Ordinance 88-07488-74
~x O~DZXAffCE ~X~IXO O~DIN_~qC~ 82-2, ~ ~-
OF ~l~ ~, ~RXDA, ~ ~TWG ~E O~C~
Z~ING A~ ~ ~ 4~29-8 BY ~GIRG
~ING ~SlFI~TI~ OF ~g ~EIN
FROF~ ~ ON ~ ~ SIDE OF SRoiJ ~ ~
A-I~ ~ ~ ~ ~ ~17~E" ~R 798 I~ID~AL
FR~D~HG ~l ~ E~ DA~.
~REAS, Mllsou, {ttlie~, Barton, BOll & Peek, Inc., petitioned tbs
Board of County Co~teetonere to chinp ZouinS ClJeeificitiott of the
hereJ~afteF described re~l property{
OF COLLIEI COUATT, FLOIIDAI
County, Florida is chensed fr0u A-L~H to I~D Planned Uuit Develojmeut, in
accordance with the FUD documut ftt~ched hereto as I~hibit #A# which b
incorporstod herein and by reference Bede pert hereof. The Official
Zouins Atl~ l~p mmher 46-29-8, os described in Ordinance 82-2, is
hereby amended ~ccordinglyz
This Ord~--~a olMll become effective upon notieo tht it bis bm
BeAle OF COUNTY
COLLI~ l:o;yF/~r, lq,O~IIlA
HERITAGE
A Pr, Ah*NED UNXT DEVEt, OPIIENT
345.6+ Acres ~ocated Iff Section 28 & 33
T~vnshlp 46 ~outh, Range 29 East
Collier County, FlorLda
PREPARED BYt
WILSON, KILLER, BARTON, SOLL & PEEK, XNC.
1383 AIRPORT ROAD, NORTH
NAPLES, FLORIDA 33942
SEPTEMBER 1988
DATE APPROVED BY CCPCt
DATE APPROVED BY BCCt
ORDINANCE NUMBERt
1-8-88
9-1o88
Sepbmtm:. 27; 1988
88-74
E X H I Bi'f- **.,4"
TABLE Or CONTENTS
LIST OF EXHIBITS PAGE
SECTION I
STATEHENT OF COHPLIAHCE AND SHORT TITLE ..............
SECTION IX
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION .......... .. 2-1
SECTION Ill
STATEHENT OF INTENT AND PROJECT DESCRIPTION
SECTION IV
RESIDENTIAL DEVELOPNENT REGULATIONS . ............... ,. 4-1
SECTION V
GOI, F COURSE, CLUBHOUSE, RECREATION, A~qD OPL~I SPACE ... 5-1
SECTION VI
COAPIERCIAL DEVELOPNENT REGULATIONS *****.** ....... **..
SECTION VII
CO~NUNITY USE DEVELOPNZNT RZGULATIONB
SECTION VIII
G~HEltAL DEVELOPHF~'T COHHITHL~qTB
· 'L~ST OF EXIIZBXTS
P.O,D. iqASTER PLAN, ~mB$&P FZLE NO,
EXHiBiT A
STATEHEHT OF COMPLIANCE AND SHORT TITLE
The purpose o! this section is to express the intent o£ Collier
Development Corporation hereinsfter referred to as the developer to
create a P.U.D. on ]4S.6+'ecres of land located in part of Section
28 S 33, To, ship 46 South, Rnnge 29 East, Collier County, Florida.
The name of this proposed pro,eot shall be ~ERITAGE. The
development of HERITAGE ae a planned unit development will be in
compliance with the planning goals end objectives o£ Collier County
as s~t forth in the Comprehensive Plan. The residential development
will be consistent with the growth policies end land development
regulations of the Comprehensive Plan Land Use Element end other
applicable documents for the following reasons:
The subject property has the necessary retlng points to
determine availability of adequate commnity facilities and
services in conformance with the Collier County Comprehensive
Plan.
The project is compatible with and complimentary to tho
surrounding land uses.
All improvements shall be in compliance with applicable
regulations.
The project development viii result in an efficient and
economical extension of com~unity £acilitisa and services.
The project development is planned to incorporate natural
systems for water management in accordance ~ith their natural
functions and capabilities.
SHORT TITLE
This 'Ordinance shall be known and cited aa the HERITAGE PoU,D,
Ordinance.
°e
SECTION l!
PROPERTY OWIqERSHIP /dqD LEGAL DESCRIPTION
2.1
PROPERTY OMNERSHIP
The subject property, is currently owned byt
Collier Developsent Corporation
3003 Tamiami Trail, North
#aplea, FL 33940
2.2
LEGAL DESCRIPTION
The subject property is described aa £ollovl~
Com, encing at the southwest corner 8f Section 28, Township 46
South, Range 20 East, run North 89 -~9'-45" East 09.56' to a
concrete monument, thence North 0 -51'-00" Welt 1101.82'
along the easterly right-o£-way line o£ S.R. 29 to the ~OIIF~
Or BEGINNING said point being on the East right-of-way line
of S.R. 29 and the. northerly right-o£-vay line of Kadison
Avenue, as shown off the Plat of Newmarket lubdivllion Il
~eco~ded in Platbook 1 Pagan 104 and 105 Public Records of
Collier County, Plo~ldal
thence continue Horth 0°-$1'-00 West 1260.00' along the
easterly right-~-way line of S.R. 291
thence North 89'-09'-00"~ Eaat 3409.30°1
thence South 45 -$4'-$0" East 3149o66'1
thence South 44°-Q$'-10" Welt 3300o00'1
thence Horth 45"-s4'-S0" West 4673.13' to the ~olnt of
Beginning, con~aining 345.6 acres~.
Tho he,sin described property is a part the southwest 1/4 of
Section 28 and a part of the northwest 1/4 of Section 33,
Township 46 South~ Range 29 East all in Collllr County,
Florida.
2-1
3.1
3.2
SECTION IX!
STATEMEHT Or XHTEH? AHD PROJECT DESCRIPTION
INTRODUCTION
The development obJbctive of this pro~ect Is the creation o£
the first planned urban residential lad golf courlS oriented
comtuflity in Immokalee. It is the developer's intention to
create a mixed use residential development with single sfld
multi-family housing as well si commsrcls1 and comnunity use
trscts. This development will also provide recreatioflsl and
support facilities such as an la-hole professional golf
course, driving range, clubhouse, swimming pools, tsnflil
courts, and any other additional facilities as may bs desmsd
desirable.
The residential tracts and facilities as shown on tbs P.U.D.
Naster Plan shall be located around proposed lakes and ·ream
of natural vegetation. The development shall demonstrate for
its residents an eminently desirabli, aesthetically pleasing,
and envi,onnentally sound way of life. It is the purpose of
this document to provide the rsquired standards and to set
forth guidelines for the future dsvelopment of tbs prelect.
FRACTIONALXZATION OF TRACTS
A. When the developer sells an entire tract or · building
parcel (fraction of a tract) to a subsequsnt owner, or
proposes development of such property himself, the developer
shall provide to the Zoning Director for approval, prior to
the development of such property, a boundary drawing shoving
the tract and. the building parcel thsreln (when spplicsble),
the number of dwelling units of each reeidefltisl type
assigned to the property, or the conercial squats footsge.
The drawing shall also show the location sad size of sccsss
to those fractional parts that do not ·but · public street.
a. In the event any residential tract or building p·rcs1 Is
sold by any subsequent owner, ·l identified in Section 3.2
(A), in fractional parts to other parties for development,
the subsequent owner shall provide to the Zoning Director,
for approval, prior to tbs development of a fractional part,
a boundary drawing showing his originally purchased tract or
building parcel and the fractional parts therein, where
applicable, and the number of dvs111flg units, or comssrcis1
square footage assigned to each of tbs fractional parts. Ths
drawing shall also show the location and size of access to
those fractional parts that do not abut · public street.
3.3
C. ;n evatuatin9 the fraetlonallsatlon plans~ the %on(hq
Director's decision for approval or denial shall be based on
coepliance with the criteria and the development intent as
set forth in this document, and conformance v/th allowable
numbers o! residential units and the reasonable accessibility
of the fractional parts to public or private roadways, cosmos
areas, or other means of ingress and egress.
D. If approval or denial o£ the fractional/marion plan is
not issued within fifteen (1S) working days, the lUblalllion
shall be considered automatically approved.
P.U.D. SITE PLAN APPROVAL PROCESS
A. 14hen P.U.D. site plan approval ia desired by the
developer or required by this document, the £ollov/ng
procedure shall be folloveds
A written request for site plan approval, eith the
appropriate fee shall be submitted to the Zoning Director
for approval. The request shall include ~ltlriall
necessary to demonstrate that the approval o£ the site
plan v/Il be in harmony with the general intent and
purpose o£ this document. The Zoning Director shall
distribute the materials to the appropriate reviewing
entities for their comments. Such mater/il may include,
but is not limited to the £olloving, where applicables
1) Site plans at an appropriate scale shoving general
locations of structures on the property; provisions for
ingress and egress, off-street loading areasl yards and
other open spaces.
2) Plans showing proposed lOcations for utilities hook-up.
3) Plans for screening and buffering where appropriate.
B. In the case of zero lot line, group housing, or cjustered
buildings, required property development regulations Imy be
valved or reduced provided a F.O.b. lite plan ii approved
under this Section.
¢. Site plan approval under this Section may occur
simultaneously with the fractionalLsation o£ tracts within
the pro~ect.
D. The Zoning Director shall issue written approval,
approval with conditions, or denial v/thin twenty
working days from the date o£ submittal. If approval or
denial is not issued within twenty (20) working days, the
submission shall be deemed approved. The developer or
subsequent owner may appeal a decision to the Board o£ County
Col~/ssioners.
3-2
M~J.E/t · ~&ATON · S4~L& I~E~IK
3,4
3.S
3.6
3.?
E. Prior to issuance of building permits for any develolmant
recpJlring P.U.D. site plan approval, a P.U.D. sits plan Ihall
be submitted for approval.
LAND USES
Table ! .is a schedule of the intended land usa types, with
approximate acreages and total dwelling units lndicatsd. The
arrangement of these land uss types il lho~ off Exhibit A,
the Iljustrac/ve P.U.D. master Plan. The P.U.D. HisSer Plan
is an iljustrative preliminary development plan. Changes and
variations in design and acreages shall be permitted at site
development plan approval to accommodate topography,
vegetation, and other site conditions. The specific location
and size of individual tracts and tbs assignment of dwelling
units thereto shall be submittsd to the Zoning Dirsctor for
approval or denial, as described in Section 3.2 of thio
document. The final size of the recreation and open space
lands will depend off the actual requirsnentl for vatar
management, roadway pattern, and dwelling unit list and
con£iguratiofl.
PROJECT DENSITT
The total project's gross acreage is approximatsly34S,6+
acres. The maximum number of dwelling units to bo built o~
the total acreage ia 798. The number of dwelling units per
gross acre is approximately 2.3. The density off individual
parcels of land throughout the project may vary according to
the type of housing placed on each parcel of land, in
accordance with the guidelines established in this document.
PERNITTKD VARIATIONS OF IN4ELLING UNITS
Ail properties designated for residential uses may bs
developed at the maximum number of dwelling units aa assigned
under Section 3.2, provided that tho total number of dwelling
units shall not exceed 798. The Zoning Director shell be
notified in accordance with Section 3.2 of such an increase
and the resulting reduction in the corresponding rsa~dsfltial
land use types or other categories so that the total number
of dwelling units shall not exceed 798.
DEVELOPMENT SEQUENCE AND SCHEDULE
The property is to be developed over on estimated 8 year tire
period. This projection of pro2ect development is no Bore
than an estimate based on current marketing knowlsdge. Ths
estimate may, of course, change depending upon futura
economic factors. Table I! indicates, by project year, the
estimated absorption of units for the development period,
3-3
~','61LJC)~ 6 Mti. L~Jt d BAJ~rc)E~ · ~OLL& PEEK. IIkK~
3,8
SITE CLEARING AND DRAINAGE
Clearing, grading, 'earthwork, and site drainage work shall be
performed tn accordance vith applicable Collier County
Ordinances, and the standards and commitments of this
document.
3.0 EASKNENT$ fOR UTILITIES
Eanements, where required, shall be provided for water
.anagement areas, utilities and other purposes as may be
needed. Said e~ssments and improvements shall bm
compliance with the applicable regulations iff effect st tho
tine approvals are requested.
All necessary easements, dedLcations, or other instruments
shall be granted to insure the continued operation and
maintenance of all service utilities in compliance with
applicable regulations in e£fect at the time approvals ara
requested.
LAKE SITING
As depicted on the P.U.D. Sister Plan, lakes and natural
areas have been preltmtnaraily sited. Tho goals of this are
to achieve an overall aesthetic character for the pro,ecS, to
permit optimum use of tho land, and to increase the
efficiency of the water management network. Accordingly, the
setback requirements described in Ordinance 80-26, Section
aA, as amended by Ordinance 83-3 may be reduced v/th
approval of the County Engineer. rill material from lakes is
planned to be utilized within the pro,ecS, however exCeSl
fill material may be utilized off-site, sub~sct to approval
of the County Engineer.
3 oll
EXCEPTIONS TO THE SUBDIVISION BEGULATXON~
The following requirements of the subdivision regulation
shall be waived sub~sct to review and approval I~Z tho County
Engineer at the time of construction plan submittal.
A. Article X, Section 19: Street Name Narkers - all traffic
control devices and st~ns Shall meet requirements of
USDOTFHlfA Manual. Street name signs shall be approved by
County Engineer.
a. Article X, Section 16~ Sidsvslks - sidsvslkl shall be Ln
accordance with Section S.4e o£'"this document.
3-4
Survey monuments shall be
state itatUtelo '
installed in accordance vith
lay be permitted to have two (2) ten foot llnll lub~ect to
the County Engineer's approval prior to construction plan
preparation.
Article X, Section 245 The requirement of utility casing
inltallation (with the ltipulation that ltl utilities are
installed prior to road construction}.
r. Article XI, Section lTls Curb Badii (reduce rlq~lirlllntl
from forty foot (40') radiul to thirty foot (30') radius
on internal intlrsect/ons only.)
G. Article XX, Section l?3t The requirement for 100 feet
minimum tangent at intersections.
Article XI, Section.21t Utility Casings if all utilities
are constructed prior to pavement construction.
I. Article Xl, Section lTEt Reverll Curvel - say be reduced
to S0 felt on collectorl and may not be lrlquired Off local
ltrlltl.
3. Article Xl, Section 17Hz Dead End Streets - tho imximm
dead end street shall be 1,500 feet vith"afl appropriate
cul-de-sac.
The developer intends to create a uniformly designed special
signage and identification lyltll including, but not limited
to, lubdivilion and lntranCl li~nl £Or the pro,act to
complimlnt the intended development themes and architectural
styles. Such signs are intended to be located and permitted
at all project entrance points, as veil aa at other
strateqically identified areas.
Utilization of the rights-of-way for landlcaping decorative
entrance ways, and 1Lgnage shall be rev/eyed and approved by
the County Engineer prior to any installations.
I~o project identification signs, each not to exceed
hundred and fifty (2S0) square feet and one prelect
3-S
3.13
3.14
identit/cation sign at each major entrance to the pro{eot riot
to exceed one hundred and £i£ty (ISO) square feet per
entrance. RaxLmum ~eLght, twenty-five fist (2S').
Essential services, in accordance vith Section 8,10a are
considered as an acceptable permitted uae on all land use
categories within the project. Essential Servicaa al defined
in Section 8.10b of the Zoning Ordinance are pare£tted ules
sub~ect to a Site Development Plan approval.
RO~DS
Xoads within the development ~ay be either public or private
fords, depending on location, capacity, and delign,
HERITAG1
'ESTImATeD
LAND
TABLE
DESCRIPTION
GOLF COURSE/CLUBHOUSE/RECREATION/
~PEN SPACE AREA
RESXDZ1TfXALAREA
COmmERCIAL AREA
LAKI/ENVIRON~ENTAL AREA
RIGHToOF-~Ay '.
DRiViNG RANG1
coSauaIrt UBE/rUTUR~ COaa~aCIAL
tOTAL tmlTS
PROJI~CT DENSITY
APPROXIRA~I
ACREAG1
116,S
122,0
13,0
S2,1
2S,6
4,6
11,8
798
2.3 UN~?S/ACll
NOTE
THEE1 ACREAGES ARB APPROXIRATE AND AR1 1UBJECT TO C~ANG1
THE 4.6 ACRE PARCEL IDENTIFIED ON THE PUD ~ASTER.PLANAN
COI~MUNITY USE/FUTURE COHHERCIAL SHALL BE USED IN CONFOP, AAN¢I
~ITR SECTION VII OF THIS DOCUNENT UNTIL A PUD ANENDRENT IS
APPROVED TO ALLOW COMHERClAL USE IN ACCORDANCE WITH SECTION
VI.
tmz?s
100
100
100
100
100
100
798 tmz~s
ES?IJltATED ABSORP?~ON SCHEDULE
CO~RERCIAL
ACREAGE
8.0
S,0
13,0 ACRES
ACRgAOE
?°2
4.1
4,2
4.3
4.4
SECTION IV
RESIDENTIAL DEVELOPHENT REGULATIONS
PURPOSE
The purpose o! this section is to delineate and generally
describe the project plan o! development, the respective land
uses included in the pro~ect aa yell as the project's
development criteria.
GENERAL
Regulations for development shall be in accordance vith the
contents o! this document, P.U.D. - Planned Unit Developleflt
District and other applicable sections and parts of the
"Collier County zoning Ordinance". Residential areas
designated on the master Plan are to accommodate · full range
of residential dwelling units, recreational facilities,
essential services, customary accessory uses, and compatible
land uses.
PERHITTKD AAXImUN NUHBKR OF DMELLING UNITS
A s~uximum number o£ 798 dvelling units may be constructed on
lands designated as residential.
PEIU~ITTED USES AND STRUCTURES
No building or structure, or part thereof, shall bo erected,
altered, or used, or land or rater used, in vhole or in part,
for other than the £ollovlflg~
A. Permitted Principal Uses and Structures:
Single family detached dvellLngs.
2) multi-family dvell/ngs.
3) Single family attached, cjuster housing,
housing, zero lot line and patio housing.
4) Tovnhouses.
group
S) Garden Apartment/Condominiums.
6) Water management facilities and lakes.
7) Interim utility and maintenance facilities.
8) manager's residence and off/cai.
9)
Any other use vhich is comparable in nature vith the
foregoing Ulef and vhich the Zoning Director
dptorminol to bo comestible in the district.
4.1
4.5
Perlitted ACClllOrF Ulll and Structuralt
l) CUltOlary aCClllOry Ulll Ifld ltructUrll,
2) Signs
3) Recreational Facilities.
Model units lhall be perlltted in conjunction with
the prOlOtiOn of thl devaloplent. The modll units
shall be converted to rllidencel at thl end of a two
year period Unllll otherwise specifically approved
by the County,
DEVELOPMENT STANDARDS
Table Il! lltl forth the development stlndlrdl for lind Rill
within the Residential areas.
Front yard setbacks shall be leisured as follower
A. If the parcel i~ served by · public right-o£-vay,
setback is measured tram the adjacent right-slowly line,
e. If the parcel is served by a private road, setback is
leiSured from the road easement or parcll line,
C. I£ the parcel ia served by a private drive, setback il
measured from the back of curb or edge of pavement.
Standards for parking, landlcapiflg, signs and other land uees
not specified herein ore to be in accordance v/th Collier
county zoning regulations in e£fect at the time permits are
requested. Oflless otherwise indicated, setback, heights, and
floor area standards apply to principal structures.
The portion of the residential tract in the louthaast corner
of the FroJect which abuts Nsdllofl Avenue Ihlll provide ·
landscape buffer in accordance with Section 8,37 of the
zoning Ordinance. No buffer iS required it the tract is
daveloped with a single-family detached housing type(s},
4-2
Residential Areas
TABLE
SINGLE
PErmITTED USES FAMILY
STANDARDS DETACHED
CATEGORY
ATTACHED VILLAS HULTZ-FAJ~ILY
PATIO ZERO CjustER TO~NHOUSE AND ~
· HOMES LOT LINE HOMES GARDEN APARTRKNT
2 3 4 5
mXNXmOa SITE 9000
AREA SF
S000 3500 2000 l
sr sr IF ACRE
SITE NIDTH 7S'
NIN. AVG.
SO' SO' 25' ~S0
SITE DEPTH 120'
miN. AVG.
100' 100' 10' 150
FRO~T YARD 2S~
SETBACK
SiDE YARD 7.5'
REAR YARD '20'
SETBACK PRINCIPAL
25' 2S* 20* 20*
S' 0' OR S~ 0~ OR S' iS*
20' IS' 20' 20'
REAR YARD *l 10'P
SETBACK ACSRY. 0'GCRO
10'P 10'P 10'P 10*P
0'GCRO 0'GCRO O'GCRO O*GCRO
JqAX. BUILDING 2
HEIGHT STORIES
ABOVE PARKING
DIST, BETMEEN 1S'
PRINCIPAL STR.
2 2 2 3
10' O' OR 10' 10' 1/~ Of
Sift
FLO~R AREA 1000 7SO 7SO 750
.INIm~ (s,r,)
DEPTH AVERAGE: Determined by diViding the ILte aria by the site
~idth.
SITE NIDT~z As defined by the Collier County Zoning Ordinance,
SBH~ (Sum of Building Heights)~ combined height o£ tvo adjacent
b-GTldings for the purpose of determining setback requirements.
Setback From Lakes~ Zero (0) feet providing architectural bank
~-~meflt incorporated into design, otherwise 1S feet.
,1
P - perimeter sites GCRO - Golf Course/Recreation/Open Space
Sites, -.
4-3
S,1
S.2
COURSE, CLUBIIOUSP~, RBCREA?XOH AHD OP~ SPA, CB
PURPOSE . ...
The purpose of this Section is to est forth the regulations
for the areas designated on Exhibit ~A~ P,U,D, ~aster Pl&n as ~
golf course, recreation, or open space.
PERNXTTED USES AND STRUCTURES
#o building or structure, or part thereof, shall be erected,
altered or used, or 1&nd or water used, in vhole or In part,
for other than the followings
A. Permitted Principal Uses and Structures
1) Golf Course
2)
3)
4)
Open space recreational activities and uses.
Clubhouses, Pro-shop, practice driving range, haslth
club, spa, and other customary uses of golf courses
and recreational facilities, both indoor and outdoor,
including maintenance area.
B. Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated vith
the principal uses permitted iff this district including
but not limited tom
l)
Small commercial establishments, including gift
shops, golf equipment sales, restaurants, cocktail
lounges, and similar uses, Intended to serve patrons
of the golf course or other permitted recreational
facilities.
5.3 DEVELOPNENT STANDARDS
Overall site design shall be harmonious in terms
oflafldscaplflg, enclosure of structures, location of access
streets and parking areas and location and treatment of
buffer areas.
aulldings aha1! be lit back · minimlm of twenty flys
feet from roadway and residential tract boundaries,
c. Lighting facilities shall be arranged in a manner which
will protect roadways and neighboring properties from
direct glare or other interference.
D. Haximun Height of StructurasI Fifty
I. ainiaum distance between principal atructurest
Fifteen (15) feet
Setback from lakess Zero (0) feet providing architectural
bank treatment is incorporated into design, otherwise
fifteen (15) feet.
minimum standards for parking, landscaping and lighting,
shall be in accordance with applicable Collier County
regulations in effect at the time permits ara sought,
Lighting' facilities shall be arranged in a manner which
will protect neighboring properties free direct glare or
other interference.
H. Project ldentiflcat'ion lignal
Two pro~ct identification signs, each not to exceed tva
hundred and fifty (250) square £eet! and one pro~ect
idefltilicatiofl sign at each meier entrance to the
clubhouse or golf course not to exceed one hundred and
fifty (150) square feet per entrance, maximum height,
twenty-five feet (25'). A minimum front setback of
five feet (5'} shall be provided if tho project
identification signs are frae standing.
5-2
6,1
6.2
PURPOSE .'
for the areal designated on lxhibit :&:: f,O,O, Salter flan
al commercial.
rERJqXTTKD USES AND STRUCTUREd
No building or structure, or part theraof~ shall be erectld~
altered, or uled, or land or rater usad~ in vhole or in part~
£or other than the following:
l) Antique Shops
2) Applianca StOreS
3) Art Studios
4) Ar~ Supplies
S) Automobile Servica Stations
6) Bakery Shops .(including baking lncidlntal to retail
or vholelale lalel)
7) Banks (branch or main of£1ce)~ and financial
Institutions
8} Barber and Beauty Shops
9) Ba~h supply Stores
10) Bicycle Sales and Services
lie Book Stores
12) Child Care Canters
13} Clothing Stores
14) Cocktail Lounges
15} Cotmarcial Recreation (indoor)
16) Confectionery and Candy Stores
17) Delicatessen; Drug Stores; Dry Cleaning Shoplf Dry
Goods S~orel and Department Stores
18) Electric Supply StOral
19) Fish Stores; Florist Shops; rood ~arkets; Furniture
Shores; furrier Shops and Fast rood neatauranEl
20) Gi£~ Shops, Oournet Shops
21) nardvare Stores; Health rood S~orea; Hobby Supply
S~orel
22) lc, Cream Stores; ice Sales; Zn~erior Decorating
Shovrooml
6 M~LEA · 8~0~ · SOIL& P~Eq ~dC
6.3
23) 3evelry Stores
24) Laundries, Leather Goods, and Luggage Stores;
Locksmiths .and Liquor Stores
25) Meat Market; Medics! Office or Clinic for Itumafl Care;
Millinery Shops; Motion Picture Theater; Music Stores
26) Office (Retail or Professional); Off/ce Supply Stores
27) Paint and wallpaper Stores; Pet Shops; Pet Supply
Stores; PhotographLc Equipment Stores/ Post Off/ce
28) Radio and Television Sales Service; Small Appliance
Stores; Shoe Sales and Repairs; Restaurants
29) Stationery Stores; Shopping Centers; Supermarkets
30) Tailor Shops; Tobacco Shops; Toy Shops; Tropical Fish
Stores
31) Variety Stores; Veterinary Offices and Clinics (no
outside kenneling!
32} Watch and Precision Instrument Sales and Repair
33) Any other commercial usa or professional service
which ii comparable in nature with the foregoing uses
and which the Zoning Director determines to be
compatible in the district.
B. Permitted Accessory Uses and Structureas
1) Accessory uses and structures in accordance with
Section 8.10a of the Zoning Ordinance, customarily
associated with tho uses permitted iff this district.
Accessory uses and structures in accordance with
Section 8.10b of the Zoning Ordinance are sub, eot to
Site Oevelopment Plan approval in accordance with
Section 10.5 of the Zoning Ordinance.
2) Caretaker's residence.
DEVELOPMENT STANDARDS
A. Minimum Site Area; To be determined at the tile
fractioflalization of tracts iff accordance vtth Section
3.2 of this document. .
B, Minimum Site #idthz To bm determined et the t/mo
fractionalisatton of tracts in accordance v/th faction
3.2 of this document,
C. Minimum Yard Requiramentas
1) Front yard - Fifteen feat {IS') within which no
parking shall be alloyed nor any merchandise stored
or displayed.
6-2
D)
H)
r!
2) Side yard - ~one, or I l/nimul of f/vi feet (S') with
unobstructed passage from front yard to rear yard.
3) Rear yard - fifteen feet (IS') except when abutting
a residentially zoned parcel.
4) Any yard abutting a residentially toned parcel -
~lfty feet ($0'),
~aximum Height of Structureat ~hirty five feet (3S')
xinimum Floor Area o£ Structurelt 1,000 squire felt per
building on the ground floor.
Distance Between Structurest Same as for olde yard
setback.
G) HlnLmum standards £or parking, landscaping and ILghting~
shall be in accordance with applicable Collier County
regulations in ef£ect at the time permitl are Iought,
Lighting facilities shall be arranged An a manner which
will protect neighborLng properties from direct glare or
other interference.
A site developnent plan shall bo submitted for review and
approval by Collier County, Ln accordance with Section
10.S o~ the Collier County Zoning Ordinance.
1) Individual Burliness s/grief
Wall and marquee signs-total of tva par unit with an
ires not lore thin twenty percent (20%) of the
total square footage of the front vail or facade
with a maximum of 250 square feet. rot corner end
units, two signs nay be permitted, provided the
total aggregated area does not exceed 2S0 square
feet. Hanging sign-one per_unit, belay the canopy
of the shopping center, with a maximum area of
twelve (12) squire
2) Out Parcel
wall and marquee s/gna-tva per out parcel, each Ilgn
vith an area not to exceed 20% of the total square
footage o! the vall to vhich it shall bi affixed
with a llXimul of 250 Iquari feet per sign, OR one
viAl/marquee eLgn (lame iLse as permLtted abo~-20%
v/th maximum of 250 square feet) and one
6-3
3)
4)
free-standing, on-premise sign per out parcel with a
maximum size of one hundred (100! sguare feet.
maximum height of free-standing sign is tventy-five
f~et !2S'!'. ~lnimum front setback for free-standing
s~gn zs f~ve ~eet (S*).
Project Identification Signs~
Tvs pro~ect identification signs, each not to exceed
tvs hundred and fifty (250) square fset~ and one
p,o~ect identification sign at each ma~or entrance
to the shopping center not to exceed one hundred and
fifty (IS0) square feet per entrance. I~axlmum
height, ~venty-f/ve feet (2S'). A mLflimm front
setback of five (S') shall be provided If the
pco~ect identification signs ere free-standing.
Additional Design Xeguiremefltat
Additional guidelines vhich are more stringent than
those contained in the Zoning ordinance in effect at
the timbal application for a building permit may be
established by the developer to ensure maximum
consistency and continuity in the design and
location of signs.
6-4
7,1.
7.2
7.3
SECTIOH
CO~MUNXTY USE DEVELOPMENT REGULATXONS
pUnPOSE
The purpose of thl~ Sectio~ is to set forth the regulations
£or the areas designated on Exhibit 'A', ff.U.D. Heater elan
as comtunity use.
PEItMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
altered, or used, or land or rater used, in vhole or Ln part,
for other than the folloviflgt
A. Permitted Principal Uses and Structurelt
1) T~enty-four hour emergency services vith tranlporta-
tion.
2} T~enty-thres hour observation unit.
3) Acute ca~a bads
4) Obstetrical services/birthing center.
S) Professional medical related offices.
6) Any other co~munity ule or service vhich Il colparabla
in nature vith the foreqoing eesl and vhich the Zoning
Director determinel to be compatible in the district.
B. Permitted AccessOry Uses and Structurest
l) Accessory uses and structures customarily associated
vith the uses permtttsd iff this district.
DEVELOP~ENT STANDARDS
A. Minimum Site Areat
fractionalizatiofl of
3.2 of this docvment.
B. ~/ntmum Site #tdths
fractionalisation of
3.2 of this document.
To be determined at the time
tracts in accordance vith Section
To be determined at the time
Lracts tn accordanca vtth Section
7-1
Nlnimum Yard Rsquirsmsntat
1) Front yard - Fifteen £slt ilS') within which no
parking shall be allowed nor any merchandise stored
or displayed.
2} Side yard - Nons, or a minimum o£ five feet (S') with
unobstructed passage from £ront yard to rear yard.
3) Rear yard - fifteen feet (iS').
D. Nix/mum Height of Structuralt Fifty ~eat (SO')
Minimum riser Area of Structures: 1,000 square feet per
building on the ground floor.
r. Distance Between Structureat lame il for lido yard
setback.
Ninllum .standards for parking, landscaping and l/ghtLflg,
shall be in accordance with applicable Collier County
regulations Iff effect at tho time port/ts ara Bought.
Lighting facilities Ihal! bi arranged in a Banner which
rill protect neighboring properties from direct glare or
erbar Interference.
I litl development plan shall be subsisted for review lnd
approval by Collier County, Iff accordance vLth faction
10.S of the Collier County Zoning Ordinance.
Z. Pro~sct ~dentif/cation Signal
Tva pro,act identification signs, each not to exceed two
hundred and fifty (2S0) square feetl and one pro,oct
identification sign at each moor entrance to the
couuflity uae tract not to exceed one hundred and fifty
(la0) square feet per entrance. ~aximum height,
tvsnty-£Lve feet (25'). A minimum front yard sitback of
five feet (S'} shall be provided if the project
identification signs are frae-standing. .
7-2
8.1 PURPOSE
SECTIOH VXX!
GEHERAL .DEVELOPMEHT COf~IT~IEHTS
The purpose of this Section Is to set forth the general
conitmeflts for development of the pro,act.
8.2 P.U,D, MASTER PF.J~
8.3
8.4
A. The P.U.D. ~aster Plan (#llson, #111er, Barton, Bo11 &
Peek, Inc. Draying File No. RZ-165, Exhibit 'A') ii afl
iljustrative preliminary development plan.
e. The design criteria and layout Iljustrated on the Master
Plan and the exhibits supporting this pro~ect ah&Il be
understood as £1exible so that the final design ny satisfy
the project and comply w/th all applicable requirements.
Acreages shown on the P.U.D. Master Plan are approximate and
changes to accouodate final engineering plans shall be
approved in accordance with Section 3,3 of this document,
C. Hesmer Plan design changes shall be permitted sub, act to
County staf£ administrative approval, when such changes Ire
consistent with the intent of this pro,act.
D. All necessary easements, dedications, or other instruments
sh~ll be granted to insure the continued operation and
maintenance of all service utilities.
SOLID WASTE DISPOSAL
Arrangements and agreements shall be with the approved solid
vast~ disposal service to provide for solid waste collection
service to all areas of the pro~ect.
TRAFFIC XMPROVENENTS .
A. The Florida Department of Transportation IS currently
planning improvements to S.R. 29 along with tam intersection
of S.R. 29 and ~lev Narket Road. Since the pro~ect access
points along S.R. 20 may be within the areas designated for
future improvement, all access points shall be coordinated
with and eub~ect to FDOT approval, where access points are
approved, access shall incorporate appropriate left and right
turn lanes on S.R. 29 and appropriate turning movement
controls along the access roads. Tho ma~or access points on
S.S. 29 shall provide for arterial level street llghtlna and
should such access points warrant signalization Iff the fu[ure,
8-1
the developer shall provide a fair share contribution toward
tho capital cost of tra££ic signals at the project entrances
on S.R. 29. The signals, upon installation, gould be owned,
operated, and maintained by Collier County.
B. Additional proJoct access in proposed £ron Nadlson
Avenue, Lee Street, and #er ~arket Road. Since traffic
movements on these roads may substantially increase and/or
result in changes to traf£Lc patterns, the developer nhall~
assist the County Transportation Department in Implementing
any changes to traf£Lc control devices due to the proposed
development. An example of a traffic pattern change may be
the establishment of a four-gay STOP at the intersection of
Lea street and mad/son Avenue. Should the above changes in
traffic patterns warrant a signal installation or flashing
beacon at New ~arket and Lee Street, the developer ihall
provide a fair share contribution toward the capital cost o£
the improvements.
C. AXX traffic control devLcsa used, excluding street name
signs, shall con£orm with the ~afluaX Off Uniform Traffic
Control Devices (Chapter 316.0747, ~Xo~lda Itatutea);
D. These improvements are considered °site relateds an
defined in Ordiflanee OS-SS and shall not be &ppXled an credits
toward any impact fees.required by that ordinance.
E. Sidewalks shall be provided on both sides of the loop
road connecting S.R. 29 and Lee Street. Sidewalks shall be
provided on at least one side of the internal °loopf road and
all other roads over 1,000' in length.
r. The project vii1 comply with the Growth Kanageleflt fflan*n
adopted strategies for dealing with level of service issues on
state Roads.
8,5
UTXLZTXES
A. Telephone, power, and T.V, cable service shall bo made
available to the project. All such utility linen shall be
installed underground.
B. Central water supply and vaatevater collectio~ systems
shall be incorporated into this development. A letter sha~
be obtainsd from the Znokalee Utilities, Inc. approving the
extension of water lines prior to site development,
8-2
A. Detailed site drainage plane shall be submitted to the
County Engineer for review. #o construction permits shall be
issued unless and until approvaX of the proposed construction
in accordance with' the submitted plans la granted by the
County Engineer.
B. AA Excavation Permit gill be required for the proposed
lakes in accordance with Collier County Ordinance I{o, 00-26,
aa amended by Ordinance No. 83-3, and aa may be amended in the
£uture.
C. A 20 £t. vide strip o£ land along the ~adison Avenue
£rontage east of the weir control structure to the easterly
limit o! Petitioner's property ownership shall be dedicated as
a drainage easement for road swale v/den/fig and maintenance
purposes. .Petitioner shall upgrada the pro~ect outfall, as
necessary, to the railroad drainage cinal tO accommodate
design discharges.
8.7 ~V l RO~ENTAL
A. Petitioner shall be eub~ect to Ordinance 7S-21 [or tho
tree/vegetation removal ordinance in existence at the time of
permittingJ, requiring the acquisition of a tree removal
permit prior to any land clearing. A site clearing plan shell
be submitted to the Natural Resources Nanagemant Department
and the Community Development Pi.V/lion for their review and
approval prior to any substantial york on the lite. This plan
may be submitted in phases to coincide with the dlveloplant
schedule. The site clearing plan shell clearly depict how the
final lite layout Incorporates reteined native vegltltion to
the maximum extent possible and how reeds, buildings, lakel,
parking lots, and other facilltiel hive been oriented to
accommodate this goal.
e. Native species shall be utilized, where available! tO the
maximum extent possible in the site landscaping design. A
landscaping plan viii be submitted to the Natural Resources
Management Department and the Community Development Division
~or their review and approval. This plan viii depict the
incorporation of native species and their mix with other
species, if any. The goal of alta landscaping shall be the
re-creation o£ native vegetation and habitat characteristics
lost on the site during construction.
c. All exotic plants, aa defined Ln the County Code, lhall be
removed during each phase of construction £rom development
areas, open space areas, and preserve areas, following site
development a maintenance program shall be lmplellntld tO
prevent reinvasion o£ thl lite !~ lUCh exotic IplCill. 1~til
plan, which will describe control techniques and inlpsction
iht·twain, shall be filed with and approved by the Natural
Resources flaflagement Department and the Connunity
Division.
D. If during the course of site elearingw excavation~ or
other constructional activities, an srchseologlcsl or
historical site, srtifsct, or other indicator is dlscovsredw
all development at that location shall be immediately stopped
and the Natural Resources management Department notified.
Development will bs suspended for a sufficient length o! time
to enable the natural resources Nansgement Depsrtment or a
desiqnatsd consultant to assess the find and determine the
proper course of action in regard to its salvegesbllity. The
Natural Resources management Department will respond to any
such notification in a timely and efficient manner so dS tO
provide on1¥ a minimal interruption to any constructionsl
activities.
~. The freshwater marsh community Just east of th· center of
the property shall be preserved. The boundaries o£ this
wetland habitat shall be flagged I~, the pstitioner~ and
sub~ect to the revln~ and approval o~ N~D. Areas stand th~
periphery al the narsh ~y be excavated to
proposed retention leks, provided th~ · corridor fro~ the
island sarah habitat across khe periphernl lake a~a
naln~ained. This corridor ~ould provide fat
to the wetlands co~nity.
F. The low hammock islands in the wetlands ·rems shall~ where
feasible, be incorporated into the l·ndscapo element of the
proposed development.
O. A minimum of clearing shall be permitted in the scrub oak
area near the northern property corner. Only narrow corridors
shall be cleared to alloy for recreational open space ·re·s.
No lakes shall be located within the scrub oak area, Oaks
which a~e removed from within this habitat shall, where
~sasible, be transplanted ·round the periphery of the oak
area. Zf a scrub ~ay nesting ar·a is located within ·
proposed recreational corridor, apppropriate measures shall be
taken to relocate the corridog to &ccouuodate the nesting
area. The boundaries of this xeric habitat shall be fenced
prior to development to protect the ·re· from unnecessary
construction disturbflnces.
X®
Le
8,8
Litters! zones of lakes shall maintain a slope of lt4 to a
depth o! 4 feet. The slope of lake shores ad,scent to the oak
scrub area (northern property earner} shal! be implemented in
this area to prevent destebllisation of sensitive habitats.
All littoral sones shal! be revegetated with native aquatic
species, and the eneroechmant of exotic vegetation in thais
areas shall be controlled,
Existing nat/Ye vegetatLon Lfl the proposed "rough" areas cf
the golf course shall be conserved in place, where proper
design of golf course permits.
The site clearing plan for the 1~ shall incorporate si much
of the existing native habltat aa feasible into the
development. In addition to those areas specified in
stipulations 8.7E., F., G., and X., of this document
attention shal! be directed to the preservation o£ native
vegetation in the proposed commercial and eoannlty usa
tracts, where tenant oak assa-~lagea and pine eommunitlss
exist.
The petXtLoner shall arrange for a gopher tortoise lu~vay to
be completed by knowledgeable personnel, and the nsceasar]~
procedures for gopher tortoise relocation (rlorLda Game and
rreshvater Fish Co--assiGn) shall be relieved in tho event a
gopher tortoise Ls found.
The petLtLoner shall, vhera feasible, ma/nta/n individual oak
trees iff their exLst/flg locations, or transplant and
incorporate the trees into the landscape element of the
development.
archaeological review shall be mdg prLor to anyme~or
development on site.
Fire Protection
A. The prelect development shall comply v/th all appXlflble
fire codes and regulations, rife h~rantl shall he /petalled
in accordance vith current regulations at the time of
construction.
n. Pr/or to issuance of building permits for three story
buildings, provision of adequate £ira protection shall be
verLfLed vith the rife D/etrLct.
#T/pp/ln
9/6/80
1, Alsu ~eyn~lda of Viler, Wlller, ~r~m, Soll & Peek, Inc.,
o~r or authorized asent for Petition~T~L;'d~'to the roller, ns
public hearins au hptesber 1,
1. Section 3.3c** P.~.U. ~lte Plau Approval lSro~eeez ~elete reference
to site Plan approval prior to fr~cc ~&tn approval,
Smctl~ 4.$, I~relc~tt. ut Staudardet Aasud the last asnteuee to
require · laf~mcapa buffer in accordant vith 8ectiou 8,37 of the
Zon~n$ Ordnance and that nd buffer ia required if the tract b
developed v~th · eXhale-foully detached houeins type(e),
3. Section 6.2 A) 2) aP, .~ertitted Accemeor~ Uses and Structures:
A~d to the 1ut sentence "tn accordance rich Section 10,S of ~he
Z~nbi8 Ordinance,"
f~cttou 6.3 8) ~nd 7.3 8)5 Aaend es rasd, #,., shill be subaittod
for rev~ sod spprov·l ,.."
Secti(m 8.7, Eny~rmumental: Add paragraph ~.# to read,
archuolosical rev~ ahax~ be sade prior co ~ny es~or developueut
O~ sir. e,"
sei~ol~ 8ftor' '*** 250 ~ure foetj*** ~ dtttin~isb f~ tb
pro~ec~ I.d. entr~e sl~s. AI~, ~l I ~ f~t
7e
Section 6.3 9) A., lndivi~ul Business Si~ne.~. Amod to read
foll~s =
of 250 eq~re feet. For eoz~r end unido, ew lil~ are peru~tted,
provided the total f~e~Ced ar~ d~8 ~ ~ced 280 ~ feet,
Section 6.3 9) l., Out Parcel Siena: ;mend ~o read aa follmmt
~all ~ mrquee i~ ~ m~ ~ ~t pa~l, ~
azea ~c to ~ceed 20Z et the tot~ ~re f~Ull of
~th ~M of 250 S.Y,) ~ ~ frH,~, ~r~e s~ per
~t parcel ~th a ~ s~e of 1~ ~re feet,
of fress~L~ li~ Xm ~-five roes (25'). HhM
s,cback for freas~ s~ is
9. SectLon 6.3 9) C.. _Project XdeutLfLcatLou Situs:
Amod b7 Aaoerttns a ,uX~o2~ after '... 250 square foR; ..." ~
d~st~nptsh f~ p~Ject A.d. currant, ,~0. ~,o. p~e a
,~ rr~t setback ef~ Xf the p~Ject l.d. 0~ a~
Sect~n 7.3 9). P~oJe~t Xdeuttf?~t~ St~t b~ by ~~ a
pFoJec~ ~.d. ,utr~c, 0~. A~,. pT~o a n~ fret HtbRk
of ~ feet tf the proJtct t.d. st~o art freeo~tnf.
~:. SectX~ 6.2 A), ~,~ttted W~nctpa~ Uses nd St~c~rto:
~.~ the ,ut~c, altar '36.' H '37.' ~ m to rHd H
~oXXM~ "~7 other cmrchl use ~ p~feHL~l o,~tc, ~tch ~
c~arable ~n u~ra ~th the f~tgoinS uHo ~ ~ich the ~
~lrtctor det,~,, to be c~t~bl, in the dbtr~ct.
~,ro sh~Xd be foXXMd ~ letters, t~ m~. t~
].ttefl. ,cc. For ~X,. kb~tX~ 6,2 b foXX~ ~
~araSrtph A). than fubMrai~h l. ~r. lubHetX~ 6.3 Xo
foXXMd b7 para,apb ~).
Ii. ~e fo11~ uno 0hll be deXetd f~ ~ ~:
XT C~K~ZSSZ011
1-88-Z¢ ADDZlDtOI AC~J:E, SHIFt
3
STATE OF FLORIDA ) ~: ....
COUm~ OF COLLIER )
l, JA~ES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is · true copy oft
Ordinance No. 88-74
which was adopted by the Board of County Co~.ime2oners on the
2?th day of September, 19;a, during Regular Session.
#ITNESS ~y hand and the official seal of the ~oafd o£
-,
County Commissioners of Collier County, Florida, this 28th
day of September, 1988.