Ordinance 85-11m
m
'~ILL1AB .1.
(:LER~, OF
,,,OLLIE.n. COYtI'I'Y. FLORIDA
b"ItERF~S, Collier Pevelopment Corporation,' petitioned the Board
of County Commissioners to chan~e the Zonin~ Classification of the
herein described real propertyl
NOW, 'fTIEREFORE RE IT ORDAINED by the Board of County
Comissloners of Collier County, Florida:
SECTION ONE:
The Zoning Classification of the herein described reel property
located in Sections 11, 12 & 13, Toimship 50 S, llanos 25, Collier
County, Florida is chan%sd from C-3 and PJ~F-6 to "PUD" Planned Unit
Development in accordance with the PUD document attached hereto aa
Exhibit "A" which is incorporated herein end by reference ,-ads part
hereof. The Official Zonin~ Atlas ~lap Number, Number 50-25-1 &
50-2S-6, as described in Ordinance 82-2. is hereby amended
accordin&ly.
,o,, 019,,,:347
SECTION TWOt
This Ordinance ehall becmae effective upon receipt of notice
that is hae been filed vith the Becretary of Btate,
DATEr ~tarch 19, 1985
BOARD OF COUSTY COI~HISSIONERS
COLLIER COU~W, FLORIDA
FREDF-R;C~ J, ~VOSS, CHAIPJ~AN
~ "*. .... J~PPit(~'I~t'A$ TO ,vOR~ AJ~ID LECIL SUFFICI~CT
Ord,....
STATE OF FLORIDA )
COUNTY OF ~OLLIE~ )
I, ~ILLI~ 3. ~AG~, ~lerk of Courts In and for the
~en~leth 3u~lci~l Circui:, Collior County, Florida, do
hereby certify tha~ ~he fore~oiu~ is a true original
O~I~C~ 8~-11
~hich ~as adop~od by ~he Board of Cowry Comis,ioners during
~egular Session on the lg~h day of ~arch, 1985.
~I~ESS my hand and ~he officisl seal of the ~o~rd
Coun:y Co~issioners of Collier County, Florida, this 19~h ' '
day off ~arch,
WILLIAM J. REACAN
Clerk of Courte and Clerk
Ex-Officio to Board of
County Commissioners
~f,{rginia Magr~/
Deputy Clerk
A COM~tERCIAL
PLANNED UNIT OF DEVELOPMENT
fOR
20.08 ACRES LOCATED IN SECTIONS 11, 12, AND 13,
TOWNSRIP 50 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA
PREPARED BY ~
COLLIER DEVELOPMENT CORPORATION
3003 NORTH TAMIAMI TRAIL
NAPLES, FLORIDA 33940
DATE ISSUED 3/19/85
DATE APPROVED BY CAPC 1/17/85
DATE APPROV.'S',~ BY BCC 3/19/85
(OI~DI NAI~C~ NO.) 85-11
TABLE Ol~ CONTENTS
SECTION I
STATENENT OF COMPLIANCE ..........
SECTION I!
STATENENT OF INTENT ............
SECTION III
PI~0PERTY OWNERSHIP & LEGAL DESCRIPTION. . .
SECTION IV
GENERAL DEVELOPMENT REGULATIONS ......
SECTION V
GENERAL DEVELOPMENT COMMITMENTS ......
PAGE
4-8
9-14
SECTION I
STATF2tENT OP COMPLIANCE
The purpose of this 'Section ia to express the interest of
Collier Development Corporation to develop 20.08 acres of
land located in Sections 11, ll, and 13, Township 50 South,
Range 25 East, Collier County, Florida.
The development of this land aa a Planned Unit of Development
will be in compliance with the planning goals and objectives
of Collier County as sst forth in the Comprehensive Plan.
The project development will be consistent with the growth
policies and land development regulations of the Comprehen-
sive Plan Land Use Element and other applicable documents for
the following reasons,
1)
2)
3)
4)
5)
6)
The subject property has the necessary rating
points to determine criteria for commercial rexones
and the availability of adequate community facili-
ties and services.
The project development Is compatible
complementary to the surrounding land uses.
and
All Improvements will be in compliance with all
applicable regulations.
The ptoJect development will result in an efficient
and economical extension of community facilities
and services.
The project development may be used more effi-
ciently and made more desirable resulting in
smaller network of utilities and streets with
consequent lower conatr,3ction and future mainte-
nance costs than the conventional current zoning.
The project development will permit flexibility
which features amenities and excellence in the form
of variations and in siting, land usage, and varied
building units than the conventional current
zoning.
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SECTION II
STATEMENT OF INTENT
The Durpose of thil lection is to express the intent of
Collier Development Corporation to commence development of a
commercial hotel/shopping center planned unit of development.
It is the intent of Collier Development Corporation to
continue the development of architecturally unified commer-
cial establishments built on the project site and on the
concept of planned arrangement and unified management con-
t:ol. The unifi=d development approval under the PUD dis-
trict designation will ensure that the hotel/shopping center
is aesthetically pleasing and functionally efficient. It
will allow an efficient pattern of internal circulation to be
established, and limited points of vehicular ingress and
egress. Thele functional and aesthetic advantages, which
cannot be provided in the conventions1 Itrip commercial
development configurations, have been maximized and shall be
justained in the approval of this planned unit of develop-
ment.
This planned unit of development shall be limited to specific
commercial uses which are compatible and inter-related to the
business operations of a hotel/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 of this
document to set forth the complete plan, regulations and
conditions of development along with other Information
required in accordance with the PUD ordinance.
It is further the intent of Collier Development Corporation
to commence development once all neccaaary permits and
approvals have been granted.
-2-
SECTION III
3.1 PROP£RTY OWNERSHIP
The subject property is currently under the control of
Collier Development Corporation, 3003 North Tamiami
Trail, Naples, Florida 33940.
3.2 LEGAL DESCRIPTION
The subject property is described
A tract of land in Sections 11, 12 and 13,
South, Range 25 East, Collier County,
particularly described as follows)
Township 50
Florida, more
From a concrete monument marking the southwest corner of
Section 12 and the point of beginning of the herein
described tract run along the south line of said Section
12, S 89 degrees 59'12" E 331.40 feet; thence S 00
degrees 15'36" E 126.12 feet to the north line of
Baldeman Creek (Deed Book 28, page 1933; thence continue
S 00 degrees 15'36" E 150.01 feet to the south line of
said Haldeman Creek; thence N 89 degrees 01"07" E 838.57
feet to the southwesterly right-of-way line of US 41;
thence along said right-of-way line N 39 degrees 03'31"
W 1306.74 feet to a point of curvature! thence 401.97
feet along the arc of a curve to the left having a
radius of 1773.76 feet, a central angle of 12 degrees
59'04' and a chord bearing N 45 degrees 33'03" W 401.11
feet to a point of tengency; thence continue along said
right-of-way line N 52 degrees 02'35' W 85.20 feet to a
concrete monument marking the northeast corner of Lot 3,
Block A, Zastgate Subdivision (Plat Book 1, page 56)~
thence along tbs east line of said Lot 3 S 00 degrees
18'23" E 97.77 feet; thence S 89 degrees 12'11" W 138.50
feet along the north line of Lot 4 in said Eastgate
Subdivision; thence S 00 degrees 11'18" E 100.28 feet;
thence N 89 degrees 13'43" E 138.71 feet along the north
line of Lot 6 in said Eastgate Subdivision; thence S 00
degrees 18'23' E 100.34 feet; thence S 89 degrees 15'15"
W 138.91 feet along the south line of Lot 7 in Eastgate
Subdivision; thence S 00 degrees 11'18" E 757.17 feet
along the east line of Peters Avenue; thence N 89
degrees 28'37" E 140.47 feet along the north line of the
south 30 feet of Lot 23, in said Eastgste Subdivision
(O.R. Book 34, page 472); thence S 00 degrees 18'23" E
30.00 feet to the Point of Beginning. The described
lands containing 20.08 acres.
Described and computed in accordance with Survey Drawing
No. 84.107-2, Coastal Engineering Consultants, Inc.
-3-
mm mm mm
SECTION IV
GENERAl, DEVELOPMENT I~GULATIONS
The purpose of this section ie to met forth the regula-
tions for development of the proposed 20.08 acrs Planned
~nlt of Dsvslopment identified on the ~aater Development
Plan.
4.2 ~
Tbs project plan including street layout la iljustrated
in the Master Development Plan as prepared by $chmitt
Design and Associates, Inc., Drawing No. 426 A.
4.3 ~
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. Antique shops
2. Appliance stores
3. Art studios
4. Art supplies
5. Automobile parts stores
6. Automobile service stations
7. Bakery shops (including baking incidental
retail or wholesale sales)
8. Banks (branch or main office)
institutions
9. Barber and beauty shops
10. Bath supply stores
11. Blueprint shops
12. Bicycle sales and services
13. Book stores
14. Carpet and floor covering salem
storage and installation)
15. Child care centers
16. Cocktail lounges on hotel
commercial recreation (indoor)
17. Clothing stores
18. Commercial schools
19. Confectionery and candy stores
to
and financial
(including
site only,
-4-
20. Delicatessent drive-in restaurantst drug
stores! dry cleaning shops! dry qoods stores
and department stores
21. Electric supply stores
22. Fish storesl florist shops! food markets~
furniture stores! furrier shops and fast food
restaurants
23. Gift ihopl, gourmet shops
24. Hardware stores~ health food stores~ hobby
supply storest homes for the aged~ hotels and
motels
25. Ice cream stores~ ice sales~ interior decora-
ting showrooms
26. Jewelry stores
27. Laundries, leather goods, and luggage stores~
locksmiths and liquor ~tores
28. Heat market! medical office or clinic for
human cars~ millinery shops~ motion picture
theatsr~ music stores
29. Office (retail or professional)~ office supply
stores
30. Paint and wallpaper stores~ pet shops~ pet
supply stores~ photographic equipment stores~
post office
31. Radio and television sales and servics~ small
appliance stores! shoe sales and repairs~
restaurants
32. Souvenir stores~ stationery stores~ shopping
centers! supermarkets subject to site develop-
ment plan approval
33. Tailor shops! tobacco shops~ toy shops~
tropical fish stores
34, Variety storss~ veterinary offices and clinics
(no outside kenneling)
35. Watch and precision instrument sal~s and
repair
36. Any other commercial use or professional
service normally allowed in C-3 Zoning Dis-
trict with approval of the Zoning Director.
Permitted Accessory Uses and Structures=
1. Accessory uses and structures customarily
associated with the uses permitted in this
district
2. Caretaker's residence
Ce
Exception to Maximum height
Development Plan Approval:
Subject To Site
The building height over 70' for the hotel/motel
up to a maximum height of 100 feet is subject to
site developn~nt plan approval in accordance with
the Zoning Ordinance.
4,4 MINIMUM YARD
ae
From property boundary line abutting U.S. 41 right-
of-way line - 15 feet within which no parking shall
be allowed nor any merchandise displayed.
From western property boundary line abutting Peters
Avenue right-of-way line - 25 feet
From abutting residential zoned propertic~ and the
southern property boundary line - 50 feet
From property boundary line other than A, B, or C
above - 10 feet
Ee
Minimum distance between principal structures -none
or 15 feet
4 · 5 FIZ:)OR AREA REO[].IREMEFI'S FOR
MAXIMUM NUMBER D? UNYT'q
HOTFL/MOTEL UNITS AND
Three hundred square feet minimum with a five hundred
square foot maximum except that 20% of the total units
n~y be utilized for suites or penthouses. The maximum
permitted number of unit~ ia 155 units.
Seventy feet (70') for hotel/motel except as provided
for in Section 4.3(C)1 all other uses thirty-five feet
(35')
4 .'7 MINIMUM OFF-STREET PARKINO
AND OFF-STREET LOADINC
As required by the Zoning Ordinance in effect at the
time of application for building permits. The developer
intends to request approval by the Zoning Director for
the substitution of landscaping for parking provided
that these landscaped areas are reserved for future
parking if the County determines additional spaces are
needed. Should the developer request substitution of
landscaping for parking on the hotel site, consideration
of such a request shall be given first to the area
adjacent to and along the western property boundary of
the single family residential zoned properties.
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4.8 U~RLR OPeN ~PACR
At least 301 of the gross acreage of the total site will
be devoted to usable open space when fully developed.
These open spaces include perimeter landscape buffers,
planting islands in parking lots and other vehicular use
areas, and the landscaped areas on the perimeter of the
building.
4.9 ~
A. Individual Business Signsz
Wall, marquee, or hanging signs below the canopy of
the shopping center, with an area not more than
twenty percent (20%) of the total square footage of
the front wall or facade area under the canopy,
with a maximum of 250 squa£e fees per rental unit.
B. Out Parcel Slgns~
Two wall or marquee signs per out parcel with an
area not to exceed 20% of the total square footage
of the wall to which it shall be affixed, with a
maximum of 250 square feet per sign, or one wall/
marquee sign and one free-standing, on-premise sign
per out parcel not to exceed one hundred (100)
square feet maximum. Maximum height, twenty-five
feet (25') for free-standing signs.
Project Identification Signsz
Two project identification signs, each not to
exceed two hundred and fifty (250) square feet and
one project identification sign at each major
entrance to the shopping center not to exceed one
hundred and fifty (150) square feet per entrance.
Maximum height, twenty-five feet (23').
P. Additional Design Requirements~
Additional guidelines which are more stringent than
those contained in the Zoning Ordinance in effect
at the time of application for a building permit
may be established by the developer to ensure
maximum consistency and continuity in the design
and location of signs.
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4.10 MINIM~'M ~ND~CAPIN(~
As required by the Zoning Ordinance in effect at the
time of application for building permits. To serve as a
visual buffer, the project sponsor will landscape in
conjunction with a six foot (6') high chain link fence.
Beginning at the south driveway on Peters Avenue, the
fence will be located along the property boundary line
and run southward to the point of intersection with the
northe=n line of Haldeman Creek drainage easement. For
the residential properties to the south, ~ gate for
pedestrial access will be provided by the developer. A
landscape buffer in accordance with Section 8.37 of the
Zoning Ordinance will be provided beginning along the
west project boundary commencing at the south dtiveway
on Peters Avenue and continue southward to the point of
intersection with the northern line of ~aldeman Creek
drainage easement which is adjacent to oc across from
tesidentially zoned ptope=ty. It is the developer'e
intention to p=ovide additional landscaping beyond the
landscape buffer requirements of the Zoning Ordinance to
c~eate an outstanding shopping environment.
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SECTION V
GENERAL DEVELOPMENT COMMITMENTS
The purpose of this Section is to set forth the stand-
ards for the development of the project.
PUD MAET~.R D£VELDPM£NT pLAN
Ae
Be
The PUD Master Development Plan is an iljustrative
preliminary development plan as prepared by Schmitt
Design and Associates, Inc., Drawing No. 426 A.
The specific uses and the layout of Out Parcels No.
1 and 2 have not been determined. The maximum
square footage of the shopping center and outpar-
cell, excluding the hotel/motel lite, shall not
exceed 114,475 total square feet.
The desig, criteria and layout iljustrated in the
Master Development Plan and the architectural
elevations and cross-sections bnich accompany thio
submission shall be interpreted as preliminary and
understood to be flexible so that the final design
may best satisfy the project and comply with all
applicable requirements. Minor design changes
shall be permitted subject to Staff approval.
All necessary easements, dedications, or other
instruments shall be granted to insure the contin-
ued operation and maintenance of all service
utilAties.
Overall site design shell be harmonious in terms of
landscaping, enclosure of structure, locations of
all improved facilities, and location and treatment
of buffer areas.
5.3 ~
A centrel weter supply system shall be made avail-
able to all areas of the project. The water supply
source for the project shall be the City of Naples
system. The developer shall submit with the con-
struction documents for the proposed utility
facilities a letter from the City of Naples which
confirms their intent to furnish potable water
service to tho project.
-9-
Al! areas of the prelect shall be served by a
central wastewater collection system and by a
temporary on-site treatment system in an approved
location. Tho project sponsor agrees to dedicate
collection lines and transmission facilities to the
County Water-Sewer District upon completion and
prior to activation.
Data required under County Ordinance No. 80-112
showing the availability of sewage service, must be
lubmitted and approved by the Utilities Division
prior to approval of the construction documents for
the project. Submit a copy of the approved DER
psrmlts for the sewage collection and transmission
systems and the wast.water treatment facility to be
utilized, upon receipt thereof.
Central water distribution and sewage collection
and transmission systems will be constructed
throughout the project development by the developer
pursuant to all current requirements of Collier
County and the State of Florida. These water and
sewer facilities will be ~onstructed within ease-
ments to be dedicated to the County for utility
purposes o~ within platted rights-of-way. Upon
completion of construction of these water and sewer
facilities within the project, the facilities will
be tested to insure they meet Collier County's
minimum requirements at which time they will be
dedicated to the County pursuant to appropriate
County Ordinances and Regulations in effect at the
time dedication is requested, prior to being placed
into service.
All construction plans and technical specifications
and proposed plats, if applicable, for the proposed
water distribution and sewage collection and trans-
mission facilities must be reviewed and approved by
the Utilities Division prior to commencement of
construction.
All customers connecting to the water distribution
facilities will be customers of the City of Naples.
All customers connecting to the sewage collection
facilities will be customers of the County and will
be billed by the County in accordance with a rate
structure and service agreement approved by the
County. Review of the proposed rates and subse-
quent approval by the Board of County Commissioners
-10-
must be completed prior to activation of the water
and sawer facilities servicing the project. Rate
reviews muut be in full compliance with County
Ordinances No. 76-71 and 83-18 aa amended, revised
or superseded.
It is anticipated that the County Utilities Divi-
sion will ultimately treat the sewage generated by
this project. Should the County system not be in a
position to receive the project's wastewater at the
time development commences, the Developer, at his
expense, will install and operate interim on-site
sewage treatment and disposal facilities adequate
to meet all requirements of the appropriate regula-
tory agencies.
The developer shall enter into agreement with the
County stating that~
1. The proposed on-site waatewater treatment and
disposal facilities, if required, are to be
constructed aa part of the proposed project
and must be regarded as interim! they shall be
constructed to State and Federal standards and
are to be owned, operated and maintained by
the Owner, his assigns or successors until
such time as the County's Central Sewer
facilities are available to service the
project. Prior to placing the sewage collec-
tion, tranamlsston and treatment facilities
Into service, the Developer shall submit, to
the County (Utility Rate Regulating Board) for
their review and approval, a schedule of the
rates to be charged for providing sewage
treatment to the project area.
2. Upon connection to the County's Central Sewer
Facilities, the Owner, his assigns or succes-
sors shall abandon, dismantle and remove from
the site the interim sewage treatment facil-
Ity. Ail work related with this activity
shall be performed at no cost to the County.
3. Connection to the County's Central Sewage
Facilities will be made by the owners, their
assigns or successors at no cost to the County
within 90 days after such facilities become
available.
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4e
5e
All construction plans and technical specifi-
cations related to connections to the County's
Central Sewer Facilities will be submitted to
the Utilities Division for review and approval
prior to commencement of construction.
The o~ners, their assigns or successors shall
agree to pay all applicable system development
charges at the time that Building Permits are
required, pur~uant to appropriate County
Ordinances and Regulations in effect at the
time of Permit request. This requirement
shall be made known to all prospective buyers
of properties for which building permits will
be required prior to the start of building
construction.
The County at its option may lease for oper-
ation and maintenance the sewage collection
and transmission system to the project owner
or his assigns for the sum of $10.00 per year·
Terms of the lease shall be determined upon
completion of the proposed utility construc-
tion and prior to activation of the sewage
collection, transmission and treatment facil-
ities.
Telephone, power, and T. V. cable service shall be
made available to the building units. Ail such
utility lines shall be installed underground.
J. Lighting facilities shall be arranged in a manner
which viii protect neighboring residential proper-
ties from direct glare.
5.4 SOLID WASTE DISPOSAL
Such arrangements and agreements as necessary shall 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 MANAGEMENT
A detailed Master Drainage Plan shall be submitted
to the water Management Advisory Board for review
and approval. No construction permits shall be
issued unless and until approval of the proposed
construction in accordance with the submitted plans
is granted by the County Zngineer.
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5.6
5.7
An Excavation Permit will be r~quired for the
proposed 1&ks in accordance with Collier County
Ordinance Number 80-26, as amended by Ordinance
Numbsr 83-3.
ae
The dsveloper shall provide the following improve-
ments~
1)
Traffic signalization at intersection of US 41
and Courthouse entrance/western project
entrance.
2)
A right-turn lane into the project for east-
bound traffic along US 41 and a left-turn lens
for wc~tbound traffic and intersection
improvements as required by DOT and County
Engineer at the Courthouse entrance.
Access to Peters Avenue
The CAPC shall approve
along U.S. 41.
shall be limited to two.
any additional accesses
Ce
The developer will provide an asphalt sidewalk
along U. S. 41 if the Plorida Department of Trans-
portation does not make this improvement within
three years.
ENVIRDNMENTAL CONSIDERATIONS
Be
Native species shall be utilized, where available,
to the maximum extent possible in the site
landscaping design. The goal of site landscaping
shall be in the recreation of native vegetation and
habitat characteristics lost on the site during
construction or due to past activities.
All exotic plants, as defined in the County Code,
shall be removed during each phase of construction
from development areas, open apace areas, and
preserve areas. Following site development, a
maintenance program shall be implemented to prevent
reinvasion of the site by such exotic species.
This plan, which will describe control techniques
and inspection intervals, shall be filed with and
approved by the Natural Resources Management Office
and the Building Department.
If during the course of site clearing, excavation,
or other constructional activities, an archaeolog-
ical or historical site, artifact, or other indica-
tor is discovered, all development at that location
-13-
U19,,,.,363
Be
shall be lmmldiltely stopped and the Natural
Resources #anegement Office notified. Development
will be luu~e.d~ fo= I sufficient length of time
to enable the Natural Resources Management Depart-
ment o= & designated consultant to assess the find
~nd determine the p~'oper course of lotion in regard
to its salvageability. The Natural Resources
Hansgement Office will respond to any such
notification in a timely and efficient manner so as
to provide only a minimal interruption to any
constructional activities.
The developer will work with the County gnvironmen-
taller on specific site design in the area of the
hotel.
%~ee removal applications and protection plans have
not been reviewed as part of this p~ ordinance.
The developer shall comply with all Collier County
Ordinances relating to the protection and preserva-
tion of trees.
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