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Ordinance 97-46 ! ORDINANCE NO. 97-46 AN ORDINANCE AMENDING ORDINANCE NUMBER 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 NUMBER 8515S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "C-2" and "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS U.S. 41/WIGGINS PASS ROAD PUD FOR COMMERCIAL A~D PROFESSIONAL OFFICES FOR PROPERTY LOCATED ON T~E SOUTHEAST CORNER OF U.S. 41 AND WIGGINS PASS ~DAD (C.R. 888), LOCATED IN SECTION 15, TOWNSHIP SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORID~ CONSISTING OF 9.08 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane of Hole, Montes& Associates, ._ representing Mark Woodward, Trustee, petitioned the Board of County Commissioners to c"ange the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 15, Township 48 South, Range 25 East, Collier County, Florida, is changed from "C-2 and "A" to "PUD" Planned Unit Development in accordance with the U.S. 41/Wiggins Pass Road PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8515S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. .\ PASSED ANO DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this/~;~ day of ~ , 1997. BOARD OF COUNTY COMMISSIONERS ~'WU COLLIER COUNTY, FLORIDA .....-.......,,,,...;.. ~:',.~.~.~ ,~= ~ -. HY ~ANCOCK ' CHAIR~N :DW[.GHT. E. i~RO~,' tLERK ~ ' "~,. ~ ".'.- APPROVED AS TO FO~ AND LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY PUD-97-60RD~N~CC/ e °2- U.S. 41/WIGGINS PASS ROAD PLANNED UNIT DEVELOPMENT Prepared for: Ma~ '~ Woodward, Trustee Prepared by: Hole, Monies and Associates, Inc. 715 Tenth Street South Naples, FL 34102 (941 ) 262 4617 HMA File No. 95.27 August, 1997 Date Filed: Date Review by CCPC: Date Approved by BCC: 9'-/~/- Y7 Ordinance No: ~-f'~ TABLE OF CONTENTS I. STATEMENT OF COMPLIANCE II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE, AND UNIFIED CONTROL llI STATEMENT'OF INTENT AND PROJECT DESCRIPTION IV GENERAL DEVELOPMEN'I :~GULATIONS V PERMITTED USES & DIMENSIONAL STANDARDS VI ENVIRONMENTAL STANDARDS VII TRANSPORTATION REQUIREMENTS VIII ENGINEERING AND UTILITIES REQUIREMENTS IX WATER MANAGEMENT REQUIREMENTS LIST OF EXHIBITS EXHIBIT A. - CONCEPTUAL PUD MASTER PLAN SECTION I STATEMENT OF COMPLIANCE The development of 9.08 acres of property in Section 15, Township 48 South, Range 25 East, as a Planned Unit Development, to be known as the U.S. 41/Wiggins Pass Rt, ad Planned Unit Development, is in compliance with the planning goals and objectives of the Collier County Growth Management Plan based upon the following reasons: 1. ! The subject property is located in an area identified as an Activity Center in the Future Land Use Element of the Growth Management Plan for Collier County. 1.2 Activity Centeh are the designated locations for the concentration of new commercial and mixed use development activities to avoid strip and disorganized paRems of commercial development. 1.3 The project development is planned to incorporate natural systems, existing and manmade, for water management in accordance with their natural functions and capabilities. 1.4 Provisions are included in the project to minimize the number of ingress and egress points onto U.S. 41. i.5 The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 1.6 The project will be served by a complete range of services and utilities as approved by the County. ! .7 The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained heroin. 1.8 The Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to O serve as a project amenity. 1.9 All final local Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. 1-1 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE AND UNIFIED CONTROL 2.1 Property OwB..ership The subject property is under the ownership of: Mr. Mark Woodward, Trustee Woodward, Pires & Lombardo 801 Laurel Oak, Drive, ste. 640 Naples, Florida 34108 2.2 Lenal Description A portion of the NW 1/4 of the NW I/4 of the SW 1/4 of Section 15, Township 488 Range 25 E of Collier County Florida. 2.3 Short Title This Ordinance shall be known and cited as the "U.S. 41/Wiggins Pass Road Planned Unit Development Ordinance". 2.4 Statement of Uni~e.d. Control It is the intent of Mark Woodward, Trustee, to establish a Planned Unit Development on 9.08 acres in Section ! 5, Township 48 South, Range 25 East, Collier County, Florida. The subject property is under unified control and ownership for the purpose of obtaining PUD zoning. 2-1 SECTION IIl STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 Introduction It is the intent of the developer to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Proje¢~ Descrii~tiorl The project is comprised of about 9 acres and is located at the southeast comer of the intersection of Wiggins Pass Rc .-d and U.S. 41 in Section 15, Township 48 South, Range 25 East. Access to the project is provided by a single connection on U.S. 41 and Wiggins Pass Road, which will provide internal access to the five (5) tracts which make up the project. The project is intended to support a selected range of commercial uses and professional services to the surrounding community. 3.3 Land Use Plan and Proiect Phasing A. The PUD Master Plan contains a total of five (5) tracts consisting of open space, water management features, development areas and street right-of-way. The Master Plan is designed to be flexible with the placement of buildings, related utilities and water management facilities to be determined at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this ordinance, LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. Final lot configuration will be determined during the Preliminary Subdivision Plat review process. B. The anticipated time of build-out of the project is approximately six (6) yean from the time of issuance. of the first building permit. 3-1 SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations to be applied to the development and use of the U.S. 4 1/Wiggins Pass Road Planned Unit Development and Masler Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the U.S. 41/Wiggins Pass Road Planned Unit Development shall be in accordance with the contents of this document, the PUD- Planned Unit Development District and other applicable sections and parts of the Collier County LDC in ~,ffect at the time of building permit application. Should these regulations fail to provide specific developmental standards, then the provisions of the most similar zoning district in the Collier County LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building penttit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the U.S. 41/Wiggins Pass Road Planned Unit Development shall become part of the regulations which govern the manner in which this site may be developed. D. All tracts identified on the PUD Master Plan may be used for water management purposes and parking. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 of the LDC pertaining to Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 4.2 Si~e Cle.~rinsz and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. 4-1 4.3 EasementS for Utilitie~ Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities to insure compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. 4.4 Amendments to the Ordinance Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC. 4.5 Project Plan Approval Requir~men. t~ Attachment "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with, PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the !and shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to recording of the final subdivision plat, when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements · shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development orden, the provisions of Section 3.3, Site Development Plans shall be applied to all platted parcels. 4.6 Provision for Off.site Removal of Eanhetl Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten {l 0) percent of the total volume excavated up to a maximum of 20,000 cubic yards. 4-2 B. A timetable to facilitate said removal shall be .,ubmitted to the Development Services' Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4.7 Sun,set and Moni.toring Provi$ion~ The U.S. 41/Wiggins Pass Road PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD MEter Plans and Section 2.7.3.6 Monitoring Requirements. 4.8 Po!lini Places, Any community recreation/public building/public room or similar common facility located within the U.S. 41/Wiggins Pass Road PUD may be used for a polling place, if determined necessary by the Br:ard of County Commissionen in accordance with Section 2.6.30 of the LDC. 4.9 Native Vegetation Retention R~uirements Pursuant to Section 3.9.5.5.4 of the LDC, 15% of the native vegetation shall be preserved or provided for in landscape buffer areas. About one (1) acre of preserve area will be retained outside landscape buffer areas as depicted on the PUD Master Plan. 4.10 Common .Area Maint-mance Common Area Maintenance, including the maintenance of common facilities, open spaces and the water management facilities shall be the responsibility of the owners' association, together with any applicable permits and conditions from applicable local, State, or Federal permitting agencies. 4.11 Landscaping R~x|_uirements All landscaping requirements, buffers, walls, herins, etc. shall be developed in conformance with requirements of Division 2.4 of the Collier County LDC pertaining to landscaping and buffering; however, landscaping shall be installed along the rear property line to a minimum height of eight (8) feet prior to the issuance of the First Certificate of Occupancy. 4.12 Open Space and COmmon Area.s. The PUD Master Plan identifies approximately two and ninety-five one hundreds (2.95) acres of buffering, water management and preservation areas. This area satisfies the open space requirements of Section 2.6.32 of the Collier County LDC. 4-3 4.13 Signs As provided for within Section 2.5, Signs of the Collier County LDC. 4.14 Architectural COntrol All site and building design shall conform to the requirements of Division 2.8 of the Collier County LDC to insure a unified architectural design and theme. 4-4 SECTION V PERMITlED USES AND DIMENSIONAL STANDARDS The purpose of this Section is to identify permitted uses and development standards for areas within the U.S. 41/Wiggins PEa Road PUD desigrmt~l on Exhibit "A", PUD Master Plan for Tracts A, B, C, D and E. 5.2 General Description Tracts A, B, C,'D and E, as shown on the PUD Master Plan, are designed to accommodate a full range of principal uses, essential services and accessory uses. The acreage of the trots depie~,'LI on the PUD Master Plan is based on conceptual desi~m-,t and is approximate. Actual acreages of all development tracts will be provided at the time of Preliminary Subdivision Plat submittal in accordance with Division 3.2 of the Collier County LDC. All tracts are designed to accommodate internal roadways, open spaces, water managemere facilities and other similar uses. 5.3 Permitted Uses and Structur¢~ No building or slxucmre, or part thereof, shall be erected, alterrA or use, d, or land used, in ' whole or part, for other than the following: 1. Accounting, Auditing and Bookkeeping Services (8721) 2. Amusements and Recreation Services - Indoor (7911-7941, 7991, 7993, 7997) 3. Apparel and A~ry Stores (Groups 5611-5699) 4. Automotive Dealers and Gasoline Service Stations (Groups 5511,5531,5541, 5571, 5599 new vehicles only) 5. Automotive Rental and Repair, and Services (Groups 7514, 7515, 752 i, 7533-7549) 6. Building Materials, Hardware and Oarden Supplies (Groups 5211-5261) 7. Business Services (Groups 73 11-7352, 7359, except airplane, industrial truck, portable toilet and oil field equipment hinting and leasing, except armored ear and dog rental; 7389, except auctioneering, bronzing, field wan:housing, salvaging of damaged merchandise) 8. Child Day Care Services (8351) 9. Communications (Groups 4812-4841, except principal transmission towers) 10. Depository Institutions (Groups 6011-6099) 11. Drug Stores and Proprietary Stores (5912) 12. Eating and Drinking Places (Groups 5812-5813. All establishments engaged in the retail sale of alcoholic beverages are subject to the loc. ational requirements of Section 2.6.10) 5-1 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748) 14. Food Stores (Groups 5411-5499) i 5. General Merchandise Stores (Groups 5311-5399) 16. Group Care Facilities (Category I and II); Care Units and Nursing Homes, subject to Section 2.6.26 t 7. Gwup Housing, exc/uding Family Care Facilities, subject to Section 2.6.26 P~. hhti~fr :S'L~vi~ (L'~roups 8tYI' F-81B~, 8082) 20. Home Furniture, Furnishing and Equipment Stores (Groups 5712-5736) 21. Hotels and Motels (Group 701 I) 22. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 641 l) 23. Legal Sc~iccs (8111 ) 24. Libraries (8231 ) 25. Management and Public Relations Services (Groups 8741-8743, 8748) 26. Membership Organization. (8611-8699) 27. Miscellaneous Personal Services (7291) 28. Miscellaneous Repair Services (Groups 5551, 7622-7699) 29. Miscellaneous Retail Groups 5912-5963, 5992-5999) 30. Motion Picture Theaters (7832) 31. Motor Freight Transportation and Warehousing (4225 mini and self storage warehousing only) pcrmiUed on Tract E only. 32. Museums and Art Galleries (8412) 33. Non-depository Credit Institutions (Groups 6111-6 163 ) 34. Paint, Glass and Wallpaper Stores (5231 ) 35. Personal Services (Groups 7212, 7215, 7217, 7219-7299) 36. Public Administration (Groups 9111-9199, 9229, 9311, 9411-9451, 9511-9562, 9611-9661 ) 37.Real Estate (Groups 6512, 6531-6541) 38.Retail Nurseries, Lawn and Garden Supply Stores (5261) 39. Security and Commodity Brokers, Dealer, Exchanges and Service (Groups 621 l- 6289) 40.Veterinary Services (Groups 0742, 0752, excluding outside kcnncling) 41. Video Tape Rental (7841) 42. Vocational Schools (Groups 8243-8299) 43. Any other general commercial use which is comparable in nature with the foregoing 5.4 Aq.q, cssorv Uses 1. Uses and structures that arc necessary and incidental to the permitted uses. 5.5 Dimcn[i0nal St, and~rds for P,rrnitted uses 1. Minimum Lot Area: Twenty thousand (20,000) square feet. 5-2 2. Minimum Lot Width: One hundred (100) feet. 3. Minimum yard Requirements: a. Front Yard: Twenty-five (25) feet. b. Side Yard: Fifteen (15) feet. c. Rear Yard: Twenty-five (25) feet. d. Any Yard abutting a residential parcel: Twenty-five (25) feet. 4. Maximum Height: Fifty (50) feet, however, building heights shall be limited to a maximum height of 3 stories or thirty-five (35) feet on Tract E or a similar boundary thereto. 5. Minimum Floor Area: One thou~nd (1,000) square feet for each building on the ground floor. 6. Minimum Off-Street Parking and Off-Street Loading: As required in Section 2.3, LDC. 7. Merchandise Storage and Display: Unless specifically permittexl for a use, outside storage or display of merchandise is prohibiWd. 8. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated res.dential, which is located within two hundred (200) feet of the source of light. 5.6 Dimensional standards for accessory uses shall be as required in Section 2.6.2, LDC. 5.7 Dcvelovment Intensity 1. Commercial structures may be developed to the limits established by the height, setback and other limitations posed by this ordinance. 2. Hotel and motel uses may be developed at a density of twenty-six (26) units per acre with a minimum of three hundred (300) and a maximum of five hundred (500) square feet per unit. 5-3 SECTION VI ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental commitments of the project developer. 6.1 The petitioner shall be subject to the landscaping and buffering requirements of Section 2.4 of the LDC. 6.2 Petitioner shall be subject to Section 2.2.25.8.1 ofthe LDC pertaining to archaeological resources in the event they are identified on the property contained in the Conservation and Coastal M,anagement Element (discovery of a archaeological or historical site, artifact or other indicator of preservation). 6.3 Petitioner shall obtain and submit documentation of all necessary local, state and federal 6.4 The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals. ~ 6.5 Native vegetation preservation shall conform to the requirements of Section 3.9.5.5.4 of the Collier County LDC and preserve areas shall be generally provided for as depicted on the PUD Master Plan. Adjustments to the boundaries of the preservation area may be made at the time of Final Site Development Plan Approval in accordance with the standards of Section 3.9.5.5.4. 6.6 An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction approval. 6.7 A Gopher Tortoise relocation/management plan shall be submitted to Cun~nt Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. That plan shall contain, at a minimum, the area where the tortoise will be relocated, the type of fencing and its design, whether or not it will be necessary to provide additional plantings in that area for food or if food will be supplemented and the person responsible for the implementation of the plan. 6.8 Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Watei Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction approval. 6-1 SECTION VII TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project developer. 7.1 The developer shall provide arterial street lighting of the project entrance. Said improvement shall be in place prior to the issuance of any Certificat~ of Oc, cupancy. 7.2 The road impact fee shall be as set forth in Section 4.1 of the LDC, as mended, and shall be paid at the ti,me building permits are, issued, unless otherwise approved by the Board of County Commissioners. 73 Internal access improvements shall not be subject to impact fee credits. 7.4 All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 7.5 The single project connection to U.S. 41 shall be restricted to right-in/right-out only turning movements. Unrestricted turning movements shall be permitted at the northern conncction to Wiggins Pass Road. 7-1 SECTION VIII UTILITY AND ENGINEERING REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 8.1 Utilities A. Sewer and water sendee shall be provided by Collier County. All pertinent requirements pertaining to the extension and construction of water distribution and sewage collection facilities shall be met. B. Water distribution, sewage collection and transmission and interim water anNor sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and ,',aintained in accordance with Collier County Ordinance No. 88-76, as mended, and other applicable County rules and regulations. C. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer, customers shall be customers of the interim utility established to serve the pwject until the County's off-site water and/or sewer facilities are available to serve the project. D. Appwpfiate easements for any project internal water improvements shall be documented on the construction plans and shall be dedicated to the Collier County Water-Sewer District. E. Construction drawings, technical specifications and all pertinent design information shall be submitted in accordance with Collier County Ordinance 97-017 or amendments made thereto and shall be approved prior to the issuance of development construction approval. 8.2 Engineerina A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordsnet with the submitted plans, is granted by the Development Services Depm'tment. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. 8-1 C. Subdivision of the site shall require platting in accordanc~ with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. D. The developer and all subsequent petitioners shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order r~lating to this site, including but not limited to Preliminary Subdivision Plats, Sit~ Developrncnt Plans and any other application that will result in the issuance of a final development order. SECTION IX WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. 9.1 Detailed paving, grading and site drainage plans shall be submitted to the Development Services Department for review. No consU'uction permits shall be issued unless and until approval of the proposed construction, in accordance with the subn~itted plans, is granted by the Development Services Department. 9.2 Design and conduction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines if fenced. 9.3 Landscaping may be placed within the water management areas in compliance with the criteria established within Section 2.4.7.3 of the LDC. 9-1 7~ ~ PA,SS 120. ZONIN~ C-~ / ~ ~ U.S,' 41 & ~GGINS PASS RD. 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 copy of: ORE'rNANCE NO. 97-46 Which was adopted by the Board of County Commissioners on the 16th day of September, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of September, 1997. DWIGHT E. BROCK '?'4 Clerk of Courts Deputy Clerk '