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Ordinance 92-007 ORDINANCE NO. 92-__~__7 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, ~ m FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS ~AP NUMBER 7904N~ BY CHANGING THE ZONING CLASSIFICATIONS OF THE HEREIN DESCRIBED REAL PROPERTY FROM RSF-3 AND o C-4 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE R. ROBERTS ESTATE PLANNED UNIT DEVELOPMENT FOR SINGLE-FAMILY RESIDENCES, MULTI-FAMILY RESIDE~CES, CO~ERCIAL USES AND A HISTORIC SITE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF ROBERTS AVENUE A~D NORTH AND ~AST OF SR-29, IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST (I~OKALEE), COLLIER COUNTY, FLORIDA, CONSISTING OF 39.90~ ACRES~ AND BY PROVIDING AM EFFECTIVE WHEREAS, Dallas TOWnsend, representing Robert A. 'Roberts, on behalf of tho Robert Roberts Estate, petit~oned the Board of County Commiss~oners to change the zoning class~ficat~ons of the here~n described real property~ NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Flor~dac The Zoning Classif~cat~ons of the here~n described real property located ~n Section 4, Township 47 South, Range 29 East (Immokalee), Collier County, Florida, are changed from RSF-3 and C-4 to "PL~D" Planned Unit Development ~n accordance with the R. Roberts Estate PUD Document, attached hereto as · Exhibit "A" and ~ncorporated by reference here~n. The Official Zoning Atlas Map Number 7904N, as described Ordinance Number 91-102, the Collier CounCy Land Development Code, £s hereby amended accordingly. Th~s Ordinance shall become effective upon receipt of not,ce from the Secretary of State that th~s Ordinance has ~f~' been filed with the Secretary of State. oo, n50,, 388' PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 21st day of .Tram ~ , 1992. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATT~.ST: 4/ BY: ..,'JAMES C.~..GI~S, CLERK EL J~OLPE~ 'CHAIRMAN AS .~O FORM AND LEGAL SUFFICIENCY ~SSISTAN? COUNTY T~Is orc~o~ce *:h.,{ with S ::reVery of~t~t "s Office tho PUD-91-8 ORDINANCE and o¢~,%'~'edge~nent of t~at R. ROBERTS ~STATE PUD PL~NED UNIT DEVELOPMENT " PREPARED FOR= ROBERT A. ROBERTS IN BEHALF OF THE ROBERT ROBERTS ESTATE PREPARED BY = DALLAS TOWNSEND P.'O. BOX 1110 IHMOKALEE, FLORIDA 33934 CONSULTING ENGINEER= DAVID S. WILKISON, P.E., VICE PRES. WILKISON & ASSOCIATES, INC. 3584 EXCHANGE AVENUE, SUITE A NAPLES, FLORIDA 33942 ENVIRONMENTAL CONSULTANT: TURRELL & ASSOCIATES 3584 EXCHANGE AVENUE, SUITE B' NAPLES, FLORIDA 33942 PLANNING CONSULTANT: DR. NENO J. SPAGNA, AICP, PRES. FLORIDA URBAN INST., INC. 3850 27TH AVENUE S.W. NAPLES, FLORIDA 33964 DATE REVIEWED BY CCPC 12/19/91 DATE APPROVED BY BCC____~.~ ORDINANCE NUMBER 92-7 · AMENDMENTS AND REPEAL EXHIBIT "A" TABLE OF CONTENT~ PAGE TABLE OF CONTENTS i STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP & DESCRIPTION 4 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 6 SECTION III LOW DENSITY RESIDENTIAL AREAS PLAN '? 11 " SECTION IV MEDIUM DENSITY RESIDENTIAL AREAS PLAN 13 SECTION V COMMERCIAL AREAS PLAN 19 !~i[ SECTION VI HISTORIC SITE DEVELOPMENT PLAN 24 '. SECTION VII DEVELOPMENT COMMITMENTS 26 PUD MASTER PLAN ATTACHMENT I STATEMENT OF COMPLIANCB Introductory ParaaraDh The subject property consists of 39.90 acres, more or less, of land located in the south 1/2 of the northwest 1/4 of Section 4, TownShip 47 South, Range 29 East, Collier County, Florida and more· particularly described as follows= Commencing at the southeast corner of the Northwest 1/4 of said section, run South 89 Deg. 25~ 45" West 659.79 feet along the south line of said Northwest 1/4; thence North 00 Deg. 46' 47" West 50.00 feet to the Point of Beginning, said point being on the north right-of-way line of S.R. 29; thence South 89 Deg. 25' 45" West 348.97 feet along said right-of-way line to a point of curve; thence 2150.68 feet along the arc of a circular curve concave to .the northeasterly, radius 1587.28 feet; chord bearings North 51 Deg. 44~ 33" West, chord 1989.90 feet to the intersection of the south right-of-way line of Roberts Avenue; thence North 89 Deg. 22~ 20" East 1684.64 feet along said right-of-way line; thence South 00 Deg. 46' 47" East 634.67 feet; thence North 89 Deg. 24' 03" East 210.00 feet; thence South 00 Deg. 46' 47" East 614.77 feet to the Point of Beginning; containing 39.87 acres, more or less. Subject to all easements, restrictions and reservations of record. It is the intent of the petitioner to develop this land into 5.9 acres of single family residences, 9.0 acres of multi-family residences, 18.6 acres of commercial use, 4.1 acre Historic Site, and 2.3 acres of roadway along with the required Water Management, Recreation and Open Space, and related accessory uses and structures. This project shall be subject to compliance with the Concurrency Management System designed to determine the adequacy of public services and facilities. This project is consistent with the Immokalee Master Plan Element of the Collier County Growth Management Plan because of the following reasons: A. The project has been found to be consistent with Policy II.1.1 of the Land Use Section of the Immokalee Master Plan Element that is stated as follows: "The Immokalee Master Plan Future Land Use Designation shall include a Future Land Use District for commercial that is known as the Commerce Center-Mixed Use District." B. The project has been found to be consistent with Section B., Land Use Designation Description, of the Implementation Section of the Immokalee Master Plan Element, with regards to the Commerce Center-Mixed Use District. The subject property is located within the Commerce Center/Mixed Use District as shown on the Immokalee Future Land Use Map. This subdistrict is designed to function as an employment center and encourages commercial and institutional uses. Uses permitted within this subdistrict include shopping centers, governmental institutions, transient lodging facilities, and other employment generating uses. Residential development is permitted within the mixed-use subdistrict at a maximum density of 12 dwelling units per gross acre. Residential dwelling units are limited to multi- .family structures and less intensive units such as single-family provided they are compatible with the district. Non-commercial uses permitted within the Commerce Center/Mixed Use District include uses such as parks, open space, publicly-owned recreational uses, churches, public and private schools, day-care centers, and those essential services as defined in the Collier County Land Development Code. Evaluation of Residential Tracts Tract LandUse Acres Units Density A Single-Family 5.9 24 4.07 Residential B Multi-Family 9.0 79 8.78 Residential Since the density of the Single-Family Residential tract and the density cf the Multi-Family Residential tract are both less than the maximum density of 12 dwelling units per gross acre, and the conditional uses are similar to non-commercial uses permitted within the Commerce Center/Mixed Use District (or in some cases, permitted residential uses} the residential tracts are consistent with the Immokalee Master Plan Element of the Collier County Growth Management Plan. Evaluation of Commercial Tracts Tract Acres Intensity ¢Square Feet~ C 9.8 136,989 D 8.8 123.011 Total 18.6 260,000 Designed to provide employment generating uses, the two commercial tracts would accommodate commercial uses similar to the permitted uses and conditional uses under the C-4 (General Co~mercial) zoning district of the Collier County Land Development Code. The Floor Area Ratio of 0.32 is a relatively moderate amount of commercial intensity. Furthermore, its central location within the Immokales Urban Area provides a logical point for the concentration of general commercial land uses. The two commercial tracts are consistent with the Immokalee Master Plan Element of the Collier County Growth Management Plan. Evaluation of ~istoric Site The 4.1 acre Historic Site is similar to parks, open space, and publicly-owned recreational uses. Since non-commercial uses permitted within the Commerce Center/Mixed Use District include uses such as parks, open space, and publicly-owned recreational uses, the Historic Site is consistent with the Immokalee Master Plan Element of the Collier County Growth Management Plan. Consistency with the Growth Management Plan includes more than a finding of land use consistency. However, these consistency relationships typically come about as a function of imposing development commitments and requiring mitigation to 6vercome or compensate for level of service requirements and other requirements of the Immokalee Master Plan Element and other elements of the Growth Management Plan. Based on Policy 5.2 of the Traffic Circulation Element, the trips generated by this project represents a significant percentage of the overall traffic on S.R. 29, N. 11th Street, Roberts Avenue, and Immokalee Drive. However, the site generated trips will not reduce the level of service on any roadway segment within the project's radius of development influence (RDI) at build-out. Furthermore, there are no capacity problems on any roadway segment that is impacted greater than five percent by the project's site generated trips. Therefore, this petition is consistent with all elements of the Growth Management Plan, albeit this consistency will or may be brought about by the inclusion of development standards, mitigation measures, or otherwise provided for in the approved development order. Unless -otherwise provided for in the approved development order, development permitted by the approval of this petition will be subject to~ a concurrency review under the provisions of the Adequate P~blic 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. -3- 8ECTZON Z PROPERTY OWNERSHIP AND DESCRI'pT1'ON Z.1 PURPOSB .The purpoee of this Section ie 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 R. Roberts Estate Planned Unit Development. LEGAL DESCRIPTION A parcel of land lying in the South 1/2 of the Northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida end more particularly described as follows= Commencing at the Southeast corner of the Northwest 1/4 of said section, run South 89 Deg. 25' 45" West 659.79 feet :' along the south line of said Northwest 1/4; thence North 00 Deg. 46~47" West 50.00 feet to the Point of Beginning, said point being on the north right-of-way line of S.R. 29; thence South 89 Deg. 25~ 45" West 348.97 feet along said right-of- way line to a point of curve; thence 2150.68 feet along the arc of a circular curve concave to the Northeasterly, radius 1587.28 feet; chord bearings North 51 Deg. 44' 33" West, chord 1989.90 feet to the intersection of the south right-of- way line of Roberts Avenue; thence North 89 Deg. 22' 20" East 1684.64 feet along said right-of-way line; thence South 00 !% Deg. 46~ 47" East 634.67 feet; thence North 89 Deg. 24' 03# East 210.00 feet; thence south 00 Deg 46' 47" East 614.77 feet to the point of beginning. Containing 39.87 acres, more f. or less. Subject to all easements, restrictions and reservations of record. ~.3 PROPERTY OWNERSHIP )ii The subject property is owned by the following individuals: .,., Robert A. Roberts, Nine R. Renfroe, Mildred R. Sherrod, Blye i. R. Treadway, Louise R. Floyd, and Richard H. Roberts,. personal representative of the W.D. Roberts Estate; and, John R. Giddens, Mary Glddens, Ellie Glddene, Marilyn Sears, Carl R. Gallagher, John D. Gallagher, Jesse E. Gallagher, Jr., :~. Norma L. Chodat, and Joseph R. Coker, Personal Representative of the Lois R. Horton Estate. The address of the owners is P.O. Box 875, Immokalee, Florida, 33934. -4- 1 50,- 395 ~ 1.4 GENERAL DESCRIPTION OF PROPERTY ARE~ The project site is located in the South 1{2 of the Northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida (SR 29 and Roberts Avenue in Immokalee, Florida). ~. The CUrrent zoning is RSF-3 and C-4. 1oS P~SICAL DESCRIPTION The property consists of approximately 39.90 acres of land "' located in Xmmokalee, Florida The elevation of the property varies from approximately 34 feet NGVD in the Southwesterly portions to approximately 38 feet NGVD in the Northeasterly portion of the subject property. Water Management for the proposed project is planned to be a series of retention ponds as shown on the Maste~ Utilities and Water Management Plan, included as part of this PUD Document. According to the USDA Soil Survey of Collier County Florida, issued March 1954, the project site lies entirely within the Blanton Fine Sand (Sa) Soil Classification. The relief of this soil classification is characterized as level to gently undulating; surface runoff is slow to medium; internal drainage is rapid; depth to bedrock is "many feet"; reaction is strongly acid; an, the principal vegetation before clearing was Slash Pine, Bluejack and Live Oaks, and Grasses. PROJECT DESCRIPTION It iS the intent of the petitioner to develop this land into 5.9 acres of single family residences, 9.0 acres of multi- family residences, 18.6 acres of commercial uses, a 4.1 acre historic site, and, 2.3 acres of roadway along with the required water management, recreation and open space, and, related accessory uses and structures. 1.7 BRORT TITLE This ordinance shall be known and cited as the "R. Roberts .. Estate Planned Unit Development Ordinance". SECTION II PROJECT DEVELOPMENT REQUIREMENTS P~RPOSE 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 pro~ect relationships. A. Regulations for development of R. Roberts Estate 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 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 all graphic material presented depicting restrictions for the development of the R. Roberts Estate PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived, or excepted by this PUD, the provisions of other land development codes, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this ~etition 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 p6rmit issuance applicable to this development. 2.3. DEBCRIPTION OF PROJECT PLaN ~ND PROPOSED L~ND USES A. The layout of streets and use of land for the various ~. tracts, is iljustrated graphically on the map titled ii "Master Plan"; copy of which is included as part of this petition submittal. B. The location and sizing of utilities; and the Water Management Plan is iljustrated graphically on.the map !{~i~ titled ,"Master Utilities and Water Management Plan"; a copy, of which is included as part of this petition ~.,' submittal. C. The existing zoning of the subject property aha the immeaiately surrounding area along with an aerial "!' photograph of the subject property and surrounding area ii~,I are shown on the map titled "Aerial, Zoning Vicinity Map"; a copy of which is included as part of this petition submittal. D. The existing boundary of the subject property, elevations, and location of utilities and trees are iii shown on the map titled "Boundary, Elevations and ;:, Locations of Utilities and Trees"; a copy of which is included as part of this petition submittal. . E. The following land use matrix summarizes the proposed use of the R. Roberts Estate PUD: TYPE UNITS/SO. FT ._~ TRACT "A" Single Family 24 (4 DU/AC) 5.9 TRACT "B' Multi Family 79 (9 DU/AC) 9.0 ROADWAY TRACT 1.3 TRACT "C" Commercial 13,978.5 SQ. FT./ 9.8 ACRE Tract "D" Commercial 13,978.5 SQ. FT./ 8.8 ACRE Tm~CT "Z" .istoric Site 4.~. -7- 050 398 F. Areas iljustrated as lakes on the "Master Utilities and Water Management Plan" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, depressions for water detention purposes. Such areas, lakes and dry areas shall be in the same general configuration and contain the same general acreage as shown on the "Master Utilities and Water Management Plan". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Preliminary' Subdivision Plat or Site Development Plan approval, subject to the provisions cf Division 2.7 of the Collier County Land Development Code, Division 3.5, or as otherwise permitted by this PUD Document. G. In addition to the various areas and specific items shown in the "Master Utilities and Water Management Plan", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF L~ND U0N A. A maximum of 103 residential dwelling units, single family and multi-family, exclusive of any caretakers residences which may be provided in conjunction with commercial development, may be constructed on the total project area. The gross (residential) project area is 14.9 acres. The gross project density, therefore, may be a maximum of 6.9 units per acre. RELATED PROJECT PLAN APPROYAL REOUIR~MENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agencies to insure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the ' State of Florida. B. The "Master Plan", a copy of which is included as part of this petition submittal, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivis~on Plat shall be submitted for the entire area covered by the PUD Master -8- Plan. Any division of property and the development of the land shall be in compliance with the Subdivision Regulations, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County 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. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requiremente established by Division 3.2 of the Collier County Land Development Code, or any subsequent amendment relating thereto prior to the submittal of construction plans and plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common 2.6 HODEL HOMES ;eND SALES FACILITIES A. Model homes and sales facilities shall bm subject to the provisions of Section 2.6.33, Temporary Use Permits, of the Collier County Land Development Code. 2.7. ~MENDMENTS TO PUD DOCUMENT OR PUD MASTER. PLAN Amendments may be made to the PUD as provided in Section 2.7.2 of the Collier County Land Development Code. 2.8 PROVISION FOR OFF-SITE REMOVAL OF EART~ENMATERIAL A. 'The excavation of earthen material and it stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material then its off-site disposal is also hereby permitted subject to the following conditions: -9- a. Fill material from the lake is planned to be " utilized within the project. However, excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards may be removed and utilized ~:. off-site subject to the requirements of Ordinance No. 91-102, Division 3.5, including but not limited ~:i~ to traffic impact fees, etc. Removal of material ~..' in excess of 10% of total or maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance No. 91-102, Division 3.5. i:~ b. All other provisions of Ordinance No. 91-102, Division 3.5, are applicable. It is the purpose of this Section to identify specific development standards for areas designated as Low Density (Single Family Residential) in Tract' "A" of the "~aster Plan". MAXIM~ DWELLINO UNITS For the purpose of this section, low density residential is defined as four (4) or less dwelling units per acre on the tract allocated to this purpose. The maximum number of low density dwelling units allowed within the PUD shall be as follows= Tract "A" 24 dwelling units on 5.9 acres of land. USES PERMITTED No building or 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. S~ngle family detached dwellings. 2. Public parks, public playgrounds, public play fields, an~ co~only owned open space. B. Pe~itted Accessory Uses and Structures: 1. Customary accessory uses and structures, includ~mg private garages. 2. Recreational uses an~ facilities such as swiping pools, tennis courts, childre~s playground areas, etc. Such uses shall be v~sually and functionally ~ compatible with the adjacent residences which have the use of such facil~t~es. c. Permitted Cond~tional Uses and S=ruc=urus: 1. Recreational facilities not accesso~ ~o principal 2. Churches. 3. Public, private, parochial schools. 4. Owner-occupied child care centers (subject to Section 2.6.22). 5. Group Care Facility (Category I) (subject to Section 2.6.26). 6. Cjuster housing (subject to Section 2.6.27). 7. Hospitals. DEVELOPMENT ST;%ND~RDS A. G~ERAL.- All yards, set-backs, etc. shall be in relation to the individual lot boundaries. Furthermore, except as otherwise provided for within this section, all lots shall conform to the RSF-4 zoning district. B. MINIMUM LOT AREA; 7,500 square feet. C. MINIMUM LOT WIDTH: (1) Corner Lots - 95 feet (2) Interior Lots- 80 feet D. MINIMUM YARDS~ (1) Front Yard - 25 feet (2) Side Yard - 7 1/2 feet (3) Rear Yard - 25 feet E. MINIMUM FLOOR AREA~ (1) One (1) story - 1,000 square feet; two (2) story - 1,200 square feet. F. OFF-STREET PARKING AND LOADING REOUIREMENTS AS required by Division 2.3 of the Land Development Code. G. MAXIMUM HEIGHT: (1) Principal Structure - 30 feet. (2) Accessory Structure - 20 feet. -12- 403' SECTION IV MEDIUM DENSITY RESIDENTIAL :%REAS PLAN 4.1 PURPOS~ The purpose of this Section is to identify specific development standards for the areas designated as Medium Density (Multi-Family Residential) in Tract "B" of the "Master Plan". 4.2 M~XIMUM DWELLIN~ UNITS Generally intended for projects where the net density is less than nine (9) dwelling units per acre the maximum number of dwelling units allowed within the PUD shall be as follows: Tract "B": 79 dwelling units on 9.0 acres of land. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi-family dwelling units 2. Two family dwelling units. 3. Single family attached and detached dwellings. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures, including private garages. 2. Recreational uses and facilities such as swimming pools, tennis courts, children's playground areas, etc. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. C. Permitted Conditional Uses and Structures: 1. Cjuster housing (subject to Section 2.6.27 of the Collier County Land Development Code). Public, private, and parochial schools. 3. CiViC and cultural facilities. 4. Owner-occupied child care centers (subject to Section 2.6.22). ' 5. Recreational facilities not accessory to principal use. 6. Group Care Facility (Category I) (subject to Section 2.6.26). 7. Multi-family dwellings up to 4, 5, and 6 stories. 8. Churches. 9. Child care centers. 10. Hospitals. 4.4 DEVELOPMENT STAND~RDB A. ~ All criteria listed below shall be understood to be in relation to respective tract boundary lines or between buildings. B. MINIMUM LOT AREA= One (1) acre. C. MINIMUM LOT WIDTH: 150 feet. D. MINIMUM YARD~; (1) Front Yard - 25 feet plus one foot for each two feet of building height over thirty (30) feet. (2) Side Yard - 7 1/2 feet plus one foot for each two feet of building height over thirty (30) feet. (3) Rear Yard - 25 feet plus one foot for each two feet of building height over thirty (30) feet. E. DE, STANCE BETWEEN BUILDI~G~ Fifteen (15) feet plus one foot for each two feet of building height over thirty (30) feet. F. MINIMUM FLOOR AREA~ 750 square feet. -14- (1) Principal Stru6ture= 30 feet. (2) Accessory Structure= 20 feet. (3) Ae otherwise approved by the County for conditional use multi-family structures over three (3) stories as permitted by Section 4.3.C.? preceding. OFF-STREET PARKING AND LOADING REOUIREMENTS= As required by Division 2.3 of the Land Development Code. RESIDENTIAL SETBACKS ~ SUMMARY TABLE FOR RESIDENTIAL ]t~EAS General ADDlication For Setbacks Generally whenever the word setback is used relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to be constructed it shall have the following application. A. ~ONT YARD Front yard setbacks shall be measured as follows: 1) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 2) If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. 3) If the parcel is served by a platted private drive, setback ts measured from the road easement or property line. 4) Generally, principal buildings shall be setback & distance sufficient to provide for two back to back parking spaces, one of which may be tn an enclosed space. 5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right-of-way or non-platted drive a minimum -15- distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (10) feet shall separate said right-of-way, or other non-platted private drive from the common parking area. This shall not prohibit the attached relationship of enclosed parking structures to the principal residential structure. The separation of principal structures from an interior lot/parcel/tract boundary shall not be less than ?.§ feet for side yard setbacks and not less than 25 feet for rear yard setbacks. The development standards for accessory buildings shall be as set forth in this PUD Document. However, whenever provisions have not been provided in this document, the regulations of the Collier County Land Development Code shall govern. 1) ~ Determined by dividing the site area by the site width. 2) ~ As defined by Article 2 of the Collier County Land Development Code. May be reduced on cul-de-sacs lots. 3) ~ Combined height of two adjacent buildings for the purpose of determining setback requirements. Setbacks are measured from lot lines, tract boundaries or public or private streets. Open space area means development adjacent to lakes, preserves, conservation area, park, or golf course. 4) · A group of three (3) or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is -16- ~. located above another, and each unit is completely separated from any other(s) by a rated fire wall or a fire and sound resistant enclosed separation or i space, and wherein each dwelling unit is on a separate lot under separate ownership. 5) Villas: Is a multiple family structure which includes a structure containing three or mere dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior walls and generally not exceeding a height of two habitable floors. i: 6) MultiPle FamilY: Means a housing structure .~ containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, and villas. Generally includes a structure of two or more ,'~ stories with dwelling units above dwelling units .~ each of which may be accessed direct from the i.~'.~ outside or from a common interior location. 7) DuPlex: A single, freestanding, 6onventional : building intended, designed, used and occupied as two (2) dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot under separate ownership. !"~ '' 8) Cjuster Mousing: A design technique allowed within residential districts by conditional use. This ~' form of development employs a more compact arrangement of dwelling units by allowing for reductions in the standard lot requirements of the applicable zoning district, with the difference ~.' between the reduced lot size and the standard lot requirement being placed in common open space. (subject to Section 2.6.27 of the Collier County Land Development Code.) RESIDENTIal, D]~'V~PHENT 8TP, ND~RDS *~TIPLE F~ILY S~U~NS *SINGLE SINGLE TO~OUSE/ 'P~I~ED USES F~ILY 2 F~ILY~ F~ILY ~TI-F~ILY/ ,ST~D~DS D~ACHED D~LEX A~ACHED~ ROW HOUSE M~nimum ~nd ~ea Per Structure 7,500 I Acre i Acre Per ~ell~ng Unit 'sq. Ft. i Acre ~ WI~ 80 Ft. Int. MIN. AVG. 95 Ft. Cot 150 F2 150 Ft. 150 Y~ S~BA~ Reeler 25 Ft. 25 F~. 25 Ft. 25 Ft. ~IDE.Y~ S~BA~ .(l) Reeler 7.5 Ft. 7.5 Ft. 7.5 Ft. 7.5 Ft. . Y~ S~BA~ '~(~) Reeler 25 Ft. 25 F~. 25 F~. 25 ~. BUI~ING HEIGHT ~'~(i) ~ve N~ 100 Yr. or Grade Parking 30 Ft. 30 Ft. 30 Ft. 30 [~) Accesso~ :,. 'St~cture 20 Ft. 20 F2. 20 Ft. 20 ~. 1,000 SF 750 SF 750 SF :~!~/D~LLING ~IT I Sto~ 750 Sq. Ft. 2 'Story *Refer to Section III, Low Density Residential ~eas Plan. **Refer to Section IV, Medium Density Residential Areas Plan. COHM~R~Z]tT, XRF3~8 5.1 PURPOSB .The purpose of this Section is to Identify the types of. Commercial Uses and development standardu that will be applied to the areas so designated as Tracts "C" and "D" on ... the "Master Plan". . 5.2 DEFELOPMENT EMP~SIB ,~. Except as otherwise provided for within this section, all lots shall conform to the General Commercial District (C-4) ? of the Collier County Land Development Code. The intensity of land use, types of use activities and acreage assigned to this development is intended on the following tracts= '~ TRACT (INTENSITY) SQUARE FEET ACRES "C" 136,989 . . 9.8 #D" 123,011 " # 8.8 TOTAL 260,000 18 · 6 A. NO building or structure or part thereo~, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automob£1e service stations w~thout repairs (see Section 2.6.28); awning shops. 2. Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; billiard halls, blueprint shops; book binders; book stores; business machine services. Carpet and floor covering sales - which may include storage and installation; churches and other places of worship (see Section 2.6.10); clothing stores; cocktail lounges (see Section 2.6.10)~ commercial recreation uses - lndoor~ commercial schools; confectionery and candy stores. 4. Delicatessens department stores; drug stores~ dry cleaning shops; dry goods stores and drapery shops.' 5. Electrical supply stores; equipment rentals including lawn mowers and power saws, which may include their repair and sale. 6. Fish market - retail only; florist shops; fraternal and social clubs (see Section 2.6.10); funeral homes; furniture stores; furrier shops. 7. Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales - including storage and installation; gourmet shops. 8. Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. 9. Ice cream stores. 10. Jewelry stores. 11. Laundries - self-service only; leather goods~ legitimate theatres; liquor stores; locksmiths. 12. Markets - food; markets - meat, medical off,ce and clinics; millinery shops; motion picture theatres; museums; music stores; minor automobile repair work,. 13. New car dealerships - outside display permitted; news stores; night clubs (see section 2.6.10). 14. office - general; off,ce supply stores. 15. Paint and wallpaper stores; pet shops; pet supply stores; pottery stores; pr~nting; publishing and mimeograph service shops; private clubs (see Section 2.6.10); professional offices. -20- ~ 16. Radio and television sales and service; radio and ~%'~ .' television stations (offices and studios), and auxiliary transmitters and receiving equipment, but ~.. not principal transmitting tower; research and ~.'. design labs; rest homes; restaurants - including i~. drive-in or fast food restaurants (see Section '. 2.6.10). 17. Shoe repair; shoe stores; shopping centers (aaa Division 3,3); souvenir stores; stationery stores; supermarkets and sanatoriums; 18. Tailor shops; taXider~ists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish !;. stores. ~i. 19. Upholstery shops. 20. Variety stores; vehicle rental - automobiles only; veterinarian' offices and clinics - no outside "~ kenneling. 21. Watch and precision instrument repair s~ops. 22. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Planning Services Manager determines to be compatible in the district. B. All of the above permitted principal uses of land and buildings may be permitted providing the following ~ conditions are found to be present: 1. All retail or service establishments shall deal directly with consumers as opposed to wholesale ~' distribution of products or services to non-household establishments. For those retail or service establishments producing goods on the premises, they shall be sold at retail. !~. 2. All business, servicing, or processing, except for ~: off- street parking and loading, shall be conducted ~' within a completely enclosed building, except for % motorized vehicle equipment sales. C. - Permitted accessory uses and structures in Tracts "C" . 1. Accessory uses end structures customarily associated with the uses permitted in this section. -21- ~:. 2. Caretaker's residence subject to Section 2.6.16. D. Permitted conditiona! uses and structures in Tracts and 'D". 1. Car wash. 2. Child care center. ~' 3. Commercial recreation - outdoor. 4. Detached residence in conjunction with a business - one per business. 5. Drive-in theatres. 6. Permitted use with less than 1,000 square feet gross floor area in principal structure. 7. Used car lots and outdoor boat sales. 8. Vehicle rentals - all vehicles except automobiles. 9. Hotels and motels. 10. Retail sales of propane gas. ? ~.4 DEVELOPMENT STANDARDS APPLICABLE TO TRACTS "C" AND "D# A. Minimum Lot Area; Ten Thousand (10,000) square feet. B. Minimum Lot Width= One Hundred (100} feet. C. Minimum Yard Re~uire~e~tS: 1. Fron~ yard - twenty-five (25) feet plus one (1) foot for each one (1) foot of building height over ~i~i fifty (50) feet. 2. Side yard - fifteen (15) feet, or 1/2 the height of the building, whichever is greater. -22- 3. Rear yard - zero (0) feet or five (5) feet. D. Maximum Helaht: Fifty (50) feet. E. Minimum FlOOr Ar~ of Principal Structures~ One thousand (1,000) equate feet per building on the ground ~ floor. F. Maximum DensitY: Sixteen (16) unite per acre for transient lodging facilities, hotels, and motels with e 'maximum floor area of 500 equate feet per unit. G. Distance Between Principal Structures: Zero (0) feet or ~ fifteen (15) feet with unobstructed passage from front to rear yard. H. Off-Street Parkin~ and Loading Re=uiremen%~; ,~ 1. Ae reqilired by Division 2.3 of the Land Development Code. -23- SECTION VI HISTORIC SITE DEVELOPMENT PLAN A. . It is the purpose of this section to identify specific development standards for Tract "E" of the "Master Plan". No building or structure, or part thereof shall bo erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: The Historic Site (land and buildings) shall be maintained as an Historic Facility depicting the early days of Immokalee as they existed during the early occupancy of the property by the Roberts Family and may include the following uses and structures: 1. Museum, storage and display of historical records, photographs, and artifacts of significant value to Immokalee and Collier County. 2. Library and community meeting room. 3. Any structure depicting the residency of the Roberts Family on-site as well as any other structure or display which commemorates end/or preserves the occurrence of an historical event of significant value to the growth and development of Immokalee and Collier County. DEVELOPMENT STANDARDS A. ~eneral: Ail criteria listed below shall be understood to be in relation to respective tract boundary lines or between buildings. B. Mf~imum Lot Area: Four (4) acres. C. Minimum Lot Width: As shown on the "Master Plan". -24- D. Minimum Yard Re~uir~ent~ ,~ 1. Front Yard - 25 feet. 2. Side Yard - ? 1/2 feet. 3. Rear Yard - Not applicable. E. Minimum Floor Area= 1. .None. F. Maximum Nelaht~ ~'' 1. Maximum height of any etructure~ 45 feet. G. Off-Street Parkin~ and Loadin~ Re~uirement~= 1. A~ required by Division 2.3 of the Land Development Code. 6.4 ADMINISTERING AGENCY A. The 4.1 acre Hletoric Si~e (~and and build~ngs) shall be dedicated to the Collier county Board of County Comm~seioners. BECTZON'VZZ DEVELOPMENT COMMITMENTS A. The purpose of this Section is to set forth the general .development requirements and conditions for development of the project. ?°2° OEITERAL A. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD in effect at the time building permits are requested. Except where ~' specifically noted or stated otherwise, the standards and specifications of the official County Zoning and 4,1 Subdivision Regulations shall apply to this project even if the land within the PUD is not to be platted. The ~i developer, his successor and assigns shall be responsible for the commitments outline~ in this :. document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD 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. ?.~. PUD MASTER PLaN .... . A. The PUD Master Plan, identified as "Master Plan", i iljustrates the proposed development and is conceptual ~ ' in nature. Proposed tract, lot or land uss 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 2.7.2 of the Land Development code, amendments to the PUD may be made from time to ~i time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and ;i all common areas in the project. -26- ~ 7.4. BC]~EDULE OF DEVELOPMENT/MONITORIN~ REPORT r,. A. The petitioner intends to begin development of the project as early as possible upon approval of the petition by the Board of County Commissioners and continue working until all of the site improvements along with the required buildings are completed in accordance with the conditions of the approved PUD Document. 'It is estimated that completion will be nine (9) years from date of County approval, i.e., the year 2001, assuming that County approval is in 1992. B. Monitorin~ Report: An annual monitoring report shall be submitted pursuant to Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 7.S MAINTENANCE OF COMMON ~RE~S A. The maintenance of all private streets, recreation areas, common open spaces and any other common areas shall be the responsibility of the developer, his successor or assignee. TRJ~;SPORTATION .. A. The developer shall provide fair share contributions with the minimum share being 30% toward any traffic signals deemed warranted by the County at any of the project's accesses and at the intersections of SR 29 and Roberts Avenue, SR 29 and 11th Street extension, and  . Roberts Avenue and 11th Street. The fair share value !~. will be based on all design, permitting and construction ,~: ~ COSTS · B. The following minimum requirements concerning roadway access shall be provided to and from the project as well as within and between tracts: 1. Right turns in, via right turn lanes, and left turns in, via left turn lanes allowed by the Florida Department of Transportation (FDOT) under the 2-3 laming condition shall be provided for all access points on S.R. 29 to tracts B, C, and D of ,' the project. At such time as the four laming of ~,~ S.R. 29 occurs, either the FDOT or Collier County ~' shall have the right of median control which :ir includes prohibition of certain turning movements ::' in consideration of roadway capacity. The FDOT and -27- ~. Collier County reserve the right of access control consistent with existing and future FDOT and ?,' Collier County policies effective at the time of ~ the issuance of building permits. 2. Access between Tract D and Roberts Avenue shall be as follows: 5 a. An eastbound right turn lane shall be.provided' " at the western most intersection of Tract D and Roberts Avenue. The requirements for a westbound left turn shall be subject to the applicable State and/ or County requirements in place at the time of Preliminary Subdivision Plat approval. ' b. A westbound left turn lane shall be provided at the eastern most intersection of Tract D · ~ and Roberts Avenue. An eastbound right turn lane may be required in consideration of i'~ volume and regulatory controls in-place at the time of Preliminary Subdivision Plat approval. 3. Access between Tract A and Roberts Avenue shall include an eastbound right turn lane and a westbound left turn lane should expected volume exceed 250 vehicles per day. 4. Access between the North 11th Street extension and Tracts A, B, and C shall be controlled as follows= a. A northbound right turn lane shall be provided at the access to Tract B immediately north of S.R. 29. b. 'A northbound left turn lane shall be provided at the access to Tract C immediately north of 29. '~' c. Additional turn lanes and/or directional controls may be required by Collier County upon site specific analysis of traffic data. Additionally, the accees points for Tract C and Tract B shall be located a minimum of 150 ~ feet north of the S.R. 29 right-of-way line. :'- Also, minimum throat lengths of between 100 feet and 150 feet shall be provided within Tracts B, C, and D as set forth by AASHTO Standards and County Policy. -28- C. The developer shall provide a fair share contribution for sidewalk/bike paths along all project frontages (unless provided by Collier County or the FDOT)~ the !.i minimum fair share contribution shall be 75% except along Roberts Avenue where the minimum shall be 50%. D. Road Impact fees shall be as set forth in Ordinance 85-55, as emended, and shall be paid at the time building permits are issued unless otherwise approved by / the Board of County Commissioners. ~' E. 'Access Improvements and right-of-way donations shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. F. All traffic control devices used shall conform with the ~ as required by Chapter 316.0747, Florida Statutes. 7.7 ? A. Prior to construction plans approval a Florida Department of Transportation right-of-way permit allowing etormwater discharge in the SR 29 right-of-way shall be provided. B. Bottom of dry retention areas shall be at least one foot (1') above the seasonal high water table. C. At the time of construction plans review, petitioner ,~ shall provide an analysis of the capacity of the off-site swales within the rights-of-way and if improvements are warranted, petitioner shall make such improvements accordingly. A. Connection to the existing Immokalee Water and Sewer District water and sewer facilities within Roberts Avenue and West Main Street rights-of-way is required and must be completely iljustrated on the final site plans. Supporting engineering construction drawings shall be provided showing location, configuration and size. B. Prior to final eite plan approval, a letter from the ~"~" Immokalee Water and Sewer District stating that the District has reviewed and approved the water and sawer facilities construction documents for service to the project shall be submitted. ~':" C. At the time of building permit submission, the applicant · shall provide a letter verifying compliance with County. Ordinance No. 80-112 regarding the availability and adequacy of sewer service for the project. D. This project shall be designed for central water and sewer systems. No individual septic tanks or potable : water supply wells shall be permitted. ~]~ A. The Developer, successors, and assigns are required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any ~,~:' subsequent development order relating to this site. This includes, but is not limited to, Preliminary Subdivision Plats, Site Development Plans and any other application that will result in the issuance of a final ~ development order or final local development order. ~:" B. Prior to building permit issuance, a Florida Department of Transportation right-of-way permit shall be submitted. C. All requirements of the Collier County Subdivision Code must be met since no exceptions were requested. D. The project shall be platted An accordance with the Collier County Subdivision Code to define the tracts and right-of-way as shown on the master plan. E. Construction plans for that portion of North 11th Street between Roberts Avenue and SR 29 shall be submitted at · the time of Phase I submission to the Collier County Transportation Department for review and approval. A. Petitioner shall be subject to the environmental ordinances, and the Land Development Code, in effect at the time of final site development plan or construction plans approval. !".7oll ~CCSSBOR~ B~ltUCTUR~S A. Accessory structure~ shall be constructed simultaneously with or following the constz~action of the principal structure except for a construction site office and model units. 7o12.SIGNB A. All signs shall be tn accordance with Division 2.5 of the Collier County Land Development Code. 7.k3 LANDSCAPING FOR OFF-STREET PARKING.AREaS A. All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code. A. Polling places shall be provided in accordance with Section 2.6.30 of the Collier County Land Development ~:' Code, . 7.15 SPeCIaL CONDITIONS A. Upon approval of this petition by the Board of County · Commissioners, the petitioner agrees to convey title of i~~ Tract "E" (4.1 acre historic site (land and buildings}) to Collier County, Florida, at no cost to the County, immediately following the approval of this petition by the Board of County Commissioners. This action shall be ~ part of the plat dedication. B. Upon approval of this petition by the Board of County Commissioners, the petitioner agrees to convey title of the right-of-way for the extension of N. llth Street southward from its present terminus at Roberts Avenue $~ through the project as shown on the "Master Plan", a copy of which is included as a part of this petition submittal, at no cost to the County, immediately following the approval of this petition by the Board of County Commissioners. This action shall be part of the ~ plat dedication. C. Within one year of the date of the County's acceptance of the conveyance of the title for =he right-of-way for the extension of N. 11th Street southward from its ,,' present terminus at Roberts Avenue through the project as shown on the "Master Plan", a copy of which is :~ included as a part of this petition submittal, Collier -31- : County, Florida agrees to Include the design, permitting, and construction of said extension of llth Street in its next capital budget cycle (within the five (5) year Capital Improvement Element (CIE)). Such lnculusion in the CIE of the budget shall obligate the County to pay for and construct said extension of N. 11th Street southward from its present terminus at · Roberts Avenue through the project as shown on the "Master Plan", a copy of which is included as a part of this petition submittal. All utility lines to be placed in the road right-of-way and appurtenances to benefit the development shall be at the expense of others. The petitioner agrees to pay one-half (1/2) of the cost of any signalization required to maintain the safe movement of traffic on and off of the N. 11th Street extension within the project boundaries. ,'~ ~: In the event the petitioner desires to design, permit, ~'~ and/or construct the said improvements in advance of the County schedule .as laid out in the CIE, the County agrees to reimburse the petitioner in accordance with the Countyes scheduled plan. ~ii~!. D. The petitioner agrees to donate to the C~unty, at no ~': cost to the County, any of the existing Roberts ~,~. Homestead structures located outside of Tract "E", which the County wishes to move to Tract "E" and preserve as a i part of the historic site; and, further agrees to i. provide access on the Roberts property to the County for i: the purpose of moving said structures to Tract "E", '":' The petitioner further agrees to assist in the moving of said structures (including providing labor and equipment), however, the County shall be solely and totally responsible for all costs resulting from any necessary site improvements or the restoration of said i]~i structures. E. The petitioner shall provide a Certificate of Adequate Public Facilities at the time of application for any Final Development Order. ~':. F. The petitioner shall provide sidewalks along the : p~oJect's frontages in accordance with the standards !,. listed in the Collier County Subdivision Code. 7.16 OPEN SPACE A. Open space shall be provided in accordance with Section ;~' 2.6.32 of the Collier County Land Development Cods. ~' ROBERTS ESTATE PUD/md -32- C-4 Z~ I X________-____-____'~______-__ ......... --'--~ .... ~""~- ~ - ' ACRES TRACT A \ TRACT O SINGLE FAMILY COMMERCIAL RESIDENTIAL ~fl ACRES 5.9 ACRES ~ RO~WAY ~ACT ~ C~ I~ ~ACT MUL~-FAMILY ~ 9.8 A~ES RE~EN~ 9.0 A~ES STATE OF FLORIDA ) OF COLLIER ) .l, JAMES C. GILES, Clerk of Courts in and for the 'Twentieth Judtcta! Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of~ Ordinance No. 92-? which was adopted by the Board of County Commissioners on the 21st day of January, 1992 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of January, 1992. JAMES C. GILES Clerk of Courts and Ex-officio to Board of County Commissioners ~ .~. Deputy Clerk ~. '