Ordinance 86-18 ORDINANCE 86- 1H
AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM-
.'PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR-
PORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE ZONING ATLAS MAP NUMBER 50-26-9 BY
CHANCING THE ZONING CLASSIFICATION £,f THE HEREIN
DESCRIBED REAL PROPERTY FROM A-2 TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS LELY RESEARCH
AND DEVELOPMENT PARK, FOR PROPERTY LOCATED ON
US-& 1, APPROXIMATELY ONE MILE SOUTHEAST OF
RATTLESNAKE HAMMOCK ROAD IN SECTIONS 29 AND 30,
TOWNSHIP 50 SOUTH, RANGE 26 EAST; TO PROVIDE
BUILDING SITES FOR CLEAN LIGHT INDUSTRIAL AND
RESEARCH RELATED USES ON 56.8 ACRES AND PROVID-
ING AN EFFECTIVE DATE.
W~EREAS, Wilson, Hiller, Barton, Soll & Peek, representing
Lely Estates, Inc., petitioned the Board of Ccunty Commissioners to
change the Zoning Classification of the herein described real
property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Co~issioners of Collier County, Florida:
SECTION ONE:
The Zoning Classification of the herein described real prope:ty
located in Sections 29 and 30, Township 50 South, Range 26 Eaat,
Collier County, Florida ts changed fro~ A-2 to "PUD" Planned Unit
Development in accordance with the PUD document attached hereto aa
Exhibit "A" which is incorporated herein and by reference made part
hereof. The Official Zoning Atlas Map Number 50-26-9, aa described
in Ordinance 82-2, is hereby a~ended accordingly.
SECTION TWO:
This Orainance shall become effective upon receipt of notice
that is has been filed with the Secretary of State.
DATE: ~y 6, 1986 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~' ", ' ' ~ ~ of S~.'.~
_~.~~ ",
~ B. C~LER~ ~'
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
LELY RESEARCh{ AND DEVELOPMENT PARK
PREPARED BY:
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
ENGINEERS, PLANNERS & LAND SURVEYORS
1383 Airport Road North
Naples, Florida 33942
DATE ISSUED:November 1~ 1985
DATE REVISED:April 28~ 1986
DATE APPROVED BY BCC.May' 6r 1986
ORDINANCE NUMBER: 86-I8
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
INDEX
List of Exhibits and Tables
Statement of Compliance and Short
Title
Property Description and Ownership
Project Development
Permitted Uses and
Development Standards - Tracts A, C
& D
Permitted Uses and Development
Standards - Tract B
General Development Commitments
PAGE
ii
1-1
2-1
3-1
4-1
5-1
EXHIBIT A
TABLE I
LIST OF EXHIBITS AND TABLES
P.U.D. MASTER PLAN
(Prepared by Wilsor, Miller, Barton
Soll& Peek, Inc.
File No. RZ-128A revised April 1986)
Land Use Summary
ii
STATEMENT Of' COMPLIANCE
The development of approximately 56.8 acres of property i.n Collier ·
County, as a Planned Unit Develcpment to be known as Lely Research
and Development Park will be in compliance with the planning goals
and objectives of Collier Count} as set forth in t~e Comprehensive
Plan. The planned facilities ,~f Lely Research and Development
Park will be consistent with the growth policies, land ~evelopment
regulations, and applicable comprehensive planning objectives for
the following reasons:
The subject property ha~ the necessary rating point~ to
determine the availability of adequate community facilities
and services.
The project development is compatible and complimentary to
the surrounding land uses.
3) Improvements are planned to be in substantial compliance
with applicable regulations.
4) The project development will result in an efficient and
economical extension of community facilities and services.
5) The proJec~ meets the following Comprehensive Plan criteria:
a) Ail industrial areas should have direct access to an
arterial and an internal circulation network which
prohibits industrial traffic from travelling through
predominantly residential areas.
b) The rezone should be ~n the form of a PUD.
c) The proposed site mu~t not be a spot industrial use.
The site must be at least 40 acres in 3ize unless
immediately adjacent to an existing industrial area or
submitted as a part of an interchange
industrial/commercial PUD. In the latter case, the
industrial portion of the PUD must be at least 20 ac~es
in size.
d) The property owner mu3t show a capability fo~, and agree
to, the provision of the needed infrastructure; i.e.,
internal road network, water supply, sewage treatment
and electrical supply.
SHORT TITLE
This ordinance shall be known and cited as the "Lely R .~arch and
Development Park PUD Ordinance.~
iii
S "-CTION I
PROPERTY DESCRIPTION AND OWNERSHIP
1.01 INTRODUCTION, LOCATION, AND PURPOSE
It is the intent of Lely Estates, Inc. (hereinafter
called "applicant or developer') to establish a Planned
Unit Development (P.U.D.) on approximately 56.~ acres of
property located in Collier County, Florida. The subject
property is generally ~ordered by undeveloped property
and has approximately 1300 lineal feet of frontage on
U.S. 41. It is the pur~ose of this document %0 establish
the standards and guidelines for the future development of
this property.
1.02 LEGAL DESCRIPTION
Description of part of the North 1/2 of Sections 29 and 30,
Township 50 South, Range 26 East, Collier County, Florida
(NOT SURVEYED)
All that part of the north, 1/2 of Section 29 and 30, Township
50 South, Range 26 East, Collier County, Florida being more
particularly described as follows:
Commencing at the northeaEterly corner of Block "D" of Myrtle
Cove ,Acres Unit No. 1 according to the plat thereof as
recorded in Plat Book 3, ~,age 38 Public Records of Collier
County, Florida;
thence along the southwesterly right-of-way line of U.S. 41,
(Tamiami Trail) North 39"-04'-00" West 247.15 feet tO the
easterlymost corner of that land as described in O.R. Book
679, pages 170 through 17~ (inclusive) Public Records of
Collier County, Florida;
thence along the boundary of said land in the following two
(2) described courses:
1) South 50~-56'-00' West 300.00 feet;
2) North 89°-35'-00" West. 961.97 feet to the west line of
said land and the POINT OF BEGINNING of the parcel herein
described;
thence continue North 89°-35'-00" West 1540.16 feet;
thence North 0"-25'-06' East 1000.00 feet;
thence South 89"-35'-00" East 432.18 feet;
thence North 0"-25'-00# East 100.00 feet;
thence South 89"-35'-00" East 592.98 feet;
1-1
Description of part of the North 1/2 of Sections 29 and 30,
Township 50 South, Range 26 East, Collier County, Florida
(NOT SURVEYED)
continued
thence North 0"-25'-00" East 79.78 feet;
thence northerly and noztheasterly 473.89 ~eet along the
arc of a circular curve concave to the southeast throuoh a
central angle of 50"-31'-00", having a radius of 537.4?
feet and being subtendec by a chord which bears North
25"-40'-30" Ea:'t 458.69 feet;
thence North 5~-56'-00' East 274.93 feet to the
southwesterly right-of-way line of U.S. 41 (Tamiami
Trail);
thence along said right-of-way line, South 39°-34'-00"
East 1298.05 feet;
thence leaving said right-of-way line, South
West 581.30 feet to the northerly line of that land as
described in said O.R. 679, pages 170-172;
thence along said northerly line, North 89"-35'-00" West
342.55 feet to the northwest corner of said land;
thence along the west l~ne of said land, South 2"-48'-13"
West 308.99 feet to the southwest corner of said land and
the Point of Beginning of the parcel herein de cribed;
subject to easements and restrictions of record;
containing 56.8 acres more or less.
1-2
2.01
2.02
2.03
2.04
SECTIOtl II
PROJECT DEVELOPMENT
PURPOSE
The purpose of this Section is to generally describe the
plan of the development and delineate the general con-
ditions that will apply to the project.
GENERAL PLAN OF DEVELOPMENT
Lely Research and Development Park is a planned ~evelopment
designed to provide building sites for clean light
manufacturing and researck related uses. The project shall
be fully served by all necessary infrastructure, a complete
water management system, and shall fulfill the requirements
and standards of the Collier County Comprehensive Plan for
this type of use.
COMPLIANCE WITH APPLICABLi ORDINANCES
The project is intended to be in substantial compliance
with the applicable Collier County Zoning an~ Subdivision
regulations as well as other Collier County development
codes in effect at the time permits and/or plats are re-
quested.
DEVELOPMENT AND FRACTIONALIZATION OF TRACTS
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 property himself, the
developer shall provide to the Administrator for
approval, prior to t~e development of the tract by the
developer or prior tc the sale to a subsequent owner of
such property, a boundary drawing showing the tract and
the building parcel therein (when applicable) and the
square footage assigned to the property. The drawing
shall also show the location and size of those
fractional parts that do not abut a public street.
In the event any tr.~ct or buLlding 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 :o the development of :he tract by
the developer or prior to the sale to a subsequent owner
of a fractional part, a boundary drawing showing his
originally purchased tract or building parcel and the
fractional parts therein and the square footage assigned
to each of the fractional parts. The drawing shall
also show the location and size of those fractional
parts that do not abut a public street.
2-1
The developer of any tract must submit a Conceptual
Site Plan for the entire tract in accordance with
Section 2.12 of this document prior to Final Site
Development Plan submittal for any portion of that
tract. The developer may choose not to submit a Con-
ceptual Site Plan for the entire tract ~f a Final Site
Plan is submitted and approved for the entire tract.
do
The developer of any tract or building parcel must
submit prior to or at thesame time of application for a
building permit, a detailed site development plan for
his tract or parcel in conformance with the Zoning
Ordinance requirements for site development plan ap-
proval. This plan shall be in compliance with any ap-
proved conceptual s:te plan as well as ? 1 criteria
within this document.
eo
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 amount of building square
footage and the reasonable accessibility of the
fractional parts to public or private roadways, common
areas, or other means of ingress and egress.
fe
If approval or deniel of the fractionalization plan is
not issued within ten (10) working days, the submission
shall be considered automatically approved.
2.05 LAND USES
Table I is a schedule of the intended land use types, with
approximate acreages indicated. The arrangement of these
land use types is shown on Exhibit "A", P.J.D. Master Plan.
Changes and variations in design and acreages shall be
permitted at final design to accommodate topography,
vegetation, and other site conditions. The specific
lccation and size of individual tracts and the assignment
of uses thereto shall be submitted to the Administrator for
approval as described in Section 2.04 of this document.
The final size of the lake and open space lands will depend
on the actual requirements for water management, roadway
pattern, and building sizes and configurations, however,
the lake area shown within Tract B shall not be reduced in
size or width from that shown on the PUD Master Plan.
2.06 DEVELOPMENT SEQUENCE AND SCHEDULE
The Lely Research and Development park is planned to be
developed over an estimated 4-6 year time period, depending
upon future economic factors. Table I indicates, by tract,
the estimated absorption of acreage and maximum building
area for the development period.
2-2
2.07
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.
2.08 EASEMENTS FOR UTILITIES
Easements shall be provided for water manageme-t areas,
utilities and other purposes as may be needed. []id ease-
ments and improvements shall be in substantial compliance
with the Collier County Subdivision Regulations in effect
at the time a permit is reguested 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
compliance with applicable regulations in effect at the
time approvals are requested.
2.09 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION R5GULATIONS
The following requirements shall be waived subject to
review at the time of construction plan submittal.
Article XI, Section 1C: Monuments where such monuments
occur within street pavement areas, they shall be
installed in a typical water valve cover, as prescribed
in the current County standards.
b. Article XI, Section 179: Dead End Streets. Such streets
shall not exceed one thousand (1,000) feet in length.
Article XI, Section 17J: Intersections requiting cur*;ed
streets to have a minimum tangent of 10'} feet at
intersections.
d. Article XI, Section 21: Utility Casings
2.10 LAKE SITING
As depicted on the P.U.D. Master Plan (Exhibit A), lakes and
natural retention areas ha~e 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 efficiency of
the water management net'~ork. Accordingly, tke setback
requirements described in Ordinance 80-26, Section SA, may
be reduced with the appr¢.val 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 excavation
ordinance in effect at the time permits are sought.
2"3
32. $ ~ RO;~JDS
Roads within the develo~nent may be either public or private
roads, depending on location, capacity, and design. The
main roads indicated on the P.U.D. Master. Plan shall be
public roads.
2.12 P.U.D. CONCEPTUAL SITE PLAN APPROVAL
When P.U.D. conceptual site plan approval is desired or
required by this document, the following procedure shall be
followed:
a. A written request for conceptual site plan approval shall
be submitted to the Director for approval. The request
shall include materials necessary to demonstrate that the
approval of the conceptual site plan will be in harmony
with the general intent and purpose of this document.
Such material may include, but is not limited to the
following, where applicable:
Site plans at an ~ppropriate scale showing proposed
placement of structures on the property; provisions
for ingress and eqress, off-street parking and off-
street loading areas; yards and other open spaces.
2) Plans showing proposed locations for utilities hookup.
3) Plans for screening and buffering.
b. In the case of cjustered buildings required property
develop~.ent regulation3 may be waived or reduced provided
a site plan is approve,] under this section.
c. A fee consistant with ~he current fee schedule for County
Site Development Plan approval shall accompany the
application.
d. If approval or denial is not issued within twenty (20)
working days, the submission shall be considered
automatically approved.
2.]3 SITE DEVELOPMENT PLAN APPROVAL
Site Development Plan approval, when desired or required by
this document, shall follow the procedure as outlined in the
Zoning Ordinance.
2-4
LELY RESEARC~ AND DEVELOPMENT PARK
LAND USE SUMMARY
TABLE I
*MAXIMUM
BUILDING APPROXIMATE
DESCRIPTION COVERAGE ACREAGE
Tract A 130,f80 s.f. 5.0
Tract B 274,428 s.f. 10.5
Tract ~ 235,224 s.f. 9.0
Tract D 457,380 s.f. 17.5
Lakes 7.7
Roads and Buffers 7.1
TOTAL DEVELOPMENT 1,097,712 s.f. 56.8 acres
*The maximum area that may be ccvered by the principal building,
accessory buildings and future additions to either, including
loading docks and other non-enclosed working areas, shall not
exceed 60 percent of the total srea of the lot or tract.
2-5
SECTION III
PERMITTED USES AND DEVELOPMENT STANDARDS
TRACTS A, C, AND D
3.01. PURPOSE
The purpose of this Section is to set forth the permitted
uses and development standards for development within Lely
Research and Development Park, Tract3 A, C, and D.
3.02. PERMITTED USES AND STRUC?URES
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:
Permitted Principal Uses and Structures:
a) Business and professional offices; banks; financial
ins~itutions;
b) Light manufacturing, processing, packaging, or
fabricating in completely enclosed building; (no
processing of raw materials)
c) Medical laboratoriE, s; medical clinics; medical
offices, hospitals and hospices;
Printing, lithographing, publishing or similar
establishments;
e) Research design an~ product development activities;
f) Laboratories, provided that:
1) No odor, noise, etc., detectable to normal senses
from off the premises are generated;
2) All work is dor. e within enclosed structures.
g) Any other use which is comparable in nature with the
foregoing uses and which the Director determines to
be compatible in the district.
2) Permitted Accessory Uses and Structures:
a) Accessory uses and structures customarily associated
with uses permitted in this district.
b) Retail sales only as an accessory to principal u~es
above.
c) Caretaker's residences in accordance with applicable
County regulations.
3-1
3.03
Development Standards:
1) Minimum Fractionalization Parcel Area:
acres.
Two (2)
2) Minimum Fractionalization Parcel Width: One hundred
and fifty (150) feet~
3) Minimum ~:etb~qk Requirements for Principal Structures
a) Internal Road Bight-of-way or front yard - 35
feet
b) Side Yard - 15 feet
c) Rear Yard - 25 feet
d) From U.S. 41 property line - 45 feet
e) From all external property boundries - 35 feet
f) From any existing residential structure - 100
feet
4) Maximum ~eight of Structures: Three stories.
5) Minimum Floor Area of Principal Structure: One
thousand (1,000) square feet per building on ground
floor.
6) Distance between principal structures - Thirty feet.
7) Minimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable
Collier County Regulations in effect at the time
permits are sought unless otherwise specified in this
document.
8) Prior tc development of any building parcel, a con-
ceptual site development plan shall be approved in
accordance with Section 2.12 and in accordance with
Section 2.13 and/or the Collier County Zoning
Ordinance.
3-2
9) Landscaped Areas
Landscaping shall be provided in the amounts as
specified on all site~ as follows:
a) At least 50% of the area between the street and
building shall be landscaped.
b) A 15-foot landscape strip shall be installed along
all street property lines, exclusive of driveways,
and walks. When the 15-foot landscape strip
occurs between a parking area or vehicle
maneuvering area, loading area and the street, a
landscape shrub screen of at least 50% opaqueness
and a minimum of 4 feet in height within one year
after installation is required. Mature trees at a
maximum spacing of twenty feet may be substituted
for or combined with the shrub screen. This
landscaping may be calculated as part cf the 50%
landscaping requirement above.
Landscaping.Standards
a) The 50% landscaping requirement in 9 a) above
shall be located on the street side of all walls,
barriers, fences and other screening.
b) All areas not paved or reserved for future
expansion shall be screened by landscaping from
public view with shrubs or trees or is to be
sodded or seeded.
c) Landscaped yard areas may include the use of
flagpoles, screen]s, terraces, fountains, pools and
other water arrangements, and various types of
trees and shrubs. All trees, plants and shrubs
shall be varieties that are adaptable to the local
soil and climate condition and which blend with
existing natural growth and shall be compatible
with adjacent landscaped areas, in the opinion of
qualified landscape architect or horticulturist.
(See Section 5.04.c)
d) All landscaped areas shall be perpetually
maintained in ge.od condition at all times.
e) Landscaping devices shall not obscure site
distances in a manner that may create a traffic
hazard.
3-3
11) Outside Storag~
a) Outside storage i$ not allowed within the project.
12) Lot Coverage Limitations
The maximum area that may be covered by the princi]?al
building, accessory Duildings and future additions to
either shall not exceed 60 percent of the total area
of the lot. The building area includes loading docks
and other non-enclosed working areas.
All buildings within the Park shall be of permanent
type construction with a fire retardant roof.
Exterior walls of all buildings shall be of exposed
concrete aggregate, stucco, glass, terrazzo, brick,
or other similar materials. Concrete, concrete block
or wood siding, providing they meet applicable fire
regulations, are also acceptable materials for
exterior walls, but they shall be finished by
painting, staining or other processing. Exterior
metal clad buildings shall be prohibited.
13) Signs
Only identification signs identifying the name and
business of the persons or firms occupying the
premises shall be permitted. Advertising signs,
billboards or other signs except those specifically
permitted are prohibited.
Identification signs shall generally be placed upon
the outside walls of the buildings, but shall not
extend above the line of the roof meeting that wall.
However, identification signs may be placed in the
front yard setback area when they are constructed and
designed to be a pact of a landscaping element. All
other signs in the front yard setback area, signs
painted on exterior faces of buildings or on roofs or
fences, flashing cr moving signs are prohibited.
Signs shall not be placed or externally illuminated
in a manner which casts glare or is otherwise detri-
mental to neighboring occupancies or to the safe
movement of traffic.
14) Utilities
All electrical and selephone service shall be brought
underground into t~e site and to the buildings from
the nearest available source. Pad mounted electrical
transformers shall be located and screened so as to
prevent viewing from any public street or adjacent
property.
3-4
,oo 02'3,,,? 1"/7
15) Loading
Ail loading must be on the site and no on-st;'eet
loading is permitte~. Truck loading facilities shall
be on the rear or side of the building, although
loading on street fronts may be permitted if screened
from public view as described in Section 9-b.
Truck loading aprons and other loading areas shall be
paved with a dust-free all-weather surface; be well
drained; and be of a strength adequate for the truck
traffic expected.
16) Park in9
Off-street parking spaces sufficient to accommodate
the parking demands generated by the use shall be
provided on the 3ire. Nc on-street parking is
permitted.
Off-street parking areas shall be constructed to
Collier County Standards.
17) Driveways and Access Areas
Maneuvering of vehicles in any public or county-owned
road or street is considered to be against the public
interest and is prohibited. Plans shall provide
areas on the site adequate to back trucks to loading
berths, garages, shop areas, etc., with a clear view
from the cab of the vehicle.
Driveways shall be constructed in confcrmance with
Collier County standards. The edge of a driveway
apron shall be no closer than 10 feet from the
nearest adjacent property line unless adjacent
property owners utilize a common driveway.
18) Maintenance
The owner or lessee of any tract in the Lely Research
and Development Park must at all times keep the
premises, buildin~ls, improvements and appurtenances
in a safe, clean, wholesome condition, and comply in
all respects with all government, health and policy
requirements.
All landscaping and exterior portions of structures
shall be maintained in order to keep aa attractive
appearance.
3-5
SECTION IV
PERMITTED USES AND DEVELOPMENT STANDARDS - TRACT B
4.01. PURPOSE
The purpose of this Section is to set forth the permitted
uses and development standards for develof~ent within Lely
Research and Development Park, Tract B.
4.02. 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:
1) Permitted Principal Uses and Structures:
a) Business and professional offices; banks; financial
institutions.
b) Medical laboratories; medical clinics; medical
offices, hospitals and hospices.
c) Laboratories, provided that:
I) No odor, noise, etc., detectable to normal senses
from off the premises are generated;
2) All work is done within enclosed structures.
d) Any other use which is comparable in nature with the
foregoing uses and which the Director determines to
be compatible in the district.
2) Permitted Accessory Uses and Structures:
a) Accessory uses and structures customarily associated
with uses permitted in this district.
b) Retail sales onl~ as an accessory to principal uses
above.
c) Caretaker's residences in accordance with applicable
County regulations.
,l- 1
4.03
Development Standards:
1) Minimum Fractionalization Parcel Area:
acres.
Twe (2 }
2) Minimum Fraction~lization Parcel Width: One hundred
and fifty (150) teet.
3) Minimum Setback Requirements for Principal Structures
a) I~ternal Road ~ight-of'way or front yard - 35
feet
b) Side Yard - 15 feet
c) Rear Yard - 25 feet
d) From U.S. 41 property line - 45 feet
e) From all external property boundries - 35 feet
f) From existing residential zone~ property - 100
feet
4) Maximum Height of Structures: Three stories.
5) Minimum Floor Area of Principal Structure: One
~housand (i,000) square feet per building on ground
floor.
6) Distance between principal structures - Thirty feet
7~-18) Shall be as per Section III of this doctm, ent.
4-2
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.01 PURPOSE
The purpose of this Section is to set forth the development
commitments of the project.
5.02 P.U.D. Master Plan
a. The P.U.D. Master Plan (Wilson, Miller, Barton, Soil &
Peek, Inc., Drawing File Number RZ-118) is an
iljustrative preliminary development plan. The design
criteria and layout iljustrated on the Master Plan shall
be understood to be flexible, so that, the final design
may satisfy project criteria and comply with all
applicable requirements of this ordinance.
b. All necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance of all service utilities.
c. Minor design changes shall be permitted subject to County
staff administrative approval.
5.03 TRANSPORTATION AND TRAFFIC IMPACT
a. In accordance with all applicable County ordinances,
requiring development to contribute its proportionate
share of funds to accommodate the impact of proposed
develop~,ent on area roads; Lely Estates, Inc. or its
successors or assigKs, agrees to pay road impact fees in
accordance with the adopted fee schedule, at such time as
building permits are requested.
Lely Estates, Inc. further agrees to pay its fair share
for all intersection improvements at the project's access
points to U.S. 41 deemed necessary by the County
Engineer.
b. All internal roads intended to become public roads shall
conform to the collector road cross section as shown on
the PUD M~ster Plan and applicable standards o~ the
Subdivision Regulations, except that they shall have a
minimum of 12" subgrade, an 8" base, and 1 1/2" asphalt
surface (S-1).
c. There shall be only two points of access to the site from
U.S. 41 and they shall be opposite Confederate Drive and
Johns Street.
5-1
5.04
d. Subject to FDOT approval, the developer shall provide
left and right turn lanes on U.S. 41 at each project
entrance.
e. Individual parcels shall have access only.to the int,.rnal
road system. They shall not have direct access to U.S.
4~.
f. The developer shall p~ovide arterial level street light-
ing at each project entrance.
g. Subject to FDOT approval the developer shall provide a
fair share contribution toward the capital cos~ of
traffic signals at the project entrances when deemed
warranted by the County Engineer. The signals shall be
owned, operated and maintained by Collier County.
h. The developer shall provide a bike path along the entire
U.S. 41 frontage.
i. Ail of the above requirements are considered to be site-
related improvements" as defined in Ordinance 85-55, and
shall not be applied as a credit toward the impact fees
required by that Ordinance.
ENVIRONMENTAL CONSIDERATIONS:
The Environmental Adviscry Council reviewed this Petition on
December 4, 1985, and has no objection to its approval
subject to the followin~ stipulations:
a. In cooperation with the Planning Department, NRMD shall
review all proposed industrial facilities prior
to issuance of building permits. If a potential p~oblem
is discovered in relation to toxic waste, the EAC will
then review and approve the proposed facility.
b. For all facilities (e.g., laboratories) that may use or
create substances that could be environmentally
hazardous, state-of.-the-art technology must be used to
minimize or pre%ent any potential environmental
problems.
c. 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 Mangement Department and the Conununity
Development Division 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.
5-2
5.05
d. All exotic plants, as defined in the County Code, shall
be removed during each phase of constru2tion from
development areas, open space areas, and preserve areas.
Following site development a maintenance program shall be
implemented to prevent reinvasion of the site by such
exotic species. This plan, which will describe control
techniques and inspection intervals, shall be filed with
and approved by the Natural Resources Management
Department and the Community Development Division.
e. If during the course of site clearing, excavation, or
other constructional activities, an archaeological or
historical site, artifact, or other indicator 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 corsultant 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.
WATER MANAGEMENT CONSIDERATIONS:
The Water Management Advisory Board considered the
referenced Petition during its regular meeting of December
11, 1985, and had no objection to its approval with the
following stipulations:
a. Detailed site drainage plans shall be submiuted to the
County Engineer for review. No construction p~rmits
shall be issued unless and until approval of the proposed
construction in accordance with the submitted plans is
granted by the County Engineer.
b. An Excavation Permit will be required for the proposed
lake in accordance with Collier County Ordinance No.
80-26, as amended by Ordinance No. 83-3, and as may be
amended in the future.
c. Petitioner shall dedicate necessary outfall canal
easements and a 25 feet wide maintenance easement along
the easterly and southerly boundaries.
d. The lake shown within Tract 'B' shall not be changed.
Such a lake shall have a minimum size of 3 acres and a
minimum width of 200' in any direction so as to provide
the agreed upon buffer between Tract B and the abutting
residential zoned property. Lake locations and sizes
shall be as shown on the PUD Master Plan.
5-3
183
--- m
5.06 UTILITIES
The Utilities Division reviewed this Petition and has no
objective to its approval subject to the stipulations per
their memo dated November 27, 1985, attached,
5-4
TO:
DATE:
FROM:
November 27, 1935
Utilities £ngin~ering Directo
~e: Petition R-85-28C - Lely Research and Development Park (Supercedes
memorandum dated November 18, 1985)
We have reviewed the above referenced Petition and have,no objection to
the rezone as requested. However, we require the following stipulations
as a condition to our recommendation for approval:
A) Water & Sewer
1) 'Water distribution and sewage collection and transmission
systems will be constructed throughout the project development by the
developer pursuant to all current requirements of Collier County and the
State of Florida. Water and sewer facilities constructed within
platted rights-of-way or wit.~.in utility easements required by the County
shall be conveyed to the County for ownership, operation and
maintenance purposes pursuant to appropriate County Ordinances and
regulations in effect at the time of conveyance. All water and sewer
facilities constructed on private property and not required by the County
to be located within utility easements shall be owne~, opermted and
maintained by the Developer, his assigns or successors. Upon completion
of construction of the water and sewer facilities within the project, the-
facilities will be tested to insure they meet Collier Councy'a utility
construction requirements in effect at the time of construction com-
pletion. The above tasks must be completed to the satisfaction of the
Utilities Divlzion prior to placing any utility facilities, County owned
or privately owned, into set-vice.
2) All construction plans and technical specifiaa=ions and proposed
pla=s, if applicable, for the proposed water distribution and sewage
collection and transmission facilities mus~ be reviewed and approved by
the Uc$11ties Division prior tc co~encement of construction.
3) All customers connecting to the water distrlbu~ion and sewage
collection facilities will be customers of the County and mill be billed
by the County in accordance wl:h the County's establishe~ rates. Should
the County not be in a position ~o provide water semite to the project,
the water customers shall be c=s=omers of the interim utility e~tabllshed
co serve the project until :he County's off-si~e wa~eI facilities are
available [o serve the proJec=.
4) It is anticipated that the Count)' Utilities Division will ultimately
supply potable mater [o mee~ ~he consumptive demand of this project.
Should the Coun[y system not be
the project the Developer, a: his expense, will instill and operate
interim water supply and on-site treatment facilities ~,dequa~e to meet
all re~uiremenus of the appropriate regulatory agencies.
man I
To: Ann McKim, Plau. n
ing Dept.
Page 2 ~ll ~
November 27, 1985
5) An Agreement shall be entered into between the County and the
Developer, bln~ing on the Developer, his assigns or suec.~ssors, legally
acceptable to the County, prior to the approval of construction documents
for the proposed project, stating that:
a) The proposed water supply and om-site treatment'.~acllities, if
required, are to be const.-ucted as part of the proposed project and must
be regarded as interim; they shall be constructed to State and Federal
standards and are to be owne~, operated and maintained by the Developer,
his assigns or successors un:Il such ti~e as the County's off-site water
facilities are available to se.-vice the project. The interim treatment
fac±lltles shall supply se:wices only to those lands o~rned by the
Developer and approved by the County for development. The utility
facility(les) may not be expanded to provide water service outside the
development boundary approve~ by the County without the '~ritten consent
of the County. --
b) Upon connection to the County's off-site water facilities, the
Developer, his assigns or successors shall abandon, dismantle and remove
from the site the interim water facility and discontinue use of the water
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.
c) Comnection to the County's off-site water facilities will be made by
the own era, their assigns or successor~ at no cost to th~ County vithin
90 days after such facilities become available. The cost of connection
shall include, but not be limited to, all engineering design and
preparation of construction do:uments, permitting, inter:onnection with
County off-site facilities, water lines necessary to make the connec-
tion(s), etc.
d) At the time County off-site water facilities are available for the
project to connect with, the following water facilities shall be conveyed
to the County pursuant to appropriate County Ordinances ~md Regulations
in effect at the time:
i) All water faciilties constructed in publicly
o~ed rights-of-way or within utility easements requl~ed by the
County within the project limits and those additional
facilities required to make connection with the County's
off-site water and/or sewer facilities; or,
,,, 023,., .:186.
To: Ann HcKim, Plan~in$ Department
~ovember 27, 1985
e) 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 ~ater facilities are available to serve the
project and such connectlo.~ is made. Prior to connection of the project
to the County's off-site water facilities the Developer,'.~ia assigns, or
successors shall turn over to the County a complete list ~gf the customers
se~ed by the interim u~illties s2stem an~ shall no~ compete ~ith ~he
County for the semite of ~hose customers. ~e Developer shall also
provide the County ~ith a detailed lnvento~ of :be f~cilities se~e~
~l~hin ~he project and the en~i~y which ~ill be responsible for ~he wa~er
semite billin~ for ~he project.
f) All construction plans and technical specifications related to
connections to the Countyts off--site ~ater facilities ~dll be submitted
to the Utilities Division for-review and approval prior to commencement
of construction.
g) 'The Developer, his assigns or successors agree to pay all system
development charges at the time that Euilding Permit~ are required,
pursuant to appropriate County Ordinances and Regulations in e,.fect at.
the time of Pe~it request. This requirement shall be ~de kho~-n to all
prospective buyers of proper:les for which building ~ermits will be
required prior to the start of building construction.
h) The County will lease to the Developer for operation and maintenance
the water distribution for the sum of $10.00 per year, when such system
is not connected to the off-site water facilities o~med and operated by
the County. Terms of the leas~ shall be de:ermined upon completion of the
proposed utility construction and prior to activation of the water
supply, treatment and distribution facilities and/or the sewage collec-
tion, transmission and treatment facilities. The Lease, if required,
shall remain in effect un,il the County can provide water service through
its off-site facilities or until such time that bulk rate water service
agreements ar~ negotiated wi~h the interim utility system serving the
project.
~) Water main stub connections to the project's property lines shall be
incorporated into the design of the internal water distribution system .
~o permit lnterconnection ~itb adjacent parcels of land at mutually
agreed upon locations.
To: Ann McKim, Planning Depart.~ent
Page ~
Rovember 2?, 1985
C) Construction and o~mership of the water and sewer £fcilities, including
any proposed interim wa~er :rea:nent facilities, shall be in compliance
with all 9tilities Division standards, Policies, Ordinances, etc. in effect
at the time construction approval is requested.
D) If required, prior to approval of construct/on.:~ocumenta by the
Utilities Division, the Developer must present verification, pursuant to
Chapter 367, Florida Statutes, chat the Florida Public Sec'vice Commission
has granted territorial rights to the Developer to provide water service
to :he project until the County can provide this service through its water
facilities.
E) Detailed hydraulic deeig~ reports covering the wat. r distribution and
sewage collection and transmissiom systems to serve the project most be
submitted with the construction documents for the project. The report
shall list all design assumptions, demand rates and other factors pertinent
to the system under consideration.
F) A Utilities section must be added to the PUD document. 'Z~s Pb~
document shall be revised co make reference to this memorandum, by dace,
and specify the Petitioner's acceptance of the stipulations contained
herein. A revised copy of the Pt~ document mu~t be submitted to :he
Utilities Divisiou for review and ap~rovai prior to sche~uling the Petition
for consideration by the Board of County C~-~issioners.
JFH/sh'~ · '
cc: Ai~I~ Reynolds - Wilson, Miller, ~arton, Soil & ~eek, Inc.
.f
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true original of:
ORDINANCE NO. 86-18
which was adopted by tke Board of County Commissioners
during Regular Session on May 6, 1986.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 12th
day of May, 1986.
,00, 191'