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Ordinance 85-11m m '~ILL1AB .1. (:LER~, OF ,,,OLLIE.n. COYtI'I'Y. FLORIDA b"ItERF~S, Collier Pevelopment Corporation,' petitioned the Board of County Commissioners to chan~e the Zonin~ Classification of the herein described real propertyl NOW, 'fTIEREFORE RE IT ORDAINED by the Board of County Comissloners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described reel property located in Sections 11, 12 & 13, Toimship 50 S, llanos 25, Collier County, Florida is chan%sd from C-3 and PJ~F-6 to "PUD" Planned Unit Development in accordance with the PUD document attached hereto aa Exhibit "A" which is incorporated herein end by reference ,-ads part hereof. The Official Zonin~ Atlas ~lap Number, Number 50-25-1 & 50-2S-6, as described in Ordinance 82-2. is hereby amended accordin&ly. ,o,, 019,,,:347 SECTION TWOt This Ordinance ehall becmae effective upon receipt of notice that is hae been filed vith the Becretary of Btate, DATEr ~tarch 19, 1985 BOARD OF COUSTY COI~HISSIONERS COLLIER COU~W, FLORIDA FREDF-R;C~ J, ~VOSS, CHAIPJ~AN ~ "*. .... J~PPit(~'I~t'A$ TO ,vOR~ AJ~ID LECIL SUFFICI~CT Ord,.... STATE OF FLORIDA ) COUNTY OF ~OLLIE~ ) I, ~ILLI~ 3. ~AG~, ~lerk of Courts In and for the ~en~leth 3u~lci~l Circui:, Collior County, Florida, do hereby certify tha~ ~he fore~oiu~ is a true original O~I~C~ 8~-11 ~hich ~as adop~od by ~he Board of Cowry Comis,ioners during ~egular Session on the lg~h day of ~arch, 1985. ~I~ESS my hand and ~he officisl seal of the ~o~rd Coun:y Co~issioners of Collier County, Florida, this 19~h ' ' day off ~arch, WILLIAM J. REACAN Clerk of Courte and Clerk Ex-Officio to Board of County Commissioners ~f,{rginia Magr~/ Deputy Clerk A COM~tERCIAL PLANNED UNIT OF DEVELOPMENT fOR 20.08 ACRES LOCATED IN SECTIONS 11, 12, AND 13, TOWNSRIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA PREPARED BY ~ COLLIER DEVELOPMENT CORPORATION 3003 NORTH TAMIAMI TRAIL NAPLES, FLORIDA 33940 DATE ISSUED 3/19/85 DATE APPROVED BY CAPC 1/17/85 DATE APPROV.'S',~ BY BCC 3/19/85 (OI~DI NAI~C~ NO.) 85-11 TABLE Ol~ CONTENTS SECTION I STATENENT OF COMPLIANCE .......... SECTION I! STATENENT OF INTENT ............ SECTION III PI~0PERTY OWNERSHIP & LEGAL DESCRIPTION. . . SECTION IV GENERAL DEVELOPMENT REGULATIONS ...... SECTION V GENERAL DEVELOPMENT COMMITMENTS ...... PAGE 4-8 9-14 SECTION I STATF2tENT OP COMPLIANCE The purpose of this 'Section ia to express the interest of Collier Development Corporation to develop 20.08 acres of land located in Sections 11, ll, and 13, Township 50 South, Range 25 East, Collier County, Florida. The development of this land aa a Planned Unit of Development will be in compliance with the planning goals and objectives of Collier County as sst forth in the Comprehensive Plan. The project development will be consistent with the growth policies and land development regulations of the Comprehen- sive Plan Land Use Element and other applicable documents for the following reasons, 1) 2) 3) 4) 5) 6) The subject property has the necessary rating points to determine criteria for commercial rexones and the availability of adequate community facili- ties and services. The project development Is compatible complementary to the surrounding land uses. and All Improvements will be in compliance with all applicable regulations. The ptoJect development will result in an efficient and economical extension of community facilities and services. The project development may be used more effi- ciently and made more desirable resulting in smaller network of utilities and streets with consequent lower conatr,3ction and future mainte- nance costs than the conventional current zoning. The project development will permit flexibility which features amenities and excellence in the form of variations and in siting, land usage, and varied building units than the conventional current zoning. -1- SECTION II STATEMENT OF INTENT The Durpose of thil lection is to express the intent of Collier Development Corporation to commence development of a commercial hotel/shopping center planned unit of development. It is the intent of Collier Development Corporation to continue the development of architecturally unified commer- cial establishments built on the project site and on the concept of planned arrangement and unified management con- t:ol. The unifi=d development approval under the PUD dis- trict designation will ensure that the hotel/shopping center is aesthetically pleasing and functionally efficient. It will allow an efficient pattern of internal circulation to be established, and limited points of vehicular ingress and egress. Thele functional and aesthetic advantages, which cannot be provided in the conventions1 Itrip commercial development configurations, have been maximized and shall be justained in the approval of this planned unit of develop- ment. This planned unit of development shall be limited to specific commercial uses which are compatible and inter-related to the business operations of a hotel/shopping center. It is the interest of Collier Development Corporation to continue development in accordance with the regulations of this Planned Unit of Development. It is the purpose of this document to set forth the complete plan, regulations and conditions of development along with other Information required in accordance with the PUD ordinance. It is further the intent of Collier Development Corporation to commence development once all neccaaary permits and approvals have been granted. -2- SECTION III 3.1 PROP£RTY OWNERSHIP The subject property is currently under the control of Collier Development Corporation, 3003 North Tamiami Trail, Naples, Florida 33940. 3.2 LEGAL DESCRIPTION The subject property is described A tract of land in Sections 11, 12 and 13, South, Range 25 East, Collier County, particularly described as follows) Township 50 Florida, more From a concrete monument marking the southwest corner of Section 12 and the point of beginning of the herein described tract run along the south line of said Section 12, S 89 degrees 59'12" E 331.40 feet; thence S 00 degrees 15'36" E 126.12 feet to the north line of Baldeman Creek (Deed Book 28, page 1933; thence continue S 00 degrees 15'36" E 150.01 feet to the south line of said Haldeman Creek; thence N 89 degrees 01"07" E 838.57 feet to the southwesterly right-of-way line of US 41; thence along said right-of-way line N 39 degrees 03'31" W 1306.74 feet to a point of curvature! thence 401.97 feet along the arc of a curve to the left having a radius of 1773.76 feet, a central angle of 12 degrees 59'04' and a chord bearing N 45 degrees 33'03" W 401.11 feet to a point of tengency; thence continue along said right-of-way line N 52 degrees 02'35' W 85.20 feet to a concrete monument marking the northeast corner of Lot 3, Block A, Zastgate Subdivision (Plat Book 1, page 56)~ thence along tbs east line of said Lot 3 S 00 degrees 18'23" E 97.77 feet; thence S 89 degrees 12'11" W 138.50 feet along the north line of Lot 4 in said Eastgate Subdivision; thence S 00 degrees 11'18" E 100.28 feet; thence N 89 degrees 13'43" E 138.71 feet along the north line of Lot 6 in said Eastgate Subdivision; thence S 00 degrees 18'23' E 100.34 feet; thence S 89 degrees 15'15" W 138.91 feet along the south line of Lot 7 in Eastgate Subdivision; thence S 00 degrees 11'18" E 757.17 feet along the east line of Peters Avenue; thence N 89 degrees 28'37" E 140.47 feet along the north line of the south 30 feet of Lot 23, in said Eastgste Subdivision (O.R. Book 34, page 472); thence S 00 degrees 18'23" E 30.00 feet to the Point of Beginning. The described lands containing 20.08 acres. Described and computed in accordance with Survey Drawing No. 84.107-2, Coastal Engineering Consultants, Inc. -3- mm mm mm SECTION IV GENERAl, DEVELOPMENT I~GULATIONS The purpose of this section ie to met forth the regula- tions for development of the proposed 20.08 acrs Planned ~nlt of Dsvslopment identified on the ~aater Development Plan. 4.2 ~ Tbs project plan including street layout la iljustrated in the Master Development Plan as prepared by $chmitt Design and Associates, Inc., Drawing No. 426 A. 4.3 ~ No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following~ A. Principal Uses~ 1. Antique shops 2. Appliance stores 3. Art studios 4. Art supplies 5. Automobile parts stores 6. Automobile service stations 7. Bakery shops (including baking incidental retail or wholesale sales) 8. Banks (branch or main office) institutions 9. Barber and beauty shops 10. Bath supply stores 11. Blueprint shops 12. Bicycle sales and services 13. Book stores 14. Carpet and floor covering salem storage and installation) 15. Child care centers 16. Cocktail lounges on hotel commercial recreation (indoor) 17. Clothing stores 18. Commercial schools 19. Confectionery and candy stores to and financial (including site only, -4- 20. Delicatessent drive-in restaurantst drug stores! dry cleaning shops! dry qoods stores and department stores 21. Electric supply stores 22. Fish storesl florist shops! food markets~ furniture stores! furrier shops and fast food restaurants 23. Gift ihopl, gourmet shops 24. Hardware stores~ health food stores~ hobby supply storest homes for the aged~ hotels and motels 25. Ice cream stores~ ice sales~ interior decora- ting showrooms 26. Jewelry stores 27. Laundries, leather goods, and luggage stores~ locksmiths and liquor ~tores 28. Heat market! medical office or clinic for human cars~ millinery shops~ motion picture theatsr~ music stores 29. Office (retail or professional)~ office supply stores 30. Paint and wallpaper stores~ pet shops~ pet supply stores~ photographic equipment stores~ post office 31. Radio and television sales and servics~ small appliance stores! shoe sales and repairs~ restaurants 32. Souvenir stores~ stationery stores~ shopping centers! supermarkets subject to site develop- ment plan approval 33. Tailor shops! tobacco shops~ toy shops~ tropical fish stores 34, Variety storss~ veterinary offices and clinics (no outside kenneling) 35. Watch and precision instrument sal~s and repair 36. Any other commercial use or professional service normally allowed in C-3 Zoning Dis- trict with approval of the Zoning Director. Permitted Accessory Uses and Structures= 1. Accessory uses and structures customarily associated with the uses permitted in this district 2. Caretaker's residence Ce Exception to Maximum height Development Plan Approval: Subject To Site The building height over 70' for the hotel/motel up to a maximum height of 100 feet is subject to site developn~nt plan approval in accordance with the Zoning Ordinance. 4,4 MINIMUM YARD ae From property boundary line abutting U.S. 41 right- of-way line - 15 feet within which no parking shall be allowed nor any merchandise displayed. From western property boundary line abutting Peters Avenue right-of-way line - 25 feet From abutting residential zoned propertic~ and the southern property boundary line - 50 feet From property boundary line other than A, B, or C above - 10 feet Ee Minimum distance between principal structures -none or 15 feet 4 · 5 FIZ:)OR AREA REO[].IREMEFI'S FOR MAXIMUM NUMBER D? UNYT'q HOTFL/MOTEL UNITS AND Three hundred square feet minimum with a five hundred square foot maximum except that 20% of the total units n~y be utilized for suites or penthouses. The maximum permitted number of unit~ ia 155 units. Seventy feet (70') for hotel/motel except as provided for in Section 4.3(C)1 all other uses thirty-five feet (35') 4 .'7 MINIMUM OFF-STREET PARKINO AND OFF-STREET LOADINC As required by the Zoning Ordinance in effect at the time of application for building permits. The developer intends to request approval by the Zoning Director for the substitution of landscaping for parking provided that these landscaped areas are reserved for future parking if the County determines additional spaces are needed. Should the developer request substitution of landscaping for parking on the hotel site, consideration of such a request shall be given first to the area adjacent to and along the western property boundary of the single family residential zoned properties. -6- 4.8 U~RLR OPeN ~PACR At least 301 of the gross acreage of the total site will be devoted to usable open space when fully developed. These open spaces include perimeter landscape buffers, planting islands in parking lots and other vehicular use areas, and the landscaped areas on the perimeter of the building. 4.9 ~ A. Individual Business Signsz Wall, marquee, or hanging signs below the canopy of the shopping center, with an area not more than twenty percent (20%) of the total square footage of the front wall or facade area under the canopy, with a maximum of 250 squa£e fees per rental unit. B. Out Parcel Slgns~ Two wall or marquee signs per out parcel with an area not to exceed 20% of the total square footage of the wall to which it shall be affixed, with a maximum of 250 square feet per sign, or one wall/ marquee sign and one free-standing, on-premise sign per out parcel not to exceed one hundred (100) square feet maximum. Maximum height, twenty-five feet (25') for free-standing signs. Project Identification Signsz Two project identification signs, each not to exceed two hundred and fifty (250) square feet and one project identification sign at each major entrance to the shopping center not to exceed one hundred and fifty (150) square feet per entrance. Maximum height, twenty-five feet (23'). P. Additional Design Requirements~ Additional guidelines which are more stringent than those contained in the Zoning Ordinance in effect at the time of application for a building permit may be established by the developer to ensure maximum consistency and continuity in the design and location of signs. -7- 4.10 MINIM~'M ~ND~CAPIN(~ As required by the Zoning Ordinance in effect at the time of application for building permits. To serve as a visual buffer, the project sponsor will landscape in conjunction with a six foot (6') high chain link fence. Beginning at the south driveway on Peters Avenue, the fence will be located along the property boundary line and run southward to the point of intersection with the northe=n line of Haldeman Creek drainage easement. For the residential properties to the south, ~ gate for pedestrial access will be provided by the developer. A landscape buffer in accordance with Section 8.37 of the Zoning Ordinance will be provided beginning along the west project boundary commencing at the south dtiveway on Peters Avenue and continue southward to the point of intersection with the northern line of ~aldeman Creek drainage easement which is adjacent to oc across from tesidentially zoned ptope=ty. It is the developer'e intention to p=ovide additional landscaping beyond the landscape buffer requirements of the Zoning Ordinance to c~eate an outstanding shopping environment. -8- SECTION V GENERAL DEVELOPMENT COMMITMENTS The purpose of this Section is to set forth the stand- ards for the development of the project. PUD MAET~.R D£VELDPM£NT pLAN Ae Be The PUD Master Development Plan is an iljustrative preliminary development plan as prepared by Schmitt Design and Associates, Inc., Drawing No. 426 A. The specific uses and the layout of Out Parcels No. 1 and 2 have not been determined. The maximum square footage of the shopping center and outpar- cell, excluding the hotel/motel lite, shall not exceed 114,475 total square feet. The desig, criteria and layout iljustrated in the Master Development Plan and the architectural elevations and cross-sections bnich accompany thio submission shall be interpreted as preliminary and understood to be flexible so that the final design may best satisfy the project and comply with all applicable requirements. Minor design changes shall be permitted subject to Staff approval. All necessary easements, dedications, or other instruments shall be granted to insure the contin- ued operation and maintenance of all service utilAties. Overall site design shell be harmonious in terms of landscaping, enclosure of structure, locations of all improved facilities, and location and treatment of buffer areas. 5.3 ~ A centrel weter supply system shall be made avail- able to all areas of the project. The water supply source for the project shall be the City of Naples system. The developer shall submit with the con- struction documents for the proposed utility facilities a letter from the City of Naples which confirms their intent to furnish potable water service to tho project. -9- Al! areas of the prelect shall be served by a central wastewater collection system and by a temporary on-site treatment system in an approved location. Tho project sponsor agrees to dedicate collection lines and transmission facilities to the County Water-Sewer District upon completion and prior to activation. Data required under County Ordinance No. 80-112 showing the availability of sewage service, must be lubmitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER psrmlts for the sewage collection and transmission systems and the wast.water treatment facility to be utilized, upon receipt thereof. Central 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. These water and sewer facilities will be ~onstructed within ease- ments to be dedicated to the County for utility purposes o~ within platted rights-of-way. Upon completion of construction of these water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be dedicated to the County pursuant to appropriate County Ordinances and Regulations in effect at the time dedication is requested, prior to being placed into service. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and trans- mission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. All customers connecting to the water distribution facilities will be customers of the City of Naples. All customers connecting to the sewage collection facilities will be customers of the County and will be billed by the County in accordance with a rate structure and service agreement approved by the County. Review of the proposed rates and subse- quent approval by the Board of County Commissioners -10- must be completed prior to activation of the water and sawer facilities servicing the project. Rate reviews muut be in full compliance with County Ordinances No. 76-71 and 83-18 aa amended, revised or superseded. It is anticipated that the County Utilities Divi- sion will ultimately treat the sewage generated by this project. Should the County system not be in a position to receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regula- tory agencies. The developer shall enter into agreement with the County stating that~ 1. The proposed on-site waatewater treatment and disposal facilities, if required, are to be constructed aa part of the proposed project and must be regarded as interim! they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Owner, his assigns or successors until such time as the County's Central Sewer facilities are available to service the project. Prior to placing the sewage collec- tion, tranamlsston and treatment facilities Into service, the Developer shall submit, to the County (Utility Rate Regulating Board) for their review and approval, a schedule of the rates to be charged for providing sewage treatment to the project area. 2. Upon connection to the County's Central Sewer Facilities, the Owner, his assigns or succes- sors shall abandon, dismantle and remove from the site the interim sewage treatment facil- Ity. Ail work related with this activity shall be performed at no cost to the County. 3. Connection to the County's Central Sewage Facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. -11- 4e 5e All construction plans and technical specifi- cations related to connections to the County's Central Sewer Facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. The o~ners, their assigns or successors shall agree to pay all applicable system development charges at the time that Building Permits are required, pur~uant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. The County at its option may lease for oper- ation and maintenance the sewage collection and transmission system to the project owner or his assigns for the sum of $10.00 per year· Terms of the lease shall be determined upon completion of the proposed utility construc- tion and prior to activation of the sewage collection, transmission and treatment facil- ities. Telephone, power, and T. V. cable service shall be made available to the building units. Ail such utility lines shall be installed underground. J. Lighting facilities shall be arranged in a manner which viii protect neighboring residential proper- ties from direct glare. 5.4 SOLID WASTE DISPOSAL Such arrangements and agreements as necessary shall be made with an approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 5.5 WATER MANAGEMENT A detailed Master Drainage Plan shall be submitted to the water Management Advisory Board for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Zngineer. -12- 5.6 5.7 An Excavation Permit will be r~quired for the proposed 1&ks in accordance with Collier County Ordinance Number 80-26, as amended by Ordinance Numbsr 83-3. ae The dsveloper shall provide the following improve- ments~ 1) Traffic signalization at intersection of US 41 and Courthouse entrance/western project entrance. 2) A right-turn lane into the project for east- bound traffic along US 41 and a left-turn lens for wc~tbound traffic and intersection improvements as required by DOT and County Engineer at the Courthouse entrance. Access to Peters Avenue The CAPC shall approve along U.S. 41. shall be limited to two. any additional accesses Ce The developer will provide an asphalt sidewalk along U. S. 41 if the Plorida Department of Trans- portation does not make this improvement within three years. ENVIRDNMENTAL CONSIDERATIONS Be Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. The goal of site landscaping shall be in the recreation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open apace 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 Office and the Building Department. If during the course of site clearing, excavation, or other constructional activities, an archaeolog- ical or historical site, artifact, or other indica- tor is discovered, all development at that location -13- U19,,,.,363 Be shall be lmmldiltely stopped and the Natural Resources #anegement Office notified. Development will be luu~e.d~ fo= I sufficient length of time to enable the Natural Resources Management Depart- ment o= & designated consultant to assess the find ~nd determine the p~'oper course of lotion in regard to its salvageability. The Natural Resources Hansgement Office will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. The developer will work with the County gnvironmen- taller on specific site design in the area of the hotel. %~ee removal applications and protection plans have not been reviewed as part of this p~ ordinance. The developer shall comply with all Collier County Ordinances relating to the protection and preserva- tion of trees. -14- ' I I[!iJi;i, ',;~ I t t