Ordinance 91-109 ORDINANCE 91-109
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102 THE COLLIER COUNTY LAND
~_~ DEVELOPMENT CODE WHICH INCLUDES THE
~ COMPREHENSIVE ZONING REGULATIONS FOR THE
~i UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA AND AMENDING THE OFFICIAL ZONING
~~ ~! ATLAS MAP NUMBERED 9514N BY CHANGING THE
~F~<~. ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO
'~ .... PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
THE FALLS OF NAPLES, FOR PROPERTY LOCATED
ON THE SOUTHWEST CORNER OF
AIRPORT-PULLING ROAD AND PINE RIDGE ROAD,
IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 35.4 ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 82-18, THE
FORMER FALLS OF NAPLES PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Michael Fernandez of Agnoli, Barber and
Brundage, Inc., representing William Schweikhardt as Trustee,
for the Falls 89 Limited Partnership/The Falls, Ltd.,
petitioned the Board of County Commissioners to change the
zoning classification of the herein described real property;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
The Zoning Classification of the herein described real
[,roperty located in Section 14, Township 49 South, Range 25
East, Collier County, Florida, is changed from "PUD" to "PUD"
Planned Unit Development in accordance with the PUD document,
attached hereto as Exhibit "A" which is incorporated herein
and by reference made part hereof. The Official Zoning Atlas
~ap Numbered 9514N, as described in Ordinance Number 91-102,
the Collier County Land Development Code, is hereby amended
accordingly.
~ECTION TWO:
Ordinance Number 82-62, known as the The Falls of Naples
PUD, adopted on July 27, 1982 by the Board of County
C:~iss~oners of Collier County is hereby repealed in
entirety.
-1-
~ECTION THREE:
This Ordinance shall become effective upon receipt of
notice trom the Secretary of State that this Ordinance has
Deen filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this /7~day of
A~?EST: BOARD OF COUNTY COMMISSIONERS
J~ES C."~LES, Clerk COLLIER COUNTY, FLORIDA
'/".J i': - PATRICIA ANNE GOODNIGHT, CHAIRMAN
Approved as to form and
le¢I~l st't~ficiency
~c--'-~v ~ , Ct .ce *ho
Mar~e ~.&tbdent amd ack,,owledc:ement Of that
filinoreceived~his--~q~'r~-day
Assistant County Attorney
PUD-91-10 ORDINANCE
nb/6241
-2-
THE FALLS OF NAPLES
A
PLANNED UNIT DEVELOPNENT
PREPARED FOR:
THE FALLS LTD.
PREPARED BY:
AGNOLI, BARBER & BRUNDAGE, INC.
7400 TAMIAMI TRAIL NORTH
NAPLES, FLORIDA 33963
(813) 597-3111
AND
WOODWARD, PIRES AND ANDERSQN, P.A.
801 LAUREL OAK DRIVE
NAPLES, FLORIDA 33963
(813)566-3131
draft date 12-19-91
DATE REVIEWED BY CCPC__ll-21-91__
DATE APPROVED BY BCC 12-17-91
ORDINANCE NUMBER__--PUD-91-10--9----
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLE
SHORT TITLE iii
S~ATEMENT OF INTENT iii
STATEMENT OF COMPLIANCE iv
SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1-1
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III COMMERCIAL AREAS PLAN 3-1
SE2TION IV DEVELOPMENT COMMITMENTS 4-1
}'ALL. P3/D 2
108
LIST OF EXHIBITS AND TABLES
EXHIBIT "A" PUD Master Plan 5-1
ii
A: FALL. P3/D 3
SHORT TITLE
THis Ordinance shall be known and cited as the "The Falls of
N~ples Planned Unit Development Ordinance."
STATEMENT OF INTENT
Ti~e purpose of this Statement is to express the intent of the
o~ner(s), Falls 89 Limited Partnership and William Schweikhardt,
T:~ustee, to commence development of a commercial Activity Center
Pi[anne~ Unit Development (PUD). It is the intent of Falls 89
L~.mited Partnership and William Schweikhardt, Trustee, to con-
t~.nue the development of architecturally unified commercial es-
tablishments built on the project site and on the concept of ar-
rangement and unified control. The unified development approval
under the PUD district designation will ensure that the shopping
cE~nter ts aesthetically pleasing and functionally efficient. It
will allow an efficient pattern of internal circulation to be es-
t~bltshed with limited points of vehicular ingress add egress.
These functional and aesthetic advantages, which cannot be
provided In the conventional strip commercial development con-
figurations, have been maximized and shall be sustained in the
a[.prova] of this Planned Unit Development.
T~e Planned Unit Development shall be limited to specific commer-
cial uses which are compatible and inter-related to the business
o~.erations of a community shopping center. It is the intent of
Falls 89 Limited Partnership and William Schweikhardt, Trustee,
t¢ continue development in accordance with the regulations of
this Planned Unit Development. It is the purpose of this docu-
ment to set forth the complete plan, regulations, and conditions
of development along with other information required in accor-
dance with the PUD Ordinance.
A:FALL.P3/D ~ 4
STATEMENT OF COMPLIANCE
~he development of approximately 35 acres of property in Collier
County, as a Planned Unit Development to be known as The Falls of
Naples, will be in compliance with the planning goals and objec-
tives of Collier County as set forth in the Growth Management
Plan. This compliance includes:
Activity Center Project
1. The subject property is located in an area identified as an
Activity Center in the Growth Management Plan for Collier
County.
2. Activity Centers are the preferred locations for the
concentration of commercial and development activities that
contain a mixture of uses.
3. The subject tract is located on the southwest corner of the
Airport-Pulling Road (CR-31) and Pine Ridge Road (CR-896)
intersection. This strategic location allows the site supe-
rior access for the placement of commercial activities.
4. The project is in compliance with all applicable County
regulations including the Growth Management Plan.
5. The project will be served by a complete range of services
and utilities as approved by the County and/or the City of
Naples.
6. The project is compatible with adjacent land uses through
the internal arrangement of structures, tile placement of
land use buffers, and the proposed development standards
contained herein.
7. The Planned Unit Development includes open spaces and
naturalized open features which serve as project amenities.
8. Ail final local development orders for this project are
subject to the Adequate Public Facilities Ordinance.
~.7. A: FALL.P3/D ' 5
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
].. 1 P__URPOSE
The purpose of this Section is to set forth thc location and
ownership of the property, and to describe the existing
conditions of the property proposed to be developed under
the project name of The Falls of Naples.
1..2 LEGAL DESCRIPTION
The Northeast 1/4 of the Northeast 1/4 of Section 14,
Township 49 South, Range 25 East, Collier County. LESS
therefrom the North 50 feet thereof and the East 100 feet
thereof, previously conveyed for road Right-of-Way, and sub-
Ject to an Easement to Florida Power and Light Company dated
December 9, 1985 and subject to a road right-of-way easement
to Collier County dated 7/31/81 and recorded in Official
Record Book 960, Page 170.
]..3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of
Falls 89 Limited Partnership and William Schweikhardt,
Trustee, and under the unified control of The Falls Ltd. as
contract purchaser.
] .4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located in the Northeast 1/4 of the
Northeast 1/4 of Section 14, Township 49 South, Range
25 East, Collier County. LESS therefrom the North 50
feet thereof and the East 100 feet thereof, previously
conveyed for road Right-of-Way, and subject to an Ease-
ment to Florida Power and Light Company dated December
9, 1985 and subject to a road right-of-way easement t9
Collier County dated 7/31/81 and recorded in Official
Record Book 960, Page 170.
The site is currently vacant.
B. The zoning classification of the subject property prior
to the date of this approved PUD Document was PLrD; The
Falls of Naples Planned Unit Ordinance, Collier County
Ordinance 82-62.
1-1
A :FALL. P3/D 6
H sic L DESCRIPTION
The drainage of the unimproved site is generally from the
northeast to the southwest, very slow surIace run-off or
ponded, through the Naples Bath and Tennis Club development.
Water Management for the proposed project is planned to be
via wet detention lakes. Water from impervious areas such
as parking and buildings will drain to the lakes via storm-
sewer pipes, flumes and swales. The lakes will interconnect
and will discharge via a weir and pipe structure to a storm
sewer system to the Naples Bath and Tennis development's
water management system.
Elevations within the project site are approximately ten
(10) feet NGVD. The site is level or nearly level. Fur-
ther, the depths to bedrock in the area varies from 5 to 10
feet deep. All of the site is in Flood Zone "x"; area of
500 year flood, according to Firm Map 0385D of 1125.
The soil types on the site include Ochopee fine sandy marl,
shallow phase - Cypress (Ob) and Keri fine sand (Kb). Soil
types were derived from the Soil Survey of Collier County,
Florida, issued by the U.S. Department of Agriculture (Soil
Conservation Service).
1.6 PROJECT DESCRIPTION
The project will include a high quality community shopping
center, appropriate landscaping, parking, common areas, and
· water management facilities, on approximately 32.5 acres
after the conveyance of 2.5 acres of right-of-way. : The cen-
ter shall have a maximum of 280,000 gross square feet of
commercial development.
, ?
'~'. A~FALL.P3/D 7
SECTION I!
P~O3£CT DEVELOPHENT ~EOUI~£HENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally
describe the project plan of development, relationships to
applicable County ordinances, the respective land uses of
the tracts included in the project, as well as other project
relationships.
2.:! GENERAL
A. Regulations, requirements and references for develop-
ment of "The Falls of Naples" shall be in accordance
with the contents of this document. Where these regula-
tions of this document fail to provide development
standards, then the provisions of the most similar dis-
trict of the Collier County Land Development Code shall
apply.
B. Unless otherwise noted, the definitions of all terms
shall be the same as the definitions set forth in Col-
lier County Land Development Code.
C. Ail conditions imposed and all graphic material
presented depicting restrictions for the development of
The Falls of Naples shall become part of the regula-
tions which govern the manner in which the PUD site may
be developed.
D. Unless specifically waived through variance or waiver
provisions, the provisions of thosu applicable regula-
tions not otherwise provided for in this PUD remain in
full force and effect.
E. Development permitted by the approval of this petition
will be subject to a review under the provisions of the
Adequate Public Facilities Ordinance No. 90-24.
2.3 DESCRIPTION OF PROJECT pLAN AND PROPQSED LAND USES
A. The project Master Plan is iljustrated graphically by
Exhibit "A", PUD Master Development Plan. There are two
general commercial land use tracts, plus necessary
water management lakes and common private
ingress/egress and parking, the general configuration
of which is iljustrated by Exhibit "A". Two multi-lot
commercia~ tracts shall be designed within the project
to provide development flexibility. The individual lake
tracts have been developed to afford ease of associa-
tion administration.
TABLE
TYPE ~OUARE FEET A~REA~E
TRACT "A"
Lake 1.20
TRACT "B"
Shopping Center
Commercial/Of lice 3.30
TRACT "C1/C2"
Private Road 1.02
TRACT "D"
Shopping Center
Commercial/Of fice 24.20
TRACT "E"
Lake 3.16
TOTAL 280,000 32.88
Right-of-way 2.48
(to be dedicated or conveyed)
2-2
:50 115
Table I is a schedule of the intended land uses, with
the approximate acreage of the total project indicated.
The arrangement of these land areas are shown on the
PUD Master Development Plan (Exhibit "A"). The Master
Development Plan is an iljustrative preliminary
development plan. Design criteria and layout is il-
justrative on the Master Development Plan and other ex-
hibits supporting this Project.
B. Areas iljustrated as lakes by Exhibit "A" shall be con-
structed as lakes or, upon approval, parts thereof may
be constructed as shallow, dry depressions for water
detention purposes. Such areas, lakes and dry areas
shall be in the same general configuration and contain
the same general acreage as shown by Exhibit "A".
C. Minor changes to the Master Plan shall be subject to
the provisions of Section 2.7.3.5, Division 2.7, Ar-
ticle 2 of the Collier County Land Development Code.
The final size of the open space lands will depend on
the actual requirements for drive patterns, parking
layout and requirements, and development parcel size
and configuration.
D. In addition to the various areas and specific items
shown in Exhibit "A", such utility and other easements
as necessary shall be established within or along the
various tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of 280,000 gross square feet of commercial
development shall be constructed in the total project area.
A maximum of 36,000 gross square feet of this amount may be
developed within the northeastern Commercial Quadrant.
The gross project area is approximately 32.5 acres with 2.5
acres to be conveyed to Collier County as road right-of-way.
The gross project density, therefore, will be a maximum of
8,800 square feet per acre.or a FAR (floor area ratio) of
0.20.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Plat, for all or part of
the PUD, final plans of all required improvements shall
receive approval of the appropriate Collier County
governmental agency to insure compliance with the PUD
and the Collier County Land Development Code.
2-3
A: FALL. P3/D 10
' B. Exhibit "A", PUD Master Plan, constitutes the required
~ PUD Development Plan. Subsequent to or concurrent with
PUD approval, a preliminary subdivision plat, if ap-
plicable, shall be submitted for the entire area
covered by the PUD Master Plan. Any division of
property and the development of the land shall be in
compliance with the Collier County Land Development
Code and the platting laws of the State of Florida.
C. The provisions of Division 3.3, Article 3 of the Col-
lier County Land Development Code when applicable,
shall apply to the development of all platted tracts,
or parcels of land as provided in said Division 3.3.
D. Appropriate instruments will be provided at the ~lme of
infrastructure improvements regarding any dedications
and method for providing perpetual maintenance of com-
mon facilities.
E. The development of any tract contemplating fee simple
ownership of land shall be required to submit and
receive approval of a Preliminary Subdivision Plat in
conformance with requirements of Division 3.2, Article
3, of the Collier County Land Development Code, prior
to the submittal of construction plans and plat for any
portion of the tract or parcel.
F. Final plat shall reflect access to all tracts.
G. Actual lot, parcel or tract lines for individual uses
may vary at the time actual plans are submitted for
development to accommodate needs of owners, tenants and
businesses within the project. Such variations may be
accomplished through changes or revisions to the ap-
proved preliminary subdivision plat and shall not be
deemed an amendment to this PUD document or any of its
exhibits, attachments or plans and any such variation
or modification shall not require any amendment to this
PUD document or any of its exhibits, attachments or
plans so long as the changes do not significantly
deviate from the Conceptual Shopping Center Master
Plan, exhibit A to the preliminary subdivision plat,
unless such changes are of the type described in Sub-
section 2.7.3.5 of the Land Development Code.
H. The developer or subsequent owner of any platted parcel
or platted tract shall, prior to application for a
building permit, submit a Site Development Plan (SDP)
or Preliminary Subdivision Plat for that tract or par-
cel to the Development Services Department for approval
for applicable development subject to the provisions of
Division 3.3, Article 3 of the Collier County Land
Development Code.
I. Consistent with the provisions for preliminary subdivi-
sion plats contained within the Collier County Land
Development Code, the attached PUD Master Plan need not
be amended or revised if there are any changes, revi-
sions or amendments to the approved preliminary sub-
division plat other than those requiring a PUD amend-
ment pursuant to Subsection 2.7.3.5 of the Land
Development Code.
2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Section
2.7.3.5, Division 2.7, Article 2 of the Collier County Land
Development Code.
2.7 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL
As provided for within Section 2.7.3.4, Division 2.7, Ar-
ticle 2 of the Collier County Land Development Code.
2.8 POLLING PLACES
As provided for in Section 3.2.8.3.14, Division 3.2; Article
· 3 of the Collier County Land Development Code.
2.9 PUD MONITORING
An annual monitoring report shall be submitted pursuant to
Section 2.7.3.6, Division 2.7, Article 2 of the Collier
County Land Development Code.
SECTION III
COMMUNITY SHOPPING CENTER PLAN
~.1 PURPOSE
The purpose of this Section is to identify the type of Com-
mercial Uses and development standards that will be applied
to the area so designated on Exhibit "A".
3.2 DEVELOPMENT EMPHASIS
A community shopping center development having a maximum of
280,000 sq. ft. of commercial development on approximately
35 acres, inclusive of associated lake tracts and private
road tract for access and land to be conveyed as public
right-of-way.
3.3 USES PERMI.TTED
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) Any generally recognized retail business, service
establishment, and general and professional of-
rices, including but not limited to:
a. Antique shops; appliance stores; art~studios;
art supplies; automobile parts stores;
automobile rental; automobile service sta-
tions - fuel dispensing only; automobile
and lube stations.
b. Bakery shops (including baking incidental to
retail); banks (branch or main office) and
financial Institutions; barber and beauty
shops; bath supply stores; blue print shops;
bicycle sales and services; book stores.
c. Car wash, carpet and floor covering sales
(Including storage and installation) child
care centers; clothing stores; cocktail
lounges; confectionery and candy stores and
commercial schools.
3-1
. A: FALL. P3/D 13
,,
119
d. Delicatessen; drug stores; dry cleaning
shops; dry goods stores and department
stores
e. Electrical supply stores.
f. Fish stores; florist shops; food markets;
furniture stores; furrier shops and fast food
restaurants.
g. Gift shops; grocery stores; gourmet shops.
h. Hardware stores; health food stores; health
clubs; hob'Dy supply stores.
i. Ice cream stores; ice sales; interior
decorating showrooms; indoor recreational
uses.
" J. Jewelry stores.
k. Laundries - self-service; leather goods and
luggage stores; locksmiths and liquor stores.
1. Meat market; medical office or clinic for
human care; millinery shops; motion picture
theaters, museums; music stores; and night
clubs.
m. Office (retail or professional); office
supply stores.
n. Paint and wallpaper stores; pet shops; pet
supply stores; photographic equipment stores;
post office.
o. Radio and television sales and service; radio
stations (offices & studios) and auxiliary
transmitters and receiving equipment; small
appliance stores; shoe sales and repairs;
restaurants, with and without drive through
facilities.
p. Souvenir stores; stationery stores; shopping
centers; and supermarkets.
i q. Tailor shops; tobacco shops; toy shops;
tropical fish stores.
3-2
A:FALL.P3/D 14
r. Variety stores; veterinary offices and
clinics (no outside kenneling).
s. Watch and precision instrument sales and
repair.
t. Any other commercial use or professional
service which is comparable in nature with
the foregoing uses and which the Zoning
Director determines to be compatible in the
district.
(2) Planned or integrated commercial or shopping
centers including any of the above uses, which may
be comprised of separate buildings on a common
parcel of land.
B. Accessory Uses
(1) Accessory uses and structures customarily
associated with the uses permitted in this
District, including but not limited to:
a. Parking lots
b. Signs
c. Essential services
C. Permitted Conditional Uses and Structures
(1)Uses over 50 feet in height with a maximum
height of 100 feet
DEVELOPMENT STANDARDS
A. Minimum Yard Requirements
(1) From the property line abutting Pine Ridge Road
right-of-way line;
so eet.
(2) From the property 'line abutting Airport-Pulling
Road right-of-way;
50 feet.
(3) From the PUD's southern and perimeter property
line; bordering the Naples Bath and Tennis Club;
75 feet.
3 - 3
A:FALL.P3/D ' 15
.f
(4) From the PUD's western and perimeter property
~ line; adjacent to Woodshtre Drive;
"' 75 feet.
!' (5) Within 25 feet of any of the above property lines
(the PUD's perimeter) no parking or driveway, ex-
. cept for ingress and egress shall be allowed nor
· ~ any merchandise stored or displayed.
· > (6) Interior property lines, those not referenced
? above: at internal access roads or drives;
ten (10) feet,
all others; zero (0) feet.
~!~ (7) Minimum distance between principal structures;
Zero (0) feet, or 15 feet with unobstructed pas-
sage from front to rear.
(8) From a lake's control elevation;
~i' 20 feet.
~ B. Maximum'Height: 45 (forty-five) feet.
~' C. Minimum Off-Street Parking Requirement:
~'i Off-street parking spaces shall be determined based
upon the requirements of the Collier County Land
'~ Development Code provisions for shopping centers.
Should development proceed on the basis of separate fee
ownership of properties within The Falls of Naples PUD,
appropriate instruments shall be established and
provided to the County to provide that all vehicular
use areas are common to all of the business uses which
make up the total development of the Falls of Naples
PUD. The vehicular use areas shall be usable by all
owners, tenants, guests, licensees and invites of the
center. Such an instrument shall be duly recorded in
the official records of Collier County, without the
necessity of review or approval of the Collier County
Planning Commission or the Board of County Commis-
sioners. A copy of the. instrument shall be provided to
Development Ser%ices Prior to approval of the final
~ plat.
, D. Minimum Lot Area: 15,000 square feet.
E. Minimum Lot Frontage: 60 feet.
3-4
A:FALL.P3/D 16
122
F. Provisions for Off-Site Removal of Earthen Material:
The excavation of earthen material and its stock piling
in preparation of water management facilities or to
otherwise develop water bodies is hereby permitted. If
after consideration of fill activities on those buil-
dable portions of the project site and adjacent off-
site water management facility are such that there is a
surplus of earthen material then its off-site disposal
i ??~ is also hereby permitted subject to the following con-
ditions.
.~.~.~ 1. Excavation activities shall comply with the
~:~ definition of a "development excavation" pursuant
~ to Division 3.5, Article 3 of the Collier County
Land Development Code whereby off-site removal
~' shall be limited to 10% of the total, up to a max-
~. imum of 20,000 cubic yards.
~, 2. All other provisions of said Division 3.5 are ap-
· ~ plicable.
,.~ G. This Planned Unit Development Project shall be a com-
~. munity shopping center and as such shall have a minimum
of two tenants of national or state identity which
shall together have a minimum aggregate of 65,000 gross
square feet within the project. The first shall be
developed in the initial building permit for a building
within the principal shopping center area as depicted
.. on the shopping center master plan, which exceeds
25,000 square feet. The second shall be developed with
or prior to the development of final 100,000 square
feet of the 280,000 square foot center.
~,? . A: FALL.P3/D 17
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development
commitments for the development of the project.
4.2 GENERAL
All facilities shall' be constructed in strict accordance
with Final Site Development Plans, Preliminary Subdivision
Plats and all applicable local laws, codes, and regulations
applicable to this PUD in effect at final Site Development
Plan. Except where specifically noted or stated otherwise,
the standards and specifications of the Land Development
Code shall apply to this project. The developer, his suc-
cessor and assigns shall be responsible for the commitments
outlined in this document.
The developer, his successor or assignee shall agree to fol-
low 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 the
developer will agree to convey to any successor or assignee
in title any commitments within this agreement.
4 3 PUD MASTER PLAN
A. Exhibit "A" PUD Master Plan iljustrates the proposed
development and is conceptual in nature. Proposed
tract, lot or land use boundaries or special land use
boundaries are for iljustrative purposes only and shall
not be construed to be final plot or plat lines nor
shall it be construed to be final and may be varied at
any subsequent approval phase as may be executed at the
time of final platting or site development plan ap-
plication.
B. All 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.
C. The development may be developed in phases at the
discretion of the developer. Landscaped buffers and
other improvements shall be made during each phase of
development, and each phase shall satisfy its minimum
code requirements, including but not limited to parking
and landscaping.
4.4 EXCEPTIONS TO COLLIER COUNTY LAND DEVELOPMEHT CODE
DIVISION 3.2 SUBDIVISIONS
A. Monuments shall be installed in accordance with
Florida Administrative Code Rule 21-HH-6.
B. The requirements for sidewalks shall be waived for
the site internal street(s).
C. The requirement to have minimum right-of-way
widths for various streets shall be waived. The
travel ways within this subdivision will be
private and will be through parking areas. The
rights-of-way shall extend from the edge of pave-
ment or outside of curb to the opposite edge of
pavement or outside of curb as appropriate. If no
edge of pavement or curb exists the rights-of-way
shall be within the travel way of the parking area
and shall equal a minimum of twenty four (24) feet
in width.
D. The minimum back of curb radii for internal roads
shall be 15 ft. with the exception of all entrance
road intersections with arterial roadways shall be
40 ft.
E. The minimum 100 ft. tangent requirement at inter-
sections shall be waived subject to the Justifica-
tion analysis.
F. The minimum 100 ft. tangent requirement between
reverse curves shall be waived for internal
streets subject tO Justification analysis.
4-2
FALL. P3/D 19
4.5 TRANSPORTATION
The development of this PUD shall b(? subject to and governed
by the following conditions:
A. The developer shall provide a fair share contribution
toward the capital cost of traffic signals at any
project access when deemed warranted by the County. The
signal(s) ~ill be owned, operated and maintained by
County.
B. The minimum throat length design shall be 100 feet at
all intersections of external access and internal road-
way when, the external road is either Pine Ridge Road
or Airport Pulling Road, except for the westerly minor
access point on Pine Ridge Road, which will be exempt
from this requirement if the directed travel length of
the access drive is less than 100 feet measured from
the property line parallel to Pine Ridge Road.
C. The developer shall convey to the County the area along
Pine Ridge Road presently encumbered by an easement.
Additionally, the developer shall convey the following
lands to the County for future road right-of-way and
associated improvement requirements. This conveyance is
to facilitate the future urban interchange, at the in-
tersection of Airport Road and Pine Ridge Road.
1. Sixty-five feet; measured from the south line of
the existing roadway easement cited above and
parallel with the section line along Pine Ridge
Road. This line is measured from the 'existing
western right-of-way line of Airport Road westerly
to a point 750 feet west of said westerly right-
of-way line of Airport Road. From that point con-
tinuing west to the westerly line of this PUD and
tapering back to a point 20 feet south of the pre-
viously cited southerly easement line.
2. Fifteen feet; measured from the existing westerly
right-of-way line of Airport Road westerly and
parallel to the existing right-of-way of Airport
Road along the entire Airport Road frontage.
!./ A:FALL.P3/D ' 20
3. The developer may install the required right turn
lanes within the above right-of-ways. At such time
in the future as the County requires the area for
improvements, if at 'all, the removal and reloca-
~%, tion of the.turn lanes will be incorporated into
'~ the County's construction plans.
": 4. The above described conveyance of right-of-way
.i will aid the County to mitigate the impact of cur-
( rent and future growth and development on Levels
of Service on CR-31 Airport-Pulling Road and CR-
896 Pine Ridge Road so that said LOS conditions
are consistent with those determined to be ap-
~ propriate by the traffic element of the Collier
,~.' County Growth Management Plan.
5. The donated lands referenced within 4.5.C,1 and
4.5.C.2. shall be conveyed at the time of issuance
of the Final Development Order for site improve-
ments on the project, or at the time of issuance
by Collier County to its construction contractor
of a notice to proceed with construction of the
road improvement that require the aforesaid addi-
tional right-of-way, whichever comes first. The
developer shall have the right at its option to
convey to the County at an earlier date.
The donation of the above referenced land has been
deemed non-site related and therefore shall
qualify at conveyance for roadway impact fee
credits against payment of impact fees that are
required by Adequate Public Facilities Ordinance
90-24 and the developer or assigns shall be en-
titled to utilize such credits at any time prior
to or at application for any Final DevelOpment Or-
der as roadway impact fee credits toward an Ade-
quate Public Facilities Certificate. The value of
said conveyed property shall be equal to the
greater of $7.50 per square foot for each square
foot of the property conveyed or the value as
determined by an'appraisal performed by an MAI
certified appraiser made at the time of con-
veyance.
At the time application for any Final Development
Order the developer, successor or assigns agrees
to pay in full the then current applicable roadway
impact fees without any deduction or credit for
the above conveyance.
4-4
~ A:FALL.P3/D 21
The payment of road impact fees shall occur on or
about December 1, 1992 or at such time as Collier
County has contracted to undertak~ improvements
which require the aforesaid right-of-way.
~." D. The developer shall have the right to install and the
developer, or its successors or assigns, will have the right
~! to maintain the visual appearance of the landscaping on the
.L undeveloped portion of the right-of-way consistent with
.? County Ordinance 82-91 All landscaping improvements shall
~i? be subject to the review and approval of the appropriate
· ? County agencies. County owned and improved lands shall be
~ the maintenance responsibility of the County.
E. The County will allow the project's signage and related im-
provements within the undeveloped right-of-way, subject to
the review and approval of the appropriate County agency.
The developer and its successor and its assigns shall be
responsible for the relocation of the signage at such time
as the land is required by the County for roadway or other
public use improvement.
F. The following setback requirements will minimize potential
~: impacts to the developer, its successor or assigns, and to
the County, relative to long-range or unforeseen transporta-
~ tion improvements.
~ 1. A setback of 50 feet shall be required for all build-
ings and related structures from the rights-
~' of-way as established by C.1 and C.2 above along Pine
Ridge and Airport Roads.
2. The 25 foot landscaped buffer shall be limited to sig-
nage and related improvements, landscaping,, and site
ingress/egress.
G. Should the County require additional lands in excess of that
discussed in Subsection C. above, the setback requirementu
for improvements will be reduced by an equal distance as
that acquired. Such lands shall be acquired on the basis of
the following valuation:
1. If such lands are acquired within seven years of the
date of final zoning approval, they shall be conveyed
to the County at a price of $7.50 per square foot of
i: required land area.
4 -5
A:FALL.P3/D 22
J' 2. If such lands are required beyond seven years after
final zoning approval, then the cost shall be the price
~' indicated in the preceding paragraph increased by five
" (5) percent per twelve (12) month period, pro-rated,
? for each such 12 month period or fraction thereof after
~' the end of the seventh year.
A:FALL.P3/D 23
3. This agreement shall be applicable only for the first
20 feet of the lands within the landscaped buffer strip
along Pine Ridge Road and for the first 12 feet of the
lands within the landscaped buffer strip along
Airport-Pulling Road.
H. Road impact fees shall be in accordance with the schedule
contained in Ordinance 85-55, or as it may be amended, and
shall be paid no later than at the time building permits are
issued unless otherwise approved by the Board of County Com-
missioners.
I The developer shall provide arterial level street lighting
at all project accesses.
J. All traffic control devices shall conform with the Manual on
Uniform Traffic Control Devices as required by Chapter
316.0745, Florida Statues.
K. The developer, or its successors or assigns shall provide
twenty-five (25) percent of the capital cost of a traffic
signal at Pine Woods Circle when deemed warranted by the
County. The signal will be owned, operated and maintained
by the County.
4.6 WATER MANAGEMENT
The development of this PUD shall be subject to and governed
by the following conditions:
A. A copy of the South Florida Water Management District
Permit or Early Work Permit is required prior to con-
struction plan approval, since The Naples Bath and Ten-
nis Club is being utilized to receive the discharge
generated by the subject project, unless the District
determines that the County may do the review and writ-
ten confirmation to that effect is provided.
B. Roof areas can only be deducted for water quality pur-
poses when the run-off is directed directly to the
water management system. Construction plans shall
reflect this requirement.
A: FALL. P3/D 24
oo, f50 :130
C. Lakes shall meet the minimum setback requirements of
Division 3.5 of the Land Development Code or an exemp-
tion may be granted in accordance with Division 3.5 of
the Land Development Code. A 20 ft. maintenance ease-
ment around the perimeter of all lakes and a 20 ft.
wide access easement over and across an appropriate
vehicular drive to said maintenance easement, shall be
provided.
D. All buildings shall be architecturally integrated and
consistent within a developed architectural theme.
Said design shall include the design of ali structures,
their materials and colors. Landscaping and
streetscape shall compliment the design theme. A con-
ceptual design theme master plan guide .shall be
developed by the developer and incorporated within ~he
covenants of the shopping center. This guide shall be
utilized by the developer, successor organization or
assigns to administer the application of the
guidelines. A copy of this guide (and any subsequent
revision embracing the entire site and all buildings)
shall be provided to Planning Services concurrent with
the first application for building permit.
E. An earthen berm shall be incorporated within the
landscaped buffer which abuts Woodshire Lane to effec-
tuate a height of three (3) feet above the crown of
said road and with landscaping plants above it which
shall achieve an eighty (80%) opacity screen within one
(1) year and which shall minimally provide an addi-
tional three (3) feet of height.
4.7 SPECIAL CONDITIONS
A. Provision for off-site removal of earthen material
The excavation of earthen material and its stock piling
in preparation of water management facilities or to
otherwise develop water bodies is hereby permitted. If
after consideration of~ fill activities on those buil-
dable portions of the project site are such that there
is a surplus of earthen material then its off-site dis-
posal is also hereby permitted subject to the following
conditions:
1. Excavation activities shall comply with the
definition of a "development excavation" pursuant
to Division 3.5 of the Land Development Code
4-8
whereby off-site removal shall not exceed 10% of
~ the total excavated material up to a maximum of
:~i: 20,000 cubic yards.
2. All other provisions of Division 3.5 of the Land
~ Development Code are applicable.
4-~
A: ?ALL. P3/D 26
B. Distance between establishments selling alcoholic
beverages for consumption on the premises as per the
Collier County Land Development Code shall not be ap-
plicable to any two service establishment deriving at
least fifty-one percent (51%) of its gross revenues
from the sale of food and non-alcoholic beverages, nor
be applicable to any establishment which sells al-
coholic beverages for consumption on the premises lo-
cated within 500 feet of any establishment deriving at
least 51% of its gross revenues from the sale of food
and non-alcoholic beverages.
C. The proposed lake located at the intersection of Pine
Ridge Road and Airport Road shall be exempt from
aquatic vegetation planting requirements of the lit-
toral shelf. This is done in partial considera~ion of
the mitigation of wetlands, per section 4.11.B of this
document, including wetlands located within the
proposed right-of-way donation, and to allow the design
of a "Signature Intersection" lake and landscaping fea-
ture consistent with the development's design concept.
4.8 UTILITIES
The development of this PUD Master Plan shall be subject to
and governed by the following conditions:
A. Water and Sewer
1. It is anticipated that the City of Naples and/or
Collier County Utilities Divisions will supply
potable water to meet the consumptive demand
and/or receive and treat the sewage generated by
this project.
2. All customers connecting to the water distribution
and sewage collection facilities will be customers
of the City/County and will be billed by the City/
County in accordance with the City/County's estab-
lished rates.
3. Connection to the existing water and sewer
facilities within Woodshire Lane right-of-way is
required if facilities are dedicated to ~he City
or County and are legally available and must be
completely iljustrated on the construction plans.
Supporting engineering construction drawings shall
be provided showing location, configuration and
size.
4-10
A:FALL.PJ/D 27
4. Prior to construction plans approval, a letter
from appropriate governmental agency(les) stating
that the agency has reviewed and approved the
water and sewer facilities construction documents
for service to the project shall be submitted.
B. At the time of building permit submission, the ap-
· ~ plicant shall provide a letter verifying compliance
~ with County Ordinance No. 80-112 regarding the
~]' availability and adequacy of sewer service for the
project
~i 4.9 ENVIRONMENTAL
· St The development of this PUD Master Plan shall be subject to
~%i~ and governed by the following conditions:
· . A. This site has been previously cleared. Maintenance work
~ to keep this land in its cleared state is permitted.
B. wetlands identified by County Staff shall be located on
a topographic survey of the site. The individual wet-
land areas shall be labeled and the area within their
boundary calculated. This area shall be mitigated as
per SFWMD standards at the ratio of 1.5:1. Mitigation
shall occur within Lake Tract "E" and other appropriate
areas as follows:
'.. The littoral zone around the southwest lake shall be
planted with Juncus Effusus-Soft Rusa and Splartina
· ~ Bakeri-Sand Cordgrass to establish a ground cover.
Groupings of Taxodium Ascendens-Pond Cypress' will be
planted to establish additional canopy.
An installation plan and maintenance plan for the con-
tinued cultivation of the mitigation areas shall be
submitted to Project Review Services - Environmental
Staff, for their review prior to initial installation.
C. Any proposed wetland impacts to Collier County juris-
dictional wetlands located in the northeastern and
southwestern corners of the project as indicated on At-
tachment #1, shall be subject to Project Review Serv-
ices - Environmental Staff approval. All proposed
mitigation for impacts to Collier County Jurisdictional
wetlands shall comply with Appendix 7 of the South
Florida Water Management District rules. Proposed wet-
land mitigation shall be considered on site and con-
tiguous to the wetlands located in the southwestern
corner of the site.
4-11
~. A:FALL.P3/D 28
134
D. Prior to Final Construction Plans/Plat approval, the
approved mitigation and/or preserve areas must be sur-
veyed and recorded as conservation easement(s) and/or
tract(s) with protective covenants consistent with the
requirements of the Collier County Land Development
Code.
E. An exotic vegetation removal, monitoring, and main-
tenance (exotic-free) plan for the site, with emphasis
on the conservation areas, shall be submitted to
Froject Review Services-Environmental Staff for review
and approval prior to Final Construction Plans ap-
proval.
4.10 SIGN~
The developer intends to create a uniform designed signage
and identification system including, but not limited to,
entrance signs for the project to implement the architec-
tural style. Such signs are intended to be located and per-
mitted at all project entrance points, lakeside at Airport
Road and Pine Ridge Road intersections as well as at other
identified areas in accordance with the Collier County Land
Development Code and this PUD.
For the purpose of determining signage, lots fronting on a .
lake which fronts on a major arterial shall be treated as
having frontage on the arterial. The length of frontage
shall be the same as the length of frontage on the lake.
Utilization of the right-of-way for ].andscaping decorative
entrance ways, and signage shall be reviewed and approved by
Project Review Services prior to any installation.
4.11 LANDSCAPING FOR OFF-STREET PARKING AREAS
Landscaping shall be in accordance with the provisions of
the Collier County Land Development Code, except as follows:
Buffer requirements along Pine Ridge Road and Airport Road
shall not be required adjacent to the "Signature Intersec-
tion'' lake' feature provided they are transferred to th~
lake's general interior lot perimeter.
4.12 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously
with or following the construction of the principal struc-
ture except for any construction site office.
4-12
A:FALL.P3/D 29
4.13 MAINTENANCE OF COMMON AREAs
The developer shall establish an organization for the owner-
ship and maintenance of any common open space and/or common
facilities, and such organization shall not be dissolved nor
shall it dispose of any common open space or common
facilities, by sale or otherwise, except to an organization
conceived and established to own and maintain the common
open space or common facilities.
Included in the provisions of the legal instrument shall be
the provision for the County to perform the maintenance ac-
tivity in the event that the organization fails to perform
such maintenance and that the costs.for such activity and
associated administrative costs to be assessed to the
property owners of the project. A copy of the provisions of
the recorded agreement(s) shall be provided to Development
Services with the first plat recorded on the project.
:, 4-13
t A:FALL. P3/D 30
EXHIBIT A
~SHOPPINGEXISTINGcENTER ~
~ MJLTI --'USE COk~RCI AL DEVELO~i~NT
5C,*L£: 1' - 400' ~ TRACT C~NT ~PROX.
A~EA~
~ ~ A L~ t. 20
PINERIDGE ROAD a ~,~ ~.~.
~m~/~F)~
0 ~IVISI~ ~OT~ 32.88
~ ~ ~ J ~ moss
~ ~ TRACT "D"
~ ~ ~ US[ so FT.
~cr C2
~s~ ~~_ J
NAPLgS 8ATH AND T~NNIE CLU8
(I) LIMITED ACCESS; FOR WOODSHIRE LANE ~"~: ?": J'~: TI4E FALLS, LTD.
(2) FRILL MEDIAN CUT: EXISTING; ALIGNED ~ .... ~ .~':' - 4oo' THE FALLS OF NAPLES
~rH MAIN ENTRANCE TO SHOPPING CENTEP ~,~: ~ ~ PUD MASER PLAN (~)
(.~) FULL MEDIAN CU[; EXISTING; PRE~OUSLY
APPRO~D ~AtN ENTRANCE ~'~'~:r J ~L
J' '/ ........................ ~ER MANAGEMENT ~T- .............. COMBINED--~ ' ~/~/~,/~/,~ ~oo[u ~[~ ~ ~~-~... ......... -~. ~F ~
(5) W~ LAKES; p,t,,,~o,~ ..~ .... .~.~
AREA OF APPROXIMATELY 3 ACRES~ ·
(6) SIGNATURE INTERSECTION, AMENI fY WA ~R~,,'~ ~'~---~'~ - ~ -~
FEA ~RE ~ 1~~ I~-~
1 .... 5647 J,~: J .~~ .... ~2~0
'*~ ..... '~ ..... ~;~' t:~-..~- ,.z~. ';*~-~7~- .:'~'~:~ ~-~t~:%~-~-~.'~-~,' ... , :-
STATE OF FLORIDA )
<' COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
. Twentieth Judicial Circuit, Collier County, Florida, do
,, hereby certify that the foregoing is a true copy of:
Ordinance No. 91-109
I.~ ~i which was adopted by the Board of County Commissioners on
~' the 17th day of December, 1991, during Regular Session.
? WITNESS my hand and the official seal of the Board of
:<' County Commissioners of Collier County, Florida, this
:",~ day of December, lggl. ~'"
'V ' JAMES C GILES ~ ".: ".
.. Clerk of Courts and Cl%rk'
Ex-officio to Board o~2. "
By: /s/Maureen Kenyon
Deputy Clerk