660.I0 FEET TO THE
NORTHEAST CORNER OF THE NOR~ST '1/4' OF THE NORTH~ 1/4 OF THE
NORTHEAST 1/4 OF. SAID SECTION ~ THENCE RUN $o 01 e24'38" E. ALONG THE EAST
UNE OF THE WEST I/2 OF THE NORTHEAST I/4 OF THE NORTHEAST L/4 OF SAID
SECTION 30, FOR A DISTANCE OF 192.93 FEET TO THE SOUTH LINE Oi~ AN 1-75 ACCESS
ROAD AND THE POINTOF BEGINNING OF THE PARCEL OF3.AND HEREIN DESCRIBED;
THENCE CONTINUE So OI °24'38" E. ALONG THE EAST LINE OF THE WEST LI2 OF THE
NO~ *1/4 OF THE NORTHEAST 1/4 OF SAID ~C:TIi3~ 30 FOR A O. ISTANCE OF
! 143J38 PEET TO THE. SOUTH LINE OF THE NORTHEAST I/4 OF THE NORTH~__~
OF SAID SECTION 30;, THENCE RUN N. 89e 15'54# W. ALONG THE $OU33~ LINE OF THE
NORTHEAST 1/4 OF'THE NORTHEAST f/4 OF SAID SECTION 30 FOR A DISTANCE OF
3(X).! ! FEET~ THENCE RUN N. 0 ! °24~27" W. PARALLEL WITH AND 30J30 FEET EAST OF,
AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE EAST I/2 OF THE WEST
I/2 OF THE NORTHEA.%'r 1/4 OF THE NORTHEAST ~/4 OF SAID SECTION 30, ~OR A
DISTANCE OF 1 I28.97 FEET TO THE SOUTH LINE OF AN 1-75 ACCESS ROAD; THENCE
RUN N. 88°02'23" E. ALONG SAID SOUTH LINE OF AN 1-75 ACCESS ROAD FOR A
DISTANCE OF 2cJ9~5 FEET'TO THE POINT OF BEGINNING.
PROPERTY AREA: 7~205 ACRES, MOR~ OR LESS.
'0,' P50,, ,:355
OF FLORIDA }
COUNTY OF COLLIER )
I, JAMES C.'GILES, Clerk of Courts tn and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing ts a true copy of:
Ordinance No. 92-4
which was adopted by the Board of County Commissioners on
the 14th day of January, 1992, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st
day of January, 1992.
Clerk of Courts and Cler~.~%.: