Ordinance 93-26 ORDINANCE NO. 93- 26
~.: .
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102 THE COLLIER COUNTY LAND ~r
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
URINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING
ATLAS MAP NUMBER 8525N~ BY CHANGING T~E
ZONING CLASSIFICATIONS OF THE HEREIN
DESCRIBED REAL PROPERTY FRO~4 "A", "A-ST",
AND RSF-1 TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS IMI~OKALEE ROAD
CENTER PUD FOR COHMERCIAL USES LOCATED ON
THE SOtrl~ SIDE OF IMMOKALEE ROAD (C.R. /~'~?~,~_
846) APPROXIMATELY 660 FEET EAST OF
AIRPORT-PULLING ROAD (c.a. 31), IN /_~ e~.~
SECTION 25, TOWHSHIP 48 SOUTH, RANGE 25 /o~
~s~, co~.~.IEH COUNTY, FLORIDR, I~
CONSISTING O~ ZZ.05± ACR~.S~ AND BY ~_ -~%\t'
PROVIDING AN EFFECTIVE DATE.
"WHEREAS, Mireya Louv~ere of Johnson Engineering, Inc.,
J. D. Ntcewonder, ~r., Carolyn L. Nicewonder,
J. Nicewonder, and Mark D. Nicewonder, petitioned the
of County Com~issioners to change the zoning
of the herein described real propertyl
i..~NOW~ THEREFORE BE IT ORDAINED by the Board of County
~ers of Collier County, Flor£da:
Classifications of the herein described r~al
located in Sec:ion 25, Township 48 South, Range 25
County, Florida, are changed from "A", "A-ST",
to "PUD" Planned Unit Development in accordance
Ilmaokalee Road Center PUD Document~ attach?d hereto
L~chtbit "A" and incorporated by reference here~Ln. The
· .oning Atlas Map Number 8525N, as described in
92-102, the Collier County Land Development
ihereby amended accordingly.
Ordinance shall become effective upon receipt of
the Secretary of State that this Ordinance has
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
'. Com~ilsioners of Collier County, Florida, this ~" day of
k. ~ ,' ~' BOARD OF COUNTY COMMISSIONERS
~.: COLLI ER ,COUNTY, FLO~I DA
BURT L. SAUNDERS, CHAIRMAN
!:~Z~TANT COUNTY ATTORNEY
~;D-92-9 ORDINANCE
-2-
IMMOKALEE ROAD CENTER
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING IMMOKALEE ROAD CENTER
A PLANNED UNIT DEVELOPMENT
PURSUANT TO PROVISIONS OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE (LDC)
PREPARED FOR:
$. D. NICEWONDER, J'IL
CAROLYN L. NICEWONDER
SHERRY J. NICEWONDER
MARK D. NICEWONDER
PREPARED BY:
JOHNSON ENGINEERING, INC.
4500 EXECUTIVE DRIVE, SUITE 300
NAPLES, FLORIDA 33999
Dat. e Filed 8/11/92
Date Revised 5/25/93
Date Reviewed Dy CCPC 4/1/93
Date Approved By BCC 5/25/93
Ordinance Number 93 =26
T,ABLE QF (~QNTENT~
: Section Pa~e
Section X
Statement of Compliance 1 -
Section II
Project Description and Ownership 3 - 7
Section Eli
Project Development Requirements 8 - 9
Section IV
Commercial Area Plan 10 - 13
Section V
Development Commitments 14 = 19
PUD Master Plan Attachment "1"
Location Map Attachment "2"
i
'~'' SECTION I
;"., STATEMENT OF COMPLIANCE
The development of this project will be in compliance with the planning goals and objectives
of Colllef County al set forth in the Growth Management Plan. This compliance includes:
~:" 1. Except as setforth herein, the project shall comply with all County Land Development
~:~. regulations including the Growth Management Plan.
i' 2. The subject property is located within an Activity Center Designation as indicated in the
i'i" Growth Management Plan's (GMP's) Future Land Use Element (FLUE) and Future
Land Use Map. More specifically, the site is within the Activity Center located at the
southeast corner of Airport-Pulling Road and Immokalee Road.
~,: The FLUE, Activity Center Subdistrict, reads in part, "The mixed use Activity Center
~'!., concept is designed to concentrate almost all new commercial zoning in locations where
,:. ,. traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of
commercial development and to create focal points within the community."
,: The Immokalee Road Center Planned Unit Development (PUD) is proposed for a
commercial center containing uses that are similar to or permitted by the C-4 (General
i Commercial) District ofthe Collier County Land Development Code. The proposed pro-
ject is compatible with surrounding land uses and meets all of the criteria for commercial
i:~' development within an Activity Center with the possible exception of market demand.
However, given the location of the subject property and characteristics associated with the
;,'.'. surrounding development pattern, the following additional factors must be taken into
account:
a.) This Activity Center contains a mixture of land uses including single-family
, residential, multi-family residential, a church, and a dinner theatre on the north side
of Immokalee Road and general commercial land uses on the south side of
~' ~' lmmokalee Road.
,;
b.) The proximity of this site to established and newly emerging Single-family
residential and multi-family residential developments.
:'~,~ i. c.) This site is appropriately located for uses serving the urban area public traveling
;~ in this vicinity. The Traffic Circulation Element lists C.R.-846 as a two-lane arterial
~,,,:.,,~ roadway. However, C.R.-846 is scheduled to be improved to a four-lane facility
from U. S.-41 to 1-75 within the next 12 months. In addition, C.R.-31 is also a four-
lane' arterial roadway.
3. The site is located in the southeast quadrant of Immokalee Road and Airport-Pulling
' ~": Road, which has been designated as an Activity Center on the Collier County Future
Land Use Map. Because of this location, this site has superior major arterial access.
Therefore, this site would best be served by placement of commercial activities.
4. The site designation further suggests that this parcel be developed to best serve the
:?. adjacent residential areas.
5. The project site is compatible with adjacent land uses through the internal arrangement
· of structures, the placement of land buffers, and lakes, and the proposed development
,~ ~ standards contained herein.
6. The project will be served by a complete range of services and utilities as approved by
Collier County.
?. The site has been designed as such; to contain a cypress/restoration/preservation/
. ato,i-c~water management area to best serve and preserve the natural functions of the
'ri',~ site and to serve as amenities to the project.
~':; 8. All final local development orders for the Immokalee Road Center PUD are subject to
the Collier County Adequate Public Facilities Ordinance.
:'. 9. This Ordinance shall be known and cited as the "Immokalee Road Center Planned Unit
Development Ordinance."
Page 2
SECTION II
PROJECT DES~ON AND OWNERSHIP
PHYSICAL DESCRIPTION
The project site, known as the Immokalee Road Center Planned Unit Development, is located in
Section 25, Township 48 South, Range 25 East, Collier County, Florida. Currently, the site is
divided into two parcels by a public right-of-way; Parcel I has an acreage of+/- 8.14; Parcel II
has an acreage of+/- !.97. It is the intent of the owners/developer to vacate the existing road
right-of-way, utility and drainage easement for an additional +/- 0.94 acres bringing the total
acreage to +/- 11.05 for the site. The site is zoned, A, A-ST, and RSF- 1. To the north, the project
fi'onts Immokalee Road. To the south, the site is adjacent to a lake that is within C-4 zoning.
Developed C-4 zoning lies to the west. To the east, the site is bounded by improved C-2 zoning
and RSF-3 zoning.
PROJECT DESCRIpTIQN
It is the intent of the owners to rezone the land to a Planned Unit Development, consisting of
a toud building area, including outparcels, which will not exceed 118,150 square feet of usable
commercial floor space, required parking, and approximately 2.50 acres cypress/restoration/pre-
servation/s~ormwater management area.
The final location of land uses of the Immokalee Road Center Planned Unit Development shall be
established at the time of Final Platting or Site Development Plan application, subject to the
provisions of Section 2.7.3.5, CHANGES AND AMENDES, of the LDC, to which
amendments may be made fi.om time to time.
Site infi-~m~re improvements, including but not limited to clearing, grading, earthwork, and
site drainage work will be performed in accordance with all applicable Collier County Codes and
Ordinances.
Access to the various tracts will be provided by direct ingress/egress fi.om Immokalee Road and
via a cross/easement agreement with WalMan Corporation, developers of the adjacent site to the
west.
LI~GAL DESCRII~rIQN
.. $~ ~a~hed legal description.
The proposed project site is owned by J. D. Nicewonder, Jr., Carolyn L. Nicewonder, Sherry I.
Nicewonder, and Mark D. Nicewonder.
Pace 3
['~NSON ENgiNEEriNg, iNC.
CIVIL ENGIN££R~ AND LAND SUrVeYORS
D~CRI~ION
.H.,~ COLLI~ CO~. ~ORIDA
Tract~ or parcels of l~d lying in the northweS~ quarter (~-1/~)
o~ ~he not.wes= quarter (~-1/~) o~ Section 2~, To.ship
~u~. R~ge 2~ E~t, Collier Co~%F. Florida which ~rac~s or
Da~ela a~ ~e~cribed aa follows:
P~CEL I
Berg all o~ ~e l~d~ ~ de;cribed in deed recorded in
Official Record Book ~O~ at Pa~ ~. Parcel N~ber One
as reco~e4 In ~a public records o~ Collier Co~ty
~he northerly 50.~ ~ee~ thereo~ being more particularly
< described as ~ollows:
F~m ~e northwest co.er of Said Section 25
S 00' 01' ~" E ~ong the we~ line of said section
1~,~ feet ~o ~ intersection with the south .line of
County Roa~ 8~6 (Immokalee Road) being 100.00 feet wide:
thence ~ S 89' 1~' 10" E ~ong ~aid line ~or 662.08
~eet ~o ~ intersection with =he we~t line of ~he eaa~
half (E-l/2) of s~d fraction, also being ~e nor~wes=
corner of ~e l~ds as described in ~ee~ ~ reco~e~ in
>: Official Reco~ Book 150~ at Page ~5. Parcel N~ber
One: ~h~nce ~ S 00' 0~' 05" E along said line '~or
'~'/. 50,~ feet to ~ intersection with a line that ia 50.00
~, fee~ south of (as measured on a pe~pendicul~)
parallel wi~ the s~th lane of sai~ Co~tM Road 8~6
'~' ' the Point of Beg~Ang.
,?~ Prom said Point of Begi~ing run ~ 89' 15' 10" Z along
~. said par~lel line ~or 662.18 fee~ to ~ intersection
wi~ the e~t line o~ the l~ds ~ descri5e~ in said
deed,, also being ~e west line of ~e plat of Four
Seasons, as reco~e4 in Pla~ Book 10 .at Page 95, Public
Reco~s, Collier Co. tM. ' F~orida; thence
: S O0'.lO' 0~" E ~ong said line for 5~5.~5 ~ee~ to the
~ southeast corner.of l~ds as described in deed recorded
~C~I(T.~mANr.~. in Of fAcial Record Boo~ 150~ a~ Pa~ ~5, Parcel N~ber
.~, ~ ~e, also being the no~th line o~ a 60 foot wide public
FORRgSV ~.,SAN~S rAgh~-o~-waM as described in Official Recor~ Book ~5~ at
~osg~ w. ~BNZ~ Page 219, said public records: thence r~
~~a'~N N 89' 13' 39" W along said line for 663 11 feet to %he
,'~R~C~N~R SOU~weB~ co--er of the 1~4~ as descz,ibed in O~lcial
.~,,';~ DA~ W. mlC~V Record Book 150~ at Page ~5, Parcel Number One, also
~NTONR. KEIUNG being the wes~ line of the east half (E-l/2) of ~aid '
GgORGE J. KALA% fraction: thence ~n N 00' 0~' 05" W along said line
~OM~ L, FENOLEY ~.1~ feet to the Point of
,.. W, DAVID KGY. JR. Containing 8.1~ acres more o~ less
~ ~AR~ A. BAERACO
': GARY R. CULL
~E~ER k. BULSON
NOINE'£RINO. INC.
P~rcels ! and ~
Fe%~ 1~, 1992
P~ 2
~eco~.
.. Being all et the l~ds ~ descrlba~ in ~a following
~ee~ reco~e~ lm O~icial ~acor~ Seek 1~7~ a~ Pag~ ~06
~d Official Record ~oo~ 1~0~ a~ ~age '~, Parcel
:"/ ~o ~ O~ici~ Record ~oo~ ~15 a~ Page 779
O~ici~ Reco~ ~ook ~62 a~ Page ~ E~S ~he
~ ~50.00 fee~ ~ereo~ being more p~icul~lM ~aacribed
From ~he nor~hwes~ co.er o~ said Sec~o~ 2~
,~' S 00' 01' 5~" E along ~he wes~ llne et s~d section
. 7~.~1 fee~: ~ence ~ ~ 8~' 13' ~" E dapar~ing
section line for ~9~.22 ~ee~ ~o ~he nor~hwea~ co.ar
~he in~en~ o~ ~ha ~e~ ~ describe~ i~ O~icfal Record
~L ~ook ~7~ a~ P~e ~0~. Collier Co~M Records ~
.~ ~ong ~e sou~h line o~ a ~ righ~-of-~
~ recorded in Official Recor~ ~ook ~ a~ Page 21~,
, ,. public records ~or 63~,21 ~ee~ to the northe~t co.er
o~ l~ds ~ described in deed ~eco~ded in O~icial
~ ~ 'Reco~ Book ~2 a~ Pa~ ~. ~so being ~ intersection
~ wi~ ~he wes~ l~e o~ Four Sevens pla~ receded in
S~k 10 A~ Page ~ o~ s~d public records: ~hence
S 00' X0' 05" E aloa~ said ~es~ lime ~or 1~.~0 ~ee~
,::: ~ .intersection with a line ~ha~ is ~50.~ feet
· nor~erlM of (as me~ured om a perpendicular)'
~%~r~;u parallel wi~h'~he sou~b line o~ said ~cac~ion. also
' being the south line 'of ~he l~ds as describe~ ~n ~he
., a~o~emen~ioned deeds: ~henca r~ N 8~' 12' 07" ~ along
said p~lel lime ~or ~.~' ~ee~ ~o ~ in~er~ec~ion
wi~h ~he we~ l~ne o~ ~he 'l~ds described im .~eed
" reco~e~ i~ 0~icial Record Seek 1~7~ a~ Page' ~0~ al~o
· ' ~aing ~he e~ line o~ a ~0.00 ~oo~ roa~ righ~-of-~aM
recorded In 0~icial Recor~ ~ook ~ a~ Page 21~ o~ ~aid
public ~co~a; ~e~ce ~n N 00~ 0~' 0~" W alomg sai~
line ~or 1~.1~ ~ee~ ~o ~e Poin~ o~ ~egi~ing.
Com~aining 1.~7 acres, more or
~UBJ~ TO easements, res~ric~ons ~d reservations
~ record.
,~. ~ear~gl hereinabove men~ione~ are base~ on ~he nor~ li~e o~ ~a~d
~:' ~ec~io~ 2~ ~o bear S 8~' 1~' XO" E as sho~ on ~he pla~ o~ ~our
" Sevens Uni~ ~o ~ receded in Plat Book 12 at Page 6. Collier
Co~2 Public ReceSs.
~/pd ~rofes$ional -.~d Su~eyo~
2~0~7 P~.* ~ Florida Ce:'* ~f/ca~e No, ~ ..
.~:.?~' .
N$ON ENGINEERING, INC.
~.' :~. CIVIL, ENGINEERS AND LAND SURVEYORS
!.
D~CRi~ION
~'"'~ S~ZON 25. T. ~8 S., R. 25 E.
r
~LLI~ C0~, FLORIDA
Of the no~west qu~te~ (~-~/~). o~ Sect/on 25, 'To~sh~p
Sou~, R~ 25 ~t, Collie~ Cowry, Florida wh~ t~ac~ o~
p~cel Is desc=ibed ~ follows~
Berg ~1 of a road right-of-way e~emen~ ~'described
in deed recorded ~ OFficial Record Book hSh at page 219
in ~he Public Records of Collier County
4~S the southerly ~50.~ feet thereof being more
parti~larly described as follows:
F~m ~e northwest co.er of s~d Section 25 r~
$ ~' 01' 5~" E ~ong the wea: line of said Section for
7~.91 feet~ thence r~ S 89' lS~ ~9" E deputing said
Section line For 69~,22 feet ~o the northwest co.er o~
, ~he intent of deed ~ described in Offici~ Rec6~ Book
~57h at page ~O6, Collier Co. tM Records ~d ~he Point
of Begi~ing.
Fr~ said Po~n~ of Begi~ing ~ S 00' 0~' 05" E along
=he e~ l~e of s~d right-of-way e~ement reco~ed in
Off~c~ Reco~ ~k ~5~ at page, 219. ~so being the
~st line of l~ds described In deed '=ecor~e4
Of~iclal Reco~ Book 157~ a= pa~ ~06 of s~d Public
Reco~s ~or 135.11 fee~ ~o ~ intersection wi~ a line
~hat is hbO..~ ~ee= northerly of (as me~ure'~ on a
pe~endicular) ~ par~lel with ~he south line of' said
fraction: thence r~ N 89' 12~ 07" W along said parallel
line for 30.00 feet to ~ intersection wi~ ~e
line o~ l~ds described in said Official Reco~ ~ook
a~ p~ 2~9~ ~hence ~n N 00' 0~' 05" W along s~4 line
for 195.10 ~ee~ to %be nor~wes~ corner of ~ai~
Reco~ B~k ~5~ at page 219: ~hgnce ~ S 89' 13' 39" E
along ~he north line of said deed tot 663.11 feet ~o the
· ~ northeas~ co,er of said deed ~d ~ in%e=saction with
A~ET.~a~T.J~. the Wes~ line o~ the Pla~ of Four Seasons as recorded in
· ~,~ Pla~ B~k 10 at.page 95 of ~aid Public Records; thence
~ORR~SVH, IAN~S ~ S 00' 10' O~"E along said line to the southeast
JOSEPH W. ZSNZR Corner of said OFficial Record Book ~52 a2 ~age 219;
mN~ORR~N thence r~ N 89' 13' 39" W along ~he southerly line o~
ANOEEW O.
~~NE~ s~d ~ad rAgh=-oF-~ easement recorded im Official
DAN W. O~C~tv ~ecord Book hb~ a~ p~e 219 for'6~.21 Fee~ =o the Poim~
~. KZ~UNe Of Begi~ing.
J. KA~A~
KEY.
lA,fArO
W, AOAM~
Pa~e 6
S"NOINO'IFRINO, INC.
Right-of-~a,v ~__-ement. Collier County
Containing 1.01 acres, more or les~.
Sl~3~CT TO euemente, restrictions and reservation~ of
Be~go he~ina~ve mentioned &~ based on ~he north line of said
Section 2~ ~o be~ S 89' 15' 10" E ~ aho~ on =he Pla~ of Four
Beton Uni~ ~o ~ reco~ed in Pla~ ~ook 12 a~ page 6, Collier
~M ~blic Reco~e.
Pro~essional 4and Surveyor
MW~kc Florida Certificate No. ~500
25057
SECTION III
PROJECT DEVELOPMENT REQUIREMENTS
PURPOSE
A. The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of
the tracts included in the project, as well as other project relationships.
DESCRIPTION OF THE PROJE(~'T PLAN AND PROPOSED LAND USES
The project Master Plan, is iljustrated by Attachment "l", Planned Unit Development Master
Plan. The proposal is to develop the parcel into a Planned Unit Development, consisting of
a total building area, including outparcels, which will not exceed 118,150 square feet of usable
commercial floor space, required parking, and approximately 2.50 acres cypress/restoration/
preservation/stormwater management area.
GEb'ER~L REGULATIONS FOR DEVELOPMENT
A. Regulations for development of Immokalee Road Center PUD shall be in accordance with
the contents of this document, PUD-Planned Unit Development District and other
applicable sections and pans of the Collier County Land Development Code (LDC) 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 LDC shaft
apply.
B. Unless otherwise noted, the definitions of all terms shall be the stone as the definitions set
forth in the LDC in effect at the time of building permit application.
C. All conditions imposed in the approved PUD Document shall depict the restrictions for the
development of the Immokalee Road Center PUD and shall became part of the regulations
which govern the manner in which the PUD site may be developed. The graphic material
contained in this document shall be conceptual in nature. The graphics contained in the
Final Site Development Plan submitted prior to application for building permit(s) 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 ofthis Petition will be subject to a Concurrency
Review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the
earliest or next to occur of either final SDP approval, final plat approval, or building
permit issuance applicable to this development.
Page 8
F. A Record Plat for nil or part ofthe Planned Unit Development and (final site development
plans for the development) shall receive approvals at the appropriate County levels to
insure that the plans comply with the Planned Unit Development Master Plan, the County
Land Development Code, and the platting laws of the State of Florida.
G. The PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to
or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be
submitted for the entire area covered by the PUD Master Plan. Any division ot'propeny
and the development of the land shall be in compliance with the County Land Development
Code, and the platting laws of the State of Florida.
~'"" '" H. The provisions of Division 3.3, SITE DEVELOPMENT PLAN~, of'the LDC, when
,'. ',~,.' applicable, shall apply to the development of'all platted tracts, or parcels ofland as provided
.~ ,:.- in said Division 3.3 prior to the issuance ora building permit or other development order.
'~ '"5 I. Appropriate instruments will be provided at the time ofinfr~tructural improvements
] ~.'~ regarding any dedications and method for providing perpetual maintenance of common
facilities.
Page 9
SECTION IV
COMMERCIAL AREA PLAN
Thc purpose of this Section is to identify the types of commercial uses and development
standards that will be applied to the Immokalee Road Center PUD.
DEVELOP~ EMPHASIS
A. This project shall comply with the Growth Management Plan by developing in
compliance with the Future Land Use Element of the Growth Management Plan for
Collier County. Currently, this parcel is designated as an Activity Center in accor-
danc~ with the Future Land Use Map of the Growth Management Plan.
The requested rezoning to a commercial planned unit development furthers the goals,
objectives, and policies of the Growth Management Plan by concentrating commercial
development at an intersection of major arterial roads, therefore, lessening the traffic
impact.
Further, the market study for this project substantiates the ne~d for additional com-
mercial facilities in the North Naples Planning Community District to service the
surrounding residential areas.
m rrr D VSES
The following uses, as defined with a number from the Standard Industrial Classification
Manual (1987), or as otherwise provided for within this Section, are permitted as ofiSght, or
as use~ ance~ory to permitted principal uses in the Immokalee Road Center PUD.
?EP.M TT O Pm-NCrP^L USES AND S?RUCTUm S
1. Accounting, auditing, and bookkeeping services (8721);
2. Amusements and recreation services - Indoor (groups 7911, 7933, 7991,
7993);
3. Apparel and accessory stores (groups 5611-5699);
' 4. Auto and home supply stores (5531);
5. Business services (groups 7311, 7313, 7322-7338, 7361- 7379, 7384, 7389
except as auctioning services, bottle labeling, bronzing, field warehousing,
packaging and labeling, salvaging of damaged merchandise, scrap steel cutting
and slitting);
Page 10
Ir!i 6. Civic, social, and fraternal associations (8641);
; ~'~ ;~ 7. Depository institutions (groups 6011-6099);
8. Eating and drinking places (groups 5812-5813 except contract feeding, industrial
l,'~!jl: feeding, bottle clubs and cabarets);
[!~¥. a. Exception for restaurants and drive-through restaurants:
/ ~,.,;.~... Restaurants an dd rive-t hrough rest au rants which do not contain indoor seating
will be prohibited from this PUD.
9. Engineering, architectural, and surveyin8 services (groups 8711-8713);
~'.;i- .' 10. Food stores (groups 5411-5499);
?:?.'~' 11. General merchandise stores (groups 5311-5399);
i .,"'... 12. Hardware stores (5251);
'"' :':' 13. Health services (groups 8011-8049, 8082);
' 14. Home furniture, furnishing, and equipment stores (groups 5712-5736);
i~,: 15. ' Insurance carriers, agencies, and brokers (groups 6311-6399, 64 11);
16. Legal services (8111);
'"" 17. Management and public (groups 8741-8743, 8748);
relations
services
'!~.i" 18. Miscellaneous personal services (7291);
?'.~!~-. 19. Miscellaneous repair services (groups 7622, 7629-7631, 7641, 7699 except agricul-
~..:':' tural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith
shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery
repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair,
machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing,
tractor repair);
" 20. Miscellaneous retail (groups 5912-5963 and 5992-5999);
21. Museums and art galleries (8412);
22. Non-depository credit institutions (groups 6111-6163);
23. Paint, glass, and wallpaper stores (5231);
!; 24. Personal services (groups 7212, 7215, 7221-7251, 7291);
:~' 25. Public administration (groups 9111-9199, 9229, 931 I, 9411-9451, 9511-9532, 9611-
? i. 9661);
26. Real estate (groups 6531-6541);
27. Retail nurseries, lawn and garden supply stores (5261);
28. Security and commodity brokers, dealers, exchanges and services (groups 6211-6289);
!. 29. United States Postal Service (4311);
30. Used merchandise stores (5932);
!i~:. 31. Video tape rental (7841);
32,. Any other commercial use or professional service which is.comparable in nature with
the foregoing uses and which the Current Planning Manager determi~ies to be compa-
t~le in the district.
B. PE~D ACCESSORY USES AND STRUCTURES
1. Accessory uses and structures customarily associated with the uses permitted
i~jj in the C-Iff District, Section 2.2.12 of the LDC, the C-2 District, Section
2.2.13 of the LDC, the C-3 District, Section 2.2.14 of the LDC, and the C-4
District, Section 2.2.15 of the LDC.
DIMENSIONAL ~TANDARD:~
Tho following dimensional standards shall apply to all permitted principal and accessory uses
in th~ Immokalee Road Center PUD.
A. MINIMUM LOT AREA: Ten thousand (10,000) square feet.
B. MINIMUM LOT WIDTH: One-hundred feet (100').
C. MINIbIIJM YARD REQUIREMENTS:
1. Depth of front yard setback - Twenty-five feet (259, plus one foot (1') for each
one foot (19 of building height over fifty feet (50').
2. Depth of side yard setback - Fifteen feet (159.
3. Depth of rear yard setback - Zero feet (09.
4. Depth of any yard abutting a residential parcel - Twenty-five feet (259.
D. MAXIMUM HEIGHT: Fifty feet (509. o
E. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES: One-thou-sand
(1,000) square feet gross floor area for each building on the ground floor.
1~. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS:
Az required in Division 2.3 of the LDC.
O. LANDSCAPING: As required in Division 2.4 of the LDC.
1. Exception for landscaped buffer on southern perimeter of this project:.
The southern boundary ofthis project shall be provided with either a ten foot
(Iff) landscaped buffer or a combination tlu'ee foot (37 landscaped
buffer/six foot (6') masonry wall.
Page 12
4.?/
; The buffer on the northern end of the subject property (adjacent to Immokalee
Road) shall have a minimum width of thirty feet (307.
H. MERCHANDISE STORAGE AND DISPLAY: Unless specifically permitted for a
use, outside storage or display of merchandise is prohibited.
I~!'~ L SIGNS: A~ required in Division 2.5 of the LDC.
'i~I I. LIGHTING: Lighting shall be located so that no light is aimed directly toward a
' 'i' ' residentialpr°perty designatedproperty, residential if lighting is located within two-hundred feet (200~) of
· e~ K. ARCHITECTURAL THEME: The main parcel of the subject property will have a
: ' )"}i central architectural theme, which shall be submitted to the Collier County Current
Planning stafffor comments and recommendations at the time ofapproval ofthe
I~ , Preliminary Subdivision Plat.
:
SECTION V
DEVELOPMENT COMMITMENTS
The purpose of this Section is to set forth the development commitments for the development
of the project.
A. All facilities shall be constructed in strict accordance with Final Site Development Plans,
',c','~ * F'mal Subdivision Plans and ali applicable State and local laws, codes, and regulations
applicable to thisPUD and in effect at the time ofbuilding permit application. Except where
specifically noted or stated otherwise, the standards and specifications of the official LDC
..: shall apply to this project even iftheland within the PUD is not to be platted. The developer,
his successor and assigns shall be responsible for the commitments outlined in this
document.
The developer, his successor or assignee shall agree to follow thc PUD Master Plan
and the regulations ofthe PUD Document as adopted and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition, the
developer will agree to convey to any successor or assignee in title any commitments within
this agreement. ·
A. The PUD Master Plan, identified as Attachment "1", iljustrates the proposed development
and is conceptual in nature. Proposed tract, 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 as may be executed at the time of Final Platting or Site Development Plan
application, subject to the provisions of, Section 2.7.3.5, CHANGES AND AMEND~
.MENTS, of the LDC, to which 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.
Page 14
~< ,~,... ~.4SCl~EDULE OF DEVELOPMENTfMQNITORING REPORT
A. ~e D~eloper intends to be~n d~elopment of the proje~ ~ e~ly ~ possible upon
' ~'~ ' approval of the petition by the Board of County Commissioners ~d continue wo~ng
.~: until ~1 of the site improvements along ~th the required buildin~ are completed in
'S~; a~ordance ~th the conditions of the approved P~ Document.
I~ It is estimated that completion of this proje~ ~l[ be ~thin five (5)ye~s ~om date of
Coun~ approval, i.e., by the y~ 1998, ~su~ng that Coun~ approv~ is in 1993.
~s P~ sh~i be subje~ to the Sun~t Pro~sions of Se~ion 2.7.3.4, of the LDC.
B. Mo~tofing Repo~: ~ ~u~ mo~tofing repo~ sh~l be sub~ pur~t to
S~on 2.7.3.6, of the LDC.
S.$ bifiINTENANC'E OF COMMON AREAS
A. In the event of private streets, common open spaces, or any other such private ameni-
ties, the maintenance of said amenities shall remain the responsibility of the property
~'.,;
owner, Ms/her successor in title or assignee.
WATER SUPPLY
A. The water distribution system, which is County owned and operated and located in the
Immokalee Road right-of-way, will provide potable water to this project. The project's
on-site water d~stribution system will be connected to the existing water main located in
the Immokalee Road right-of-way.
SQI~ID WASTE COLLECTION AND DISPOSAL
A. Solid Waste Collection and Disposal shall be handled by the County franchise holder at the
time of issuance of permits.
Page 15
TRANSPORTATION
A. A median opening in the lo~tion shown on the Planned Unit Development Master Plan
is to be constructed as part of the Immokalee Road Widening Construction Project in
accordance with the Right-of-Way Dedication Agreement between the owner and Collier
County. Auxiliary lanes required to serve the Immokalee Road Center Planned Unit
Development will be constructed as part of the site's infrastructure improvementsl Cost
of these improvements will be paid for by the developer.
B. Arterial level street lighting shall be provided at all project entrances.
C. Impact fees shall be paid in accordance with Ordinance No. 92-22.
D. No direct access to Immokalee Road shall be permitted from any outparcels. All access
to outparcels shall be provided from the internal site circulation.
E. In order to facilitate the Immokaiee Road four-laning project, the permitting of the
driveway onto Irnmokalee Road shall be issued with close coordination with the
Transportation Capital Projects staff.
F. The developer shall provide a fair share contribution toward the capital cost of traffic
signals at any project entrance when deemed warranted by Collier County Transportation
Se~ices.
WATER MANAGEMENT o
A. Prior to the approval of the final construction plans, the developer shall provide evidence
of the right to discharge into the existing ditch that is located between the project and the
Airport-Pulling Road canal.
B. An analysis on the capacity of the entire length of the existing ditch shall be provided. If'
any improvements are needed to handle the runoffgenerated by the project, these
improvements shall be made by the developer.
C. Prior to the appr0val'ofthe final construction plans, a South Florida~Water Management
'District Surface Water Management Permit shall be obtained, since Coll'ier County does
not perform the permitting procedure to permit water management systems to use
wetlands.
ELECTRIC POWER SERVJC:E
!'?' · Tho applicable entity will provide electric power service to the project.
$.11 TELEVISION CABLE SERVICE
'~.. Tho applicable entity will provide television cable service to the project.
.~.: FIRE PREVENTION
Tho development will comply with ali applicable fire codes and regulations. The North Naples
~" F~r~ Control and Rescue District will provide service to the project.
: ~.~;~. S,13 UTILI'ITES EASEMENTS
:' Easements shall be provided fo; all utilities as required by the Collier County Land Develop-
merit Code.
· :i $.14ENVIRONMENTAL
A. The developer shall mitigate for the loss ofwetlands as proposed in the Wetland Mitigation
Plan dated November, 1992 (revised lanuary, 1993), by:
;' ... 1. Creating a 0.3 acre herbaceous pond.
2. Creating a 0.7 acre cypress wetland.
~'.~ 3. Restodn8 1.5 acres ofcypress wetlands.
4. Donating 9 acres of off-site cypress wetlands to the Corkscrew Regional Water-
shed Trust.
a. The donation agreement is to be completed within six (6) months of the
~, approval of this Planned Un/t Development.
All of the aforementioned requirements shall be completed prior to the issuance of any Cefti-
n'. ficates..of Occupancy for this project. · ·
,,.~, B. A gopher tortoise relocation plan shall be submitted and approved by Project Plan Review
prior to the approval of'the final construction plans. Said plan shall also be reviewed and
~: approved by the Florida Game and Fresh Water Fish Commission. Relocation of gopher
tortoises ,~hall occur prior to the pre-con.~truction meeting.
C. Cypress trees shall be transplanted from the impacted area, using a tree spade, to the areas
of recreation, restoration, or preservation.
Page 17
D. Oak trees on site shall be retained ifthey fall in any landscape area or can be incorporated
into tree islands within the paridn8 lot.
E. Royal palms on site shall be transplanted into areas of landscaping or retention (or
shall be offered for off site transplantation prior to any site alterations).
F. Mulch, seed source and plantings from the existing temporary pond on site shall be used
to supplement the creation and enhancement ofthe herbaceous wetland pond.
~,~,: O, The proposed preserve shall be placed under a perpetual conservation easement similar to
,,:, or as per F.S. Section 704.06 in favor of Collier County.
S, IS ~
A. This project shall be required to meet all County Ordinances in effect at the time final
/' construction documents are submitted for development approval.
S.16 UTILFFIES
A. Water distribution, sewage collection and transmission and interim water and/or sewage
'" treatment facilities to serve the project are to be designed, constructed, conveyed, owned
and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and
~:" other applicable County rules and regulations.
::',~ B. 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 Countyin accordance
with the County's established rates.
C. The on-site water distribution system to serve the project must be connected to the
:-:~ District's 12 inch water main on the south side of Immokalee Road consistent with th~
main sl-lng requirements specified in the County's Water Master Plan and emended
throughout the project. During design ofthese facilities, dead-end mains shall be
eliminated by looping the internal pipeline network.
D.. The utility construction documents for the project's sewerage SYstem shall be prepared so
that all sewage flowing to the County's master pump station is transmitted by one (1) main
on-site pump station. Due to the design and configuration of the master pump station, flow
· re.,., by gravity into the station will not be possible. The Developer's Engineer shall meet with
'-~::' the County Staffprior to commencing preparation of construction drawings, so that all
'~ aspects of the sewerage system design can be coordinated with the County's sewer master
,: :'~,:,! :~ plan.
Page 18
E. The existing off-site water facilities of the District must be evaluated for hydraulic capacity
to serve this project and reinforced as required, if necessary, consistent with the County's
Water Master Plan to insure that the District's water system can hydraulically provide a
sufficient quantity ofwater to meet the anticipated demands of the project and the District's
existing committed capacity.
F. The existing off-site sewage transmission facilities of the District must be evaluated for
hydraulic capacity to serve this project and improved as required outside the project's
boundary to provide adequate capacity to transport the additional wastewater generated
without adverse impact to the existing transmission facilities.
5.17 ]:~E,.TENTION AND PRESERVE AREAS AND USES
The designated area for retention and preservation/water management shall not be used for any
type ofdevelopment.
5,18 OPEN SPACE REOUIREMENT
The project's final site development plan will be designed to include a minimum of thirty percent
(30%) ofopen space. Open space requirements for the site will include the 2.50 acres cypress/
restoration/preservation/stormwater management area, the perimeter buffer, and the miscella-
neous green areas throughout the site.
.~$$O(~"IATI0,N OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
It is the intent of the owner/developer to form an association of property owners who will be
responsible for the care and maintenance ofall common areas, including, but not limited to: parking
areas, green areas, and the cypress restoration/water management area.
5.20 ~,EARING OF SUBJECT PROPERTY
The property owners hereby agree to raze the existing unhabitable structures, to clear undesirable
vegetation, and, in general, to improve the appearance of the property. The aforementioned
~im. provements~ shall be completed within thirty (30) days ofcompletion of the Immokalee Road
Four-Laning Widening Project, or as soon as possible after all required permits are obtained.
ASPHALT PAYING DETAIL
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LOC~TION
IMMO~LEE ROAD CENTER PUD
~o. ~61~ 25
'STATE OF FLORIDA )
COUNTY OF COLLIER )
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
heFeby certify that the foregoing is a true copy of:
Ordinance No. 93-26
which was adopted by the Board of County Commissioners on
the 25th day of May, 1993, during Regular Session.
WITNESS my hand end the official seal of the Board of
County Commissioners of Collier County, Florida this 3rd
Coun~ C ..
Maure