Ordinance 90-026 ORDINANCE 90-_~6
AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
BY AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBER 48-25-5; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM A-2 TO "PUD" PLANNED UNIT
DEVELOPMENT FOR A COMMERCIAL DEVELOPMENT TO BE
KNOWN AS LAWMETKA PI2%ZA AT THE NORTHWEST CORNER
~QF INTERSECTION SR 45 (NEW US 41) AJqD WIGGINS
'.PASS ROAD (CR 865) LOCATED IN SECTION 16,
.~OWNSHIP 48 SOUTH, PJ%NGE 25 EAST, COLLIER
' ~i~OUNTY, FLORIDA, CONSISTING OF 34± ACRES; AND
'.:?BY._ PROVIDING AN EFFECTIVE DATE.
~WHEREAS, Frederick T. Barber III of Agnoli, Barber & Brundage,
Inc., representing Lawmetka Partnership, 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
property located in Section 16, Township 48, Range 25 , Collier
County, Florida,is changed from A-2 to "PUD" Planned Unit
Development in accordance with the PUD document attached hereto as
Exhibit "A" which is incorporated herein and by reference made part
hereof. The Official Zoning Atlas Map Number 48225-5, as described
in Ordinance Number 82-2, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effectiv~ upon receipt of notice
from the Secretary of State that this Ordihance has been filed with
the Secretary of State. ~
DATE: ~4arch 27, 1990 BOARD OF COUNTY COMMISSIONERS
COLLIER TY, FLORIDA
~s..c. GI'L~S, CLE~ ~X X. '~SSE,' ~., C~
,~PROVED AS TO'.~O~ ~D LEGAL SUFFICIENCY ~
MARJ~IE M. STUDEHT ~e~ of~at~'~ O~flc~__ ]'.'u ~
ASSIST~T COUNTY ATTO~EY ~~o{~~
R-89-23 PUD ORDINANCE flli~ ~e~ 9~~ ,
nb/2582 ~~/~~
34 ACRE
PLANNED UNIT DEVELOPMENT
LAWMETKA PLAZA
BY
LAWMETKA PARTNERSHIP
Prepared by
AGNOLI, DARBER & BRUNDAGE. INC.
7400 Tamiami Trail North
Naples, Florida 33963
(813) 597-3111
DATE: September, 1989
Date Issued
Date Approved by CCPC: Merch 15, 1990
Date Approved by B.C.C.: March 27, 1990
TABLE OF CONTENTS
PAGE
List of Exhibits and Tables .................................. i
SECTION I
Statement of Intent, Ownership, and
Description ............................................. 1
SECTION II
Project Development 4
SECTION III
Neighborhood Commercial (Development
Regulations) ............................................ 7
SECTION IV
Specialty Commercial (Development
Regulations ............................................. 10
~CTION V
Office Professional (Development
Regulations ............................................. 14
SECTION VI
Hotel/Motel (Development Regulations) ................... 16
SECTION VII
Signs ................................................... 18
SECTION VIII
Preserve District ....................................... 19
SECTION IX
Utility and Engineering Standards and Commitments ....... 21
SECTION X
Water Management Standards and Commitments .............. 23
SECTION XI
Transportation Commitments .............................. 24
LIST OF EXHIBITS AND TABLES
Exhibit "A" - Location Map
Exhibit "B" - Master Plan Map
Table I - Master Plan Land Use Reference
P.U.D. DOCUMENT
SECTION I
STATEMENT OF INTENT, OWNERSHIP AND DESCRIPTION
1.1 INTRODUCTION
It is the intent of this project to create an integrated
commercial development with a compatible mixture of commer-
cial land uses and open spaces. Lawmetka Partnership who has
unified control over the subject property, intends to commence
development of a mixed use activity center Planned Unit
Devolopmont (PUD). It is the intent of Lawmetka Partnership
to develop architecturally unified commercial establishments
on the concept of arrangement and unified management control.
The unified development approval under the PUD district
designation will ensure that the shopping center is
aesthetically pleasing and functionally efficient. It will
allow an officiunt pattorn of internal circulation to be
established and limited points of vehicular ingress and
egress. These functional and aesthetic advantages, which
cannot be provided in the conventional strip commer-cial
development configurations, have been maximized and shall be
sustained in the approval of this Planned Unit Development.
This Planned Unit Development shall be limited to specific
commercial uses which are compatible and inter-related to the
business operations of a community shopping center. It is the
interest of Lawmetka Partnership to continue development in
accordance with the regulations of this Planned Unit
Development.
1.2 PURPOSE
The purpose of this document is to set forth guideline~ for
development standards and to set forth the guidelines for
future development of the Lawmetka Plaza Planned Unit Devel-
opment.
1.3 LEGAL DESCRIPTION
All that part of the Southeast 1/4 of the Northeast 1/4 of
Section 16, Township 48 South, Range 25 East, Collier County,
Florida lying westerly of right-of-way of S.R. 45 (New U.S.
41), Collier County, Florida.
1.4 PROPERTY OWNERSHIP AND STATEMENT OF UNIFIED CONTROL
The property is owned and under the unified control of
Lawmetka Partnership, a General Partnership.
1.5 SITE DESCRIPTION
This site is located on the West side of S.R. 45 (New U.S.
41) at the Northwest corner of the intersection of S.R. 45
(New U.S. 41) and Wiggins Pass Road (CR 888). Access to the
property will be via two entrances on S.R. 45 (New U.S. 41)
and one entrance from Wiggins Pass Road (CR 888).
Th~ site 1~ gel%~rally flat and naturally drains east/west.
There are also two wetland areas on the property: one is
located in the Northwest corner of the property and is
approximately 2.0 acres in size; the other is located in the
center of the property, runs east to west and is approxi-
mately 6.0 acres in size. The wetlands are vegetated by Pine
flatwoods and other indicator species. Exotic species infest
the project to a varying degree; from heavy (with mature dense
stands of trees) to light (with saplings).
1.6 STATEMENT OF COMPLIANCE WITH THE GROWTH MANAGEMENT PLA~
The development of Lawmetka Plaza as a Planned Unit Develop-
meat is in compliance with the planning goals and objectives
of Collier County's Growth Management Plan and complies with
pertinent implementing ordinances. The project can be meas-
ured for compliance with goals and objectives of the plan as
evaluated in the review process. Compliance with specific
parts of the plan includes the following:
Future Land Use Element
Compliance with the goal requiring well planned and compati-
ble land uses and objectives which establish density levels
are designated in the plan. The proposed project furthers
these standards including the use of creative PUD design.
Compliance with mixed use and compatibility standards for
activity centers as established in the future land use
element.
Conservation and Coastal Management Element
Compliance with Goal 6 and associated objectives and poli-
cies related to preservation of naturally functioning wet-
lands and preservation of natural habitat in project design.
Compliance with Goal 7, conservation of wildlife.
Compliance with the goals of protection of public health,
safety and welfare and associated objectives by providing
adequate water and sewer facilities and complianc~ with the
drainage goal for protection from flooding by water manage-
ment design. Compliance with level of service standards for
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the design of public facilities.
Compliance through the provision of open space preserves.
Compliance with adopted level of servicu standards and
obJQctivo~ aud policio8 rolatod to impact mitigation by
agreements regarding access and traffic improvements.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the Lawmetka Plaza
plannod unit dQVQlOpment.
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to set forth development
regulations and to generally describe the project development
plan.
2.2 GENERAL
A, DQv~lopm~nt of this proJQct 8hall be govQrn~d by th~
contents o~ this document and applicable sections of the
Collier County Zoning Ordinance and other land
development regulations of Collier County in effect at
the time Building permits are issued where standards are
not specifically set forth herein.
B. The project development plan will not exceed the maxi-
mum square footage of any of the use categories sup-
ported by the market analysis and iljustrated on the
Conceptual Master Land Use Plan, but will allow certain
latitude in the square footage developed, within the
listed categories as market demand dictates.
C. Unless otherwise noted, the definitions of all terms
shall be the same as the definitions set forth in the
Collier County Zoning Ordinance or other applicable
ordinances.
2.3 PROJECT PLAN
A. The project development plan is represented by the PUD
Conceptual Master Land Use Plan. As each phase is
developed the development plan will provide for an
integrated mixture of wetland areas, landscaping and
water management areas.
B. In addition to the plan elements shown on the PUD Con-
ceptual Master Land Use Plan such easements and rights-
of-way shall be established within or adjacent to the
project site as may be necessary or desirable for the
service, function, or convenience of the project.
2,4 PLAN APPROVAL
A. The Conceptual Land Use Master Plan constitutes the
required PUD Development Plan. Subsequent or concur-
rent with PUD approval a Subdivision Master Plan shall
be submitted of the entire area included in the Master
Plan. Subdivision tract boundaries for wetland pre-
serves may not include buffer areas outside of and
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adjacent to wetland designated preserves. Ail division
of property and the development of land shall be in
compliance with Subdivision Regulations. Exceptions to
these Subdivision Regulations may be considered in the
Subdivision Master Plan (SMP) application.
B. The provisions of Section 10.5 of the Zoning Ordinance
shall apply to the development of all platted tracts or
parcels of land as provided in said Section 10.5 to the
issuance of a building permit or other development order.
2.5 SITE DEVELOPMENT AND REVISIONS
The project shall be platted in accordance with Collier County
Subdivision Regulations to define the right-of-way (ROW) and
tracts as shown on the P.U.D. Master Plan, unless ownership
is to remain with one entity (no fee simple selling of lots
or tracts) and a Site Development Plan (SDP) is submitted for
approval for tho entire area sncompas~ed by thm P.U.D. Mastor
Plan.
If a plat is to be recorded on this project, the following
must occur prior to development of any individual parcel,
tracts or lots:
a. A SMP over the entire P.U.D. must be submitted and
approved in accordance with the County Subdivision
Regulations.
b. Construction plan and plat for either the entire P.U.D.
or that portion proposed for initial construction must
be submitted and approved.
Development of any platted tract or parcel shall be required
to do the following:
a. The developer of any platted tract or parcel which is
not intended to be further subdivided, shall be requirmd
to ~ubmit and receive approval of s prsliminary sits plan
in conformance with the requirements established within
Section 10.5 of the Zoning Ordinance, prior to the
submittal of a final site plan.
b. The developer of any platted tract or parcel which is
intended to be further subdivided shall be required to
submit and receive approval of a Subdivision Master Plan
for that tract in conformance with requirements
established with Article IX of the Subdivision Regula-
tions, if the original SMP did not show specific
development within that tract or parcel. Then, con-
struction plans and a plat shall be submitted and
approved.
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2.6 RECORD PLAT APPROVAL REQUIREMENTS
Prior to recording of the final plat, final plans for the
required improvements shall receive the approval of the Zoning
Director and appropriate other Collier County Departments and
Officials to insure compliance with the project Conceptual
Master Land Use Plan. Platting laws of the State of Florida
and the Collier County Subdivision Regulations in effect at
the time of construction plans approval will govern future
subdivisions where standards are not specifically set forth
herein.
2.7 STREETS
All project streets shall be private at the option of the
developer.
2.8 IMPACT FEES
The project shall be subject to all lawfully adopted impact
fees applicable to it at the time of construction plans
approval. In the event future impact fees are adopted to
assist with school, fire, or other public services financ-
ing, such fees shall be applicable to the project in accord
with the terms of the adopted impact fee ordinances in effect
at the time of construction plans approval.
2.9 PROJECT START UP AND COMPLETION
It is anticipated that initial development of the project will
begin one year after adoption of PUD ordinance, and the
anticipated completion date of the project will generally
occur over a five year period or by 1995. Such dates are
merely estimates and the actual commencement and completion
date(s) may be affected by marketing and planning considera-
tions.
2.10 Landscape Buffer
The Developer agrees and commits that a twenty (20) foot
buffer and landscape area shall be established on the north
and west sides of Wiggins Pass Road and U.S. 41 respectively.
SECTION III
NEIGHBORHOOD COMMERCIAL
PURPOSE
purpose of this Section is to set forth the regulations
the area designated on the Land Use Plan as Neighborhood
Commercial.
Neighborhood Commercial area is intended to meet the local
neighborhood shopping and personal service needs of the
surrounding residential area. Retail stores permitted are
intended to include primarily convenience goods which are
usually a daily necessity for the residential neighbor-hood.
PERMITTED
building or structure, or part thereof, shall be erected,
altered or used, or land or water used, in whole or in part,
other than the following:
Principal Uses:
1. Automobile Dealership, sales and service -
outside display permitted
2. Automobile servico stations without repairs in
accordance with applicable zoning regulations
3. Bakery shops - including baking only when
incidental to retail sales from the premises
4 Banks and financial institutions
5 Barber and beauty shops
6 Bicycle sales and service
7 Boat sales and service - outside display permitted
8 Bookstores
9 Cocktail Lounge
10 Delicatessens
11 Drug Stores
12 Dry cleaning
13 Family apparel shops
14 Florist shops
15 Food Markets
16 Gift Shops
17 Hardware stores
18 Ice Cream Shops
19. Laundries, self-service only
20. Liquor stores
21. Meat markets
22. Medical and dental clinics
23. Music store
24. Post offices
25. Professional offices
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26. Repair shops - Radio, T.V., small appliance~ shoe
27. Restaurants
28. Shopping Center
~" 29. Supermarkets
~, 30. Any other commercial use or professional service
which is comparable in nature with the foregoing
uses and which the Director determines to be com-
patible in the district
31. Water management facilities and lakes
B. Permitted Accessory Uses and Structures
1. Accessory ur]us and structures customarily associ-
ated with the uses permitted in this district.
3.3 MINIMUM LOT AREA
None
3.4 MINIMUM LOT WIDTH
~.~ None
~' 3.5 MINIMUM YARD REQUIREMENTS
A. From Project Perimeter boundary lines - thirty-five (35)
feet.
From internal tract boundary lines - twenty (20) feet.
? B. Distance between principal buildings shall be a minimum
of fifteen (15) feet or one-half (1/2) the sum of the
heights of the two buildings, whichever is greater.
3.6 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES
1000 square feet per building on the ground floor except that
free-standing specialty structures of nationally recognized
standard size less than 1000 square feet shall be permitted
when site plan approval has been received.
3.7 MAXIMUM HEIGHT
Thirty-five (35) feet above the finished grade.
3.8 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIRE-
MENTS
As required by the Zoning Ordinance at the time permits are
requested.
038 179
~.9 MINIMUM LANDSCAPING REQUIREMENTS
As required by the Zoning Ordinance of Collier County.
3.10 LIGHTING
Lighting facilities shall be arranged in manner which will
protect roadways and neighboring properties from direct light.
3.11 STORAGE
Unle~m specifically permitted by cortain uses, there shall be
no outside storage or display of merchandise.
3.12 UTILITY AREA
Utility areas, including trash receptacles, shall be com-
pletely screened from the view of customers and adjacent
property owners to a height of 6 feet above finished grade.
SECTION IV
SPECIALTY CO~4ERCIAL
~ 4,0 PURPOS~
The purpose of this Section is to set forth the plan and
regulations for the Areas designated on the Land Use Plan, as
SDecialty Commercial.
4.1 USES PERMITTED
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, Principal
1. Antique Shops
2. Art studios
3. Art supply shops
4. Automobile Dealership, sales and service - outside
{<~ display pormitted
~" 5. Automobile parts stores
6. Automobile service station without repairs in
accordance with applicable zoning ordinances
7. Awning shops
8. Bakery shops
9. Banks and financial institutions
l0 Barber and beauty shops
11 Bath supply storc~s
12 Bicycle sales and services
13 Blueprint shops
14 Boat sales and service - outside display permitted
15 Bookbinders
16 Book stores
17 Business machine service
18 Carpet sales - not including storag~ or
l]~tnlXatlol~
19. Child care center subject to site plan approval
20. Churches and other places of worship subject to
site plan approval
21. Clothing stores
22. Cocktail lounges
23. Commercial recreation uses
24. Commercial schools
25. Confectionery and candy stores
i: ~6. Policatosssns
27. Drug Stores
28. Dry cleaning shops
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29. Dry goods stores
30. Florists shops
31. Funeral Homes
32. Furniture Stores
~3. Furrier shops
34. Garden supply stores - outside display in rear
35. General offices
36. Gift shops
37. Glass and mirror sales - not including on premise
installation
38. Gourmet shop
39. Hardware stores
40. Hat cleaning and blocking
41. Health food stores
42 Hobby supply stores
43 Hotels
44 Ice cream stores
45 Interior decorating showrooms and office
46 Jewelry stores
47 Laundries, self-service only
48 Leather goods
49 Liquor stores
50. Locksmith
51. Markets, food
52. Markets, meat
53. Medical clinics
54. Millinery shops
55. Motels
56. Movie Theaters
57. Music stores
58. News stores
59. Office supply stores
60 Paint and wallpaper stores
61 Pet shops
62 Pet supply shops
63 Photographic equipment stores
64 Pottery stores
65 Printing, publishing and mimeograph service
66 Professional offices
67 Shoe repair
68 Shoe stores
69. Shopping centers
70 Souvenir stores
71 Stationery stores
72 Supermarkets
73 Tailor shops
74 Taxidermists
75 Tile sales - ceramic tile
76 Tobacco shop~
77 Toy shops
78. Tropical fish stores
79. Variety mtore~
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80. Vehicle rental - automobiles only
81. Veterinarian offices and clinics - no outside
k~nneling
82. Watch and precision instrument repair shops
83. Drapery shops
84. Upholstery shops
85. Bait and tackle shops
86. Any other commercial use or professional service
which is comparable in nature with the foregoing
uses and which the Director determines to be com-
patible in the district
87. Water management facilities and lakes
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associa-
ted with the uses permitted in this district.
4.3 MINIMUM, LOT AREA
None
4.4 MINIKUM LOT WIDTH
None
4.5 MINIM73M YARD REQUIREMENTS
A. From Project Perimeter boundary lines - thirty-five (35)
feet. From internal tract boundary lines - twenty
feet.
B, Distance between principal structures shall be a minimum
of fifteen (15) feet or one-half (1/2) the sum of the
heights of the two buildings, whichever is greater.
4.6 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE
A. 1000 square feet per building on the ground floor except
that free standing specialty structures of nationally
recognized standard size less than 1000 square feet shall
be permitted when site plan approval has been received.
B. The minimum living area of any hotel or motel unit per-
mitted by this ordinance shall be three hundred (300)
square feet. There shall be no maximum square footage.
4.7 MAXIMUM HEIGHT
Fifty (50) feet above finished grade
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< 4.8 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIRE-
MENTS
As required by the Zoning Ordinance at the time permits are
requested.
4.9 MINIMUM LANDSCAPING REQUIREMENTS
As required by the Zoning Ordinance of Collier County.
4.10 MERCHANDISE STORAGE AND DISPLAY
Unless specifically permitted by certain uses, there shall be
no outside storage or display of merchandise.
4.11 LIGHTING
Lighting facilitiQs shall be arranged in manner which will
protect roadways and neighboring properties from direct
SECTION V
OFFICE PROFESSIONAL
5.0 PURPOSE
The purposo of this Section is to set forth the regulations
for the area designated on the Land Use Plan as Office Pro-
fessional.
The Office Professional area is intended to meet the local
personal service needs of the surrounding residential area.
Uses permitted are intended to include primarily profes-
sional and general offices which are usually a daily neces-
sity for the residential neighborhood.
5.1 USES PERMITTED
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. Principal Uses:
1. Art studios.
Banks; Financial Institutions.
3 Business and Professional Offices.
4 Customer Service Extension offices.
5 Express Offices.
6 Health, Fitness Centers.
7 Insurance Company.
8 Library.
9 Medical offices for humans.
10. Post Office.
11. Radio and Television Stations.
12. Real Estate Offices.
13. Recruiting offices.
14. Travel Agencies.
15. Title Company.
16. Any other professional service which is comparable
in nature with the foregoing uses and which the
Director determines to be compatible in the
district.
B. Permitted Accessory Uses and Structures.
1. Accessory uses and structures customarily associ-
ated with the uses permitted in this district.
5.2 MINIMUM LOT AREA
None
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5.3 MINIMUM LOT WIDTH
None
5.4 MINIMUM YARD REQUIREMENTS
A. From Project Perimeter boundary lines - thirty-five (3§)
feet. From internal tract boundary lines - twenty (20)
feet.
B. Distances between principal structures shall be a minimum
of fifteen (15) feet or one-half the sum of the heights
of ti%e two buildings, whichever is greater.
5.5 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES
1000 square feet per building on the ground floor except that
free-standing specialty structures of nationally recognized
standard size less than 1000 square feet shall be permitted
when site plan approval has been received.
5.6 MAXIMUM HEIGHT
Fifty (50) feet above the finished grade.
5.7 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING MINIMUM
REQUIREMENTS.
Aa required by tl~o Zoning Ordinance at tho time permits are
requested.
M NI UM L,',NDSCAPING REQUIREMENTS
As required by the Zoning Ordinance of Collier County.
5.9 LIGHTING
Lighting faailitio~ ahall be arranged in manner which will
protect roadways and neighboring properties from direct light.
5.10 STORAGE
There shall be no outside storage or display of merchandise.
5.11 UTILITY AREAS
Utility areas, including trash receptacles, shall be corn-
pl.tely screened from the view of customers and adjacent
property owners to a height of six (6) feet above finished
grade.
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SECTION VI
HOTEL/MOTEL
6.0 PURPOSE
The purpose of this Section is to set forth the plan and
regulations for the areas designated on the I,and Use Plan, as
HOtel/Mot.1.
6.1 USES PERMITTED
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. Principal Uses:
1. Hotel
2. Motel
3. Homos for tha agod
4. Hospices
5. Adult/child care centers
6. Convalescent centers
7. Nursing homes
8. Rest homes
9. Sanitariums
10. Adult Congregate Living Facility
11. Any other use which is comparable in nature with
the foregoing uses and which the director deter-
mines to be compatible in the district.
B. Permitted Accessory Uses and Structures.
1. Accessory uses and structures customarily associ-
ated with the uses permitted in this district.
6.3 MINIMI/M LOT A.REA
None
6.4 MINIMUM LOT WIDTH
None
6.5 MINIM//M YARD REQUIREMENTS
A. From Project Perimeter boundary lines - thirty-five (35}
feet. From internal tract boundary lines - twenty (20)
feet.
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B. Distance between principal structures shall be a minimum
of fifteen (15) feet or one-half the sum of the heights
of the two buildings, whichever is greater.
6.6 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES
1000 square feet per building on the ground floor ~×copt that
free-standing specialty structures o~~ nationally recognized
standard size less than 1000 square feet shall be permitted
when site plan approval has been recefved.
6.7 MAXIMLrM HEIGHT
Fifty (50) feet above the finished grade.
6.8 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIRE-
MENTS
As required by the Zoning Ordinance at the time permits are
requested.
6.9 MINIMUM LANDSCAPING REQUIREMENTS
As required by the Zoning Ordinance of Collier County.
6.10 LIGHTING
Lighting facilities shall be arranged in manner which will
protect roadways and neighboring properties from direct light.
6.11 STORAGE
There shall be no odtsido storage or display of merchandise.
6.12 UTILITY AREAS
Utility areas, including trash receptacles, shall be com-
pletely screened from the view of customers and adjacent
property owners to a height of 6 feet above finished grade.
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SECTION VII
SIGNS
Advertising signs shall be located and permitted in a manner
consistent with the Collier County sign Ordinance 89-60 with the
following exception, which is in addition to all otherwise per-
mitted signs:
Platted interior tracts are permitted 2 ground signs at
the tract entrance not to exceed a total of 120 square
feet at each tract entrance.
SECTION VIII
PRESERVE AREA
8.1 PURPOSE
The purpose of the preserve area is to preserve and protect
vegetation in its natural state. The purpose of this Section
is to set forth the Dian and regulations for the area
designated as Preserve Area. Specific preserve areas are
located on the Conceptual Land Use Master Plan map.
8.2 USES PERMITTED
No building or structure or part thereof ~hall be erected,
altered or used, or land used, in whole or in part, for other
than the following:
A. Principal Uses:
1. Open space/natural preserves
2. Passive recreation limited to nature trails and
boardwalks with overlooks. There shall be no more
than two boardwalks in the Preserve Area.
8.3 ENVIRONMENTAL STANDARDS AND CO~4ITMENTS
A. All development is subject to Ozdinance No. 75-21 as
amended by Ordinance No. 89-58 (preservation of nature
habitat and tree removal permit).
B. Pursuant to Ordinance No. 89-58 and Collier County
Growth Management Plan Goal 6, Objective 6.2, Policies
6.2.2, 6.2.7, 6.2.9, 6.2.13, 6.2.14, and Objective 6.4,
Policy 6.4.7 there shall be no unacceptable net loss of
viable naturally functioning fresh water wetlands and
twenty-five percent (25%) of the existing natural habi-
tat shall be retained in preserve ar~as. Both the slough
and hardwood hammock shall be designated as pre-serve
areas and together shall total 8.4 ~.cres. This presurve
area along with designated buffer areas satisfies the
foregoing ordinances and goals, objectives, and policies
for the entire project.
C. The slough shall be bordered by a Suffer zone having a
minimum width of twenty (20) feet on both sides. The
hardwood hammock shall also be bordered along its
southern edge by a buffer z¢.ne having a minimum width of
twenty (20) feet.
D. Pursuant to Collier County Growth ~.~anagement Plan Goal
7, Objective 7.3, Policies 7.3.4 ~,nd 7.3.5, the peti-
tioner shall retain gopher tortoises on site or shall
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relocate them according to Florida Game and Fresh Water
i! Fish Commission (FGFWFC) protocol after contacting and
receiving approval from the FGFWFC.
E. PetitiOner shall be subject to ordinance No. 82-37 as
amended by ordinance No. 89-53 (removal of exotic
species).
F. Petitioner shall be subject to Ordinance No. 89-57 (use
of native species in landscaping).
G. If, during the course of site clearing, excavation, or
other construction activities, an archeological or his-
torical site, artifact, or other indicator is discov-
ered, all development at that location shall be immedi-
ately stopped and the Natural Resources Management
Department or a designated consultant shall be notified
and given an opportunity to assess the find and deter-
mine the proper course of action in regard to its
salvageability. The Natural Resources Management
Department will respond to any such notification in a
timely and efficient manner so as to provide only a
minimal interruption to any construction activities.
SECTION IX
UTILITY AND ENGINEERING STANDARDS AND COHMITMENTS
9.0 PURPOSE
The purpose ~of this Section is to set forth the general
standards and commitments for development of the project.
A. Water & Sewer:
1. Water distribution, sewage collection and trans-
mission and interim water and/or sewer treatment
facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in
accordance with Collier County Ordinance No. 88-
78, as amended, and other applicable County rules
and regulations.
2. All customers connecting to the water distribution
and 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. Should the County not be in a
position to provide water and/or sewer service to
the project, the water and/or sewer customers shall
be customers of the interim utility established to
serve the project until the County's off-site water
and/or sewer facilities are avail-able to serve the
project.
3. The on-site water distribution system to serve the
project must be connected to the District's 16 inch
water main on the west side of U.S. 41, ex- tended
westward to the east boundary line of the project
consistent with the main sizing require- ments
specified in the County's Water Master Plan. The
coordination for the location and sizing of the main
extension shall be processed through the County
Utility Division. During design of these
facilities, the following features shall be incor-
porated into the distribution system:
a.Dead end mains shall be eliminated by looping
the internal pipeline network.
b. Stubs for future system interconnection with
adjacent properties shall be provided to the
west, and the south property lines of the
project, at locations to be mutually agreed to
by the County and the Developer during the
design phase of the project.
21
/
4. The existing off-site water facilities of the Dis-
'~- tract must be evaluated for hydraulic capacity to
serve this project and reinforced as required, if
necessary, consistent with the County's Water Master
Plan to insure that the District's water system can
hydraulically provide a sufficient quantity of water
to meet the anticipated demands of the project and
the District's existing commit-ted capacity.
5. The existing off-site sewaged transmission facili-
ties of the district must be evaluated for hydrau-
lic capacity to serve this project and improved as
required outside the project's boundary to provide
adequate capacity to transport the additional
wastewater generated without adverse impact to the
e×isting transmis~ion facilities.
B. ENGINEERING
1. Detailed paving, grading, 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 con-struction in
accordanced with the submitted plans is granted by
Project Review Services.
2. Design and construction of all improvements shall
be subject to compliance with the appropriate pro-
visions of the Collier County Subdivision Regula-
tions.
3. Work within Collier County right-of-way shall meet
the requirements of Collier County right-of-way
Ordinance 82-91.
4. The project shall be platted in accordance with
Collier County Subdivision Regulations to define
the right-of-way and parcels as shown on the
Conceptual Land Use Master Plan.
5. At the time of building permit submission, a Florida
Department of Transportation right-of-way permit
shall be provided.
6. The local street for this project shall be
signed according to the typical section for minor
collector streets as required of the Subdivision
Regulations to be determined at time of Subdivi-
sion Master Plan approval.
SECTION X ':
WATER MANAGEMENT STANDARDS A~D COMMITMENTS
10.0 PURPOSE
The purpose of this Section is to outline the general
requirements which will be accommodated by the project's water
management system,
A. Detailed site drainage plans will 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. Florida Department of Transportation approval shall be
submitted prior to construction plan approval identify-
ing that the 40' drainage easement is adequate to
accommodate a ditch to carry the drainage from U.S. 41
and surrounding areas.
C. A copy of the South Florida Water Management District
permit or Early Work permit is required prior to con-
struction plan approval.
D. A copy of the Jurisdictional Agency(s) permit allowing
the use of wetlands for water management is rmquired
prior to construction plan approval.
SECTION XI
TRANSPORTATION COM]4ITMENT$
ll,0
A. ' Subject to Florida Department of Transportation approval,
~ the developer shall provide left and right turn lanes on
Tamiami Trail at both project accesses. Should any of
the required turn lanes be constructed due to other
development activity in the area prior to completion of
this project, the develoDer shall provide a fair share
reimbursement of the cost of such con- struction. The
Florida Department of Transportation and Collier County
each reserve the right to control median openings, both
existing and future, and to limit access points to right
turns in and right turns out.
'~' B. The developer shall provide left and right turn lanes on
Wiggins Pass Road at the project entrance.
C. All road access points requiring turn lanez and use of
existing right-of-way shall provide for compensating
right-of-way dedication.
D. Existing drainage easements, future drainage easements,
and planned preserve areas shall remain available to
Collier County and Florida Department of Transportation
for future roadway water management purposes subject to
appropriate capacity controls and operating controls.
The responsibility for maintenance of such areas shall
remain with the developer/owner and/or assignees.
E. The northern access on Tamiami Trail shall be in align-
ment with Old U.S. 41 (CR 887). The developer shall be
responsible for any and all costs incurred in modifying
the traffic signal installation st Old U.S. 41 so as to
accommodate the project.
F. The road impact fees shall be in accordance with the fee
structure set forth in Ordinance 85-55, or as may be
amended, less allowances for "captured" traffic, and
shall be paid at the time building permits ars issued
unless otherwise approved by the Board of County Com-
missioners.
G. All required access improvements shall be in place before
any certificates of occupancy are issued and shall not
i. be subject to impact fee credits.
All traffic control devices used shall conform with
roquiramont~ of tha ~Ua! on_Uniform Tra£fl~ Control
24
?" ' 195
:" 098
!
Devices as required by Chapter 316.0747, Florida
Statutes.
I. Individual parcels within the project, including any out
parcels, shall be accessed via the internal road system.
None shall have direct access to Tamiami Trail or Wiggins
Pass Road. The location of the access point into each
tract form the internal road system shall be subject to
Ordinance 82-91.
J. Parcel B-1 may be expanded in size but not density only
if the potential futura access to the northern adjacent
property is not provided.
:
25
STATE OF FLORIDA )
COUNTY OF COLLIER
I, SAMES C. GILES, Ciu'rk of Courts in and for the
Twent'.e',h Judlc;al Circuit, Col'let County, Florida, do
hereby certlf¥ that
Ordinance No. 90-26
~d:ich was adopted by the Board of County Commissioners on
the -~?tk day of 5~arch, 1990, during Regular Session.
WITNESS my hand and the official seal of the Board of
,~. County Comm~ssioners of Collier County, Florida, ~his 4~h
/1.'. day of April, 1990.
..... ,.~ JAM~$ ¢. OILE~ ',~"" , ~"'"
· · .' ~¢~, ,' .
t:.'. Clerk of Courts and Clesk.. ,-..L%.. "'"
~t:: Ex-officio to Board o~: .. ~.' .' ..:.
~ County Commissioners .~. ~ · ..': :'-~
'?.2.."...u ..'~..
Deputy Clerk ...
CPi%CO
PROJECT
" LOCATION