Ordinance 91-067 ORDINANCE NO. 91- ~7
AN ORDINANCE AMENDING ORDINANCE NUMBER
82-2 THE COMPREHENSIVE ZONING REGULATIONS
" FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL
~ ZONING ATLAS MAP NUMBER 8619S; BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A-2
TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN
AS NORTHBROOKE PLAZA PUD, FOR AN 1-75
INTERCHANGE MIXED USE COMPLEX (MIXED
COMMERCIAL AND RESIDENTIAL uSES), FOR
PROPERTY LOCATED IN THE NORTHEAST
QUADRANT OF 1-75 AND NAPLES-IMMOKALEE '~.
· ROAD (C.R. 846), IN SECTION .19, TOWliSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONTAINING 43 ACRES, MORE OR
LESS; AND BY PROVIDING AN EFFECTIVE DATE.
'?-'- WHERE~S, 'William R. Vines of Vines & Associates, Inc.,
"representing Citizens & Southern Trust Company (Florida) N.A.,
pet. itioned .the 'Board of County Commissioners' to change the zoning
.cla~sific&ti~n of the herein described real property;
:: NOW,' THEREFORE BE IT ORDAINED by the Board of County Commissioners
=oli'{e~i county, Florida:
~g Classification of the herein described real proper~y
.ocated in. Section 19, Township 48 South, Range 26 East , Collier
C~unty,.'Florida, is changed from A-2 to "PUD" Planned Unit Development
~ac~ord ce with the Northbrooke Plaza PUD'Document, attached hereto
as Exhibit #A" 'and incorporated by reference herein. The Official
!Zo;ni~g. Atlas Map Number 8619S, as described in Ordinance Number 82-2,
:
l'S hereby amended accordingly.
Th.~s 6rdinancm shall become'effective upon receipt'of notice from
secretary of state that this Ordinance has been filed with the
~ecretary of State.
/
PASSED AND DULY ADOPTED by the Board of County Commissioners of
'J'i Collier County, Florida, this goth day of July _, 1991.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
A~z~: ~ ;., ~y:
,.TAMEs C. GTLES~' C~I~ERK
AS TO':]~ 'AND LEGAL. SUFFICIENCY
~.E M. 1"~1s 'ordlnonce fNed' with 'the
:'ASSISTANT COUNTY ATTORNEY _S~C. retory of.~State's Office the '
~ ,~. ,7: ~t._ .
. . . .:~
;'
;;~5,:i.
04,5. : 67
:i.; i: · ' ' -2-
'~.. NORTHBROOKE PLAZA ~'
'A :
'~,~i'~ ~. .....
"' ' PLANNED UNIT DEVELOPMENT
~,'..~i~.,_ --. Prepared for: ;
CITIZENS & SOUTHERN TRUST COMPANY (Florida) N.A.
Prepared by:
~, Vines & Associates, Inc.
.. 715 Tenth Street South : :
·; Naples, Florida 33940
:~':~ Phone: (8131 262-4164
.-
,~,?. , .. .: .
.... Date,Filed: 1-2-01 .
.' Date Revised: 7-:30-~1
,~ /, Date Recommended by CCPC:
..,..~? Date Approved by BCC: 7-30-gl :
~ Ordinance Number: 91-67
';' Exhibit "A"
015 6;8
TABLE OF CONTENTS
' ,r, LOCATION MAP i
STATEMENT OF COMPLIANCE ii
.' PROJECT PLANNING TEAM I11
" SECTION I. PROPERTY OWNERSHIP AND DESCRIPTION 1
SECTION I1.' PROJECT DEVELOPMENT 4
SECTION III. PROJECT DEVELOPMENT REGULATIONS 8
SECTION IV, DEVELOPMENT COMMITMENTS 16
ATTACHMENT "1" PUD'MASTER DEVELOPMENT PLAN
",, 'L~ t~,~1 I- 7~
'.
llO[,g, MON'I'~3 & ASSO(:IA'r~s, INC. COLLIER COUNTY, /I.ORI[/A
" ~ .~.s - ~0 ~,~.~s NOR'IIIIJROOKE I~I.AZA ...... '
.~s ~.~A ~.os rmf .,,,,~ I.OCA lION MAP
· STATEMENT OF COMPLIANCE
~', The development of 39.9 acres of land in Collier County as a Planned Unit
"' . Development to be known as Northbrooke Plaza, together with development of a
· 2.855 acre access road, will be in compliance witl5 the planning goals and objectives
;' of Collier County as set forth in the Comprehensive Plan. The commerc!al and
residential facilities developed within Northbrooke Plaza Will be consistent with the
.;. growth policies, land development regulations, and applicable compi'ehensive planning
~. objectives for .the following reasons~
1. The Euture Land U~e Element of the Collier County Growth Management Plan
provides at page LU-I-33 that "if any proiect is 75% within an Activity Center,
:;~·. the entire project shall be considered to be within the Activity Center." Slightly
.:,- more than 80% of the subject property lies within an Interstate Activity Center.
..~.~ 2. The Future Land Use Element provides that, at page LU-I-33, Activity Centers
are intended to be mixed use in character, i.e., commercial, residential, :
· Institutional. Northbrooke Plaza will be a mixed use project..
3. The Future Land Use Element density rating system provides, at page LU-I-29,
:/~.. that with respect to residential development, "if the proiebt Is within an Activity
'.' Center, up to 16 residential units per gross acre may be permitted." The
:: residential component of the project complies with this provision.
'{i' 4. The proiect will be served bY a complete range of services and utilities,
;~. including potable water, sanitary waste treatment and disposal, electric power,
:.. telephone, cable television, solid waste removal.
:;.~-~. 5~' The project will be In compliance with all. applicable County regulations
~.~.~ Including the Growth Management Plan.
6. Ail final local development Orders for tho project will b~ subiect to the
Adequate Public Facilities Ordinance.
PI{ OJ ECT PLA NN I N G TEAM
~ii'::. The [ollowlny IJrufesslunal lirms cumprlse the Nurtlfl~ruuke Plaza Planning Team
which prepared the PUD Master Iqan, PUD Dm:tnnent, and ,nil of the supporting
C,.. materials'which comlJrise the PUD Ai~plicat'ion package.
Vines S Associates, I~l~., Land PIm~er/Project Coortlh~ntor
~: Hole, . Montes S Associates, Inc., En[ilneers/Surveyors
Kavln L. Erwin, Inc., Ecologist
.. B~rr, Dunlop & Associates, Inc., Tral'lrlc Engineers
Young, v. anAssenderp, Varnadoe ~ Oentolt, P.A., Attorneys
Marketing Management, Inc., Market A,~alysts
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
' 1.1 PURPOSE :
~:,' The purpose of this Section is to set forth the location and ownership of the
"-'; ~ property, and to describe the existing conditions of the pr'operty to be
developed under the project name of: Northbrooke Plaza. : :
1.2 LEGAL DESCRIPTION :
The prolect site is 39.9 +/- acres in area. The access road which will serve the
project Is 2.855 acres in area. The gross area is 42.755 acres. The legal
description of the project and the access road follow this page.
"1.3.. PROPERTY OWNERSHIP
Title to the property is currently in Land Trust #5405, held by Citizens &
Southern Trust Company (Florida) National Association, Naples, Florida .P.O.
Box 1857, Naples, Florida 33939-1857. The property owner is the rezone
petitioner.
i'," 1.4. GENERAL DESCRIPTION OF PROPERTY AREA "
.:. .' A. The property lies in the northeast quadrant of the 1-75/lmmokalee Road
: "interchange in Section 19, Township 48 South, Range 26 East.
B.The property is zoned A-2, agricultural, p~'oposed to be rezoned to PUD
Planned Unit Development for commercial; residential, and related uses.
.-';" 1.5. PHYSICAL DESCRIPTION
The property is bounded on the south and west by the Immokalee Road Canal
~;. and lies within the Cocohatchee River watershed· Elevation ranges from about
11.5 feet to 13 feet above mean sea level, averaging:about 12.25 feet.
Wetlands on the property are limited to a .49 acre triangular area in the
: southeast corner of the property. Most of the vegetation on the property is
: : pine and associated upland plants. The southwesterly portion of the property
: was cleared and used as a storage/work area when the 1-75/Immokalee Road
interchange and the associated canal relocation construction was undertaken.
Soil types on the property are predominately Arzell fine sand. There is a minor
area of Broward fine sand along the westerly edge of the property, and a small
amount of cypress swamp soil at the southeastern edge of the property.
HOLE, f~ONTES AND ASSOC., INC.
CONSULTING ENGINEERS -- PLANNERS -- LAND SUrlVEYORS
lIMA File No.' 88.102
39.9 Acre Parcel [Project area) .:.
A parcel of land located in the Southeast quarter of Section lg, Township. q8
South, .Range 26 East, Collier. County, Florida, being more .particularly
described as follows: ""
Commence'at the Southeast corner of Section 19, Township q8 South, Range
26 East, Collier County, Florida, thence run South 89o3qt36" West along the
South line of the Southeast quarter of the sald Section 19 for a distance of
100.00 feet; thence run North g0°q2tsq" West parallel with the East llne of the
Southeast quarter of the said Section 19 for a distance, of 100.00 feet tO a
point on the Northerly line of a 100.00 foot County Canal easement and the
POIN.T OF BEGINNING of the parcel of land herein described; thence continue
North 00o~2'5q" West parallel with the East line of the Southeast quarter of
the said Section 19 for a distance of 1,2q3.75 feet; thence run South
89°17~06" West for a distance of qS0.00 feet; thence run North q5oq5~00~' West
for a'distance of 200.00 feet; thence run North. 28o38'00'' West .for a distance
of 321.01 feet; thence run North 78o55~38" West for a distance of 5qq.92 feet
to the Northeasterly corner of a drainage easement recorded in Official Record
Book 365 at Page qlq of the Public Records of Collier County, Florida; thence
run South 01o37'19'' East along the Easterly line of said drainage easement for
a distance of qq2.73 Feet to the beginning of a tangential circular curve
'concave to the East; thence run Southerly along the ar_c_of said curve to the
left, same 'oelng the Easterly line of said dralnag& easement, having a ~:Edlus
of 2,650.79 feet through a central angle of 10°32'08'', subtended by a chord
of q86.7q feet at a bearing of South 06o53'23" East, for a distance of q87.q3
.feet to the end of said curve; thence run South 12009'27'' East along the
Easterly line of the said drainage easement for a distance of 675.77 feet;
thence run 'South IlS°qgtq0~ East along the Easterly line of the sald drainage
easement for a distance of 279.67 feet to a point on the Northerly llne of a
100.00 foot County Canal easement; thence run North 89o3q'3G'' East along the
N0~therly line of the said 100.00 foot County Canal easement for a distance of
873.61 feet to the POINT OF BEGINNING.
Containing 39.90 ac'res, more or less. .
Subject' to easements, reservations or restrictions of rec0rd.~
Bearings shown hereon refer to those shown on the State of Florida
Department of Transportation Right-of-Way Map for Florida State I~oad No. 93
(interstate !-75) Section 03175-2q01.
This legal description was derived from informatio~ shown on the Florida
Department of. Transportation Right-of-Way Map of State Road No. 93
[Interstate 1-75)' Section 03175-2q01, Sheet 3, Collier County, Florida,
together with supplementary i~H'ormatlo~ provided l)y client. Thls description
has not been field surveyed.
2
2.855 Acre Parcel (access road)
A parcel of land located in the Southeast Quarter of.. Section 19, Township 48 South,
Range 26 East, Collier County, Florida, being more partidularly described as follows:
Commence at ~he southeast corner of Section 19, Township 48 SoUth, Range 26
East, Collier County, Florida; thence run South 89034'36" West along the South line
of the Southeast quarter of said Section 19 for a distance of 100.00 feet; thence run
North 00042'54" West, parallel with the east line of the Southeast quarter of said
Section 19, for a distance of 100.00 feet to a point on the northerly line of a 100.00
foot County canal easement and the I~01NT OF BEGINNING ofthe parcel of land herein
described; thence continue North 00°42'54" West, parallel with the east line of the
Southeast quarter of said Section 19, for a distance of 1243.75 feet; thence run
North 89034'36" East for a distance of 100.00 feet; thence run South 00042'54"
East fora distance of 1243.75 feet; thence run South 89034'36" West along the
northerly line of said 100.00 foot County canal easement for a distance of 100.00
feet to the POINT OF BEGINNING.
;!. Containing 2.855 acres, more or less. ' :
The project ar~a combined with the access road area is 42.755 acres.
· : 1..6PROJECT DESCRIPTION
· 'i The Northbrooke plaZa project will be comprised of a mix of commercial and
residential uses. Typical uses will include gasoline service stations, restaurants,
: general retail facilities, hotels/motels, offices, and multi-family residential units.
The project applicant/developer will not be an end user. End users will typically
be regional' or national corporations which routinely locate in interstate
interchange commercial developments. The project owner/developer will secure
· appropriate plan approval and zoning, install access drives, utilities, and other
required infrastructure, and market ready to build on sites for development in
accord with the approved PUD Master Plan, PUD regulato.ry document, and
applicable other· regulations. .
This ordinance shall be known and cited as the "NORTHBROOKE PLAZA PUD
0'45
P~[
SECTION II
PROJECT DEVELOPMENT
2.1. PURPOSE
~;.:' The purpose of this Section is to describe the basic ~levelopment ob]ective, s and
:.~,~. to generally describe the project development plan.
2.2 GENERAL
· ~ .' A. Development o~ this project will be governed by the contents of this
document and applicable sections of the Collier County. Zoning Ordinance
in'effect at the time of Site Development Plan/Subdivision Master Plan
approval(s).
B. Unless otherwise noted, the definitions of all terms shall be the same as
,:. the definitions set forth in the Collier Coun'ty Zoning Ordinance in effect at
?. the time of Site Development Plan/Subdivision Master Plan approval(s).
.,'? . C. All conditions imposed and all graphic material presented depicting
~: ' restrictions for the development of Northbrooke Plaza shall become part of
the regulations which govern the manner in which the PUD site may be'
; "' · developed.
i~ D. Unless specifically waived by appropriate authority, the provisions.of
.~:,, regulations not otherwise provided for in this PUD shall remain in full force
i~:~'. *" and effect.
~.~. A. This site is planned as a mixed use commercial/residential project which
':,./ will' provide commercial services to highway travelers as well as to
residents in the vicinity. In addition to conventional interchange related
and surrounding neighborhood serving commercial services, conventional
residential and/or retirement residential usage with supporting medical and
related services will be incorporated in the project. The PUD Master Plan,
known as Attachment "1", which by reference is. rflade part of this
document, divides the property into Tracts A, B, and C, each of which is
the subject of detailed standards which are set forth in this PUD document.
The exact boundaries of development parcels are to be established at the.
time of construction plans and platting approval.
B. At the time of initial PUD zoning, no detailed development plan for the
entirety of the site exists. The development intention is to provide
appropriately zoned sites, with all necessary utilities in place, to
accommodate commercial and related development proiects, such as
national motel and/or restaurant chains, gasoline service.stat OhS, rotail
fa~ilities of various kinds, offices, and a residential development
component.
Since the project development sponsor will not be the end user of the
various mixed use complex, plan approval will occur in four steps. The
first step is establishment of the PUD document which includes
developmental standards and regulatory requirements for the :pntire
property. A Subdivision Master Plan shall be submitted to Collier C~)unty
for review and approval for. the second step. Upon SMP approval,
construction plans and plat shall be submitted for review and approval
which will be the third step. For the fourth step, one of the following will
be provided for:
1.: The developer of any platted tract or parcel which is not intended to
be further subdivided, shall be required to submit and receive approval
of a Site Development Plan in conformance with the requirements
established within Section 10.5 of the Zoning Ordinance.
2. The developer of any platted tract or parcel which is intended to be
further subdivided shall be required to submit and receive approval of
a Subdivision Master Plan for that tract in conformance .with
requirements established with Article IX of the Subdivision
Regulations, if the original SMP did not show specific "development
Within that tract or parcel. Then, construction plans and a plat shall
be submitted and approved. .
The owner may be able to make adjustment to the tract boundaries,
road alignment and other site improvements. Determination of
whether the changes are substantial, or insubstantial, and the review
process to be followed shall be in accordance with the zoning
regulations and/or subdivision regulations.
:
..
C. Permitted development is Indicated on the following table.
MAX. MAXIMUM : MAX.
;
~SlTE SQ. FT. OF PARKING MAX. D...~/ELLING
: USE ACRES ~ SPACES ' ROOMS 0~IITS
Gas stations 3.2 Not applicable Per Z.O. - -
Restaurants 5.0 18,000 Per Z.O.
General retail: 7.1 118,000 Per Z.O. -
Motel/Hotel 7.0 Not applicable Per Z.O. 150 -
.Office : 3.5 60,000 Per Z.O.
Multi-family
~. Residential 14.1 Not applicable Per Z.O~ . .150
· Access Road 2.855 - J : -
TOTAL 39.9 ~{project) :
2.855 (access road) : :
'* ' : 42.755
:~,i. i Access to the project is to be from a road to:be constructed northerly from
Immokalee Road, along the east boundary of the Northbrooke Plaza site.~ This
road is tb be incorporated in the Subdivision Master Plan which is submitted for
the Northbrooke Plaza project, and is to be dedicated to the public.
** 2.5 RELATED pRoJECT PLAN APPROVAL REQUIREMENTS
A. Prior to tl~e recording of a Record Plat, for all or part" of the PUD, fipal
plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance
with the PUD Master Plan, the County Subdivision Regulations and the
platting laws of the State of Florida. :
B. Attachment "1", the PUD Master Plan, constitutes the required PUD
Development Plan. Subsequent to or concurrent with PUD approval, a
Subdivision Master Plan shall be submitted for the entire area covered by
the PUD Master Plan. All division of property and the development of
the land shall be in compliance with the Subdivision Regulations.
C. 'The provisions of Section 10.5 of the Zoning Ordinance shall apply to
the development of all platted tracts, or parcels of land as provided in
said Section 10.5 prior to the issuance of a building permit or other
? development order.
D. The developer of any platted tract or'parcel approved for single .family
~.' residential development shall be required to Submit and receive apl~roval
of'a Subdivision Master Plan in conformance with. requirements
established by Article IX~, Section 3, of the Subdivision Re9ulations, or
any subsequent amendment relating thereto prior to the submittal of
... construction plans and plat for any portion of the tract or parcel.
E. Appropriate ir~struments will be provided at the time of infrastructural
improvements regarding any dedications and method for providing
perpetual maintenance of common facilities.
2.6. INTERNAL PROJECT STREETS TO BE PRIVATE
All platted streets within the project shall be private and shall be the common
property of the project landowners.
SECTION III
PROJECT DEVELOPMENT REGULATIONS
TRACT A
3.A.1. PURPOSE ..
The purpose of this Section is to set forth the development regulations
~ applicable to Tract A of the Northbrooke Plaza project. (Refer to PUD
;. Master Plan).
3.A.2 USES PERMI'I-rED
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:
1. Automobile service stations. Vehicle cleaning, service and
..:~ repair facilities are permitted, except for repair facilities
involving engine removal, body repair, or painting
~ 2. Hotels/motels
~..,,' = 3. Offices
~'-"" ' = 4.= FinanCial institutions
5. Medical offices, laboratories,, clinics, health improvement
' facilities, nursing homes, hospitals
6. Restaurants (conventional, fast turnover, and/or fast foodl;
i',~,; ~ cocktail lounges; night clubs
.?..~ 7. Drive-in facilities for permitted uses
:
8. Food stores, drugstores, retail stores, personal service uses,
' supermarkets, movie theaters, and associated uses which are
~ ' ~ characteristically located in shopping centers
· . 9. Automobile dealerships, which may include service and repair
,' facilities
10. Commercial and non-commercial recreational uses and facilities
1 1. Civic, cultural, religious, and public service uses and facilities
12. Shopping centers
13. Any other commercial use or professional service which is
· comparable in nature with the foregoing uses and which the
Planning Services Manager determines to be compatible with
and appropriate for inclusion in the mix of Tract A per?,itted
principal uses. ~,' "
Accessory Uses:
1. Acce, ssory uses and structures, which are customarily
associated with the permitted uses.
2.' Project sales and administration offices and facilities.
3. Signs as permitted by the Collier County Sign Ordinance in
effect at the time of sign permit application.
;': 3,A,3. DEVELOPMENT STANDARDS
A, Mlnimum Yards:
..,.. 1, Front:' 15'
.... 2, Side: none, or a minimum of five (5) feet with unobstructed
passage from front yard to rear yard.
,~.. 3. Rear: 25'
4. Lakefront: 0'
~'i' :' 5. Any yard abutting an exterior boundary of the 39.9 acre tract:
~,~.~ . . 25'.
,- 6. Distance between structures on the same site: One half the
sum of the building heights.
B. Maximum Hotel/Motel Density:
26 units per acre.
C. Minimum Hotel/Motel Unit Size:
;..' 300 square feet,
· D,. Maximum Building Height:
Three stories above ground level parking, Taller buildings may be
.?~' authorized at the Site Development Plan approval stage, provided that
.,.. in no event shall building height exceed ten stories, Prior to
authorizing a taller building, determination shall be made by the
County that the nature of the use to which the building is tO be
devoted warrants the additional height, and that the taller building
will not depreciate the intended character and quality Of the overall
project or of nearby land uses,
E, Merchandise Storage and Display:
There shall be no outside storage or display of merchandise,
'r F. Utilities:
Electrical, telephone and television 'service lines shall be placed'
...,~, underground. Pad mounted transformers and other components of
underground service systems which are normally located above
: ground shall be placed and screened so as to be minimize their
,., visibiliW from a street right-of-way or an adjoining property.
~? G. Offstree't parking required:
As determined by the Collier County Zoning Ordinance in effect at
the time of Site Development Plan application.
:*:" H. Signs:
-;~' As permitted by the Collier County Sign Ordinance in effect at the
·time of sign permit application..
10
SECTION III
PROJECT DEVELOPMENT REGULATIONS
TRACT B
3.B.I. PURPOSE
· The purpose of this Section is to set forth the devel(~pment regulations
" applicable to Tract B of the Northbrooke Plaza prelect. (Refer to PUD
Master Plan).
3.B.2. 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
, ~'. 1. Offices
.... 2. Financial institutions ' '
,;'. '3. Medical offices, laboratories, clinics, health improvement
,., ' facilities, nursing homes, hospitals
4. Restaurants (sit down/table service only. No drive-in or takeout
counter service); cocktail lounges
:, 5. Veterinary clinics. No outside runs. All animal pens to be
indoors, air conditioned
6. Funeral homes
7. Food stores, drugstores, retail stores, personal service uses,
~ supermarkets, movie theaters, and associated uses which ate
~,;~.~' characteristically located in shopping centers
i,', 8. Commercial and non-commercial recreational uses and facilities
,¢' 9. Civic, cultural, religious, and public service uses and facilities
10. Shopping centers
11. Any other commercial use or professional service which is
'.'. comparable in nature with the foregoing uses and which the
~ Planning Services Manager determines to be compatible with
and appropriate for inclusion in the mix of Tract B permitted
principal uses.
t:,'i~' ,.~ · B. 4 Accessory Uses r~:l
-- 1. Accessory uses and structures which are customarily
associated with the permitted uses.
2. 'Project sales and *administration offices and facilities.
.'~
3. Signs as permitted by the Collier County Sign Ordinan..ce in
:~" effect at the time of sign permit application. '~'
~- 3.B.3. DEVELOPMENT STANDARDS
A, Minimum 'Yards:
1, Front: 15'
i~," .2. Side: none, or a minimum of five (5} feet with unobstructed
~="~ passage from front yard to rear' yard.
,:" ~ 3. Rear: 25'
,'
4. Any yard abutting an exterior boundary of the 39.9 acre tract:
? 5. Distance between structures on the same site: one half the
sum of the building heights.
B. Maximum Building Height:
, · Three stories above ground level parking. Taller buildings may be
· ~i~:.~* authorized at the Site Development Plan approval stage, provided that
· in no event shall building height exceed ten stories. Prior to
.; aUthorizing'a taller building, determination shall be made by the
.'.,' County that the nature of the use to which the building is to be
~'~: devoted warrants the additional, height, and that the taller building
will not depreciate the intended character and quality of the overall
; project or of nearby land uses.
.~,* .. . C. Merchandise Storage and Display: ~ .
There shall be no outside storage' or display of merchandise.
D. Utilities:
Electrical, telephone and television service lines shall be placed
~ .~ underground. Pad mounted transformers and other components of
, underground service systems which are normally located above
'[ ' ground shall be placed and screened so as to minimize their visibility
from a street right-of-way or an adioining property.
E. Offstreet parking required:
,.~..: As determined by the Collier County Zon!ng Ordinance at the time of
Site Development Plan application.
./ F. Signs:
'~' As permitted by the.Collier County Sign Ordinance in effect at the
.. time of.sign permit application.
SECTION III
PROJECT DEVELOPMENT REGULATIONS
TRACT C
;~.,., 3.C.1. PURPOSE ·
The purpose of this section is to set forth the development regulations
applicable to Tract C of the Northbrooke Plaza project. (Refer to PUD
:, Master Plan).
3.C.2. USES PERMI~-t'ED
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:
1. Single end/or multiple family residences
2. Housing facilities for the elderly and infirm, including medical
and other support facilities and services incidental to the
operation of the project on behalf of project residents
' 3. Family care facilities, group care facilities (Category I), care
units (not including uses found in group care facilities, Category
II), nursing homes (subject to Section 8.53 of the Collier County
Zoning Ordinance)
4. Civic, cultural, religious, and public service uses and facilities
; 5. Social, recreational, and related uses whose primary purpose is
to serve the residents of Tract C
B. AccesSory Uses: · :
1. Accessory uses and structures which are customarily
..~ associated with the permitted uses.
¥... 2. Project sales and administration offices and facilities.
~ 3. Signs as permitted by the Collier County Sign Ordinance in
effect at the time of sign permit application.
~,;.:~;~ .:,, 3.C.3. DEVELOPMENT STANDARDS
~ "' A. Minimum Yards:
~":; ~ ,." 1. Front: 25'~
~~," ~ ' -', 2. Side: 10' or half the building height, whichever is great,fr. ' ' -'
:'~ 3. Rear: 25'.
~. '; 4. Any.yard abutting an exterior boundary of the 39.9 acre tract:
~:.;..,.. 5.' Distance between structures on the same site: one half the
~.: sum of the building heights,
:.~ ~ B. Maximum Building Height:
Five stories above ground level parking. Taller buildings may be
authorized at the Site Development Plan approval stage, provided that
in no event shall building height exceed ten stories. Prior to
authorizing a taller building, determination shall be made by the
County. that the nature of the use to which the building is to be
devoted warrants the additional height, and that the taller building
will not depreciate the intended character and quality of the overall
project or of nearby land uses.
:~: C. Maximum Residential Density:
~,?.. 16 units per gross tract acre.
:'. D. Utilities:
~,,,,, Electrical, telephone and television service lines shall be placed
:; .~: underground. Pad mounted transformers and other components of
· underground service systems which are normally located above
,,!: ground shall be placed and screened so as to be minimize their
". · visibility from a street right-of-way or an adjoining property.
'~' E; Offstreet parking required: , '
~.,. As'determined by the Collier County Zoning Ordinan;::e at the time of
;, ::!,'. '. Site Development Plan application.
';~ F. Signs:
~ As permitted by the Collier County Sign Ordinance in effect at the
";" time of sign permit application.
'15
...... ,,.~? ! . ,,~ .
m m
:' SECTION IV
,:! DEVELOPMENT COMMITMENTS
The purpose of this section is to set forth the development commitments for
the Northbrooke Plaza PUD project.
~'*'~ All facilities shall be constructed in strict accordance with Final~ Site
i!~'' Development Plans, Final Subdivision Plans and all applicable State and local
laws, codes, and regulations applicable to this PUD. Except where specifically
noted or..stated otherwise, the standards and specifications of the official
County Zoning Ordinance and Subdivision Regulations in effect at the time of
Site Development Plan/Subdivision Master Plan approval(s)..shall apply to this
project even if the land within the PUD Is not to be platted. The developer, his
successor and assigns shall be responsible for the commitments outlined in this
document.
;-~. The developer, his successor or assignee agrees to follow the Master Plan and
the regulations of the PUD as adopted and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
~.i; the developer agrees to convey to any successoror assignee in title any
commitments within this agreement.
· ';~. 4.3. PUD MASTER PLAN
A. The PUD Master Plan known as Attachment "1",. Which is by reference
· ' made a part of this PUD document, indicates a division of the property into
14 ~. three land use tracts. The following table provides overview information
on each of the tracts.
PERMITTED % OF ;
TRACT USES ° ACRES TOTAL
~ A Gas station 18.2 45.6
Restaurants
Hotels/Motels
General Retail
ii. .' Offices
[ ;~.;:;....' e Restaurants 7.6 19.1
: General Retail :
: Offices
· . C Residential ] ~r,l_ 35.3
· 39.9 100.0
; * See Section III of the PUD document for more specific
: . · information regarding Permitted Uses.
Note: Acreage total does not include 2.855 acre access road.
~,~"~. ' B. AIl~ necessary easements, dedications, or other instruments shall be granted
. :, to insure the continued operation and maintenance of all service utilities
and all common areas in the project.
4.4. SCHEDULE OF DEVELOPMENT
The PUD applicant will not be the end user of the improved sites .~.p be
~.~, established in Northbrooke Plaza, and a definitive development schedule c~nnot
,.~., be established at this time. Based on the expected rate 0f development in the
,. general area of the Northbrooke Plaza proiect, it is estimated that proiect
' .* development will be initiated in 1992, and that development of*the individual
sites within the project will be concluded by the year 2000.
.~,:.~. 4.5. TRANSPORTATION
A. The developer shall provide left and right turn lanes on Immokalee Road at
:.?. the.project entrance. If the existing median opening is scheduled to be
closed in the near futUre the left turn requirement may be waived. Th~
.~"i median opening is planned to be closed upon the four laning of Immokalee
".~i. Road from 1-75 to CR 951. Since access to the parcel may be limited in
-, the future to right-turn in/right-turn out via CR 846, development within
the parcel shall be phased so as not to generate/attract more traffic than
the capacity of the entrance road and/or entrance access f~om CR 846.
': ' Development beyond the capacity of the single access via CR 846 shall be
!:. subject to available access via the northern eXtension of Oaks Boulevard
-~ between CR 846 and Bonita Beach Road. Entrance road access capacity
is 'to be increased in stages, as follows:
{i~. A road to provide access to the Northbrooke property and properties to the
~.. north will be constructed with its intersection with Immokalee Road located
~:~:,~ at the extreme east edge of the Northbrooke property so as to maximize
" the'distance from the 1-75 ramps. :This will be a full intersection with
median opening, but unsignalized in Stage 1. It is assumed that Immokalee
Rdad will be four-laned, as now programmed. Two lanes will be
constructed on the north approach, one for left turning traffic and one for
· ., right turning traffic.
The capacity analysis showed that the critical movement will be right turns
!~r~.. out of the Northbrooke road. To keep this volume Iow enough to avoid
'~: ~ exceeding LOS D, the estimated maximum two-way volume on the north
'ir '" leg is 8,100 vehicles ADT. This estimate assumes that the bulk of the
Northbrooke road traffic is commercial and heavily oriented to 1-75; with
::' less orientation to 1-75, the maximum volume on the Northbrooke road
could increase without exceeding standard capacity.
%;
-~ - This estimate also assumes that Northbrooke traffic uses all gaps now
available during the peak hour flow of traffic on Immokalee Road. If a
signal were to be installed at Oaks Boulevard to the east, then additional
:' ; gaps, due to platooning of vehicles from the east, will occur at the
Northbrooke road, and the estimated n~aximum two-way volume on the
~ north leg of Northbrooke would increase from 8,100 to about 1'0,100
vehicles ADT.
The Northbrooke road intersection with Immokalee Road :would be
signalized with optimum phasing and timing. Initially, this would operate
· w!thout dual turn lanes; ultimately, if the Oaks Boulevard extension (Stage
3) is delayed, then dual turn lanes may be required. With signalization, the
estimated maximum two-way volume on the north leg to maintain LOS D
is 17,100 vehicles ADT. This assumes an east-west split of Northbrooke
road peak hour traffic similar to that which now occurs at the Oaks
Boulevard-lmmokalee Road intersection (per peak hour turning movement
counts made on March 19, 1991). Other capacity increases might be
feasible if this road were to serve as the primary access to properties north
· ~,~i;.: for an extended period of time. . :
".~: Staoe 3:
~,'~ Oaks Boulevard Is extended to the north, a lateral service road connection
::~.~ is made to provide access to Northbrooke Plaza, and the Northbrooke road
: intersection with Immokalee Road is converted to an unsignalized entrar~ce
~ : allowing right turns in and out only, with the median opening closed to
: prohibi~ left turns in or out of Northbrooke Plaza. The Oaks Boulevard
intersection would be signalized with optimum phasing and timing. Dual
turn lanes would be required on the north and west approaches to provide
adequate capacity. The estimated maximum two-way volume on the north
leg :of the extension of Oaks Boulevard, to. maintain LOS D, could be as
great as 25,000 vehicles ADT if Oaks Boulevard were a four lane road, at
least through the intersection and its approaches.
It should be noted that these estimated maximum volumes are considered
~ reasonable~ and are based on assumptions which are considered
reasonable. However, as volumes increase, traffic engineering studies: of
' the actual conditions will:be necessary to determine just when LOS D '.
service volumes will be reached in each Stage. Monitoring of volumes
shall be conducted as a part of the required annual PUD monitor.lng. When'
the daily volumes indicated above are reached in each Stage, the detailed
studies of actual capacity performance are to be triggered.
B. The developer shall provide a fair share contribution toward the capital cost '
: of a traffic signal at any future major access that serves the project via a
frontage road and/or Oaks Boulevard, when the signal system is deemed
:~" ' : 18
;
,,~ '~:.. ' ; .' ~. .
warranted by the County. The signal will be owned, operated and
maintained by Collier County. Also, the developer shall participate in the
cost of extending Oaks Boulevard north of CR 846 and road connections
thereto In accordance'with the applicable benefit of such access in terms
of roadway capacity. "
C. · The "developer shall provide arterial leVel street lighting at the project
entrance.
D. The ~'oad impact fee shall be as set forth in Ordinance 85-55, asamended,
and shall be paid at the time building permits are issued unless otherwise
approved by the Board of County Commissioners. ..
E. Access improvements shall not be subject to impact fee credits and shall
be in place before any certificates of occupancy are issued.
F. All traffic control devices used shall conform with the Manuel on Uniform
Traffic Control Devices as required by Chapter 316.0747 Florida Statutes.
G. Induced growth has the potential of creating capacity deficiencies on
adjacent roads; the applicant is advised that future land .development
activities in the area may be subject to specific controls should road
service level standards not be met.
H. The construction of the road along the eastern property line may precede :
.' the submission of the Subdivision Master Plan{si (SMP(s]] for the
Northbrooke Plaza PUD, but shall preCede preliminary acceptance of any
internal improvements to the Northbrooke Plaza PUD.
4.6. WATER: MANAGEMENT
A.A.c0py of South Florida Water Management District Permit or Early Work
Permit is required prior to construction plan approval.
B.The runoff.generated by the proposed right-of-way on:the east property
side shall be incorporated with the master water management system;
..
C. If the detailed water management system to be submitted at the time of
Subdivision Master Plan petition differs considerably from the ,conceptual'
system, the project will be taken back to the Water Management Advisory
Board prior to approval. Otherwise, it may be approved administratively.
D. A right-of-way permit from the Big Cypress Basin to allow discharge into
the Cocohatchee Canal shall be provided prior to construction plan
approval.
91
19
, ,. : : .-: .
~ ~' E. A fifteen foot (15') maintenance easement along the Cocohatchee Canal
?? adjacent to the west and south property lines shall be dedicated to the Big
~;~.- Cypress Basin for maintenance. Final exact locations (beginning and
. ending locations) shall be established on the final recorded plat.
.:,., F. Prior to approval of the South Florida Water Management Permit, and the
project's construction documents and final plat; determination shall be
,~ made that stormwater discharged from the developed'pr°ject does not
exceed the amount discharged from the project site prior to. development..
In the event that the Cocohatchee Canal adjacent the property is unable to
accommodate Stormwater discharge from the project, it will be necessary
ii:,.i {hat the project be designed for zero st0rmwater discharge until such time
't'~i aS Improvements have been made to the Cocohatchee Canal which permit
~:" project discharge to be authorized.
4.7.
'~'~ A. This project shall be designed for central water and sewer systems.
~;.;' B. It is anticipated that the CoUnty Utilities Division will ultimately .supply
;.'." potable water to meet the consumptive demand end/or receive and treat.
~ the ~ewage generated by this project. Should the County system not be
~.,, in a position to supply potable water to the project and/or receive the
project's wastewater at the time development commences, the Developer,
~" at his expense will Install and operate interim water supply and on-site
treatment facilities end/or interim on-site sewage treatment and disposal
facilities adequate to meet all requirements of the appropriate regulatory
~. agencies. If an existing private utility will be utilized to provide service
the project such service shall be regarded as interim, with the project
,~ connecting to County owned facilities when they become available. An
agreement shall be entered into between the County and the Developer,
binding on the'interim purveyor and the Developer, his assigns or
successors regarding any interim treatment facilities, to be utilized. The
' ' agreement must be legally sufficient ~o the County, prior to the approval
of construction documents for the project, and be in conformance with the
requirement, s of Collier County Ordinance No. 88-76, as amended.
C.. The on-site water distribution system to serve the I~roject must be
· . designed with the ~following features incorporated into the distribution
system:
1. Dead-end mains shall be eliminated by looping the internal pipeline
·, network or by providing a fire hydrant at the end of the cul-de-sac.
~' 2. Stubs for future system interconnection with adjacent properties shall
· be provided to the east and the north property lines of the project, at
locations to be mutually agreed to by the County and the Developer
during the ,design phase of the project.
~";'. D. Prior to approval of construction documents by the County, the Developer
~,!... must present verification pursuant to Chapter 367, Florida Statutes, that
;~" the 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.
E. Water distribution, sewage collection and transmission and interim ~vater
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other applicable County
?' rules and regulations.
F. All customers connecting to the water distribution and sewage collection
:,~ facilities to be constructed will be customers of tha County and will be
· ':,. billed by the County in accordance with the County's established rates.
? Should the 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
County's off-site water and/or sewer facilities are available to serve the
'~.- project.
4.8.
;: A. Access into each tract as shown on the master development plan is
.;;, Informational only. Location and number is subject to Subdivision Mas~er
plan or SDP approval.
B. The width of the prol~osed right-of-way along the eastern side of the
· .~ · project shall be determined at the time o.f Subdivision Master Plan review
~:;~ and it will be based on the street type that will be required to provide
- ' access to the surrounding developments,
:.. C. This project shall be required to meet all County Ordinances in effect at the
~ · time final construction documents are submitted for development approval.
:. D. Detailed paving, grading, site drainage and utility plans shall be submitted
~, to Project Review Services for review. No constructioh permits shall.be
~..'i ' issued unless and until .approval of the proposed ...construction in
: accordance with the submitted plans is granted by Proiect Review
':;.~:"''. Services,
E, Work within Collier County right-of-way shall meet the requirements of
.. Collier County Right-of-Way Ordinance No. 82-91.
F. An Excavation Permit will be required for the proposed lake(s} in
accordance with Collier County Ordinance No. 88-26 and South Florida
Water Management District rules. Lakes shall meet minimUm setback
requirements as required by Ordinance No. 88-26.
21
4.9., ENVIRONMENTAL
A, A protected species survey, specifically for gopher tortoises {Gooherus
polvohemus), shall be conducted in accordance with the requirements of
the Florida Game and Fresh Water Fish Commission within six (6) months
or less of Site Development Plan {SDP) or Subdivision Master Plan (SMP}
submittal. :
B. Wetlands shall be flagged by the developer, t° include Collier County
jurisdictional lines, and shall :be field verified by Collier County Project
Review Services Environmental Staff prior to and as part of the Site
Development Plan/Subdivision Master Plan approval. Said: approved
wetland boundary shall be indicated on the SMP and final site development
plan/construction plan.
C. All proposed mitigation for Impacts to Colller County jurisdictional wetlands
shall comply with the ratios and requirements of Appendix 7 of the South
Florida Water Management District rules. Mitigation areas shall be
surveyed prior to final {site development plan/construction plan) approval
~nd designated as a conservation easement and/or tract with protective
covenants pursuant to Florida Statutes, Chapter 704.06.
· :
D. An exotic removal, monitoring, and maintenance (exotic-free) plan for the
site~shall be submitted to Project Review Services Environmental Staff for
review and approval prior to final site development plan/construction plan
approval. :
E. Tl~e developer shall be sub]oct to all environmental ordinances in effect at
' the time of Site Development Plan/Subdivision Master Plan approvals.
F. The 0.49 acre wetland area located in the southeast corner of the site shall
be mitigated to comply with the ratios and requirements of Appendix 7 of
the:South Florida Water Managemen. t District rules.
4.10. ACCESSORY STRUCTURES
Accessory structures must be constructed simultaneously with or following the
' construction of :the principal structure. . :
4.11. SIGNS .. :
Ail signs shall be in accordance with the Collier County Sign Ordinan0e in effect:
at the time of building permit .application.
4.12. LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the
Collier County Zoning Ordinance in effect at the time of construction plans
application.
22
lB 045. 94
.. . ...
4,13 LANDSCAPE BUFFER
A landscaped buffer a minimum of 20 feet in width shall be provided adjacent
to all perimeter boundaries of the 39.9 acre tract as well as between residential
and non-residential uses of the 39.9 acre tract.
4.14 OPEN SPACE REQUIREMENT
A minimum of 30% of the total acreage of this PUD shall be left in open space
in accordance with Collier County Ordinance No. 89-42. At the time of
submission of the Subdivision Master Plan{s) (SMP{s)), a minimum of 30% of
the total acreage of .Tract A, a minimum of 30% of the total acreage of Tract
B, and a minimum of 30% of the total acreage of Tract C of this PUD shall be
identified as open space on the SMP(s}. This stipulation is designed to ensure
that the 30% open space requirement is applied to the property in the
aggregate or as each tract is developed. In addition, this PUD shall comply
with County Ordinance No. 89-58 (Preservation of NatiVe Habitat and Tree
Removal Permit).
4.15 ACCESS
The 100 foot roadway and temporary cul-de, sac shall be built and dedicated to'
Collier County prior to any construction plan approval or permit issuance for
" development of the 39.9 acre tract.
4.16. POLLING PLACES
Rooms shall be provided Within common areas for the purpose of permitting
residents within the PUD to vote.during all elections. The number and location
of needed rooms shall be determined by the Collier County Supervisor of
Elections.
4.17 CONCURRENCY
Development permitted by approval of this petition will be subject to 'a
.concurrency review under the provisions of the Adequate Public Facilities
Ordinance No. 90-24 at the earliest or next to occur of either final SDP
app. roval, or building permit issuance applicable to this projec:t.
23
Attachment "1"
TRACT AC. RE~
B 7.6
C t4. t* ]
'ACC~S RD. R/~ 2.855
~OT~
~2.755
Include.' a portion oE the lake.
14.8 ~.
· · ~tACT UAe
i8.Z M,
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 tha~ the foregoing ts a true copy of:
Ordinance No. 91-6~
:which was:adopted by the Board of County Co~lsstoners on
the 30th day of July, 1991, during Re~lar Session.
WI~ESS my hand and the o~f~c~al seal of ~he Board of
Cowry Co~l~sloners of Collier County, Florida, this
da~ of Au~s~, 1991.
*:: J~ES C. GILES * * * : '.
Clerk of Courts and Clerg*j'.
Ex-officio to Board of ~*~'. ,
County Co~ts~toners ."
..~