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Ordinance 91-111 ORDINANCE NO. 91-_]_13.__ AN ORDINANCE AMENDING ORDINANCE NUMBER 9l-Z02 THE COLLZ£R COUNTY ~D DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA AND AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9513N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CARILLON PUD, A MIXED USE COMMERCIAL AND RESIDENTIAL DEVELOPMENT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF AIRPORT-PULLING ROAD AND PINE RIDGE ROAD, LOCATED IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 43.21 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Varnadoe, representing Wallace L. Lewis, ' Jr., Trustee and Wilma Southeast, Inc., 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 ~i!i Commissioners of Collier County, Florida: ~, .? SECT.'~ON ONE' " The Zoning Classification of the herein described real ,: prop..~rty located in Section 13, To,ship 49 South, Range 25 East , Collier County, Florida,is changed from "A" to "PUD" Planned Unit Development in accordance with the Carillon PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 9513N, as described in Ordinance . Numb=_r 91-102, the Collier County Land Development Code, is hereby ~' amen,~ed accordingly. :~ . SECT [ON TWO.' ]i;~'%':" This Ordinance shall becom& effective upon receipt of notice .:.~ from the Secretary of State that this Ordinance has been filed '~ with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this //~;'~ day of ~, 1991. BOARD OF COUNTY COMMISSIONERS J/h'qlqS C. GIBEs~ CBE~ P~TRICI~ ~ GOODHIGHT~ .... ,' Th;s ordlnom~e {il,d with Secr'ztury of Sl,:,te'~, Office the ~O~ ~. STUDENT and ackncw'er~'~ment of that filina received lh,s ~ - day PLANNED UNIT DEVELOP1V[ENT DOCUMENT FOR CARILLON PREPARED BY: GEORGE L. VARNADOE, ESQUIRE Young, van Assenderp, Varnadoe and Benton, P.A. 801 Laurel Oak Drive, Suite 300 Naples, F~. 33963 DATE FILED: , 09;04/91 DATE REVISED: __ DATE APPROVED: 12/17/9~ ORDINANCE NUMBER: ..... 91o111 ~.~ ~ .LIST OF MAPS AND TABLES ~' Page ~... [?: A PUD Master Plan .~, ,, 30 B Aerial Photograph/Location Map 31 :" C Water Management Plan 32 :'i." D Right-of-Way Summary Diagram 33 ,, E Access Conditions TABLES .'. Table I Land Use S~ary 12 "~'' Table II Development Standards -,7 ~.,. .,%.¢,. ;',, ;,'. -. TABLE OF CONTENTS Statement of Compliance Page 4 Section I - Property Ownership and Legal Description Page 5 Section II - Project Development Pages 6- 11 Table I - Land Use Summary Page 12 Section III - Residential Land Use Pages 13- 14 Table II - Development Standards "R" Residential Areas Page 15 Section IV - Open Space Areas Pages 16- 17 Section V - Commercial Section VI - General Development Commitments Pages 23 - 29 STATEMENT OF COMPLIANCE It is the intent of Wallace L. Lewis, Jr., Trustee, and Wilma ~ . ' Southeast, Inc., a Florida Corporation, to create a Planned Unit Development (PUD) to be known as Carillon, on 43.21 acres of land ~.~. located in Section 13, Township 49 South, Range 25 East, Collier ,~1. C~nty, Florida. The residential and commercial facilities of the carillon PUD are · consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of Collier County fo]: the following reasons: ~ ' A. The subject property is located within the County Urban service areas and there are adequate available community facilities and services to support the proposed residential density and commercial intensity. B. With regard to consistency with the Collier County Growth Management Plan: 1. The project development is compatible and complementary i to the surrounding land uses and future uses authorized · by the Future Land Use Element. 2. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element, except as ~ otherwise set forth herein. 3. The project development will result in an efficient and economical extension of community facilities and services as required by Policies 3.1.H. and 3.1.L. of the Future Land Use Element. 4. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The project is a mixed use planned unit development located within a designated activity center (or the same uses are allowed under the 75% rule), therefore the proposed commercial uses and proposed density of the residential development are consistent with the-Future Land Use Element'of Collier County's Growth Management Plan. SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 1.01 pROPERTY OWNERS~IR The subject property is currently owned by Wallace L. Lewis, Jr., as Trustee, whose address is 6843 Main Street, Miami Lakes, Florida 33014. Wilma Southeast, Inc., is the contract purchaser of the commercial tract of the Carillon PUD pursuant to a contract between Wallace L. Lewis, Jr., as Trustee and Wilma Southeast, Inc., dated July 12, 1991. 1.02 LEGAL DESCRIPTION Please refer to PUD Master Plan for detailed legal description. SECTION II PROJECT DEVELOPMENT 2. O1 PURPOSE The purpose of this Section :is to generally describe the plan of the development and delineate the general conditions that will apply to the project. 2.02 .INTRODUCTION. A. Carillon is a 43.21 acre mixed use residential and commercial development located in Collier County. The property is generally located in the southeast quadrant of the intersection of Airport Road and Pine Ridge Road. The property is bounded on the east by undeveloped property; on the south by undeveloped property; on the west by Airport Road; and on the north by Pine Ridge Road. B. The project is not of a size to be a Development of Regional Impact (DRI), being below 80% of the individual thresholds for retail commercial and residential projects, and below 80% of the threshold for a project that constitutes two (2) uses covered by the DRI statute. C. Regulations for development of Carillon shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. D. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. E. All conditions imposed and all graphic material presented depicting restrictions for the development of Carillon shall become part of the regulations which govern the manner in which the PUD site may be developed. F. Unless modified, waived or excepted by this PUD the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. G. Development permitted- by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 of the Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. LAND USES Table I is a schedule of the intended land use types, with total dwelling units, acreage,' and total square feet of commercial indicated. The arrangement of these land use types is shown on Map A, Planned Unit Development Master Plan. Changes and variation in design and acreages shall be permitted during each subdivision phase and at final design to accommodate topography, vegetation, and other site conditions. The final size of the recreation and open space lands will depend on the actual requirements for conservation areas, water management, roadway pattern, and dwelling unit size and configuration. At the time of Subdivision review and approval for each subdivision phase, the location, size and configuration of land use tracts shall be identified, along with the assignment of permitted residential or commercial land use types. The assignment of maximum allowed residential density and/or commercial gross leasable floor area shall also occur at the time of subdivision review and approval. If the maximum allowed residential density or commercial gross leasable area is not fully used within that subdivision phase of the project, the unused remainder may be assigned to another phase(s) of the project. Final determination of the total multi-family residential or commercial use shall be determined at time of Site Development Plan'approval. For each succeeding subdivision and/or Site Development Plan, a table shall be included which summarizes the total dwelling units and commercial floor area that has been previously assigned and the total assigned ~or the pending approval, in order to facilitate the County's monitoring of the project. 2.On, PRQJ~CT DENSITy AND INTENSITY The total acreage of the Carillon PUD is approximately 43.21 acres. The maximum number of residential dwelling units to be built within the Carillon PUD is 180. The maximum square footage of gross leasable area for commercial uses is 319,000 square feet. The residential parcel is within an Activity Center and a density of up to 16 units per gross acre is allowed pursuant to the Future Land Use Element of the Comprehensive Plan. Higher densities are appropriate from a planning perspective because of the proximity to commercial activities, where the resulting needs of the residential area can be satisfied. The density on individual parcels of land throughout the project will vary according to type of housing placed in each parcel of land, but shall comply with the ~uidelines established in this PUD document. The commercial uses and intensities are appropriate since over 75% of the project is located within an Activity Center. Further, the mixed-use aspects of this PUD comply with the intent and purposes of the Future Land Use Element of the Comprehensive Plan. 2.05 P_~.RMITTED VAR!ATIOFS QF ~WELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units allocated, provided that the total number of dwelling units shall not exceed 180. 2.06 EASEMENTS FOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time of development.~ 2.07 LJ%KE SITING As depicted on the PUD ~aster Plan, lakes and natural retention areas have been sited adjacent to existing and planned roadways, and property lines throughout the project. The goal is to achieve an overall aesthetic character for the project, to permit optimum use of the land, provide buffering to uses within and surrounding the project, protect native vegetation, and to increase the efficiency of the water management network. Accordingly, the requirements described in Division 3.5 of the Land Development Code, may be reduced subject to the approval of the Project RevieW Services Manager at the time of Subdivision and/or Excavation permit approval. Fill material from lakes is planned to be utilized within the project, however excess fill material, not to exceed 10%~ or a maximum 20,000 cubic yards may be utilized off-site, subject to the provisions of the Collier County excavation ordinance in effect at the time of development. Removal of fill material in excess of 10% of total or 20,000 cubic yards must meet the requirements of a commercial excavation per Division 3.5 of the Land Development Code. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Division 3.5 of the Land Development Code. DEDICATION AND ~AINTENANCE OF FACILITIES Roads and other infrastructure may be either public or private, depending on location, capacity, and design. Developer shall create appropriate homeowner and/or condominium associations or identify other entities which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of Collier County Ordinances regulating subdivisions, unless otherwise approved as an exception during Subdivision Approval. 2.0!) S__ITE DEVELOPMENT PLAN APPROVAL The provisions of Division 3.3 of the Land Developmen~ Code shall apply to the development of platted tracts or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. 2o10 MODEL UNITS ~ Model units shall be permitted within this project, subject to the following ~provisions: A. Models may be constructed prior to approval of a plat. B. Models may be permitted as "dry models" and must obtain a conditional certificate of occupancy for model purposes only. Models may not be permanently occupied until a permanent certificate of occuFancy is issued. C. Models may not- be utilized as "sales offices" without approval by and through the Site Development Plan process. The SDP process shall not be required for dry models pursuant to this Section. D. Prior to recorded plats, metes and bounds legal description shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat co~figurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. E. Temporary access and utility easements may be provided in lieu of dedicated right-of-ways for temporary service to model units. F. Sales, marketing, and administrative functions are permitted to occur in designated model homes or units within the project only as provided herein. ~ONSTRUCTION DEVELOPMENT STANDARDS The standards for construction of all project infrastructure, such as, but not limited to roads, utilities, water management facilities, and other site improvements such as, but not limited to, clearing, grading excavation, landscaping and all similar types of site improvements, except for habitable buildings and structures, shall meet the standards set forth by Collier county in the applicable ordinance or regulation in effect at time of development. The.procedures for the review and approval of project infrastructure and site. improvements shall be that process in effect at the 'time of review and approval in accordance with Collier County regulations. The standards and development permit procedures for all habitable structures shall be in accordance with the appropriate County requirements in effect at the time of building permit application. 2.12 SALES CENTERS A. Sales Centers may be constructed prior to recording of a plat. Sales Centers may be serviced by a temporary utility system (i.e., dry well and septic tank/drainfield) prior to availability of central utility systems at which time connection to the central system will be made. Interim fire protection facilities, in accordance with NFPA requirements or as approved by the appropriate fire district are required unless a permanent water system is available to serve the Center. B. Review and approval of Sales Centers shall follow the requirements of the Site Development Plan process ( Land Development Code Division 3.3) or whatever approval procedure is in effect at that time. A metes and bounds legal description ~hall be provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets applicable County standards as determined by the Project Review Services Manager. A water management plan must be provided which accommodates the runoff from the Sales Center, the required parking and access road/ driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. C. At the time of building permit application for a Sales Center a temporary use permit shall be obtained. Sales Centers may not be occupied unti~ a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purposes only. Models may not be occupied until a permanent Certificate of Occupancy is issued. 2.13 ~PACT FEES Development within the project shall be subject to all lawfully adopted impact fees in effect at the time of development. CARILLON PUD TABLE I LAND USE SUMMARY band Use Acreage InteDsity o( Use Residential 6.23 acres 180 dwelling units ~':' Commercial 24.01 acres 319,000 square feet i~~ Open Space/Lake/ ~. Water Management 12.97 acres TOTALS 43.21 ACRES Not,;: Ail acreages are' approximate and are subject to change and variation. 157 SECTION III RESIDENTIAL LAND USE 3 0L PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Map A, Planned Unit Development Master Plan, as "R" or Residential. 3.02 MAXIMUM DWELLING UNITS A maximum number of 180 dwelling units may be constructed on lands designated as "R" or Residential. 3.03 GENERAL DESCRIPTION The area designated as "R" or Residential on the PUD Master Plan are designed to accommodate multi-family dwelling units of various types and designs. The approximate configuration of 'the multi-family land use tract has been indicated on the PUD Master Plan. This acreage calculation is based on the conceptual design and must be considered to be approximate. Actual acreage of the residential development tract will be provided at the time of platting. The residential tract is designed to accommodate an internal roadway. 3.04 PER/4ITTED PRINCIPAL USES AND STRUCTURES A. Multi-family dwellings, including garden apartments, cjuster housing, villas, townhouses, duplexes, attached single-family dweilings, apartments, and zero lot line dwellings. B. Water management facilities including likes and lakes with seawall and other types of architectural bank treatment. C. Open space, commonly owned/administered recreational facilities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, health trails, bike paths and nature trails, boardwalks, playgrounds, picnic areas and other types of facilities intended for outdoor recreation.' D. Any other use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager determines to be compatible in the district. 3.05. DEVelOPMENT STANDARDS Table II sets forth the development standards for land uses within the "R" Residential District. Site development standards apply to platted development parcel boundaries. Front yard setbacks shall be measured from accessways as follows: A. If the parcel is served by~ a County dedicated public right-of-way, setback is measured frem the existing right-of-way line. B. If the parcel is served by a private drive, setback is measured from back of curb or edge of pavement, whichever is closer to the structure. Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Code regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setbacks, heights, and floor a~ea standards apply to principal structures. One sign on Pine Ridge Road shall be allowed to identify the project and the entrance to the residential section. Said sign shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. TABLE II DEVELOPMENT STANDARDS "R" RESIDENTIAL AREAS PATIO, ZLL, CjustER OR 2-FAMILY ATTACHED OR MULTI-FAMILY DUPLEX TOWN HOUSE CATEGORY 1 2 Minimum Site Area 3,500 sq.ft. 1 Acre per dwelling unit Minimum Site Width 35' 150' Minimum Site Depth 100' 100' Front Yard Setback 20' 20' side Yard Setback 0 or minimum 5' 20' or 0 if lakefront Rear Yard Setback 15' or 10' if 20' or 0 lakefront if lakefront Maximum Building Height Stories Over Parking 2 6 Minimum Distance Between Structures 0 or 10' 15' - 1 story 20' - 2-3 stories 30' - 4-6 stories Minimum Floor Area 900 sq. ft. 500 sq.ft, for efficiency and one bedroom units 750 sq.ft, for multi-bedroom units -15- r50 , , 160 SECTION IV OPEN SPACE AREAS 4.0i PURPOSE The purpose of this Section is to set forth the regulations for areas designated as open space. 4.0l. P~.RM!TTED USES AND STRUCTURES NO building or structure, or part thereof, shall be erected, altered or used, or land or water uses, in whole or in part, for other than the following: ~]i". A. Parks, passive recreational ayeas, boardwalks. ~ B. Biking, hiking, health and nature trails, boat  ! docks, canoe launches, boat storage. ~'!~ C. Equestrian paths. D. Water management facilities and lakes, as approved by the South Florida Water Management District, ~i~,. roadway crossings and utility crossings. '~.' E. Recreational shelters, active park facilities and ./'. restrooms, off street parking, lighting .and ~. signage. '~. F. Any other activity or use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager determines ~, to be compatible with the intent of this district. ~i 4.0~ DEVELOPMENT STANDARDS · ~?.· A. Overall site design shall be.harmonious with the ~ area's natural characteristics. B. . All work proposed in wetland areas designated on ~"~. the PUD Master Plan .shall be reviewed and approved ,. by the Collier County Project Review staff and appropriate county, state or federal regulatory or · jurisdictional agency prior to the commencement of any such activity. The County may request copies of permits from all appropriate regulatory agencies or jurisdictional agency prior to construction plan approval. conservation areas are subject to jurisdictional agencies review and listed usages do not guarantee that those usages will be approved. Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with provisions of the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. Any right-of-way dedication required of the project shall be considered part of the project for purposes of acreage, density, and open space requirements. SECTION V COMMERCIAL 5.01 pURpOSE The purpose of this Section is to set forth the regulations for the area designated on Map A, PUD Master Plan, as "C" Commercial 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Antique shops; appliance stores; art studios; art supply shops; automobile parts stores, including installation; automobile service stations with car wash; auto repairs and service - inside only; awning shops. 2. Bakery shops; bait and tackle shops; banks and financial institutions, including drive-in windows; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; business offices; business machine services. 3. Carpet and floor covering sales - which may include storage and installation; child care centers; clothing stores; cocktail lounges; commercial recreation uses - indoor; confectionery and candy stores; conuenience stores; computer sales and service. 4. Delicatessens; department stores; drug stores; dry cleaning shops (including collection and delivery); dry goods stores; drapery shops. 5. Electrical supply stores; express offices; equipment rentals including lawn mowers and power saws, which may include their repair and sale. 6. Fish market - retail only; florist -shops; fraternal and social clubs; furniture stores; furrier shops. -18- 7. Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales - including storage and installation; gourmet shops. 8. Hardware stores; health food stores; hobby supply stores. 9. Ice cream stores; interior decorating showrooms. 10. Jewelry stores. 11. Laundries; laboratories; leather goods; liquor stores; locksmiths; lakes and water bodies with seawalls or other architectural bank treatments, in addition .to conventional lake banks. 12. Markets - food; markets - meat; millinery shops; motion picture theaters; music stores; mortgage brokers. 13. New car dealerships - outside display permitted; news stores; night clubs. 14. Office - general and professional, including medical clinics; office supply stores. 15. Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing and mimeograph service shops; private clubs. 16. Radio and television sales and services; radio stations (offices and studios), and auxiliary transmitters and receiving equipment, but not principal transmission tower; research and design labs; restaurants - including drive-in or fast food restaurants, in addition to full service. 17. Shoe repair; shoe stores; shopping centers; souvenir stores; stationery stores; '. supermarkets. 18. Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores. ~' ~00~ 19. Variety stores; vehicle rental - automobiles only. 20. Watch and precision instrument sales~ and repair shops. 21. Any other commer'cial use or professional service which is comparable in nature with the foregoing uses and which the collier County Planning Services Manager determines to be compatible in the district. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures. 1. Caretaker's residence. DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Setback Requirements (Internal): 1. Front setback: Twenty (20) feet. 2. Side setback: None, or a minimum of five ~(5) feet with unobstructed passage from front to rear yard. 3. Rear setback: Fifteen (15) feet. 4. Waterfront setback: Zero (0) feet to seawall, bulkhead, or rip rap, otherwise fifteen (15) feet. 5 Parcels with two (2) frontages may reduce one (1) front setback by ten (10) feet. D. Minimum setbacks and buffers from external right- of-ways: 1. Pine Ridge Road: Fifty (50) foot building setback, except that canopies for automobile service stations require only a thirty (30) foot setback, provided that no pumps or pump islands are located closer than forty (40) feet. A twenty (20') foot landscaped buffer shall be provided until Pine Ridge Road is six-laned, at which time the landscaped'buffer may be reduced to eight (8') feet, provided that an eighty percent (80%) opacity shall be achieved with the 8' buffer. ~'~. 2. Airport Road: Fifty (50) foot setback, '~.~' except that canopies for automobile service stations require only a thirty (30) foot '~'~ .setback, provided~ that no pumps or pump islands are located closer than forty (40) feet. Since the Airport Road Canal provides a buffer and because of the required right-of- ~. way dedication, an eight (8') foot landscaped ~]? buffer will be provided along Airport Road. E. Maximum Height: Fifty (50) feet, except for non- functional architectural elements (such as a bell ~ towers) which shall have a maximum height of ?- seventy-five (75) feet. %1 F. Minimum Floor Area of Structures: One thousand ,?i (1,000) square feet per principal structure cn the ~' ground floor. Kiosk vendors, concessions, and ~? temporary or mobile sales structures are permitted to have a minimum floor area of twenty-five (25) square feet, and are not bound by setback ~' requirements. / G. Maximum Gross Leasable Floor Area: 319,000 square ,~ feet H. Maximum Density of Hotel, Motel, and Transient Lodging Facilities: 26 rooms per acre. I. Distance Between Structures: Same as for side yard setback. .~:%=~ J. Standards for parking, landscaping, signs, guard ~/~' houses, entrance gates and other land uses not specified herein are to be in accordance with i~ Collier County Zoning and Signage regulations in '~ effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setbacks, heights, and floor area standards apply to principal structures. K. Establishments selling alcoholic beverages for consumption on premises shall not be subject to a .. minimum distance requirements from one another !~ within this PUD. -21- L. Prior to obtaining building permits for principal commercial structures exceeding 25,000 square feet, the developer shall provide the Community Development Administrator with certified copies of leases or other written commitments from two (2) major retail tenants to occupy a total of 74,000 square feet gross leasable area. M. All buildings, landscaping and visible infrastructure shall be architecturally and aesthetically unified. Said unified architectural ~ theme shall include a similar architectural design, use of materials and colors throughout all of the buildings to be erected on the site. Landscaping ~ and streetscape materials shall also be similar in :'~' design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan ~" approval. -22- " SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6. O1 p ,URPOS~ The purpose of this Section is to set forth the development commitments of the project. 6.02 PUD MASTER PLAN A. The PUD Master Plan (Map A) is an iljustrative preliminary development plan. The design criteria and layout iljustrated on the PUD Master Plan shall be understood to be flexible, so that the final design may satisfy project criteria and comply with all applicable requirements of this ordinance. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. C. Site design changes shall be permitted subject to Collier County staff administrative approval, where such changes are consistent with the intent of this PUD document and do not cause significant impact to surrounding properties abutting Carillon. 6.03 EI~;IRONMENTAL A. Petitioner shall be subject to Collier County Growth Management Plan Conservation and .Coastal Management Element and the Collier County Land Development Code Article 3. B. Petitioner shall be subject to Collier County Land Development Code Division 2.4 and Division 3.9. C. Petitioner shall be subject to Collier County Land 'Development Code Section 2.2.25. D. Petitioner shall obtain all necessary local, state, and federal permits. Copies of appropriate jurisdictional delineations are required at the time of subdivision master plan per the Project Review Services Manager. -23- E. Prior to preliminary site development plan approval, a hazardous waste, assessment shall be submitted to the appropriate governmental agency, with a copy to Collier County Pollution Control Department. WATER MANAGEMENT A. Detailed paving, grading, and site drainage plans shall be submitted to Project Review Services 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 Project Review Services. B. In accordance with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40E-4 and 40E-40 this project shall be designed for a storm event of 3-day duration and 25-year return frequency. c. An Excavation Permit will be required for the proposed lake(s) in accordance with Collier County Land Development Code and SFWMD rules. Some of the lakes proposed do not meet the minimum setback requirements of the Land Development Code. The master plan shall be revised to meet the minimum setback requirements or documentation shall be provided during the Subdivision Master Plan process to allow a reduction in the setback with appropriate barriers provided. D. A Big Cypress Basin right-of-way permit allowing discharge into the Airport Canal shall be provided prior to final construction plan approval. TRANSPORTATION A. The developer shall provide ~ppropriate left and/or right turn lanes on Airport and Pine Ridge Roads at all project accesses. B. The developer shall: provide arterial level street lighting at all project accesses. C. The developer shall provide a fair share contribution toward the capital cost of traffic signals, except as otherwise provided in Exhibit E, including interconnection where applicable,~at any project access when deemed ~arranted by the County. -24- The signals will be owned, operated and maintained by Collier County. D. The developer shall dedicate twelve (12') feet of right-of-way along the project's entire frontage on Airport Road and thirty-seven (37') feet of right- of-way along the frontage on Pine Ridge Road up to three hundred twenty (320') feet from the intersection of Pine Ridge and Airport Roads where the dedication will increase pursuant to the '"~ diagram attached as Exhibit "D" hereto. The ~i~' dedications are for the purpose of accommodating '~ the proposed ~x~a~sio~ oX tb~e ro~ay~ a~YJ ~ dedications is considered site related, but the dedications are for mitigation pursuant to Policy 5.1 of the Future Land Use Element of the Collier County Growth Management Plan and no impact fee credits shall be claimed as a result of said dedication. All dedications shall be in the form of easements and shall be accomplished prior to issuance of any building permits for the project. ii'~ E. Impact fees for all the commercial portion of the project would be paid at the first to occur of: (a) as provided by Division 3.15 of the Land Development Code and Section 2.02.G. of the :~ PUD; or (b) within thirty (30) days of the County awarding a contract to construct the intersection improvements on Airport Road at Pine R/~ge Road, but Dot ~ooner ~han December l, 1992. :~% (c) No impact fee credits shall be applied for on ,.,~ ~ this development as 'a result of the provision ?~'.~ of affordable housing. · ~ (d) Said fees shall be placed in the impact fee account of the appropriate impact fee ~' district, and shall not be held in escrow. The applicable Certificate(s) of Public Facility Adequacy shall be issued. The fees are to be a credit toward the applicable fee required at the time of the issuance of building permits, pursuant to th~ County's Policy, as if the prepaid fees had been placed .,! in escrow. ' -25- F. As a condition of approval, Developer is required to coordinate with the proposed development to the east so a~ to provide a suitable roadway connection be~wQon the two pro~0~tm, G Exhibit "E" ACCESS CONDITIONS, sets forth the type and location of access points under various roadway conditions and other important commitments, and the same are made a part hereof as if repeated verbatim herein. ~ H. The owner and successors in title shall pay 25% of the total costs of traffic signals and their ~ installation on Airport Road at Pine Wood Circle. 6.06 UTILITIES Sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. All customers connecting to the sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. '~ The utility construction documents for the project's /i~"' sewerage system shall be prepared so that all sewage ~'~ flowing to the County's master pump station is '..~.'" . transmitted by one (1) main on-site pump station. Due to ?':; the design and configuration of the master pump station, ;"' flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the Count'y staff prior to commencing preparation to construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer master plan. ~ The existing off-site sewage transmission facilities of · the district must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to ~rovide adequate capacity to · t'ransport the additional wastewater generated without · adverse impact to the existing transmission facilities. Prior to construction plans approval, a letter fFom the city of Naples Water/Sewer District stating that the District has reviewed and approved the water facilities construction documents for service to the project shall be submitted. -26- 6.07 SIGNAGE A. General 1. All County sign regulations shall apply unless such regulations .are in conflict with the conditions set forth in this section. 2. For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be requested to be placed within the public right-of-way, a right-of-way permit must be applied for and approved. 4. All signs shall be located so as not to cause sight distance problems. 5. Right-of-ways may be utilized for decorative landscaped entrance features and signage if prior approval is received from Project Review Services. B. Directory Signs 1. One (1) sign with a maximum area of 250 square feet per sign face shall be permitted at the main entrance to the commercial tract on both Pine Ridge and Airport Roads. 2. Directory signs shall not exceed a height of 25 feet above the finished ground level of the sign site. 3. Directory signs may be lighted provided all lights are shielded. 4. The setback for the sign from the Airport Road right-of-way shall be 10 feet. C. Project Signs 1. Project signs, designed ~o promote the project, or any principal use within the project, shall be permitted along th~ east side of Airport Road, the south side of Pine Ridge Road, and on all land tracts within -27- Carillon limits subject to the following conditions: a. Project signs shall not exceed a height of twenty (20) feet above the finished ~,~ ground level of the sign site nor may the ~i overall area of the sign exceed one ..... hundred (100) square feet per face. b. A maximum of five (5) project signs shall %~i' be permitted. An additional intersection ~? sign shall be permitted at the ~ intersection of Pine Ridge Road with Airport Road, which sign may have two (2) faces, one for Airport Road and one for Pine Ridge Road. c. Project signs may be lighted provided ail lights are shielded. 6.08 A. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services ~?' 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 Project Review Services. B. Design and construction of all improvements shall : be subject to compliance with the appropriate provisions of the Collier County Ordinance regulating subdivisions, unless otherwise approved as an exception to said regulations during ": Subdivision Master Plan approval. C. Platting shall be accomplished when required by · Collier County Ordinances regulating subdivisions. 'i' D. Work within Collier County right-of-way shall meet ~' " the requirements of Collier County right-of-way "~ ' Ordinance 82-91. :~" E:. Internal access int:o tracts as shown on the PUD i-~ Master Plan is informational only. Exact locations . shall be determined during Subdivision or Site ' Development Plan approval. · ' -28- 1"50 173' 6.09 EXCEPTIONS TO SUBDIVISION REGULATIONS Exceptions to subdivision regulations shall be requested at the time of application for subdivision approval in accordance with applicable subdivision regulations in effect at the time of development. -29- EXHIBIT "A" PINE RIDGE ROAD .--[ '~~ ~ ; ' ......... g CONCEP~M ~S~R P~ ~ ~kMA SOH~i~ST, INC. EXHIBIT ...::.. ,~ :: . ~,','~1, ~ %. . . ',~ ~ . , AERtAL PHOTOGRAPH EXHIBIT "C" I .~ ~1~2 PINE RiD ROAD ,, ~ ~'~' --~ CARILLON PI.rD ACC ,ESS CONDITIONS PUD Access points and lane configurations for Airport Road and Pine Ridge Road shall consist of and be limited as set forth herein and depicted in the attached Access Point Exhibit. 1. Developer shall dedicate to the County by easement twelve (12) feet of right-of-way along the PUD's entire frontage on Airport Road and thirty-seven (37) feet of right-of-way along the frontage on Pine Ridge Road up to three hundred twenty (320) feet from the intersection of Pine Ridge and Airport Roads where the dedication will be increased to accommodate a grade separated intersection and supporting infrastructure as depicted on Exhibit "D" to the PUD document adopted by the County. Although neither of these dedications is considered site related, these dedi=ations are for mitigation pursuant to Policy 5.1 of the Transportation Element of the Collier county Growth Management Plan. These dedications are not eligible for a credit against road impact fees. These dedications shall be made prior to the issuance of any building permits for the PUD. Right-of-way d'edications include sufficient area for acceleration/deceleration turn lanes for Access Points A through E under both four and six lane conditions, but if the intersection of Pine Ridge/Airport Roads becomes grade separated Developer may be required to provide additional right-of-way to provide acceleration/deceleration lanes a't the Project Entrance(s). Costs of these additional rignts-of-wa~ and relocation of Project Entrance acceleration/deceleration lanes will be borne by Developer. Road impact fees for all of the commercial portion of the PUD shall be paid at the first to occur of: A. As provided by Adequate Public Facilities ordinance No. 90-24 and Section 2.02.G of the PUD document adopted by the County; or B. Within thirty (30) days of the County awarding .a contract to construct the intersection improvements on Airport Road at its intersection with Pine Ridge Road, but not sooner than December 1, 1992. These dedications and the condition requiring earlier paym~nt of road impact fees will allow intersection improvements on the Airport Road portions of the intersection at Airport and Pine Ridg~ Roads to occur at the same time that Pine Ridge Road from Airport Road west is being six-laned, and to provide the ultimate right-of-way for both roads to be six-laned. The County agrees to construct the six-lane intersection improvements on Airport Road at the same time that Pine Ridge Road is expanded to six lanes from Airport Road west. 2. The access points to the PUD shall consist of, but ba limited to, those depicted on the attached Access Point Exhibit and are identified as Access Points A through E. 3. The developer's obligation for these access point .improvements shall include the full costs of design and engir.eering, utility relocation, right-of-way acquisition and dedication (if any), construction of turn lanes, acceleration and deceleration lanes, construction inspection, contract administration, and testing. The alignment, design, and construction schedule for these improvements shall be approved by the ¢'ollier County Transportation Division. A. Under both a four-lane and six-lane condition, Access Point A, being the southerly most access point on Airport Road, shall be right turn in and right turn out; however, Developer has the option, at its own expense, to reconfigure a median opening to provide a south-bound left-turn-only lane to provide access to Point A. It is anticipated that construction of this access point would require construction of a bridge or box culvert structure to sarry traffic over the existing canal on the east side of Airport Road and any such construction to accommodate this .~ccess point would be at Developer's expense. B. Under both a four-lane and six-lane condition, Access Point B, being located directly opposite the entrance ~o the Falls Planned Unit Development, shall be a full access, four way intersection. Under a four-lane condition, a bridge or box culvert structure to provide access over the canal will be constructed at Developer's expense, and at the time that Airport Road is six-laned, the existing canal may need to be either partially relocated or partially enclosed to accommodate the acceleration and/or deceleration lane(s) only. If such an improvement is required for this access point, the Developer shall have the option to partially relocate or partially enclose the existing canal at its expense. The bridge or box culvert structure to be constructed under the four-lane condition for this access point shall either be built to accommodate the future six-lane condition or must be replaced at the time of six-laning at the Developer's expense. C. Access Point C, being the m6st northerly Access Point and closest to the intersection of Airport and Pine Ridge Roads, shall be limited to right turn in and right turn out only under both four-lane and six-lane conditions. Under a four-lane condition, a bridge or box culvert structure to provide access over the canal will be constructed at Developer's expense. In order for this Access Point to remain under the six-lane condition, an appropriate capacity analysis and design are required in addition to the possible enclosure of the canal between Pine Ridge and the driveway with a suitable structure If any additional canal enclosure is necessary to accommodate Project Entrance acceleration.and/or deceleration lane(s) (as opposed to canal enclosure accommodate the six-laning), the additional canal enclosure expense shall be at the Developer's expense. D. Access Point D, being the westerly most Access Point on Pine Ridge Road, shall be limited to right turn in and right turn out under both fou~-lane and six-lane conditions. E. Access Point E, being the easterly most Access Point on Pine Ridge and located opposite the entrance to the YMCA, shall be a full access, four way intersection, both under four-lane and six-lane conditions. 4. All Access Points shall have a throat length of seventy-five (75) feet for entry stacking. Traffic signal systems shall, be installed at Access Points B and E, at Developer's expense, as a condition of obtaining a certificate of occupancy for a major tenant in the commercial portion of the PUD, Developer shall receive reimbursement for fifty percent (50%) of the cost of the traffic signal system at Access Point B when the first building permit is issued for construction of the Falls PUD. Developer shall not receive any reimbursement for the cost of the traffic signal system at Access Point E. 5 With regard to the future six-lane rights-of-way as depicted on Exhibit "D" to the PUD, the setbacks specified in the PUD shall be applied as if the rights-of-way depicted on Exhibit "D" have already been conveyed to the County. Within the front twenty-five (25) feet of these setbacks, Developer may maintain land~cape buffering, parking, signage, lighting and water retention area.~. It is the mutual intent of the Developer and the County to minimize potential business damages if additional lands should be required for additional right-of-way or other public purposes in the future. Should the County require these additional lands, the lands shall be acquired on the basis of the following valuation: A. If such lands are acquired within seven (7) years of the date of PUD approval, the lands shall be conveyed at a price to be agreed upon between the Developer and the County based upon the fair market value of ~he land at the time of PUD approval, and the Developer shall be responsible for providing an appraisal of the fair market value as of the rezoning date; B. If such lands are acquired more than seven (~) years after the approval of the PUD, the lands shall be conveyed at a price to be agreed upon between the De~eloper and the County based upon the fair market value of the land at the time of PUD approval, plus an increase by five percent (5%) of such value per twelve (12) month period, prorated, for each such twelve (12) month period, or fraction thereof, after the end of the seventh (7) year following PUD approval; however, this valuation agreement shall only apply to the front twenty-five (25) foot buffer area and shall not apply to the remaining twenty-five (25) feet of setback area. 6. With regard to all rights-of-way, the Developer shall hav~ the right to maintain landscaping and signage on any und(~veloped portion thereof subject to the review and approval of the appropriate County agencies. Maintenance responsibilities for such landscaping and signage shall be the responsibility of the :Developer, and relocation of any signage shall be the responsibility of the Developer at such time as the right-of-way is required by the County for roadway or other public use development. 7. The Developer shall provide arterial level street lighting at all project Access Points. All traffic control devices shall conform with Manual.on Uniform Traffic control Devices as required by Chapter 316.0747, Florida Statutes 8. Required improvements which are si~e related as defined in ordinance 85-55, or as it may be amended or its successor ordinance, shall not be applied as credits toward road impact fees required by such Ordinance. Such improvements shall be in place prior to the issuance of any Certificates of Occupancy. 9. Unless exempted during the Preliminary Subdivision Plat process, the developer shall provide sidewalks/bike paths as required by the Land Development Code, except where the same is to be provided by the County during the Pine Ridge/Airport Roads intersection improvements or six-laning improvements. · STATE OF FLORIDA ) COUNTY OF COLLIER ) I, 3AMES G. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier Gounty, Florida, do hemeby certify that the foregoing is a true copy of: Ordinance No. 91-111 which was adopted by the Board of County Commissioners on thc: 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 23rd .. da~' of December, 1991. ?,' JAMES G. GILES Clerk of Courts and Clerk\T~~}'~$~ ~!.. Ex-officio to Board of .~':.'"~: · County Commissioners ~ · .- ' ' Deputy Clerk ', ' ' ." -' ~ ~' L'~, ~ ~, L~'''