Ordinance 87-013ORDINANCE NO, 87 - 13
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NUMBER 83-5&, THE
C0M~REHENSIVE PLAN FOR COLLIER
COUNTY, FLORIDA, BY AMENDING THE
FUTURE LAND USE MAP FROM A RURAL
LA~{D USE DESIGNATION TO A NEW LAND
USE DESIGNATION TO BE KNOWN AS
VESTED AREA II AS DESCRIBED WITHIN
THE TEXT OF THE FUTURE LAND USE
ELEMENT AS AHENDED; SUCH LAND USE
DESIGNATION A~PLICABLE ONLY TO THE
FCLLOWING DESCRIBED PROPERTY:
AFPROXIMATELY 2,798 ACRES FORMERLY
KNOWN AS NORTH GOLDEN GATE CITY,
ALSO KNOWN AS ORANGETREE DEVELOPMENT
IN SECTIONS 13, 14, 23 AND 24,
TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER C0UNTY, FLORIDA.
WHEREAS, the Board of County Commissioners in settlement of a
lawsuit agreed to the rezoning of the below described property to "PUD by
Settlement" ss referenced in that certain Set=lament and Zoning Agreement
attached hereto and incorporated herein as Exhibit 1; and
WHEREAS, the County has agreed to amend the Future Land Use Element . .... ·
of the Comprehensive Plan to create a new Laud ' Use.~ Designation .
applicable 'to this property entitled Vested Area II; and. ...-..
WHEREAS, Hr.' George Varn'adoa, representing Hr. Amnon Colan,
petitioned the Board of County Co~lssioners to amend the Comprehensve
Plan Future Land Usa Hap to incorporate the Vested Area II Land Use
Designation for the herein described real property; .
-NOW, THEREFORE. BE IT ORDAINED by the Board of County Cow. ias~onera ,
of Collier County, Florida:
SECTION ONE:
The Future Land Use Element of the Collier County Comprehensive
Plan,. Collier County Ordinance Number 83-54'; shall be amended to
Exhibit 2, attached hereto and incorporated herein as if fully set forth
in this Section. In addition, the current Vested Area Land Use
provisions (essentially addressing the Golden Cate Estates Sub~ivia'ion)
shall be designated as the Vested Area I Land Usa Designation a's set
forth and renuabered in Exhibit 2.
SECTION T~O:
Tha Land Usa Desi~nation of the subject property, formerly known
as North Golden Cate City'and ~r~ntly~lm~vn as Orangetree Development,
a 1cEa1 description of vhich is sec forth in Exhibit 3, attached hereto
and incorporated herein, is hereby changed from Rural to Vested Area II
on the Futura Land Use Nap,
SECTION THREE:
This Ordinance shall become effective upon notice that it hae been
received by the O£fice of the Secretary of State.
ATTEST:
....... JA)~ES C. GILES, CLERK
~/..,. ~ TO FORM AND LEGAL
.~;..>': .',~ '...
~,~.~ .......
~?~" " COLLI~ C0~ A~0~
.,~ , ~
BOARD OF COUNTY C01~HISSION~RS
COLLIEK COUNTY, FLORIDA
This ~a'inance filed, with
· 5ecr~u~ of .State's ~ff~.~t~
and ac~.x~e~ ,*,V~n~t~] that
filing received th~ ~.~.ff-.~- day
ORANGETREE CP AMEND ORDINANCE
EXHIBIT i
COUNTY ~ REC0ROED OR BOOK PAGE
SETTLEMENT AND ZONING AGREEM~N?
Tills SETTLEMENT AND IONING AGREEMENT executed this %
day si January, 1986, by and beLween A.H. B~AKE and THEOOO~C~.
SLACK, as Trustees under bhe GAG biquida~ing TFua~ dated Oc~obe~
1, 19~0 ("GAG"I, ~he Board of Coun~ Commissioners of Collieg
Count7, Florida, a Subdivision o~ the S~ate si Florida ("County")~
and A~O~ GOLAH, as T~us~ee
RECITA~
A. GAC is the bwnec si the geal p~opecty described in
Exhib[~ "A", ("Sub~ect Property") located In Collier ~unty~.
Florida.
B. GAG <ocpoca~ion, t~e prior owner si ~he sub~ect
pcope~y, petitioned ~or and the County g~anted zoning on the
sub~ec~ pcopecby in ~96~ loc a subdivision known as No,th ~lden
Ga~e~ the uses o~'which included more than eight thousand (8~000)
~esidentia1 units, exbenslv~ commercial and ~ela~ed activities~
canals, road~ays~ sch~l sites and ~elated uses ~o~ a planned
communiCy~ and ~he same ~as pla~ted in seven (7} units between
1967 and 1970, all o~ which were accepted by Coun~ and the plait
dul~ recorded in ~he Public Records si Collier County~ Florida.
C. In o~dec ~o obbain said zoning and pla~ approval ~com
Coun~, GAG Co,potation ~as requi~ed to dedicate and ~onvey
certain s~eets, packs and ether pcopec~y ~o ~he County and said
~edica~lons and conveyances occurred during ~he. zoning and
pla~ting process.
D. Ca,rain infrastructure lmpFovemen~s, including
drainage canals and roads~ .~e~e made to the propec~y a[~ec the
zoning and piercing process in accocdaflce with and in reliance on
~he approved development.plan fo~ the pla~ted su~lvlsion.
E. In 1981 and 1982, ~he Coun~ adopted a Coepcehe~fllve
Land Use Plan and ~onin90~dinance (O~dtnances 8~-70 and 82-2,
~especCively) ~hich cedesignflted and cezoned ~he pcope~y to agci-
F. As a ~esulk of the adoption o~ Ocdinances 81-V0 and.
82-2, GAG ~iled a civil acbion In the Circuit CouFt In and
Collie~ County, specl~lcally~ GAG Liquidating Trust va. Collier
~, Case ~umbe~ 82-394-CA-0~."" This case~ ~hlch has no~
~ciad, con~es~s the cigh~ o~ ~he County to change the
designa~ed uses o~ the Sub~ect Prope~ty~ claiming bha~ GAC"s
cigh~s had vested because si its ce/iance on bhe approved zoning
and piercing.
G. T~ustee has entered into a con~cact with GAG to
chase said ~octh Golden Gate (Sub~ect Property), said con~cact
being contingent upon Buyer being able to obtain zoning and o~hec
permits necessary ~or a planned develo~ent, consisting o~ exten-
sive agricultural uses, 1or density residential uses and mino~
commercial Uses.
H. Trustee has ~equested and County has agreed to ~one ...
:the p~op~c~y ~o "PUD b~ S~t~lement" a~ a regularly scheduled ·
meeting on the 27th day of Augus~ 1985. ...'*:.".~.~';~
I. The County has aqFeed to the gezoning o~ ~he pcoi~cty '
ko "PUD by Se~lement" In accordance wikh the pcovisionfl
the 2oning and Development Documen~ (Exhibit "B") based on
finding ~ha~ the pcoposed pro~ect vould have fag less impact; on
county and regional ~acill~les and the envi~onmenb ~han the
o~lginal ~oc~h Golden Ga~e su~ivlsiofl.
' ~ Gro~c~ L
oo
~il80
OR DOOK
3. Based on the County's rezoning of the subject pro~erty
and Trustee*s agreement to purchase the same, GAr has agreed to
dismiss its lawsuit against County referenced herein.
K. GAr had imposed certain restrictive covenants and uae
restrictions on the Subject Property, which would conflict and
interfere with the proposed Planned Development for the pcop~rt.¥.
NOW, TBEREFOR~, in consideration of the respective
mutual releases, covenants, conditions and promises herein con-
tained~ the parties agree as follower
1. ~he parties adopt and confirm the recitals as ii'set
forth verbatim in this pakagraph.' '
2. '£[fective upon the County's rezontng et the subject
property pursuant to the Zoning And Development Document attached
hece~o as Exhibit 'B'~ G~C and C~un~y each releases the other ~ro~
any and all claims and causes of action in connection vit~ the
sub~ec~ ma~ter o[ that certain lawsuit presently pendin9 in the
Ctrcui~ Court el the Twentieth 3udicial Circuit in and for ~lliar
County, Florida, styled GAr Ll~uidatin~ Trust vs. Collier Count~,
Ca~e Number 82-394-CA-01~ in~l~ding"all claims asserted: by any
pac~y agains~ the o~hec and any and all claims that could have
been asserted in such action I)y reason et the zoning~ plattin~l and
changes in the Comprehensive Land Uae Plan and zoning on and for
the pcoper~y described In ~xhibit "A" hereto.
3. GAr and County have agreed to cause their res~c~ive
a~orneys ~o secure dismissal with preludice o[ the lawsuit
. refers described and the Cou~s approval of this Settlement and
Zoning Agreemen~ each party to beac its ~n cost and attorney"s
~ees.
4. County agrees that its execution of this Agreemen~ and
adoption el the attached Resolution constitute its gcan~
rezonin9 to "PUD by Settl~aen~" la accordance with the Zoninq ~nd
Development Document made 4 pact hereof ms txhlbit "B".
5. County agrees to amend the Land Use Hap and Collier
County Comprehensive Plan to redesignate the land use for
proper~y In a manner which ~uld accomoda~e the proposed u~es
~hereof set forth in Exhibl~ "B" to a designation o~hec than
"Urban", and Trustee .agrees to full~'coopecate ~lth County In this
regard. The proposed change In the Land Use ~ap and Comprehensive
Pla, shall no~ be a prerequisite ~o Tcuatee"s develo~ent oi ~he
Sub~ec~ Property in accordance ~tth the approved Zoning and Devel-
opment Document.
6. Trustee and GAr assect~ and County agrees~ that "~octh
Golden Gate" subdivision is "vested" pursuant to Section
Florida Statutes~ an~ County agrees to cooperate with Tcusten~s
efior~s to obtain a Binding ~e~ter o~ Intecpreta~ion from the
pactment el Communit~ Affairs vl~h the necessary amendment or
iflca~lon to incoc~ra~e the Develo~ent Plan as set forth
Exhibi~ "B" as being "vested" under Chapter 380~ Florida Sta~u~es
- 7. County~ Trustee, and GAC understand and agree that the
81.5 acres to be ~edica[ed ~or public use~ as specl~iedin ~xhibtt
"B", shall be ~a~e prior ~o the issuance oE the first
perm[~ on ~he property. ~rus[ee {urther a~rees that the
.[tons~ conditions and covenants speci{ied in Exhibit 'B' shall run
~i~h the land and be bingin9 on successor ~ners o[ sub,eot
8. County and G~C a~ree to cooperate wtth ~rustee tn the
va.ation o~ any road clght-o~-~ays~ drainage easementB, park de~-
cartons, and other easements and dedicat~ons pcevious~y made which
aco inconsistent with the pro.sod Deve%o~ent P~an (Exhibit
County specifically agrees to cooperate in the vacation o~ the
seven (1) pla~s consti~utin~ Nor[h Golden Ga~e subdivision~
pursuant to the Petition for Vacation cur[ently [lied lot that
purpose.
0~1180 001559
to cancel, vacate, discharge and release the Sub~ect Property from
an7 and all covenant, conditions and restrictions placed thereto!
and to execute and record the Vacation and Discharge of Covenants
and Restrictions attached ,as Exhibit "C" and to take such other
actions and execute such other documents as may be reasonably
necessary to effectuate the purposes of this paragraph, County
agrees to cooperate in removing any land use restrictions
(covenants. conditions and restrictions) previously imposed o~ the
sub~ect property by GAC in con~unction ~ith its proposed
developraent of ~orth ~olden Gate,
I~ ~I?~ESS #~EREO~, the parties hereto have set thel~
signs and seals on the date first above ~ritten.
?rust Dated Oct~hl~1980
T~ust Dated October I~ 1980
TRUSTEE /
STATE OF FLORIDA
Acknowledged before me by A.II. Blake, Trustee under the
GAC Liquidating Trust dated October 1, 1980, on this~?_~.~day o~
o~
Acknowledged before me by THEO~Rg C. ShA~ Trustee unde~
the GAC hlquida~tng Trust dated October I, 1980, on this ~flay ,-.
T
0{:1180 001560
.' OR 'BOOK, PAGE
STAT]~ OF
COUNTY OF COLLIEK
~y ~is~ion ~xpires:
STATE Or
COUNTY OF ~ADE
Ack~owle~ge~ be~oFe me by '~o~ Go~o~, TTusteep ..~h~s
-4-
I
i
BOOK. .PAGE
· LEGAL DESCRIPTION
AS TO UNIT 1:
All of NORTH GOLDEN GATE, UNIT 1, a Subdivision of portion of
Sections 22, 23, 26 and 27, Township 48 South, Range 27 East,
lying and beiqg in Collier County, Flqrida, and being more par-
ticularly described in the recorded plat thereof in Plat Book 9
at Pages 12 to 28, inclusive, according to the Public Records of
Collier County, Florida, less and except State Road S-846,
Collier County, Florida.
AS TO UNIT 2:
All of NORTH GOLDEN GATE, UNIT 2, ~ Subdivision of portions of
Section 11 and Section 14, Township 48 S6uth, Range 27 East,
Collier County, Florida, being more particularly described in the
recorded Plat thereof recorded in Plat Book 9 at Pages 29 through
43, inclusive, according to the Public Records' of Collier County,
Florida, less State Road S-846, Collier County, Florida.
AS TO UNIT 3:
Ail of NORTH GOLDEN GATE, UNIT 3, a Subdivision of portions of
Sections 23, 24, 25 and 26, Township 48 South, Range 27 East,
according to the recorded Plat thereof, recorded in Plat Book 9
at Pages 125 through 142, inclusive, according to the Public
Records of Collier County, Florida, less portions formerly con-
veyed by Warranty Deed recorded in Official Records Book 623 at
Page.80, more particularly described as Tract "A" in Block 546
and Tract "B" in Block 547 of NORTH GOLDEN GATE, UNIT 3, .
according to the Plat thereof recorded in Plat Book 9 at.Pages
125 through 142, inclusive of the Public Records of. Collier
County, Florida.
AS TO UNIT 4:
All of NORTH GOLDEN GATE, UNIT 4, a Subdivision of' portions of
Sections 24 and 25, Township 48 South, Range 27 East, and por-
tions of Sections 19 and 30, Township 48 South, Range 28 East,
Collier County, Florida, being more particularly described in the
recorded Plat thereof'recorded in Plat Book 9 at Pag9 52 through
64, inclusive, according to the Public Records of Collier County,
Florida.
174 :
AS TO UNIT 5~
I:i r.' 1180' O015[12'
OR BOOK PAGE
All of NORTH GOLDEN GATE, UNIT 5, a Subdivision of portions of
Sections 11, 12, 13 and 14, Township 48 South, Range 27 East and
portions of Sections 7 and 18, Township 48 South, Range 28 East,
Collier County, Florida, being more particularly described in the
recorded Plat thereof recorded in Blat Book 9 at Pages 65 through
72, inclusive% according to the ~ublic Records of Collier County,
Florida.
AS ~O UNIT
All of NORTH GOLDEN GATE, UNIT 6, a Subdivision of portions of
Section 13 and 14, Township 48 South, Range 27 East, Collier
County, Florida, being more par~icularly described in the
recorded Plat thereof in Plat Book 9 at pages 74 through 84,
inclusive, according to the Public Records of Collier County,
Florida.
AS TO UNIT 7:
All of NORTH GOLDEN GATE, UNIT 7, a Subdivision of portions of
S. ections 13, Township.48 South, Range 27 East, and a portion of
Section 18, Township 48 South, Range 28 East, Collier County,
Florida, being more particularly described.in the recorded Pla~
thereof in Plat Book 9 at Pages 85 through 97, inclusive,
according to the Public Records of Collier County, Florida.
99/NGG.LD1-2
.o Pi~ 18.o,,.
ZONING AND DEVELOPMENT DOCUMENT
FOR
AMNON GOLAN, TRUSTEE
AGRO DEVELOPMENT CORPORATION
001563
PAGE
PREPARED BY: '
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
Engineers, Planners and Land Surveyors
1383 Airport Road, North
Naples, Florida 33942
DATE
Novembe'r, 1985
EXHIBIT
026 -;: 17~
! .... SECTION I
~' SECTION II
~. , SECTION'III
'' "" ~ SECTION IV
SECTION V
SECTION VI
"' I",:':,t: '.
0[;I 180
OR BOOK
INDEX
Index
List of Exhibits and Tables
Property Description
Project Development
Agricultural Development -'
Residential Developmgnt
Commercial/Neighborhood
Golf Course
Community Use
School/Park
General Development Com~.itments
177
00156~
PAGE
PAGE
1-1
3-~
4-~
5-~
6-~
7-1
9-1'
EXHIBIT A
TABLE I
TABLE II
TABLE III
IJEI
OR BOOK'
001565
!RAGE
LIST OF EXHIBITS AND TABLES
Master Plan
(Prepared by Wilson,
Soll& Peek, Inc.
File No. MP-86
Land Use Summary
Miller, Barton
Estimated Market Absorption Schedule
Development Standards
ii
!78
1.01
0 C: I i'8 d
oR BOOK
001566
PAGE
SECTION I
PROPERTY DESCRI'PTION AND OW~tERSHIP
INTRODUCTION, LOCATION, AND PURPOSE
It ts the' intent of Amnon Golan, Trustee, Agro
Development Corporation, , (herginafter called "applicant
or developer") to establish a Development on approximately
2,797.83 acres of property located in Collier County,
"Florida. The subject property is described as 'North Golden
Gate' on Collier County maps and is bounded on the west by
David C. Brown Highway (SR 846), on the south by Randall
Boulevard and is bounded on the north and east by drainage
ways. Oil Well Road (SR. 858) runs through the site in an
east-west direction.
LEGAL DESCRIPTION
Legal Description:
This parcel'contains approximately 2,797.83 acres an~ is
platted as North Golden Gate and recorded in the Public
Records of Collier County, Florida as follows:
Unit 1 Plat Book 9 Pages 12-28
Unit 2 Plat Book 9 Pages 39-43
Unit 3 Plat Book 9 Pages 125-142
Unit 4 Plat Book 9 Pages 53-64
Unit 5 Plat Book 9 Pages 65-72
Unit 6 Plat Book 9 Pages 74-78
Unit 7 Plat Book 9 Pages 85-97
1--1
OR BOOK' PAOE
SECTION II
.PROJECT DEVELOPMENT
2.01 PURPOSE
The purpose of this Section ~s to generally describe the
plan of the development and delineate the general con-
· ditions that will apply to the project.
2.02 GENERAL PLAN OF DEVELOPMENT
The subject parcel is designed as a mixture of agriculture,
residential uses, commercial and community-oriented
facilities, and recreational elements.
2.03 COMPLIANCE WITH APPLICABLE oRbINANCES
The project is intended to be in substantial compliance
with the applicable Collier County Zoning and Subdivision
regulations as well as other Collier County development
codes in effect at the time permits and/or plats are re-
quested.
2.04 FRACTIONALIZATION OF TRACTS
A. When the developer sells an entire Tract or a build-
ing parcel (fraction of a Tract) to a subsequent owner,
or proposes development of such p%operty himself, the
developer shall provide to the Administrator for
approval, prior to the sale or development of such
property, a boundary drawing showing the tract and the
building parcel therein (when applicable) and in the
case of a residential area, the number of dwelling units
of'each residential type assigned to the property and in
the case of a commercial area, the square footage
assigned to the property.
B. In the event any residential tract or building parcel
is sold by any subsequent owner, as identified in
Section 2.04(A), in fractional parts to other parties
for development, the subsequent owner shall provide to
the Administrator, for approval, prior to the sale or
'development of a fractional part, a boundary drawing
showing his originally purchased tract or building
parcel and the fractional parts therein and the number
of dwelling units assigned to each of the fractional
parts.
2-1
0 [:i' I · 001568
OR BOOK PAGE
The drawing shall also show the location and size of
access to those fractional parts that do not abut a
public street.
C. In the event a commercial tract or building parcel is
sold by any subsequent owner, as identified in Section
2.04(A), in fractiohal parts to other parties for
development, the subsequent owner shall provide to the
Director, for approval, prior to the sale or develop-
ment of a fractional part, a boundary drawing showing
his originally purchased tract or building parcel and
the fractional parts therein, and the commercial square
footage assigned to the property. The drawing shall
also show the location and size-Of access to those
fractional parts that do not abut a public street.
D. The developer of any tract or building parcel must sub-
mit at the time of appli%ation for a building permit, a
detailed plot plan for his tract or parcel. Such plot
plan shall show the proposed location of all buildings,
access roads, offstreet parking and offstreet loading
areas, refuse and service areas, required yards and
other open spaces, locations for utilities hook-up,
screening and buffering, signs, lighting, landscape
plan, other accessory uses and structures, and in. resi-
dential areas, the distribution of dwelling units among
the proposed structures. '
E. In evaluating the fractionalization plans the Ad-
ministrator's decision for approval or denial shall
be.based on compliance with the criteria and the de-
velopment intent as set forth in this document, con-
formance with allowable numbers of residential units
and the reasonable accessibility of the fractional
parts to public or private roadways, common areas, or
other means of ingress and egress.
F. If approval or denial ~s not issued within ten (10)
working days, the.submission shall be considered au-
tomatically approved.
2-2
.r, 2 .'OS
2.06
2.07
LAND USES
8 0 0 I § 6 9
OR BOOK PAGE
Table I is a schedule of the intended land use types, with
approximate acreages and tota} dwelling units indicated.
The arrangement of these land use types is shown on the
Master Plan, WMBS&P File No. MP-86. Changes and variations
in design and acreages shall be permitted at final design to
accommodate topography, vegetation, and other site con-
ditions. The specific location and size of individual
tracts and the assignment of dwelling units thereto shall be
submitted to the Administrator for approval or denial, as
described in Section 2.04 of this document.
PROJECT DENSITY
The total acreage of the subject property is approximately
2,797.83 acres. The maximum number of dwelling units to be
built on the total acreage is 2,100. The number of dwelling
units per gross acre is approximately 0.75. The density on
individual parcels of land throughout the project may vary
according to the type of housing placed on each parcel of
land but shall comply with guidelines established in this
document. ~°
PERMITTED VARIATIONS OF DWELLING. UNTIS "
All properties designated for r~sidential uses may be
developed at the maximum number of dwelling units as
assigned under Section 2.04, provided that the total number
of dwelling units shall not exceed 2,100. The Administrator
shall be notified in accordance with S~ction 2.04 of such an
increase and the resulting reduction in the corresponding
residential land use types or other categories so that the
total number of dwelling units shall not exceed 2,100.
The maximum number of dwelling units by type as shown in
Table I shall not vary by more than twenty (20} percent in
each category. The maximum number of dwelling units shall
include all caretaker.'s units but does not include the
designated hotel rooms.
~2-3
2.08'
2.09
2.10
2.11
2.12
2.13
0(! 18'0 0015;'0
OR BOOK P GE
DEVELOPMENT SEOUENCE AND SCHEDULE
The applicant has not set "stages" for the development of
the property but the property is to be developed over an
estimated 15 year-time period. Any projection of project
development can be no more than an estimate based on current
marketing knowledge. The estimate may, of course, change
depending upon future economic factors. Table III
indicates, by phase, the estimated absorption of units for
the estimated 15 year development period.
RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL
Clearing, grading, earthwork, and site drainage work shall
be performed in accordance with the Development Standards
outlined in this document.
EASEMENTS FOR UTILITIES
Easements shall be provided for water management areas,
utilities and other purposes as may be needed. Said ease-
ments and improvements shall be in substantial compliance
with the Collier County Subdivision Regulations in effect
at the time a permit is requested or required.
All necessary easements, dedications, or other instruments
shall be granted to insure the 'continued operation and
maintenance of all service utilities in substantial compli-
ance with applicable regulations in effect at the time
approvals are requested.
EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS
Exceptions to the Subvidision Regulations shall be requested
at the time of Conceptual Site Plan review and approval.
LAKE SITING
As depicted on the Master Plan, (WMBS&P No. MP-8$), lakes
and natural retention areas have been sited adjacent to
existing and planned roadways. The goals of this are to
achieve an overall aesthetic character for the project, to
permit optimum use of the land, and to increase the
eff%ciency of the water management network. Accordingly,
the setback requirements described in Ordinance 80-26,
Section SA, may be reduced with the approval of the County
Engineer. Fill material from lakes is planned to be utilized
within the project, however excess fill material may be
utilized off-site, subject to the provisions of the excav-
ation ordinance in effect at the time permits are sought.
ROADS
Collector roads will be public roads. Local roads w~thin
the development may be either public or private roads,
depending on location, capacity, and design.
2-4
,,, 028, : J.83
2.1'4
0 1180 001571
Off'BOOK'"""
, PAGE
CONCEPTUAL $1:TE; PLAN A:PPROVAL
Prior to fractionalization of tracts within the project, and
following approval of a conceptual water management plan by'
the Water Management Advisory Board, a Conceptual Site Plan
shall be submitted to the Collier County Planning and Zoning
Director (or his designee) for all or part of the proposed
development, for review and approval according to the
procedure set forth herein. -.
A. A Conceptual Site Plan, prepared by a qualified
professional planner, shall be submitted which includes,
as a minimum, the following information:
1. The boundary, acreage, and location of the area/phase
being considered for approval.
2. The location, approximate acreage, and land use
designation of all development tracts within the
area/phase
3. The location, width, and schematic section of all
rights-of-way.
4. The location, size, and schematic section of all lakes
water retention areas.
5. The location of all non-residential tracts to be used
in conformance with SectiOn 4.06 of this document.
6. The estimated number of dwelling units, commercial
floor area, and transient lodging units proposed for
the area/phase.
7. Exceptions to the subdivision .regulations shall be
requested at this time.
· 8. Any other pertinent information necessary for review
and approval of the Conceptual Site Plan.
B. A fee consistant with the current fee for Development
Plan Approval shall be required.
C. Review of the Conceptual Site Plan shall follow the
procedure set forth for Development Plan Approval, except
that the Conceptual Site Plan shall be scheduled for
review by the Collier County Planning Commission no later
than thirty days (30) following submittal of the plan to
Collier County.
2-5
2.15
001180 00157Z
OR BOOK' P G£
The Conceptual Site,Plan shall be automatically appealed
to the Board of County Commissioners should a
recommendation of denial take place, and'shall be heard
at their next regularly scheduled meeting. Action by the
Board of County Commissioners shall be final.
DEVELOPMENT PLAN APPROVAL
Prior to issuance of building p~rmits for any development
tract, 'not including detached 'single family areas, a
development plan shall be approved in accordance with the
· procedure set forth in the Collier County Zoning Ordinance.
2-6
SYMBOL
AG
R-I
R-3
R-4
CU
U
SP
CN
RW
LAKE
NOTE:
R-1
R-2
R-3
R-4
*1
LAND USE SUMMARY
TABLE I
001§ 3
P. GE
DESCRIPTION UNITS
APPROXIMAT[~
ACREAGE
Agriculture
'Residential 240
Residential 850
Residential 850
Residential 160
Community Use
Utility
School/Park
Neighborhood Commercial (Max. 60,000 S.F. plus
motel unfts)
Right-of-way
Total 2,100
1,600'1
240
340
216
30
55
15
25
22
70
185
2,798
The projected total unit summary represents on~ possible
residential mix to yield 2,100 units. Should there be an.
increase of units in any residential category, there would be a
corresponding decrease in other categories to maintain a maximum
total of 2,100 units.
One acre lots - single family
Detached single family, villas, patio homes, cjuster homes,
zero lot line, townhouses.
Detached and attached single family, duplex and triplex, '":'"
cjuster homes,.zero lot line, villas, patio homes, townhouses . i'.'~
Cjuster homes, zero lot line villas, patio homes, townhouses,
garden apartments (2-story max.).
A maximum of 200 acres of AG land may be used for a golf course
in accordance with Section VI.
2-7
YEAR
0[:1'1~,'0'!' ,,'i! 00157~,
OR BOOK PAGE:
ESTIMATED MARKET ABSORPTION SCHEDULE
TABLE II
DWELLING UNIT
PRODUCTION
CUMULATIVE
TOTAL
1
2
4
5
'6
7
8
9
1'0
11
12
13
14
0
100
140
160
160
160'
165
165
165
165
165
165
160
160
0
7O
170
310
470
630
790
955
1,120
1 ,~'~
1,450
1,615
1,780
1,940
2,100
2-8
3.01 PURPOSE
Otllb/
P .OE
AGRICULTURAL DEVELOPMENT
The purpose of this Section is to set forth the regulations
for the areas designated on the PUD Master Plan, WMBS&P File
No. MP-86 as AG.
3.02. GENERAL DESCRIPTION
The AG District is intended to apply to those areas, the
present or prospective use of which is agricultural,
pastoral or rural in nature. This district is designed to
accommodate both traditional agricultural uses and
techniques, and conservation measures where appropriate,
while protecting the rural areas of the County. The
regulations in this district are intended to permit a
reasonable use of the property, while at the same time pre-
vent the creation of conditions which would seriously
endanger, damage, or destroy the agricultural base of the
County, or e0vironmental resources, potable water supply, or
the wildlife resources of the County. To this end, the use
of drip-irrigation techniques shall be implemented for
agricultural uses (golf course excepted) in this district.
3.03
PERMITTED USES AND STRUCTURES
A. Permited Principal Uses and Structures:
Agricultural activities, such as field crops, orchards,
horticulture, fruit and nut production.
B..Permitted Accessory Uses and Structures=
1) Accessory uses and structures which are incidental to
and customarily associated with uses permitted in the
district.
2) On-site retail sales of farm products primarily grown
on the farm.
3) Caretakers residences.
C. Permitted Uses Requir'in~ Site DevelOpment Plan Approval:
1) Packing'ffouses
3-1
4.01
4.02
4.03
4.04
001180
,,," 0015;'6
PAGE
RESIDENTIAL DEVELOPMENT
PURPOSE
The.purpose of this Section is to set forth general regu-
lations for the areas designated on the Master Plan WMBS&P
File };o. MP-86 as Residential (R-1 to R-4).
MAXIMUM DWELLING UNITS
A.maximum number of 2,100 dwelling units may be constructed
on lands designated as Residential (R-1 to R-4) except as
.permitted by Section 2.07.
GENERAL DESCRIPTION
Areas designed as Residential (R-1 to R-4) WMBS&P File No.
.MP-86 are designed to accommodate a full range of resi-
dential dwelling types, recreational facilities, essential
services, customary accessory uses, and compatible land uses
such as religious, governmental, and educational facilities
provided such uses meet the development standards as set
forth in this document.
Four residential land use categories have been identif~ed on
the Master Plan. The R-1 designati6n includes approximately
240 acres and will accommodate single family development on
one acre lots. The R-2 designation includes approximately
340 acres and will provide for conventional single family
development. The R-3 designation includes approximately 216
acres and will accommodate all types of single family homes,
both detached and attached. The R-4 designation includes
approximatley 30 acres of low. density cjuster and multi-
family development.
PERMITTED PRINCIPAL USES AND STRUCTURES
· Detached single family homes
Model units
. Recreational facilities, parks, lakes and water manage-
ment facilities
4-1
0£:.1180 0015 '?
ORBO .,' PAGE
· Detached single family homes, villas, patio homes,
cjuster homes, zero lot line, .townhouses
. Model units
'. Recreational facilities, parks, lakes and water manage-
ment facili.ties
R-3
· Detached and attached single family homes
· Duplex and triplex units
; Cjuster homes, zero lot line, villas, patio homes, town-
houses
. Model un~ts
· Recreational facilities, parks, lakes and water manage-
ment facilities
R-4
4.05
· Cjuster homes, zero lot line, villas, and patio homes
· Townhouses
· Garden apartments, low rise multi-family
· Recreational facilities, parks, lakes and water manage-
ment facilities
PERMITTED ACCESSORY USES AND STRUCTURES
· Accessory uses and structures cusfomarily associated with
uses permitted in this district· .
· Essential services and facilities.
. Guest homes in R-1 areas.
4.06
PERMITTED USES AND STRUCTURES REOUIRING DEVELOPMENT PLAN
APPROVAL UNDER SECTION 2.15.
· Religious facilities
· Civic and cultural facilities
· Educational facilities
· Private clubs
· Child care centers - owner occupied
· Rest homes, foster homes, rehabitation center, hospices
. Other non-residential uses customary in residential
districts
4-2
4 .~07
DEVELOPMENT STANDARDS O& BOOK'
00151'8
PAGE
The following Sections set forth the development standards
for permitted uses within the sqbject parcel.
a. Standards for landscaping, signs, pa~king and other land
uses not specified herein are to be in accordance with
Collier County Zoning Regulations in effect at the time
permits are requested. Unless otherwise indicated,
setback, h~ight, and floor-.area, standards apply to
· . principal structures.
b. Roadway setbacks shall be measured as follows=
1. If the parcel iS served by a public right-of-way,
setback is measured from the adjacent right-of-way
line.
2. If the parcel is served by a private road, setback is
measured from the road easement or parcel line.
3. If the parcel is served by a private drive, setback is
measured from the back of curb or edge of pavement,
whichever is greater.
4-3
DEVELOPMENT STANDARDS
'R' Residential Areas
TABLE III A
PERMITTED USES
STANDARDS
MINIMUM SITE.AREA
SITE WIDTH
MIN. AVG.
FRONT YARD SETBACK
{' 'SIDE YARD SETBACK
REAR YARD SETBACK
,~INIMUM DISTANCES*
'REAR YARD
SETBACK ACSRY.
HEIGHT
DIST. BETWEEN
PRINCIPAL STR.
FLOOR AREA
MINIMUM (S.F.)
VILLAS,
PATIO &
{-1 CjustER
)ETACHED HOMES
1 AC
150
3O
2O
25
2O
25
N/A
1200
SINGLE LOW RISE
FAMILY AND
ATTACHED, GARDEN
TOWNHOUSE APARTMENT
3OO0 SF
20
0 or 10
15
20
25
N/A
75O
3000 SF
x units
' 2O
0 or l0
25
2O
0
25
.5 x SBH
900
25
15
3O
2O
25
.5 X SBH
750
R-2
DETACHED
9000 SF
75
25
?.5
25
5
25
N/A
1200
R-3
DETACHED
6000 SF
20
5.5
2.0
$
25
1000
SITE DEPTH AVERAGE:
Determined by. dividing the site area by the site width.
SITE QIDTH: The average distance between straight lines connecting front and
rear parcel lines at each side of the site, measured as straight lines between
the foremost points of the side parcel lines in the front (at the point of
intersection with the front parcel line) and the rearmost point of the parcel
lines at the rear (point of intersection with the rear parcel line) .... ~..!
SBH: (Sum of Building He'i~hts): Combined height of two adjacent buildings
for the purpose of determining setback requirements.
*Minimum Distances: Distance from any fractionalization parcel boundary :
line, except right-of-way line.
4-4
PERMITTED USES
· STANDARDS
AREA
SITE WIDTH
MIN. AVG.
~' SITE DEPTH
i. MIN. AVG.
FRONT YARD
SIDE YAR~
SETBACK
.LAKE BANK SETBACK
REAR YARD
SETBACK
YARD
SETBACK ACSRY.
.j MAX. BUILDING
~EIGHT (FT.)
~.~:'DIST. BETWEEN
~i::.PRINCIPAL STR.
FLOOR AREA
EDUC.
FACIL-
ITIES
o[:il80'
001580
OR BOOK .PAGE
DEVELOPMENT STANDARDS
'R' Residential Areas
TABLE III B
OT~ER
CIVIC/ USES
CULTURAL RELIGIOUS PRIVATE NOT
FACILITIES FACILITIES CLUB LISTED
er County
deter lned during fraction ization ~eoulations
)rocess under Section 2.04 ' ~n'effect at
~he time a
determined during fractionalization ~ermit is
)rocess under Section 2.04. ~equested.
determined during'fractionalization
)rocess under Section 2.04.
40
2O
30 or
BH
10
25
.5
SBH
1000
40
30
20
30 or
BH
25
.5
SBH -
1000
40
30
20 '
30 or
BH
10
.5
SBH
1000
30
20
20
25
.5
lOG0
4-5
5.01
PURPOSE
180
SECTION V
CN - COMMERCIAL~NEIGHBORHOOD
The purpose of this Section is to set forth the regulations
for the areas designated on WMBS&P File No. MP-8$, as 'CN'.
The CN tract is intended .to provide residents with
conveniently located commercial'facilities and services that
are typically required on a regular basis.
5.02 'PERMITTED 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 Dart,
for other than the following:
A. Permitted Principal Uses and Structures
1) Antique shops; appliance stores; art studios; art
supplies; automobile parts ~ stores; automobile
service stations, without major repair; agricultural
supply stores. ..
2) Bakery shops; banks and financial instit~tions;
barber and beauty shops; bath supply stores; blue
print, shops; bicycle sales and services; book
stores,
3)
Carpet and floor covering sales (including storage
and installation) child care centers; churches and
other places of worship; clothing stores; con- '......,.~.~
fectionary and candy stores, conv~nience commercial
establishments. ':
4) Delicatessen, drug stores; dry cleaning shops; dry
goods stores.
5) Electrical supbly stores.
6) Fish stores; florist shops; food marketsi furniture
stores; furrier shops and fast food restaurants.
?) Gift shops; gourmet shops.
8) Hardware stores; health food stores; hobby supply
store.s[ homes for the aged; hospices.
9) Ice cream stores;
showrooms.
10) Jewelry stores.
5-1
ice sales; interior decorating '"~gi'-,..,..';',..
.i
5.03
0( 1180 001582
· ' OR BOOK PAGE
Laundries self-service; leather goods and luggage
stores; locksmiths and liquor stores.
12)
Meat market; medical office or clinic for human
care; millinary shops; motel, hotel, and transient
lodging; music stores.
13] Office (retail or professional); office supply
s totes.
14) Park and ride, Paint and wallpaper stores; pet
shops; pet supply stores; photographic equipment
stores; post office.
15)
Radio and television sales and services; excluding
satellite dishes and antennas, restaurants,
including fast foods; small appliance stores~ shoe
sales and repairs; re~taurants.
16) Souvenir stores; stationery stores; supermarkets and
sanitoriums.
17)
18)
Tailor shops; tobacco shops; toy shops; tropical
fish stores.
Variety stores;'veterin~ry offices and clinics (no
outside kennelling).
19) Watch and precision instrument sales and repair.
2O)
21)
Water management facilities and essential services.
Any other commercial use or professional service
which is comparable in nature with the foregoing
uses and which the Administrator determines'to be
compatible in the district.
B) PERMITTED ACCESSORY USES AND STRUCTURES:
1) Accessory uses 'and structures customarily associated
with the uses permitted in this district.
· 2) Caretaker's residence.
DEVELOPMENT STANDARDS:
A) Minimum Site Area: As approved under Section 2.04
B) Minimum Site Widths As approved under Section 2.04
5--2 '
,,oo,, 026 ,'d95
0£:1180 " ' 001583
Abutting non-residential areas: Twenty five (25) feet
Abutting residential areas Thirty five (35) feet in
which an appropriately designed and landscaped buffer
shall be provided, as determined under Section 2.14,
and in which no parking shall be permitted.
D) Distance between principal -structures: None, or a
minimum of five (5) feet with unobstructed passage from
front yard to rear yard.
E) Maximum Height of Structures: Twenty five (25) feet
above the finished grade of the site.
F) Minimum Floor Area of Principal Structuresl One thousand
(1,000) square feet per building on the ground floor.
G) Minimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable
Collier County regulations in effect at the ~ime permits
are sought.
H) Prior' to fractionalization, a site plan for the tract
shall be approved in accorda%ce with Section 2.14.
I) A maximum of sixty thousand squ~re feet (60,000 s.f.) of
leaseable commercial building floor area shall be
permitted in the CN district, exclqsive of motel use.
J) No outside display or storage shall be permitted.
K) Haximum density for motel, hotel, and transient lodging
shall be 26 units per acre.
5-3
OR BOOE;
SECT1'ON VZ.
GOLF ¢OU.R. SE'
00150~
P~GE
'.4
6.01'GOLF COURSE DISTRICT
The ,elf course Distr'ict i. inte,ded to pro,,id.
;? 'j'. 18-hole golf course within the project.
:<.;'~:~,- 6.02 PERMITTED LOCATIONS '
It is recognized tht golf courses provide open space for an
eWtire community and serve a variety of functions including
important water management functions. Therefore,. the Golf
Course District shall be a floating use and may be located
within the Agricultural or Residential Districts, provided
that the density of residential development shall not be
substantially effected.
6.03 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
constructed, =econstructed or structurally altered which is
designed, arranged, used or intended to be used or occupied,
or land· or water used, in whole or in part, upon that portion
of the subject parcel designated"as Golf Course District for
one or more of the following .uses=
A. Permitted Principal Uses and Structures
1) Golf Course
2) Racquetball, handball, tennis and other similar types
of court(s).
3) Recreation clubs, clubhouse(s), and facilities, in-
cluding the serving of alcoholic beverages.
4) Any other commercial use or service · which is
comparable in hature with the foregoing uses and
which the administrator determines to be compatible
in the district.
6-1
0(.! 180 .'
O BOOt( ' /
· B. Permitted Accessory Uses and Structures:
1. Pro-shop· practice driving range,
centers, gol[ course shelters, and
001585
'PAGE
golf learning
other customary
accessory uses of Golf Courses, Tennis Clubs, or other
recreational facilities.
2. Non-commercial plant nursery.
· ' 3. Maintenance shops and equipment storage.
6.04
.4. Accessory uses and structures customarily associated
with the uses permitted in this District.
5. Snack bars.
6. A maximum of two (2) residential untis in conjunction
with the operation of t~e golf course.
7. Small commercial establishments, including gift shops,
golf and tennis equipment sales, restaurants, cocktail
lounges{ and similar uses, intended to serve patrons of
the golf course(s) or tennis club(s) or other
permitted recreational facilities.
DEVELOPMENT REGULATIONS FOR GOLF COURSE DISTRICT
The purpose of this Section is to detail the development
regulations for the Golf Course District.
A. Maximum Height: - 25'
B. Overall site design shall be harmoni'ous in terms of
landscaping, locations of structures, locations of access
streets and parking areas, and location and treatment of
buffer areas.
6.05
C. Buildings shall be set back a 'minimum of fifty (50) feet
from abutting reside, ntial neighborhoods and the setback
area shall be landscaped. Tennis courts shall be set back
a minimum of five (5) feet from parcel boundaries.
D. Lighting facilities shall be arranged in a manner which
will protect roadways and neighboring properties from
direct glare. . ' ' ~
SITE PLAN APPROVAL REQUIREMENTS ' '~':* .......
A. A conceptual plan Of the golf course shall be approved in
accordance with Section 2.14 prior to construction. ,~.,
B. Plans for all principal and all accessory uses shall be
submitted to the administrator for approval in accordance
with Section 2.15. -
6-2
SECTIOR V~!
COMMUNITY USE
001586
PAGE
7.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated on the Master Plan, WMBS&P File No.
MP-86, as CU, Community Use
The site includes 55 acres, is intended to be dedicated to
Collier County or any other appropriate entity designated by
Collier County, and may be used for th~ purposes set forth
below and shall satisfy the Collier County Comprehensive
Plan's park site dedication requirements for this project·
7.02 PERMITTED 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:
. Parks and playgrounds
. Bicycle, hiking and nature trails ,
· Recreational shelters and restr~oms
. Recreational fields, sports facilities and courts
. CommunitY centers
. Restaurant or snack bar in conjunction with recreational
activities.
· Water.management facilities and essential services.
· Collier County Fair Grounds
. State of Florida Forestry dept. facilities
. F~Lire station site
· Any other recreational, athletic, or open space activity
or use which is comparable in nature with the foregoing
uses and which the administrator determines to be com-
patible with the intent of this district.
· Other governmental facilities.
· park and ride faciliti~s.
7.03 DEVELOPMENT STANDARDS
A. Minimum site Area: None
B. M~nimum Setback ~rom Tract Boundarie4: 50'
C. Minimum setback from road right-of-way: 25'
D. Maximum Height of Structures: 25' [except fire
observation tower)
E. Minimum Distance Between Bulidngs: 1/2 the sum of their
heights.
F. Minimum standards for parking, ltghttng, signs, and
landscaping shall conform with applicable Collier County
regulations in effect at the time permits are sought·
7-1
8.01
8.02
8.03
0 ~ I' I,[l:th.~ '-:i ¢i,': 0 015 8 ?
OR ~l~cO~),~ v,,z PAGE
'SP' SCHOOL/P~RK
PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated on the Master Plan, WMBS&P File No.
MP-86, as 'SP', School/Park. -.
..The SP site includes 25 acres reserved for use as a school
"site and associated park facilities.
This site shall be dedicated to the Collier County Public
School District at the convenience of the developer, or when
requested by the School District, whichever occurs first.
The site shall be provided ~ith potable water and sanitary
sewer service in conformance with this document and all
applicable standards and requirements.
PERMITTED 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) Elementary.or middle school and-facilities
2) Parks and playgrounds
3) Bicycle, hiking and nature trails
4) Recreational shelters and restrooms'
5) Recreational fields, sports facilit~es, and courts
6) water management facilities and essential services.
7) Any other educational, athletic, or open space activity
or use which is comparable in nature with the foregoing
uses and which the Zoning Director determines to be
compatible with the intent of this district.
DEVELOPMENT STANDARDS
1) Minimum Site Area: As approved under Section 2.04
2) Minimum Site Width: As approved under Section 2.04
3) ·Minimum Yard Requirements:
4)
30' from all 'SP' tract boundaries for principal · . .
structures.
'
· 20' from lake banks . . .... ~. ~,,~.,?~ .
Maximum he'i~ht': 25' "" ' ':'~" ~:;'~'~'~'"';~"~;~ ~
..... ,.-'~
. ?'.:.'.~ ~.:
8-1
026 200
0~1il80~. 001588
Ok BO0~~:' .PAGE
5) Minimum Floor' Area of Principal Structures: One
thousand (1000) square feet per building on the first
habitable f'loor.
6) Distance between principal structures~ 1/2 the sun o~
the building heights or 30', whichever is 9rearer.
Minimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable
Collier Couinty regulation~ in e~ect at the time
permits are sought.
Lighting facilities shall be arranged in a manner which
will protect roadways and neighboring properties from
"' direct glare or other interference...
8) Prior to development, a development plan for the tract
shall be approved in accordance with Section 2.15.
8-2
.m
9,01
PURPOSE
i .
-' OR 80 cTio , Ix
GENERAL DEVELOPMENT COMMITMENTS
001589
PAGE
9.02
The purpose of this Section is to set forth the general
development commitments for the project.
DEVELOPMENT COMMITMENTS
ENERGY
1) Construction shall comply with applicable local and
state energy codes.
2)
Reasonable "good faith" efforts to utilize
state-of-the-art energy conservation techniques
shall be made where practically and economically
feasible. Such technigues may include, but shall
not be limited to the following:
a. "Provision of bicycle racks and/or s~orage
facilities in office and commercial areas and
in multi-family reAidential areas.
de
Cooperation in the locating of bus stops,
shelters and other passenger and system
accommodations when a transit system is
developed to serve the project area
Use of' energy-efficient features tn window
design (e.g., shading and tinting).
Use of operable windows and ceiling fans. ., '
Installation of energy-efficient appliances and .
equipment.
Reduced c6verage by asphalt, concrete, rock and
similar substances tn streets, parking lots and
other areas to reduce local air temperatures ..~:~"~"
and reflected light and heat. ..''
· OR 13001 ' PAGE
Ihstallation of energ~Lefficient lighting for
streets, parking areas, recreation areas and
other interior and exterior public areas.
Selection of nativ~ plants, trees and other
vegetation and landscape design features that
reduce requirements for water, fertilizer, main-
tenance and other needs.
Planting or retention of native shade trees to
provide reasonable shade for all recreation
areas, streets and parking areas.
Placement of trees to provide needed shade in
the warmer months while not overly reducing the
benefits of sunlight in .the cooler months.
k. Planting or retention of native'shade trees for
each residential unit.
Orientation of structures, as possible, to re-
duce solar heat ~ain by walls and to utilize
natural cooling effects of the wind.
Provision for structural shading (e.g.,
trellises, awnings ~hd roof overhangs) wherever
practical when natural shading cannot bff used
effectively.
n. Inclusion of porch/patio areas in residential
units.
3)
Deed restrictions and other mechanisms shall not
prohibit or prevent the use of alternative energy
devices such as solar collectors (except when
necessary to protect the public health, safety and
welfare).
B. AIR QUALITY
1)
The developer shall comply with applicable codes and
apply for required permits relative to air quality,
where such p~rmits are required.
9-2
.... C. YRANSPORTATION
[ii!80
0R'B00
De
001591
PAGE
Agro Development Corporation, or its successors or
assignees, shall commit to the payment of road impact
fees, in accordance with the provisions of Ordinance
85-55, at such time as building permits are requested.
~) The developer shall provide separate left and right turn
lanes on Immokal~e Road at the project'~ access if deemed
necessary by the County Engineer, and shall make a fair
share contribution toward the capital cost of.a traffic
signal at the interesection of CR 846 and CR 858 when
deemed warranted by the County Engineer. The signal
shall be owned, operated and maintained by Collier
County.
'3) The developer shall bear the entire cost of all traffic
signals which may become 'needed at intersections within
the project.
WATER MANAGEMENT ·
1) A master/co6ceptual water management system design shall be
submitted to and approved by the Water Management Advisory
Board prior to the submittal o~ construction plans to the
County Engineer.
2) Detailed water management construction plans shall be
submitted for approval to the County Engineering Department
prior to commencement of construction.~
3) Surface Water Management Permits shall be obtained from the
South Florida Water Management District prior, to the
commencement of development.
4) The water management for the Agro Development project shall
implement water quality "best management practices" to the
extent possible.
5) An Excavation Permit will be required for the proposed
lakes in accordance with Collier County Ordinance No.
80-26, as' amended by Ordinance No. 83-3, and as may be
amended in the-future
9-3
00,111,8!0 ,!';' 001592
OR BO01 PAOE
,1) Water Facilities - 'Developer shall provide ~n on-site
potaDle water source and s~all construct an on-site
potable water treatment plant and distribution system.
The system shall be designed and constructed, by phases if
desired, to serve all .developed portions (agricultural
areas excluded) of the project~ including flows adequate to
provide fire protection. Ail components shall be designed
and constructed in accordance with applicable Collier
County and State of Florida requirements.
2) Sewer Facilities - Developer shall construct an on-site
sewage treatment plant and sewage collection system to
serve all developed portions except R-1 properties (one
acre S.F. sites). Exception of sewer service for the R-1
properties shall be permitted by the County contingent
upon, 1) Submission by the Developer of factual evidence
that the construction of approximately 240 single family
homes on sepuic systems will not have a significant impact
on the groundwater quality of the area and 2) Approval for
these installations by the County Environmental Health
Department. If the County finds that the installation of
septic systems for the R-1 ,properties will create an
enivornmental concern, the on-site sewage collection system
will be .extended to serve these properties. Treatment
plant shall provide treatment levbls, pursuant to Chapter
17-6.040(q), Florida Administrative Code, required to allow
use of treated effluent in the proposed on-site drip
irrigation system. All components shall be designed and
constructed in accordance with applicable Collier County
and State of Florida requirements.
During the time that the Developer operates the sewage
· treatment plant, data required pursuant to County Ordinance
No. 80-112 showing the availability of sewage service will
be submitted for approval by the Utilities Division prior
to approval of the construction documents for the project
and for all building' permits required. Copies of the
approved DER permits for the sewage collection and
transmission systems and the on-site wastewater treatment
facility shall be ~ubmitted upon receipt to the Utilities
Division.
OR BOOK' PA6£
'3) Plans Approval - All construction plans and technical
specifications and proposed plats, if applicable, for the
proposed water distribution .and sewage collection and
transmission facilities must be reviewed and approved by
the Utilities Division prior to commencement of
construction. Detailed hydraulic design reports covering
the complete water and sewer systems to serve the project
will be submitted with the construction documents for the
project. These reports shall 1-1'st all design assumptions,
demand rates and other factors pertinent to the systems
~ under consideration.
Prior to approval of construction documents by the
Utilities Division, the Developer will present
verification, pursuant to Chapter 367, Florida Statutes,
that the Florida Public Service Commission has granted
territorial rights to the Developer to provide sewer and/or
water service to the project until the County can provide
these services through its water and sewer facilities.
Upon completion of construction the water and sewer
facilities .will be tested to insure they meet Collier
County's minimum requirements, a comprehensive inspection
of the facilities made by the Utilities Division and
record drawings of the facilit~es filed with the Utilities
Division.
4) Facilities Ownership - It is understood by Developer that
Collier County may, at some future time, desire to serve
the project water and sewer services. To that end,
Developer agrees, at the time of formal request by Collier
County, to dedicate all treatment plant and dis-
tribution/collection system components in existence at the
time of request, to Collier County. Until such formal
request by Collier County, Developer shall own, operate,
and maintain all on-site water and sewer facilities.
Once the water/sewer systems have been dedicated to Collier
County, any required expansions to the on-site water
treatment plant or sewage treatment plant shall be the
responsibility of Collier County and shall be accomplished
as required to meet project demand, at the expense of
Collier County. All required expansions of the water
distribution/sewage collection systems shall be the
responsibility of the Developer, and shall be designed and
'constructed .to Collier County and State of Florida
requirements:- On completion of construction the facilities
will be tested to insure they meet Collier County's minimum ...~
requirements at which time they will be conveyed or
transferred to the 'County, when required by the Utilities
Division, pursuant to appropriate County Ordinances and ~'~
Regulations in effect at the time conveyance or transfer is
requested, prior to being placed into service.
9-5
OR BOOK' PAOE
'5') Rights-of-way/Easements - All components of the water and
sewer systems that may be conveyed to Collier County
including treatment plants, ~ha11 be constructed within.
public rights-of-way or on lands owned or controlled
Developer for which Developer can provide utility easements
to Collier County. All water and sewer facilities
constructed on private property and not required by the
County to be located 'within ?tility easements shall be
perpetually owned, operated 'and maintained by the
Developer, his assigns or successors. At the time of
.system conveyance Developer shall provide all required
easements.
At such time as Collier County disc~tinues operation of ' '
the water or sewer plants, the use of plant site shall
revert to the developer and site utility easements shall be
vacated. ·
6) Connection 'to County Water and/or Sewer Facilities - All
construction plans and technical specifications related to
connections to the County's off-site water and/or sewer
facilities ~ill be submitted to the Utilities Division for
review and approval prior to commencement of construction.
Upon connection to the County's off-site water facilit~es,
and/or sewer facilities, the Developer, his assigns or
successors shall abandon, dismantle and remove from the
site the interim water and/or sewage treatment facility
and discontinue use of the wate~ supply source, if
applicable, in a manner consistent with State of Florida
standards. All work related with this activity shall be
performed at no cost to the County.
Connection to the County's off-site water and/or sewer
facilities will be made by the Developer,' their assigns or
successors at no cost to the County within 120 days after
such facilities become available at the project site. The
cost of connection shall include, but not be limited to,
all engineering design and preparation of construction
documents, permitting, modification or refitting of sewage
pumping facilities, interconnection with County off-site
facilities, water ~nd/or sewer lines necessary to make the
connection{s), etc.
- ..~,.£~.j..:
9-6
Customers -
distribution
OOl'lBO 001595
OR BOOK 'PAGE'
All customers connecting to the water
and sewage collection facilities will be
customers of the developer or the interim utility
established to serve the projec{ until Collier County makes
formal request for dedication of the water and sewer
systems. At that time, the customers served on an interim
basis by the utility system constructed by the Developer
· shall become customers of the County at the time when
County off-site water and/or sewer facilities are available
to serve the project and such connection is made. Prior to
connection of the project to the County's off-site water
and/or sewer facilities the Developer, his assigns, or
successors shall turn over to the County a complete list of
the customers served by the interim utilities system and
shall not compete with the County for the service of those
customers.
The developer shall also provide, the County with a detailed
inventory of the facilities served within the project and
the entity which will be responsible for the water and/or
sewer service billing for the project.
8) System Development Charges · During 'that period o~ time
that the.water and sewer utilit~ system is owned, operated
and maintained by Developer, Developer may charge a system
development charge to each connecting customer in an amount
as approved and allowed by the. Florida Public Service
Commission (PSC). Provided nonetheless, at the time of
formal request by Collier County for system conveyance,
then and from that time forward, the developer, his
successors or assigns shall pay syste~ development charges
to Collier County pursuant to County Ordinance in effect at
that time.
.;
9-7
,oo,
ENVIRONMENTAL '
OR BOOK. 'PAGE.
1) A site clearing plan shall be submitted to the Natural
- · Resource Management Department and the Community.
Development Department for the£r review and approval prior~
to any substantial work on the site. This plan may be
submitted in phases to coincide with the development
schedule. The site clearing plan shall clearly depict how
the final site layout .incorporates retained native
~- 'vegetation to the maximum extent possible and how roads,
buildings, lakes, parking lots, and other facilities have
been oriented to accommodate this goal~.
2) Native species shall be utilized, where available, to the
maximum extent possible in the site landscaping design. A
landscaping plan will be submitted to the Natural Resources
Management Department and the Community Development
Department for their review, and approval. This plan will
depict the incorporation of native species and their mix
with other species, if any. The goal of site landscaping
shall be the re-creation of native vegetation and habitat
characteristics lost on the site during construction or due
to past activities.
3) All exotic plants, as defined in the County Code, Shall be
removed during each phase of cbnstruction from development
areas, open space areas, and preserve areas. Following
site development a maintenance pro, ram shall be implemented
to prevent reinvasion of the site by such exotic species.
This plan, which will describe coQtrol techniques and
inspection intervals, shall be filed ·with and approved by
the Natural Resources . Management Department and the
Community Development Department.
4)'If, during the course of site clearing, excavation, or
other constructional activities, an archaeological or
histo~ical site, artifact, or other indictor is discovered,
all development at that location shall be immediately
stopped and the Natural Resources Management Department
notified. Development will be suspended for a sufficient
length of time to enable the Natural'Resources Management
Department or a designated consultant to assess the find
and determine 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 constructional activities.
EDUCATION
The project shall fully mitigate its fiscal impacts by
donating a 25 acre parcel to the Collier County Public
School District to be utilized as a school site.
00159 '
PAGE:
1} The developer shall donate a.1.5 acre fire station site
to the Corkscrew Fire district to mitiqate its lmpmc~s .
on the fire district. This site shall be dedicated
request by the fire district or at.the convenience of the
developer; whichever occurs first.
2) The developer commits to provi'ding a central water system
to all residential and commercial facilities which is
capable of providing fire flow capacitSes as required by
Collier County.
3) Building heights shall be limited to twenty five
feet for all habitable structures in accordance with
Corkscrew Fire District's equipment capabilities.
FISCAL
9.03
The developer has agreed to dedicate a school site to the
School Board, a site to the Fire District, and to donate
fifty five (55) acres to the County for public use purposes,
including the Collier County fairgrounds. These donations
shall mitigate the projects fiscal impacts. '
DEVELOPMENT PLAN
A. The Master Plan, WMBS&P File No. MP-86, is an
iljustrative preliminary development plan.
B.
The design criteria and layout iljustrated in the Master
Plan shall be understood as flexible so that the final
design may best satisfy the project amd comply with all
applicable requirements.
C. Minor design changes, shall be permitted subject to
County staff administrative approval.
9.04 AMENDMENT
Amendment of this zoning and development document, or of the
Master Land Use Plan, shall be accomplished ~ccording to the
procedure set forth by Collier County for amendment to a
Planned Unit Development.
:
9-9
I. INTRODUCTION
EXHIBIT 2
FUTURE ~%ND USE ELEMENT
~te Local Government Comprehensive Planning Act (LGCPA) requires that all
local governments draft and adopt a Comprehensive Plan. The Act states
that a Future Land Use Plan is a required element of the Plan. As
· defined by Chapter 163.3177(6)(a) a comprehensive plan must include "A
Future Land Use Plan element designating proposed future general dlsCri-
bution, location, and extent of the uses of land for housing, business,
industry, agriculture, recreation, conservation, education, public
buildiu~s and grounds, other public facilities, and other categories of
the public and private uses of land."
The intent of the Future Land Use Plan as stated within the Coals,
Objectives and Policies which are provided later in this element is "The
achievement of a quality living environment through a well planned mix of
compatible land uses, while preserving the integrity of the natural
envlron~lent,"
In the formulation of the Future Land Uae Plan various basic planning
assumptions were made. The most important assumption is that develop-
ments should be timed with the facilities necessary co support chem. The
facilities range from water and sewage treatment aystems to facilities
such as schools and roads. The underlying assumption is that if devel-
opment is not timed with the needed facilities, the additional costs to
the community can be ai~ificant.
During the development of this Future Land Use Plan an evaluation of the
1979 Plan was made. The 1979 Plan provided Collier County with its
first legally enforceable planning document adopted pursuant to the Local
Government Comprehensive Planning Acc. It has as best it could, served
Collier County well.
However, certain problems arose with the 1979 Plan after its adoption.
The Future Land Use Hap wa~ a site specific map that was interpreted
s/milarly to a zoning map. This lave1 of detail led to numerous re-
quests to amend the map as it related =o specific parcels of land. In
addition, the 1979 Plan offered very little basis or criteria for eval-
uating Land Use Map amendments. -
In preparation of this Plan, requirements, recommendations and experience
from the three sources referenced above were included. The first source .."'. ....
was the Local Government Comprehensive Planning Act (LGCPA) which states. '.,
the minimum requirements for the Future Land Use Plan. This Plan
attempts to comply with those requirements.
1 For a more in-depth review of the 1979 Plan please refer to Appendix
G, The Evaluation and Appraisal Report.
i
The second source used for preparation of this Plan was basic planning
principles and assumptions. An important assumption integrated into
the Plan is that developments should be ti~ed with their required facil~
tries. This assumption states that haphazard development can impose a
negative economic and social impact on the comunity.
The third source was the evaluation of the 1979 Plan. The 1979 Plan
-served the County well; however, as explained above there were many
lessons to be learned frae it. Those lessons proved invaluable in the
preparation of this Plan.
The Plan which follows uses a Land Uae Hap to be implemented in conjunc-
tion with the text. The Hap delineates an area where urban uses should
be confined. This approach is intended to avoid the negative aspects of
sprawl and ill-timed growth. The Hap also modifies Central Place Theory
to arrive at areas for futura co~mercial development.
The text specifically delineates how the ~ttura land Use Hap is to be
i~ple~ented. It employs a point system for the evaluation of residen-
tial, co=ercial and industrial rezoninE petitions. The point system is
intended to be used on a site specific basis to evaluate the existence of
required facilities. Such a system also helps to avoid the negative
aspects of ill-timed development. In addition, by employing a point
system on a' site 'specific basis as opposed to a site specific Land Use
ttap the number of amendment requests should be dramatically reduced
thereby making the Plan self correctin~.
Therefore, this Plan attempts to incorporate lessons from the past with
plannin~.principles of the present to better plan for future growth in
Collier County. It is intended to be a flexible, yet demanding planning
tool for the present and projected developments in Collier County.
II. SETTING ~ PROBLEH STATEIiEIqT
The Plan contains seven (7) land use designations (See Hap 1). The
Urban Area covers the coastal area, the Immokalee area, Copsland,
Chokoloskee and Port of the Islands where existing and projected urban
support services and facilities are located; Vested areas designate areas
which are codified for semi-rural uses, namely Colden Cate Estates;
Rural Areas are those lands outside present or future urban service areas
and which are not currently suited for urbanization. T~o types of
co~ercial areas are designated - Connnunity and Interchange. The fifth
designation is Industrial. Federal, State, County, or private land
purchased or retained to preserve natural resources and/or to provide for
public uses compatible with these resources are designated as Parks and
Preserves, which is the sixth land use category, The seventh designation
is the Coastal Resource Hana~ement and Recreation Area. An environ-
mental overlay is also employed to identify lands which may require
further natural resource information prior to development,
These seven land use designations are described as followa~
f
HAl' 1
LAM) USE HAP
(see foldou~)
'A.
Urban Area
The Urban Area designation is intended to cover two general portions
of the County. It includes the areas of the County which currently
have the greatest residential density. In addition, it covers the
areas of the County which have, or are projected to receive, future
urban support services and facilities and will experience the most
rapid urbanization. It ia intended to include areas large enough to
accommodate projected populatio~e while ac .the same time limiting
the growth to those areas which viii pose the fewest negative
economic and environmental impacts of rapid growth (See Hap 1).
~ile the Urban Area includes areas which have or viii soon receive
urban support services and facilities it is somewhat handicapped by
the lack of a plan for public water and sewer facilities which
depicts future service areas. In the absence of such a plan other
facilities such as fire protection, proximity to commercial areas,
proximity to public schools and accessibility were used to arrive at
the boundary.
There are, however, many areas designated Urban which ha{s con-
attaints to development. This may be dun to environmental reasons,
or the' lack of some support facilities such as potable water and
sewage treatment. Therefore, the Urban Area designation is a
general one, and not all lands within the designation have equal
levels of potential development. The ava/lability of services does
not in itself guarantee density.
The north and east bou~dariea of the coastal Urban Area delineate
thai portion of the coastal area which is developed or which may,
with adequate support services and facilities, develop in the
future. The southern boundary of the Urban Area is based upon the
location of existing coastal areas with a Special Treatment zoning
overlay ("ST") and, where applicable, on the conceptually approved
Marco Island Development Limit Line. For further information refer
to the "Stipulation for Dismissal And Settlement Agreement" that was
signed on July 20, 1982 by the Deltona Corporation, Collier County,
and a number oi State a~d Federal regulatory agencies and conserva-
tion groups. Should any party to the Agreement seek an amendment to
the boundaries of the development areas in the Agreement that would
also require amendment of the Urban Area'a southern boundary, the
County shall, before considering such amendment to the Agreement,
evaluate thechange during the annual amendment process as described
later in this element.
It is estimated that aa of April 1, 1982 there were approxima~ely
61,032 permanent r~sidents in the coastal Urban Area. This fiture
constitutes 75I of the total population for the unincorporated
County. Using rates of population growth, as projected by the
University of Florida, the Coastal Urban Area ia expected to con~ain
lt1,~33 permanent residents by the year 2000 at an overall density
of 1.26 persona per acre.
026 215
Im~okalee is also designated as an Urban Area. For the purposes of
this Plan, its boundaries correspond with Census tract lines and
the Immokalee water and sewer service area. The Inokalee Urban
Area contains approximately 17~600 acres and had an April 1, 1982
permanent population of 11,440 with an overall density of .65
persons per acre (See Haps 2 &
In addition to the Coastal and lmmokalee Urban Areas, there are
three smaller unincorporated co~mnunities which are designated Urban.
These communities are Cop,land, Chokoloskea and Port of the Islands
(See Maps 2, i, $ & 6). These areas are established older commun-
ities with a mix of residential and co~ercial uses. By designat-
ing then U~ban it is intended to permit them to continue to grow at
a slow rate within the confines of their designated areas.
Under the Urban Area designation there are specific measures ~o
determine compliance with the Plan. The ~aximum residential density
permitted ~ill be decided using this point system on a site b~
site basis. The point system and review procedure will be discussed
in' a later section. 111 existing zoning in the Urban Area is
considered in co~pliance with this ~designation; however, in con-
form~nce with Chapter 163.3194(1), ~l~rida S~atutes, all .futur~
rezones vii1 require review to ensure compliance with the' Plan....
The Urban Area will also acco~odate future non-residential uses
including essential services es defined by the most recent Collia~
County Zoning Ordinance. Other permi~ted non-residential land usaa
may include, but not be.limi~ed to~
C~lf courses, parks, playgrounds, beach areas, nature pre~
serves, wildlife sanctuaries and other similar recreation
and open space uses;
Co~unity facilities such as churches, cemeteries, schools,
rest homes, hospitals, fire and police stations;
3. Utility and cou~nunication facilities;
~eighborhood comm~rcial land uses provided the following
criteria are met;
a) Direct access ia provided by a road classified as a · collector or arterial;
b) The flotation should not include more than 8.0 contiguous
acres;
c) The location does not promote strip co~ercializationI
d)
The uses are considered lover level order of goods and
services such as support retail uses and offices;
0
o
IllI
oo~X~ ~o
21.0
MAP 5
I IMMOKALEE}
1l
I]26.,~., 218
~et
COPELANBI
MAP 4
MAP, 5
[CHOKOLOSKEE~
1
~. 33
;54
I0
PORT OF
THE ISLANDS
3.4
,,oo,~ 026,',.'.,22/
MAP ~
Keel
e)
The service ares is generally considered ss the sur-
rounding area within a radiu, of ,75 to I mile, intended
to set-va a population of between 500-3,000 people; and,
The use is compatible with surrounding land use.
Earth mining, otl extraction sad related processing provided
that the parcels will be utilized in such a way that they can
ultimately accommodate other urban activities.
Travel trailer recreation vehicle parks provided Chat the
following criteria are met:
a) The site has direct access to a road classified as an
arteriall and,
b) The use will be compatible with surrounding land uses.
c) The site complies with the point system requirements for
· - commercial and industrial uses as explained later in this
element.
Residential Planned Unit Developments (PUD'e) are allowed to have up to
five percent of the land for commercial uae without amending the Compre-
hensive Plan if they are less than ~wo-hundred acres in size. Per PUD'a
between 200-100 acres 2I of the project area over 200 acres may be used
for commercial. And for PUD's over A00 acres 1I of the area in excess of
~00 acres may be used for commercial uses (See Table 1). This commercial
land is intended to serve the residents of the PUD in order to reduce the
number 6f off-site trips. It is intended that such commercial uses
should follow the criteria listed below:
The focus of the commercial shall be to the PUD'a residents, it
shall be located within the P~D and it shall not promote strip
commercialization.
The uses are considered lower level order of goods and services
such as support re,ail uses and offices.
In Certain instances, additional commercial acreage in
residential PUD'a beyond that permitted by the neighbor-
hood commercial 5-2-1 rule may be considered. If a PUD ia
projected to have more than 2,400 dwellin~ units it may be
permitted to have commercial parcels which meet the criteria of
the community commercial nodes and/or specialized commercial
uses, such as hotel/motel theme, a specialized retail theme or
a recreational theme. Therefore, it would not have to comply
with items 1-2 discussed above. The criteria for determining
the location and amount of community commercial permitted are
the service area, service population, and access, lgm
community commercial node must ba limited to one parcel and
is not meant to allow commercial uses dispersed throughout a
project nor shall it promote strip commercial. Additional
commercial nodes will not he permitted for those PUD's which
have an existing commercial node within or adjacent to its
15
026 222
i
boundaries. The specialized co===ercial uses ere to be located
in the interior of the PUD; however in certain circumstances
when determined by the Co~=unit,/ Development Administrator the
specialized com~ercisl uses may be located on the perimeter
bounder7 of the PO1).
ACREAGE
0-200 acres
20~-400 acres
over 400 acres
TABLE 1
PLAI~ED UNIT DEVEIIIP}tE~ COII~RCIAL USAGE
5I of PUD acreage
5~ of 200 scres plus
2X of area over 200 acres
~X of fi=et'200 acres plus
2X of eecond ~00 acres plus
lX of area over 400 acres
15,1
R~v.3
Be
Vested Area
VESTED AREA
· he-Vested Areas I designate lands which are already subdivided into
ruts= residential-lots (2.25 acres as an average). ~he Vested Areas
I essentially consist s o£ the Golden Cate Estates gubdivision. By Cbs
~lan recognizing the area in this way, it is identified as a large
area of potential population 8forth located in a portion of tbs
County which is generally far removed fro~ supportive services
and facilities. Its expansion, in terms of additional lands will
be discouraged.
In recognition of the existence of she Vested Area I it is also
recognized that it will require certain non-resid~ntial uses.
'Such uses shall include essential services as defined by the most
recent Collier County Zoning Ordinance including, but not limited
to:
Coif courses, parks, playgrounds, nature preserves, wildlife
sanctuaries and other similar recreation and open space usesl
b_.L ~v Community facilities such as churches, cemeteries, schools,
rest homes, hospitals, fire and police atationsl
c_.L. ~v Utility and co~unication facilities;
Convenience commercial land uses provided the following cri-
teria are met;
Direct access is by a road classified as a collector or
arterial;
The size of the parcel is no smaller than 2.25 acres and
no larger than 5.0 acres.
(~._.~) d~
It does not promote strip co~ercializationl
Its uses are considered the lowest level order of goods
and services such as convenience stores and 8as stationsl
(5~) e~ The service area is generally considered as the surround-
ing area within a radius of two miles; i.e., the site "
'is no closer than four (4) miles to the nearest co.er- , , . '
cia~y zoned site within the ?estad Areas. "
It is found to ba compatible with the surrounding land
uses; and, .'
The site is adequately buffered from surrounding residen-
tial areas.
A Golden Cate Estates Haster Plan and an Iunnokales Area Heater Plan
are to be undertaken as separate activities upon adoption of this
Comprehensive Plan. These plans will include a more specific
analysis of future co~munity support services and the amount and
16 Rev. 4
location of future commercial mites. ~s Colden Cate Eatatea Haster
Plan and Inokalee Area Haster Plan rill be adopted as elements of
the Comprehensive Plan upon thsir.co~pletion.
2. VESTED AREA
Vested Ares II consists of Sections 13~ 14~ 23~ and 24~ Tovnshtp
48 South, Ranse 27 East (the former North Golden Cate subdivision),
which was zoned and platted between 1967 and 1970. In settlement
of a lawsuit pertainin~ to the permitted uses of this property,
this property has been "vested" for the uses specified in that
Certain "PUD by Settlement" zoning granted by the count~ as refer
enced in that certain SETTLEHENT AND ZONING AGREB~BNT dated the
27ch day of January~ 1986.
By desi~natin2 this area in the Comprehensive Plan as Vested
Ares II, the plan recognizes the property as an area of defined
potential population growth located in a section of the county
~h£ch is currently far removed from supportive services and
facilities. It lies outside of the urban area and its expansion~
in terms of additional lands or dwellin~ units, should and shall be
discourased. It*s existence will have no precedential value or
effect so far 'as Justifying similar uses on surrounding or
adjacent property. The Vested Area II Land Use designation is'
limited to the area described above and shall not be available
as a land use desiznation for any other property in the County.
The uses permitted include:
Agricultural uses and related facilities}
be
Residential uses, not to exceed two living levels in height, and a
maximum number of 2~100 dwelling units~
[. Neithborhood commercial uses and hotel, motel and transient lodging
facilities, not to exceed 22 acres in size}
Colf courses, parks, playgrounds, and other similar recreation and
open space uses}
Co,unity facilities, such as a fairsrounds site, agricultural
extension station~ fire and police stations~
~. Educational facilities, religious facilitieS, ~overnmental
activities and child care center~
Essential services as defined by the most recent Collier County
~pning Ordinance.
All in accordance with the ZONING AND DEVELOPMENT DOCUMENT for the
property as approved by the county.
16.1 Rev.4
l~e two remainin$ commercial designations are ehown in the Plan
in the form of nodes. The two types of nodes ars Community and
Interchange. ~his nodal concept desisnates a radial area within
which a certain amount of co~ercial land uss would be permitted.
· he in=en~ of this nodal concept is co de-emphasize spot and strip
commercial zoning, to have fewer land i~se amendments, and to provide
a more cen~ralized commercial structure which is more accessible to
surrounding residents with safer and be~ter planned ingress and
egress. The two nodal types are described below,
Cem~uni~ Redes - The Community Commercial Redes are intended
to supply residents with middle level or intermediate order of
goods and services. The perm~.tted uses may include .some
Convenience/Neighborhood goods as well as the sale of wearing
apparel, appliances and other general retail commercial goods
and professional activities. The outlets are intended to be
community type shopping centers and professional plazas which
mitht include variety stores and small department stores.
· ' ~heu determining the location of the Co,unity Co~ercial
Nodes, three criteria were used; service area, service popu-
la,ion, and access. The service area used is approximately a 3
mile radius. The population intended to be served is between
20,000-30,000 people. Access should bs at the intersection
cf major roads and arterials. Nhen these criteria were applied
to the ~nincorporated County~ 11 desirable Community Co~n~er-
cial Nodes were identifiedl 7 in. the coastal area, two in
Immokalee and two on Harco Island.
As s~ated earlier, the coastal Urban Area had an April~ 1982
population estimate of ~1,032 and a pro~ected population of
111,~33 by the year 2000I. Using ~he standards outlined above~
the coastal area could acco~odate approximately seven Com-
muni~y Commercial Nodes by the year 2000. After considering
~he access and ear. ice area ~equirementa the following nodes
are recommended.
- Airport Road ~nd Immoklaes Road
- Airport Road and Pins Ridge Road
- Airport Road and Golden Gate Parkway
- U.S. il and Rattlesnake Hammock Road
- C.R. 951 and Davis Boulevard
- C.R. 951 and U.S. 41
- · Goodlette Road and Golden Ga~e Parkway
~rco Ipland~ with ~ current per~anent population of 7~633 and
a pro~ected year 2000 population of 17,I78, would dictate only
one Community Commercial Node, However, Harco Island has a
permanent occupancy ra~a of only approximately 36.8I. This ia
effected by the rapid influx o~ people to. ~arco during the
Uni~ersity of Florida, Bureau of Economic and Business Research.
18
Rev.3
vi~ter months. These seasonal residents demand additional
conercial areaI therefore, the Plan identifies two nodes on
Narco Island. The two Co.~-unity Co~mercial Nodes identified
are at Collier Boulevard and Bald Eagle Drive, and at San Narco
Drive and South Barfield Drive.
The Im~okalea Urban Area had an April, 1982 per. anent popula-
tion of 11,440 with an astra,ed projected population of 25,?44
by year 2000. I~mokalee, like Narco Island, has a population
which swells during the winter months. This population influx
also demands that two Co~munity Co~m~rcial ~odes be located in
I~mokalee. The nodes are located at the intersection of S.R.
8t6 (First Street) and Hain Street, and S.R. 29 (North Fif-
teenth Street) and Lake Trafford Road.
The Co~unity Co~ercial Nodes are identified on the Land Use
Map as squares aC the intersections listed above. The boun-
daries of the nodes on the Futura Land Use Hap are not exact.
Due to the scale of this Nap it is recognized thac the nodes
cannot be accurately delineated. It is the intention of the
}fap to notify people that community commercial uses exist or
are anticipated in those areas. :
The nodes identify areas within -which co~mnity commercial
rezonea will be considered. The nodes identified on the ~p
vary in size between 120-160 acres. The sizes vary due to
differences in configurations of land parcels as identified by
tax ~aps. In identifying specific boundaries of the nodes,
care was taken not to split parcels. Large scale maps of each
Co~munity Commercial ~oda ars available for review fro~ the
Planning Department.
The maximum amount of co~munity 'comercial usa desired within
the nodes is 30 acres. This acreage may be located anywhere
within the node. The type of commercial uses permitted within
the nodes are identified above. No co~vnity co~.~ercial
rezones will be encoura§ed for property which is co.pie,ely
outside of the node. However, if a parcel is no more than $01
outside of the node, and it co~plies with the intent of the
Co~unity Commercial Node as identified above, it may be
allowed. In addition, such a request should be found to be
compatible with the surrounding land uses and it ~ust not
promote strip commercialization.
If ~ Community Nods has 30 acres or more zoned commercial (alas
including co~ercial tracts within PUD~s) within its boundar-
ies, an o~mer of property within the node may petition for
additional commercial zoning within the node if a need can
be demonstrated. ''
Interchange Nodes - Interchange commercial deserves special
consideration because Collier County i8 at the southern end of
what viii soon be one of the longest stretches of an interstate
19
highway in the United States. Except for a 15 mile break south
of Tampa, 1-75 begins in northern Michigan and continues
southward where it temporarily terminates at Alligator Alley in
Collier County. Collier County nov has three interchanges:
Im~okalee Road; Pine Ridge Road; amd, C.R. 951.
Collier County is a unique community and the land usaa sur-
rounding the interchanges should reflect this. In many cases,
the first glimpse of Collier County that visitors sea ia upon
their exit from the interstate. Therefore, the surrounding
land uses should exemplify the quality of life which Collier
County residents have come to enjoy and expect.
It is recognized that certain non-residential usaa at all
three interchanges are feasible. The intent is to minimize
attraction of non-interstate travelers from the urban areas of
the County by excluding high intensity retail uses. Non-
residential land usa needs of residents of Collier County
should be supplied by the Community Commercial Nodes and other
non-residential land uses provided by this Plan. By doin$ so,
a nix o£ shoppers attracted to the interchange from urban
a~:eas ~rlth travellers entering and:exiting the interstate can
be minimized.
As stated above, certain non-residential uses may be permitted
at all three interchanses in Collier County. The Land Use Hap
identifies nodes at those locations. The nodes located at
Immokalee Road, Pine Ridge Road and C.R. 951 interchanses are
150, 180 and 240 acres respectively. The location of the
com=ercially zoned land within these nodes will be determined
during the rezone process. Since Collier County does not
currently have an interchange commercial zoning district,
developers will be required to submit Commercial Planned Unit
Developments (PUD) which 'specifically state =heir permitted
uses. These PUDta may be submitted in combine=ion with
industrial PUD*a as described later in this element's
Indus~rial Land Use section.
Existtn~ Co=mercia1 Zontns Outside of The Commercial Nodes
There is a considerable amount of commercially zoned land that
lies outside of the commercial nodes. Such commercial zoning
vas approved prior to adoption of this Comprehensive Plan.
~hile this commercial zoning is a valid existing usa and con-
sidered in co~pliance with the Plan, its development may
require special consideration. A large portion of the existing
co==ercial acreage outside of the commercial nodes is undevel-
oped and is strip commercial in nature. All futura development
of the strip commercial areas viii be required to minimize
their impacts ~pon the County's roadways through proper design
20 Rev,3
Ee
and construction of service drives vhere feasible. ~hs com-
mercial acreage within residential Planned Unic Developments
is also in co~pliauce 'and will be required co comply with the
requirements contained within the PUD document.
Other Co~.ercial
An exception has been made to the non-site specific format of
the commercial land use designation. One site specific commer-
cial parcel has been identified on the Future Land Use Map.
This one hundred acre parcels which, is identified by red
cross-hatching on the mapo ia uniquely surrounded by indus-
trially and commercially zoned land. Due to this situation,
it vas dete~mined that no other land use would be appropriate.
Industrial
There are six areas designated Industrial on the Future Land Use
Map. The boundaries of these areas are transitional. Therefore,
the uses along their perimeters should be compatible with non-
industrial uses. All industrial areas should have direct access
t~ an arterial and an internal circulation network which prohibits
industrial traf£ic from travelling throul~ predominantly residential
~r~as.
There are numerous am~ll parcels of Industrially zoned land in the
County which ara not so designated on the Future Land Use Hap. The
Land Use Plan recognizes them as existing and does hoc recommend
rezoning of these parcels. The Plan however, does not encourage
that they be expanded unless they meet the criteria discussed below.
It ia possible that due to changing conditions within the County,
there may be a need /or additional industrial land. These condi-
tions may include buildout or lack of future services and facilities
for current sites. Before additional industrial land should be
approved, the following criteria shall be mec:
i) The rezone should be in the /om of a PUD;
2) The proposed site must not be a spot industrial use. The sits
must be ac least 40 acres in size unless immediately adjacent
to an existini industrial area or submitted as a part of an
interchange industrial/commercial PUD. In the latter cass,
the industrial portion of the PUD must be aC least 20 acres in
))
The property owner must show a capability for, and agree co,
the provision of the needed infrastructure; i.e., internal"road
network, water supply, sewage treatment and electrical zupply.
F. Parks and Preserves
The Parks and Preserves Land Use Category designates lands of 25
acres or more managed for the preservation of specific natural
21
features and for public activities that are compatible vith the
ovfirall goal of natural resource protection and maintenance. Such
activities include research, education, and passive recreation.
Dependiog on land ovnership, Parks and Preserves units are overseen
by Federal, State, County, or private resource management agencies.
Private inholdings exist vi:his some of the lands designated as
Parks and Preserves but constitute only a small fraction, albeit
they still can be significant of the total area. Land uses per-
mi:ted vi:his these parcels of private, non-preservation lands
depend on the regulatory authority exercised by the agency managing
the unit. FOr the most part, such on:parcels should be considered
to have land uses equivalent to adjacent areas not designated as
Parks and Preserves.
Some of the Parks and Preserves are undergoing continuous boundary
changes due to purchases by governmental agencies. Accordingly,
the Land Use Hap rill he updated periodically to reflect these
changes.
The units comprising the Parka and Preaervea land use category are
described briefly in the folloving paragraphs. Please refer to
Map 1 for the locations of the un/ts so ~eacrtbed.
22
Parks and Preserves Under Federal Management
a) Bi~ C)~press National Preserve - The Big Cypress National
Preserve was established by Congress in October, 1974 in
order to protect the ecosystems of the Big Cypress area of
South Florida. The Preserve consists of 570,000 acres,
approximately &12,000
par: of Collier County. Surficial rights are held by the
Federal Government
the possession of the original landowners. Around
hundred and
the Preserve. Approximately half of these inholdings
consist o~ "single family residence exemptions" that are
strictly limited to a size of three acres plus that land
needed for access. The other half of the inholdings are
"commercial exemptions". The size of these exemptions are
dictated by the number of acres needed to run the bus-
inesses. These exemptions ara located primarily along
U.S. i1. For both types of exemptions, no uae rill ba
· pe~itted that conflicts
~ational Preserve. The Preserve is managed by the
~ational Park Service of the United States Department
Interior.
b) Ever~lad.es National Park - The Everglades National Pa~k
vas established by Congress in December 1947 for the
purpose of protecting the unique Everglades marsh nco-
systems of South Florida. ~te park consists of one and
a half million acres, 39,260 of ~hich ara ~ithin Collier
County. No private inholdtngs exist vi:bin the portions
of the Park ~ithin Collier County. The Park is managed by
the National Park SerVice operating out of the Eversladea
National Park administrative center near Homestead.
Parka and Preserves Under State Hana~ement
a) Barefoot Beach State Preserve - Barefoot' Beach State
Preserve vas acquired by bond issue in 1972 to provide for
the protection of the site's natural resources. It vas
purchased under Florida's Environmentally Endangered Lands
Program. Barefoot Beach Preserve is located on the
northwest coast of Collier County. It is one mile in
length and consists of 156.45 acres of beach, coastal
strand, mangrove fringe, and shallow bay habitats. There
are no recreational facilities and little public user
therefore the management of the Preserve consists mainly
of maintaining native vegetation and wildlife and moni-
toring exotic plant growth. The Preserve is managed by
the Department of Natural Resource's Division of Recrea-
tion and Parks.
b)
Cape Romans - Ten Thousand Islands A~uatic Preserve' - The
Cape Romans-Tan ~housand Islands Aquatic Preserve is one
of the 35 aquatic preserves in the State of Florida. Its
50 to 60 square miles consist primarily of submerged lands
below mean high water. The preserve is managed by the
Department of Natural Resource'a Division of Recreation
and Parks, Bureau of Environmental Land Hanagement. Ica
local m~nagement falls under the responsibility of the
Manager of the Rookery Bay National Estuarine Sanctuary.
c)
Collier Seminole State Park - Collier Seminole State Park
consists of 6,423 acres of uplands, brackish ~arshea, and
mangrove swamps in the southern part of Collier County.
This vas first a County Park consisting of 5,175 acres
donated by the Lee County Land Company and 389 acres
deeded by Collier County. It became a State park in 19t4
and is managed by the Department of Natural Resource'a
Division of R~creation and Parks.
d)
Caxambas Sanctuary - Caxambas Sanctuary covers approxi-
mately 90 percent of Kite Island in southeastern Collier
County. I~ was ~ransferred to the State in the mid 1920's
and .is now under the management of the Department of
Natural Resourca's Division of State Lands.
e)
Del-Nor W~gins Pass SCa.ts Park - Del-Nor Wiggins Pass-
State Park was purchased from Collier County in 1972. The
entire park site was 'sold to the County in 1965 by St.
Charles Charities. The park consists of 166 acres, 85
percent o~ ~hich are mangroves, lc ia managed by the
Department of Natural Resourca's Division of Recreation
and Parks. The Park management plan is in the process of
being revised.
23
f)
s)
Pakahatchae Strand Stats Preserve - The Pakahatchae 8trend
State Preserve is approximately 20 miles lan8 and 3 to 5
miles wide. The State is in the process of acquiring
approximately.60,000 acres of deep marsh, cypress strand,
and harduood haunnock communities from Alligator Alley to
£verglades National Park. Th~s preserve is manased by the
Department of Natural Resourcets Division of Recreation
and Parks.
R~oker~ Bay National Estuar~ne Sanctuary. - Rookery Bay
National Escuarine Sanctuary and State Aquatic Pre,eryc
was acquired by the State of Florida iu 1978 for.res~arch,
education, and preservation of epproxLmately 6,650 acres
of mangrove swamps and shallow water bays. A portiou of
the sanctuary, purchased with funds from the Collier
County Conservancy, and is o~ned by the National Audubon
Society and managed by the State under a 99 year lease.
Land acquisition for the Sanctuary is not yet complete,
Additional areas are continuing to be added when the land
owners are willin$ to sell end when funds are available
for purchase. The U.S. Department of Commerce administers
the National Estuarine Sanctuary program and supplies
administrative funds, but the Sanctuary is managed en-
tirely by the Department of Natural Resource~s Division of
Sta~e Lands.
3. Parks and Preserves Under C~unty Hanasement
a)
Clam Pass Park/Pelican Ba~ Preserve - The Clam Pass Park/
Pelican Bay Preserve unit was deeded to the County in 1982
by Coral P~dge Collier Proper~ies. The 36 acre Clam Pass
Park was deeded to the County for public beach access.
The Pelican Bay Preserve, consisting of ~2~ acres of
mangrove s~amps end shallou beys, was transfered to the
County as a Federal stipulation to the issuance of the
permits for the northwest Pelican Bay fill site. The
Pelican Bay Preserve is administratively managed by ~he
Pelican Bay Improvement District which is run by five
supervisors who currently are appointed by the County
Commission.
b)
Tizertail Beach Park - Tigertail Beach Park was dedicated "
· to Collier County by the Dsltona Corporation in 1969. The
31.6 acre Park consists of a 3,600 foot stretch of
Cull-front beach and associated upland and mangrove
vegetation. Existing Park facilities consistin~ of a
parking lot. bathhouse, and concession stand were
constructed by the County in 1981. An expansion of ';;'" '..ii.
Tigertailts parking facili~tes was completed in 1985.
2& ltev. 3 ':
232
Parks and Preserves Under Private Manasement
a)
Corkscrew Swamp Sanctuar~ - Corkscrew Swamp Sanctuary vas
acquired in 1954. lC consists of approximately 11,000
ac:es of cypress strand, marsh and pine flatwoods habitat.
The Corkscrew Sanctuary is owned and managed by the
National Audubon Society. It was established to protect
and preserve native Florida ~;lldlifa and chair habitats.
Coastal Resource Management and Recreation Area
There exist alon~ the County's coastline thousands of acres of
undisturbed slmllov bays, marine grass bdd~, saltwater wetlands,
coastal islands, and gulf fronting barrier beaches. This arza ia
valuable not only because of its importance in flood protection,
bioaass production, fisheries reproduction, and water quality
enhancement, but also because it is the focal point of the County's
recreational industry. Because human use and alteration of this
area can lead to a reduction of its value and a loss of its func-
tion, the coastal zone has long been the site of stringent Federal,
State, and County environmental review. Proposed activities in
ooastal areas such as the dredging o~ a new boat channel, the
die, charge of storm waters, or the development of isolated upland
areas, are carefully evaluated by agency personnel because of the
high potential such activities have for adverse environmental
effects. Since use opportunities, project constraints, and project
review procedures are quite different from other parts of the
County, the coastal zone has been designated as a distinct land use
cateEory; the Coastal Resource Hanagement and Recreation Area
(C)~A). This area is located predominantly south of the City of
Naples and seaward of the adopted coastal "ST" line.
There exist within the CEHRA privately owned uplands suitable for
recreation, vacation lodgings, and associated uses, and support
facilities. The use of such upland properties, whether located on
gulf front barrier beaches, protected interior islands, or more
landward ridges, is constrained by a number of natural and practical
factors which must be carefully considered and weighed prior to land
alceratton. Natural ~onstraints to upland use include coastal
storm hazards and potential adverse impacts on public waters and
natural resources. Practical considerations include the means and
t~oe necessary ~or hurricane evacuation, the availability of land
to accommodate required setbacks, and the need for and availability
of access, electrical power, communications, potable water and
sewage disposal. Proposed development within the CPJ~RA will be
evaluated in.~ight of these and other appropriate factors.
Currently, most lands within the CRMRA are zoned A-! "ST" or A-2
"ST". The A-I/A-2 zonin~ designation permits maximum densities of 1
unit per ~ acres while the "ST" designation allows only those
ec~ivities that will not alter or interfere with the inherent
ecological characteristics of the lands an mapped. The recognized
vacua of the natural resources present and the sensitivity of
coastal ecosystems to perturbation by man dictate that the density
and land use restrictions imposed by the current zoning designations
are appropriate for the CRHRA. On certain upland parcels, however,
densities greater than I unit per $ acres may be suitable. Prior
to receiving County approval for proposed activities in the coastal
zone (including proposed land development with densities greater
than I unit per $ acres) the ~pplicant will have to (1) describe
how both the natural and practical land use constraints as mentioned
above have been investigated and incorporated into the proposed
developaent plan, and (2) present sufficient data to demonstrate
that the proposed activity will not alter or interfere with the
existing biological and physical attributes of the CPJtRA. Such
information wili be required during rezone review where a zoning
change is necessary, during development plan/building permit review
where no zoning change is required, or during other County review
procedures as dictated by existiug ordinances.
Areas of Environmental Concern Overlay
Prior to the purchase or development of land in Collier County,
careful attention must be given to the environmental characteristics
of-the parcel under consideration. Site conditions such as extended
periods or depths of flooding, the presence of undisturbed, produc-
~ive wetlands, or a combination of the~e and other environmental
factors place natural constraints on the level and type of land-use
activities that a site can support. Since environmental conditions
play a major role in determining the permissible uses of land in
Collier County, "Areas of Environmental Concern" have been high-
lighted on the County's Future Land Use Map. This has been accomp-
lished by superimposing natural resource information on designated
land use areas in the form of an overlay. This method represents a
refinement of the 1979 land use map which featured areas of environ-
mental sensitivity as a separate land use category. The new
approach will allow greater flexibility in the Land Use Element and
is consistent with £he element's change to a less site-specific
format.
The overlay was derived from the Areas of Environmental Concern map
presented in the Hatural Resources Element which identifies five
broad habitat associations: (1) Marshes, Hardwood Swamps, Cypress
Forests; (2) Wet Prairies, Low Pinelandsl (3) Brackish Marshesl (4)
~mgrove Swamps and Barrier Beachesi and (5) Undisturbed Pineland
Systems, Agricultural Lands, and Urban Lands. The first four of
these associations include areas of significant environmental '
Concern and were thus combined to form the Land Use Map Overlay. A
detailed description of these habitat associations, their ecological ~:~.:,ff~..~.
and functional attributes, and the way land usa can impact ~hem is '.'
included in the Natural Resources Element. Both the A~eas of
£nvironmental Concern map and overlay represent the compilation of
natural resources information available on a County-~ide basis. The
1973 University of Florida Vegetation and Land Use Map, the 1977 and
1983 South Florida Water Manasement District Land Use and Wetland
~lps, and the 1981 Fish and Wildlife Service Wetland Hap were used
in their preparation. Larger scale maps (e.g. the South Florida
Water Management Distict'a Map for the Belle Meade area) were used
when available to more accurately delineate association boundaries.
26
III.
A.
'mm
The Areas of Environmental Concern overlay is for informational
purposes only. It may be used by present and future land owners
to obtain general information on site conditions and any environ-
mental factors that might constrain future land use. It can also be
used by County staff during the review of land use amendment piti-
tions. The overlay is not to be used to make a final determination
on the environmental characteristics of a site. It simply identifies
areas where further resource information and a site inspection are
necessary to evaluate the potential for adverse environmental impact
prior to petition approval.
The Areas of Environmental Concern overlay does not replace the
current Special Treatment ("ST") system. _ It presents a general
natural resources overview for the entire County. I~ contrast,
tile "ST" system consists of large-scale maps with legally defined
boundaries used for regulatory purposes. Detailed "ST" maps ara
available only for those areas of the County west of Range line
27 East. Where such maps exist, legally defined "ST" boundaries
~ll be used to identify areas to be protected. In those areas
of-the County .where "ST" maps are not available Staff will nss
whatever i~formation is available (e.g. aerial photos, resource
surveys) to identify such areas. Delineation of all areas to be
protected will be based on a detailed site inspection.
I}~LEHENTATION STRATEGY
D__evelopment R~view Process
Pursuant to Chapter 163~ Florida Statutes, all development approvals
in Collier County must be in compliance with this Comprehensive
Plan. The Plan will be implemented through the zoning process. As
scared earlier in this chapter, all zoning that exists at the time
of this Plan's adoption is in compliance with the Plan. Consequent-
ly, all o~her local permits granted in compliance with the existing
zoning are by definition in compliance with this Plan.
All future petitions for zoning changes will be reviewed for compli-
ance with the guideline~ in this plan. A petition's first test £or
compliance is the determination aB to whether or not the proposed
use is allowed within the land use designation of the land for which
the rezons is sought. For rezone requests other than commercial,
industrial, and residential rezones, this is the only test. Commer-
cial, industrial and residential zoning petitions undergo a more
thorough examination. Not only must they meet the land use desig-
nation requirements, but they also must be examined for the avail-
ability of community services and facilities. This analysis will be
accomplished.by the uss of a poin~ rating system as described in the
following section.
As is the case with existing zoning, all local permits grahted
in compliance with a zoning change that was approved under this
Plan are by definition in compliance with the Plan.
27
Point Rating System
The point rating system is a primary mechanism in tha implementation
of the Land Use Plan. The basic component of the point system is
proximity to existing or proposed community services and facilities.
Where distance from a facility is a factor, it is measured as a
straight line directly fro= the facility to the anticipated entrance
of the proposed project.
Residential rezone petitions will be evaluated using all criteria in
the point system. The total number of points received will be
assessed according to the density table and a maximum all~able
density viii be identified. ~he final density approved for a
project may be more or less than the maximum dun do to other factors
such as; but not limited to environmental constraints, comparability
with surrounding land uses, location, and size of project.
Commercial and industrial rezone petitions will ba evaluated using
an abbreviated version of the point system in conjunction with the
Land Use Hap. From the point system, commercial and industrial
rezone petitions will be assessed using the access, water, sewer,
fire and PUD criteria. These five criteria add up to a possible
maximum of 65 points. A commercial or industrial rezone petition
must receive .40 points or more to be in compliants with the Plan.
lc is recosnized that there are areas in the County whose current
zoning has been declared in compliance with this Plan but could not
currently pass the previously described tests. ~his might include
residential zoning which allows a greater density than that permit-
ted'under the point rating system. In those cases, the subject
property may be rezoned to another residential district at or below
the previous district's density. Mixed use developments which were
zoned prior to this Plan's adoption and which cannot meet the Plan's
requirements may be reznned to Planned Unit Development if the
overall residential density remains the same or lower, and the
acrease of other uses within the development (co~ercial, indus-
trial, etc.) does not exceed previous amounts. All per~itted
principal and provision~l uses identified in the Agricultural zoning
districts as described in the most recent Collier County Zoning
Ordinance shall be allowed in any land use designation of this Plan.
The Point Rating System criteria are ss follows:
I. Pro~imity to Com~ercial Node or Developed
Co-~unit7 or Resional Commercial Use (1~ points possible)
Less than or equal to one mile 15
Greater than one mile & less than or
equal to two miles 10
Creater than Cwo miles & less than or
equal to three miles ~
28
f
2. Vehicular Access to An Arterial ~/ith Level of Service
"C' or Better (20 points possible)
Directly Adjacent
Within I mile via collector having a level of
service "c' or better
Creater than I mile via collector having a level'
of service "c" or better
Less than 2 miles via local roads
3. Water Supply (15 points possibls)
Central system
Private well
&. Sewer Service (15 points possible)
Central system
Septic Tank
5. Fire Protection (I0 points possible)**
Within fire district with level of .ervice
"7" or better and~rlthin 3 miles of. fire
station
Within fire district with level of service
"?" or better and more than 3 miles from a
fire station
Within a fire dist{ict with level ~f service
"8" to "I0" and within 3 miles of a fire station
Within a fire district with level of service
"8" to "10"
6. Access to Public Schools (15 points possible)
20
15
~0
2
2
10
Within 1 mile of existing school linked by
improved bicycle paths or sidewalks
15
Within 1 mile of e~isting school without
improved bicycle paths or sidewalks
12
Between I-2 miles of existin8 school linked
by improved bicycle paths or sidewalks
Between.l-2 miles of existing school without
improved bicycle paths or sidewalks
7. Submission of Pro~ec~ As A Planned Unit Development
(5 points possible)
8. Neighborhood Parks**** (10 points possible)
Dedication or payment in lisu thereof for
neighborhood park sites and/or facilities
29
10
Ray.3
9. Affordable Housing (20 points possible)
100Z of project provides affordable
rental housing
2O
10. Other (5 points possible)
Open to Board of County Commissioners
discretion for developers to opt to commit
to provid~ facilities, land or cash for
facilities not specifica~ly identified
on the previous criteria.
DENSITY TABLE
POINTS $COP~D
90-100
85- 89
80- 84
75- 79 : "
70- 74
60- 69 "
· 50- 59 "
40- 49 : "
30- 39
0- 29 "
Footnotes
DENSITY ALLO~D
IN URBAN Alia
~laximum permitted u=aer
Zonin80rdi~nce
~or requested
zonini caress~
a max~um of 8
II
Points will be awarded for access to arterial and collector
roadways that are ~xiating or approved and funded in the
five (5) year work program. ~here collectors and/or arterials
do not exist or currently operate at a level of service below
"c", credit may be given for such roadways provided the
petitioner commits to constructing the improvements necessary
to provide level of service "c" or better. The extent of the
necessary improvement would be determined by the County
Transportation Department.
A develOPer may opt to dedicate a fire station site .to the
Fire District or an equivalent cash donation where capital
i~provements are incomplete at the fire station projected to
serve the developer's site. If the Fire District accepts the
site or the cash equivalent for the construction of a station,
the developer may be awarded 3 points.
30 . . . Rev.3
A developer may opt to dedicate a site for a public school
to the County School Board or an equivalent cash donation
~here capital improvements ara incomplete at the school site
projected to serve the developerts site. If a developer
chooses one o~ these options, the proposed public school site
or donation ~ould have to be approved by the County School
Board. I£ a developer chooses to dedicate a site or cash
equivalent to the County School Beard and if the County School
Board accepts the site or cash equivalent only for a school
site. the developer may ba awarded 8 points. In addition~
those projects with medical features such as life care facil-
ities, retirement co~munitiea with health care facilities
and adult congregate living facilities receive the full
points.
Optional; to implement this program the Collier County Parka
and Recreation Advisory Board will be designated aa the body to
oversee this procedure. The Advisory Board will review all
future residential rezonsa of 100 units or more for compliance
with the following criteria.
Criteria - All residential developments of I00 units or
more shall be required to contribute acceptable neighbor-
hood park facilities. The .1980 Census figure of 2.5
persons per household (housing unit) will be used to
arrive at the total population for the proposed devel-
opment. A development of 100 units with an estimated
population of 250 would begin to impact upon the park
facili~iea in'the area and create an additional need. The
standard used for determining ~he necessary park require-
ments is a neighborhood park ia 2 acres per 1,000 popu-
lation.
2. Site Dedication & Selection Criteria~
If the developer chooses to dedicate land for a park site
the £olloving criteria regardin8 the selection of that
site must be met. Also, the site would be deeded to the
county, who w~uld then be responsible for the maintenance
of the site.
Site Selection for Neishborhood Parks
a. The site must be a minimum of (5) contiguous acres;
b. ~here possible, it 'should be located adjacent to an
elementary school; ..
Ce
The site must be suitable for recreational or park use and
capable of im~ediate development or developed at a mutual-
ly agreed upon tine;
d. The site must be suitably located with respect to the
surrounding developments that it serves; and
Direct access cannot be to a road classified as an arter-
ial or larger.
31 Rev.3
'l
Payments-In-Lieu of Dedication - If a developer so chooses
and it is agreeable to the Board of County Commissioners,
or if the Board of County Commissioners deem it is in the
County's best interest, payments may be accepted in lieu
of land dedications. The payments rill be based on the
fair market value of the amount of land to be dedicated.
The fair ~arket value will be determined at the time of
the required dedication. The fair market value must be
based on the land in the immediate area of the develop-
men~. If a developer does not agree with the amount
arrived at by the County, the developer may object end do
his ovn independent appraisal. The County may use the
independent appraised value if they so choose.
The monies collected shall be held in a trust and must be
tightly earmarked. The money paid by a developer must be
used for the immediate needs of the residents of that
development or for improvement of other existing parks
vhich already serve those needs. If the money is not
spent vithin seven years it will be forvarded to the
Department of Parks and Recreation general operating
budget. The money will be ;ollected by the Board of
County Commissioners.
Dedications and Payments - In some instances both land
dedications and payments may be accepted by the County.
This may occur if a major portion of a site has already
been acquired.
Credit.- In some instances, private recreational facil-
ities ~rlthin a development may be credited tovards the
required dedication, This credit cannot exceed $0~ of
the required acreage to be dedicated.
a. Types of facilities eligible for credits:
1) Water related activities;
2) Croup family picnic areas;
3) Golf courses;
Playgrounds (tot lots);
5) Recreational center;
6) Shuffleboard/horseshoe courts;
7) Sv~uaing pools;
8) Tennis/racquetball courts;
Trails (horse, Jogging, bicycle)
10) Others - Each to be approved by the Parks and Rec-
reation Advisory Board.
32
,00, 026- ,: 2 10
b. Percentage of Credit Alloved~
Percentage Credit e
Alloyed
Number of
Facilities Provided
50~ 9- or more
~0~ 7- 8
~01 5- 6
20! 4
~0~ 3
O~ O- 2
If · developer chooses to be credited for private recre-
ational facilities, the private facilities must be clearly
identified on the development site plan and plat, if
appropriate. Assurance shall be given, in the form of
subdivision deed restrictions, condominium declaration,
homeowners agreements, or maintenance agreements that ara
legally acceptable to the Board of County Commissioners
after review and approval by the County attorney that the
areas shall be adequately maintained and that all home-
owners or tenants shall be ~equired to belong to and
financially support the operation and maintenance of said
facilities.
The remaining acreage required shall be dedicated to the
County in terms of a park site or a payment in lieu of
dedication.'
Followtn~ are the three steps used in determining the amount of acreage
or payment in lieu thereof:
Step 1: Estimate development population
Number of
dvellin$ units
in the development
population
X per dwelling
unit
Step 2: Estimate needed facilities
estimated
development
population
Development acres of acres of.
population X facility - recreational
(expressed in needed per facility needed
thousands) 1,000 persons for the
development
Step 3: Estimate fees
Acres of recreational
fac£1iCy needed
for the development
land fee for the
X acquisition - development
costs per
acre
33
Optionall affordable ~encal housing is implemented by'
the Planned UniC Development District, Multi-Family Entry
Level Rental Rousing Areas, Section 7.27 f,6) of the
Zoning Ordinance of Collie~ County as may be amended
periodically.
Rev.3
A~endment Process
Even though thia Plan is more general and less site specific than
the previous Plan, it is recognized that aa co~=~unity deaizsa and
expectations change, amendments to the Plan ~a7 ba advisable.
?u~auant to ?.S.C:~apte~ 163.200, this Plan rill be reviewed and
amended ii necessary~ ever~ tvelve months beginning twelve months
from the date of adop£ion. A~endments to the Plan may be ini~ia£ed
by the County or individual land o~ners.
A~endmen~s to the Futura Land Uae Hap may be in the form of add-
itional commercial nodes, or an expansion, of the Urban A~ea. Aa
stated earlier~ the boundaries of the land use designations on the
Hap vere draw acco~ding to Eeneral central place theory in combin-
a~ion rich elisting physical characteristic8 of Collier County.
Therefore, if any amendments are ~o be seriously considered, the
burden of proof ChaC changing condi~ions varranC ~he chants lies
~i~h ~he peci~ioner, ba i~ ~he County or a private land o~er.
For those cases vhera expansion of the Urban Area ia being con-
stdered~ the p~operty under consideration should ba contiguous~
or at least in close proxi~tty vith existing lands currently desig-
nated as Urban.
In most cases, no detailed environmental infor~ation will' be re-
quired 'by staff prior to making their reco~mendation pertaining
to a proposed Comprehensive Plan land use change. Ii~ however, it
is determined by staff that a proposed prolect is likely to result
in !rreversibla~ advsrs~ snvironmental impact further environmental
information~ including an Environmental Impact Statement, may be
required before a positive recommendation can be made to the Collier
County Planning Agency.
,i
FUTURE LAND USE ELEMENT
~,ALSpOBJECTIVES A~D POLICIES
The achievement of a quality living environment through a well planned
mix of compatible land uses, while preserving the integrity of the
natural environment.
OBJECTIVE I
The maintenance and enhancement of the quality and character of Collier
County through density controls and development st&ndards.
POLICIES
A. New residen=ial developments shall only be ps,mitred at a density
actual to or less then that defined in the Future Land Use Element.
B. All proposed developments shall he reviewed for compliance with the
~omprehensive Plan and those found ~.ncompatible shall not he
permitted.
C. New developments shall be compatible with and complimentary to the
surrounding land uses.
D. Encourage the use of existing land desi~nated for urban uses besots
perm..itting development in property designated as Agricultural.
E. ~ev growth should b. desired and planned in a ~nner which does
hoc place an excessive econ~ic burden upon the ~ounty'a ae~iees
Encourage the use of cjuster ho~s~nS ~nd planned ~n~t development
techniques to conse~e open space and envLro~entall~ sensitive
areas.
A balanced system of urban arowth ~hich enhances the community withOUt ' : '~"~
adversely affecting the existing support services and facilities,
facilities and semites or funds for the provision of their
proportionate shere of such facilities and services as identified
during t~e review process,
Permit development only in areas where "natural" and "man-made"
systeme are sufficient to sustain development.
36
C. Continua to investigate the feasibility of implementinS an impact
fee system.
OBJECTIVE 3
tn appropriate mix of land uses to Provide for the present and futura
needs of Collier County.
.':.~;.:;" A'. Com~ercial developments shall be located t,o. meet the neighborhood,
'",'-':, c0munfty or regional needs of the residents of Collier Count7.
. .- ~,a ~
B. Scrip comerctal developman~ shall hoc be pe~it~ed.
C, Encourage the ua~ of exiattn~ Co~erciall7 and
designated land.
D. Cuida economic development to encourage a diversification of the
County's economic base and to meet the employment needs o~ present
and future residents.
E. Prohibit co,~,ercial and industrial development that would have
adverse effects on the health and · safety of the residents
:, of Collier County. .
OBJECTIVE ~ ,.
Future lend-use activities ;that are compatible with existing natural
resources.. ,
POLiCiEs ;"'
A. support development that protects a site'e natural resources,
B. Protect the ecological and functional attributes of significant
wetlands.
C. Encourage developers t~ maintain a diversity of native habitats
on site.
D. Prohibit the premature clearing of land and the concomitant
destruction of native habitats.
E. Insure that,.all proposed land-use activities comply with the
goals, objectives, and policies of the Natural Resources
Element.
OBJECTIVE
Encourage, maintain ~nd preserve lands and water with po~antial for
production of food and fiber.
37
POLICIES
Identify those lands in Collisr County which are suitable for
agricultural development and sncourase their use and retention for
airicultural purposes.
Regulate urban encroachment into aSricultural areas and encourage
the long term utilization of productive crop land.
De
Require developments near food producing areas to avoid adverse
impacts on the resources essential to production.
Encourage forest management programs which promote well-arranged
mixed uses and permit the clearing of land only for immediate
acceptable uses with input from local =epressntatives of the
Florida Department of A~ric~lturs~ Division of Forestry.
CP-FUTU~E 1
Revisions 3
~2/~0~5
38
.PAGE
= IB .T BOOK.
LEGAL DESCRIPTION
AS TO UNIT l~
All of NORTH GOLDEN GATE, UNIT 1, a Subdivision of portion of
Sections 22, 23, 26 and 27, Township 48 South, Range 27 East,
lying and being in Collier County, Flqrida, and being more par-
ticularly described in the recorded Plat thereof in Plat Book 9
at Pages 12 to 28, inclusive, according to the Public Records of
Collier County, Florida, less and except State Road S-846,
Collier County, Florida.
:~i'.~:. AS TO UNIT 2=
i"::':' All of NORT}! GOLDEN GATE, UNIT 2, ~ Subdivision of portiohs of
Section 11 and Section 14, Township 48'South, Range 27 East,
Collier County, Florida, being more particularly described in the
::'~'" recorded Plat thereof recorded in Plat Book 9 at Pages 29 through
.... i!.' 43, inclusive, according to the Public Records of Collier County,
Florida, less Stat~ Road S-846, Collier County, Florida.
AS TO UNIT
All of NORTH GOLDEN GATE, UNIT 3, a Subdivision of portions of
Sections 23, 24, 25 and 26, Township 48 South, Range 27 East,
according to the recorded Plat thereof, recorded in Plat Book 9
at Pages 125 through 142, inclusive, according to the Public
Records of Collier County, Florida, less portions formerly con-
veyed by Warranty Deed recorded in Official Records Book 623 at
Page.80, more particularly described as Tract "A" in Block 546
and Tract "B" in Block 547 of NORTH GOLDEN GATE, UNIT 3,.
according to the Plat thereof recorded in Plat Book 9 at.Pages
125 through 142, inclusive of the Public Records of. Collier
County, Florida.
,..: . AS TO UNIT 4t
All of NORTH GOLDEN GATE, UNIT 4, a Subdivision of portions of
ii~"~.,i Sections 24 and 25, Township 4~ South, Range 27 East, and por-
· .,.~ tions of Sections 19. and 30, Township 48 South, Range 28 East,
Collier County, FlOrida, being more particularly described in the
recorded Plat thereof recorded in Plat Book 9 at Page 52 through
:. 64, inclusive, according to the Public Records of Collier County,
Florida.
¸.7
AS TO ~NIT 5~
0 '1180
OR BOOK
All of NORTH GOLDEN GATE, UNIT 5, a Subdivision of portions of
Sections 11, 12, 13 and 14, Township 48 South, Range 27 East and
portions of Sections 7 and 18, Township 48 South, Range 28 Bast,
Collier County, Florida, bein9 more particularly described in the
recorded Plat thereof recorded in ~lat Book 9 at Pages 65 through
72, inclusive% according to the ~ublic Records of Collier County,
.Florida.
AS ~o ~NIT 6,
All of NORTH GOLDEN GATB, UNIT 6, a Subdivision of portions of
Section 13 and 14, Township 48 South, Range Z7 Bast, Collier
County, Florida, being more par~icularly described in the
recorded Plat thereof in Plat Book 9 at pages 74 through 84,
inclusive, according to the Public Records of Collier County,
Florida.
AS TO UNIT 7~ ":,":
All' of NORTH GOLDEN GATE, UNIT ?, a Subdivision of portions of
S. ections 13, Township.48 South, Range 27 East, and a portion of
Section 18, Township 48 South, Range 28 East, Collier County,
Florida, being more particularly described.in the recorded Plat
thereof in Plat Book 9 at Pages 85 through 97, inclusive,
according to the Public Records of Collier County, Florida.
~:4.73~ STATE OF FLORIDA
COUNTY OF COLLIER
I,.JAMES C. GILES, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE 87-13
which was adopted by the Board of County Commissioners on the 24th
day of March, 1987 during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 31st day'of
March, 1987, '.
Clerk of'Courts and ~lork .'1:7,.;':.
Ex-officio to Board ~t~/~. ti
Virginia