Ordinance 92-008 ORDINANCE 92- ~
AN ORDINANCE A~ENDING 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(S) NUMBERED 0511S, 0512S AND
0513N~ BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED J'. "
REAL PROPERTY FROM "PUD" TO "PUD" PLANNED
UNIT DEVELOPMENT KNOWN AS COURTHOUSE
SHADOWS PLANNED UNIT DEVELOPMENT, FOR
PROPERTY LOCATED ON THE SOUTH SIDE OF
US-41 AND OPPOSITE AIRPORT-PULLING ROAD,
IN SECTIONS 11, 12 AND 13, TOWNSHIP 50
SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 20± ACRES~
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 85-11, AS AMENDED, THE FOR~ER
COLLIER PUD~ AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Clifford B. Barksdale of Collier Development
Corporation, 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
COMHISSIONERS OF COLLIER COUNTY, FLORIDA~
The Zoning Classification o£ the herein described real
property located in Sections 11, 12 and 13, Township 50
South, Range 25 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 0511S, 0512S and
0513N, as described in Ordinance Number 91-102, the Collier
County Land Development Code, is hereby amended accordingly.
Ordinance Number 85-11, known as the Collier PUD,
ad~pted on March 19, 1985 by the Board of County
Commissioners of Collier County is hereby repealed in its
entirety.
Thim 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 ~/'~ay of
ATTEST: ' '! f,; . BOARD OF COUNTY COM~ISSXONEP~
JA~ES
C. GILES:,,. Clerk COLLIER COUNT~,
FLORIDA
~GAL S~FFICIE~CY
~b~lE M. S~DENT-
~SIST~T CO~TY A~O~Y
-2-
PREPARE~ BY:
r,~ COLLIER DEVELOPMENT CORPORATION
,~h 3003 NORTH TAMIAMI TRAIL
~ ...' NAPLES, FLORIDA 33940
:'. DATE REVIEWED BY CCPC
~,,- . DATE APPROVED BY BCC 1/28/92
*'u':*' ORDINANCE NUMBER 92-8
'Yt' AMENDMENTS AND REPEAL
PAGE
· STATEMENT OF COMPLIANCE ~i
STATEMZF~ OF INTENT ~ii
;. ~ SECTION I ~ROPI~'I'~ OI,INI~SHIP & DES~2RIP~ION 1-1'
SECTION II GENERAL DEVELOPMENT REGULATIONS 2-1
· SECTION III GENERAL DEVELOPMENT COMMITMENTS 3-1
EXHIBIT - #AN MASTER PLAN
BT~TEMENT OF COMPLIANCE
The purpose of this Section is to express the interest of Collier
Development Corporation to develop 20.08 acres of land located in
Sections 11, 12 and 13~ Township 50 South, Range 25 East, Collier
County, Florida.
The development of this land as a Planned Unit of Development will
be in compliance with the planning goals and objectives of Collier
County as set forth in the Growth Management Plan. The project
development will be consistent with the growth policies and land
development regulations of the' Growth Management Plan Land Use
· Element and other applicable documents for the following reasons:
1. The project development is compatible and complementary to
the surrounding and future land uses as required in Policy
5.4 of the Future Land Use Element.
2. All improvements will.be in compliance with all applicable
development regulations as set forth in the Land Development
Code.
4. The project development will result in an efficient and
f.. economical extension of community facilities and services as
required in Policiea 3.1.H and L of the Future Land Use
~. Element.
'. 4. The project development may be used more efficiently and made
more desirable resulting in smaller network of utilities and
streets with consequent lower construction and future
~ maintenance costs than the conventional current zoning.
-'. 5. The project development will permit flexibility which
features amenities and excellence in the form of variations
and in siting, land usage, and varied building units than the
conventional current zoning.
6. The project development has met all the evaluation criteria
~': 'required for the PUD in the Future Land Use Element of the
Growth Management Plan. The project will not adversely
affect any adopted level of service standard of the County's
Growth Management Plan. Therefore, it ia consistent with the
~. County'.s Growth Management Plan.
7. The project is located in an Activity Center Subdistrict as
designated in the Future Land Use Element (FLUE) of the
Growth Management Plan for Collier County. The FLUE states
. that Activity Centers are the preferred location for the
concentration of commercial and mixed use development
activities.
STATEMENT OF XNTENT
The purpose of this emotion is to express the intent of Collier
Development Corporation to commence development of a commercial
activity center planned unit of development. It is the intent of
Collier Development Corporation to continua the development of
architecturally unified commercial establishments built on the
project site and on the concept of planned arrangement and unified'
management control. The unified development approval under the
PUD district designation will ensure that the shopping center is
aesthetically pleasing and functionally efficient. It will allow
an efficient pattern of internal circulation to be established,
and limited points of vehicular ingress and egress. These
functional and aesthetic advantages, which cannot ba provided in
the conventional strip commercial development configurations, have
been maximized and shall ba sustained in the approval of this
planned unit of development.
This planned unit of development aha11 ba limited to specific
commercial uses which are compatible and inter-related to the
business operations of a shopping center. It is the interest of
Collier Development corporation to continue development in
accordance with the regulations of this Planned Unit of
Development. It is the purpose of this document to set forth the
complete plan, regulations and conditions of development along
with other information required in accordance with the PUD
ordinance.
It is further the intent of Collier Development Corporation ~o
commence development once all necessary permits and approvals have
been granted.
iii
PROPERTY ONNE~SHZP ]~ND DESCRIPTION
1.1 PURPOSE
.The purpose of this Section Is to set forth the location and.
ow~ership of the property, and to describe the.existing
conditions of the property proposed to be developed under the
project name of Courthouse Shadows.
1.2 PROPERTY OWNERSHIP
The subject property is currently under the control of
Collier Development Corporation, 3003 North Tamiami Trail,
Naples, Florida 33940.
.1.3 LEGAL DESCRIPTION
The subject property is described as=
A tract of land in Sections 11, 12 and 13, Township 50 South,
Range 25 East, Collier County, Florida, more particularly
described as followsl
From a concrete monument marking the southwest corner of
Section 12 and the point of beginning of the herein described
tract run along the south line of said Section 12, S 89
degrees 59t 12" E 331.40 feet~ thence S 00 degrees 15' 36" E
126.12 feet to the north line of Naldeman Creek (Deed Book
28, Page 193)~ thence continue S 00 degrees 15~ 36" E 150.01
feet to the south line of said Haldeman Creek~ thence N 89
degrees 01t 07" E 838.57 feet to the southwesterly right-of-
way line of US 41~ thence along said right-of-way line N 39
degrees 03~ 31" W 1306.74 feet to & point of curvature~
thence 401.97 'feet along the arc of a curve to the left
having a radius of 1773.76 feet, a central angle of 12
degrees 59t 04" and a chord bearing N 45 degrees 33~ 03" 2
401..11 feet to a point of tangen~y~ thence continue along
said right-of-way line N 52 degrees 02~ 35" W 85.20 feet to a
concrete monument marking the northeast corner of Lot 3,
Block A, Eastgate Sub~ivision (Plat Book 1, page ~6); thence
along the east line of said Lot $ S 00 degrees 18~ 23" E
97.77 feet~ thence S 89 degrees 12~ 11" W 138.50 feet along
the north line of Lot 4 in said Eastgate Sub~ivis~on~ thence
S 00 degrees 11~ 18" E 100.28 feet~ thence N 89 degrees 13~
43" E 138.71 feet along the north line of Lot 6 in said
Eastgate Subdivision~ thence. S 00 degrees 18' 23" E 100.34
~::~' feet; thence S 89 degrees 15' 15" W 138.91 feet along the
; south line of Lot 7 in Eastgate Subdivision~ thence S 00
~":' degrees 11' 18" E 757.17 feet along the east line of Peters
" Avenue; thence N 89 degrees 28' 37" E 140.47 feet along the
north line of the south 30 feet of Lot 23, in said Eaetgate
Subdivision (O.R. Book 34, page 472)~ thence S 00 degrees 18t
23". E 30.00 feet to the Point of Beginning. The described
lands containing 20.08 acres.
Described and computed in accordance with Survey Drawing No.
84.107-2, Coastal Engineering Consultants, Inc.
The project Is located on the north side of Haldeman Creek
and the west side of US 41.
: ' B~CTZOM ZZ
· he ~urpose o~ th~s section ~s to set forth the repletions
for development of the proposed 20.08 acrs Planned Unit of
Development ~dentified on the Master Plan.
~ 2.2
~:?:; ~e project plan including street layout
the Master Plan as sho~ at E~btt
No building or st~cture, or part thereof, shall be erected,
altered or used, or land or water used, ~n whole or ~n part,
for other than the following~
A. Principal Uses=
1. Anti~e shops
[~' 2. Appliance stores
. . 3. ~2 studios
4. ~t supplies
~'. 5. Automobile parts stores
: 6. Automobile semite stations
~ 7. Bakery shops (including baking incidental to retail
or wholesale sales)
8. Banks (branch or ma~n off~ce) and financial
~. institutions
'~ 9. Barber and~autyshops
10. Bath supply stores
11. Blueprint shops
12. Bi~cle sales and
13. Book .stores
14. Ca,et and floor covering sales (~ncluding storage
and installat~on)
?.~. 15. Child care centers
' 16. cocktail lounges, co~erc~al recreation (indoor)
~ ' 17. Clothing stores
~..: 18. Co~ercial schools
~. 19. Confectione~ and candy stores
,' 20. Delicatessen~ drive-in restaurants, d~g stores~
~ d~ cleaning shops~ d~ goods stores and department
stores.
2-1
21. Electric supply stores
22. Fish stores~ florist shops; food markets; furniture
stores; furrier shops and fast food restaurants.
23. Gift shops, gourmet shops
24. Hardware stores; health food stores; hobby supply
stores; homes for the aged
25. Ice cream stores; ice sales; interior decorating
showrooms
26. Jewelry stores
27. Laundries, leather goods, and luggage 'stores;
locksmiths and liquor stores
28. Meat market~ medical office or clinic for human
care; millinery 'shops; ~oti0n picture theater;
music stores
29. office (retail or professional); office supply
stores
30. Paint and wallpaper stores; pet shops, pet supply
stores~ photographic equipment stores; post office
31. Radio and television sales and service; small
appliance stores; shoe sales and repairs;
restaurants
32. souvenir stores; stationery stores; shopping
centers; supermarkets subject to site development
plan approval.
33. Tailor shops; tobacco shops~ toy shops~ tropical
fish stores
34. Variety stores; veterinary offices and clinics (no
outside kenneling) "
35.Watch and precision instrument sales and repair
36. Any other commercial uss of professional service
normally allowed in C-3 Zoning District with
approval of the Zoning Director.
B. Permitted Accessory Uses and Structures=
1. Accessory uses and structures customarily
associated with the uses permitted in this
district.
2. Caretaker's residence
2.4 MINIMUM Y~/~D R~OUIREMENTS
A. From property boundary line abutting U.S. 41 right-of-
way line - 15 feet within which no parking shall be
a~lowed nor any merchandise displayed.
B. From western property boundary line abutting Peters
Avenue right-of-way linc - 25 feet.
C. From abutting res~dential zoned properties and the
southern property boundary line - 50 feet.
D. From property boundary line other than A, B, or C above
E. Minimum distance between principal structures - none or
15 feet.
Thirty-five feet (35~)
2.6 MINIMUM OFF-STREET P~ItKINQ ~ND OFF-STREET LO~DIN~
REOUIREHENT~
As required in Section 2.3.12 of the Collier County Land
Development Code.
2.7 USABLE OPEN SPACE
At least 30% of the gross acreage of the total site will be
devoted to usable open space when fully developed. These
open spaces include perimeter landscape buffers, planting
islands in parking lots and other vehicular use areas, and
the landscaped areas on the perimeter of the building.
$.e STUNS
A. Individual Business S~gns=
Wall, marquee, or hanging sings below the canopy of the
shopping center, with an area not more than twenty
percent (20%) of the total square footage of the front
wall or facade area under the canopy, with a maximum of
250 square feet per rental unit.
B. Out Parcel Signs=
· Two wall or marquee signs per out parcel with an area
not to exceed 20% of the total square footage of the
wall to which it shall be affixed, with a maximum of 25~
square feet per sign, or one wall/marquee sign and one
free-standing, on-premise sign per out parcel not to
exceed one hundred (100) square feet maximum. Maximum
height, twenty-five feet (25~) for free-standing signs.
2-3
436
C. Project Identification Signs=
Two project identification signs, each not to exceed two
hundred and fifty (250) square feet and one project
identification sign at each ma~or entrance to the
shopping center not to exceed one hundred and fifty
(150) square feet per entrance. Maximum height, twenty-
five feet
D Additional Design Requirements=
Additional guidelines which are more stringent than
those contained in the Land Development Code in effect
at the time of application for a building permit may be
established by the developer to ensure maximum
consistency and continuity in the design and location of
signs.
2.9 ~NIMUM LANDSCAPING
As required by the C011ier County Land Development Code in
effect at the time of application for building permits. To
serve as a visual buffer, the project sponsor will landscape
in conjunction with a six foot (6') high chain link fence.
Beginning at the south driveway on Peters Avenue, the fence
will be located along the property boundary line and run
southward to the point of intersection with the northern line
cf Haldeman Creek drainage easement. For the residential
properties to the south, a gate for pedestXian access will be
provided by the developer. A landscape buffer in accordance
with Division 2.4 of the Land Development Code will be
provided beginning along the west pro~ect boundary commencing
at the south driveway on Peters Avenue and continue southward
to the point of intersection with the northern line of
Haldeman Creek drainage easement which is adjacent to or
across from residentially zoned property. It is the
developer's intention to provide additional landscaping
beyond the landscape buffer requirements of the Zoning
Ordinance to create an outstanding shopping environment.
2.10 I~MENDMENTB TO PUD DOCUMENT OR PUD MATERPIJtN
Amendments may be made tO the PUD as provided in Section
2.7.3.5.1, Division 2.7, Article 2 of the Collier County Land
Development Code.
2.11 BITE DEVELOPMENT PL]%N ~PPROVI%L
The provisions of Article 3, Division 3.3 of the Collier
County Land Development Code shall apply to the development
of platted tracts or parcels of land as provided in said
Article 3, Division 3.3 prior to the issuance of a building
permit or other development order.
BEG"TXOM.XXX
GENERAL D ~V~dOPM~q~
3.1 P~POSE
The.purpose of this Section ~s to set forth the standards for
the development of tho project.
3.2 P~ ~8TER P~
A. The P~ Master Plan' ~B an X11ustrative prel~m~na~
development plan as prepared by Coastal Eng~neering
Consultants, Inc. Drawing No. 91.223. ~e maxim~
s~are footage of the shopping center and outparcels,
shall, not exceed to~al 147,000 s~are feet.
B. The design criteria and layout iljustrated ~n the Master
Development Plan.and the architectural elevations and
cross-sections which accompany th~s submission shall
interpreted as prel~m~na~ and understo~ to ~ flexible
so that the final design may best satisfy the project
and comply wi~ all applicable retirements. Minor
design changes shall be pe~ik~ed subject to Staff
approval.
C. All necessa~ easements, dedica~ons, or other
instruments shall be granted to ~nsure the continued
operation and maintenance of all se~ce utilities.
D. Overall site design shall be ha~on~ous ~n te~s of
landscaping, enclosure oE st~cture, locations of all
improved facil~t~es, and location and treatment of
buffer areas.
A. A central water supply system shall ~made available to
all areas of the project. ~e water supply source for
the project shall be the C~ty of Naples system.
B. All areas of the project shall ~ ,e~ed by a central
wastewater collection system. ~e project sponsor
a~ees to dedicate collection l~nes and transmission
facilities to the County Wa=er-Sewer D[str~ct upon
completion and prior to activat~on.
3-~
C. The petitioner shall submit the data required under
"" County Ordinance No. 80-112 showing the availability of
sewage service. This must be submitted and approved by
the Utilities Division prior to approval of the
construction documents for the project. In addition,
the petitioner shall submit a copy of the approved DER
permits for the sewage collection and transmission
systems to be utilized, upon receipt thereof.
~ D. Central water distribution and sewage collection and
transmission systems will be constructed throughout the
~ project development by the developer pursuant to all
current requirements of Collier County and the State of
~ Florida. These water and sewer facilities will be
~': constructed within easements to be dedicated to the
-~', County for utility purposes or within platted rights-
of-way. Upon completion of construction of these water
and sewer facilities within the project, the facilities
will be tested to insure they meet Collier County"s
minimum requirements at which time they will be
,: dedicated to the County pursuant to appropriate County
~' Ordinances and Regulations in effect at the time
~ ' dedication is requested, prior to being placed into
service.
~,, E. All construction plans and technical specifications and
.g' proposed plats, if applicable, for the proposed water
, distribution and sewage collection and transmission
facilities must be reviewed and approved by the
;' Utilities Division prior to commencement of
~!,, construction.
'~'~' F. All customers connecting to the water distribution
~.~' facilities will be customers of the City of Naples. All
customers connecting to the sewage collection facilities
'~ will be customers of the County and will be billed by
'~, the County in accordance with & rate structure and
service agreement approved by the County. Review of the
proposed rates and subsequent approval by the Board of
· County Commissioners must be completed prior to
activation of the water and sewer facilities servicing
· ,.. the project.
<' G. Telephone, power, and T.V. cable service shall be made
available to the building units. All such utility lines
shall be installed underground.
H. Lighting facilities shall be arranged in a manner which
will protect neig~boring residential properties from
direct glare.
3.4 ~_Q~ID WASTE DISPOSAL
Such arrangements and agreements as necessary shall be made
with an approved solid waste disposal service to provide for
'solid waste collection service to all areas of the project.
A. An adequate access easement shall be provided for access
through the shopping center to Naldeman Creek.
B. Petitioner shall obtain a right-of-way permit for all
construction within the Naldeman Creek easement.
3.6 ~FFiC
A. The applicant is advised that future development
activities are subject to land use controls consistent
with the Collier County Crowth Management Plan, as
amended. Such controls may, from time to time, preclude
the applicant~s ability to initiate, continue and/or to
complete the project improvements as presently
scheduled.
3.7 ~VIRONMENTAL CONSIDERATIONS
A. Native species shall be utilized, where available, to
the maximum extent possible In the site landscaping
design. The goal of site landscaping shall be in the
i:: recreation of native vegetation and habitat
characteristics lost on the site during construction or
" due to past activities.
B. Ail exotic plants, as defined in the County 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 reinvasion of the site by such
exotic species. This plan, which will describe control
techniques and inspection intervals, shall be filed with
and approved by the Collier County Project Review
Services.
~:~, C. If during the course of site clearing, excavation, or
~'~,' other constructional activities, an archaeological or
f;,,- historical site, artifact, or other indicator is
t discovered, all development at that location shall be
~ immediately stopped and Collier County Project Review
~! Services notified. Development will be suspended for a
sufficient length of time to enable the Collier County
,. Project Review Services or a designated consultant to
assess the find and determine the proper course of
i,:' action in regard to this salvageability. The Collier
'i. County Project Review Services will respond to any such
~ ' notification in a timely and efficient manner so as to
': provide only a minimal interruption to any
constructional activities.
~'.~.' D. The developer will work with the County Environmentalist
~.'" on specific site design in the phase two area.
E. Tree removal applications and protection plans have not
i. been reviewed of this PUD ordinance. The
aB
part
~.. developer shall comply with all Collier County
,"~. Ordinances relating to the protection and preservation
i,%,:' of trees.'
~ F. To maintain existing native vegetation (i.e. remnant
mesic hammock area) within the proposed development, no
~"~'..... more parking spaces shaX1 be permitted than that shown
~":. in an updated cross parking easement and as recorded in
i~:!~ public records.
G. The petitioner shall comply with all environmental
..~;.. ordinances and land development codes in effect at the
~., t~me of final development order approval(s).
?~, 3.8
~., A. The developer and all subsequent landowners are hereby
? placed on notice that they are required to satisfy the
requirements of all County ordinances or codes in effect
prior to or concurrent with any subsequent development
¥ order relating to this site. This includes, but is not
· limited to, Preliminary Subdivision Plat, Site
Development Plans and any other application that will
.~i' result in the issuance of a final or final local
development order.
3.9
A. Provide a fire lane along the front of the proposed
~' retail shops marked by signs placed at 30 ft. intervals
and readable from both directions of travel specifically
~: reading "Fire Lane - No Stopping, Standing or Parking".
NFPA 1:3-1.1.10
:,: B. Provide additional f~re hydrants so that no portion of
:.~ the structure ~s greater than 300 feet from a hydrant.
,, NFPA 1141:3-6.3
COOR~HO~S~ S~DOWS
3-5
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing ks a true copy
Ordinance No. 92-8
which was adopted by the Board of County Commissioners on
the 28th day of January, 1992, during Regular Session.
WITNESS my hand and the of£~c~al aaa1 of the Board of
County Commissioners of Collier County, Florida, th~a 29th
day of January, 1992.
JAMES C, GILES ,~' * '" ' ~'~
Ex-officio to Board of~.
County Commissioners
Deputy Clerk