Ordinance 80-042 O T ANCE O I. CE
CO~H~SI~ ~ONING ~G~TIONS FOR ~
~INCORPO~TED ~A' OF ~E CO~T~ A~ ~
P~ING DISTRI~ BY ~ING ~E Z~NG
AT~ ~P N~ER 49-25-8 BY C~NGING ~E
ZONING FROM "~-2" ~LTI F~ILY, "~-1"
~LTI F~ILY ~D "A-ST" AG~TURE SPECIAL
T~T~T TO "P~" P~D ~IT D~P~
ON THE FOL~WING DESCRIB~ PROPER~ A
PORTION OF SECTION 34, T~SHIP 49 SO~,
~GE 25 ~ST ON THE ~T SIDE OF G~DLETTE
ROAD
ORDINANCE 80 - ~2 ,u o ~ --
~EREAS, Wilson, Mi11~, Barton, Soll & Peek, Inc.,
representing Anthony ~ncolla, has petitioned the Board of
County Co~issionere to change the Zoning Classification of
the herein described real propertyl
NOW, THE~FORE BE IT O~AINED by the Board of County
Co~issionere of Collier County, Floridaz
SECTION ONE=
The Zoning Classification of the herein described real
property is changed from '~-2" ~lti F~ily, "~-1" ~lti
F~lly and 'A-ST~ Agri~lture Special Trea~ent to "PUD"
Plann~ Unit Develo~ent and £s subJ~t to all the
as re. ired herein and the Zoning Atlas Map' N~ber 49~5-8
as describ~ in Ordinance 76-30 is hereby ~end~ acco~lngl~
THE COMMONS
PROF. ESS IONAL PARK
A
PLANNED UNIT DE~LOPMENT
PREPARED BY~
WAFAA F. ASSAAD,
W/LSON, MILLER, BARTONv SOLL & PEEKv INC.
March 21, 1980
As Approvea by C.A.P.C. March 20, 1980
INDEX
List of Exhibits
Statement of Complianoe
Property Description
Development Area Regulationm
Conservation Area Regulations
Development Commitments
Section 1
Section 2
Section 3
Section 4
Page
1-1
2-1
3-1
4-1
LIST O~ EXHIBITS
A
C
D
F
G
I
Location Map
Aerial Photograph
Topographlo Survey
Soil Map
Vegetation Map
Site Drainage Plan
Development Plan
-ii-
STATEMENT OF COMPLIANCE
The development of approximately 52 acres of property in
Section 34, Township 49 South, Range 25 East, Collier County, .
Florida, ns a Planned Unit Development to bo known as THE
COMMONS - PROFESSIONAL PARK is in compliance with the
planning and development obJeotives of Collier County. These
objectives are set forth in the Comprehensive Plan, whioh
includes the growth policy and official land uso guide, &11
of which were adopted by the Board of County Commissioners.
Tile COMF. ONS - PROFESSIONAL PARK meets the planning and
development objectives for the following reasons~
1)
Subject property is surrounded by developed
properties.
An arterial road is in existence along the
project's western boundary.
The proposed uses are compatible with the
surrounding uses and are in compliance with
the Comprehensive Plan.
Subject property is located within an established
water and sewer service districts.
s)
6)
The project rates points in excess of the
26 points necessary to determine it to have
an adequate level of existing community faollitiee
and services and therefore is not leap-frog
growth.
The project shall comply with the &pplioable
codes and regulations.
-iii-
SECTION 1
PROPERTY DESCRIPTION
1.1. INTRODUCTION AND PURPOSE
IT is the intent of the applicant and/or developer to
establish and develop a Planned Unit Development on approx-
imately 52 acres of property locate~ in Collier County,
Florida.
It is the purpose of this document to provide the required
detail and data concerning the development of the property.
1.2. NAME
The development will be known as THE COMMONS-PROFESSIONAL
PARK.
1;3. LEGAL DESCRIPTION
All that part of Section 34, Township 49 South, Range 25
East, Collier County, Florida and being more particularly
described as followsz
Commencing at the center of Section 34, Township 49 South,
Range 25 East, Collier County, Florida~
(Bearings are based on Bulkhead line Plat Book 1,
pages 24 and 25)~
thence along the East and West 1/4 Section line of said
Section 34, South 89°-57t-ll" East 100.00 feet to the East
~.Right-of-Way line of Goodlette Road (C-851)~
thence along said East Right-of-Way line
South 0°-18t-37# East 48.43 feet!
thence North 89e-56~-59" East 249.79 feet to the
POINT OF BEGINNING of the parcel herein described~
thence Northeasterly 173.98 feet along the arc of a
circular curve concave to the Northwest having a radius
of 293.97 feet and being subtended by a chord which bears
North 72e-$9~-41" East 171.46 feet~
thenc, South 89°-47t-31' East 808.79 feet~
thence North 89~-55~-05" East 993.64 feet to a
point on that bulkhead line as shown on Plat recorde~
in Bulkhead Line Plat Book 1, page 25, Collier County
Public Records, Collier County, Florida~
thence run the following courses along the said
Bulkhead line, 47.27 feet along the arc of & non-tangential
circular curve concave to the West, having a radius of
32.68 feet and subtended by & chord having a bearing of
South 14'-08'-50" East and a length o~ 43.26 feet to a
point of tangency~ South 27e-17'-25# West for 202.44 feet
t~ a point of curvature! 296.89 feet along the arc of a
curve concave to the Southeast, having a radius of 679.46
feet, and subtended by a chord having a bearing of
South 14°-46'-21" West and a length of 294.54 feet to a
point of reverse curvature! 157.10 feet along the are
of a curve concave to the Northwest, having a radius of
541.70 feet, and subtended by a chord having a bearing
of South 10e-33'-47# West and a length of 156.55 feet to
a point'of reverse curvature! 307.67 feet along the arc .
of a curve concave to the Northeastt having a radius of
278.30 feet, and eubtended by a chord having a bearing
of South 12°-47'-59' East and a length of 292.24 feet to
a point of reverse curvature; 135'.31 feet along the
arc of a curve concave to the Southwest, having a
radiue of 100.00 feet, and subtende~ by a chord having
a bearing of South 5e-42'-27N East and a length of
125.21 feet to a point of tangency; South 33e-03'-21"
West for 295.10 feet; and South 33e-27~-51N West 1.93
feet to the South line of the North 1/2 of the Southeast
1/4 of said Section 34! thence along said South line,
South 89'-57'-00" West 1085.29 feet;
thence North 0'-18'-37" West 393.77 feet;
thence South 89e-57'-00' West 553.12 feet;
thence North 0°-18'-37' West 1.36 feet~
thence South 89'-41'-23" West 300.00 feet to the
East Right-of-Way line of Goodlette Road (C-851);
thence along said East Right-of-Way line
North 0°-18'-37' West 678.15 feet!
thence North 89e-56'-59'' East 600.00 feet;
thence North 0"-18'-37" West 200.00 feet;
~hence South 89e-56'-59~ West 350.~1 feet.to the ~oint
..o~'~ginning of the Parcel herein describ~d;
· subject to.easements and restrictions of record.
containing 52.0. acres of land more.or less.
i~4.'PHYSICAL DESCRIPTION
Elevations within the project site range from sea level to
approximately five (5) feet above N.G.V.D. ss shown on the
Topographic Survey. Exhibit "C#.
The soil' types of the site are shown on the Historic
Soils Map. Exhibit "E'.
The vegetation on the site is shown on the Vegetation Map.
Exhibit "F".
1.5. GENERAL DESCRIPTION OF PROPERTY AREA
The general location of the site is iljustrated by the
Location Map, Exhibit "A", and by the Public Service
Facilities Exhibit "I". The project site contains approx-
imately 52 acres.
Prior to the granting o£ this P.U.D. Zoning and at the
time of this application for ~ezon~ng, the Comprehensive
Plan Amendment Application, and the D.R.I./A.D.A. approval
and issuance of the development order; the site was zoned
,I~M-2' and 'RM-i" Residential Multi-Family.and 'A-ST"
Agricultural with special treatment overlay.
2.2.
SECTION II
DEVELOPMENT AREA. REGULATIONS
PURPOSE~
The purpose of this section Is to set forth the plan
and regulations for the areas designates as "Development
Area" on the Development Plan - Exhibit
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~
A. Permitted Principal Professional Uses & Structures=
1. Banks & Financial Institutions.
'2. Boat houses & docks.
3. Business & professional offices.
4. Child care centers.
5. Churches & other places of worship.
6. Civic & cultural facilities.
7. Colleges, universit~es & schools..
8. Commercial schools.
9... Fraternal & social clubs*
10. General offices.
11. Hospitals
12. ~otels
13. Interior decorating showroom & offices.
14. Laboratories - Film, research & testing.
15. Legitimate theatres & motion picture ~heatres'.
16. Medical olinicl, laboratories & offices
(Humans only).
17. Motels
18. Museums
19. Office supply stores
20. On-site essential service & utilities
'21. Parking garages & lots.
22. Post offices
23. Private clubs*
24. Research desig~ etc.
25. Residential - a maw/mum of 100 dwelling units.
26. Rest homes & santariums.
27. 'Restaurants, not including drive-ins.
28. Transportation and communication offices.
29. Utility offices.
30. Any other professional service which ia com-
parable in nature with the foregoing uses &
which the Director determines to be compatible
. in the District.
2-1
Permitted Principal Retail Commercial Uses & Structures:
Limited to a maximum of 15,000 square feet of gross
floor area.
1. Antique Shops
2. Art Studios
3. Art Supply Shops
4. Bait and Tackle Shops
5. Bakery Shops
6. Barber and Beauty Shops
7. Blue Print Shops
8. Book Stores
9. Business Machine ServlOes
10. Clothing Stores
11. Cocktail Lo~nges*
12. Commercial Recreation Uses
13. Confectionery and Candy 8totes
14. Delicatessens
15. Drug Stores
16. Dry Cleaning Shops
17. Florist Shops
18. Furniture Stores
19. Furrier Shops
20. Gift Shops
21~ Gourmet Shops
22. Ilat Cleaning and Blocking
23. 'Health Food Stores
24. Hobby Supply Stores
25. Ice Cream Stores
26. Jewelry Stores
27. Laundries
'28. Leather Goods
29. Liquor Stores
30. Locksmith
31. Markets, Food
32. Music Stores
33. News Stores
34. Photographic Equipment Stores
35. Radio and Televilion Sales and Services
36. Retail Shops and Stores
37. Shoe Repair
38. Shoe Stores
39. Souvenir Stores
40. Stationery Stores
41. Tailor Shops
42. Taxide~mists
2-2
43. Tobacco Shops .
44. Toy Shops
45. Variety Stores
46. Vehicle Rental - Automobiles only.
47. Watch and precision instrument repai= shops.
48. Any other commercial service which is
comparable in nature wi~h ~he foregoing
uses and which the Director determines to
be compatible in ~he dis~riat.
permitted accessory uses and structures~
Accessory uses and structures customarily
associated with uses permitted in this
district.
*In accordance with applicable supplementary district
regulation o~ the zoning ordinance in e££ect at time
of application for building permits.
2-3
011
2.3. Minimum Lot Area= Non,
2.4. Minimum Lot Width= None
2.5. Minimum Yard Requirements= '1, *2, *3
ae
From all project boundary lines (outside PUD
limits)~ a minimum of fifteen (15) feet, in
which no parking is a11owe~ or a distance equal
to one-half (1/2) of the building height whichever
is greater.
Building separationt A minimum of thirty (30)
feet or a distance equal one-half (1/2) of the
sum of their heights whichever is greater.
Ce
Parking structures not exceeding two stories
in height which are located under a principal
structure and which are a part of and/or attached
to the principal structuret a minimum of fifteen
(15) feet from ell project boundary lines (outsi4e
PUD Limits).
Sep~ration between parking structures not exceeding
two stories in height which are locate4 under a
principal structure and which are a part of and/or
attached to the principal structures~ a minimum of
twenty (20) feet or a distance equal to one-half
(1/2) of the sum of the heights of the floors used
for parking purposes whichever is greater.
*1'.~ The above noted minimumyard requirements may be reduce4
in the case of cjustered buildings with a common architectu=al
theme provided that a site plan Is approved by the Community
Development Administrator.
*2. Buildings shall be permitted over-water in the lake areas
provided that a site plan Is approved by the Community
Development Administrator.
See minimum setback iljustration exhibit in the following
page.
*3.
2-4
011
OCCUPIED
FLOOR
PARKING
PARKING
OCCUPIED FLOOR
PARKING
E L,,E,VAT!ON
BOUNDARY ...LINE (OUTSIDE PJ,]~i~
~0' OR
HI ./- H3
2
30* OR
,H2 + H4
2
PLAN
MINIMUM
SETBACK ILjustRATION
2-5
2.6. Minimum Floor Area of Principal Btructure:
One Thousand (1,000) square feet on the ground floor
except that free standing specialty structures of
nationally recognized standard size less than 1000
square feet shall be permitted provided that a site
plan is approved by the Community Development Administrator.
2.7..Maximum Height - Six (6) stories (Habitable Floors) over a maximum of two parking levels.
2.8. Minimum off-street parking and off-s.treet loa~ng
requirements:
As required by the zoning ordinance in effect at time
of application for building permit.
2.9. Minimum Landscaping Requirements:.
As required by the zoning ordinance in effect at time
of application for building permit.
~..~.Limitation o. Signs:.,
A uniform sign regulations and general design scheme
including the free standing entry/directory sign(s),
shall be presented to the zoning department for their
review'and approval prior to.the issuance of any sign
permits.
2.11.Merchandise Storage and Display:
Unless specifically permitted for e given use, outside
storage or display of merchandise l~ prohibited.
2-6
e
SECTION III
CONSERVATION AREA REGULATIONS
3.1. PURPOSE:
The purpose of this Section is to set forth the regulations
for the area designated as 'Conservation Area' on the
Development Plan Exhibit "H'.
3.2. PERMITTED USES AND STRUCTURESI
No building or structure, or part thereof, shall be
erected, altered, or use~ or lar~ or water used, in
whole or in part, for other than the following~
A. Permitted ?rincipal uses and structures subject
'to site plan revieW:
1. Nature trails including boardwalks
2. Boat Houses & Docks
3. Other activities for recreation and
conservation
4. Water Management facilities.
5. Minor access and maintenance facilities.
B. Permi~ted..Accessor~ Uses..& Structures1
Accessory uses and structures customarily
associated with uses permAtted in this District.
3.3 FUTURE TRANSFER OF DEVELOPMENT RIGHTS t
There shall be no request for transfer of developmen~
rights from the conserver/on area, at any time 'in the
future.
3--1 '
SECTION IV
DEVELOPMENT COMMIT~tENTS
4.1.
4.2.
4.3.
4.4 ·
pURPOSE=
The purpose of this section is to sat forth the general
standards and development commitments for the project.
GENERAL=
All facilities shall be constructed in accordance with
all applicable state and local laws, codes and regulations.
PUD MASTER DEVELOPMENT PLAN
A. Exhibit "H" Development Plan, iljustrates the
proposed development.
The Developer of any building parcel shall submit
to the Coastal Area Plannin~ Commission, at ~he time
of application for a building ps=mit, a plot plan for
his building or parcel. Such plot plan shall show
the proposed location of a~l buildings, access roads,
off-street parking and off street l~sding areas,
service areas, required yards and other'open spaces,
screening and buffering, signs, lighting, other
accessory uses and structures and the dis~ribution
of dwelling units, if any, among the proposed
structures. The s~te plan approval, shall require
no public hearing, but shall be reviewed during a
regularly scheduled meeting.
Cm
Ail necessary easements, dedications, or other
instruments shall be granted to insure the continue~
operation and maintenance of all service utilities
and areas in the project.
CLEARINGt GRADINGt EARTHWORK AND SITE DRAINAGE:
Ail clearing, grading, earthwork and site drainage work
shall be performed in accordance with all applicable
State and local codes.
The conservation area in the eastern portion of the project
shall be protected during construction with fencing and
posting.
4-1
4.5. ENERGY
Plat a~proval shall be contingent upon the ~eveloper
demonstrating to the satisfaction of the Collier
County energy officer that energy conservation measures
such as passive building siting, site design and
alternative energy sources such as solar power have .
been considered. At the same time, the developer shall
also demonstrate why these energy conserv&tion measures
not included in the propose4~ development, were re]ecte~.
· (i.e..economically unfeasible or not COSt effective).
4.6. AIR QUALITY .
a. Particulate emission reduction t~hn~ques Such al
watering and.application of oalciumuhloride solution
· ~.....~i.:~.shall.be.'utllize~ during construction phases.
b. The applicant shall secure require~ permits and
' comply with applicable regulations relative to
complex source permits.
a. The applica~t shall apply for the aFplicable Surface
Water Management Permits in compliance with the
applicable regulations.
b. The 'applicant shall ~ncor~orate belt water
management practices for water management control
during the de~aile~ design of the~ra~nage system.
c. The applicant shall consider off-site drainage,
such as Copper£ields Restaurant, which may
contribute runoff to the site, dur. i~g the detalle~.
design of the drainage lylt~.
d. ,~he final water management system design shall be
· reviewed and approved by the County Engineer ~rior
. to the ~ssuan~a o~ bu~ld~ng and/o= construction
permits. '
4.8. FLOOD PLAINS
Prior to any building permit approval, the applicant
shall demonstrate that the. prep~'se~.st=uctures.are in con-
formance with the applicable Floo~ P~aSn Ordinances.
4-2
4.9. HISTORICAL AND ARCHEOLOGICAL SITES
Should any historically or archeologically significant
findings become evident once development is underway,
the applicant shall notify the appropriate State and
County officials before disrupting such findings.
4.10. WATER QUALITY
a. In order to minimize impacts of construction
activity of the drainage system, the applicant
shall provide, during'construction periods,
siltation barriers br curtains to prevent
sediments from directly flowing into the spreader
ditch system.
Drainage from surface areas other than parking lots,
loop roads and other areas where gutters and catch
basins may be utilized, shall be directed to the
retention lake via a grassed swale system.
4.11. TRANSPORTATION
In order to improve the intersection of =oodlette
Road and 7th Avenue North, the applicant shall
purchase the controller, signal heads, and loop
detectors and furnish them to the City of Naples
soon after approvals are secured. The City of
Naples has agreQd to install this equipment, however,
the time of installation is dependent on the railroad
abandonment.
be
As a part of the entrance road oons~ruction, the
applicant shall further improve the intersection
of Goodlette Road and 7th Avenue North by providing
the necessary s~riping within existing.pavements
for left turn lanes for south bound traffic from
Goodlette into the Commons and from east bound
traffic from ?th Avenue North into Goodlette.Road.
The applicant agrees to promote car pooling within
"The Commons" and participate in any mass transit
sytem developed in the Naples urban area.
4-3
a. Prior ~o the issuance of any building permits,
the applicant shall apply for the appropriate
permits from the City of Naples for wastewater
treatment.
b. If ,sewage treatment 'by the City of Naplee ' '
is not' available; the applicant shall then aP'ply
for and receive the proper permits to furnish
alternate sewage treatment faclll~z~es.
4.13. W~TER SUPPLY
Prior to water hoo~ up, the applicant should apply
to the City of Naples for the appropriate water supply .
permits.
not available, the applicant ~ha11 then apply for .
and receive the proper permits to furnish alternate
water supplied..
4-4
SECTION TWOI
This Ordinance shall become e££ective upon receipt of
notice that it has been filed with the Secretary of State.
DATE~ April 22, 1980
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY; FLORIDA
Thts o~tnance filed wtth the Secretary of State's
Offtce theagthdayoCApril. ,gSOand
acknowledgement of that filing received this
Oeput~lerk ~
COU~fY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
T~entieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foresoing is a true original of:
ORDINANCE NO. 80-&2
which was adopted by the Board of County Commissionere during
Regular Session April 22, 1980.
WITNESS my hand and the official seal of the Board of County
Con=niasionera of Collier County, Florida, this 23rd day of April,
1980.
~ILLIAH3. REACAN
Clark of Courts and Clerk
Ex-officio to Board of
.I