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Ordinance 91-073 ORDINANCE 91-__ 73 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 MAPS NUMBERED 6928S, 6933N AND 462930; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS HERITAGE PUD, FOR A MIXED' USE COMPLEX ( MIXED USES INCLUDING COMMERCIAL, RESIDENTIAL, AND COMMUNITY USE .FACILITIES), FOR PROPERTY LOCATED ON THE EAST SIDE OF STATE ROAD 29 JUST. NORTH OF .. NEW MARKET SUBDIVISION, LYING IN SECTIONS 27, 28, 33 AND 34, TOWNSHIP 46 SOUTH,.RANGE. CONSISTING O~ 346 ACRES~ AMD ~Y PROVIDING. AM.E~FECTIVE D~TE.. WHEREAS, the commercial portion of the. Heritage Planned ~ Unit Development (PUD) has been found to be inconsistent with some of the criteria for ."Commercial Development Within Planned ~. 'Unit Dev&lopment" as required .by the Immokalee Area Master Plan Element of the Growth Management Plan; WHEREAS, the Collier County Growth Planning Department'' ~..'.. petitioned 'the Board of County Commissioners to change the ~::" zoning classification of the herein described real proper~y to. be consistent with the Immokalee Area Master Plan Element of the · Growth' Management Plan; "..~ 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 Sections 27, 28, 33 and 24, ToWnship 46 South, Range 29 East, collier County, Florida, ~s changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD document, attached herein as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning'Atlas Maps Numbered 6928S, 6933N and 462930, as ,. described in Ordinance Number 82-2, is hereby amende~ accordingly. Ordinance. Number. 8~..741,. known as the Heritage PUD, adopted on September 27,.' 198a-b~.. the Board of County Commissioners of Collier Cou'~ty 'is hereby 'rep'ealed in itl entirety. This O~dinan~ shall ~.%~ .. notice fro~ '.t~..Sa.p~ata~;'b'f'. the Stata that this Ordinance has ~' b.en file~.wit~ ~e Sacre~a~ of. ~. State .... . ~j., PASSED ~D DULY A~ED by. the Board of County. Comlsstoner~.f:=olli,r C;~hty', Florida, this /~rqay of '" 1991.. ~;~ A~STI :'~:~7~' r'- : .... ~ OF co~Y CO~ISSIO~. .~ '.$=~S C& 'G~, Clerk CO~IER CO~TY, F~RIDA BY~ · ' -.- PA~ICIA ~NE GOODNIG~ ~ :} Ha~o~e M. Student · t~ of tate's Off · :~ :~ ~eritage Ordinance fil~ PEEK, INC, HERITAGE :. "" :' 345.6+ Ac~e~ Located ~n Sec~on 28 & 33 ~sh~9 46 South, Range 29 East Collfe~ County, Florida PREPPED BY: WILSON, MILLER, B~TON & PEEK~ INC. NAPLES, FLORIDA 33942 DATE OF ORIGINAL BCC APPROVAL~ 9-27-88 ORIGINA~ ORDIN~CE NUMBER1 88-74 DATE ~END~D DOCUMENT FILED: 7-2-91 DATE APPROVED BY CCPC: DATE' APPROVED BY BCC: ORDIN~CE NUNBER ~ ~1 * MILL£R ,, BARTON & P£EK. INC. TABLE OF CONTENTS hIST OF EXHIBITS '~ ........ PAGE ,~' STATEHE~ OF COHPLI~CE ~D SHORT TITHE ............... 1-1 ' SE~ION II PROPERTY O~ERSHIP ~D LE~L DESCRIPTION ............ 2-1 SECTION III SE~ZON IV RESID~IAh D~LOP~ENT REGU~TIONS ............ '4-~ SECTION V ~LF COURSE, CL~HOUSS, RECR~TION, ~D OPEN spAcE ... 5-1 S~C~ZON VIZ SECTION, VEil 6~L D~LOP~ENT CO~XT~ENTS ....................... 8-1 . & PEEK. INC. LIST OF EXHIBITS. ~ '"'":':i~ EXHIBIT A P.U.D". NASTe. R P:d%N. WNBS&P' FIt-E NO. RZ-165 EXHIBIT A PEEK. INC. ~ SECTION I ~" STATEHENT OF COHPLIANCE AND SHORT TITLE The purpose of this section is to express the intent o! Coi'lier Development Corporation hereinafter 'referred to as the developer to create a P.U.D. on 345.6+ acres of land located in part of Section 28 & 3], Township 46 Sou~h, Range 29 East, Collier County, Florida. The name of' this proposed project shall be HERITAGE. The' 'development of HERITAGE as a planned unit development will be in · compliance'with the planning 9oals and objectives of'Collier County as ' set forth in...the Growth Hanagement Plan. The residential development will be consistent with the growth policies and land davelopment regulations of the Growth Hanagement Plan Land Use Element and other applicable documents for the following £easons= 1. The subject property has the necessary rating points to determine availability of adequate community facilities and services in conformance with the Collier County Zoning Ordinance. ,.2. The' project ia compatible with and. complimentary to the' surrounding land uses. ~,'3. All improvements shall be in compliance With 'applicable requlationa. ~[i 4.. The project development will result in an efficient and economical extension of community facilities and serviceS. '5. The project development rs planned to incorporate natural systems for water management in accordance with their natural · ' functions and capabilities. 6. The subject property has met all the criteria required for the ~, P.UD under the Immokalee Area Kaster Plan Element of the Growth 'Hanagement Plan. 7. The project is consistent with the lmmokalee Ar~a Master Plan ' Element and 'the Future Land Use Element 'of the Growth , Management Plan. '? SHORT TITLE ~ , , This Ordinance shall be known and cited as the HERITAGE P.U.D. ~:~. Ordinance. 1-1 · BARTON A PEEK, INC. PROPERTY OWNERSHIP AND LEGAL'DESCRIPTION PROPERTY OWNERSHIP ~'*'-'?~<..~,.,.~, :.._,_~'The, subject pr~perty.is. . currentl~ owned by= ':::"'-~:'. Coll'l~f Development Corpo~ation .:.: 3003 Tamiami Trail, North .. Naples, FL 33940 2.2 LEGAL DESCRIPTION : :'=The subject property is described as follows= ~ C~mmencing at the southwest corner ~f Section 28, Township 46 ..~ . South, Range 29 Eaat, run North 89~-~9'-45" East 99.56' to a ~, concrete monument, thence North 0~-51,-00" West:1101.S2' '"%long the easterly right-of-way line of S.R. 29 to the POINT i,'.. : OF BEGINNING said point being on the East 'right-of-way line ~: .:of S.R. 29 and the northerly right-of-way line of ~adison · .. Avenue, as shown on the Plat of Newmarket subdivision as recorded in Platbook 1 Pages 104 and 105 Publi¢..Records of · Collier County, Flor[dal ." : '-: thence continue North 0°-51'-00 West 1260.00' along the .!~[ ' easterly rtght-~f-way:line o~ S~R. 29~ ~:-"= thence North 89~-09'-00 · : thence South 45°-54'-50 . ( thence South 44°-05'-10" West 3300.00i~ .~..,. thence North 45°-54,-50" West 4673.13' to the Point of : · Beginning, containing 345.6 a~res~. . The herein described property is a ~art the southwest 1/4 of .... ' Section 28 and a part o~ the northwest 1/4 o~ Section 33, · Township 46 South, Range 29 East all in Collier County, · MILLER · BARTON & PEEK. INC. ~ .SECTION ~ 'STATENENT OF INTENT AND PROJECT DESCRIPTION " 3.z. I OOUCTION ~ii'~':' T~ "development objective of this project is the 'creation o~ the first pla~ed urban'residential and' golf course oriented ~-,.~ com~unity in I~mokalee. It is the 'developer's intention to :.~" create a mixed use residential development with single and multi-family housing as well as commercial and community use tracts. This development will also provide recreational and support facilities such as an 18-hole professional golf course, driving range, clubhouse,' swimming pools, tennis --: courts, and any other additional facilities as may be deemed "~" desirable. The residential tracts and facilities as.shown on the P.U.D. Master Plan shall be located around proposed lakes and 'areas .:~i'' Of natural vegetation. The development shall demonstrate for its residents, an eminently desirable, aesthetically pleasing, and environmentally sound way of life. It is the purpose of this document to provide the required standards and to set ~". forth guidelines for the future development of the project.. ;~... 3.2 ~RACTIONALIZATZON O~ TRACTS :77:'. A. When the developer sells an entire, tract or a building ~.?. parcel (fraction of a tract) to a subsequent o~ner, Or ~;. proposes development of such property himself, the developer ,~.-.. shall provide to the Planning Set.vices Manager for 'approval, ~'. ' prior.to.the development of Such property, a boundary drawing ~:.. showing the tract and the building parcel therein (when :.,:: applicable), the number of dwelling units of each residential ~:~.: type assigned to the property, or the commercial square '..'~ footage. The drawing shall also show the location and size · ' · of access to those fractional parts that do not abut a public ]' street. ' " B. In the event any residential'tract or building parcel is ~"'~...'.. sold by any subsequent owner, as identified in Section 3.2 '~' (A), in fractional parts to other parties for development, '~:'~:- the subsequent owner shall provide to the Planning 'Services Manager, for approval, prior to the development of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts ~Ji~ therein, where applicable, and the number of dwelling units, i'~i.~, or co~u~etcial square footage assigned to each. of the .~, fractional parts. The drawing shall also .show. the location and size of access to those fractional parts that do not abut ~ a public street. .3-1 RTON & PEEK, ¢. zn evaluating the ~ractional£zation plans, the Planning Services Manager's decision for approval or denial shall be based on compliance with the criteria and the development intent as set forth in this document, and conformance with allowable numbers of .residential units and the reasonable -~ccessibilit¥ of the fractional parts to public or private roadways, rom=on areas, or other means of ingress and egress. :D.: Zf approval or'denial of the fractionalization plan not issued within fifteen (15) working days, the submission shall be considered automatically approved. P.U.D. SITE PLAN APPROVAL PROCESS : A. When P.U.D[ site plan approval is desired by the developer or required, by this document, the following procedure shall be folloWed= A ~[tten request ~or site plan approval, with the appropriate fee shall be submitted to the Planning Services: Manager £o= approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose o£ this document. The Planning Services Manager shall distribute the materials to the appropriate reviewing entities for their comments. Such material may include, but is not limited to the following, where applicable= 1) Site plans at' an appropriate scale showing general locations of structures on the property; pro~isions for ingress and egress, off-street loading areas~ yards and other open spaces. 2) Plans showing proposed locations for utilities hook-up. 3) Plans for screening and buffering where appropriate. 8. In the case of zero lot line, group housin~ or cjustered ~uildings, required property development regulations may be waived or reduced provided a P.U.D. site plan is approved under this Section. C. Site plan approval under this Section may occur simultaneously with the fractionalization of tracts within the project. : / 0'45 , 295' · BARTON & PEEK, INC, ,,-. D. prior to issuance of buildin9 permits for any development . ~.~'..,,. requiring P.U.D. site plan approval, .a:P.U.D. site plan.shall be submitted for approval. 3.4 . LAN~ USES !~.. Table '.I is a ~chedule .of the intended land use types, wl~h .. approximate acreages and total dwelling units indicated. The arrangement of these land use types is show~ on Exhibit A, the ' Iljustrative P.U.D. Master Plan. The P.U.D. Master Plan is an iljustrative preliminary development plan. Changes and variations in design and acreages shall be permitted at site development . plan approval to accommodate topography, vegetation, and Other site conditions. The specific location and size of individual tracts and the assignment of dwelling 'un£ts thereto shall be submitted to the Planning Services Manager for approval or denial, as described in Section 3.2 of this document. The final size of the recreation and open space lands will depend on the actual requirements for Water . management, roadway pattern, and dwelling unit size and configuration. PROJECT DENSITY The total project's gross acreage is approximately 345.6+ acres. The maximum'number of dwelling units to be built o~ !.iI~'~ the total acreage is 798. The number of dwelling units per '. gross acre is approximately 2.3..The density on individual parcels of land throughout the project may vary according to the type of housing placed on 'each parcel of. land, in " accordance with the guidelines established in this document. ., . 3.6 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section 3.2, provided that the total number of dwelling units shall not exceed 798. The Planning 'Services Manager' shall be notified in accordance with Section ~.2 of such an increase and the resulting reduction in the corresponding .' residential land use types or other categories so that the total number of dwelling units shall not exceed 798.. ':' 3.7 DEVELOPMENT SEOUENCE AND SCHEDULE The property is to be developed over an estimated 8 year time period. This projection of project development is no more than an estimate based.on current marketing knowledge. The estimate may,' of course, change depending, upon future economic factors. Table II indicates, by project year, the estimated absorption of units for the development period. 3-3. WII.~ON · MILLER · BARTON & PEEK, INC. .~"' Clearing, grading, earthwork, and site drainage work shall be performed in accordance w'ith applicab~e Collier County Ordinances, and the ,standards and commitments ~ this '-' dbcument. .... 3.9 r~S.EME~rrS FOe :' gasementa, vhere re~ed, shall be p~ovidad ~or rater ~. managemenb a~eas, ubilikies and other purposes as ma~ be needed. Sa~d easements and improvements shall be compliance vtth the applicable ~e~la~ions In e~ect a~ the ~ t~ma approvals are requested. " ,~11 necessary easements, dedications, or ocher instruments -.~ shall be 9ranted to ~nsure the continued operation and maintenance o~ all service u~lities in compliance v~th ppplicable regulations in el[act a~ the ~ime approvals are ' ~e~asted. ~'~pl~t'ed'on the ~.~.~. ~aster Plan, lakes and natural areas have Been preliminagail~ sited. ~he goals o~ this are to achieve an overall aesthetic character ~or ~he pro,ack, ~,..~ , permit optimum use o~ the land, and to increase bhe ~. ~ e[~cienc~ o~ the rater mana9ement, netvo~k. ~cco~d~ngl~, the ~ setback requirements described in Ordinance 80-26, Section ~ 8~, as amended b~ Ordinance 83-3 ma~ be reduced vith the approval o~ ~he Count~ Engineer. Fill material ~om lakes is planned to be u~tltzed v~h~n ~he project, hoverer excess ~ill material ma~ be utilized o[[-s~te, sub~ec~ to approval ~ , o[ the Count~ Engineer. ~" ].1~ EXCEPTIONS TO THE'SUBDIVISZO~ ~EGU~TIO~S ' ~ The ~ollov~ng requirements o[ the subdivision regulation, shall be vatved subJec~ to reviev and appr.oval~b~ the CounC~ " ]'Y:. Engineer at the time of construc[ton plan submittal. A. Article X, Section 19: Street Name ~arkers - all traffic control devices and si~ meet requirements USDOTF~A ~anual. Street name signs shall be approved County Engineer. , B. A~ticle X, Section 16: Sidewalks - sidewalks shall be ~n - accordance with Section 8~is document. · MILLER · BARTON & PEEK. INC. C. Article XI, Section 10~ Monuments - may be waived. -Survey monuments shall be installed in accordance with .. · state statuteS. ... D.-Art'icle XI, Section . 17G= Street Pavement Widths - % private, cul-de-sac streets less than 1,000 feet in length may. be permitted to have two (2) ten foot lanes subject to .?' the. County..Engineer'.s approval prior to construction plan ..- %.f..preparation.. E-. Krticle X, Section 24= The requirement of utility casing installation (with the stipulation that all utilities are installed prior'to road construction). ,!~ F. Article XI, section 17I: Curb Radii (reduce requirements = ' from forty foot (40') radius to thirty foot (30') radius on internal intersections only.) ~,.. G. Article XI, Section 17Jr The requirement for 100 feet  [ · : minimum tangent at intersections. ~. H. Article X~, Section 21: Utility Casin~s if all utilities ~_.are_.constructed prior to pavement construction~ I. ~rticle XI, Section 17K: Reverse Curves - may be reduced to 50 feet on collectors and may not be required on local streets. J. Article XI, Section 1TH: Dead End Streets - the maximum " dead end street shall be 1.,500'feet with an appropriate cul-de-sac. ').12 SIGNAGE The developer intends to create a Uniformly designed special signage and identification system including, but not limited , to, subdivision and entrance signs for the project to compliment the intended development themes and~architectural ' ' styles. Such signs are intended to be located~and permitted at all project entrance points, as well as at other ' · :. strategically identified areas. '/"<~ Utilization of the rights-of-way for landscaping d~corative entrance ways, and signage shall be reviewed and approved by : the County Engineer prior to any installations. Two project identification signs, 'each not to exceed two hundred and fifty (250) square feet and one project 3-5 BARTON & PEEK, iNC. · , identification sign at each major entrance to the project not to exceed one hundred and ~i~ty: (150) square feet per . entrance. Maximum height, twenty-five ~eet (25'). ~ 3.13 ESSENTIA~ SERVICES Essential services in accordance with Section 8.10a are considered as,~n acceptable permitted use on all land use cat~gories within the project. Essential Services as defined in Section 8.10b of the Zoning Ordinance are permitted uses subject to a Site Development Plan approval. 3.14 ROADS Roads within the=development may be: either public or private roads, depending on location, capacity, and design. BARTON & PEEK. INC. ESTIHATED ....... TABLE I DESCRIPTION. APPROXIH~TE ACR~GE GOLF CO~SE/CL~HOUSE~ECR~TION/ 116.0 OPEN SPACE. ~ '~ESZD~Z~ ~ 122.0 ~GHT-OF-WAY ' 2 5 · 6 DRIVING ~GE 4 . 6 USE 14.8 ;'[~[.~TAh' D~LOP~E~ 3 4 5.6+ ACRES TOTAL ~TS 7 9 8 PROJECT D~SI~. 2.3 ~ITS/ACRE NOTEs THESE ACREAGES ARE APPROXIHATE AND ARE SUBJECT TO CHANGE 3-7 BARTON A PEEK. INC. IiERITAGE ESTINATED ABSORPTION SctiEDuI, E : :TAB LEI l PROJECT RESIDENTXAL ':f COItliERCIAL. COI~I~UNITY USE YEAR : 'UNITS ACREAGE : ACREAGE * 4' ' 100 2.5 }TOTAL , , 798 UNITS 10.5 ACRES 14.:8 ACI~ES : · BARTON & PEEK. INC, RESIDENTIAL DEVELOPMENT REGULATIONS 4.1 PURPOSE The purpose of this section' is to delineate and generally describe the project plan of'development, the respective land uses included in the. project as well' as the project's development criteria. 4.2.: 2 · GENERAL ? . .... RegulationI for development shall be in accordance with the ~ contents of this document, P.U.D. - Planned Unit Development .. Dlltrict and other applicable sections and parts of the ~ "Collier County zoning Ordinance". Residential areas designated on the Master Plan are to accommodate a full range 'i~: ' of residential dwelling units, recreational facilities, ~ .essential services, customary accessory uses, and compatible land uses. i~i~ 4°3 PER~IITTED I~XiMUM NUMBER OF DWELLING UNITS .. A maximum number of 798 dwelling units may be constructed on lands' designated as residential. '/ 4.4 PERHITTED 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 par.t, for other than the following: A. Permitted Principal Uses and Structures: :'.' .1) Single. family detached dwellings. ~..,.~ ~) Single '~amily attached, cjuster housing, group housing, zero lot line and patio housing. 5) Garden Apartment/Condominiums. ~' 6) Water management facil£ttes and lakes. "'*' ?) ~ntertm uttlit~ and maintenance facilities. 8) Manager's residence and offices. ,- 9) ~ny other use ~hich is comparable .in nature ~ith the dete=m£nes ~ I... ~,=p~t~l~l, {n th- district. · MILLER * BARTON & PEEK. INC. · . Permitted Accassory'Vsss and Structures~ '' ..1) Customary accessory uses and structures. 2) Signs " 3) Recreational Facilities. 4) Model?, units shall be permitted in conjunction with : the promotion of the devel.opment. The model unit'S ' shall be converted to residences at the end of a two 'year period unless otherwise specifically approved by the County. 4.5 DEVELOPMENT STANDARDS Table IIZ sets forth the development standards for land uses %ithin the Residential areas. Fr~nt yard setbacks shall be measured as follows: A. If the parcel is served 'by a public right~of-way, · setback'is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the road easement or parcel line. C. If the parcel ~s served by a private drive, setback is : measured from the back of curb or edge 'of pavement. Standards for parking, landscaping, signs and other land uses not specified herein are to be in accordance with Collier County Zoning regulations in effect at 'the time permits are requested. Unless otherwise indicated, setback, heights, and floor area standards apply to pr~ncipal structures.. The port,on of the residential trac~ in the southeast corner o~ the Project which abuts ~adison Avenue shall.provide a landscape buf~er: in accordance with Section 8.37 of the Zoning Ordinance. No buffer is required if ~he tract is developed with a single-family detached housing type(s). W~.LSON* MILLEReBARTON &PEEK, INC, DEVELOPMENT STANDARDS Residential Areas TABLE III SINGLE -. FAMILY ... ' SINGLE ATTACHED VILLAS MULT!-FA~ILY PERMITTED USES FANILY PATIO ZERO CjustER TOWNHOUSE AND ~. STANDARDS DETACHED HOMES LOT LINE HOMES GARDEN APARTNENT CATEGORY I 2 3 4 5. MINIHUM SITE 9000 · 5000 3500 · 2000 :+~." AREA SF SF SF SF ACRE SITE WIDTH 75' S0' 50' 25' 150 MIN. AVG. SITE DEPTH 120' '100' 100' 80' 150 FRONT YARD 25' 25' 25' 20' 20' :SETBACK .SIDE YARD 7,5' 5' 0' OR S, 0' OR 5' , SETBACK YARD 20' 20' 15' 20' 20' SETBACK PRINCIPAL ,~:. REaR YARD '1 10'P '10'P 10'P ' 10'P 10'P .SETBACK ACSRY. 0'GCRO 0'GCRO 0'GCRO O'GCRO O'GCRO HAX. BUILDING 2 2 2 2 3 HEIGHT STORIES ABOVEPARKING ~DIST. BETWEEN 15' 10' O' OR.10' 10' 1/2 of :PRINCIPAL STR. SBH ,'FLOOR AREA 1000 750 750 750 750 . SITE DEPTH AVERAGE: Determined by dividing the site are~ by the site ~idth. "SITE WIDTH= As defined by the Collier County Zoning Ordinance. SBH: (Sum of Building Heights): 'combined height of two adjacent ~-[ldings for the purpose off determining setback requirements. Setback From Lakes: zero (0) feet providing architectural bank · ~reatment incorporated into design, otherwise 15 feet. · 1 P - perimeter sites GCRO - Golf Course/Recreation/Open Space ~:: Sites. ~ wILSON ~ MILL£R · BARTON & PEEK. INC. ~ '" SECTION V ./ GOLF COURSE, CLUBHOUSE, RECREATION AND OPEN SPACE " ' S. 1 PURPOSE The purpose of this Section "is to set forth the regulations ... - .....for the areas designated on Exhibit 'A' P.U.D. ~aster Plan as ' "-golf course, recreation,.or open space. 5.2 PERHITTED USES?~ND 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 other than the following= ~ A. Permitted Principal Uses and StrUctures j./. , 1) Golf Course .. '.: 2) Water management facilities and essential services. : " 3) Open space recreational activities and uses.. ~... 4) Clubhouses, pro-shop, practice driving range, health ~. club, spa, and other customary uses of golf courses ~it;' and recreational facilities, both indoor and outdoor, ~' including maintenance area. "-:' B. Permitted Accesso'r~ Uses and Structures ' Accessory uses and Structures "customarily associated with · , the principal uses permitted in this district including ~'t but not limited to~ : ~. 1) Small commercial establishments, including gift : shops, golf equipment :sales, restaurants~ cocktail : lounges, and similar uses, :intended to serve patr6ns of the golf course or other permitted recreational facilities. 5.3 ~EV~LOP~ENT STANDARDS :. ~ " ,.! : : A. Overall site design shall be harmonious in terms oflandscaping, enclosure of structures, location of access streets and parking areas and location and treatment of :' buffer areas. ,, B. Buildings shall *be set back a minimum of twenty five (25) feet from roadway and residentihl tract boundaries. C. Lighting facilities shall be arranged in 'a manner which will protect roadways, and neighboring properties from direct glare or other interference. :.j:.*. D.. Maxkmum Height of Structures: Fifty (50) feet ' Z. ~inim~'dist~ance between principal structur%e, Fifteen (15) feet F. Setback from lakest Zero (0) feet providing architectural bank treatment is incorporated into design, otherwis~ ~ fifteen (15) feet. G. Minimum standards for parking, landscaping and lighting, shall be in accordance with applicable Collier County regulations in effect at the time permits are sought. Lighting facilities shall be arranged in a manner which z. will protect neighboring properties from direct.glare or ?~!~; other interference. H. 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 major entrance to the clubhouse or golf course not.to exceed one hundred and ~. · fifty (150) square feet per entrance. Maximum height, twenty-five feet (25'). A minimum front setback of five feet (5') shall, be .provided if the project ~.!* identification signs are free standing. 5-2 .?~ IN('. .' SECTION VI ..'. ;~ COI~IERCIAL DEVELOPMENT REGULATIONS 6.1 PURPOSE ' The purpose of this Section is to set forth the regulations for the areas~.designated on Exhibit 'A', P.U.D. Master Plan 6.2 PERHITTED USES AND STRUCTURES NO building or structure, or part thereof, shall be erected, altered, or used., or land or water ~sed, in whole or in part, for'other than the following= · '.. ~A. Permitted Principal Uses and Structures= ,,-' 1) Antique Shops · . 2) Appliance Stores '. ~'. 3) Art Studios " 4) Art 'Supplies ' 5) Automobile Service Stations 6) Bakery Shops (including baking incidental to retail ':' or wholesale sales) 7) Banks (branch or main office), and Financial Institutions: : : 8) Barber and Beauty Shops , 9) Bath Supply stores ., 10) Bicycle Sales and Services 11) Book Stores ~,~ 12) Child Care Centers · -: 13) Clothing Stores :~ '~ 14) Cocktail Lounges .?, : 15) Commercial Recreation (~ndoor) 16) Confectionery and Candy Stores .,, , 17) Delicatessen; Drug Stores; Dry Cleaning Shops; Dry Goods Stores and Department Stores : 18) Electric Supply Stores ~ : 19) Fish Stores; Florist Shops; Food 'Markets; Furniture Stores; Furrier Shops and Fast Food Restaurants ' ':? 20) Gift Shops, Gourmet Shops 21) Hardware Stores; Health Food Stores~ Hobby Supply Stores " 22) Ice Cream Stores; Ice Sales; Interior Decorating Showrooms B~RTON & PEEK. INC. 23} Oewelc¥ Stores · ... 24) Laundries, Leather Goods, and Luggage :.=. Locksmiths and Liquor'Stores. · --' 25) Meat Rarket; Radical Of£1ce or Clinic for Human Care! Millinery Shops~ Motion Picture Theater~ ~usic Stores 26).Office.(Retail or Professional); Office Supply · 27) Pain~ 'and ~allpaper Stores; Pet Shops; Pet Supply 28) Radio and Television Sales Segvice~ Small Appliance ~:-:- *Stores; Shoe Sales and Repairs~ Restaurants 29) Stationery Stores; Shoppin9 Cen~ers~ Supermarkets 30) Tailor Shops~ Tobacco Shops~ Toy Shops; Tropical Fish Stores 31) Variety Stores~ Veterinary Offices and Clinics (no outside kennelin~.) 32) ~atch and Precision Instrument Sales and Repair 33) Any other commercial use or professional sarvica which is comparable in nature with the fore~oinq uses and *~hich the Zonin9 Director determ£nes to be compatible in the district. Pegmitted Accessogy Uses and 1) Accessog¥ uses and structures in accordance Section 8.10a of the Zonin9 Ordinance, cus~omarlZ¥ associated vith.the uses permitted in this district. Accessory uses and st£uctures in accordance ~i'th Section 8.10b of the Zonin~.Ordinance are sub~ect Site Development Plan approval, in accordance ~ith Section .10.5 of the'Zoning Ordinance. 2) Caretaker's residence. DL~ELOPHENT STANDARDS Hinimum' .Slbe Area~ To be determine~ at the time' ~rac~ional~zation of tracts £n accogdanc~ith Section 3.2 of bhis document° *, ~lnimum Site ~idth: To be determined at the time fractionalization of tracts in accordance vit~ Section 3.2 of this document. ~inimum Yard Requirements~ l) 'FrOnt yard - Eifteen feet (15') ~ithin. ~hich no parkin9 * shall be allo~ed nor any ~erchand~se s~ored or displayed. kARTON & PEEK. INC. 2) Side yard - None, or a minimum of,five feet (5.~) with ~' unbbstructed passage from front yard to rear yard. ::- , .)) Rear yard - fifteen feet (.15') except when abutting .... · a residentially zoned parcel~. .' -~:"..~ 4) Any yard abutting a ~esidentially zoned parcel - ~ fifty feet D} Maximum Height of Structures= Thirty five feet (35') i'.i...:'::, E} Minimum Fl~or Area of Structu£~'s= 1,000 square feet per building on the ground floor. F) Distance Between Structures= Same as for side yard %:t:.' setback.. .. G) Minimum standards for parking, landscaping and lighting, ~ shall be in accordance with applicable Collier County regulations in effect at the time permits are sought. Lighting facilities shall be arranged in a manner which will protect neighboring properties from direct glare other interfe~ence. .. H} A site development plan shall be submitted for review and approval by Collier County, in accordance with Section 10.5 of the Collier County Zoning Ordinance. 1) Individual Business signs~ '' Wall and marquee signs-total of two per unit with an · ' area not more than twenty percent (20%) of the ..~ total square footage of the front wall or facade '>"' with a maximum of 250 square feet. For corner end ,.~ units, two signs may"be permitted, provided the i~:': total aggregated area does not exceed 250 square ~;~:.... feet. Hanging sign-one per unit, below the canopy . .. of the .shopping center, with a maximum area ~ twelve (12) square feet. 2) Out Parcel Signs= Wall and marquee signs-two per out parcel, each sign 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 250 square feet per sign, OR one wall/marquee sign (same size as permitted abo~-20% ,. With maximum of 250 square feet) and one 6-3 ~ MIU..ER · BARTON & PEE~ INC. ' free-standing, on-premise sign'per out parcel ~th a maximum size of one hundred (100).square feet. .. Maximum height of free-standing s~gn is twenty-five feet (25'). Minimum front setback for free-standing ~.~' sign is five feet (5'). Project Identification '" Two project identification signs, each not to exceed two hundred and fifty (250) square feet~ and one project identification sign at each major entrance .,.. to the shopping center not 'to exceed'one hundred and fifty (150) square feet per entrance. Maximum height, twenty-five feet (25'). A minimum front ~... setback of five (5') shall be provided if the ~.~.-' project identification signs are free-standing. .... ' 4) Additional Design Requirementsz "~ Additional guidelines which are more stringent than ~: those Contained in the sign ordinance in e£fect 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. ,. ~) Development of Coeuae~cial iii' Once the infrastructure for thirty percent (30%) of the project lands (Approx. 10~.7+. acres) has co~enced construction, development of th~ co~u~ercial tract shall ' , be allowed. By request of the Developer,. development can ?.? commence at the inception of. the project prior to ;' constructing the infrastructure for thirty percent (30%) of the project lands if authorization is granted by the Board of.County Commissioners in an adv~rtised public. ).~ hearing. ~ .:,. ,. .!t' 6-4 . . .. · MILLER · BARTON & PEEK, INC. ~ SECTION VII COMMUNITY USE DEVELOPMENT REGULATIONS 7.1 PURPOSE The purpose of this Section is to :set forth the regulations for the areas designated on Exhibit 'A', P.U.D. Haster Plan as community use. 7.2 PERMITTED USES AND STRUCTURES No building or ~tructure, or part ~hereof, Shall be erected, .altered, or used, or land or water used, in whole or in part, 'for other than the following: A. Permitted Principal Uses and Structures= 1) Twenty-four hour emergency services with transporta- tion.' 2) Twenty-three hour observation unit 3) Acute care beds 4} Obstetrical services/birthing center. S) Professional medical related offices. 6) Any other community use ot service which is comparable in nature with the ~oregoing uses and which the Planning Services ~anager determines to be. compatible in the district. B. Permitted Accessory Uses and Structures= ~ l) Accessory uses and structures customa,~ly associated' : with the uses permitted in this district. DEVELOPMENT STANDARDS A. Minimum Site Area: :To be determined at the time iractionalization of tracts in accordance with Section ~.2 of this document. B. Minimum Site Width= To be determined at the time fractionalization of tracts in accordance wi'th Section ~,2 of this document. 7-1 : ~RTO~ & PE£K. INC. . C. Minimum Yard Requirements:' .. · 1) r~ont ·yard - .Fifteen feet (15") within Which no ' : parking shall be allowed nor any merchandise stored ,~. : .... . or displayed. '2) Side yard - None, or a mi'nimum of five. feet (5') with unobstructed passage from front yard to rear yard. ~-~ 3) Rear yard - fifteen feet (15'). .i; o~- ~aX~m'um H~ght of Structures: fifty feet (50') .B..Minimum Floor Area of Structures: 1,000 square feet per '" building on the ground floor. F. Distance Between Structures= Same as for side..yard :.~ ' setback. r,~, G. M~nimum standards for parking, landscaping and lighting, shall be in accordance with applicable Collier County ~.~.~. regulations in effect at the time permits are'sought. ~' Lighting facilities shall be arranged in' a manner which ~;.:. will protect neighboring properties from direct glare or .. other interference. ~::. H. A site development plan shall be submitted for review and approval by Collier County, in accordance with Section 10.5 of the Collier County Zoning Ordinance. I. P~oject Ide~tification Signs: Two. project identification Signs, each not to exceed two .~!.. hundred and 'fifty (250) square feet; and one project identl~ication sign at each maJo~ entrance to the community, use tract not to exceed one hundred and fifty. ~.:i' (150) square feet per entrance. Maximum height, twenty-five feet (25'). A minimum front yard setback of ::",-.. five feet (5') shall be provided if the project identification signs are free-standing. 7-2 BARTON A PEEK. INC. , SECTION VIII .. ' GENERAL DEVELOPMENT COMMITMENTS :.. 8 · 1 PURPOSE ,.' The purpose of this Section is to set'forth the general commitments for development of the project. 8.2 P.U.D. RASTER P~/AN A. The P.U.D. Master Plan (Wilson, Miller, Barton, Soll& Peak, Inc. Drawing File No. RI-165, Exhibit 'A') is an iljustrative preliminary development plan. B. The design criteria and layout :iljustrated on the Master Plan and the exhibits supporting this project shall be understood as flexible so that the final design may satisfy the project and comply with all applicable requirements. Acreages shown on the P.U.D. Master Plan are approximate and changes to accommodate final engineering plans shall be approved in accordance with Section 3.3 of' this document. C. Master Plan design changes shall be permitted subject to County staff administrative approval, when such changes are consistent with the intent of this project. D. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. SOLID WASTE DISPOSAL Arrangements and agreements shall"be with the approved solid waste disposal service to provide for solid waste collection :~ ' ~ = service to all areas of the project. . · 8.4 TRAFFIC IMPROVEMENTS ~.?? :~ .. : A. The Elor~da Department of Transportation is currently: :~" planning improvements to S.R. 29 along with th~ intersection of' S.R. 29 and New Market Road.' Since the project access points along S.R. 29 may be within the areas designated for future improvement, all access points shall be coordinated with and subject to FDOT approval. Where access points are approved, access shall incorporate appropriate left and right turn lanes on S.R. 29 and appropriate turning movement controls along the access roads. The major access points on S.R. 29 shall provide for arterial level street lighting and should such access points warrant signalization in the future, .v,- 8-1 045.,, ,313 · MILLE · BARTON & PEEr,, INC. the developer shall provide a fair. share contribution toward the 'capital cost. of traffic signals at the project entrances on S.R. 29. The signals, upon installation, .would be 6wried, operated, and maintained by Collier County. 'B, · Additional project access is proposed from Madison Avenue,. Lee Street, and New Narket. Road. Since traffic movements on these roads may substantially increase and/or ~url't '-in chan~es to traffic patterns, the -developer shall assist the County Transportation Department in implementing any changes to traffic control devices due to the proposed development. An example of a traffic pattern change may be the establishment of a four-way STOP at the intersection of Lee Street and Madison Avenue. Should the above changes in traffic patterns warrant a signal installation or flashing beacon at New Market and Lee Street, the developer shall provide a fair share contribution toward the capital cost of tbs improvements. C~ All traffic control devices used, excluding street name signs, shall, conform with the Manual On Uniform Traffic Control Devices (Chapter 316.0747, Florida Statutes). D. These improvements are considered "s~te related" as defined in Ordinance 85-55 and shall not be applied as credkts ' toward any impact fees required by that ordinance. El Sidewalks shall be ·provided on both sides of the lobp road connecting S.R. 29 and Lee Street. Sidewalks shall 'be provided on at least one side of the internal "loop" road and all other roads over 1,000' in length. F. The 'proJect'will comply with the Growth Management Plan's adopted strategies for dealing wi.th level of service issues on 'State Roads. 8.5 .UTILITIES '. A. .Telephone, power, and T.V. cable service '~shall be made avkilable, to the project. All 'such utility lines shall be installed underground. B. Central water supply and wastewater collection' systems shall be incorporated into this development. A letter shall be obtained from the Immokalee Utilities, Inc. approving the extension of water lines prior to site 'development. · MILLER*R^RTON&PEEK. INC. ..i~:':. wATER. ~L~NAGEMENT A. Detailed site drainage plans shal! be submitted to the i;~;' County Engineer for review. No construction permits shall be .: issued unless and until approval of the proposed construction in .accordance with the submitted plans is granted by the · county Engineer~= ' '~' B..: An Excavation Permit will be r~quired for the proposed ' ' lakes in:accordance with Collier County Ordinance No. 80-26, :k.:. as amended by Ordinance No. 83-3, and as may be amended in the future. " C. A 20 ft. wide strip of land along the:Madison Avenue f~ontage east of the weir control structure to the easterly limit of Petitioner's property ownership shall be dedicated as · a drainage easement for road swale widening and maintenance purposes. Petitioner shall upgrade the project outfall, as ~. necessary, to the railroad drainage canal to accommodate. design discharges. A. Petitioner shall be subject to Ordinance 75-21 [or the tree/vegetation removal ordinance in existence at the time of ~'~ permitting], requiring the acquisition of a tree removal : permit prior to any land clearing. A site clearing plan shall : be submitted to ProJec~ Review Services and the Community Development Services Division for their review and approval prior to any substantial work on the site. This plan may be ! submitted in phases to coincide with the development 'schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum h:.: .extent possible and how roads, bui:ldings, lakes, parking lots, and other facilities have been oriented to accommodate thi:s : goal. ~.~ :B. Native species shall be utilized, where available, to the maximum extent possible in the site landscapin~ design. A !/' : landscaping plan will be submitted to Project Review Services and: the Community Development Services Division for their :~:[!' review and approval. This plan will depict the incorporation of native species and their, mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site '~i'.. during construction. C. All exotic plants, as.defined in the County Code,.shall be .t. removed during each phase of construction.from, development areas, open space areas, and preserve areas. Following site :.'~ ~ deyelopment 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 Project Review · Services and the Community Development Services Division. ~... D. If during -.the course of site clearing, excavation, or other constructional activities, . an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped ?!. and Project Review Services notified. Development will be ~; suspended for a sufficient length of time to enable Project Review Services or a designated consultant to assess the find · and determine the proper course of action in regard to its s.alvggeability. 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. .:'~," ~. The freshwater marsh community Just east of the center of the property' shall be preserved. The boundaries of this ~' ~etland habitat, shall be flagged by the petitioner, and subject to the review and approval of Project'Review Services. Areas around the periphery of the marsh may be excavated.to allow for a proposed retention lake, provided that a corridor .' from the island marsh habitat across the peripheral l~ke area ~ is maintained. This corridor would provide for wildlife access to the wetlands community. F. The low hammock islands in the wetlands areas shall, where feasible, be incorporated into the landscape element of the proposed development. · G. A. minimum of clearing shall be permitted in the scrub oak area near' the northern property corner. Only narrow corridors shall be cleared to allow for recreational open space areas. 'No lakes shall be located within the scrub oak area. Oaks A,, 'which are removed from within this habi~at~ shall, where' ~.:: feasible, be transplanted around the periphery of the oak area. If a scrub Jay nesting area is located within a - " proposed recreational corridor, apppropriate measures shall be taken to relocate the corridor to accommodate the nesting area. The boundaries of this xeric habitat shall be fenced L' prior to development to protect the area from unnecessary construction disturbances. 8-4 · MILLER · RARTO.~ & PEEK. INC. B. Littoral zones of lakes shall maintain.a slope of 1=4 .to a depth of 4 feet. The slope of lake shores adjacent to thq oak scrub area (northern property corner) shall be implemented in this area to prevent destabilization of sensitive, habitats. All littoral zones shall be revegetated with native aguatic species,, and the encroachment of exotic vegetation in these areas shall be controlled? I. Existing native 'vegetation in the proposed "rough" areas of the golf course shall be conserved in place, where proper design of golf course permits. The site clearing plan for the PUD shall incorporate as much of the existing· native habitat .as ~easible into the' development. In addition to those areas specified in stipulations 8.7E., F., O., and I., of this document special attention shall be direCted to the preservation of native vegetation in the proposed commercial and community use tracts, where remnant oak assemblages and pine communities exist. K. · .The petitione'r shall arrange for a gopher tortoise survey to be completed by knowledgeable personnel, and the. necessary procedures for gopher tortoise relocation.(rlorida Game a~d Freshwater Fish Commission) shall be followed in the event a gopher tortoise is found. · ~. The petitioner shall, where feasible, maintain individual oak trees in their existing locations, or transplant and incorporate the trees into the landscape element of the development. a Rn archaeological review shall'be made prior to any ma~or .develoPment on site. 8.8 Fire Protection R. The proJ'ect development shall comply with all applicable fire codes and regulations. Fire hydrants shall.be installed in accordance with current regulations 'at the time of construction. B. Prior to issuance of building permits for three story buildings, provision of adequate fire protection shall be verified with the Fire District. 8-5 STATE OF FLORIDA ) ~ ~ COUNTY OF COLLIER ) ~ .~.! I, JAMES C. GIL~S, Clark of Courts tn and for ~he* T'*entlath ~udtctal Circuit, Collier County, Florida, do · hereby certify that the foregoing Is a true copy of: Ordinance No. 91-73 *i~:*~ which wee adopted by the Board of County Commissioners on the 12th day of August, 1991, durinG Special Session. }i. ' WITNESS my hand and the official see/ of the Board of ,.' Co~r~t¥ Co~lsstonera of Collier County, Flortda~ this 15th d~y of Aufjust, 1991. }. Clerk.of Courts and Clerk*'' .~'"" Ex-officio to Board of . ..~. Maureen Kenyon .. " Deputy Clerk ....