Ordinance 89-028ORDINANCE NO. 89- 28
WHEREAS,
AN ORDINANCE AMENDING ORDINANCE 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 FROM A-2 TO PUD FOR
A COMMERCIAL SHOPPING CENTER ON THE HEREIN
DESCRIBED PROPEKTY LOCATED ON NORTHEAST ~=,
INTERSECTION OF I~.hMGKALEE ROAD (C-846) AND
US-41 (TA~IlAMI TRAIL); SECTION 22, TOWN-
SHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONTAINING 31.9 ACRES, ~"~
MORE OR LESS; AND BY PROVIDI:~G FOR AN ~--~
EFFECTIVE DATE.
Collier Development Corporation, repre~-~}'l;ikea~i by
Avalon Engineering, Inc., petitioned the Board of County
Commissioners to change the zoning classification of the below
described real property;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,.~LORIDA:
SECTION ONE:
The zoning classification of nhe hereinafter described real
property is changed from A-2 to PUD and the Official Zoning Atlas
Map Number 48-25-5, as described in Ordinance No. 82-2 is hereby
amended accordingly:
SEE ATTACHED EXHIBIT "A"
SECTION TWO: Effective Date.
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 23rd day of ~!ay , 1989.
ATTJST:' ~",~
.>J;~24ES C. GI'~ES, Clerk
~V~rg~n£.~Magr£ DepuryCC[erk
Approved as to form and
leqal suff±c±en:v:
Mar]o[le M. Student
Assistant County Attorney
BOARD OF COUNTY CO~tMISSIONERS
OF COLLIER COUNTY, FLORIDA
SAND RIDGE
A COMMERCIAL
PLANNED UNIT OF DEVELOPMENT
FOR
31.9 AC RES
LOCATED IN A PORTION OF SECTION 22
TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA
PREPARED FOR:
COLLIER DEVELOPMENT CORPORATION
3003 NORTH TAMIAMi TRAIL
NAPLES, FLORIDA 33940
PREPARED BY'
~'---') Ava/on Engineering, Inc.
~~1~/ 4518-3 Del Prado Boulevard
.~ II J~ Cape Coral, Florida 33904
REVISED
Oo
MAY 2..3, 1989
,oo~ 035,,~,, 233'
SECTION I
SECTION II
SECTION IH
SECTION IV
SECTION V
(Revised §/23/89)
TABLE OF CONTENTS
.PAGE(~)
STATEMENT OF COM~PLIANCE ......................................................1
STATEMENT OF INTENT ................................................................. 2
PROPERTY OWNERSHIP & LEGAL DESCR/PTION ................... 3
GENERAL DEVELOPM~ENT REGULATIONS ............................. 4-7
GENERAL DEVELOPMiENT CO~l/T~S ........................... 8-17
EXS{IBIT A. .......... PUD MASTER PLAN, AVALON ENGL'h~ERLN'G, INC., FI~.E #8825,
EX3IIBIT A (AS REVISED IXLAY 23. 1989)
EXHIBIT B ........... AER/AL PHOTOGRAPH, AVALON ENGLN~EE~G, LNC., FILE #8825,
EXHIBIT B.
EXH/]3IT C ........... TOPOGRAPHIC bLiP, AVALON ENGL'qEERING, INC., FrI.E #8825,
EXHIBIT C.
EXt{~IT D ........... srlELS & VF. GETATION l%.bd:, AVALON ENGINEERLNG, rNC., FILE #8825,
F,X i{~3IT D.
EXH~IT E ........... DRAINAGE MASER PLAN, AVT~LON ENG~N-EERfNG, ~C., FF[.E #8825,
EXHIBIT E.
SECTION I
STATEMICNT OF CO~[PLL~NCE
The purpose of' this Section is to express the interest of Collier Development Corporation to develop 31.9
acres of Imud located in Section 22, Townskip 48 South, I~nge 25 Ea.st, Collier County, Florids.
The development o[' this land as a Community Commercial Planned Unit of Development (PUD) will
be in compliance with the goals and objectives of the Collier County Comprehensive ]?]an. The
proposed development will be consistent with the growth policies and land development re[,a~ations of
the Comprehensive Plan Land Use Element and other applicable documents for the £o[lowiug reason.s:
1. The subject property has the m~x. LrnulI1 necessary rating points to determine criteria
['or comrnerc[al rezones and the av.~i!nbLl.ity of adequate community facilities m~d services.
2. The project development is compatible and complementary to the surrounding land uses.
3. All improvements will be in complLance with all ,~pplicable regulations.
4. The project development will result in an efficient and economical extertsion o['
commercial facilities and services.
5. Since adequate public facilities are existing, there will be no adverse impacts on public
utility services as a result of the proposed community commercial development.
6. The increase in residential units and population within this area necessitates access to
a community comrnerc4al facility.
7. The location at the intersection of U.S. 41 (SR 45) and lrnmokalee Road (CR 846) makes
this site an ideal location for a community commercial shopping center.
8. Roadway improvements are currently scheduled for Inn-aokalee Road (CR 8.t6), ~hich
increases the support o[' a community shopping center.
9. Site is designated ms a Commercial Activity Center on the new Growth Mat:zgernent
Plan.
035 236
SECTION II
STATEMFA~'T OF LNTENT
The purpose o£ this Section is to express the intent o£ the Owner, Collier Development
Corporation, who l'ma unified control over the subject property, to commence development of
a commercial activity center Planned Unit of Development ('PUD). It ts the intent, or' Collier
Development Corporation to continue the development o[' architecturally unLfied commercial
establishments built on the project sit,' and on the concept of arrangement ,~nd unLfied
m.xnagement control. The unified development, approval under the PUD district designation will
ensure that the shopping center i.s aesthetically plea.sing and functionally efficient. It. will allow
an efficient pattern of internal c[rculmion to be establLshed, and limited points o£ vehic-lar
ingress and egress. These functional and aesthetic adwantages, which cannot be provided in the
conventiorml strip commercial development ce.~gurations, have been mn~imi~_ed and shall be
sustained in the approved o£ this PLanned Unit of Development.
This Planned Unit of Development shall be limited to specific commercLal uses which are
compatible and inter-reLated to the business operationz o£ a community shopping center. It is
the interest of Collier Development Corporation to continue development in accordance with the
regulations of this PLanned Unit of Development. It is the purpose o£ this document to set
forth the complete plan, regulations, and conditions o[' development along with other information
required in accordance with the PUD Or--ce.
2
SECTION
PROPERTY OWNERSHIP &
LEGAL DESCRIPTION
PROPLERTY O~RSHIP:
The subject property is currently under the control and ownersh/p of CoRier Development Corporation,
3003 North Tnm~smi Trail, Naples, Florida 33940.
LEGAL DES(~RIPTIQN:
A parcel of land located in Section 22, Township 48 South, Range 25 East, Collier County, Florida,
being more particularly described as follows:
Commence at the southwest corner of said Section 22; thence run along the west line of said Section
22, N01°13'03"W for a distance of §0.00 feet to the north Hght-of-way line of ]'retook-lee Road (CR 846)
and the point of beginning of the herein described parcel; thence run along the east right-of-way line
of U.S. 41 (SR 45) N01°04'30"Tv' for a distance of 1708.98 feet; thence leaving said east right-of-way
line run N88°55'30"E for a clistmnce of 634.00 feet; thence run S01°04'30"E for a distance of 705.01
feet; thence run S01°04'30Wv' for a distance of 1167.61 feet; thence run N89°55'30"E for a distance
of 505.00 feet; thence run S01°04'30"E for a distance of 610.46 feet to the proposed north right-of-
way line of Immokalee Road (CR 8-16); thence run along said north right-of-way line S89°53'06"W for
a distance of 139.16 feet; thence continue -along said north right-of-way tine N84°24'50"W for a distance
of 505.33 feet; thence continue along said north right-of-way tine S89°53'06"W for a distance of 500.00
feet to the east right-of-way line U.S. 41 (SR 45) and said point of beginning of the herein described
parcel;
Said parcel of land contains 31.9 acres, plus or minus.
Notes:
1. Subject to easements and restrictions of record.
2. Bearing~ are ba~ed on the south Line of the southeast 1/4 of Section 22 being north
N89°48'52"E.
3
SECTION IV
GENERAL DEVELOPM]ENT REGUI~TIONS
4.1
4_9
PI/RPOSE:
The purpose of this Section is to set forth the regulations for development of the
proposed 31.9 acre Phanned Unit of Development ident~ed on the Master Development
Plan (as revised May 23, 1989).
PROJECT PLAN:
The project plan i~ iljustrated in the Master Development Plan as prepared by Avalon
Engineering, Inc. (a~ revised May 23, 1989).
USES PERMITTED:
No unit of the proposed commere;~! activity center will be used, in whole or in part,
for other than the following:
Principal Uses:
1. Antique shops; Appliance stores; Art studios; Art supplies
2. Automobile parts stores; Automobile service s~ations without repair;
3. Bakery shops (including baking incidental to retail or wholesale sales)
4. Banks (branch or m.~in office) and f'mancizd iastitutions; Ehrrber and
beauty shops; Bath supply stores; Blueprint shops; Bicycle sales and
services; Book stores
5. Carpet and floor covering sales (including storage and installation);
Cocktail Lounges, Commercial Recreation (indoor); Clothing stores;
Commercial schools; Confectionery and Candy Stores
6. Delicatessen; Drug stores; Dry cleaning shops; Dry goods stores;
Department stores
7. Electrical supply stores
8. Fish stores; Florist shops; Food markets; Furniture stores;
Furrier shops
9. Giffr shops; Gourmet shops
10. Hardware stores; Health food stores; Hobby supply stores
11. Ice cream stores; Ice sales; Interior decorating showrooms;
Indoor Recreation uses; Jewelry stcres
12. Laundries; Leather goods and luggage stores; Locksmiths;
Liquor stores
13. Meat rrmrkets; Medical office or cliaie for h~,m~rl care; ]vIillinel-y shops;
Motion Picture Theatre; Museums; Music stores
14. Office (retail or professional); Office supply stores
4
USES PE~D (Cont.)
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15.
16.
17.
18.
19.
20.
21.
Paint and wallpaper stores; .Pet shops; Pet supply stores;
Photographic equipment stores; Post office
lladio and television sales and service; Restaurants
Small appliance stores; Shoe sa]es and repairs; Souvenir stores;
Stationery stores
Tailor shops; Tobacco shops; Toy stores; Tropical Fish shops
Variety stores; Veterh'mry oft'ices and clinics
~,Vatch and precision irmtrument sales and repair
Any other com. rnerckd use or professional serv{ce which i~ comparable
in nature with the foregoing uses and which the Zoning Director
detcrn-Knes to be compatible in the District.
Principal uses subject to Site Development Plan (SDP) review.
1. Child Care Centers
2. DrNe-thru FacLlities
3. Fast Food Restaurants
4. Supermarkets
Perrrdtted Accessory Uses and Structures:
Accessory uses and structures customarily associated with tile uses
permitted in this District.
Caretaker's residence.
4.4
YARD REQUIREMENTS:
From property boffndaxy line abutting U.S. 41 (SR 45) right-of-way ILne; 25 feet
ofwhich, within 15 feet, no parking sl~ll be allowed nor any merchandise stored
or displ~yed.
From property boundary line abutting Immokalee Road (CR 846) right-of-way
line; 25 feet from proposed right-of-way line, or 50 feet from existing right-of-
way line of which, within 15 feet, no parking shall be allowed nor' any
merchandise stored or displayed.
From rear property boundary lines as shown on the Master Development Plan;
25 feet.
Do
From side property boundm7 line as shown on the Master Development Plan;
10 feet.
MinLmum distance between principal structures; Zero (0) feet, or 15 feet with
unobstructed passage from front to rear.
E. Outparcel rear and side yard setbacks; Zero (0) feet.
4.§ MINI~ OFF-STREET PARKING AND OFF.STREET LOADING REQUIREM]';NTS:
4.6
AZ required by the Zoning Ordinance in effect at the time of application for building
permit, s. The outparcels as shown on the ~La_ster Plan will provide parking and loading
spaces subject to the requirements of the zoning ordin,,xnce. Parking or a portion of
outparcel parking may be provided within the Shopping Center provided parking for the
Shopping Centers 227,500 sq. ft. has been provided as per zoning ordinance.
~IGNS:
Signs shall be as permitted in the Zotz{ng Ordinance at the time of permit
ap,~lication.
Additional guidelines which are more stringent than those listed in the Zoning
Ordinm~ce may be established by the developer to ensure m.-~imum cormistency in the
design and location of signs.
The developer intends to create a uniformly designed signage and identLqeation system
including, but not limited to, the entrance sigrm for the projt~t to impletnent the
architectural style. Such sigrm are intended to be located and permitted at all project
entrance points, as well a~ at other Strategically identified areas.
Utilization of the right-of-way for landscaping decorative entrance way~, and signnge
shall be reviewed hud approved by the County Engineer p:ior to any inst:,lL',tion.
4.7
4.8
~IVM .L~'CD$ CAPING:
Az required by the Zoning Ordinance in effect at the time of apptieation for building
permits. It is the developer's intention to provide additional landscaping beyond the
landscape buffer requirements of the Zoning Ordinance to create an ou~tanding
shopping environment.
At the time of building permit application, a five (5) foot landscape buffer ~,:hall be
provided between the outparcel and the shopping center, either on the shopping center
site or the individual outparcel sites, as shown on an approved site development plan.
Co
A landscaped buffer of 15 feet shall be required along U.S.'41 (SR 45) and Imnaokalee
Road (CR 846). No parking or display of merchandise or storage shall be peinnitted
within the burrer area.
Unless speci_fit'nlly permitted for a given use, outside storage or display of mer~mndise
is prohibited.
SITE DEVELOPB[ENT PLAN APPROVAL:
Subject to Ordinance No. 89-18, shopping center development shall require Site Development
Plan approval.
SECTION V
GEN'ERAL DEVELOPNKENT COM~M2T~EENTS
5.1
pLrRPOSE:
The purpose of this Section ks to set [.orth the standards ['or the developmenl; of the
project.
5.2
pi,ID 1VL~TE R
Bo
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DEVELOPMENT PLAN:
The PI/D Master Development Plan is an iljustrative preliminary development
plan a~ prepared by Avalon Engh~eering, Inc., revised May 23, 1989. ~l'q~ plan
i~ not intended to represen.t the £mal development plan and the sp~:Lfic u~e
layout o[' the outparcels have' not been determined. No more than four out-
parcels shall be permitted. The nm. ximum building square footage for all of the
outparcels shall not exceed 34,500 square feet. The maximum building square
footage of the shopping center and outparcel~ shall not exceed 262,000 total
square feet.
The design criteria and layout iljustrated in the Ma_ster Development Plan (as
revised May 23, 1989), which accompanies thi~ submission, shall be hlterpreted
as preliminary and understood to be flexible so that the final dcsign nmy best
satisfy the project and comply with all applicable requirements. Mdnor design
changes shall be permitted subject to StaR' approval.
All necessary easer~ents, ded/cations, or other irmtrtunents stroll be grtmted to
in.sure the continued operation and maintenance of all service utilities.
Overall site design shall be harmonious in terms of landscaping, enclosures of
structure, locations of all improved facilities, and location mad treatment of b.ufrer
areas. Approved site paving, grading, drainage, and water management plans
shall be submitted along with building permit applications.
The shopping center is planned to be developed in two (2) phases, as shown
on the Ma.stet Development Plan (a~ revised May 23, 1989).
A site plmu shall be required showing hydrant location and main size, along with
requirements of 750 GPM at 20 PSI pr/or to Fire District approval and issuance
of building permits for the site.
7
5.3
IygILITIES:
A.
Water & Sewer:
Water distribution and sewage collection and transmission system~ w111
be constructed throughout the project development by the developer
pursuant to all current requirements of Collier County and the State of
Florida. Water and sewer facilities constructed within platted rights-
oSway or within utility easements required by the County skal] be
conveyed to the County for ownership, operation and maintenance
purposes pursuant to appropriate County ordinmnces and regulations in
effect at the ti. me of conveyance. All water ,~md sewer facilities
constructed on private property and not required by the Co~mty to b~
located within ut~ty ea~ements sl-mll be ow-ned, operated, and
maintained by the Developer, his a.~signs or successors. Upon completion
construction of' the water and sewer £ac~ties within the project~ the
£acilities will be tested to insure they meet CoLLier County's utility
construction requirements in effect at the time construction plar~ are
approved. The above ta~ks must be completed to the satisfaction of the
UtKities Division prior to placing any utility facilities, County owned or
privately owned, into service. Upon completion of the water and]or
sewer facilities and prior to the issuance of CertLqcates of Occupancy for
structures within the project the uti/i~.y facilities shall be conveyed to the
County, when required by the Utilities Division, pursuant to County
ordinmnces and regulations in el~t'ect at the ti.me conveyance ~s requested.
All construction plans and technical spec~cation_q and proposed plats,
if applicable, for the proposed water distribution and sewage collection
and tran~mi_~sion facilities must be reviewed and approved by the County
prior to commencement of construction.
All customers connecting to the water distribution and sewage collection
facilities will be customers of the County and will be billed by the
County in accordance with the County's estab~hed 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 available to serve the project.
8
035 , 243'
o
It is anticipated that the CounW Utilities Division will ultkr, ately supply
potable water to meet the cormumptive den~.nd and/or receive and treat
the sewage generated by this project. Should the County system not
be in a position to supply potable water to the project and/or receive
the project's womtewater at the time development commences, the
Developer, at his expenze, will install and operate interim water supply
and on-site treatment faciiities and/or interim on-site sewage treatment
and disposal facilities adequate to meet all requirements of the
appropriate regulatory agencies.
An agreement, if required, shall be entered into between the County and
the Developer, binding on the Developer, hi~ assigrm or successors, leg-,~lJy
acceptable to the County, prior to the approval o£construction do:umcnts
for the proposed project, stating that:
The proposed water supply and on-site treatment faciliti,-~s and/or
on-site wastewater treatment disposal facilities, if required, are
to be constructed a~ part of the proposed project and must be
regarded as interim; they shall be cormtructed to State and
Federal standards and are to be owned, operated, and n~fintained
by the Developer, his a~signs or successors, until such time a~
the County's off-site water facilities and]or off-site sewer facilities
are available to serve the project. Thc interim treatment
facilities will supply services only to those lands owned by the
Developer and approved by the County for development. The
utility facility(les) may not be expanded to provide water and/or
sewer service outside the development bound,xry approw.~d by the
Couhty without the written consent of the County.
bo
Upon connection to the County's off-site water facilities, and/or
sewer facilities, the Developer, his assigns or succes.';ors will
abandon, di~mz, ntle and remove from the site the interkn water
and/or sewage treatment facility and discontinue u~e of the water
supply source, if applicable, in a manner consistent with State
of Florida standards. All work related with this activity shall
be performed at no cost to the County.
Connection to the County's off-site water and/or sewer t'acilities
will be made by the owners, their assigns or successors at no
cost to the County within 90 days after such facilities become
av~il.~ble. The cost of connection shall included, but not be
limited to, ali engineering design and preparation of construction
documents, permitting, modification or refitting ofexisting sewage
pumping facilities or co~mtruction of new rnm.~ter sewage pumping
facilities, interconnection with County off-site facilities, water
and/or sewer ',Jmes necessary to m~ite the connection(s), etc.
035 244
eo
At the time County off-site water and/or sewer facilities are
avnilnble for the project to connect with, the following water
and/or sewer facilities shall be conveyed to the County pursuant
to appropriate County ordinances and Regulations ha effect at
the time:
All water and/or sewer facilities constructed in public
owned rights-oF-way or within utility easemen~ required
by the County within the project limits requJ.red to make
connection with the County's off-site water a~d/or sewer
facilities; or,
All water and sewer facilities required to counect the
project to the County's off-site water anti/or sewer
facilities when the on-site water and/or sewer facilities
are cormtructed on private property and not requited by
the Cormty to be located within utEty easement,
hacluding but not. limited to the following:.
Main sewage IL0. station and force _m.~n
intercomuecting with the County sewer facilities
including all utility ea-~ements neces.,~ry;,
Water distribution facilities from the point of
connection with the County's water facilities to
the nmzter water meter serving the project,
hncluding nil utility easements necessary.
The customers served on an interim basis by the utility system
constructed by the Developer shall become customers o£ the
County at the time when County off-site water and/or sewer
fac~flitie-~ are avni!nble to serve the project and such connection
i~ made. Prior to connection of the project to the Co~mty's off'-
site water and/or sewer facilities the Developer, his assigns, or
successors will turn over to the County a complete li~t of the
customers served by the interim utilities system and ~ not
compete with the County for the service o£ those customers.
The Developer will also provide the County with a detailed
inventory of' the facEt/es served within the project and the entity
which will be responsible /'or the water and/or sewer service
billing for the project.
10
245
go
ho
All construction plans and technical specifications related to
connections to the County's off-sRo water and/or sewer £acRities
will be submitted to the County for review and approval prior
to commencement o£ construction.
The Developer, ids assigrm or successors agree to pay all system
development charges pursuant tn appropriate County ordinnnce(s)
under any of the following conditions, whichever ocx:urs f'trst:
Whenever such person connects an existing structure to
a water system and/or a sewer system owned or operated
by the County;, or,
Whenever such person applies for a building permit and
prior to issuance ora building permit to alter an existing
structure previously connected to a water system and/or
sewer system owned or operated by the County, where
such alteration increases the potential demar~d on the
County's system(s);or,
Whenever such person applies for a building permit and
prior to issuance of a building permit to construct a
structure which will be connected to a water system
and/or sewer system owned or operated by the County
under Phases 1,2, or 3 of the County's Master Water and
Sewer Plans, even though such person may receive
interim water and/or interim sewer service form a source
other th.~u the County.
These requirements shall be made
prospective buyers of properties within
the project.
known to all
The County will lea.se to the Developer for operat:ion and
_rrmintermnce the water clistribution and/or sewage collection and
transmission system for the s,,m of $10.00 per year, when such
system is not connected to the off-site water and/or ~ewer
facilities owned and operated by the County. Terms of the lease
shall be determined upon completion of the proposed utility
construction and prior to activation of the water supply,
treatment and distribution facilities and/or the sewage collection,
transmission and treatment facilities. The Lease, if required, will
remain in effect until the County can provide water and/or
sewer service through its off-site facilities or until such thne tha~.
bulk rate water and/or sewer service agreements are negotiated
with the interim utility system serving the project.
11
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Data required under County Ordinance No. 80-112 showing the ~vajt~bility of
sewage service, must be submitted and approved by the County pr.;or to approval
o[' the construction documents for the project. Submit a copy of the approved
DER permits for the sewage collection and transmission systen~ and the
wastewater treatment facLlity to be utiLized, upon receipt thereof.
[fan interim on-site water supply, treatment and transmission facRity ia utilized
to serve the proposed project, ir m~t be properly sized to supply average peak
day domestic demand, in addition to l'n-e flow demand at a rate approved by the
appropriate Fire Control District servickng the project area.
Construction and ownership of the water and sewer facilities, including any
proposed interim water and/or sewage treatment ihcLlities, shall be in compliance
with all County stand,sa'ds, policies, ordinances, practices, etc. in effect at the
time construction approval is requested.
Detailed hydraulic design reports covering the water distribution trod sewage
collation and transmission systen~ to serve the project must be submitted with
the construction documents for the project. The repo;'ts shall list all design
assumptions, demand rates, and other factors pertinent to the system under
consideration.
The on-site water distribution system to serve the project must be cormeeted
to the District's 12 inch water main on the south side of lmmokaflee Road,
extended throughout the project and looped to the District's 12 inch water
distribution system on the east side or U.S. 41. During design of these facilities,
the following features shall be incorporated into the distribution system:
Dead end mairus shall be ellmlrmted whenever possible by looping the
internal pipeline network.
Stubs for future system interconnection with adjacent properties shall
be provided to the east and north property lines of the project, at
locations to be mut,,ally agreed to by the County and the developer
during the design phase of the project.
The County wilJ not be in a position to approve Certificates of Occupancy for
structures within the project until the on-site sewerage facilities and on-site
water distribution facilities previously stipulated have been completed, cofiveyed
to the District and placed into service and satisfactory documentation has been
submitted to the Utilities Admlrfistrator verifying that adequate fire flows exist
within the project site, as specified by the County and/or the appropriate FLre
Control District.
12
He
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The Standards and Procedures contained in Collier County Ordinmuce N'o. 88-
76 will control the design, cormtruction and conveyance of the utilities facilities
to serve tiffs project.
Telephone, Electric Power and T.V. Cable will be umde available to the shopping
center. All such utility lines ,.All be ir~mlled underground.
The Developer shall receive reasormble assurance from the Collier County Utility
Department that the flows generated by this project can be accommodated prior
to connecting to the County's system.
5.4
~QLID WASTE DISPOSAL:
Such arrangements and agreements as necessary shnll be made with an approved solid
waste disposal service to provide for solid waste collection service to all areas of the
project.
5.5
WATER MANAOEMENT:
The conceptual water management plar~ and report identifies stormwater treatment
areas, design storms and flood routing results. This plan shows the general flow
direction and overall concept of the stormwater _,'nnrmgement system
A final detailed ~Lxster Drainage Plan will be submitted to the County Engineer
for f'mal review and approval. No construction permits will be issued unless and
until approval of the proposed construction in accordance with the submitted
phns is granted by the County Engineer.
An excavation permit will be required if modification to the existing lake ia
proposed, in accordance with Collier County Ordinance No. 88-26.
The ftrst phase of the project will include the entire lake and all stormwater
facilities to accommodate the proposed improvements within Phase One.
Ma. interk-mce easements around the lake will be reserved to the Developer until
such time as a responsible entity is set up for maintenance.
E. Disch~ge from the lnke will utilize a spreader swale.
Fo
A SFWM]D Permit will be obtained prior to detail site plan submission to the
County Engineer. If a permit is not required from SF'W3,ED, a letter from the
District, stating that position will be provided prior to site plan subml~siom
13
035 248
The develnper ~ provide t~ following improvement~,
The Developer w~l pr,avicte a fair ~.re conml~ution toward ~he capital
coat of trv./Ec signals a~ the two rr~fn en~ ii' ~ when ~emed
waz'rzmed by the County Ent:ia~er. The si&aals shall be owned,
Turn ~ tr~fl~c M~.% ~md improwments to U.S. 41 ~u~ C.R. 848
~ a result of pro~ect en~ra~ms ~ be ~ 's/te r~L~ted' ~
deemed i~ or~e 85-55 ~ ~b_,~ not be applied a~ credits towm'd
impact fees requ/red by that ordin~sce.
In accordam:e with Ordinance No.~-66, requiring devekrl~ment to
ccratr/bute it~ pr~e dmre of funds to a~c~mmodate the
otpr~ cl~tctoprrznt and area road~; the prc~ect developers ~' the~
su~c~ or ~.~ s~rees m P~kV road impa~ tees/n s.~cord~e with
th~ ord~m~ce, at su~ ~Lme as b-~ing permits ~e r~u~te&
~e ~ T~ok~!~ ~ ~ ~u~ ~e ~ ~om ~e ~ters~ ~ US
41 ~ ~o~ ~ ~ ~e ~~ ~ ~ ~ ~F~ Pow~
~e $~d ~ P~ ~~. ~e d~n of ~ H~-~.~y
~ ~ c~n ~ ~e to~ (4) m~ ~ tremor, ~ (~
~ ~ ~ req~ed ~ ~ ~. ~ ~t~-~y
~~ee ~ (~ ~6), ~ ~ ~ ~ d~er to o~ a
~~ Pe~: for ?~,~00 ~e f~ f~ comm~ b~ B~.
developer .~n provide left and right turn Zane~:~'pproa~h~-g the project
az:em pc~ta aa follow~:
On hnmokalee ~ (CB 84§), at the ma~n pro~ect entrance.
On U.S.41 (SiR 45), at the ma~ project eatrauce, subject to FDOT
appro
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Access/Egress to outparcels shall be interred: no ext, emal aa:ass points shall be
permitted on U.S. 41. or Immokalee R~ad (C,R. £,46) excep~ at ,~,~- entrances.
The Tra/r~ Impact Statement for impact fee ,~lyaia ~1_1 be ~ on ~
m;~m-m of 19,500 ~ ~ a min{mum ~ n~ ~p g~Qon ~r. At
All work in the lr~moksl~,e Rnad (C.I:L 848) right-of-wu,it ~ be in full
acccr~ with Ord!,~,G-~ No. 82-91.
After the k~itial 73,500'square feet of bmlah~g development, a ph.sed
develnpment approanh shall be required *_hpt prol:u'bi~ tl~ issuaJ~e of btnlding
perm/ta tmta the adnpted levels of service are achieved on beth
U.S. 41 a~al C.R. 846 within the project's radius of develol:an~t in,flu~,ce. The
Developer agrees that it obtains no ha~s ar ~g pursuant to this PUD
Agreemant to ~.).im vested ri~ts or assert equitable estoppel ag~in~rt Collier
Cottnt7, or to ~_l~e an~ expenditures or take ~ aaians (so as) to continue
with the total prol:~'d development beTond the 73,500 square feet approved
herein. ~ PUD Asre~,rn-n~ shall not entitte the Developer to obtah~ ,, fuml
Development of ~gion~! Inl~ Developmei~ Order al:rproving tile total
prolx~ed development nnr entitle Developer to hav~ or obtain partimJlar
conditions in the ~i,-~l Develnpment ofR egia-ml Iml:a~ Development Order.
The developer will coordinate on za~d off-site n'~Oyement of' traf~ ~
surrotmding properties by providlnE joint ~_~m with future resi,'Jcn~_ip!
developmen: tl~st may occur surroun~!(n~ the shoppk~ center. The developer
will provide left and right_ turn lanes when these major entrances are developed.
In the event, any property(k-s) surrounding the Sand Ekige PU'D are cotabined
with the Sa-d Ridge PUD and a Dev~lopmen~ of Reg/n~ Impact. is requested
or required, the project develo~.~ or their successors'and ~to-~igns agree to abide
by snd do all th/rigs r~quired by the Collier Co,,n~7 Growth ~,(a _~_ ~t Plan
Co.qcurr~ncy ~'%f~mrmgement System and applkmble to suc~ Development o£
,oo 835 , , 250
5.7
~ENVIRQ.'~IENTAL C0NSfDERATIONS:
Developer shall_ be subject to Ordiru~ce No.75-21 (or the tree/vegetation removal
ordinance in exLstence at the time of permitting), requiring the acquisition of
a tree removal permit prior to any land clearing. A site clearing pl~ stroll be
submitted to the Natural Resources Management Department for their review
and subject to approval prior to any work on the site. This plan may be
submitted in phases to coincide with the development schedule. The site
clearing plan sl'~ll clearly depict how the final site layout incorporates retained
native vegetation to the rn~',ximum extent possible and how roads, buildings,
lakes, parking lots, and other facilities h~ve been oriented to accommodate thJ~
goal.
Native species shall be utilized, where av,~iL~ble, to the ~um extent possible
in the s[te landscaping des[gm A landscaping plan will be submitted to the
Community Development Division and the Nature Resources Management
Department for their review a_nd subject to their approval. This plan will depict
the incorporation of native species and their mix with other species, if any. The
goal of site lm'tdscaping shall be the re-creation of native vegetation and habitat
clmracteristics lost on the sit~ during construction or due to past activities.
Co
All exotic plant~, as defined in the County Code, shall be removed during each
phase of construction from development areas, open space areas, and preserve
areas. FoLlowing site development, a ~m.~intenance program shall be implemented
to prevent re-invasion of the site by such exotic species. This plan, wklch will
describe control techniques and hmspection intervals, shall be £ded with and
subject to approval by the Natural Resources Marmgement Department and the
Community Development Division.
If, during the course of site clearing, excavation, or other construction a~tivities,
an arclmeological or historical site, artifact, or other indicator is discovered, all
development at ttmt location shall be {mmediately stopped and the Natural
Resources Management Department notified. Development will be suspended
for a sufficient length of time to enable the Natural Resources Management
Department or a desigrmted consultant to assess the fmd and determine the
proper course of action in regard to its salvageability. The Natural Resources
Marmgement Department will respond to any such notification in a timely and
efficient manner so as to provide only a rnln~rn.~l interruption to any construction
a~tivities.
~00~
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STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 89-28
which was adopted by the Board of County Commissioners on the
23rd day of May, 1989, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of June, 1989.
JAMES C. GILES .
Clerk of Courts and Clerk \:~u":"-:J6
Ex-officio to Board of :,'. .. ..
Coun~Commissioners -'~ '., .
By: /s/Virginia Magri ..~ ... ..' '..
Deputy Clerk ~. ......
'77/ '"