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Ordinance 90-026 ORDINANCE 90-_~6 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 48-25-5; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT FOR A COMMERCIAL DEVELOPMENT TO BE KNOWN AS LAWMETKA PI2%ZA AT THE NORTHWEST CORNER ~QF INTERSECTION SR 45 (NEW US 41) AJqD WIGGINS '.PASS ROAD (CR 865) LOCATED IN SECTION 16, .~OWNSHIP 48 SOUTH, PJ%NGE 25 EAST, COLLIER ' ~i~OUNTY, FLORIDA, CONSISTING OF 34± ACRES; AND '.:?BY._ PROVIDING AN EFFECTIVE DATE. ~WHEREAS, Frederick T. Barber III of Agnoli, Barber & Brundage, Inc., representing Lawmetka Partnership, 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 16, Township 48, Range 25 , Collier County, Florida,is changed from A-2 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 Number 48225-5, as described in Ordinance Number 82-2, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effectiv~ upon receipt of notice from the Secretary of State that this Ordihance has been filed with the Secretary of State. ~ DATE: ~4arch 27, 1990 BOARD OF COUNTY COMMISSIONERS COLLIER TY, FLORIDA ~s..c. GI'L~S, CLE~ ~X X. '~SSE,' ~., C~ ,~PROVED AS TO'.~O~ ~D LEGAL SUFFICIENCY ~ MARJ~IE M. STUDEHT ~e~ of~at~'~ O~flc~__ ]'.'u ~ ASSIST~T COUNTY ATTO~EY ~~o{~~ R-89-23 PUD ORDINANCE flli~ ~e~ 9~~ , nb/2582 ~~/~~ 34 ACRE PLANNED UNIT DEVELOPMENT LAWMETKA PLAZA BY LAWMETKA PARTNERSHIP Prepared by AGNOLI, DARBER & BRUNDAGE. INC. 7400 Tamiami Trail North Naples, Florida 33963 (813) 597-3111 DATE: September, 1989 Date Issued Date Approved by CCPC: Merch 15, 1990 Date Approved by B.C.C.: March 27, 1990 TABLE OF CONTENTS PAGE List of Exhibits and Tables .................................. i SECTION I Statement of Intent, Ownership, and Description ............................................. 1 SECTION II Project Development 4 SECTION III Neighborhood Commercial (Development Regulations) ............................................ 7 SECTION IV Specialty Commercial (Development Regulations ............................................. 10 ~CTION V Office Professional (Development Regulations ............................................. 14 SECTION VI Hotel/Motel (Development Regulations) ................... 16 SECTION VII Signs ................................................... 18 SECTION VIII Preserve District ....................................... 19 SECTION IX Utility and Engineering Standards and Commitments ....... 21 SECTION X Water Management Standards and Commitments .............. 23 SECTION XI Transportation Commitments .............................. 24 LIST OF EXHIBITS AND TABLES Exhibit "A" - Location Map Exhibit "B" - Master Plan Map Table I - Master Plan Land Use Reference P.U.D. DOCUMENT SECTION I STATEMENT OF INTENT, OWNERSHIP AND DESCRIPTION 1.1 INTRODUCTION It is the intent of this project to create an integrated commercial development with a compatible mixture of commer- cial land uses and open spaces. Lawmetka Partnership who has unified control over the subject property, intends to commence development of a mixed use activity center Planned Unit Devolopmont (PUD). It is the intent of Lawmetka Partnership to develop architecturally unified commercial establishments on the concept of arrangement and unified management control. The unified development approval under the PUD district designation will ensure that the shopping center is aesthetically pleasing and functionally efficient. It will allow an officiunt pattorn of internal circulation to be established and limited points of vehicular ingress and egress. These functional and aesthetic advantages, which cannot be provided in the conventional strip commer-cial development configurations, have been maximized and shall be sustained in the approval of this Planned Unit Development. This Planned Unit Development shall be limited to specific commercial uses which are compatible and inter-related to the business operations of a community shopping center. It is the interest of Lawmetka Partnership to continue development in accordance with the regulations of this Planned Unit Development. 1.2 PURPOSE The purpose of this document is to set forth guideline~ for development standards and to set forth the guidelines for future development of the Lawmetka Plaza Planned Unit Devel- opment. 1.3 LEGAL DESCRIPTION All that part of the Southeast 1/4 of the Northeast 1/4 of Section 16, Township 48 South, Range 25 East, Collier County, Florida lying westerly of right-of-way of S.R. 45 (New U.S. 41), Collier County, Florida. 1.4 PROPERTY OWNERSHIP AND STATEMENT OF UNIFIED CONTROL The property is owned and under the unified control of Lawmetka Partnership, a General Partnership. 1.5 SITE DESCRIPTION This site is located on the West side of S.R. 45 (New U.S. 41) at the Northwest corner of the intersection of S.R. 45 (New U.S. 41) and Wiggins Pass Road (CR 888). Access to the property will be via two entrances on S.R. 45 (New U.S. 41) and one entrance from Wiggins Pass Road (CR 888). Th~ site 1~ gel%~rally flat and naturally drains east/west. There are also two wetland areas on the property: one is located in the Northwest corner of the property and is approximately 2.0 acres in size; the other is located in the center of the property, runs east to west and is approxi- mately 6.0 acres in size. The wetlands are vegetated by Pine flatwoods and other indicator species. Exotic species infest the project to a varying degree; from heavy (with mature dense stands of trees) to light (with saplings). 1.6 STATEMENT OF COMPLIANCE WITH THE GROWTH MANAGEMENT PLA~ The development of Lawmetka Plaza as a Planned Unit Develop- meat is in compliance with the planning goals and objectives of Collier County's Growth Management Plan and complies with pertinent implementing ordinances. The project can be meas- ured for compliance with goals and objectives of the plan as evaluated in the review process. Compliance with specific parts of the plan includes the following: Future Land Use Element Compliance with the goal requiring well planned and compati- ble land uses and objectives which establish density levels are designated in the plan. The proposed project furthers these standards including the use of creative PUD design. Compliance with mixed use and compatibility standards for activity centers as established in the future land use element. Conservation and Coastal Management Element Compliance with Goal 6 and associated objectives and poli- cies related to preservation of naturally functioning wet- lands and preservation of natural habitat in project design. Compliance with Goal 7, conservation of wildlife. Compliance with the goals of protection of public health, safety and welfare and associated objectives by providing adequate water and sewer facilities and complianc~ with the drainage goal for protection from flooding by water manage- ment design. Compliance with level of service standards for 2 the design of public facilities. Compliance through the provision of open space preserves. Compliance with adopted level of servicu standards and obJQctivo~ aud policio8 rolatod to impact mitigation by agreements regarding access and traffic improvements. 1.7 SHORT TITLE This Ordinance shall be known and cited as the Lawmetka Plaza plannod unit dQVQlOpment. l t SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to set forth development regulations and to generally describe the project development plan. 2.2 GENERAL A, DQv~lopm~nt of this proJQct 8hall be govQrn~d by th~ contents o~ this document and applicable sections of the Collier County Zoning Ordinance and other land development regulations of Collier County in effect at the time Building permits are issued where standards are not specifically set forth herein. B. The project development plan will not exceed the maxi- mum square footage of any of the use categories sup- ported by the market analysis and iljustrated on the Conceptual Master Land Use Plan, but will allow certain latitude in the square footage developed, within the listed categories as market demand dictates. C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Zoning Ordinance or other applicable ordinances. 2.3 PROJECT PLAN A. The project development plan is represented by the PUD Conceptual Master Land Use Plan. As each phase is developed the development plan will provide for an integrated mixture of wetland areas, landscaping and water management areas. B. In addition to the plan elements shown on the PUD Con- ceptual Master Land Use Plan such easements and rights- of-way shall be established within or adjacent to the project site as may be necessary or desirable for the service, function, or convenience of the project. 2,4 PLAN APPROVAL A. The Conceptual Land Use Master Plan constitutes the required PUD Development Plan. Subsequent or concur- rent with PUD approval a Subdivision Master Plan shall be submitted of the entire area included in the Master Plan. Subdivision tract boundaries for wetland pre- serves may not include buffer areas outside of and 4 175 adjacent to wetland designated preserves. Ail division of property and the development of land shall be in compliance with Subdivision Regulations. Exceptions to these Subdivision Regulations may be considered in the Subdivision Master Plan (SMP) application. B. The provisions of Section 10.5 of the Zoning Ordinance shall apply to the development of all platted tracts or parcels of land as provided in said Section 10.5 to the issuance of a building permit or other development order. 2.5 SITE DEVELOPMENT AND REVISIONS The project shall be platted in accordance with Collier County Subdivision Regulations to define the right-of-way (ROW) and tracts as shown on the P.U.D. Master Plan, unless ownership is to remain with one entity (no fee simple selling of lots or tracts) and a Site Development Plan (SDP) is submitted for approval for tho entire area sncompas~ed by thm P.U.D. Mastor Plan. If a plat is to be recorded on this project, the following must occur prior to development of any individual parcel, tracts or lots: a. A SMP over the entire P.U.D. must be submitted and approved in accordance with the County Subdivision Regulations. b. Construction plan and plat for either the entire P.U.D. or that portion proposed for initial construction must be submitted and approved. Development of any platted tract or parcel shall be required to do the following: a. The developer of any platted tract or parcel which is not intended to be further subdivided, shall be requirmd to ~ubmit and receive approval of s prsliminary sits plan in conformance with the requirements established within Section 10.5 of the Zoning Ordinance, prior to the submittal of a final site plan. b. The developer of any platted tract or parcel which is intended to be further subdivided shall be required to submit and receive approval of a Subdivision Master Plan for that tract in conformance with requirements established with Article IX of the Subdivision Regula- tions, if the original SMP did not show specific development within that tract or parcel. Then, con- struction plans and a plat shall be submitted and approved. 5 176 / 2.6 RECORD PLAT APPROVAL REQUIREMENTS Prior to recording of the final plat, final plans for the required improvements shall receive the approval of the Zoning Director and appropriate other Collier County Departments and Officials to insure compliance with the project Conceptual Master Land Use Plan. Platting laws of the State of Florida and the Collier County Subdivision Regulations in effect at the time of construction plans approval will govern future subdivisions where standards are not specifically set forth herein. 2.7 STREETS All project streets shall be private at the option of the developer. 2.8 IMPACT FEES The project shall be subject to all lawfully adopted impact fees applicable to it at the time of construction plans approval. In the event future impact fees are adopted to assist with school, fire, or other public services financ- ing, such fees shall be applicable to the project in accord with the terms of the adopted impact fee ordinances in effect at the time of construction plans approval. 2.9 PROJECT START UP AND COMPLETION It is anticipated that initial development of the project will begin one year after adoption of PUD ordinance, and the anticipated completion date of the project will generally occur over a five year period or by 1995. Such dates are merely estimates and the actual commencement and completion date(s) may be affected by marketing and planning considera- tions. 2.10 Landscape Buffer The Developer agrees and commits that a twenty (20) foot buffer and landscape area shall be established on the north and west sides of Wiggins Pass Road and U.S. 41 respectively. SECTION III NEIGHBORHOOD COMMERCIAL PURPOSE purpose of this Section is to set forth the regulations the area designated on the Land Use Plan as Neighborhood Commercial. Neighborhood Commercial area is intended to meet the local neighborhood shopping and personal service needs of the surrounding residential area. Retail stores permitted are intended to include primarily convenience goods which are usually a daily necessity for the residential neighbor-hood. PERMITTED building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, other than the following: Principal Uses: 1. Automobile Dealership, sales and service - outside display permitted 2. Automobile servico stations without repairs in accordance with applicable zoning regulations 3. Bakery shops - including baking only when incidental to retail sales from the premises 4 Banks and financial institutions 5 Barber and beauty shops 6 Bicycle sales and service 7 Boat sales and service - outside display permitted 8 Bookstores 9 Cocktail Lounge 10 Delicatessens 11 Drug Stores 12 Dry cleaning 13 Family apparel shops 14 Florist shops 15 Food Markets 16 Gift Shops 17 Hardware stores 18 Ice Cream Shops 19. Laundries, self-service only 20. Liquor stores 21. Meat markets 22. Medical and dental clinics 23. Music store 24. Post offices 25. Professional offices 7 26. Repair shops - Radio, T.V., small appliance~ shoe 27. Restaurants 28. Shopping Center ~" 29. Supermarkets ~, 30. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Director determines to be com- patible in the district 31. Water management facilities and lakes B. Permitted Accessory Uses and Structures 1. Accessory ur]us and structures customarily associ- ated with the uses permitted in this district. 3.3 MINIMUM LOT AREA None 3.4 MINIMUM LOT WIDTH ~.~ None ~' 3.5 MINIMUM YARD REQUIREMENTS A. From Project Perimeter boundary lines - thirty-five (35) feet. From internal tract boundary lines - twenty (20) feet. ? B. Distance between principal buildings shall be a minimum of fifteen (15) feet or one-half (1/2) the sum of the heights of the two buildings, whichever is greater. 3.6 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES 1000 square feet per building on the ground floor except that free-standing specialty structures of nationally recognized standard size less than 1000 square feet shall be permitted when site plan approval has been received. 3.7 MAXIMUM HEIGHT Thirty-five (35) feet above the finished grade. 3.8 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIRE- MENTS As required by the Zoning Ordinance at the time permits are requested. 038 179 ~.9 MINIMUM LANDSCAPING REQUIREMENTS As required by the Zoning Ordinance of Collier County. 3.10 LIGHTING Lighting facilities shall be arranged in manner which will protect roadways and neighboring properties from direct light. 3.11 STORAGE Unle~m specifically permitted by cortain uses, there shall be no outside storage or display of merchandise. 3.12 UTILITY AREA Utility areas, including trash receptacles, shall be com- pletely screened from the view of customers and adjacent property owners to a height of 6 feet above finished grade. SECTION IV SPECIALTY CO~4ERCIAL ~ 4,0 PURPOS~ The purpose of this Section is to set forth the plan and regulations for the Areas designated on the Land Use Plan, as SDecialty Commercial. 4.1 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, for other than the following: " A, Principal 1. Antique Shops 2. Art studios 3. Art supply shops 4. Automobile Dealership, sales and service - outside {<~ display pormitted ~" 5. Automobile parts stores 6. Automobile service station without repairs in accordance with applicable zoning ordinances 7. Awning shops 8. Bakery shops 9. Banks and financial institutions l0 Barber and beauty shops 11 Bath supply storc~s 12 Bicycle sales and services 13 Blueprint shops 14 Boat sales and service - outside display permitted 15 Bookbinders 16 Book stores 17 Business machine service 18 Carpet sales - not including storag~ or l]~tnlXatlol~ 19. Child care center subject to site plan approval 20. Churches and other places of worship subject to site plan approval 21. Clothing stores 22. Cocktail lounges 23. Commercial recreation uses 24. Commercial schools 25. Confectionery and candy stores i: ~6. Policatosssns 27. Drug Stores 28. Dry cleaning shops 10 29. Dry goods stores 30. Florists shops 31. Funeral Homes 32. Furniture Stores ~3. Furrier shops 34. Garden supply stores - outside display in rear 35. General offices 36. Gift shops 37. Glass and mirror sales - not including on premise installation 38. Gourmet shop 39. Hardware stores 40. Hat cleaning and blocking 41. Health food stores 42 Hobby supply stores 43 Hotels 44 Ice cream stores 45 Interior decorating showrooms and office 46 Jewelry stores 47 Laundries, self-service only 48 Leather goods 49 Liquor stores 50. Locksmith 51. Markets, food 52. Markets, meat 53. Medical clinics 54. Millinery shops 55. Motels 56. Movie Theaters 57. Music stores 58. News stores 59. Office supply stores 60 Paint and wallpaper stores 61 Pet shops 62 Pet supply shops 63 Photographic equipment stores 64 Pottery stores 65 Printing, publishing and mimeograph service 66 Professional offices 67 Shoe repair 68 Shoe stores 69. Shopping centers 70 Souvenir stores 71 Stationery stores 72 Supermarkets 73 Tailor shops 74 Taxidermists 75 Tile sales - ceramic tile 76 Tobacco shop~ 77 Toy shops 78. Tropical fish stores 79. Variety mtore~ 11 80. Vehicle rental - automobiles only 81. Veterinarian offices and clinics - no outside k~nneling 82. Watch and precision instrument repair shops 83. Drapery shops 84. Upholstery shops 85. Bait and tackle shops 86. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Director determines to be com- patible in the district 87. Water management facilities and lakes B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associa- ted with the uses permitted in this district. 4.3 MINIMUM, LOT AREA None 4.4 MINIKUM LOT WIDTH None 4.5 MINIM73M YARD REQUIREMENTS A. From Project Perimeter boundary lines - thirty-five (35) feet. From internal tract boundary lines - twenty feet. B, Distance between principal structures shall be a minimum of fifteen (15) feet or one-half (1/2) the sum of the heights of the two buildings, whichever is greater. 4.6 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE A. 1000 square feet per building on the ground floor except that free standing specialty structures of nationally recognized standard size less than 1000 square feet shall be permitted when site plan approval has been received. B. The minimum living area of any hotel or motel unit per- mitted by this ordinance shall be three hundred (300) square feet. There shall be no maximum square footage. 4.7 MAXIMUM HEIGHT Fifty (50) feet above finished grade ! / < 4.8 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIRE- MENTS As required by the Zoning Ordinance at the time permits are requested. 4.9 MINIMUM LANDSCAPING REQUIREMENTS As required by the Zoning Ordinance of Collier County. 4.10 MERCHANDISE STORAGE AND DISPLAY Unless specifically permitted by certain uses, there shall be no outside storage or display of merchandise. 4.11 LIGHTING Lighting facilitiQs shall be arranged in manner which will protect roadways and neighboring properties from direct SECTION V OFFICE PROFESSIONAL 5.0 PURPOSE The purposo of this Section is to set forth the regulations for the area designated on the Land Use Plan as Office Pro- fessional. The Office Professional area is intended to meet the local personal service needs of the surrounding residential area. Uses permitted are intended to include primarily profes- sional and general offices which are usually a daily neces- sity for the residential neighborhood. 5.1 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, for other than the following: A. Principal Uses: 1. Art studios. Banks; Financial Institutions. 3 Business and Professional Offices. 4 Customer Service Extension offices. 5 Express Offices. 6 Health, Fitness Centers. 7 Insurance Company. 8 Library. 9 Medical offices for humans. 10. Post Office. 11. Radio and Television Stations. 12. Real Estate Offices. 13. Recruiting offices. 14. Travel Agencies. 15. Title Company. 16. Any other professional service which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures. 1. Accessory uses and structures customarily associ- ated with the uses permitted in this district. 5.2 MINIMUM LOT AREA None ! / 5.3 MINIMUM LOT WIDTH None 5.4 MINIMUM YARD REQUIREMENTS A. From Project Perimeter boundary lines - thirty-five (3§) feet. From internal tract boundary lines - twenty (20) feet. B. Distances between principal structures shall be a minimum of fifteen (15) feet or one-half the sum of the heights of ti%e two buildings, whichever is greater. 5.5 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES 1000 square feet per building on the ground floor except that free-standing specialty structures of nationally recognized standard size less than 1000 square feet shall be permitted when site plan approval has been received. 5.6 MAXIMUM HEIGHT Fifty (50) feet above the finished grade. 5.7 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING MINIMUM REQUIREMENTS. Aa required by tl~o Zoning Ordinance at tho time permits are requested. M NI UM L,',NDSCAPING REQUIREMENTS As required by the Zoning Ordinance of Collier County. 5.9 LIGHTING Lighting faailitio~ ahall be arranged in manner which will protect roadways and neighboring properties from direct light. 5.10 STORAGE There shall be no outside storage or display of merchandise. 5.11 UTILITY AREAS Utility areas, including trash receptacles, shall be corn- pl.tely screened from the view of customers and adjacent property owners to a height of six (6) feet above finished grade. 15 SECTION VI HOTEL/MOTEL 6.0 PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas designated on the I,and Use Plan, as HOtel/Mot.1. 6.1 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, for other than the following: A. Principal Uses: 1. Hotel 2. Motel 3. Homos for tha agod 4. Hospices 5. Adult/child care centers 6. Convalescent centers 7. Nursing homes 8. Rest homes 9. Sanitariums 10. Adult Congregate Living Facility 11. Any other use which is comparable in nature with the foregoing uses and which the director deter- mines to be compatible in the district. B. Permitted Accessory Uses and Structures. 1. Accessory uses and structures customarily associ- ated with the uses permitted in this district. 6.3 MINIMI/M LOT A.REA None 6.4 MINIMUM LOT WIDTH None 6.5 MINIM//M YARD REQUIREMENTS A. From Project Perimeter boundary lines - thirty-five (35} feet. From internal tract boundary lines - twenty (20) feet. 16 B. Distance between principal structures shall be a minimum of fifteen (15) feet or one-half the sum of the heights of the two buildings, whichever is greater. 6.6 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES 1000 square feet per building on the ground floor ~×copt that free-standing specialty structures o~~ nationally recognized standard size less than 1000 square feet shall be permitted when site plan approval has been recefved. 6.7 MAXIMLrM HEIGHT Fifty (50) feet above the finished grade. 6.8 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIRE- MENTS As required by the Zoning Ordinance at the time permits are requested. 6.9 MINIMUM LANDSCAPING REQUIREMENTS As required by the Zoning Ordinance of Collier County. 6.10 LIGHTING Lighting facilities shall be arranged in manner which will protect roadways and neighboring properties from direct light. 6.11 STORAGE There shall be no odtsido storage or display of merchandise. 6.12 UTILITY AREAS Utility areas, including trash receptacles, shall be com- pletely screened from the view of customers and adjacent property owners to a height of 6 feet above finished grade. 17 SECTION VII SIGNS Advertising signs shall be located and permitted in a manner consistent with the Collier County sign Ordinance 89-60 with the following exception, which is in addition to all otherwise per- mitted signs: Platted interior tracts are permitted 2 ground signs at the tract entrance not to exceed a total of 120 square feet at each tract entrance. SECTION VIII PRESERVE AREA 8.1 PURPOSE The purpose of the preserve area is to preserve and protect vegetation in its natural state. The purpose of this Section is to set forth the Dian and regulations for the area designated as Preserve Area. Specific preserve areas are located on the Conceptual Land Use Master Plan map. 8.2 USES PERMITTED No building or structure or part thereof ~hall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Open space/natural preserves 2. Passive recreation limited to nature trails and boardwalks with overlooks. There shall be no more than two boardwalks in the Preserve Area. 8.3 ENVIRONMENTAL STANDARDS AND CO~4ITMENTS A. All development is subject to Ozdinance No. 75-21 as amended by Ordinance No. 89-58 (preservation of nature habitat and tree removal permit). B. Pursuant to Ordinance No. 89-58 and Collier County Growth Management Plan Goal 6, Objective 6.2, Policies 6.2.2, 6.2.7, 6.2.9, 6.2.13, 6.2.14, and Objective 6.4, Policy 6.4.7 there shall be no unacceptable net loss of viable naturally functioning fresh water wetlands and twenty-five percent (25%) of the existing natural habi- tat shall be retained in preserve ar~as. Both the slough and hardwood hammock shall be designated as pre-serve areas and together shall total 8.4 ~.cres. This presurve area along with designated buffer areas satisfies the foregoing ordinances and goals, objectives, and policies for the entire project. C. The slough shall be bordered by a Suffer zone having a minimum width of twenty (20) feet on both sides. The hardwood hammock shall also be bordered along its southern edge by a buffer z¢.ne having a minimum width of twenty (20) feet. D. Pursuant to Collier County Growth ~.~anagement Plan Goal 7, Objective 7.3, Policies 7.3.4 ~,nd 7.3.5, the peti- tioner shall retain gopher tortoises on site or shall 19 / / relocate them according to Florida Game and Fresh Water i! Fish Commission (FGFWFC) protocol after contacting and receiving approval from the FGFWFC. E. PetitiOner shall be subject to ordinance No. 82-37 as amended by ordinance No. 89-53 (removal of exotic species). F. Petitioner shall be subject to Ordinance No. 89-57 (use of native species in landscaping). G. If, during the course of site clearing, excavation, or other construction activities, an archeological or his- torical site, artifact, or other indicator is discov- ered, all development at that location shall be immedi- ately stopped and the Natural Resources Management Department or a designated consultant shall be notified and given an opportunity to assess the find and deter- mine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activities. SECTION IX UTILITY AND ENGINEERING STANDARDS AND COHMITMENTS 9.0 PURPOSE The purpose ~of this Section is to set forth the general standards and commitments for development of the project. A. Water & Sewer: 1. Water distribution, sewage collection and trans- mission and interim water and/or sewer treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88- 78, as amended, and other applicable County rules and regulations. 2. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are avail-able to serve the project. 3. The on-site water distribution system to serve the project must be connected to the District's 16 inch water main on the west side of U.S. 41, ex- tended westward to the east boundary line of the project consistent with the main sizing require- ments specified in the County's Water Master Plan. The coordination for the location and sizing of the main extension shall be processed through the County Utility Division. During design of these facilities, the following features shall be incor- porated into the distribution system: a.Dead end mains shall be eliminated by looping the internal pipeline network. b. Stubs for future system interconnection with adjacent properties shall be provided to the west, and the south property lines of the project, at locations to be mutually agreed to by the County and the Developer during the design phase of the project. 21 / 4. The existing off-site water facilities of the Dis- '~- tract must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing commit-ted capacity. 5. The existing off-site sewaged transmission facili- ties of the district must be evaluated for hydrau- lic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the e×isting transmis~ion facilities. B. ENGINEERING 1. Detailed paving, grading, and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed con-struction in accordanced with the submitted plans is granted by Project Review Services. 2. Design and construction of all improvements shall be subject to compliance with the appropriate pro- visions of the Collier County Subdivision Regula- tions. 3. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 82-91. 4. The project shall be platted in accordance with Collier County Subdivision Regulations to define the right-of-way and parcels as shown on the Conceptual Land Use Master Plan. 5. At the time of building permit submission, a Florida Department of Transportation right-of-way permit shall be provided. 6. The local street for this project shall be signed according to the typical section for minor collector streets as required of the Subdivision Regulations to be determined at time of Subdivi- sion Master Plan approval. SECTION X ': WATER MANAGEMENT STANDARDS A~D COMMITMENTS 10.0 PURPOSE The purpose of this Section is to outline the general requirements which will be accommodated by the project's water management system, A. Detailed site drainage plans will 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. Florida Department of Transportation approval shall be submitted prior to construction plan approval identify- ing that the 40' drainage easement is adequate to accommodate a ditch to carry the drainage from U.S. 41 and surrounding areas. C. A copy of the South Florida Water Management District permit or Early Work permit is required prior to con- struction plan approval. D. A copy of the Jurisdictional Agency(s) permit allowing the use of wetlands for water management is rmquired prior to construction plan approval. SECTION XI TRANSPORTATION COM]4ITMENT$ ll,0 A. ' Subject to Florida Department of Transportation approval, ~ the developer shall provide left and right turn lanes on Tamiami Trail at both project accesses. Should any of the required turn lanes be constructed due to other development activity in the area prior to completion of this project, the develoDer shall provide a fair share reimbursement of the cost of such con- struction. The Florida Department of Transportation and Collier County each reserve the right to control median openings, both existing and future, and to limit access points to right turns in and right turns out. '~' B. The developer shall provide left and right turn lanes on Wiggins Pass Road at the project entrance. C. All road access points requiring turn lanez and use of existing right-of-way shall provide for compensating right-of-way dedication. D. Existing drainage easements, future drainage easements, and planned preserve areas shall remain available to Collier County and Florida Department of Transportation for future roadway water management purposes subject to appropriate capacity controls and operating controls. The responsibility for maintenance of such areas shall remain with the developer/owner and/or assignees. E. The northern access on Tamiami Trail shall be in align- ment with Old U.S. 41 (CR 887). The developer shall be responsible for any and all costs incurred in modifying the traffic signal installation st Old U.S. 41 so as to accommodate the project. F. The road impact fees shall be in accordance with the fee structure set forth in Ordinance 85-55, or as may be amended, less allowances for "captured" traffic, and shall be paid at the time building permits ars issued unless otherwise approved by the Board of County Com- missioners. G. All required access improvements shall be in place before any certificates of occupancy are issued and shall not i. be subject to impact fee credits. All traffic control devices used shall conform with roquiramont~ of tha ~Ua! on_Uniform Tra£fl~ Control 24 ?" ' 195 :" 098 ! Devices as required by Chapter 316.0747, Florida Statutes. I. Individual parcels within the project, including any out parcels, shall be accessed via the internal road system. None shall have direct access to Tamiami Trail or Wiggins Pass Road. The location of the access point into each tract form the internal road system shall be subject to Ordinance 82-91. J. Parcel B-1 may be expanded in size but not density only if the potential futura access to the northern adjacent property is not provided. : 25 STATE OF FLORIDA ) COUNTY OF COLLIER I, SAMES C. GILES, Ciu'rk of Courts in and for the Twent'.e',h Judlc;al Circuit, Col'let County, Florida, do hereby certlf¥ that Ordinance No. 90-26 ~d:ich was adopted by the Board of County Commissioners on the -~?tk day of 5~arch, 1990, during Regular Session. WITNESS my hand and the official seal of the Board of ,~. County Comm~ssioners of Collier County, Florida, ~his 4~h /1.'. day of April, 1990. ..... ,.~ JAM~$ ¢. OILE~ ',~"" , ~"'" · · .' ~¢~, ,' . t:.'. Clerk of Courts and Clesk.. ,-..L%.. "'" ~t:: Ex-officio to Board o~: .. ~.' .' ..:. ~ County Commissioners .~. ~ · ..': :'-~ '?.2.."...u ..'~.. Deputy Clerk ... CPi%CO PROJECT " LOCATION