Ordinance 92-010 ORDINANCE 92-~
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE W~ICH INCLUDES THE ~ ~ f--
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA AND AMENDING THE OFFICIAL ZONING
ATLAS MAP(S) NUMBERED 963536 AND 060102;
BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
"PUD" TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS TOLLGATE COMMERCIAL CENTER FOR
MIXED BUSINESS AND LIGHT INDUSTRIAL USES
ON PROPERTY LOCATED AT THE SOD"~HEAST
CORNER OF 1-75 AND C.R. 951~ BOUNDED ON
THE SOUTH BY C.R. 84, IN SECTION 35,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND
SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 100.23+ ACRES; PROVIDING FOR T~E
REPEAL OF ORDINANCE NUMBER 84-6, AS
AMENDED, THE FORMER TOLLGATE COMMERCIAL
CENTER PUD; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, William R. Vines of Vines & Associates, Inc.,
representing Ashley M. Papineau, Partner, of Tollgate
Commercial Center, petitioned the Board of County
Commissioners to change the zoning classification of the
herein described real property;
NOW THEREFORE BE IT' ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
The Zoning Classification of the herein described real
property located in Section 35, Township 49 South, Range 26
East, and Section 2, Township 50 South, Range 26 East,
Collier County, Florida, is changed from "PUD" to "PUD"
Planned Unit Development in accordance with the PUD Document,
attached hereto as Exhibit "A" which is incorporated herein
'' and by reference made part hereof. The Official Zoning Atlas
~:.
Map(s) Numbered 963536 and 060102, as described in ordinance
· Number 91-102, the Collier County Land Development Code, are
~:"~ hereby amended accordingly. '.
' Ordinance Number 84-6, as amended, known as the Tollgate
2' Commercial Center PUD, adopted on January 14, 1984 by the
'~i~ Board of County Commissioners of Collier County is
hereby
repealed in' its entirety. Said Ordinance is attached hereto
as Exhibit "B".
Thie Ordinance shall become effective upon receipt of
,' notice from the Secretary of State that this Ordinance has
: been filed with the Secretary of State.
~:~i-; PASSED AND DULY ADOPTED by the Board of County
~:,. Commissioners of Collier County, Florida, this //)t~ day of
COLLI~ CO'O~TY. FITY, F~RIDA
~ to fo~ and
'legal sufficiency
MarJo~ie. M. Stdden~
orris%
P~-83-~8 ( 3 ) · O~IN~CE
'. ,oo, 03'
-2-
PLI%NNED UNIT DEVELOPMENT
· : TOLLGATE COMIiERCIAL CENTER
PREPARED BY~
WILLIAM R. VINES, AICP
VINES, & ASSOCIATES, INC.
715 TENTH STREET SOUTH
NAPLES, FLORIDA 33940
(813) 262-4164
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC__~
ORDINANCE
AMENDMENTS AND REPEAL
PA~E
LIST OF EXHIBITS AND TABLE
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1-1
SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2-1
SECTION III COMMERCIAL AREAS PLAN FOR PARCEL "A" 3-1
SECTION IV COMMERCIAL/LIGHT INDUSTRIAL AREAS FOR 4-1
PARCEL "B"
SECTION V GENERAL DEVELOPMENT COMMITHNTS 5-1
LIST OF EXHIBITS ~ T]~BLES
EXHIBIT A PUD Master Plan 6-1
TABLE I Schedule of Development 2-2
? ?
-ii-
STATEMENT OF COHPLI:%NCE
The development of approximately 100.23 acres of property in
Collier County and within an Interchange Activity Center, as a
Planned Unit Development to be known as Tollgate Commercial
Center, will be in compliance with the planning goals and
objectives of Collier County as set forth in the Growth Management
Plan and it's provisions for Interchange Activity Center
development. This compliance includes:
Activity Center Project
1. The subject property is located in an area identified as an
Interchange Activity Center in the Future Land Use Element
(FLUE) of the Growth Management Plan for Collier County.
2. Interstate Activity Centers are the preferred locations for
the concentration of commercial and mixed use development
activities.
3. The subject tract is located on the northeast corner of the'
intersection of CR-951 and CR-84. This strategic location
allows the site superior access for the placement of
commercial/industrial activities.
4. The project is in compliance with all applicable County
regulations. In addition, the project complies with the
Growth Management Plan with the adoption of the Plan
amendment which allows for specifically approved heavy
business/light industrial uses to be developed in designated
interstate acti%ity centers.
5. The project will be served by a complete range of services
and utilities as approved by the County.
6. 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
herein.
7. The Planned Unit Development includes open spaces and
naturalized open features which serve as project amenities.
8. The project shall be developed in accordance with the
approved Master Development Plan and the existing PUD
document as approved. In addition, the project shall be
developed in accordance with all Collier County regulations
in effect at the time of Final SDP or building permit
application.
9. Bind the owner's successor in title to any commitments made
under in this document.
SZ~ZO~ Z
PROPERTY OWNERSHIP ]%/~D DESCRIPTION
1.1 PURPOSE
The purpose of this Section'is to set forth the location and
ownership of the property, and to describe the existing
conditions of the property proposed to be developed under the
project name of Tollgate C0mmercial Center.
1.Z L~OAL DESCRIPTION
Commencing at the southeast corner of Section .35, Township 49
South, Range 26 East, collier County, Florida;
thence along the east line of said Section 35 North
1.-56~-55'' West 200.14 feet to a point on the north
right-of-way line of State Road 84 (Alligator Alley); thence
along said north right-of-way line, North 89'-45'-01" West
331.23 feet to a point of intersection of said north
right-of-way line of State Road 93 (I-75), and the Point of
Beginning of the parcel herein described;
thence continue along said right-of-way l~ne of State Road 84
(Alligator Alley) on the following five courses:
1) North 89'-45t-01" West 2398.66 feet;
2) South 89'-56t-16" West 1547.43 feet;
3) North 80'-43t-58" West 709.38 feet;
4) North 39'-52'-42" West 209.91 feet;
5) North 10'-24'-33" West 209.94 feet to a point on the
East Limited Access, right-of-way line of State Road 93
thence continue along said Limited Access, right-of-way line
of State 93 (I-75) on. the following nine courses:
1) North 3"-19'-52" East 285.34 feet;
2) North 23"-37'-28" East 149.83 feet;
3) North 64"-12'-39" East 149.83 feet;
4) North 86'-37'-01" East 778.54 feet;
5) South 87'-55'-12" East 318.82 feet;
6} South 78'-44'-38" East 318.32 feet;
7) South 74~-09'-17" East 1199.30 feet;
8) South 73~-00~-33" East 1904.96 feet;
9) southeasterly 233.67 feet along the arc of a circular
curve concave to the northeast, having a radius of
116.2116 feet, subtended by a chord which bears South
75"-35~-07" East 233.67 feet to. the north right-of-way
line of State Road 84 (Alligator Alley); and the Point
of Beginning of the parcel herein described;
1-1
~" being a part of south 1/2, Section 35, Township 49 South,
Range 26 East, Collier County, Florida;
{!: subject to easements and restrictions of record;
~i!/ containing 69.40 acres of land more or less;
:~i bearings are based on Florida Department of Transportation
~.~ right-of-way map for State Road 93 {I-75).
ALSO INCLUDING THE FOLLOWING
~i Description of part of Section 35, Township 49 South, Range
~ 26 East, and part of Section 2, Township 50 South, Range 26
~?' East, Collier County, Florida
~' COMMENCE at an iron pipe marking the Northeast Corner of said
r Section 2; thence North 89' 45t 01" West, 337.83 feet along
:,( the North line of said Section 2 for a POINT OF BEGINNING;
thence South 00' 02' 19" East, 59.98 feet; thence South 89'
57' 41" West, 2,300.70 feet; thence on a course traversing
from said Section 35, South 89' 56' 02" West, 2,448.74 feet;
thence North 45' 46' 16" West, 71.58 feet; thence North 01'
28' 34" West, 705.25 feet to the Easterly Limited Access R/W
Line of S.R. 951 (Section 03175-2409}; thence South 10' 24'
33" East, 209.94 feet; thence South 39· 52t 42w East, 209.91
feet; thence South 80' 43~ 58" East, 709.38 feet; thence
North 89' 56' 16" East, 1,547.43 feet; thence South 89' 45'
01" East, 2,396.67 feet to the Southerly Existing Limited
Access R/W Line of S.R. 93 (03175-2409); thence South 00· 02'
19" East, 200.00 feet to the POINT OF BEGINNING. ..
Less and except'the East 100.00 feet thereof.
~' Cdntaining 30.835 acres, more or less.
The entire project area is 100.235 acres.
Numbe~ of acres devoted to various categories of land use:
Development area 70.72
Water Management area 17.84
Road Right-of-Way 6.7
F.P.L. Easement 4.98
GENERAL LOCATION OF PROJECT SITE
Tollgate Commercial Center ~s located in the southeast
quadrant of the Interstate 1-75/CR-951 interchange,
.. approximately five miles east of the Naples Airport at the
~) eastern terminus of Davis Boulevard (SR 84).
1-2
The subject property is currently owned by and under the
unified control of Tollgate Co~mercial Center, a Florida
General Partnership.
A. ~ The project site is
designated Interstate Activity Center.on the Collier
County Growth Management Plan.
B. ~ The project site is currently zoned
PUD.
C. ~ At the present time the site is
unoccupied except for a 104 room motel.
D. ~ The adjacent lands are predominately
vacant at the present time. The northwest and southwest
corners of CR 951 and SR 84 are presently used as
gasoline service stations.
The properties north of the Z-75 right-of-way and the
properties south of CR 84 are vacant.
The elevation of the project site varies from 9.8 feet to
11.6 feet. Tollgate' Commercial Center lies within Zone X as
identified on the Federal Flood Insurance Rate Map. Zone X
is identified as those areas between limits of the 100-year
flood and 500-year flood. This means that no development
will be occurring within the 100-year flood prone area.
project site. They are Arzell fine sands, Keri fine
sands and Pompano fine sands. The distribution of these
soil types is shown in Map 'E.
B. ~ A breakdown of the vegetative cover
of the project area is as follows:
1-3
VEGETATION COMMUNITY ACREAGE
Plneland 1.00
Saw Palmetto/Rusty Lyonia 4.21
Transitional Zone/Cypress 29.40
Functional Wetland 9.40
Cabbage Palm Heads 0.30
~!~, Improved/Platted 30.67
~i'i' Cleared/Filled Unpiatted zormer .;w :l.~
.~.?~.~ F.P.L. R/W _ 3.60
Total 100.24
There are no unique features of the vegetation. All
species and associations are #typical" for soil types
common to pine flatwoods of 1ers1 sandy areas of Collier
County.
C. ~ Wildlife, observed or noted from tracks,
~'" nests, etc. consisted of the representative species,
such as raccoon, snakes and wading birds, which normally
:.~ occur in an habitat such as the Tollgate Commercial
,'~? Center site.
No endangered or threatened species were observed on the
site.
D. HISTORICAL OR ARCHAEOLOGICAL SITES~ John Beriault,
,"'' Field Representative of the S.W. Florida Archaeological
":' Society, searched for such sites and believes none exist
~. on the tract.
E. WASTEWATER MANAGEMENT: Waste water treatment is being
~i~ provided by the Collier County Sewage Treatment System.
~- Temporary on-site wastewater treatment faoilities for
?? which all necessary permits have been granted may be
..... installed during any period of time in which sewage
treatment service is not available
from
Collier
County.
'!! F. WATER MANAGEMENT: The Water Management Plan provides
~I~. for site runoff transport to a system of hardwood
~ ' forest, marsh, and open water ponds. The Water
: Management Plan is designed to meet SFWMD and County
~ criteria.
Minimum road elevations and discharge control will be
designed for the 25-year 3-day rainfall event. The
finished floor elevations will be established by the ~00
year-zero discharge design event.
1-4
i G. ~ Potable water is being supplied by the
'." Collier County Water-Sewer District.
i~' Non-potable water utilized for landscape irrigation and
.... other non-human consumptive uses will be procured from
on-site wells, or from the County treated sewage
effluent distribut~on system.
H. SOLID WASTE~ Solid ~aste is being disposed of at the
~ Collier County Sanitary Landfill. Collection is
" provided by Waste Management of Collier County, a
.. franchised hauler.
'-~ I. ELECTRICITY~ Electricity is being provided by the
~' Florida Power & Light Company, Inc.
· J. POLICE PROTECTION[ Police protection is provided by the
'.'~ Collier County Sheriff Department.
iii· K. FIRE PROTECTION: Fire protection is provided by the
Golden Gate Fire Control and Rescue District.
L. ~ Telephone service is provided by United
i Telephone of Florida.
1-5
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
The purpose of this Section is to delineate and generally
describe the project plan cf development, relationships to
applicable County ordinances; the respective land uses of the
tracts included in the project, as well as other project
relationships.
2ol ~ENER~
A. Regulations, requirements and references for development
of Tollgate Commercial Center shall be in accordance
with the contents of this document. Where these
regulations fail to provide development standards, then
the provisions of the most similar district in the
Collier County Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms
shall be the same as the definitions set forth in
Collier County Land Development Code.
C. All conditions imposed and all graphic material
presented depicting restrictions for the development of
Tollgate Commercial Center shall become part of the
regulations which govern the manner in which the PUD
site may be developed.
D. Unless specifically waived through variance or waiver
provisions within this PUD, those applicable requlations
not otherwise provided for in this PUD remain in full
force and effect.
E. Each tract, as identified on the Master Plan, shall
require the submittal, review and subsequent approval of
a site Development Plan prior to the issuance of a Final
Local Development Order.
2.3. C 0 0
A. The project Master Plan is iljustrated graphically by
Exhibit "A", PUD Master Development Plan.
2-1
BCREDUL~ O? DEF~LOPHENT
Project development is underway and will continue to build-
out.
The following schedule indicates the anticipated start and
completion dates for the various project development Phases.
Phase boundaries are indicated on the Master Development
Plan.
TABL~ Z
% OF
]~HASE ACREAGE SITE START COMPLETE
I 54.51 54.4 1988 1993
II 26.44 26.4 1992 1995
III 19.29 19.2 1993 1996
TOTALS 100 · 24 100 · 0
A. Table I is & schedule of Development, ~ith the
approximate acreage of the total project indicated. The
arrangement of these land areas are shown on the PUD
Master Development Plan (Exhibit "A"). The* Master
Development Plan is an iljustrative preliminary
development plan. Design criteria and layout is
iljustrative on the Master Development Plan and other
exhibits supporting this project. It shall be
understood that these exhibits are to remain flexible
so the final design may satisfy development objectives
~nd be consistent with the project development, as set
forth in this document.
Minor changes to the master plan shall be subject to the
provisions of Section 2.7.3.5, Division 2.7, Article 2
of the Collier County Land Development Code. The final
size of the open space lands will depend on the actual
requirements for dr~ve patterns, parking layout and
requirements, and development parcel size and
B. In addition to the various areas and specific items
shown in Exhibit "A", such utility and other easements
as are necessary shall he established within or along
the various tracts.'
2.4. RELATED PROJECT PLaN APPROVAL REOUIREMENTB
A. Prior to the recording of a Record Plat, for all or part
of the PUD, final plans of all required improvements
shall receive approval of the appropriate Collier County
governmental agency to insure compliance with the PUD
Master Plan, and the Collier County Land Development
Code.
B. Exhibit "A", PUD Master Development Plan, constitutes
the required PUD Development Plan. Subsequent to or
concurrent with PUD approval, a Preliminary Subdivision
Plat, if applicable, shall be submitted for any area to
be subdivided. Any division of property and the
development of the land shall be in compliance with the
Collier County Land Development Code and the platting
laws of the State of Florida.
C. The development of any tract or parcel contemplating fee
simple ownership of land shall be required to submit and
receive approval of a Preliminary Subdivision Plat in
conformance with requirements of Division 3.2, Article
3, of the Collier County Land Development Code, prior to
the submittal of construction' plans and plat for any
portion of the tract or parcel.
D. Appropriate instruments will be provided at the time of
infrastructural .improvements regarding any dedications
and method for providing perpetual maintenance of common
facilities.
E. The developer or subsequent owner of any platted parcel
or platted tract shall, prior to application for a
building permit, submit a Site Development Plan (SDP) or
Preliminary Subdivision Plat for that tract or parcel to
the Development Services Department for approval for
applicable development subject to the provisions of
Division ~.~, Article 3 of the Collier County Land
Development Code.
2.5 ;tMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Section
2.7.3.5.1, Division 2.7, Article 2 of the Collier County Land
Development Code.
2.6 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL
As provided for within Section 2.7.3.4, Division 2.7, Article
2 of the Collier County Land Development Code.
2.7 POLLIN~ PLACES
As provided for in Section 3.2.8.3.14, Division 3.2, Article
3 of the Collier County Land Development Code.
2.8 PUD MONITORIN~
An annual monitoring report shall be submitted pursuant to
Section 2.7.3.6, Division 2.7, Article 2 of the Collier
County Land Development Code.
SECTION III
3.1 PURPOSE
The purpose of this Section is to identify the type of
Commercial Uses and development standards that will be
applied to the areas so designated on Exhibit "A", as "A"
Parcels.
3.2 DEVELOPMENT INTENT FOR P~CEL
It is the intent of this document that "A" designated
development parcels be used for commercial purposes which
serve the motoring public using Interstate 1-75 as well as
providing limited commercial goods and services of an
areawide nature for the Naples, Marco Island, Golden Gate and
the Immokalee urban areas.
Further it is the intent of this document that #A# designated
development parcels shall be used in accordance with all
current Federal, State and County regulations in effect at
the time final local development orders are issued except as
specified otherwise in this document by the Collier'County
Board of County'Commissioners.
3.3 ~SES 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. Principal Uses
No building or structure, or part thereof, shall be
erected, altered or used or land or water used, in whole
or in part for other than the following:
(a) Automobile service stations including engine tune-
ups and minor repairs, and car wash facilities
which are accessory uses.
(b) Banks and financial institutions, business and
professional offices.
(¢) Cocktail lounges and commercial entertainment.
(d) Convention and exhibition halls.
(e) Department stores; drug stores; dry cleaning shops
and dry goods stores,
(f) Electronio games and furniture sales.
(g) Ice cream shops and dairy drive-in stores.
(h) Motels; hotels, and other transient lodging
facilities.
(i) Research and design labs; restaurants and fast food
restaurants.
(J} Shopping centers.
(k) Souvenir stores and stationery stores.
(1) Supermarkets.
(m) Variety stores; vehicle rental-automobile and
U-haul ty~e of vehicles and equipment including
outside display; veterinary offices and clinics; no
outside kenneling.
(n) Any other commercial or professional service which
is comparable in nature with the foregoing uses and
which the Planning Impementation Director
determines to be compatible in the district.
B. Permitted Accessory Uses and Structures
(a) Any accessory uses or structures customarily
associated with the pe~nitted principal uses and
structures.
(b) Caretakers residence.
C. Permitted Provisional Uses and Structures
(a) Car wash facilities which are principal uses.
(b) Permitted uses with less than one thousand (1,000)
square feet gross floor area ~n the principal
structure.
Dew~loDment g~an~ar~s
(1) Minimum Lot Areal Te~ thousand (10,000) square feet.
(2) Minimum Lot Wldth: One hundred (100} feet as measured
at the front building setback line.
3-2
Minimum Yard Requirements~
';~' (a) Front Yard - Twenty-five (25) feet plus one (1)
foot for each two (2) feet of building height over
~ fifty (50) feet.
~!., (b) Side yard - None or a minimum of five (5) feet with
· unobstructed passage from front to rear yard for
,~i~. non-residential uses. Fifteen (15) feet for
motels, hotels and transient lodging facilities
[~. plus one (1) foot for each tWO (2} feet of building
>" height over fifty (50) feet.
~'~ (c) Rear Yard - Twenty-five (25) feet.
'~ (d) Waterfront - Twenty-five (25) feet from the normal
water line of any artificially created body of
~.. · water, excluding observation decks, bridges and
walkways.
(4) Maximum Height: One hundred (100) feet.
(5) Minimum Floor Area of Principal Structure~ One thousand
(1,000) square feet per building on ~he ground floor,
~, except that gasoline service stations and other
?. permitted areas for which the principal activity does
~,.. not occur in a structure shall not require a minimum
floor area.
(6) Maximum Density: Twenty-six (26) units per gross acre
of land for hotels, motels or transient lodging
facilities.
(7) Distance Between Principal Structures on same site:
one-half the sum of the heights.
(8) Signs: As required by Division 2.5 of the Land
Development Code.
(9) Minimum Off-Street Parking and Off-Street Loading
Requirements: As. required by Division 2.3 of the
Collier County Land Development Code.
(10) Minimum Landscaping Requirements: As required by the
Collier County Land Development Code.
(11) Outside Merchandise Storage and Displaying: Unless
'specifically authorized by this PUD document or by an
approved Site Development Plan, outside storage or
display of merchandise is prohibited.
COMMERCIAL/L~GHT ZNDUBTRIAL USES
4.1 PURPOSE
The purpose of this SeCtion is to identify the type of
Commercial/Industrial Uses and development standards that
will be applied to the areas designated on Exhibit "A" as
"B" Parcels.
4.2 D~FELOPMENT INTENT FOR P~RCEL
,,~ It IS the intent of this document that "B# designated
· development parcels by used for both "A" designated uses and
· ,: for the sale, service, transportation, storage and
~' distribution of goods and service to the traveling public on
1-75 and to the citizens of the area which can be served via
: the access road systems.
?...' A Major function of these parcels ts to serve as a focal
point for the arrival of goods from other points of the
,', region and country and then be processed for distribution to
the local trade market.
It is intended that inside storage and warehousing along with
limited assembly and manufacturing wholly within a building
and not obnoxious by reason of emission of odor, fumes, dust,
smoke, noise or vibration be permitted.
Further, it is the intent of this document that #B"
designated Parcels be used tn accordance with all of the
current Federal, State and County regulations tn effect at
the time final local development orders are Issued except as
specified otherwise tn this document or as may be approved
otherwise by the Collier County Board of Commissioners.
4.3 U~S PER]~ITTED
No building or structure, or part thereof, shall be erected,
altered or used, or land or water used, in whole or tn part
of other than the following:
· A. principal Uses:
(a) Any principal use or structure permitted on #A"
designated development parcels.
. (b) Assembly operations in'an enclosed building.
if, 4-1
(c) Building supplies and contractors storage
facilities; bulk storage yards not including Junk
or salvage yards.
(d) car wash, communications service and equipment
repair.
(e) Freight movers and storage.
(f) Laboratories, research, design and testing;
laundries; lawn maintenance shops and plant
nurseries; light manufacturing or processing
(include food processing but not abatoir; packaging
or fabricating in a completely enclosed building).
(g) Miscellaneous uses such as express office;
telephone exchange; motor or bus or truck or other
transportation terminal 'and related uses;
motorcycle sales, service and repair; museums and.
tourist attractions.
(h) New and used car sales, service and repair
including outside display.
(i) Offices, general purpose.
(J) Warehousing, wholesaling, storage and distributing
establishments and similar uses.
(k) Any other commercial or professional use which is
comparable in nature with the foregoing uses and
which the Planning Implementation Director
determines to be compatible in the district.
Permitted Accessory Uses and Structures=
(1) Any accessory use or structure customarily
associated with the permitted uses and structures
Permitted Provisional Uses and Structures:
(1) Attached residence in conjunction with a business -
one (1) per business.
(2) Permitted use with less than 1,000 square feet
gross floor areas in the principal building.
4-2
4.4 DEVELOPMENT ST3~ND~RDS
(1) Minimum Lot Area: Ten thousand (10,000) square feet.
(2} Minimum Lot Width: One hundred (i00) feet as measured
at the front building setback line.
(3) Minimum Yard Requirements:
(a) Front Yard - Twenty-five (:S) feet.
(b) Side Yard - Non, or a minimum of five (5) feet with
unobstructed passage from front to rear yard for
non-residential uses. Fifteen (15) feet for
hotels, motels and transient lodging facilities
plus one (1) foot for each two (2) feet of building
height over fifty (50) feet. Attached residences
shall be treated as non-residential.
(c) Rear Yard - Twenty-five (25) feet.
(d) Waterfront - Twenty-five (25) feet from the normal
level of any artificially created body of water,
excluding observation decks, bridges and walkways.
(4) Maximum Height: One hundred (100) feet.
(5) Minimum Floor Area of Principal Structure~ One thousand
(1,000) square feet per building on ground floor, except
that gasoline service stations and other permitted uses
for which the principal activity does not occur in a
structure shall not require a minimum floor area.
(6) Maximum Density: Twenty-six (26) units per gross acre
of land for hotel, motel and transient lodging
facilities.
(7) Distance Between Structures: One-half the sum of the
heights.
(8) Signs: As required by Division 2.5 of the Collier
County Land Development Code.
(9) Minimum Off-Street Parking and Off-Street Loading
Requirements: As required by Division 2.3 of the
Collier County Land Development Code.
4-3
· (10) Minimum Landscaping Requirements~ As required by the
Collier County Land Development Code.
(11) Merchandise Storage and Dlsplay~ Unless specifically
authorized by this PUD document or am approved Site
Development Plan, or of a nature which is permitted
generally, outside storage or diplay of merchandise is
4-4
BECTZON V
GENERAL DEVELOPHENT COMMZTHENTB
~URPOSE
The purpose of this Section is to set forth the standards for
the development of the project.
PUD ~ASTER PLaN
A. The PUD Master Plan is an iljustrative preliminary
development plan.
B. The design criteria and layout ~11ustrated In the Master
Development Plan shall be interpreted as preliminary and
understood to be flexible so that the final design may'
best satisfy the project and comply with all applicable
requirements. Minor design changes shall be permitted
subject to Staff approval.
C. All necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance of all service utilities.
D. Overall site design shall be harmonious in terms of
landscaping, enclosure of structure, locations of all
improved facilities, and location and treatment cf
buffer areas.
A. The developer and all subsequent petitioners are hereby
placed on notice that they shall be required to satisfy.
the requirements of all County ordinances or codes in
efffect prior to or concurrent with any subsequent
development order relating to this site. This includes,
but is not limited to, Prelim~nary Subdivision Plats,
Site Development Plans and any other application that
will result in the issuance of a final or final local
development order.
%.. B. The project shall be platted in accordance with the
.. Collier County Subd~vieion Code to define the
right-of-way, tracts, and water . management areas as
!~ shown on the master plan.
C. Landscaping shall not be placed within the water
management areas unless specifically approved by project
Review Services.
D. Provide a 20 ft. landscape buffer along the entire
western and southern property line. This buffer will be
in a separate platted tract (not within a right-of-way)
"""' for all buffer required between on-site right-of-way and
"~ off-site County right-of-way. Buffers may be included
within the platted lots that directly backup to an
off-site County right-of-way, provided the buffer is not
located within any utility or drainage easement. When
the buffer exists on a platted lot, it shall not be
included in the rear- yard setback measurement for such
, lot(s). All landscape buffers required by Division 3.2
· of the Land Development Code must be designed, bonded,
permitted and constructed as part of the subdivision
' improvements for the project.
E. Should the South Florida Water Management District,
during it's permit review process, require a natural
vegetative buffer be created between the lots and any
-i~ Jurisdictional wetland Preserve and/or Conservation
'~' tract, the buffer shall not be located within the
boundaries of the lot(s) unless otherwise waived by the
South Florida Water Management District. It shall be
created as a separate platted tract or as a 'buffer
easement over an expanded limit of the Preserve tracts,
which would be dedicated as Preserve/Drainage tracts, to
include the buffer within the Preserve tract. If the
buffer is located within a separate tract, that tract
shall be dedicated on the plat to the project's
.- homeowners association or like entity for ownership and
~. maintenance responsibilities and if necessary, to
Collier County with no responsibility for maintenance.
All Preserve buffer easements or buffer tracts shall be
created in conformance with the provisions of Chapter
704.06, Florida Statutes.
F. Land Development Code, Section 3.2.8.4.16.6 - Dead end
streets maximum length not to exceed 1,000 feet: Waived
~:' · to a maximum length of 1,0§0 feet.
~'. G. Land Development Regulations, Section 3.2.8.4.16 - All
local streets within commercial subdivision shall be
~" designed according to the typical section for collector
.i:I streets contained in the County Standards. Waived
subject to right-of-way and other dimension reg~irements
for the roads to meet local street standards and the
pavements structure to meet collector standards.
Land Development Code, Section 3.2.8.4.7 - Easements=
Utility easements will be provided as needed with
Collier County utility easements (C.U.E.) at a minimum
of fifteen (15) feet.
I. Land Development Code, Section, 3.2.8.3.17 - Sidewalks:
Not waived since existing phase already has sidewalks
and it will maintain the continuity for pedestrians
access purposes.
5.4 ~
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 County
in accordance with the County's established rates.
C. The on-site water distribution system to serve the
project must be connected to the existing water main on
Tollhouse Drive and/or CR-84 rights-of-way consistent
with the main sizing requirements specified in the
County's Water Master Plan and extended throughout the
project. During design of these 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
5-3
transmitted by one (1) main on-site pump station. Due
· to the design and configuration of the master pump
station, flow by gravity into the station will not be
possible. The Developer's Engineer shall meet with the
~? County staff prior .to commencing preparation of
.~, construction drawings, so that all aspects of the
~ s,werage system design can be coordinated with the
.. County*s sewer master, plan.
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 Countyts Water Master Plan to insure
' that the Districtte water system can hydraulically
~' provide a sufficient quantity of water 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 improved as required outside the
projects boundary to provide adequate capacity to
transport the additional wastewater generated without
adverse impact to the existing.transmission facilities.
$.s NATER KANAaEMENT AND ENaINEERIN~
A. Detailed paving, grading, site. drainage and utility
'~ plans shall be submitted to Project Review Services for
:,, review. No construction permits shall be issued ~nless
)': and until approval of the proposed construction in
' accordance with' the submitted plans is granted by
Project Review Services.
B. Work within Collier County right-of-way shall meet the
requirements of Collier County Right-of-WaY Ordinance
No. 82-91.
~ . C. An Excavation Permit will be required for the proposed
, lake(s) in accordance with Division 3.5 of the Collier
? County Land Development C6de. The standards related to
depths may be modified In accordance with DER and ACOE
permits.
D. Each building site will be required to provide a minimum
1/2 inch of dry pre-treatment on site, unless otherwise
' waived by South Florida Water Management District.
A. Ail Jurisdictional wetlands and mitigation areas on-site
'~ shall be designated as conservation/preserve tracts or
easements on all construction plans and shall be
~:. recorded on the plat with protective covenants similar
to or as per Chapter 704.06 of the Florida Statutes.
'~ B. In the case of mitigation off-site any purchase must be
i~' within the Conservation and Recreational Lands {CARL) or
i. the Corkscrew Regional Ecological Watershed Lands (CREW)
or other areas approved for mitigation by the Florida
Department of Environmental Regulation. The ultimate
transfer of deed(s) of land(s) to Florida Department of
Natural Resources, Division of State Lands must occur
.. ~ prior to final construction plan/plat approvals.
~.. C. Control structures on-site shall be constructed in
:'. accordance with State and Federal permits.
$.7 W~TER MANAGEMENT
A. Detailed paving, grading, and site drainage plans shall
;I':: be submitted to Project Review Services for review. No
construction permits shall be issued unless and until
~' approval of the proposed construction in accordance with
the submitted plans is granted by Project .Review
.,: Services.
B. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions of
the Collier County Subdivision Reg~latione.
C. An Excavation Permit will be required for the proposed
~ake(s) in accordance with Division 3.5 of the Collier
County Land Development Code. The standards related to
depths may be modified in accordance with DER and ACOE
permits.
D. A copy of SFWMD Permit or Early Work Permit is required
prior to construction plan approval.
E. Each building site will be required to provide a minimum
1/2 inch cf dry pre-treatment on site, unless otherwise
waived by South Florida Water Management DistrAct.
A. The final location of major access points along Davis
Boulevard shall be 'determined during the SMP process.
Such major access points shall provide primary access
and internal road circulation and shall typically
include turn lane ~mprovementa based on projected
traffic conditions. Secondary access points between
Davis Boulevard and individual parcels shall be
prohibited unless approved consistent with Ordinance
82-91 as may be amended and with the following access
control criteria:
1. safety
2. proper geometric design
3. effects on the capacity of Davis Boulevard
4. traffic volumes using the proposed access point
5. other roadways providing access to the site
6. the combined affect of access to. any and all
tracts both within this PUD and adjacent PUDts
7. spacing of access points
Collier County reserves the right to close any approved
secondary access to and from Davis Boulevard should it
at any time be found to create a traffic hazard or to
adversely affect the capacity or level of service of
that roadway.
B. The road impact fee shall be as set forth in Ordinance
85-55, as amended, and shall be paid at the time
building permits ara issued unless otherwise approved by
the Board of County Commiss~onars.
C. Access improvements shall not ba subject to impact fee
credits and shall be in place before any certificates of
occupancy are issued.
D. All traffic control devices used aha11 conform with the
Manual on Uniform Traffic Control Devices as required by
Chapter 316. 0747 Florida Statutes.
TOLLGATE PUD DOC ,U,MENT/md
5-6
.
I ~J D= ~"
~ [.: '~' :' O~I~CE 86- 6
'' ~ 0R~[~CE ~I~C 0~[~CE 82-2
PREHENS~VE ZOninG RE~TZONS FOR ~E ~I~COR-
": ~O~ED ~ OF COLLZE[ CO~ ~0RZDA
~ ~E~ING THE ZONING A~S ~P N~ ~9-26-7
~GING ~E ~ONING ~SS~FICATION OF ~E
DESCRIBED RE~' PROPER~ FROH A-2 TO "P~" P~ED
~IT DEVELO~M~ ~R 69.4 A~S TO
I~USTRI~ ~ RESID~TI~ TO~IST USES
SO~ST CO~ OF SE~ION 3~ T~S~P 49 S.~
~ ~GE 26 E~ ~ P~OVIDINC ~ E~I~
~IEEEAS, Neno J. ~Spagna, petLttoned the Board of County
Commissioners to change the Zonin~ Claaaificatfon of the hera~n
described, teal property$
~Og, THEREFO~ BE IT O~AI~ b7 the Board of County
SECT~0N 0~:
~e ZonLng C[ass$f~ca~on of the he=eLn desczLbed real
located ~n SectL°a 35. To~shLp 49 S. ~nSe 26 E, Col[fa= County.
change~ from A-2 to "?~" ?[anned UnLt DevelopBenC La acco=dance vLth
the ?~ document attached hezeto as ~hLbLt "A' ~hLch
Lnco~o=ated he=eLn and b7 refe=ence made part hereof.
ZonLn8 Atlas ~ap ~u~be=, Number 49-26-7, ~. desc=Lbed La O=dLnaace 82-2,
hereby a~ende~
(see attached)
SECTION T~O.___._.......__..._~'.
This Ordinance shall become effective upon receipt of not/ce
that is has been filed vith the Secretary o[ State.
DATE: January 17, 1984 ~OAaO OF
COLLIE~ COUFf'f, PL0~IDA
ATTEST:
glLLIAH REAGAN,
: '"' .] bl APPROVED AS TO FORH ARD LFCAL SUFFICIENC~
· ~ ~ . .. :.~ . ·
.~.. · ....... .,~
.~ v, ~-83-18~ PUD Or~iaance
.... )'-STA~ OF FLORIDA )
'~::[": CO~TY OF COLLIER ) ·
~J' I, ~ILLI~ J. ~AGAN, Clerk of Courts .~n and for the
'.-' ~en~ie~h Judicial Circuit, Collier County, Florida, do
~;' '.. · hereby terrify ~ha~ the fore~oin~ is a true and correc~
?., original of:
O~IN~CE NO. 84-6
which was adop=ed by ~he Board of County Co~issioners durin~
Regular Session ~he l~=h day o[ January, 198~.
WITNESS my hand and =he o~ficial seal of =he Board of
County Co~issioners of Collier Coun=y, Florida, .this'~ll=h
Clerk of Courts ~nd Clerk '
Ex officio C6~Board of
County Co~issioners
ordinance fflefl ~i~h =he Secretary off S=aCe's Offict the 23rd day of
'January, 198~ and acknowledgement of Chac~lint received ~his 26ch day of
PLANNED UNIT DEVELOPMENT
· :,, , TOLL GATE COMMERCIAL CENTER
:"" ': COLLIER COUNTY, FLORIDA
'' DR. NENO J. SPAGNA, PRESIDENT
· FLORIDA INSTITUTE OF URBAN AFFAIRS~ INC.
' ' . BOX 1354
}'; ..' NAPLES, FLORIDA 33939 '
(8i~) 26320399
JULY, 1983
REVISED: DECEMBER 1S, 1983
TABLE OF CONTENTS
PAGE
OF CONTENTS
OF MAPS
:~EZONE PETITION
LEGAL DESCRIPTION iii
L LOCATION OF PROJECT SITE -1-
·STATEMENT OF COMPLIANCE
PROJECT INFORMATION -2-
--2--
:~COMPREHENSIVE PLAN DESIGNATION -2-
~CURRENT ZONING
!~EXISTING LAND USE
~DJACENT LAND (;SE -3-
LAND ELEVATION -3-
SOILS -3-
:'~VEGETATIVE COVER -3-
i I{ISTORICA~ OR ARCHAEOLOGICAL SITES -4-
il ~ASTEWATER MANAGEMENT
WATER MANAGEMENT
WATER SUPPLY -4-
SOLID WASTE -5-
'-ECTR~CIT~r -~-
PROTECTION -5-
':FIRE PROTECTION -5-
!TELEPHONE ' -5-
-5-
'SCHEDULE OF DEVELOPMENT
i~ USE REGULATIONS FOR PARCEL MASTER PLAN APPROVAL
-]3-
APPROV;~ L STIPULATIONS
,~, 13 thru 16
,,i LIST OF MAPS
MAP REFERENCE & TITLE PAGE
MAP' A LOCATION MAP -1 ?-
MAP B AERIAL PHOTOGRAPH -18.
MAP C TOPOGRAPHIC MAP -1.9-
MAP D EXISTING LAND USE -Z0- '
~'~ MAP E SOILS MAP -21-
MAP F VEGETATION MAP '22-
~L., MAP G , WATER MANAGEMENT MAP . ,'23-
MAP M MASTER DEVELOPMENT PLAN -2~-
LEGAL DESCRIPTION
Commencing at the southeast co=ne= of Section 35, Township 49
South, Range 26 East, Collie= County,
thence along the east line of said Section 35,
North 1'-56'-55" West 200.1.4 feet to a point on the north
right-of-way line of State Road 84 (Alligator Alley);
thence along said north right-of-way line,
North 89'-45'-01" West 33'1.23 feet to a Roint of intersection
~... of said north right-of-way line and the south blmited Access,
right-of-way line of State Road 93 (I-75}, and the POINT OF
~i.T' BEGINNING of the parcel herein described;
[~ thence continue along said right-of-way line of State Road
· ~ 84 (Alligator Alley) on the following five courses:
1) North 89'-45'-01# West 2398.66 feet;
2) South 89°-56'-$6" West 1547.43 feet;
3) North 80'-43'-58" West 709.38 feet;
4) North 39'-52'-42" West 209.91 feet;
5) North I0'-24'-33" West 209.94 feet to a point on the
East Limited Access, right-of-way line of State Road 93
(I-75);
thence continue along said Limited Access, right-of-w~ line
of State Road 93 (I-75) on the following nine courses:
1) North 3'-19'-52' East 285.34 feet;
2) North 23'-37'-28' East 149.83 feet;
3) North 64'-12'-39" East 149.83 feet;
',. 4) North 86'-37'-01" East 778.54 feet;
' 5) South 87'-55'-12" East 318.32 feet;
6} South 78'-44'-38' East 318.32 feet;
7} South 74'-09'-17" East 1199.30 feet;
~ 8) South 73'-00'-33" East 1904.96 feet;
9) Southeasterly. 233.67 feet along the arc of a circular
curve concave to the northeast,.having a radius of
,/, 11621.16 feet, subtended by a chord which bears
South 73'-35'-07" East 233.67 fee~ to the north
right-of-way line of State Road 84 (Alligator Alley),
~ and the Point of Beginning Of the parcel herein
" described;
{:. being a part of south 1/2, Section 35, Township 49 South, Range
.~ 26 East, Collier County, Florida;
>~ subject to easements and restrictions of record;
I: · containing 69.40 Acres of land more or less;
:f bearings are based on Florida Department of Transportation
:~'. right-of-way map for State Road 93 (I-75).
GENERAL LOCATION OF PROJECT SITE
Toll Gate Commercial Center is located in the southeast quadrant of
Interstate 1-75 and CR 951 approximately five miles east of the
Naples. Airport at the eastern terminus of Davis Boulevard (SR 84),
see ~sp A. ..
STATEMENT OF COMPLIANCE
The petitioner states that if he proceeds with the proposed
development, he will:
(a) Do so in accord with:
1. · The Master Plan of Development officially adopted for
the district..
2. Re~ulations'existin9 when the amendment rezoning the
land to PUD is adopted; and,
3. Such other conditions or modifications as may be
attached to the rezoning of the land to the PUD
classification.
4. Th~ ~'6als ~nd policies of Collier County's Compre-
hensive Plan ....
(b) Provide agreements, contracts, deed restrictions, or
sureties acceptable to the County for completion of the
undertaking.in accord with the adopted Master Plan 'as
well as for the continuing' operation and maintenance of
such areas, functions and facilities that are not to be
provid~d,,~'pperated .or maintained at general public ex-
~uccessors ..in title to an~ commitments made
under (a) and..(b) preceeding.
PROJECT INF0~MATXON '
Total Acres:" 6~;4 .... ' ....
Number of acres devoted toTvar~op~ categorie~ of land use:
Water Management are~ - 14.6
Road Right-of-Way -: 4.3
P.P.L. Easement - 3.6
Flow Way - 5.0
. ' Sewage Treatment plant . - 3.0
COMPREHENSIVE PLAN DESIGNATION
'~i' The project site is desig~a~d commercial on the Collier County
Comprehensive Plan. "'
CURR£NT ZONXNG
The project site is currently zoned.A-2, Rural Agriculture.
EXISTING LAND USE
At the present time the site isunoccupied, see Hap B and ~ap D.
ADJACENT LAND USE
The adjacent lands are predomtnately vacant at the present time.
The property located at the .orthwest corner of CR 951 and SR 84 is
presently used as a Sunoco Service Station Site.
The property located on the southwest corner of CR 95] and SR 84 is
used as a Standard Service Station site.
The property on the north consists of the 1-75 right-of-way. The
property on the south is vacant.
LAND ELEVATION
The elevation of the project site varies from 9.8 feet to 11.6
feet. For elevation distribution see Map C. Toll Gate Commercial
Center lies within Zone B as identified on the Federal Flood .In-
surance Rate Map (effective September 14, 1979). Zone B is identi-
fied as those areas between limits of the 100-year flood and
500-year flood. This means that no development will be occuring
within the 100-year flood prone area.
SOILS
There are three types of soil cover on the project site. They are
Arzell fine sands, Keri fine sands and Pompano fine sands.' The
distribution of these soil types is shown on Map E.
VEGETATIVE COVER
A breakdown of the vegetative cover of the p~oject area is as
follows, see Map F for detailed distribution:
KEY VEGETATION COMMUNITY ACREAGE
A1 Pineland 9.1
A2 Transitional Zone Pine & Cypress 6.5
B Saw Palmetto/Rusty Lyonia 5.7
C Transitional Zone/Cypress 29.4
D Saw Palmetto/Rusty Lyonia 3.7
E Functional Wetland 9.4
F Transitional Zone/Cypress 1.2
CP Cabbage Palm Heads 0.5
M Melaleuca 1.4
FPL Cleared and Filled Land 2.5
~." Total ~9.4
i~!. There are no unique features ~f the vegetation. All species and
~ociations are "typical" for soil types common to pine flatwoods
~;~i of level' sandy areas of Collier ~ounty.
WILDLIFE
Wildlife, observed or noted from tracks, nests, etc. consisted of
the 'representative species, such as raccoon, snakes and wading
birds, which normally occur in a habitat such as the Toll Gate
Commercial Center site.
No endangered or threatened species were observed on the site.
HISTORICAL OR ARCHAEOLOGICAL SITES
John Beriault, Field ·Representative of the S.W. Florida Archaeo-
logical Society, searched for such sites and believes none exist on
the tract.
WASTEWATER MANAGEMENT
On-site treatment of wastewater flows will be provided by an
extended aeration plant designed and constructed to State of
Florida, Department of Environmental Regulation criteria. The
plant will be designed to handle peak flows for both phases.' Pro-
visions will be m~de in the design to handle the high BOD levels
· expected. Grease traps will be installed where necessary.
WATER MANAGEMENT
....Ci~. The'Water Management 'Plan, see Map G, consists of two. drainage sub-
i basins divided by the Florida Power and Light easement. The pro-
!:!i posed drainage system will be designed to SFWMD and County
:. L cirteria. Minimum road elevations and discharge control will be
designed for the 25-year 3 day rainfall event. The finished floor
elevations will be established by the 100 year-zero discharge de-
'sign event.
WATER SUPPLY
Potable water will be supplied by the Collier County Water-Sewer
· District.
Non-potable water will be supplied for landscape irrigation and
other non humam consumptive uses by an on-site well system.
SOLED WASTE
Solid waste will be dLsposed of at the Collier County Sanitary
Landfi~l. Collection will be provided by commercially operated
trucks~ anticipated pickup will be =wo times 'per week.
ELECTRICITY
Electricity w£11 be provided by the Florida Power & LSght Company,
Police protection will be provSded by the Collier County Sheriff
Department.
· FIRE PROTECTION
Fire protection will be provided by the Golden Ga~e Fire Con=rol
and Rescue D~str~ct.
TELEPHONE
Telephooe service will be provided by Uaited Telephone of ~lorida.
SCHEDULE OF DEVELOPMENT
Project development will commence as soon as all required permits
have been obtained and will continue to build-out.
The following schedule indicates'the'anticipated start and
'completion dates for the various components of the project, please
refer to Map H.
% OF
COMPONENT ACREAGE SITE START COMPLETE
Parcel A-l, A-2 '16.4 23.7 1985 1987
Lake #1, incl.
Natural Retention Area '3.0 4.3 1984 1986
Road Construction 4.3 6.2 1984 1986
F.P.L. Easement 3.6 5.2 - -
Parcels B-l, B-2, B-3 22.5 32.4 1986 1990
Lake 12, fncl.
Natural Retentfon Area '~ .?-11.6 -- ·16.7 1984 1986
Wastew~ter Treatment'site 3.0 4.3 1984 1987
Natural Flow Nay 5.0 7.2 1984 1987
Totals 69.4 100
USE REGULATIONS FOR PARCELS A-1 AND A-2
t.' 1) Intended use of Parcels A-l, A-2.
It is the intent of this document that Parcels A-1 and A-2 be
used for commercial purposes which serve the motoring public
u.~ing Interstate 1-75 as well as providing limited commercial
goods and services of an areawide nature for the Naples, Marco
Island, Golden Gate and the Immokalee urban areas.
Further it is the intent of this document that Parcels A-1 and
A-2 shall be used in accordance with all current federal, state
and county regulations except as specified otherwise in this
document by the Collier County Board of County Commissioners.
2) Permitted Principal Uses and Structures
No building or structure, or part thereof, shall be erected,
altered or used or land or water used, in whole or in part for
other than the following:
(1} Automobile service station including engine tune-ups and
minor repairs.
(2} Banks and financial institutions, business and
professional offices.
(3) Cocktail lounges and commercial entertainment.
~:~ (4) Convention and exhibition halls.
~;;. (5) Department stores; drug stores; dry cleaning shops and dry
goods stores.
(~) Electronic games and furniture sales.
.. (7) Ice cream shops and dairy drive-in stores.
(8) Motels; hotels and other transient lodging facilities.
· . (9) Research and design labs; restaurants and fast food
restaurants.
,. (10) Shopping centers (see Section 10.5 of Ordinance 82-2).
!~: -7-
,oo, 051,i , 4Z
Cll) Souvenir stores and stationery stores.
(12} Supermarkets ..
(13) Variety stores; vehicle rental-automobile and U-haul type
~. of vehicles and equipment including outside display;
. veteripary offices and clinics; no outside kennelling.
{14) Any' other commercial o= professional service which is
comparable in nature with the foregoing uses and which the
,~. Planning · Implementation Director determines to be
compatible in the district.
3) Permitted Accessory Uses and Structures
(1) Ahy accessory uses or Structures customarily associated
with the permitted principal uses and structures.
(2) caretaker's .residence - as permitted by the applicable
Collier County Zoning Ordinance in effect at the time a
permit is' requested. .-
~ 4) Permitted Provisional Uses and Structures
~,.._ (2) Attached residence in conjunction with a business use -
;?% bne (1) per business.
, (3) Permitted uses with less than 1,000 square feet gross'
' floor area in the principal structure,
'~ 5) ~evelopment'Standards
(1) ','Minimum' L~f Area:'Ten thousand (10,000) ~guare feet.'
~. (2) Minimum Lot Width: One hundred ($00) feet as measured at
~. the front building setba'ck line,
(3} Minimum Yard Requirements:
'a. Front Yard - Twenty-five (25) feet plus one.(1) foot
for each two (2) feet of building height over fifty
(50) feet,
-8-
b. Side Yard - None or a minimum of five ($) feet with
unobstructed passage from front to teac yard for non-
residential uses. Fifteen (15) feet for motels,
hotels and transient lodging facilities plus one (1)
foot for each t~o (2) feet of building height over
fifty (50) feet.
c. Rear Yard - Twenty-five (25) feet
d. Waterfront - Twenty-five (25) feet from the normal
water line of any artificially created body of water,
excluding observation decks, bridges and walkways.
(4) Maximum Heisht: One hundred (100) feet
(5) Minimum Floor Area of Principal Stcuctuce~ One thousand
(1,000) square feet per building on the ground floor.
(6) Maximum Density - Twenty-six (26) units per gross acre of
land fo~ hotels, motels or transient lodging facilities..
(7) Distance Between Structures - Same as for side yard set-
backs.
(8) Si.~_i~ - As may be permitted or required by the applicable
~o~er County Zoning Ordinance in effect at the time a
permit is requested.
(9) Minimum Off-Street Parkina and Off-Street hoadin~ ·
~equxrements: As may ~e ~ermi~6ed or required by the
~licable Collier County Zoning Ordinance in effect at the
time a permit is requested.
(10) Minimum Landscaoin~ Reauirements: As may be permitted or
~e~u'ired by the'apPlicable Collier County Zoning Ordinance
in effect at the rime a permit is requested.
(11) Outside. . .... Merchandise Storage, and. Dtsolavina:, .., . . Unless
specxrxcally permLtted £or a given use, outside storage or
display of merchandise is prohibited.
-9-
USE REGULATIONS IN PARCELS B-l, B-2 AND B-3
Intended use of Parcels B-I', B-2 and B-3.
It is the intent of this document to encourage selective
commercial uses in Parcels 8-I, B-2 and 8-3 to provide the
sale, service, transportation, storage and distribution of
goods and service to the .traveling public on 1-75 and to the
citizens of the area which can be served via the access road
systems.
A major function of these Parcels is to serve as a focal point
for the arrival of goods from other points of 'the region and
country and then be processed for distribution to the local
trade market% "'
It is-intended that .inside-storage. and warehousing along with
limited assembly and manufacturing wholly within a building and
not obnoxious by reason of emission of odor, fumes, dust,
smoke, noise'or vibration be permitted on Parcels B-l, 8-2, and
B-3.
Further, it is the intent of this document that Parcels
B-2, and B-3 shall be used in accordance with all of the
current .federal, state and county regulations except as
specified otherwise in this document or as may be approved
otherwise by the Collier County Board of Commissioners.
Permitted Principal Uses and Structures
No building'--or'-Structure, or part thereof, shall be erected,
altered or used, or land or water used, in whole or in part of
other than the following:
(1) *Any p'~incip~i.use or str~cture permitted on Parcels A-1
and A-2.
(2) Assembly operations in 'an enclosed building.
(3) Building supplies and contractors storage facilities; bulk
storage yards not including ju'nk or salvage yards.
(4) Car wash, communications service and equipment repair.
(5} Freight movers and storage.
-10-
(6) Laborator£es~'research, design and testing; laundries;
lawn maintenance shops and plant nurseries; light
manufacturing or processing (including food processing but
~ not abatoir; packaging or fabrLcating in a completely
enclosed building).
(,. (7) Miscellaneous uses such as express offtce~ t~lephone
exchanger motor or bus or truck or other transportation
!i!:,~ terminal and related uses~ motorcycle sales, service and
repair including outside display~ museums and tourist
attractions.
(8) New and used car sales, service and repair including
outside display.
(9) Offices, general purpose.
(10) Recreational Vehicle Park.
(11) Warehousing, wholesaling, storage and distributing**
· establishments and similar uses.
(12) Any other commercial or professional use which is
comparable in nature with the foregoing uses and with the
foregoing uses and which the Planning Implementation
Director determines to be compatible in the district.
3) Permitted Accessory Uses and Structures
(1} Any accessory uses or structures customarily associated
with the uses and structures.
4) Permitted Provisional Uses and Structures
(1) Attached residence in conjunction with a business - one
(1) per business.
(2) Permitted use with less than 1,000 square feet gross floor
areas in the prinicipal building.
'-, 5) Development Standards
(1) Minimum Lot Area~ Ten thousand (10,000) square feet.
-11-
46
(2) Hinimum Lot Width: One hundred (100) feet as measured at
the front building setback line.
(3) Minimum Yard Requirements:
a. Front Yard - Twenty-five (25) feet.
b. Side Yard - None, or a minimum of five (S) feet with
unobstructed passage from front to rear yard for
non-residential uses. Fifteen (15) feet for hotels,
motels and transient lodging facilities plus one
foot for each two (2) feet of bu£1din9 height over
fifty(50) feet. Attached residences shall be treated
as non-residential.
c. Rear Yard - Twenty-five (25) feet.
d. Waterfront - Twenty-five (25) feet from the normal
level of any artifically created body of water,
excluding observation decks, bridges and walkways.
(4) Maximum Height= One hundred (100) feet.
(5) Minimum Floor Area of Principal Structure: One thousand
(1,000) square feet per building on ground floor·
(6) Maximum Density: . Twenty-six (26) units per gross acre of
land for hotel, motel and transient lodging facilities.
(7) Distance.Between Structures= Same as .for side yard
.setbacks.
(8) ~{ 'As"~] be '~rmitted or required by the applicable
-Collier County Zoning Ordinance in effect at the time a
permit.is requested.·
(9) Minimum Off-Street Parking and Off-Street Loading
'Requirements= As may be P~rmitted or r~q0ire~ by'the
applicable Collier County Zoning Ordinance in effect at
the time a permit is requested.
(10) ~inimum Landscapin9 Requirements= As may be required by
the ap~f'icable COllier ~oun~y zOning Ordinance in effect
at the time a permit is requested.
(11) ~f~hahdise"St'Orage and Display= Unless specifically
perm~t~d ~or a given use, ~ut~ide storage or display of
merchandise is prohibited.
-12-
MASTER PLAN APPROVAL
Subdivision Master Plan approval as shown on Map H is requested as
part of this PUD submittal.
APPROVAL'STIPULATIONS
I. Water Management Advisory Board reviewed this petition and re-
commended approval subject to'the following stipulations:
1. Detailed site drainage, plans shall be submitted to the
Water Management Advisory Board for review. No con-
struction permits shall be issued unless and until approval
Of the proposed construction in accordance with the sub-
mitted plans is granted by the Water Management Advisory
Board.
2. An Excavation Permit shall be required in accordance with
County Ordinance No. 80-26, as amended by Ordinance No.
83-3, for construction of the two retention lakes.
3. On-site and off-site groundwater conditions shall be
further investigated as they relate to historic local
drainage patterns and the Henderson Creek Basin.
4. Developer shall recognize that this area is subject to
flooding and will proceed with construction at own risk and
acknowledge that Collier County will not be held re-
sponsible for any flooding problem that may occur.
II. TRAFFIC: The Traffic Engineer has the following
~ndations:
Subject to FDOT approval, the developer shall provide the
following:
1. A southbound left turn lane on C.R.. 951 at S.R. 84 be-
fore any certificates of occupancy are issued.
2. A future dual southbound left turn facili'ty on C.R. 951
at S.R. 84 when deemed warranted by the County
Engineer.
3. Separate lanes for left t~rns, right turns and through
traffic movements on the westbound approach of S.R. 84
to C.R. 951.
4. The developer agrees to pay a fair share contribution
in accordance with any lawfully adopted regulation ap-
plicable to this property.
MEMORANDUM
DATE: .h,l? ~-
Administrator
:i
~:Patitio= K-83-18C, D~Z-83-2C, Toll Czte
Co,atrial Ce=car, $ 3~-&~-2~E
'~,~. ~a have reviewed the PUD and OR! documents for the
re,ere=ced above and have =o objection to the rezone as requested.
~1~~ However, ye require the follovin8 stipule:ions as a condition co our
i.. reconuuendation for approval:
· 1) The items listed tn Attachment Ho. ~.
2) ~e raRuire a written Agreement vtth the owner of the project,
la,all7 acceptable to the Count7 ~acer-Seva: Distr~ct, statin~ chat:
a) The proposed on-site vastevater treat=ant facilities to be
constructe~ as part o~ the proposed project must be regarded
- as interim; iC shall be constructed co State & Federal
standards and be ovned~ operated and nat=Cai=ed by cbs o~ec,
h~s assigns ot successors unct~ such ctae
CeuccaL Sever Facilities ace available co settee the pco~ecc.
b) - Upon connection to the County's Central Sever
the ~ec) his ass~s oc successors shal~ abandon, dismantle
~ and remove from the s~ce the interco sewage treatment
" facility. A~ york re,aced vtch chis activity sha~ be
~ '. pecfo~ea ac no cost co the County oc the County Varec-Sever
c) Connection co the County"l Cencta~ Sever ~act~t~es v~
be made b7 the o~ers~ cbatt assigns ot successors aC no cost
to t~e County ot to the Count7 Water-Sever District within 90
days a~tet such fact~tt~es become available.
~) A~L construction p~ans and techntca~
re,aced Co connections, to the Councr's Cencra~ Sever
facil~cies vtll be submitted for review and approval prior to
code=cement of construction.
e) The o~ers, their assigns or successors shall agree to pay
all system development charges at the tt~e chac
Pe~tcs are required, pu:suanc to appropriate County
Ordinances and Regulations in eifec~ at the time ol Pe~it
request.
3) ~y items within the P~ & DRZ docunents which conflict ~ith
above listed stipulations must be revised accordinsly.
6) ~ scared In the P~ & DRI. documents, chis development plans
obtain potable water service Iron the :ollier County Regional
Page 2
July 22, 1983
Water System. Connections in this system vii! hoc be available
until the construction of the rater supply, treatment and Crane-'
mission facilities ate co~pleted. AC that tine, conneccioR.vill
be on a "first ooze fitat serve" basis vhe~ the follovin8
a) Water is available co the &rea.
b) An application for sec'vice is approved.
~Ll.1 applicable charses and fees are paid.
Attachment
ATTAC~ENT NO. 1 - UTILLT¥ DIVZSION POLICY STIPULATIONS
I) ^i! construction plans and Cechnica]. specifications ~oc
proposed Utility Fac{X{c~ej muir be c~v~eve4 and {pproved by
' the Uc~c~ D~v~s~o~ pc~oc co co~encemenc of construction.
~' 2) AI~ on-s~ce ~nd off-site UCt~ F~c~l~c~es consc~ucce~
DeveZopec ~a connecc~on v~ch the DevelopmenL sha~ be
~" constructed co Councy Standards ac no cost co the Counc~ and
shall be deeded co che County Vacer-Sevec DisccicC.
accocdance v~ch applicable County 0=d~nances and Resulac~ons.
3) ~1 cuscome=s connecc~nG Co che san~ca~ sever ~n~
' disccibuc~on fac~lic~es rill be customers of che County
~ce~-Sevec D~scc~cc ~n~ v~ll be b~lled ~n accordance
· ~ race sc~ccure appcoved by che County. Rev~ev of the proposed
races and subsequenc app=oval by ch~ Board of County
Co~iss~onecs musc be completed pc~oc co acc~vacion of the
colleccion/cransm~ss~on system and vascevacec cceacmenc
~' facility se~c~n~ Che project. RaCe rev~evs muse be ~n fu~l
conp~[ance v~ch County Ordinance No. 75-71 as amended, r~v~s~d
or svperseded.
All construction on ~he proposed sanitary sever system sha~
uc~[~ze proper me~hods and materials Co insure racer
cond~cions.
'~) Appropriate Uc~IL~y Easements dedicated ~o ~ha County
~acer-Sever D~scr~cC muse be provided for cbs proposed ~a[er
.;. and Sever fac~c~es Co ba conscrucced, vhen chey do hoc
v~ch[n public r~shcs-of-vay or Oc~l~cy Easenencs.
~) DaCe required under Councy Ordinance ~o. 80-112 nusC
svbm~cced and approval GranCed prior co a~prova~ of the
conscrucc[on documents for che proJecc. Subnic ~ copy of che
approved DER panic applicacion for the seva~e collection and
Cransaission sys~m and a copy of ~hi approved DEl
application and conscruc~ion pe~i~ for ~he
treatment facility co be utilized.
.,-
GULF
CENTER
~T~ OF
I.~'
MEXICO
ISLAND
TOLL GATE
E.~LADES CrW COMME RC IAL
CENTER
Irked. la~tllv~t ii! Umw,* a, tfaltB. ~.c. LOCATION MAP ' MAP A
/" ~1' ~' ""~ '--'-''"'~
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--~',.' . TOLL 'GATE
- ... ,, .... COMMERCIAL
I
STATE ROAD 84
ALLIGATOR ALLEY
/ I I
_ COMMERCIAL
~. ~.. CENTER
',..~, --~ ALLIGATOR ALLEY ,4,, '~'
· ,.,~/...,:.. - .' ~
,,' ,---.- ..... TOLL GATE
" ...... '""' COMMERCIAL
.... "' · ...... ' CENTER
............ ~ : ,,., .... .,,. .... ;~.?::... _ _ ~.mT~G~USE · ~AP
LEGE#O
I~1
I:1
STATE RO~D 84
· ~, ALLIGATOR A~LEY
J COMMERCIAL
....... · ' ~~__ CENTER
~ ~ I
CP c~ f~ He~ J
STATE ROAD 04 J ,
ALLIGATOR A~EY
CO~ IMERCIAL
!
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I
I-
L I I SUe-SASIN ·
SUD-SASIN A I I
LAKe
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, ..... .,... .... , TOI,.L :GATE
:: COMMERCIAL
---- "" CENTER
;~,~d. ~,t.,.J,* e, u,bon A.~,., I~c.
STATE OF FLORIDA )
~i COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
~entieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 92-10
which was adopted by the Board of County Commissioners on
the llth day of February, 1992, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 12th '
day of February, 1992.
~" Clerk of Courts and Cle.~..:'...,'(.~.ia.~:~.. ,%
E_X-O.fft_cio tO Board of ,~..'..~-.i'' 4:.... ,-
;: uoun~y Commissioners · ~; i ",-~ ':
"~, '...'.'.. r~l:~'~ ~;' ..
By: /s/Ellis Hoffman
Deputy Clerk .~ ~,~ · :.'
DEVELOPMENT ORDER 92-._/___._
RESOLUTION NUMBER 92- 100
A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1
OF T~E TOLL GATE COMMERCIAL CENTER
DEVELOPMENT OR REGIONAL IMPACT (DRI) BY
PROVIDING FOR~ SECTION ONE A AMENDING THE
TRANSPORTATION COMMITMENTS~ SECTION ONE B
ADDING D~AINAGE/WATER QUALITY/WETLANDS
COMMITMENTS; SECTION ONE C ADDING WASTEWATER
MANAGEMENT/WATER SUPPLY COMMITMENTS; SECTION
ONE D ADDING HOUSING REQUIREMENTS$ SECTION
ONE E ADDING GENERAL CONSIDERATIONS; SECTION
ONE F ADDING PUD DOCUMENT; SECTION ONE G
DELETING UNTITLED SECTION 4.D; SECTION ONE
AMENDING THE TERMINATION DATE~ SECTION ONE I
ATTACHING THE MASTER PLAN ~ SECTION TWO,
~INDINGS OF FACT; SECTION THREE, CONCLUSIONS
OF LAW AND SECTION FOUR, EFFECT OF
PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County,
Florida approved Development Order 84-1 on January 17, 1984, which
approved a Development of Regional Impact (DRI) known as Toll Gate
Commercial Center; and
WHEREAS, the Application for Development Approval (ADA) was
.~ncorporated into and by reference made a part of the Development
Order~ and .
WHEREAS, the real property which is the subject of the Devel-
opment Order is legally described and set forth in Exhibit #A# to the
Development Order~ and
WHEREAS, the owners of the DRI property desire to expand the DRi
arga~ and
WHEREAS, William R. Vines,' representing Toll Gate Commercial
Center, ~et~t~oned the Board of County Commise~oners of
Florida, to a~e~d the Development Order~
.WHEREAS, the Collier County Planning Commission has reviewed and
.... considered the report and recommendations of the Southwest Florida
Regional P~anning Council (SWFRPC) and held a public hearing on the
petitio~ on January 2, 1992; and
WHEREAS, the Board of County Commissioners of Collier County has
reviewed and considered the reports of the SWFRPC and the Collier
County Planning Commission and held a public hearing on the petition on
Words ~ are added; Words st~ek-th~h ~re deleted.
!~i~ ~anuary 14, 1992, which hearing was continued to January 28, 1992;
NOW~ THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
!~i~ SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER
A. Section 4.C.3., Transportation, of Development Order 84-1 for
th. Toll Gate Commercial Center is hereby amended to read as follows:
3. TRANSPORTATION=
necessitate .... ½.~eFsee~en .... *~preveme.~s .... a~ ....
~n~ersee~en--e~-eR-DS~--end-SR-e4r---ether-~mpreveaen~s
mey--a~so--be--requ~red--as--de~eFm*~ed-by--a-me~*~eF~n~
!~:,' sT ~he--appt~ean~--shatt--be-required;-to-pay--fer-the
s~gna~ea~en?--tu~n-~anes--a~d-ether--~mp~evements
deemed-ne~essary-by-~he-eeu~y-H~*neer-oF-FBeT-feF
84~---These-~prewemen~s-sha}}-be-aade-a~-~he-~ne
SepaFtmen~--e~-PBeTT---To-~h*s--endT-~he--app~*ean~
bT
nen--~by-~he-~e}}~er-eeun~y--Eng~nee=*n~-Bepar~men~
~=--PSe?}?-~he-app~*cam~-sha}}-be-requ~red-~o-pay-a
~" I~pact Fees: ~6 S~nce Collier County has adepts
:. Words Ahl~are added~ Words struck-through are deleted.
~ an impact fee for development, this fee can
be substituted for the proportional payment
outlined
~eee~me~da~ens. Any external road improvements
already paid for should be credited towards the
overall fee charged the applicant.
~ords ~ are added~ ~ords e~k-~h~e~h are doleted.
.
~ ~..~l.~_.~*
Words ~ are added~ ~ords ~uek-th~ou~h are dale~ed.
the existina lane confiauration.
g~ The auolicant shall be sub4ect to the Concurrency
Manaaement System of the County as set fogth
hereiq,
Development Order options may be considered bv
Collier County and the applicant to the extent that
~he options provide adequate commitments for
improvements l~dicated above to
sianificantlv-imDacted reaional roadways and
intersections. Whatever OPtiOnS are exercised.
however, should be done with the understandinc that
the follow~ conditions shall be met=
If annual monitorina reports confirm that
hour/peak season traffic on the reaiona! road
seaments and intersections abgve exceed th~
level of servic, standards adopted by the
County and the oro~ect is utilizing more than
§% of the level of service "D" capacity for
urban areas or "C" for rural areas, then
further buildina permits and certificates of
occupancy shall not be aranted u~til th9
standards of the Countvte concurrency
manaaement system have been met.
f2) The transportation ~mDacts to the roads and
intersections above shall be appropriately
addressed consistent with Southwest Florida
Reaional Plannina Council Dolicies. and the
determination of proportional share and/oF
DiDelinina of the reaional road improvemenT-
shall be in accordance with Section 163.3220
F.S. which reauires a Local Government
Development Aareement and a commitment by the
applicant and/or the local aovernment
ensure concurrency on all sianifica~tlV
impacted reaional roads.
¢3) The realonal roadway segments'
intersections on which this Dro~ect ha~
substantial impacts are all operated and
maintained by Collier County. The County
made the decision to plan for and manaae the
impacts of this DRI throuah its duly adopted
comprehensive plan ~includin~ the remedial
plan amendments a~reed to between Collier
County and DCA. pursuant to that certai~
Stimulated Settlement A~reement between th9
parties (DOA~ Case No. 89-1299GM) 1. Th.
County has considered the reaional roadway
seaments and reaional roadway intersections as
set forth in 3.B and C. hereof and ha~
determined to reauire the Dro~ect tO be
subgect to and to commlv with the Concurrency
Manaaement SYstem (CMS) of Collier County as
adon.ted in its Growth Management Plan
implemented in its Adequate Public Facilitie~
Ordinance (APF~. Divison 3.15 of the Collier
County Land Development Code. The Ade~uat~
Public Facilities Ordinance CAPF~ requires the
Growth Management Director to complete an
Annual Update and Inventory CAUIR) bv May I of
each year on roads and Public transDortatio~
.. facilities based on the adopted level
,00' OSIPA6[ G~ service. The APF Ordinance reautres the Board
of County Commissioners bV June 1 of eac~
year. to establish Areas of Sianifica~
Influence ¢"ASI"~ aroun~ any road seament o~
Words Underlined are added; Words s%ru=~-~h~o~h are deleted.
intersection which is deficient or is
Dro~ected bY the AUIR to become deficient and
Which is not scheduled fief imorovement in the
g~oital Improvement Element ["CIE#~ of the
~omDrehensive Dian in a manner and time which
would Provide facilities concurrent with the
imoacts Of development oursuant to said APr
Ordinance. Pursuant to the APP Ordinance.
nro~ects within the boundaries of an AS! which
is drawn around a deficient road se=ment ara
unable to obtain further Certificates o~
Public Facility Adeauacv. Pro4ects within
ASI drawn around a road seament which is
nro4ected to become deficient are unable
obtain Certificates of Public Facility
Adecuacv that~
the remaininu cap~~
The standards to be utilized by Collier
in establishin~ th~ boundaries of the ASI'S
are set forth in Subsection ~.15.3.~ of
Land Develonment Code.
In addition to the provisions of the Colli~w
County Adecuate Pubic Facilities Ordinance,
Division 3.15 of the Land Development Code,
the DRI shall be sub4ect to the followi~
conditions reaardina the transoortation
imnacts of the development:
a. The Toll Gate Commercial center
Develonmen~ of Reaional Impact is sub4ec~
to the soecific reauirements of
Adecuate Public Facilities. Division
of the Land Development Code as thc2 code
existed on the day of its adoption. Any
amendment to the transportation Dor=io.~
of the Land DeveloPment Code by Colli~
County shall not be effective or aoolied
to the DRY unless and until thi~
Develonment Order is amended tn
incorporate and render aDnlicable such
chanaes or amendments to the APF.
Division 3.15 of the Land DeveloDmen~
Code.
b. The applicant shall Provide. within
fifteen ~1§) days of publication each
year. a cony of said AUIR On the re~iona]
facilities set forth in 3.B. and C,
herein to the SWFRPC and the DeDartme~
Words~l~are added~ Words s~ek-~hre~h are deleted.
Notice of Chan~e. ~ current traffic
analysis and other information attemDtin~
to establish that the DRI is not havin~ a
substantial impact unon the pertinent
road seament, or other 4ustification for
~': ~he County's exclusion of the DRI from
the ASI. If an ASI is established for
any deficient road serpent listed in
Paraqraph 3.A. and B. of this development
order that does not include the Toll Gate
Commercial Center DRI. the DRI shall not
aDDi¥ for Or be issued any Certificate of
Adeauate Public Facility unti! the Notice
of Chance decision is made by Collier
County. if neither DCA nor SWFRPC
participates in the Public hearina on
this Ngtice of Chance pursuant to
380.06(19)~C% and tho chance is adopted
by Collier Countv. ss ProPosed.
amy aDDea! of such decision to the
Flori4a Land and Water Ad4udicatorv
Commission is resolved.
e. For Durnoses of this development order.
the DRI shall be deemed to have a
substantial imvact upon a deficient road
segment if its traffic impacts e~ceed
five percent ¢5%) 9f the level of service
"O" Deck hour. 9~ season capacity of
the roadway~
f. The County shall provide the reauisite
DVblic notice and hold a oublic hearin~
on the Notice of Chance as exPeditiouslY
as possible. Followina a public hearina.
Collier County shall amend the DRI
D~¥~looment Order to record its
determination whether or not the DR! is
havin, a substantial impact upon the
defi~ient road seament or otherwise
should not be included within an ASI for
the deficient road seament. In makina
this determination, the County shall
include the impacts resultina from all
development to occur pursuant to the
Certificates of Public Facility Adeauacv
Dreviov$1¥ issued to the DRI. The
amendment to the Development Order is
aovealable pursuant to Subsection
~80.06i19) and Section 380.07. Florida
Statutes~
a. If neither DCA nor SWFRPC DarticiDate
· the ~ublic hearina on the Notice o£
Chance pursuant to Section
Florida Statutes and the chance is
adopted by Collier Countv.as Proposed,
the DRI may be issued Certificates of
' Public Facility Adeauacv followina the
· County's develooment order decision. If
either DCA or SWFRPC participates in the
public hearina, the avDlicant shall not
cooly for or be issued Certificates of
Public Facility Adeauacv until the
deadline for any appeal of the Collier
County decision has e~DiFed pursuant
Section 380.07. Florida Statutes and no
05~P,~[ ~6 appeal has been filed.~
Words Underlined are added; Words s~ek-~h~e~h are deleted.
B. DsYelopment Order 84-1, for the Toll Gate Commercial Center
hereby amended by adding Section 4.D entitled Drainage/Water
',(~l&lity/Wstlands to read as follows=
G.
Words ~ are added~ Words st~ek-~h~e~ are deleted.
C. Development Order 84-1, for the Toll Gate Commercial Center
hereby amended by adding Section 4.E. entitled "Wastewater
'Management/Water Supply" to read as follows:
Words ~ are added; Words s~uek-thre~½ are deleted.
Words ]J~ are added; Words s~r~ek-~hro~h are deleted.
The lowest cualitv of water sh~ll be utilized for
non-notable water uses.
13. The above conditions shall supersede any condition~
contained in the oriainal Toll Gate Commercial Center
Development Order which are inconsistent with the abOVe
conditions. Any conditions contained in the orioin~]
Development Order which are consistent with the above
conditions shall remain in force.
14. All commitments made by the aoolicant, within the ADA
and subseauent sufficiency round information, related to
Ouestion 21 CWastewater Manaaementt. and Ouestion 23
fWater SUDDIv~. and not in conflict with the aboye
recommendations shall be incorporated as conditions
approval.
D. Development Order 84-1, for the Toll Gate Commercial Center
i!' is hereby amended by adding a new Section 4.F. ent£tled "Housing" to
&s'follows=
F. HOUSING
Se applicant has indicated suPPort for a Countv linkaae
· ordinance which would reauire all develooment, bot~
Development of Reaional Imnact fDRI) aualified end non-DRT
aualified, to contribute to a Droaram which addresses
affordable housina concerns. The applicant has aareed to th~
imposition of a housin~ impact fee for that portion of
project not previously approved and platted, which impact fee
would be aPPlicable until such time as the County has adopted
an affordable housin~ improvement pro,ram with
proportionate share lundin= mechanism, which pro,ram
mandated by the Collier County Growth Mana=ement Plan to
in force not later than January 1. 1994. That portion of
Toll=ate project which has ~ot vet been Platted and
shall be subject to the followina condition~
1. .Each development within that oortion of the Project
which has not been olatted and imoroved at the time of
adoption of this Development Order fDOA 91-2~ shall Day
a fee of 20 cents Der s~uare foot of =ross leasablg
buildina area to an Affordable Housina Trust Fund at thn
time a buildi~a Permit is filed with the Countv. The
Affordable Housina Trust Fund shall be administered bV
the appropriate County aaencv for the PUrPOSe Of
increasina the SUDDiV Of affordable housina available
low and very low income households. This fee shall
terminated at the time Collier County adopts a~
Affordable Housin~ ImProvement Pro,ram which includes
.proportionate share fundina mechanism. In the event
that. by January 1. 1994. Collier County has not enact~
an affordable hous~na improvement Droaram wit~
proportionate ' share fundin~ mechanism, the twenty cent~
Der souare foot fee reouirement shall be ter~inated~
E. Development Order 84-1 for the Toll Gate Commercial Center
hereby amended by adding a new Section 4.G. entitled "General
Considerations- to read as follows=
,oo, 05i,, "/13
-11-
Words Underli~ are added~ Words s~ek-~hrou~h are deleted.
· G. GENERAL CONSIDERATION~
AA All commitments and impact miti~atin~ actions provided
~ bv the applicant within the ADolication fO= Develooment
ADorers1 (and supplementary documents~ that are no= in
conflict with specific conditions for project aoDroval
~ outlined above are officially adooted as conditions for
aDDrOVal.
The applicant shall submit an annual report on the
~eveloDment of realonal impact to Collier County. the
Southwest Florida Reaional Plannina Council. the
Department of Community Affairs and all affected permit
~gencies as reauired in Subsection 380.06(18%. Florida
~' ~- The development phasina schedule presented within the
~e ADA and as adjusted to date of develooment order
approval shall be incorporated as a condition of
approval. If development order conditions and applicant
commitments incorDor~ted withip the development order.
ADA or sufficiency rgund r~DOpses to mitiaate reaional
impacts are not carried ogt as indicated to the extent
or in accord with the timina schedules specified within
the development order and this Dhasina schedule, then
this shall be presumed to be a substantial deviation for
the affected reaional issue.
D. If the local aovernment, durin~ the course of monitorina
the development, can demonstrate that substantial
chanaes in the conditions underlvina the approval of the
development order have occurred or that the development
order was based on substantially inaccurate information
provided by the developer, resultina in additional
substantial reokonal impacts, then a substantia%
deviation shall be deemed to have ~G~Grred. Th~
monitorina checklist contained in APPendix IV shall bm
~S~d as a ~uide by the local qovernmen~ in ~ete~inigg
addition substantial reaional imoacts,
E. Pursuant to Chapter 380.06(16~. the applicant may be
sub4ect to credit for contributions, construqtion,
expansion, or acouisition of Public facilit~es, if t~e
developer is also subject by local ordinances to impact
fees or exactions to meet the same needs. The lo¢~1
aovernment and the developer may enter into a caoital
contribution front-endina a~reement to reimburse ~he
, developer for voluntary contributions in excess ~f the
fair sh~re.
F. Development Order 84-1 for the Toll Gate Commercial Center is
here. by amended by adding a new Section 4.H. entitled "PUD Document" to
as follows:
· A. The approved Toll Gate Commercial Center P~ Docume~
the same may be officially modified from time to
ts hereby incorporated and atta¢hed hereto as Exhlb1~
Words Underlined are added; Words ei~FHek-~MFou~h are deleted.
C. Section 4. D of Development Order 84-1, for the Toll Cate
commercial Center is hereby deleted in its entirety aa follows:
B? eemm~tments--epee~ed-~n-~he-P~B--erd~ne~ee-es-se~-fe~h--~n
Exh~b~--A--etteehed--heFete--flnd--b~-~efememee--mede-e--peF~
~he~eef-e~d-ee-fe~wse
~T Be~a~ed--s~te-dra~nege-p~ans-eha~-be--s~bm~ed-~o-~he
Wa~er---Me~egemen~--Adv~sery---BeflFd---fe~--Fev~ew?---~o
eppr~va~-e~-%he-p~epe~ed-eene~r~e~-~n-aeee~de~ee-w~h
Advisory-Beard?
9T en--s~te-and--eff--s~e-gFeundwate~-eend~ens--she~be
fuFther--~nveat~ge~ed-as-they--Fe~eta-te-h~steF~e--~eea~
dra~eqa-patta~e-a~d-the-He~de~se~-e~eek-Bes~?
47 ~ha--deve~eper-ehe~-~eeeg~ee-~ha~-~h~s-aree-~s-e~bgee~
ST Sub~ee~--~o-PBe~-appreva~r--the-deve~epe~-she~--p~ev~da
aT A--seu~hbeund--~e~--~urn-~ene--e~-eR-~S~--e~-SR-8*
be~ere-e~-eer~*f~ea~es-of-oeeupene~-eFe-Aeemed?
bT A--fu%ure--due~--eeu~hbeund-~e~--Vurn-feei~i~y--en
eR-~S~-e%-SR-84-vhen-deemed-weFran~ed-b¥-~he-eou~y
Eng~neerr
Separa~e--~e~es--~or--~ef~-~urnsr--r~qh~-turhs--and
threuqh-treff~e-movemente-e~-the-westbe~-eppreaeh
ef-SR-84-tO-eR-~S~v
'dT ~he---de¥e~epem--flgFeee---to--pey---e--fe~F---eheFe
ed~p~ed-~eg~fl~e~-flpp~eeb~e-~s-~h~s-p~epeF~T
eT-a%~eehedT
H. Section 7 of the Development Order 84-1 for the Toll Cate
':Commercial Center is hereby amended to read as follows:
That this Order shall remain in eZfect ~eF-e--peF~ed-ef-~en
~8~-yeere-fFom-%he-effee~ve-da~e-of-~h~s-Beve~epmen~-OFdeFT
Vnt~! December 3~. 1997. Any development activity wherein
plans have been submitted to the County for its review and
approval prior to the expiration date of this Order, may be
completed, if approved. This Order may be extended by the
Board of County Commissioners on the findin~ of excusable
delay in any proposed development activity.
I, A Master Development plan dated January, 1991 is attached
hereto as Exhibit "C" and by reference incorporated herein,
Words Underlined are added; Words s~Fuek-~hFe~~h are deleted.
SECTION TWO= FINDINGS OF FACT
A. That the real property which is the subject of the
Substantial Deviation ADA is legally described as set forth in Exhibit
A, attached hereto and by reference made a part hereof.
B. The application is in accordance with Section 380.06(19),
Florida Statutes.
C. The applicant submitted .to the County a Substantial Deviation
.ADA and sufficiency responses known as composite Exhibit B, and by
~:.. reference 'made a part hereof, to the extent that they are not
inconsistent with the terms .and conditions of this Order.
D. The applicant proposes the development of Toll Gate
' Commercial Center on 100.24 acres of land for commercial, industrial
and residential tourist uses.
E. The proposed changes to the previously approved Development
Order are consistent with the report and recommendations of SWFRPC.
F. A comprehensive review of the impact generated by the
proposed changes to the previously approved development has been
conducted by the County's departments and the SWFRPC.
:~' G. The development is not in an area designated an" Area of
¥ Critical State Concern pursuant to the provisions of Section 380.06,
Florida Statutes, as amended.
SECTION THREE: CONCLUSIONS OF'LAW
A. The proposed changes to the previously approved Development
Order 'constitute a substantial deviation pursuant to Section
380.06(19), Florida Statutes. The scope of the development to be
permitted pursuant to this Development Order Amendment includes
operations described in the Substantial Deviation ADA, the Substantial
De~ation Sufficiency Report, and the Substantial Deviation Second
~..'Sufficisncy Report which documents by reference are medea part hereof
as composite Exhibit B.
B. The proposed changes to the previously approved Development
Order are consistent with the report and recommendations of the SWFRPC.
C. The proposed changes to the previously approved development
Will' not unreasonably interfere with the achievement of the objectives
73'
Words ~ are added~ Words se~uek-~hreugh ara deleted.
of the adopted State Land Development Plan applicable to the area.
iI/.. D. The proposed changes to the previously approved development
are consistent with the Collier County Crowth Management Plan and the
Land Development Regulations adopted pursuant thereto.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE.
A. Except as amended hereby, Development Order 84-1 shall remain
ii/ In full force and effect, binding' in accordance with its terms on all
.. parties thereto.
B. Copies of this Development Order 92- 1 shall be
· transmitted immediately upon execution to the Department of Community
Affairs, Bureau of Land and Water Management, and the Southwest Florida
Regional Planning Council.
~' C. This Development Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner ~ offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
~ end upon roll call, the vote was:
· AYES: Ccun~ssior~r Hesse, Camd~sioner Coopt, Ccm~[ssioner Shsnaban, Canniss~xler
Sau~k~ and Cam~s~ Volpe
NAYS:
ASSENT AND NOT VOTING:
.~Paovzn ~s TO rom AND ~~a V ~.PE. Cm~
ASSISTANT COUNTY ATTORNEY
/nb/7120
-15-
Words ~ are added~ Words str~ek-thre~g½ are deleted.
Exhibit A
LEGAL DESCRIPTION
Commencing at the southeast corner of Section 35, To;vnship 119 South, Range
26 East, Collier County, Florida:
thence along the east line of said Sectlon 35 North I'-56'-55" West 200,111 feet
to · point on the north right-ot'-way llne of State Road 811 {Alligator Alley):
thence along said north right-ol~-way line, North 89'-115~-01" West 331.23 feet
to a point of intersectlon of said north right-of-way llne of State Road 93 (I-
75), and the POINT OF BEGINNING of the parcel herein described;
thence continua along said right-of-way line of State Road 811 {Alligator
Alley) on the following five courses.'
1) North 89'-115"-01" West 2398.65 feet:
2) South 89'-56'-16" West 15117.113 feet:
3) North 80'-t13'-58" West 709.38 feet;
11) North 39"-52"-q2" West 209.91 feet:
- 5) North 10'-2q*-33" West 209.911 feet to a point on the
East Llmited Access, right-of-way line of State Road 93
:. |1-75);
~ thence continue along sold Limited Access, right-of-way line of State
": ' Road 93 [1-75) on the following nine courses: .
1) North 3'-19'-62" East 285.311 feet;
2) North 23'-37'-28" East 1119.83 feet:
3) North 611'-12~-39# East 1119.83 feet;
#) North 86'-37'-01" East 778.5~ feet:
5) South 87'-55'-12" East 318.82 feet:
6) South 78'-11~'-38" East 318.32 feet:
7) South 711'-09'-17" East 1199.30 feet;
8) South 73'-00~-33" East 19011.96 feet;
9) southeasterly 233.67 feet along the arc of a circular curve concave
to the northeast, having a radius of 116.2110 feet, subtended by
· chord which beers South 75,"-35'-07" East 233.67 feet to the
north right-of-way Ilne of State Road 811 (Alligator Alley):, and
the Point of Beginning of tho parcel herein described:
being a part of south 112; Section 35, Township 119 South, Range 26 East,
Collier County, Florida:
subject to easements and restrictions of record:
contalnlng 69.1~0 acres of land more or less;
bearings are based on Florida Department of Transportation right-of-way m~p
for State Road 93 (I-75).
ALSO INCLUDING THE FOLLOWING '.
:-. Description of part of. Section 35, Township q9 South,
Range 26 East, and part of Section 2, Township 50 South, Range 26 East,
,. Collier County,. Florida
~:; ' COMMENCE et an iron pipe marking the Northeast Corner of said Sectlon
· - 2: thence North 89° 115~ 01" West, 337.83 feet along the North line of
," said Section 2 rot a POINT OF BEGINNING; thence South 00' 02' 19"
East, 59.98 feet.: thence South 89' 57' #1" West, 2,300.70 feet: thence on
a course traversing from said Section 35, South 89e 56e 02" West,
2,11118.711 feet; thence North 115' 1~6. 16" West, 71.58 feet: thence North
01e 28~ 311" West, 705.25 feat to tile Easterly Lhnlted Access R/W Line of
~ S.R. 951 (Section 03175-2~09): thence South IO' 211! 33" East, 209,9~I
feet: thence South 39' 52' ~2" East, 209.91 feet: thence South 80' 113!
.~...' 58" East, 709.38 feet; thence North 89* 56' 16" East, 1,5zl7,113 feet:
thence South ~]9' ~5' 01" East, 2,390.67 feet to tile Southerly Existing
Limited Access R/W Line Bir S,R, 93 (03175-2qogJ~ thence South OB' OZ'
1~" Eas~ 200.ge feet t~ t~ POP,IT O1: BEGINNING.
~' Less and except the East 100.00 feet thereof.
Containing 30.835 acres, more or less. 10Ol~ 0 lr*0t 75
The entire project area is 100,235 acres.
LEGAL I~F.S( ir ''
'~ Commencing at the ao. theast corner of S,srtlor. ,. r ~,-, "p... I !,,u~h. R~.,
26 Eaet, Collier County, Florida:
~ thence along the e~t line of ,~;d Section 35 N~. ~ I' ,.' "-t 200.1~ ft...
~.. tea ~lnt an the ~rth right-of-way line o~ Stat, R, : 8~ ~:~;~-;lator
:~:~,. th~ce along .aid north right-of-way line. Nortt .s -::~-01" W~at 331.23
to a point ef Interaction of .eld ~orth right-or-d.', line of State Road ~3 (I-
.;?., 751. and the POINT OF BEGINNING of the parcel I,,~ln described:
thence c~nth,ue along said right-el-way I,e~. o~ Slate Rea~ aa
Alley) on the ~ollowlng five course~:
1) North 89'-a5'-01" West 239a.66 ~eet:
2) South 89"-56t-15" West 15~7.a3 feet:
3) North a0"-a3'-Sa" ~est 709.38 feet:
North 39'-52t-~2" West 209.91 feet:
5) North 10'-2~'-33" Wes~ 20~.9~ feet to ~ point on the
Esst L1mlted A~esg, right-of-way llne oF State Ro.d 93
thence continue along s~ld Limited Access, rlght-of-wly line of
Road 93 (I-75) on the roll.lng nine courses:
1) North 3"19"S2" E~st 285.3q feet:
2) North 23'-37'-2~= East 1~9,8~ feet;
3) North 6~*-12'-~" East lq9.83 feet;
~) North 86"-37'-01" East 778,5~ feet:
S) South 87'-55'-12" Esst 318,8~ feet:
6) ~uth ?l'-.~'-3a" E.st 318.32 feet:
7) South 7q"-09'-17" East 119~.30
8) ~uth 73'-00~'33" Eist 190a.96 feet:
9) southelsterly 233.67 ~eet along the =re o~ I circulsr curve ~ncave
..'" to the northeast, hBvlng B ridius of 116.2115 feet, ;ubtanded by
.. a c~rd which be;rs South TS~-3S'-0]" EIst 233,67 feet to the
north right-of-way line of Stlte Road 8~ {Alligator Alley): lad
. . '' the Point of B~lnnlng or the plrcel herein described:
being = p*rt of south 1;2, Section 3S, Township qg South, Range 26 East,
Collier COunty, Florldl;
eubJect to e~sements end restrictlons of r~ord:
containing ;9.q0 icres of lind ~re or less:
beerlngs ire bis~ on Florida Depsr~ent of Trafls~rtaUon right-of-way map
for Stite Ro,d 93 (I-75).
'". A~O INCLUDING THE FOLLOWING '.
Description or p~rt of SecUon 3~, Township ~) S~th,
~.~': ~ R*nge 26 Esst, *nd part or Section 2, Township S0 South, R~nge 2S East,
Collier County, Florida
;~ CO~ENCE at"an Iron pipe merklng the Northelst Corner of s~ld Section
~:. 2; thence North 8~* ~5* 01" West, 337,13 Feet ilong the N~th line
sold S~tlon ~ for · POINT OF BEGINNING; thence ~th 00' 0Z'
E~st. 5~.9~ ~eet: thence South ~' ~7' ~t"'Wes~, 2,300.70 feet; thence
· course troverslng from sold Section 35. South 19" 56* 02" West.
......., .., 2,q~1.7~ t~t; thence Horth ~S' ~6' ~6" West. 71.58 feet: thence Horth
01" 28~ 3~" West. 705,25 feet to the Easterly Lhnlted Access RIW Line
" S,R. ~51 ISKtlon 03175-2~09): thence South 10® 2~' 3~' East, 20~,~
feet; thence South 39® SZ' q2" Eos(. 20~.91 feet: thence South 80'
~: 58' East, 709.38 feet; thence North 89* 56~ 16" Eosl, 1,5117.~3 feet:
~ thence South 09® q~ 01" Eost. 2.3~6.61 feet to Ihe Southerly Ex;sting
~ Limited Accese RIW Line of S.R. 93 IO]t75-Z;1091: Ihence South 00*
19" East, 200,00 [eat to the POINT OF ~EGINNI~G,
Less and except the Eost 100.00 feet ther~f.
Containing 30.835 ocrei, more or less.
The entire project ~rea ~s 100.235 acres.
EXHIBIT B
SUBSTANTIAL DEVIATION SUFFICIENCY REPORT AND
SUBSTANTIAL DEVIATION SECOND SUFFICIENCY REPORT
ATTACHED BY REFERENCE HEREIN.
.---- m I
PL~/~NED UNIT DL~ELOP~ENT
TOLLGATE COMMERCIAL CENTER
PREPARED BY:
WILLIAM R. VINES, AICP
VINES, & ASSOCIATES, INC.
715 TENTH STREET SOUTH
NAPLES, FLORIDA 33940
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC 2-11-92
ORDINANCE NUMBER 92-10
AMENDMENTS AND REPEAL
79
I*LXIIIli IT "1)"
LIST OF EXHIBITS AND TABLE
STATEMENT OF COMPLIANCE iii
SECTION I PROPERTY O~ERSHIP & DESCRIPTION 1-1
SECTION II PROJECT DEVELOPMENT REQUIR~ENTS 2-1
SECTION III CO~ERCIAL AREAS PLAN FOR PARCEL "A" 3-1
SECTION IV COM~ERCIAL/LIGHT INDUSTRIAL AREAS FOR 4-1
PARCEL
SECTION V GENERAL DEVELOPMENT CO~ITMNTS .'. 5-1
EXHIBIT A PUD Mas~er Plan 6-1
TABLE I Schedule of Davalopmant 2-2
STATEMENT OF COMPLIA~CE
The development of approximately 100.23 acres of property in
Collier County and within an Interchange Activity Center, as a
Planned Unit Development to be known as Tollgate Commercial
Center, will be in. compliance with the planning goals and
objectives of Collier County as set forth in the Growth Management
Plan and it's provisions .for Interchange Activity Center
development. This compliance includes:
Activity Center Pro4ect
1. The subject property is located in an area identified as an
Interchange Activity Center in the Future Land Use Element
(FLUE) of the Growth Management Plan for Collier County.
2. Interstate Activity Centers are the preferred locations for
the concentration of commercial and mixed use development'
activities.
3. The subject tract is located on the northeast corner of the
intersection of CR-951 and CR-84. This strategic location
allows the site superior access for the placement of
commercial/industrial activities.
4. The project is in compliance with all applicable County
regulations. .In addition, the project complies with the
Growth Management Plan with the adoption of the Plan
amendment which allows for specifically approved heavy
business/light industrial uses to be developed in designated
interstate activity centers.
5. The project will be 'served by a complete range of services
and utilities as approved by the County.
6. The project is compatible with adjacent l~nd uses through the
internal arrangement of structures, the placement of land use
buffers, and the proposed development standards contained
herein.
7. The Planned Unit Developmen~ includes open spaces and
naturalized open features which serve as project amenities.
8. The project shall be developed in accordance with the
.. approved Master Development Plan and the existing PUD
document as approved. In addition, the project shall be
developed in accordance Mith all Collier County regulations
in effect at the. time of Final SDP or building permit
application.
9. Bind the owner's successor in title to any commitments made
under in this document.
-iii-
SECTION Z
PROPERTY OWNERSHIP ~/~D DESCRIPTION
PURPOSE
The purpose of this Section is to ~et 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 Tollgate Commercial Center.
LEGAL DESCRIPTION
Commencing at the southeast corner of Section 35, Township 49
South, Range 26 East, Collier County, Florida;
thence along the east line of said Section 35 North
le-56'-55" Wes~ 200.14 feet to a point on the north
right-of-way line of State Road 84 (Alligator Alley); thence
along said north right-of-way line, North 89'-45~-01" West
331.23 feet to a point of intersection of said north
right-of-way line of State Road 93 (I-75), and the Point of
Beginning of the parcel herein described;
thence continue along said right-of-way line of State Road 84
(Alligator Alley) on the following five courses:
1) North 89e-45t-01" West 2398.66 feet;
2). South 89'-56~-16" West 1547.43
3) North 80e-43~-58# West 709.38 feet;
4) North 39e-52~-42' West 209.91 feet;
5) North 100-24~-33" West 209.94 feet to a point on the
East Limited Access, right-of-way line of State Road 93
thence continue along said Limited Access, right-of-way line
of State 93 (I-75) on the following nine courses:
1) North 3e-19~-52" East 285.34 feet;
2) North 23*-37~-28" East 149.83 feet;
3) North 64e-12t-39# East 149.83 feet;
4) North 86e-37~-01" East 778.54 feet;
5) South 87~-55~-12" East 318.82 feet;
6) South 78~-44~-38" East 318.32 feet;
7) South 74'-09~-17" East 1199.30 feet;
8) South 73e-00~-33" East 1904.96 feet;
9) southeasterly 233.67 feet along the arc of a circular
curve concave to the northeast, having a radius of
116.2116 feet, subtended by a chord which bears South
75.-35~-07" East 233.67 feet to. the north right-of-way
line of State'Road 84 (Alligator Alley); and the Point
of Beginning of the parcel herein described;
1-1
being a part of south 1/2, Section 35, Township 49 South,
Range 26 East, Collier County, Florida;
subject to easements and restrictions of record;
containing 69.40 acres of land more or less;
bearings are based on Florida Department of
right-of-way map for State Road 93 (I-75).
ALSO INCLUDING THE FOLLOWING
Description of part of Section 35, Township 49 South, Range
26 East, and part of Section 2, Township 50 South, Range 26
East, Collier County, Florida
CO~ENCE at an iron pipe marking the Northeast Corner of said
Section 2; thence North 89° 45' 01" West, 337.83 feet along
' the North line of said Section 2 for a POINT OF BEGINNING;'
thence South 00" 02' 19" East, 59.98 feet; thence South 89'
57~ 41" West, 2,300.70 feet; thence on a course traversing
from said Section 35, South 89° 560 02" West, 2,448.74 feet;
thence North 45° 46~ 16" West, 71.58 feet; thence North 01°
28~ 34" West, 705.25 feet to the Easterly Limited Access
Line of S.R. 951 (Section 03175-2409); thence South 10° 24
33" East, 209.94 feet; thence South 39· 52' 4tn'East, 209.91
feet; thence South 80° 43' 58" East, 709.38 feet; thence
North 89° 56t 16" East, 1,547.43 feet; thence South .89° 45!
01" East, 2,396.67 feet to the Southerly Existing Limited
Access R/W Line of S.R. 93 (03175-2409); thence South 00' 02'
19" East, 200.00 feet to the POINT OF BEGINNING.
Less and except the East 100.00 feet thereof.
Containing 30.835 acres, more or less.
The entire project area is 100.235 acres.
Number of acres devoted to various categories of land use~
Development area 70.72
Water Management area 17.84
Road Right-of-Way 6.7
F.P.L. Easement 4.98
GENERAL LOCATION OF PROJECT SITE
Tollgate Commercial Center ~s located in the southeast
quadrant of the Interstate 1-75/CR-951 interchange,
approximately five miles east of the Naples Airport at the
eastern terminus of Davis Boulevard (SR 84).
1-2
~9~2~d~9_~B~IU~
The subject property is currently owned by and under the
unified control of Tollgate Commercial Center, a Florida
General Partnership.
A. V · -The project site is
designated Interstate Activity Center on the Collier
County Growth Management Plan.
B. ~_~ The project site is currently zoned.
PUD.
C. ~ At the present time the site is
unoccupied except for a 104 room motel.
D. ~ The adjacent lands are predominately
vacant at the present time. The northwest and southwest
corners of CR 951 and SR 84 are presently used as
gasoline service stations.
The properties north of the I-TS right-of-way and the
properties south of CR 84 ara vacant.
The ~levation of the project site varies from 9.8 feet to
11.6 feet. Tollgate Commercial Center lies within Zone X as
identified on the Federal Flood Insurance' Rate Map. Zone X
is identified as those areas between limits of the 100-year
flood and SOO-year flood. This means that no development
will be occurring within the 100-year flood prone area.
A. SOILS.' There are three types of soil cover on the
project site. They are Arzell fine sands, Keri fine
sands and Pompano fine sands. The d%stribution of these
soil types is shown in Map E.
B. V V · A breakdown of the vegetative cover
'of the project area is as follows:
VEGETATION COMMUNITY ACREAGE
',' Pineland 1.00
Saw Palmetto/Rusty Lyonia 4.21
Transitional Zone/Cypress 29.40
Functional Wetland 9.40
Cabbage Palm Heads 0.30
Improved/Platted 30.67
Cleared/Filled Unplatted Former R/w 21.66
F.P.L. R/W ~
i Total 100.24
;: There are no unique features of the vegetation. All
species and associations are "typical" for soil types
common to pine flatwoods of level sandy areas of Collier
County.
C. ~ Wildlife, observed or noted from tracks,
nests, etc. consisted of the representative species,
such as raccoon, snakes and wading birds, which normally
occur in an habitat such as the Tollgate Commercial
Center site.
No endangered or threatened species were observed on the
site.
D. HISTORICAL" OR ARCHAEOLOGICAL SITES= John Beriault,
Field Representative of the S.W. Florida Archaeological
i~i '. Society, searched for such sites and believes none exist
on the tract.
E. WASTEWATER MANAGEMENT= Waste water treatment is being
~ provided by the Collier County Sewage Treatment System.
Temporary on-site wastewater treatment facilities for
!~.. which all necessary permits have been granted may be
:ii~; .. installed during any period of time in which sewage
treatment service is not available from Collier County.
F. WATER MANAGEMENT: .The Water Management Plan provides
~%~, for site runoff transport to a system of hardwood
I~? .. forest, marsh, and open water ponds. The Water
Management Plan is designed to meet SFWMD and County
criteria.
~'- ,Minimum road elevations and discharge control will be
:,,. designed for the 25-year 3-day rainfall event. The
finished floor elevations will be established by the 100
,: year-zero discharge design event.
1-4
G. ~ Potable water is being supplied by the
Collier County Water-Sewer District.
Non-potable water utilized for landscape irrigation and
othsr non-human consumptive uses will be procured from
on-site wells, or from the County treate4 sewage
effluent distribution system.
H. ~ Solid ~aste is being disposed of at the
Collier County Sanitary Landfill. Collection is
/' provided by Waste Management of Collier County, a
franchised hauler.
I. ~J~ Electricity is being provided by the
Florida Power & Light Company, Inc.
,~ J. POLICE PROTECTION: Police protection is provided by the.
Collier County Sheriff Department.
K. FIRE PROTECTIO~ Fire protection is provided by the
.~. Golden Gate Fire Control and Rescue District.
L. ~ Telephone service is provided by United
/ Telephone of Florida.
SECTION II
PROTECT DEYELOPMENT REQUIREMENTS
~.x ~POSE
The purpose of this Section is to delineate and generally
describe the project plan of development, relationships to
applicable County ordinences, the respective land uses of the
tracts included in the project, as well as other project
relationships.
2.2 GENERAL
;~ A. Regulations, requirements and references for development
of Tollgate Commercial Center shall be in accordance
~:~' with the contents of this document. Where these
regulations fail to provide development standards, then
the provisions of the most similar district in the
Collier County Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms
shall be the same as the definitions set forth in
Collier County Land Development Code.
[~- C. All conditions imposed and all graphic material
~.~ presented depicting restrictions for the development of
'~5' Tollgate Commercial Center shall become part of 'the
"~ regulations which govern the manner in which the PUD
~' site may be developed.
D.. Unless specifically waived through variance or waiver
provisions within this PUD, those applicable regulations
not otherwise provided for in this PUD remain in full
force and effect,
E. E~ch tract, as identified on the Master Plan, shall
require the submittal, review and subsequent approval of.
a Site Development Plan prior to the issuance of a Final
Local Development Order.
2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND
A. The project Master Plan is iljustrated graphically by
Exhibit "A", PUD Master Development Plan.
SCHEDULE OF DEVELOPMENT
Project devalopment is. underway and will continue to build-
out.
The following schedule indicates the anticipated start and
completion dates for the various proJ,ct developmen= Phases.
Phase boundaries are indicated on thc Master Development
Plan.
TABLE I
% OF
PHASE ACREAGE SITE START COMPLETF.
I 54.51 54.4 1988 1993
II 26.44 26.4 1992 1995
' III 19.29 19.2 1993 1996
TOTALS 100.24 100.0
A. Table i is a schedule of Development, with the
approximate acreage of the total project indicated. The
arrangement of these land areas are shown on the PUD
Master Development Plan (Exhibit "A"). The Master
Development Plan ks an iljustrative pre l:iminary
development plan. Design criteria and layout is
iljustrative on the Master Development Plan and other
exhibits supporting this project. It shall be
understood that these exhibits are to remain flexible
so the final design may satisfy development objectives
and be consistent with the project development, as set
forth in this document.
Minor changes to the master plan shall be subject to the
· provisions of Section 2.7.3.5, Division 2.7, Article 2
of the Collier County Land Development Code. The final
.. size of the open space lands will depend on the actual
requirements for drive patterns, parking layout and
requirements, and development parcel ~ize and
configuration.
B. In addition to the various areas and specific items
shown in Exhibit "A#, such utility and other easements
as are necessary shall be established within or along
the various tracts.
RELATED ~ROJECT PLaN ~PPROV~L REOUIREMENTS
A. .Prior to the recording of a Record Plat, for all or part
of the PUD, final plans of all required improvements
shall receive approval of the appropriate Collier County
governmental agency to insure compliance with the PUD
Master Plan, and the Collier County Land Development
Code.
B. Exhibit "A", PUD Master Development Plan, constitutes
the required PUD Development Plan. Subsequent to or
concurrent with PUD approval, a Preliminary Subdivision.
Plat, if applicable, shall be submitted for any area to
be subdivided. Any division of property and the
development of the land shall be in compliance with the
Collier County Land Development Code and the platting
laws of the State of Florida.
c. The development of any tract or parcel contemplating fee
simple ownership of land shall be required to submit and
receive approval of a Preliminary Subdivision Plat in
conformance with requirements of Division 3.2, Article
3, of the Collier County Land Development Code, prior to
. the submittal of construction' plans and plat for any
portion of the tract or parcel.
D. Appropriate instruments will be provided at the time of
lnfrastructural improvements regarding any dedications
and method for providing perpetual maintenance of common
facilities.
E. The developer or subsequent owner of any platted parcel
or platted tract shall, prior to application for a
building permit, submit, a Site Development Plan (SDP) or
Pre%iminary Subdivision Plat for that tract or parcel to
the Development Services 'Department for approval for
applicable development subject to the provisions of
Division 3.3, Article 3 of the Collier County Land
Development Code.
,oo, 90
2-3
AHENDMENTS TO PUD DOCUMENT OR PUD H~STER PL~
be made to the PUD An
Amendments
may
as
provided
Section
2.7.3.5.1, Division 2.7, Article 2 of the Collier County Land
Development Code.
LIMITATIONS OF ~LRNNED UNIT DEVELOPMENT ~PP~OVaL
As provided for within Section 2.7.3.4, Division 2.7, Article
2 of the Collier County Land Development Code.
As provided for in Section 3.2.8.3.14~ D~vision 3.2, Article
3 of the Collier County Land Development Code.
~UD MONITORINa
An annual monitoring report shall be submitted pursuant to
Section 2.7.3.6, Division 2.7, Article 2 of the Collier
County Land Development Code.
2-4
SECTION III
COMMERCi~%L ]tRE;%S PL;~N
The purpose of this Section is to identify the type of'
Commercial Uses and development standards that will be
applied to the areas so designated on Exhibit "A", as "A"
Parcels.
"~' It is the intent of this document that hA" designated
~, ' development parcels be used for commercial purposes which
serve the motoring public using Interstate 1-75 as well as.
'}, providing limited commercial goods and services of an
;<. areawide nature for the Naples, Marco Island, Golden Gate and
the Immokalee urban areas.
Further it is the intent of this document that #A" designated
development percels shall be used in accordance with all
-. current Federal, State and County regulations in effect at
· the time final local development orders are issued except as
epecified otherwise in this document by the Collier County
· Board of County'.Commissioners.
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. ~
" No building or structure, or part thereof, shall be
· . erected, altered or used or land or water used, in whole
or in part for other then the following:
(a) Automobile service stations including engine tune-
ups and minor repairs, and car wash facilities
which are accessory uses.
'.'- .(b) Banks and financial institutions, business and
· . professional offices.
(c) Cocktail lounges and commercial entertainment.
.?.: (d) Convention and exhibition halls.
(e) Department stores; drug stores; dry cleaning shops
and dry goods stores.
(f) Electronic games and furniture sales.
(g} Ice cream shops and dairy drive-in stores.
.~. (h) Motels; hotels and other transient lodging
!' facilities.
~,, .-- (i) Research and design labs; restaurants and fast food
restaurants.
......... (J) Shopping centers.
(k) Souvenir stores and stationery stores.
.... (1) Supermarkets.
~? (m) Variety stores; vehicle rental-automobile and
U-haul type of vehicles and equipment including
;i' outside display; veterinary offices and clinics; no
~, outside kenneling.
il; (n) Any other commercial or professional service which
is comparable in nature with the foregoing uses and
which' the Planning Impementation Director
~ ..... determines to be compatible in the district.
B. Permitted Accessory Uses and Structures
(a) Any accessory uses or structures customarily
. associated with the permitted principal uses and
structures.
· ,,- (b) Caretakers residence'.
'---~'~%"r"Permitted Provisional Uses and Structures
(a) Car wash facilities which are principal uses.
· (b) Permitted uses with less than one thousand (1,000)
square feet gross floor area in the principal
structure.
3.4 Development Standards
(1) Minimum Lot Area: Ten thousand (10,000) square feet.
(2) Minimum Lot Width: One hundred (100) feet as measured
at the front building setback line.
3-2
~,.
(3) Minimum Yard Requirements=
(a) Front Yard - Twenty-five (2§) feet plus one (1)
foot for each two (2) feet of building height over
fifty (50) feet.
(b) Side yard - None or a minimum of five (5) feet with
unobstructed passage from front to rear yard for
non-residential uses. Fifteen (15) feet for
motels, hotels and transient lodging facilities
plus one (1) foot for each two (2) feet of building
height over fifty (50) feet.
(c) Rear Yard - Twenty-five (25) feet.
(d) Waterfront - Twenty-five (25} feet from the normal
water line of any artificially created body of'
water, excluding observation decks, bridges and
walkways.
(4) Maximum Height: One hundred (100) feet.
(5) Minimum Floor Area of Principal Structure: One thousand
(1,000) square feet per building on the ground floor,
except that gasoline service stations and other
permitted areas for which the principal activity does
not occur"in a structure shall not require a minimum
floor area.
(6) Maximum Density: Twenty-six (26) units per gross acre
of land for hotels, motels or transient lodging
facilities.
(7) Distance Between Principal Structures on same site:
one-half the sum of the heights.
(8) Signs: As required by Division 2.5 of the Land
Development Code.
(9) Minimum Off-Street Parking and Off-Street Loading
Requirements: As required by Division 2.3 of the
Collier County Land Development Code.
(10) Minimum Landscaping Requirements: As required by the
Collier County Land Development Code.
(11) Outside Merchandise Storage and Displaying: Unless
specifically authorized by this PUD document or by an
approved Site Development Plan, outside storage or
display of merchandise is prohibited.
3-3
SECTION IV
COM/~ERCIAL/LIGHT INDUSTRIAL USES
4.1 PURPOSE
,.. The purpos~ of this Section is to identify the type Of
Commercial/Industrial Uses and development standards that
will be applied to the areas designated on Exhibit "A" as
"B" Parcels.
4.2' DEVELOPMENT INTENT FOR PARC~
It is the intent of this document that "B" designated
development parcels by used for both "A" designated uses and
for the sale, service, transportation, storage and
distribution of goods and service to the traveling public on
1-75 and to the citizens of the area which can be served via
the access road systems.
A major function of these parcels is to serve as a focal
point for the arrival of goods from other points of the
region and country and then be processed for distribution to
the local trade market.
It is intended that inside storage and warehousing along with
limited assembly and manufacturing wholly within a building
and not obnoxious by reason of emission of odor, fumes, dust,
smoke, noise or vibration be permitted.
Further, it is the intent of this document that "B"
designated Parcels be used in accordance with all of the
current Federal, State and County regulations in effect at
the time final local development orders are issued except as
specified otherwise in this document or as may be approved
otherwise by the Collier County Board of Commissioners.
4.3 USES PERMITTED
NO building or structure, or part thereof, shall be erected,
· altered or used, or land or water used, in whole or in part
of other than the following:
.. A. Principal Uses:
(a) Any principal use or structure permitted on "A"
designated development parcels.
(b) Assembly operations in an enclosed building.
4-1
051 95
. :~ facilities~ bulk storage yards not including Junk
or salvage yards.
'~; (d) Car wash, communications service and equipment
, i.. repair.
(e) Freight movers and storage.
~~ (f) Laboratories, research, design and testing,
: ~' laundries~ lawn maintenance shops and plant
nurseries; light manufacturing or processing
li ~ (include food processing but not aUatoir; packaging
or fabricating in a.completely enclosed building).
/~i (g) Miscellaneous u,es such as express office,
telephone exchange, motor or bus or truck or other
transportation terminal and related uses;
motorcycle sales, service and repair; museums and
tourist attractions.
(h) New and used car sales, service and repair
including outside display.
(i) Offices, general purpose.
(J) Warehousing, wholesaling, storage and distributing
establishments and similar uses.
(k) Any other commercial or professional use which is
comparable in nature with the foregoing use~ and
which the Planning Implementation Director
determines'to be compatible in the district.
B. Permitted Accessory Uses end Structures~
(1) Any accessory use or structure customarily
associated with the permitted uses and structures.
C. Permitted Provisional Uses and Structur~s~
~. (1) Attached residence in coojunction with a business -
one (1) per business.
(2) Permitted use with less than 1,000 square feet
'?~' gross floor areas in the principal building.
4-2
(1) Minimum Lot Area: Ten thousand (10,000) square feet.
(2) Minimum Lot Width: One hundred (100)feet as measur.d
at the front building,setback line.
(3) Minimum Yard Requiremen~s:
(a) Front Yard - Twenty-five (25) feet.
(b) Side Yard - Non, or a minimum of five (5) feet with
unobstructed passage from front to rear yard for
non-residential uses. Fifteen (15) feet for
hotels, motels and transient lodging facilities
plus one (1) foot for each two (2) feet of building
height over fifty (50) feet. Attached residences
(c) Rear Yard - Twenty-five (25) feet.
(d) Waterfront - Twenty-five (25) feat from the normal
level of any artificially created body of water,
excluding observation decks, bridges and walkways.
(4) Maximum Height: One hundred (100) feet.
(5) Minimum Floor Area of Principal Structure: One thousand
(1,000) square feet per building on ground floor, except
that gasoline service stations and other permitted uses
for which the principal activity does not occur in a
structure shall not require a minimum floor area.
(6) Maximum Density: Twenty-six (26} un, ts per gross acre
of land for hotel, motel and transient lodging
facilities. ..
(7) Distance Between structures: One-half the sum of the
heights.
(8) Signs: As required by 'blvision 2.5 of the Collier
County Land Development Code.
(9) Minimum Off-Street Parking and Off-Street Loading
Requirements: As required by Division 2.3 of the
Collier County Land Development Code.
(10) Minimum Landscaping Requirements: As required by the
Collier County Land Development Code.
(11) Merchandise Storage and Display= Unless specifically
authorized by this ~PUD document or an approved Site
Development Plan, or of a nature which is permitted
generally, outside storage or diplay of merchandise is
prohibited.
· '~'~'~ SECTION ¥
GENERAL DEVELOPMENT COHHITHENTS
The purpose of this. Section is to set forth the standards for
A. The PUD Master Plan is an iljustrative preliminary
development plan.
B. The design criteria and layout iljustrated in the Master
Development Plan shall be interpreted as preliminary and
understood to be flexible so that the final design
best satisfy the project and comply with all applicable '
requirements. Minor design changes shall be permitted
subject to Staff approval.
C. All necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance of all service utilities.
D. Overall site design shall be harmonious in terms of
landscaping, enclosure of structure, locations'of all
· improved facilities, and location and treatment of
buffer areas.
5.3 ENGINEERING
A. The developer and all subsequent petitioners are hereby
placed on notice that they shall be required to satisf~
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 or final local
development order.
B. The project shall be platted in accordance with the
~? ~ Collier County Subdivision Code to define the
right-of-way, tracts, and water management areas as
shown on the master plan.
5-1
C. Landscaping shall not be placed within the water
~ management areas unless specifically approved by project
Review Services.
D. Provide a landscape buffer along the entire southern
i~' property line in accordances with Section 2.4.7.4 of the
Collier County Land Development Code.
E. Should the South Florida Water Management District,
during it's permit review process, require a natural
ii>: vegetative buffer be created between the lots and any
~,. Jurisdictional wetland Preserve and/or Conservation
.~ tract, the buffer shall not be located within the
boundaries of the lot(s) unless otherwise waived by the
South Florida Water Management District. It shall be
created as a separate platted tract or as a buffer
easement over an expanded limit of the Preserve tracts,
which would be dedicated as Preserve/Drainage tracts, to
include the buffer within the Preserve tract. If the
buffer is located within a separate tract, that tract
shall be dedicated on the plat to the project's
homeowners association or like entity for ownership and
maintenance responsibilities and if necessary, to
Collier County with no responsibility for maintenance.
All Preserve buffer easements or buffer tracts shall be
created in conformance with the provisions of Chapter
?04.06, Florida Statutes.
F. Land Development Code, Section 3.2.8.4.16.6 - Dead end
streets maximum length not to exceed 1,000 feet: Waived
to a maximum length of 1,050 feet.
:~,~ G. Land Development Regulations, Section 3.2.8.4.16 - All
.~ local streets within commercial subdivision shall be
~. designed according to the typical section for collector
.treats contained in the County Standards. Waiv.d
{i? subject to right-of-way and other dimensio, rec/~irements
for the roads to meet local street standards and the
pavements structure to meet collector standards.
H. Land Development Code, Section 3.2.8.4.7 - £asement=:
Utility easements will be provided as needed wi~h
i, Collier County utility easements (C.U.E.) at a minimum
i~ of fifteen (15) feet.
I. Land Development Code, Section, 3.2.8.3.17 - Sidewalks:
Not waived since existing phase already has sidewalks
and It will maintain the continuity for pedestrians
access purposes.
5.4
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 County
in accordance with the County's established rates.
C. The on-site water distribution system to serve the
project must be connected to the existing water .main on
Tollhouse . Drive and/or CR-84 rights-of-way consistent
with the main sizing requirements specified in the
County's Water Master Plan and extended throughout the
proJeot. During design of these 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
5-3
transmitted by one (1) main on-site pump station. Due
to the design and configuration of the master pump
station, flow by gravity into the station will not be
possible. The Developer's Engineer shall meet with the
County staff prior 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.
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,
,~ consisten~ with the County's Water Master Plan to insure
that the District's water system can hydraulically
provide a sufficient quantity of water 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 improved as required outside the
"- projects boundary to provide adequate capacity to
transport the additional wastewater generated without
adverse impact to the existing transmission facilities.
S.S WATER MANAGEMENT ;tND ENGINEERING
~ A. Detailed paving, grading, site drainage and'~tility
, plans shall be submitted to Project Review Services for
review. No construction permits shall be issued unless
i~ ~ and until approval of the proposed construction in
accordance with the submitted plans is granted by
· Project Review Services.
51 B. Work within Collier County right-of-way shall meet the
'i!' requirements of Collier County Right-of-Way Ordinance
No. 82-91.
'i'i'- C. An Excavation Permit will be required for the proposed
~,... , lake(s) in accordance with Division ~.5 of the Collier
,,~,'.~,~ County Land DevelOpment Code. The standards related to
~i, depths may be modified in accordance with DER and ACOE
T~ permits.
~'~,:" D., Each building site will be required to provide a minimum
.~ : 1/2 inch of dry pre-treatment on site, unless otherwise
~-. ~aived by South Flor!da Water Management District.
~-4
~.~ ~. All Jurisdictional wetlands and mitigation areas on-sits
shall be designated as conservation/preserve tracts or
easements on all construction plans and shall be
~!. recorded on the plat with protective covenants similar
to or as per Chapter ?04.06 of the Florida Statutes.
B. In the case of mitig~tion off-site any purchase must be
~I- within the Conservation and Recreational Lands (CARL) or
the Corkscrew Regional Ecological Watershed Lands (CREW)
or other areas approved for mitigation by the Florida
Department of Environmental Regulation. The ultimate
transfer of deed(s) of land(s) to Florida Department of
Natural Resources, Division of State Lands must occur
prior to final construction plan/plat approvals.
~' C. Control structures on-site shall be constructed in'
~'~ :,'.i', accordance with State and Federal permits.
~ '~'!' S.? ~YATER MANAGEMENT
,' ~'~ A. Detailed paving, grading, and site drainage plans shall
be submitted to Project Review Services for review. No
construction permits shall bm Issued unless and until
· approval of the proposed construction in accordar~e with
the submitted plans is granted by Project Review
Services.
B. Design and construction of all improvements shal'l be
subject to compliance with the appropriate provisions of
the Collier County Subdivision Regulations.
,~' C. ~n Excavation Permit will be required for the proposed
~ lake(s) in accordance with Division 3.5 of the Collier
:i%'. County Land Development Code. The standards related to
'~%~' depths may be modified in accordance with DER and ACOE
~,,. permits.
%1' D. A copy of SFWMD Permit or Early Work Permit is required
,~ .' prior to construction plan approval.
'-" E. Each building site will be required to provide a minimum
1/2 Inch of dry pre-treatment on site, unless otherwise
'i~!!: waived by South Ziorida Water ~anagement District.
$.8 TRANSPORTATION
A. The final location of major access points along Davis
Boulevard shall be determined during the SMP process.
Such major access points shall provide primary access
and internal road circulation and shall typically
include turn lane improvements based on projected
traffic conditions. Secondary access points between
Davis Boulevard and individual parcels shall
prohibited unless approved consistent with Ordinance
82-91 as may be amended and with the following access
control criteria:
2. proper geometric design
3, effects on the capacity of Davis Boulevard
4. traffic volumes using the proposed access point
5. other roadways providing access to the site
6, the combined effect of access to. any and a11'
tracts both within this PUD and adjacent PUb's
7, spacing of access points
Collier County reserves the right to close any approved
secondary access to and from Davis Boulevard should it
at any time be found to create a traffic hazard or to
adversely affect the capacity or level of service of
that roadway,
~ B. The road impact fee shall be as set forth in Ordinance
i/~ 85-55, as amended, and shall be paid at the time
~ building permits are issued unless otherwise approved by
the Board of County Commissioners,
i~'~ C, Access improvements shall not be subject to impact fee
-~ 6redits and shall be in place before any certificates of
occupancy are issued.
"~/ ~ D, All traffic control devices used shall conform with the
~.~, . .. Manual on Uniform Traffic Control Devices as required by
" Chapter 316.0747 Florida Statutes.
, ,oo, 05'1-G
I ;~.~ :~.~, 5-6
Vlnet& Associate. Inc
· lind planning
William R Vines. president
member, AICP
~ 715 tenth Itreet south
' naplel florida 33940
813,262'4164
February 10, 1992
?, Mr. Michael Volpe
County Commission Chairman
Collier County Government Complex
3301 East Tamiami Trail
' Naples, Florida 33962
Dear Mike:
? I have discussed the suggestion that you made regarding modification to the Housing
:.~' section of the Tollgate Development Order with the Protect owners and with the
i prelect attorney, Don Pickworth. All agree that they pre[er the language set forth in
~ the draft Development Order which has been furnished to the Board. If, however, it
Is necessary to modify the language to conform it to the suggestion you made in order
to secure Boa..rd approval, they would agree to the attached adiusted language.
Sincerely,
William R. Vines
~. ..... WRV/cbm
·
::~ ,:~. Enclosure