Ordinance 90-057 ORDINANCE 90- 57
AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 ~THE
~ COMPREHENSIVE ZONING REGULATIONS FOR THE
~4~UI~INCORPORATED AREA OF COLLIER COUNTY, FLORIDA
'V '%~,~Y AMENDING THE OFFICIAL ZONING ATLAS MAP
_ ~UMBER 48-30; BY CHANGING THE ZONING
%~ ~ ~IT DEVELOPMENT KNOWN AS PRICE PUD FOR
" - <~ONVENIENCE/COMMERCIAL FACILITIES AND '
'~_~%%O~/CORNER OF CR-858 (OIL WELL ROAD) AND SR-29,
~ LOCATED IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE~q
30 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 18± ACRES; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Robert L. Duane of Hole, Montes and Associates, Inc.,
represmnting John E. Price Jr., 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 17, Township 48 South, Range 30 East , Collier
County, Florida,is changed from A-1MH-ACSC/ST 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
hsreof. The Official Zoning Atlas Map Number 48-30, as described in
Ordinance Number 82-2, is hereby amended accordingly.
This Ordinance shall become 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 19th day of JUNE , 1990.
:'.:~' · ........... BOARD OF COUNTY COMMISSIONERS
..~ ,,3 ."~ ~ ".. COLLIER COUNTY, FLORIDA
JAM'ES C¥:.'GIL~" ~LERY~ MAX X. HASSE, 'Jif., CHAPter'lAN
, . ."..' .i:. / .. ·
APPROVED AS TO FORM AND LEGAL SUFFICIENCY Thl~ ~Ino,~ lil~d
STUDENT
ASSISTANT COUNTY ATTORNEY b0~ 397~,~,[
R-90-04 PUD ORDINANCE ~ I ~'~¢~-~'~-"
nb/2626
THE "PRICE 'PUD"
PLANNED UNIT DEVELOPMENT
HMA FILE NO. 89.83
Prepared By
Hole, Montes & Associates, Inc.
715 10th Street South
Naples, Florida 33940
June 19, 1990
Exhibit "A"
39
:
SECTION I
STATEMENT OF COMPLIANCE 1 2
e · e · e i ~ e ~ i e e · · ! · · · · · · · · ~ · · · --
SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION,
SHORT TITLE AND STATEMENT OF UNIFIED CONTROL ....... 3
SECTION III
STATEMENT OF INTENT AND PROJECT DESCRIPTION ........ 4-5
SECTION IV
GENERAL DEVELOPMENT REGULATIONS .................... 6-9
SECTION V .
VIRO ENTAL STAND,mOS ............................
SECTION VI
TRANSPORTATION REQUIREMENTS ........................ 12-13
SECTION VII
UTILITIES REQUIREMENTS ............................. 14
SECTION VIII
WATER MANAGEMENT REQUIREMENTS 15 16
LIST OF ATTACH~ENT~
ATTACHMENT A: CONCEPTUAL PUD MASTER PLAN
ATTACHMENT B: CONCEPTUAL SITE DEVELOPMENT PLAN
ATTACHMENT C: LEGAL DESCRIPTION
39 298
SECTION I
STATEMENT OF COMPLIANCE
The development of this project will be in substantial compliance
with the planning goals and objectives of Collier County and the
State of Florida. This compliance includes:
1. The subject property is located in an area delineated as the
Big Cypress Area of Critical State Concern. As such,
development and water management patterns will adhere to the
provisions, pertinent to this project, set forth in the
Collier County Growth Management Plan and the Zoning Ordinance
of Collier County.
2. The subject tract is located near the northeast corner of the
county Road 858 and State Road 29 interchange. The lack of
convenience commercial facilities in this area recognizes the
strategic location of this site and allows this site superior
access for the placement of this commercial activity.
3. This ~project will be in compliance with applicable County
Regulations and the Florida Administrative Code governing
development within the Big Cypress Area of Critical Concern.
4. The project will be served by a complete range of services and
utilities, as approved by Collier County.
5. This project will serve to compliment the Area of Concern
through superior site design, utilities placement and water
control structures to allow for minimal or no impact upon this
area.
6. This Planned Unit Development includes open spaces and natural
features, which are preserved from future development in order
to enhance their natural functions and to serve as project
amenities.
7. These regulations will provide a land and water management
system that will preserve water quality, provide for optimum
utilization of limited water resources of the area, facilitate
orderly and well planned development and protect the health,
safety, and welfare of the citizens of Collier County and the
State of Florida.
8. Compliance:with Collier County Growth Management Plan:
A. The Dro~ect is 2.5 acres or less in si~e.
Although this Planned Unit Development is 18± acres, the
actual developed site will be 1.8± acres with the
remaining 16.2± acres to continue in agricultural use.
As such, this development meets this 2.5 acre or less
criteria.
B. The pro4ect is no closer than 5 miles from the nearest
~>~' developed commercial area zoned co~nercial area or
'~" designated Activity Center (measured by radial distance~
This project, located at S.R. 29 and County Road 858, is
some eight miles north of S.R. 84, ten miles south of
Immokalee and 25 miles east of Immokalee Road. The
remote location of this site is the basis for the
proposed commercial use in this area.
C. The proposed uses are considered lowest order goods and
services:
The uses proposed on this site are a combined automobile
service station, convenience food store, and
delicatessen. These uses are allowed in the C-2 district
and meet the criteria for lowest order goods and/or
services.
D. The project is located on an arterial or collector
This site is near the intersection of the two major
highways in this region which serve as arterial roadways
and, hence, meet this criteria.
E. The project is buffered from adPacent properties:
The 16.2± acres surrounding this 1.8~ acre site will be
left in its natural state and will serve as a buffer to
adjacent properties.
SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPT'~'ON, SHORT TITLE
AND STATEMENT OF UNIFI~.D CONTROL
2.1 PROPERTY OWNERSHIP
The subject property is currently owned by:
John E. Price, Jr.
2.2 LEGAL DESCRIPTION
The subject property is described in Attachment C.
This ordinance shall be known and cited as the "Price Planned
Unit Development Ordinance".
2.4 STATEMENT OF UNIFIED CONTROL
It is the intent of John E. Price, Jr., to develop a Planned
Unit Development of approximately 18+ acres of property at the
northeast corner of County Road 858 and State Road 29 in
Collier County, Florida. This statement represents that John
E. Price, Jr., currently has the subject property under
unified control for the purpose of obtaining PUD zoning.
Development of this Planned Unit Development will comply with
the submitted Planned Unit Development Regulations and any
conditions thereof approved in conjunction with the Rezone
Petition as described and agreed to within the PUD Document.
:
SECTION III
STATEMENT OF INTENT AND PROJECT DESCRIPTION
?;~. . It is the developer's intent to establish a Planned Unit
Development. It is the purpose of this document to set forth
flexible guidelines for the future development of the project
that meet accepted planning principles and practices.
3.2 PROJECT DESCRIPTIO~
This project shall encompass two tracts. Tract I will serve
as a site for a commercial convenience facility to serve this
area and the general public. Tract II shall be designated an
area to meet the intent of the guidelines for land
preservation and development in the Big Cypress Area of
Critical State Concern.
· :" 3.3 PLAN APPROVAL
:::' A. Should this development meet the definition of a
subdivision, as defined in the Subdivision Regulations,
then development of this project shall be pursuant to the
Subdivision Regulations for Collier County.
B. The Developer shall submit a site plan for Site
Development Plan review and approval prior to applying
for a building permit.
c. This petition shall comply with all paragraphs of Section
9.8 of the Collier County Zoning Ordinance 82-2, as
amended.
D. This petition shall comply with Chapter 27F-3, Florida
Administrative Code, "Boundary and Regulations for the
Big Cypress Area of Critical State Concern".
E. Per Chapter 9J-l, Florida Administrative Code, and
Section 380.07(2), Florida Statutes, this project shall
be reviewed and approved by the State of Florida
Department of Community Affairs before the development
order can become final.
F. Site alteration shall be limited to 10% of the total site
size, or 1.8 acres. Non-permeable surfaces shall not
exceed 50% of the development area.
~ 4
· 302
SECTION III
STATEMENT OF INTENT AND PROJECT DESCRIPTION
?;~. . It is the developer's intent to establish a Planned Unit
Development. It is the purpose of this document to set forth
flexible guidelines for the future development of the project
that meet accepted planning principles and practices.
3.2 PROJECT DESCRIPTIO~
This project shall encompass two tracts. Tract I will serve
as a site for a commercial convenience facility to serve this
area and the general public. Tract II shall be designated an
area to meet the intent of the guidelines for land
preservation and development in the Big Cypress Area of
Critical State Concern.
· :" 3.3 PLAN APPROVAL
:::' A. Should this development meet the definition of a
subdivision, as defined in the Subdivision Regulations,
then development of this project shall be pursuant to the
Subdivision Regulations for Collier County.
B. The Developer shall submit a site plan for Site
Development Plan review and approval prior to applying
for a building permit.
c. This petition shall comply with all paragraphs of Section
9.8 of the Collier County Zoning Ordinance 82-2, as
amended.
D. This petition shall comply with Chapter 27F-3, Florida
Administrative Code, "Boundary and Regulations for the
Big Cypress Area of Critical State Concern".
E. Per Chapter 9J-l, Florida Administrative Code, and
Section 380.07(2), Florida Statutes, this project shall
be reviewed and approved by the State of Florida
Department of Community Affairs before the development
order can become final.
F. Site alteration shall be limited to 10% of the total site
size, or 1.8 acres. Non-permeable surfaces shall not
exceed 50% of the development area.
~ 4
· 302
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
,~' 4.1 PURPOSE
The purpose o~ this Section is to delineate the development
regulations that accompany the Conceptual PUD Master Plan.
4.2 PERFORMANCE STANDARDS
A. Where development standards are not specifically provided
for in this document, the applicable standards of the.
Collier County Zoning Ordinance and regulations of the
Department of Community Affairs concerning the Area of
State Critical Concern Development shall apply.
B. Site alteration shall be limited to ten (10) percent of
the total project area, of which only 50% shall be
impervious.
4.3 LAND USE INTENSITY AND PROJECT PHASING
'~ PARCEL ~SES ~
~"' TRACT I Retail 1.8±
TRACT II Preserve/ 16.2~
Agricultural
There are two tracts of land placed for development in this
Planned Unit Development. Land Uses on these tracts are set
forth in Section 4.4 of this document. On Tract I,
development shall be limited to 6000 square feet of commercial
space, not to include gasoline canopies square footage. On
Tract II the land uses shall be limited to those guidelines
and uses to maintain the integrity and to meet the intent of
the Zoning Ordinance of Collier County as well as the Florida
Administrative Code pertaining to development within the Big
Cypress Area of Critical Concern.
The commercia3, portion of this project shall be built out
within a five year period.
All parking and retention facilities shall be located within
the boundaries of Tract I. However, if for any reason
development canno~ occur as proposed on Tract I, the
boundaries of Tract I may be altered without the necessity of
amendment to this ordinance, or to the ST designation on the
Zoning Atlas, (subject to all of the other requirements as
stated in the PUD Document) but total development shall not
exceed the 1.8 acres, as allowed.
4.4 USES PERMITTED
No building or structure, or part thereof, shall be erected,
altered or used, or land used, in whole or in part, for other
than the following:
A. Principal Uses
1. TRA~I
Uses on this tract shall be limited to the
following:
a. Convenience Store/Food Market.
: b. Automotive Service Station dispensing
gasoline, oil, batteries and other comparable
automotive necessities, including repair.
c. Package Store, including the sale of spirits,
wine, and beer.
d. Delicatessen to be operated within the
structure of the convenience store facility
and designed to be of an accessory type use to
the convenience store facility.
e. Necessary parking and retention facilities to
serve this Planned Unit Development.
2. TRACt II
Uses on this tract shall be limited to the
following:
a. Open Space Areas.
b. Agribusiness uses, however, no structures
shall be constructed on this tract.
ccessor¥ Use,
1. Accessory Uses and Structures customary for
commercial and agri-business related uses,
including essential services, such as septic tanks.
39 ,-, 305
DEVELOPMENT STANDARDS
A. TRA~I
1. Setback Reguirements:
a. Front Yard - Fifty (50) feet.
b. Side Yard - Forty (40) feet.
c. Rear Yard - Forty (40) feet.
d. Canopy - Twenty (20) feet from front property
boundary.
2. ~Qt Size Requirements;
a. Minimum Lot Size - One acre.
b. Minimum Lot Width - One hundred fifty (150)
feet.
3. Minimum Floor Area:
a. One thousand (1000) square feet.
4. Maximum Height:
a. Twenty five feet - not including gasoline
canopy.
5. Off-Street ParkinG:
As required by the Collier County Zoning Ordinance
in effect at the time permits are requested.
6. Lighting:
All lights and lighting for this tract shall be
designated and arranged so that no source of light
shall be visible from any residential district. No
part of any light structure shall protrude beyond
property lines.
7. Storage Tanks~
Storage tanks shall be located below grade.
8. Outside Display of Produc~s:
Petroleum products in cans and windshield wiper
blades may be displayed outside the service station
building in the standard racks provided for such
display, provided such racks shall not be placed
closer to a street line than the pump island.
~ 9 Trash Facil ities_k
i~i Adequate, completely enclosed trash storage
!;.; facilities shall be provided on the site. Such
facilities shall be located, where possible, on the
side of the main structur, with street frontage
carrying the lesser volume of traffic.
10.
As required by the Collier County Sign Ordinance in
· effect at the time permits are requested.
The area of this project, comprising approximately 16.2+
acres, shall be maintained in its natural state and not
be used for any uses not consistent with Section 4.4,
herein.
39 307
SECTION V
ENVIRONMENTAL STANDARDS
The purpose of this Section is to set forth the stipulations
established by the Environmental Review staff.
A. If, during the course of site clearing, excavation, or
other construction activities, an archaeological or
historical site, artifact, or other indicator is
discovered, all development at that location shall b~
immediately stopped and Project Review Services notified.
Development will be suspended for a sufficient length of
time to enable Project Review Services or a designated
consultant to assess the find and determine the proper
course of action in regard to its salvageability.
Project Review Services will respond to any such
notification in a timely and efficient manner so as to
provide only a minimal interruption to any construction
activities.
B. Soils exposed during site alteration shall be stabilized
and retention ponds or performance equivalent structures
or systems maintained in order to retain run off and
siltation on the construction site. Restoration of
vegetation to site alteration areas shall be
substantially completed within 180 days following
completion of a development. Revegetation shall be
accomplished with pre-existing species or other suitable
species except for undesirable exotic species.
C. Petition shall be subject to Ordinance No. 75-21 as
amended by Ordinance No. 89-58 (preservation of native
habitat and tree removal permit).
D. Petitioner shall comply with Ordinance No. 82-37 as
amended by Ordinance No. 89-53 (Removal of exotic
species).
E. Petitioner shall comply with Ordinance No. 82-2 as
amended by Ordinance No. 89-57 (Use of native species in
landscaping).
F. This petition shall comply with Ordinance No. 89-42 (Open
Space Ordinance).
10 '-
39 3'08'
G. Petitioner shall cease all development and construction
~ activities in the vicinity of any found archaeological or
historical site and contact Collier County Project Review
< Services, Environmental Review Staff.
~i~ H. Petitioner shall not remove oaks having a dbh of four (4)
inches or greater.
I. The dry water retention area shall be constructed at
natural grade and shall retain all native tree species
with a dbh of four (4) inches or greater.
J. As a condition of approval of this rezone petition, the
"ST" Special Treatment Overlay District designation shall
be maintained over the 16.2± acres to remain as Tract II.
of the subject property. Furthermore, the "ST" Overlay
Dletrict shall be a "floating district" and, therefore,
may be altered so long as the total development does not
exceed the 1.8 acres, as allowed.
SECTION VI
TRANSPORTATION REQUIREMENTS
P POSS
The purpose of this Section is to set forth the transportation
requirements of this project.
DEVELOPMENT COMMITMENTS:
A. Provide arterial level street lighting at the project
entrances.
B. Transportation facilities which would retain, divert or
otherwise block surface water flows shall provide for the
re-establishment of sheet flow through the use of
interceptor spreader systems or performance equivalent
structures and shall provide for passage of stream,
strand, or slough waters through the use of bridges,
culverts, piling construction or performance equivalent
structures or systems. Channelization of such areas
shall be the minimum length necessary to maintain
reasonable flow and prevent week blockage.
C. Transportation facility construction sites shall provide
for siltation and runoff control through the use of
settling ponds, soil fixing or performance equivalent
structures or systems.
D. These improvements are considered "site related" as
defined in Ordinance 85-55 and shall not be applied as
credits to work impacts fees required by that ordinance.
All improvements shall be in place before any
certificates of occupancy are issued.
E. The Road Impact Fee shall be as set forth in Ordinance
85-55 and amendments thereof, and shall be paid at the
time building permits are issued unless otherwise
approved by the Board of County Commissioners.
F. Access improvements shall not be subject to impact fee
credits, and shall be in place before any certificates of
occupancy are issued.
12
39 , 310 '
G. Minimum intersection conditions should include a
northbound right turn lane on S.R. 29 (existing), a
'~' southbound left turn lane on S.R. 29, and C.R. 858
widening to current standards (Lane width of 12 feet;
turning radius of approximately 50 feet) between S.R. 29
and the project entrance. C.R. 858 access improvements
to include westbound right turn lanes/eastbound thru lane
widening to a minimum of 12 feet, and prohibition of
access between the parent parcel (Tract i or 11) and C.R.
858 closer than approximately 300 feet to the S.R. 29
right-of-way line. As part of the road widening outlined
above, any lengthening of the S.R. 29 Canal Structure to
accommodate road improvements shall be subject to an
impact fee credit/reduction.
H. The developer shall provide a 25 foot naturally vegetated
buffer along C.R. 858 (except for the 90± foot drainage
easement) in addition to the required right-of-way.
SECTION VII
UTILITIES REQUIREMENTS
The purpome of this Section im to met forth the
requirements which must be accommodated by the project
developer.
A.This project shall be served by a fresh water well and a
septic tank system.
B. The septic tank and drainfield shall be designed and
constructed in full compliance with Chapters 10D-6 and
10D-9 of the Florida Administrative Code.
C. The septic tank and drainfield shall be located a minimum
of 100' from the edge of canal.
D.The location and size of well shall be fully iljustrated
on the SDP.
E.This project shall be provided with a water supply for
fire fighting purposes per NFPA-1231.
F.This petition shall comply with Chapter 10D-6 of the
Florida Administrative Code.
SECTION VIII
WATER MANAGEMENT REQUIREMENTS
The purpose of this section is to set forth the stipulations
established by the Water Management Advisory Board, which
shall be accommodated by the project developer.
A. Detailed paving, grading, site drainage plans, an~
utility plans shall be submitted to County 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 County Project Review Services.
B. Developer shall be subject to all drainage requirements
stipulated in Section 9 of the Collier County Zoning
Ordinance 82-2, as amended.
C. In accordance with the Rules of the South Florida Water
Management District, (SFWMD) Chapters 40E4 and 40E-40,
this project shall be designed for a storm event of 3-day
duration and 25-year return frequency.
D. If applicable, an Excavation Permit will be required for
the proposed lake(s) in accordance with Collier County
Ordinance No. 88-26 and SFWMD rules.
E. Prior to final site development plan approval, applicant
shall dedicate a 90± foot drainage easement (to be
determined during site development plan review) along the
entire S.R.-29 frontage for the purposes of future canal
widening and maintenance.
F. The maximum developable area shall be limited to 1.8
acres. Any additional land developed, for whatever
reason, shall be designed for the 25-year 3-day storm
event.
G. Desig~ and construction of all improvements shall be
subject to compliance with the appropriate provisions of
the Collier County Subdivision Regulations.
H. Platting is required in accordance with Collier County
Subdivision Regulations, if any lots, tracts, or parcels
are to be sold. .
15
I. Work within Collier County right-of-way shall meet the
requirements of Collier County right-of-way Ordinance 82-
~i 91.
~ J. Ail requirements of subdivision ordinance must be met
~ since no variances were requested.
K. Access into each tract as shown on the master plan is
informational only. Location and number is subject to
Subdivision Master Plan or SDP approval.
L. This project is recommended for approval for rezone
purposes only. If applicable, a Subdivision Master Plan
shall be submitted to comply with all the design
standards of the Subdivision Regulations unless specific.
exceptions are requested and supported by sound
engineering reasoning during its approval process.
Approval of this rezone does not constitute an approval
to any subdivision design standards contained within the
petition or supporting drawings or exhibits. The zoning
petition master plan submitted shall not be considered to
suffice for the Subdivision Master Plan required pursuant
to Collier County Ordinance 76-06, as amended.
ATTACHiMENT ' A'
N89'00'30'F- N89'00'30'E
82.74. 39.35
c~ .~
m SCALE: I - 200'
o N89'QO'30"~ $18.57
~a+ ^c~ss
TOTAL AREA
ATTACHMENT ' B'
273'~ SCALE:
TRACT I
~ UP TO
." __ 6.CO0 S.F.
~ AS PER
~ SECTION 4..3
~ Of THE PUO
-- OOCUMENT
ATTACHN, ENT ' C '
. HORACE A. WILKISQN LAND SURV..~YOR
Sur~/in$ -- ~nd Pl&nninl ;: L. :
OescrtpcLan of a ~a~eL Lo.ch· NorchlasC E' of ~eCcLo~ L7, Tov~shLp
&8 South, Range 30 East, Collier CouutT,. Florida, s&£~ ~·rca/ also'
and 663 oe ch· 9ubLLc Records of CoLL£et County, ~locLda.
CoamsncLn$ ac the. Southwest corner of Ch· North·as: ~ og ~eccA~n t7,
tun North 00° 59' 30" We~t 26.30 feet co the ~o£nc o~ Beg£nnLng, sold
po:nc balms on chi Lncecsscc£on at ch· North R:~bc-oe-War l£ne of Ca~ocy
Road No. 8~8 axcs~dsd co ch· Notch-South ~ L£ne; chance conctnue Nor~
00' ~9' 30" Wssc t~73.~! feat ·Long sa£d ~ L:ne;. chance North 89' 00'
East 122.7a eaec; thence South 00' ~9' 30" East ~20.00 East; chance Nort~.
· ..89° 00' 30" ~asc ~L8.~7 .~eec; chance North gO* S9' 30" ~ssc &lO.00
thence North 89° 00' ~O" ~asc 39.3~ ·eec; Ch·nc· South OO° 59' 30"
L~73.90 ~ssc ca ch· ~orche~Ly R:shc'oe-~·Y L£ns'o~ Courier Rand No. 8~8;
chance South 89' 02' L2" ~eec 680.es ·eec aLon~ s·:d R:shc-oE-~ay L£ne
co Ch· ~aLnc a~ BesLnn£n$. Le~s and except chat' Westerly parc ~or Scare.
Roa~ No. Z9 ~Lghc-o~=Way.'SubJacc to Reset-vacLous, Restricc£ons and.
~tscmeucs oE ~acoc~. Canca~nLng L8.5 acres more or Less.
:~: :.
.... Fla. Csrc. No. L677
AGREEMENT
I, Robert L. Duane of Hole, Montes & Associates, Inc., as
owner or authorized agent for Petition R-90-4, agree to
the following stipulations requested by the Collier County
Planning Commission in their public hearing on June 7, 1990.
~'{] a. Petition shall be subject to Ordinance No. 75-21 as
amended by Ordinance No. 89-58 (preservation of native
'i~i' habitat and tree removal permit).
b. l:~lrsuant to the petitioner's development proposal and the
Zoning Ordinance, Section 9, "site alteration shall be
limited to 10% of the total site size," or 1.8 acres.
Non-permeable surfaces shall not exceed 50% of the
development area.
: d. Petitioner shall not remove oaks having a dbh of four (4)
inches or greater.
e. The dry water retention area shall be constructed at
natural grade and shall retain all native tree species
with a dbh of four (4) inches or greater.
f. Petitioner shall be subject to all drainage requirements
stipulated in the Zoning Ordinance, Section 9 (i.e. new
drainage facilities shall release water in a manner
approximating the natural local surface flow regime).
The '
pr~pcrty b~undary.
i. Petitioner shall comply with Ordinance No. 82-37 as
amended by Ordinance No. 89-53 (Removal of exotic
species) .
~ Exhibit "B"
"' 39 318
"' · J. Petitioner shall comply with Ordinance No. 82-2 as amended
by Ordinance No. 89-57 (Use of native species in
landscaping).
k. Petitioner shall cease all development and construction
activities in the vicinity of any found archaeological or
historical site and contact Collier County Project Review
Services, Environmental Review Staff.
1. Replace all references in the PUD Document to
~: Environmental Resources Management with Project Review
,' Services.
~ m. Minimum intersection conditions should include a
northbound right turn lane on SR 29 (existing), a
southbound left turn lane on SR 29, and CR 858 widening to
current standards (Lane width of 12 feet; turning radius
of approximately 50 feet) between SR 29 and the project
entrance. CR 858 access improvements to include westbound
right turn lanes/eastbound thru lane widening to a minimum
of 12 feet, and prohibition of access between the parent
parcel - (Tract 1 or 11) and CR 858 closer than
approximately 300 feet to the SR 29 right-of-way line. As
part of the road widening outlined above, any lengthening
of the SR 29 Canal Structure to accommodate road
improvements shall be subject to an impact fee credit/
reduction.
n. The Road Impact Fee shall be as set forth in Ordinance
85-55 and amendments thereof, and shall be paid at the
time building permits are issued unless otherwise approved
by the Board of County Commissioners.
o. Access improvements shall not be subject to impact fee
credits, and shall be in place before any certificates of
occupancy are issued.
p. In accordance with the Rules of the South Florida Water
Management District, (SFWMD) Chapters 40E4 and 40E-40,
this project shall be designed for a storm event of 3-day
duration and 25-year return frequency.
q. If applicable, an Excavation Permit will be required for
the proposed lake(s) in accordance with Collier County
Ordinance No. 88-26 and SFWMD rules.
Prior to final site~d~evelopment plan approval, applicant
shall dedicate a 90~ drainage easemen__~along the entire
SR-29 frontage for the purposes of_/future canal widening
and maintenance. C~4 ~'~--'-'-- ~' ~-~,~o,~,~.~ ' . ° ~~ '
m. The maximum developable area shall be limited to 1.8
acres. Any additional land developed, for whatever
reason, shall be designed for the 25-year 3-day storm
event.
t. 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.
u. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions of
the Collier County Subdivision Regulations.
v. Platting is required in accordance with Collier County
Subdivision Regulations, if any lots, tracts, or parcels
are to be sold.
w. Work within Collier County right-of-way shall meet the
requirements of Collier County right-of-way Ordinance
82-91.
:.
X. Ail requirements of subdivision ordinance must be met
since no variances were requested.
y. Access into each tract as shown on the master plan is
informational only. Location and number is subject to
Subdivision Master Plan or SDP approval
~-~. This project is~'recommended for approval for rezone
\.. purpgses only. ~ Subdivision Master Plan shall be
~)~ubmitted~ which comp!iu= with all the design standards of
__~m~_ the Subdivision Regulations unless specific exceptions are
)~-~-- requested and supported by sound engineering reasoning
during its approval process. Approval of this rezone does
not constitute an approval to any subdivision design
standards contained within the petition or supporting
drawings or exhibits. The zoning petition master plan
submitted shall not be considered to suffice for the
Subdivision Master Plan required pursuant to Collier
County Ordinance 76-06, as amended.
aa. Revise the PUD document to reflect the appropriate legal
description and acreages.
bb. Replace Section 8.1 of the PUD document with the approved
WMAB stipulations.
cc. Replace Section 7.1 of the PUD document with the approved
Utilities stipulations.
dd. Delete Section 6.2.c. of the PUD document as it is not
~ relevant to this project.
~',,,' ee, Delete Section 6.2.F. of the PUD document. All
construction within County right-of-way shall be in full
compliance with Ordinance No 82-91.
i~,~ ff. Delete Section 4.4.A.2.c. as this is not acceptable. The
total developed area shall not exceed 1.8 acres. Tract II
shall be left in its natural state.
gg. The septic tank and drainfield shall be designed and
constructed in full compliance with Chapters 10D-6 and
10D-9 of the Florida Administrative Code.
hh. The septic tank and drainfield shall be located a minimum
- of 100' from the edge of canal. The plans shall be
revised to reflect this.
ii. The location and size of well shall be fully iljustrated
on the SDP.
~-. JJ. This petition shall comply with Chapter 10D-6 of the
Florida Administrative Code.
kk. This project shall be provided with a water supply for
fire fighting purposes per NFPA-1231.
11. This petition shall comply with Ordinance No. 89-42 (Open
Space Ordinance).
mm. The Petitioner shall submit a site plan fo~ Site
~" Development Plan review and approval prior to applying for
.:~.. a building permit.
nn. No parking or retention facilities necessary to serve the
convenience'commercial facilities portion of this project
shall be located outside of the 1.8 acre tract reserved
for commercial uses. Revise the PUD Document accordingly.
oo. This petition shall comply with all paragraphs of Section
9.8 of the Collier County Zoning Ordinance 82-2, as
amended. Revise the PUD Document accordingly.
pp. This petition shall comply with Chapter 27F-3, Florida
Administrative Code, "Boundary and Regulations for the Big
Cypress Area of Critical State Concern". Revise the PUD
Document accordingly.
4
39 .:3'21
qq. Per Chapter 9J-1, Florida Administrative Code, and Section
380.07 (2), Florida Statutes, this project shall be
reviewed and approved by the State of Florida Department
of Community Affairs before the development order can
become final.
tr.Amend the PUD Document to provide for proper grammar and
format (spelling, numbering, spacing, proper names, etc.).
ss. Amend the PUD Document and the PUD Master Plan to
incorporate all of staff ' s recommended stipulations
contained in this Agreement Sheet.
P,.SITIONER OR AGENT
REPRES TIVE FOR CCPC
SWORN TO AND SUBSCRIBED BEFORE ME THIS J~ DAY
OF , , 1990.
SEAL I:~ I I '; NOTARY Pt~L~ STA1T ~ FL(~:IIDA
!;;- '.' R-90-4 AGREEMENT SHEET
:'~ ~'~. llld
~{.
UU. The developer shall provide a 25 foot naturally
vegetated buffer along C.R. 858 (except for the 90± foot
drainage easement) in addition to the required right-of-
!?~ way.
w. As a condition of approval of this rezone petition, the
i. "ST" Special Treatment Overlay District designation
~. shall be maintained over the 16.2~ acres to remain as
Tract II of the subject property. Furthermore, the "ST"
Overlay District shall be a "floating district" and,
therefore, may be altered so long as the total
development does not exceed the 1.8 acres, as allowed.
ww. If for any reason development cannot occur as proposed
on Tract I, the boundaries of Tract I may be altered
without the necessity of amendment to this ordinance, or
to the ST designation on the Zoning Atlas, (subject to
all of the other requirements as stated in the PUD
Document) but total development shall not exceed the 1.8
acres, as allowed.
R-90-4 AGREEMENT SHEET ADDITION
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 and correct
copy of:
Ordinance 90-57
which was adopted by the Board of County Commissioners on
the 10th day of June, 1090, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of June, 1990.
JAMES C. GILES ~' ...... .
Clerk of Courts and Clerk.°'' ""..~'i,.
Ex-officio to Board .Of,."." " .'~ .
County Commissioner~ .' :',-t:~' "
By: /s/houtse Cheson'l~'.'..)~. ?('.' '" ."
~eput~ Clerk '.~ '.}'.':'.2'. ..... '"'