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Ordinance 2002-68ORDINANCE NO. 02- 68 AN ORDINANCE AMENDING oRDINANCE NIJMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9628N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS FOUNDERS PLAZA PUD, FOR PROPERTY LOCATED ON BOTH SIDES FO GOLDEN GATE PARKWAY AT THE SANTA BARBARA CANAL CROSSING IN GOLDEN GATE CITY, IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13.33 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96.5, AS AMENDED, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Tim Hancock, of Vanasse & Daylor, LLP, representing Park East Development, LTD, 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 Collier County, Florida, that: of County Commissioner of SECTION ONE: The Zoning Classification of the herein described real property located in Section 28, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which ia incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9628N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO~ Ordinance Number 96.5, as amended, adopted on February 27, 1996, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THRE~-_ TLis Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County County, Florida, this ~ day of ~ZO~Im~Lv - _, 2002. Commissioners ATTEST: DWIGHT E..BROCK, Clerk MarjoraM. Student Assistant County Attorney G:/admin/PUDA-200 I-ar-431/RB/cw BOARD OF COUNTY COMMISSIONEI~ COLLIER COUNTY, FLORIDA N. COLETTA, CHAIRMAN This ordinance filed with the Secre.tar~ of State's Office the · 2'5.____~doy of ~, ~. ond acknowledgement of that fili.ng received this ~ dcy DepW Founders Plaza A PLANNED UNIT DEVELOPMENT PREPARED FOR: Park East Development, Ltd. 5395 Park Central Court Naples, FL 34109 PREPARED BY: Tim Hancock, AICP 3001 Tamiami Trail North, Suite 206 Naples, FL 34103 REVISED BY COLLIER COUNTY: September 30, 2002 DATE PUD DOCUMENT FILED: January 25, 2001 DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: December 17, 2002 ORDINANCE NUMBER: 2002-68 EXHIBIT "A" TABLE OF CONTENTS TABLE OF CONTENTS: LIST OF EXHIBITS: STATEMENT OF COMPLIANCE: SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI PROPERTY OWNERSHIP AND DESCRIPTION: PROJECT DEVELOPMENT REQUIREMENTS: COMMERCIAL AREAS PLAN FOR TRACTS 'A' AND 'B': COMMERCIAL AREAS PLAN FOR TRACTS 'C', 'D', and 'E COMMERCIAL AREA PLAN FOR TRACT 'F' DEVELOPMENT COMMITMENTS: 2 3 4 5 7 9 14 17 2O 2 PUD MASTER PLAN: LIST OF EXHIBITS EXHIBIT "A" STATEMENT OF COMPLIANCE The development of approximately 13.33 acres of property in Collier County, as a Planned Unit Development to be known as Founders Plaza PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan and the Golden Gate Area Master Plan. The commercial facilities of the Founders Plaza PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Golden Gate Parkway Professional Office Commercial District Land Use Designation as identified on the Golden Gate Area Future Land Use Map, as described in the Land Use Designation Description Section of the Golden Gate Area Master Plan. The Golden Gate Area Master Plan permits commercial land uses in this area. The subject property is located along both sides of Golden Gate Parkway, between 53rd Street Southwest and 52n'~ Ten'ace Southwest. This strategic location allows the project superior access for the location of commercial and professional office land uses, as permitted by the Golden Gate Area Master Plan. o The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The project development is compatible and complimentary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. o The project development will assist in enhancing quality of life by improving the aesthetics of the project's neighborhood as described in Objective 1.4 of the Golden Gate Area Master Plan. o The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 4 SECTION I 1.1 PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property and to describe the existing conditions of the property proposed to be developed under the project name of Founders Plaza PUD. 1.2 LEGAL DESCRIPTION The subject property being 13.33 acres, more or less, and located in Section 28, Township 49 South, and Range 26 East, is described as: Lots 4, 5 & 6, Block 206, Lots 1 - 4, Block 207, Lots 28- 31, Block 217 as recorded in Plat Book 5, Pages 124 through 134 of the Public Records of Collier County, Florida, together xvith Lots I -7 Block 243, Lots 1 -4, Block 262, and Lots 13- 16, Block 261, as recorded in Plat Book 5, Pages 135 - 146 of the Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP Lots 4, 5 and 6, Block 206 and Lots 1-4, Block 207 are owned by Bishop John J Nevins, Diocese of Venice, 1000 Pinebrook Road, Venice, Florida, 34292-1426. The balance of the property is owned by Park East Development, Ltd., 5395 Park Central Court, Naples, FL 341O9. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA mo The subject property is located on both sides of Golden Gate Parkway, between 53rd Street Southwest and 52nd Terrace Southwest in Golden Gate City (unincorporated Collier County), Florida. B. The subject property consists of 26 platted lots. The entire project site currently has PUD Zoning and is proposed to be rezoned to PUD. The properties identified on the PUD Master Plan (Exhibit A) as Tracts 'A' and 'B' have been developed for the parish, offices and parking for a church. This PUD document does not change any of the commitments or requirements as they relate to Tracts 'A' and 'B'. The intent of this PUD is to preserve the zoning on Tracts 'A' and 'B', and to modify the development standards on Tracts 'C', 'D', 'E' and 'F' to mirror recent changes to the Golden Gate Master Plan and to update the PUD Document with respect to those Tracts. 1.5 PHYSICAL DESCRIPTION The project site is located within the Main Golden Gate Canal Sub-Basin. Water from the site flows westerly through the Santa Barbara Canal, southerly into the Gordon River, and finally into Naples Bay. Elevations within the project site range from 9 feet to 12 feet, with a majority of the site between 11 and 12 feet. The entire site is within Flood Zone "X" per Flood Insurance Rate Map Panel#120067 0415 D. Per the USDA Soil Maps, the predominant soil type on the site is Urban Land Holopaw Basinger Complex. Approximately the eastern 10 percent of the site is Urban Land Matlancha Limestone Substratum Boca Complex. Since the lots have been previously filled, the project is composed mostly of weeds with occasional Australian Pines, Brazilian Peppers and Slash Pines. Lot #16, Block 261, Unit 7, is the only lot with a significant amount of non-exotic trees, that being approximately 15 Slash Pines. The exotic species are in the process of being eliminated from the site. 1.6 PROJECT DESCRIPTION The Founders Plaza PUD will include a mixture of professional offices, an existing church and commercial uses. The Master Plan is illustrated graphically as Exhibit "A", PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the Plan. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Founders Plaza Planned Unit Development Ordinance". 6 2.1 2.2 2.3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this section is to delineate and generally describe the project plan development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project as well as other project relationships. GENERAL A. Regulations for development of the Founders Plaza PUD shall be in accordance with the contents of this Document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of Founders Plaza shall become part of the regulations, which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code at the earliest, or next, to occur of either final site development plan approval, final plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. Bo Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5.6 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. Co In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public) shall be established and/or vacated within or along the individual lots, as may be necessary. 7 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS mo Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the subdivision regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans, of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. SECTION III COMMERCIAL AREAS PLAN FOR TRACTS 'A' AND 'B' 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Tracts 'A' and 'B'_as shown on Exhibit "A", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated on the PUD Master Plan as Tracts 'A' and 'B' are intended to provide professional offices and low intensity commercial land uses. These Tracts are located on the north side of Golden Gate Parkway, east of the Santa Barbara Canal, and are within the Golden Gate Parkway Professional Office Commercial District of the Golden Gate Area Master Plan. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Accounting, auditing, and bookkeeping services (group 8721). 2. Business Services (groups 7311, 7313, 7322-7331, 7335-7338, 7361, 7371, 7373- 7376, 7379). 3. Depository institutions (6021-6062). 4. Eating places [group 5812 (except carry-out restaurants; contract feeding; dinner theaters; drive-in and drive-through restaurants; fast food restaurants; food service, institutional; industrial feeding; pizzerias; restaurants, carry-out; submarine sandwich shops)]. 5. Engineering, architectural and surveying services (groups 8711 - 8713). 6. Health services (groups 8011-8049). 7. Holding and other investment offices (groups 6712-6799). 9 8. Insurance carrier, agents and brokers (groups 6311-6399, 6411). 9. Legal services (group 8111). 10. Management and public relations services (groups 8741-8743, 8748). 11. Membership organizations (groups 8611,8621). 12. Museums and art galleries (group 8412). 13. Churches (group 8661) with a maximum building height 45 feet. 14. Non-depository credit institutions (groups 6141-6163). 15. Personal services (groups 7221,7291). 16. Public administration (groups 9111-9199, 9229, 9311,9411-9451, 9511-9532, 9611-9661). 17. Real estate (groups 6512-6514, 6519, 6531-6553). 18. Research, development and testing services (group 8732). 19. Security and commodity brokers, dealers, exchanges, and services (groups 6211- 6289). 20. Transportation services (group 4724). 21. Veterinary services (group 0742, excluding outside kenneling). 22. Any other commercial use or professional service, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). Accessory Uses: Uses and structures that is accessory and incidental to the Permitted Uses within this PUD Document except for the overnight parking and storage of commercial vehicles in Tract "A". 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yards: Principal Structures: a. Front yards along Golden Gate Parkway - Forty (40) feet. b. Front yards along all other streets - Twenty-five (25) feet. c. Side yards between two lots within Tract 'A' of the PUD - Ten (10) feet. d. Side yard abutting the PUD perimeter - Twenty-five (25) feet. e. Side yard abutting the Santa Barbara Canal - Twenty (20) feet. f. Rear yards - Twenty-five (25) feet. Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application, except small, architecturally designed canopies, intended to provide shelter from the sun and rain for pedestrians within designated pedestrian rest areas, shall only be required to be set back from the external boundaries of the PUD, a distance often (10) feet. 10 Do Fo Go Distance Between Principal Structures: Twenty (20) feet. Minimum Floor Area: One thousand (1 }000) square feet for the principal structure on the first habitable floor. Maximum Height: For principal structures twenty-five (25) feet plus ten (10) feet for any parking area beneath the structures. For churches maximum building height shall not exceed forty-five (45) feet. Off-Street Parking and Loading Requirements: Shall be consistent with Division 2.3 of the Land Development Code in effect at the time of site development plan approval. Open Space Requirements: A minimum of thirty (30) percent open space, as described in Section 2.2.20.3.5 of the Land Development Code, shall be maintained for the developed parcels of land within the PUD. The petitioner shall submit data at the time of each Site Development Plan application that the subject parcel has a minimum of thirty (30) percent open space or that the subject parcel measured cumulatively with all previously developed parcels within the PUD will total a minimum of thirty (30) percent open space of the cumulative area. I. Landscaping and Buffering Requirements: A ten (10) foot wide Buffer "X" shall be constructed around the perimeter of Tracts 'A' and 'B', excluding driveways and sidewalks perpendicular to the adjacent road rights-of-way, and along the Santa Barbara Canal. Such Buffer "X" shall require one (1) shade tree per twenty (20) linear feet and a double hedgerow along its entirety, except where the PUD boundary abuts property that is not within the Golden Gate Professional Office Commercial District. Where the PUD boundary abuts property not within the Golden Gate Professional Office Commercial District, a fence or wall shall be constructed that is at least six (6) feet in height with a single hedge row on each side of the fence or wall. Fences and walls shall meet the requirements of Section 2.6.11 of the [and Development Code. Such fences shall be wooden, at least ninety-five percent (95%) opaque and designed and maintained to provide an architecturally finished appearance on both sides. Twenty-five (25) percent of such shade trees shall be a minimum often (10) feet in height, with a four (4) foot spread, and a one and three-quarter (1.75) inch caliper at time of planting and that will have a minimum canopy of fifteen (15) feet at time of maturity. The remaining seventy- five percent of such shade trees shall be a minimum of eight (8) feet in height, with a three (3) foot spread, a caliper of one and one-half (1.5) inches at time of planting, and will have a minimum canopy offitteen (15) feet at maturity. All shrubs shall meet the requirements for shrubs as described in Section 2.4.4 of the Land Development Code. 11 o o Buffering shall not be required between platted lots or projects within the PUD or along the Santa Barbara Canal. A minimum often (10) percent of the gross vehicular use area shall be landscaped. Required trees within the Parking Lot (Internal) Landscaping Areas shall be one (1) tree per seventy-five (75) square feet of Internal Landscaping Areas. These trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and one-half (1.5) inches at time of planting and have a minimum canopy of fifteen (15) feet at maturity. All other requirements of Section 2.4.5 of the Land Development Code shall apply. For building perimeter landscaping, each building shall have one (1) tree, four (4) shrubs, and twenty (20) square feet of planting area for each two hundred (200) square feet of first floor building area. These trees and plantings shall be planted in the areas adjacent to such buildings prior to the issuance of certificates of occupancy. The trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and one-half (1.5) inches at time of planting and have a minimum canopy of fifteen (15) feet at time of maturity. Planting areas shall consist of landscaped areas, raised planters or planter boxes with a minimum of one (1) shrub for each ten (10) square feet of planting area. At the time of preliminary site development plan application, the site plan shall show a front pedestrian rest area for each platted lot, including any fraction greater than one-half (1/2) of a platted lot, and a rear pedestrian rest area for each building. (a) Front pedestrian rest areas, at a minimum, shall include the following: two (2) park benches; two (2) native shade trees and six (6) shrubs that are not counted towards any other landscaping requirements; a brick paver block or Bomanite (brick or stone design) sidewalk leading from the sidewalk along Golden Gate Parkway through the project's first row of parking; and one (1) architecturally compatible light post not exceeding sixteen (16) feet in height; all located within a minimum area of four hundred (400) square feet. The areas not utilized for these requirements shall be landscaped. The trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and, one-half(1.5) inches at time of planting, that will have a minimum canopy of fifteen (15) feet at maturity. (b) Rear pedestrian rest areas, at a minimum, shall provide the following: two (2) park benches; two (2) native shade trees and six (6) shrubs that are not counted towards any other landscaping requirements; a brick, paver block or Bomanite (brick or stone design) sidewalk leading from the adjacent building to the park benches; and one (1) architecturally compatible light post not exceeding sixteen (16) feet in height; all located within a minimum area of three hundred (300) square feet. The areas not utilized for these requirements shall be landscaped. Such minimum area shall be located adjacent to any building. The trees shall be a minimum of eight (8) feet in height with 12 a minimum caliper of one and one-half (1.5) inches at time of planting that will have a minimum canopy of fifteen (15) feet at maturity. (c) Projects on lots within Tract "B" may relocate rear pedestrian rest areas within that same Tract, such as along the Canal, as long as all of the required amenities are provided. The architecturally compatible lighting shall not exceed sixteen (16) feet in height and shall be provided along the rear of the lots previously occupied by alleys or cul-de-sacs. Such lighting facilities shall not create glare onto adjacent residential properties. Do SIGNS: All project signs shall be consistent with Division 2.5 of the Land Development Code 13 4.1 4.2 4.3 SECTION IV COMMERCIAL AREAS PLAN FOR TRACTS 'C', 'D' &'E' PURPOSE The purpose of this section is to identify specific development standards for Tracts 'C', 'D' and 'E' as identified on Exhibit A, PUD Master Plan. GENERAL DESCRIPTION Areas designated as Tracts 'C', 'D' and 'E' on the PUD Master Plan are intended to provide professional offices and commercial land uses consistent with the Golden Gate Master Plan. These Tracts total +/- 6.85 of the +/-13.33 acres of the PUD and are located northwest, southeast and southwest of the intersection of the Golden Gate Parkway and the Santa Barbara Canal. All tracts lie within the Golden Gate Parkway Professional Office Commercial District. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted principal uses and structures for Tracts "C","D", & "E" as shown on Exhibit "A", PUD Master Plan: 1) All permitted uses and structures listed under Section 3.3.A of this Document, except #4. 2) Apparel and accessory stores (groups 5611-5699). 3) Auto and home supply stores (groups 5531 and 7549, auto accessory dealers-retail, automobile parts dealers-retail and speed shops-retail only). 4) Eating places (group 5812, except carry out establishments, drive through only establishments, commissary restaurants, concession stands, contract feeding, food service-institutional, hamburger stands, hot dog stands, snack shops, soft drink stands and tea rooms, ice cream stands, industrial feeding and refreshment stands). 5) Food stores (groups 5411-5499 except convenience food stores- retail, grocery stores and supermarkets). 6) General merchandise stores (groups 5311-5399). 7) Home furniture, furnishing, and equipment stores (groups 5712- 5736). 8) Libraries (group 8231). 9) Miscellaneous repair services (groups 7629-7631 no electronic repair, except computer repair only in conjunction with sales.) 10) Miscellaneous retail (groups 5912-5963 e~rcept liquor stores, pawn shops and building materials 5992-5999). 11) Paint, glass and wallpaper stores (group 5231). 14 12) Personal services (groups 7212, 7221-7261, and 7291 except coin operated laundries, beauty shops and barber shops.) 13) United States Postal Service (group 4311). 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yards (Setbacks): 1. Front yards along Golden Gate Parkway: Forty (40) feet. 2. Front yards along all other streets: Twenty-five (25) feet. 3. Side yards between development tracts: Ten (10) feet. 4. Side yards abutting the PUD perimeter: Fifteen (15) feet and 25 feet when abutting residential zoned properties. 5. Side yards abutting the Santa Barbara Canal: Fifteen (15) feet. 6. Rear yards: Twenty-five (25) feet. 7. Accessory structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at the time of building permit application, except small, architecturally designed canopies, intended to provide shelter from the sun and rain for pedestrians, shall only be required to be set back from the external boundaries of the PUD a distance of ten (10) feet. 8. Between Principal Structures: Fifteen (15) feet. Minimum Floor Area: 1,000 square feet for the principal structure, on the first floor. Height: Thirty-five (35) feet for the principal structures with no parking facilities allowed beneath structures. F. Off-street Parking and Loading: 1. As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. 2. Each phase of development shall provide the minimum required amount of parking facilities required by Section 2.3 of the Land Development Code. Open Space Requirements: A minimum of thirty (30) pement open space, as described in Section 2.2.20.3.5 of the Land Development Code, shall be maintained for the developed parcels of land within the PUD. The petitioner shall submit data at the time of each site development plan application that the subject parcel provides a minimum of thirty (30) percent open space or that the subject parcel measured cumulatively with all previously developed parcels within the PUD will total a minimum of thirty (30) percent open space of the cumulative area. 15 Jo Landscaping and Buffering requirements: 1. A ten-foot wide buffer "Y" shall be constructed around the perimeter of Tracts "C", "D" and "E". Such Buffer "Y" shall include one shade tree per twenty (20) linear feet and a double hedgerow along its entirety. Hedges shall be a minimum of 24 inches in height at the time of planting. 2. Where the PUD boundary abuts multi-family zoning, the required double hedgerow shall be a minimum of 36" in height at the time of planting and shall achieve 80% opacity within one year of planting. 3. Where the PUD boundary abuts single-family zoning, the required buffeting shall be a minimum Type C buffer (with a six foot tall fence) as required by Section 2.4 of the Collier County Land Development Code. 4. Buffer areas shall not be required between platted lots or projects within the PUD or along the Santa Barbara Canal. 5. In order to emphasize the connection between the project and the surrounding community, pedestrian accesses will be provided from the rear of the project, where it directly abuts a public right- of-way. Access from sidewalks within the Golden Gate Parkway right-of-way shall also be provided for pedestrians. These accesses will be lighted and landscaped with a minimum of two shade trees and shall include a bench adjacent to each access. One access shall be provided for every 300 feet of frontage along Golden Gate Parkway tight-of-way. 6. Projects on lots within Tracts C, D, & E may relocate rear pedestrian rest areas within that same tract, such as along the canal, as long as all of the required amenities are provided. Signs: Signage shall be in accordance with Division 2.5 of the Collier County Land Development Code in effect at the time of final site development plan submittal or building permit application. Fast-food restaurants shall shield all ordering devices and/or windows where orders are taken from view from Golden Gate Parkway. Where this document does not address development standards, the standards found in the most similar zoning district in the Land Development Code shall apply. 16 SECTION V COMMERCIAL AREAS PLAN FOR TRACT 'F' 5.1 PURPOSE The purpose of this section is to identify specific development standards for Tract 'F' as identified on Exhibit A, PUD Master Plan. 5.2 GENERAL DESCRIPTION The area designated as Tract 'F' on the PUD Master Plan is intended to provide professional offices and commercial land uses consistent with the Golden Gate Area Master Plan. This Tract totals +/- 2.97 of the +/-13.33 acres of the PUD and is located northwest of the intersection of the Golden Gate Parkway and the Santa Barbara Canal. The Tract lies within the Golden Gate Parkway Professional Office Commercial District. 5.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted principal uses and structures for Tract 'F' as shown on Exhibit "A", PUD Master Plan: 1. Accounting, auditing, and bookkeeping services (group 8721). 2. Business services (groups 7311, 7313, 7322-7331, 7335-7338, 7361, 7371, 7373-7376, 7379). 3. Depository institutions (groups 6021-6062). 4. Eating places [group 5812 (except carry-out restaurants; contract feeding; dinner theaters; drive-in and drive-through restaurants; fast food restaurants; food service, institutional; industrial feeding; pizzerias; restaurants, carry- out; restaurants, fast-food; submarine sandwich shops)]. 5. Engineering, architectural and surveying services (groups 8711- 87 l 3). 6. Health services (groups 8011-8049). 7. Holding and other investment offices (groups 6712-6799). 8. Insurance carrier, agents and brokers (groups 6311-6399, 6411). 9. Legal services (group 8111). 10. Management and public relations services (groups 8741-8743, 8748). 11. Membership organizations (groups 8611,8621). 12. Museums and art galleries (group 8412). 13. Non-depository credit institutions (groups 6141-6163). 14. Personal services (groups 7221,7291). 15. Public administration (groups 9111-9199, 9229, 9311,9411-9451,9511- 9532, 9611-9661). 16. Real estate (groups 6512-6514, 6519, 6531-6553). 17. Research, development and testing services (group 8732). 17 18. Security and commodity brokers, dealers, exchanges, and services (groups 6211-6289). 19. Transportation services (group 4724). 20. Veterinary services (group 0742, excluding outside kenneling). 21. Any other commercial use or professional service, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). Accessory Uses: Uses and structures that is accessory and incidental to the Permitted Uses within Tract "F" except for the overnight parking/storage of commercial vehicles. 5.4 DEVELOPMENT STANDARDS mo Minimum Lot Area: Twelve thousand (12,000) square feet. Minimum Lot Width: One hundred (100) feet. Minimum Yards (Setbacks): 1. Front yards along Golden Gate Parkway: Forty (40) feet. 2. Front yards along all other streets: Twenty-five (25) feet. 3. Side yards between development tracts: Ten (10) feet. 4. Side yard abutting the PUD perimeter: Fifteen (15) feet. 5. Rear yard: Twenty-five (25) feet. 6. Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at the time of building permit application, except small, architecturally designed canopies, intended to provide shelter from the sun and rain for pedestrians, shall only be required to be set back from the external boundaries of the PUD a distance often (10) feet. 7. Between Principal Structures: Fifteen (15) feet. D. Minimum floor area: 1,000 square feet for the principal structure for the first floor. E. Maximum Height: Twenty-five (25) feet for the principal structures plus 10 feet for parking areas beneath the principal structures. F. Off-street Parking and Loading: Go 1. As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. 2. Each phase of development shall provide the minimum required amount of parking as required by Section 2.3 of the Land Development Code. Open Space Requirements: A minimum of thirty (30) percent open space, as described in Section 2.2.20.3.5 of the Land Development Code, shall be maintained for the developed parcels of land within the PUD. The petitioner shall submit data at the time of each site development plan application that the subject parcel has a minimum of thirty (30) percent open space or that the subject parcel measured cumulatively with all previously developed parcels within the PUD will total a minimum of thirty (30) percent open space of the cumulative area. 18 Jo Ho Landscaping and Buffering Requirements: 1. A ten-foot wide buffer "Y" shall be constructed around the perimeter of Tract "F", excluding driveways, sidewalks and alley access drives that serve the project. Such Buffer "Y" shall require one shade tree per twenty (20) linear feet and a double hedgerow along the perimeter of Tract "F". Hedges shall be a minimum of 24 inches at the time of planting. 2. Where the PUD boundary abuts multi-family zoning, the required double hedgerow shall be a minimum of 36" inches in height at the time of planting and shall achieve 80% opacity within one year of planting. 3. In order to emphasize the connection between the project and the surrounding community, pedestrian accesses will be provided from the rear of the project, where it directly abuts a public fight- of-way. Access fi.om the sidewalks within the Golden Gate Parkway right-of-way shall also be provided for pedestrians. These accesses will be lighted and landscaped with a minimum of two shade trees and shall include a bench adjacent to each access. One access shall be provided for every 300 feet of project frontage along Golden Gate Parkway. Signs: Signage shall be in accordance with Division 2.5 of the Collier County Land Development Code in effect at the time of final site development plan submittal or building permit application. Where this Document does not address development standards, the standards found in the most similar zoning district in the Land Development Code shall apply. 19 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PUR_POSE The purpose of this Section is to set forth the regulations for the development of this project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all State and local laws, codes, and regulations applicable to this PUD, in effect at the time of building permit application. Except as herein specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall follow the PUD Master Plan and tl(e regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. Any successor or assignee in title is bound by the commitments within this agreement. 6.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be completed in multiple phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 20 6.4 ENGINEERING This project shall be required to meet all the requirements of the Collier County Land Development Code and any other applicable ordinance in effect at the time final construction documents are submitted for development approval. 6.5 WATER MANAGEMENT This project shall be required to comply with the rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40 and Collier County Ordinance No.90-10. 6.6 UTILITIES Availability letters and construction plan approval from the applicable Florida government utility authority shall be provided prior to final subdivision plat or site development plan approval. 6.7 TRANSPORTATION A. The applicant shall install arterial level street lighting at each vehicular entrance along Golden Gate Parkway during construction of that project access unless these improvements are completed by Collier County as part of construction improvements to Golden Gate Parkway. B. Notwithstanding the existing roadway design of Golden Gate Parkway in the vicinity of this project, the County reserves the right of median access control. If the Collier County Transportation Department determines that operational problems require median modifications, the operation of this PUD rezoning shall not vest any right to the project owner that would prevent the County from modifying any median openings, including directional changes and possible future closure. C. All commercial accesses from Golden Gate Parkway shall provide right turn lanes into the development consistent with Collier County Ordinance 93-64, Work Within the Right-of-Way. D. The Collier County Transportation Department shall approve the final design parameters of any curb radius of all access points at the time of site development plan (SDP) approval. E. There shall be no direct vehicular access to 52''a Street Southwest, 53rd Terrace Southwest, 28th Place Southwest, or 27th Place Southwest. Vehicular access to 53rd Street southwest may be allowed for limited turning movements. This access is subject to the review and approval of the Transportation Department at the time of site development plan approval. F. A cross-access agreement between the owners of the subject PUD and the adjoining property to the west, Parkway Promenade PUD, shall be recorded in the Collier County Public Records prior to final site development plan approval. A westbound right mm lane shall be constructed at their common entrance to serve both of these projects. Prior to the first site development plan approval within Tract "C" the developer shall dedicate compensating right-of-way to the County for the use as a 21 fight-of-way for the mm lane and relocation of the sidewalk. This compensation shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. G. The developer shall provide a fair Share contribution toward a traffic signal system, if and when such signal system is warranted, at any project entrance. The County shall solely determine warrants for the installation of a signal system. The County shall own, operate and maintain any such signal system. H. Impact fees shall be paid in accordance with the Collier County Impact Fee Ordinance in effect at the time such fees are due and payable to the County. I. The petitioner may construct a new pedestrian bridge or bridges across the Santa Barbara Canal. The petitioner shall pay the fair share cost for the construction of the pedestrian bridges. The fair share cost shall be the fair market value of the right-of- way and/or access easements for the bridges. One bridge would generally be located north of Golden Gate Parkway and the other south of Golden Gate Parkway. The exact location of the bridges shall be determined at the time of site development plan approval. J. The median opening west of the Santa Barbara Canal on Golden Gate Parkway shall be modified from the existing full opening to a directional opening and subject to the Transportation Department approval. 6.8 PLANNING Co All buildings shall provide a common architectural theme incorporating architecture and project signage consistent with Section 2.8 of the Land Development Code (LDC). During the site development plan review process, the developer shall provide architectural drawings indicating that all proposed buildings will have a common architectural theme and similar architectural style for parcels that are immediately adjacent to each other. These buildings shall utilize stucco walls (except for decorative trim), pastel colors and tile roofs as defined in Section 2.8 of the Land Development Code. Decorative parapet walls may be constructed above the roofline if it is determined to be consistent with Section 2.8 of the LDC at the time of site development plan review. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site cleating, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. The overnight parking of commercial vehicles with a rated load capacity of one ton is prohibited on Tracts C, D, and E. The number of commercial vehicles parked overnight shall not exceed 30 percent or the required parking spaces for each use as required in Section 2.3.16 of the Collier County Land Development Code. 22 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, 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 2002-68 Which was adopted by the Board of County Commissioners on the 17th day of December, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of December, 2002. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners