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Ordinance 2000-072ORDINANCE NO. 2000- 7 2 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED GGE05; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WILSON BOULEVARD CENTER PUD LOCATED AT THE SOUTHEAST CORNER OF WILSON BOULEVARD AND GOLDEN GATE BOULEVARD IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.15+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, of Hoover Planning and Development, Inc., representing Warren Raymond, Development Officer for Centrefund Development Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 10, Township 49 South, Range 27 East, Collier County, Florida, is changed from "ET!:.Est~s t~.~ ~.2~ "PUD" Planned Unit Development in accordance with the Wilson Boulevard Center;?~UD Document, attached hereto as Exhibit "A" and incorporated by reference herein. ~he '-~ Official Zoning Atlas Map numbered GGE05, as described in Ordinance Number 91-102,~fihe C; ier County Land Development Code, is hereby amended accordingly. co SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this/'~ day of '~~ ,2000. ATTEST: D qhT'E'. BROCK 6LERI Attest as to Chairman's signature on15. Approved as to Form and Legal Sufficiency Maz)ofi6/M. ~tuclem ' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. , CHAIRMAN This ordinance flied with the Secretary of $.tgte's Office the ~clay of _/Yol/'. -, ~ ._ and acknowledgement~ 9f that filing received this ~-Tf-~ clay of - /g'eV. , _z7t:~O_O --- G/admin/PUD-00-13/RB/im 2 WILSON BOULEVARD CENTER PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: WARREN RAYMOND, DEV. OFFICER CENTREFUND DEVELOPMENT CORP. 2401 PGA BOULEVARD, SUITE 280 PALM BEACH GARDENS, FLORIDA 33410 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 and DAVIDSON ENGINEERING, INC. 1720 J. & C. BOULEVARD, SUITE 3 NAPLES, FLORIDA 34109 and ANTHONY P. PIRES, JR. WOODWARD, PIRES & LOMBARDO, P.A. 801 LAUREL OAK DRIVE, SUITE 640 NAPLES, FLORIDA 34108 DATE FILED June 6, 2000 DATE REVISED October 23, 2000 DATE REVIEWED BY CCPC October5, 2000 DATE APPROVED BY BCC _"~~?~2.~ ORDINANCE NUMBER ~,~,o- ?~ EXHIBIT "A" TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS COMMERCIAL AREAS PLAN DEVELOPMENT COMMITMENTS PAGE i ii 1 2 4 6 10 i LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN ii STATEMENT OF COMPLIANCE The development of approximately 7.15 acres of property in Collier County, as a Planned Unit Development to be known as the Wilson Boulevard Center PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Wilson Boulevard Center PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Neighborhood Center of the Estates-Mixed Use Designation as identified on the Future Land Use Map and as described in the Golden Gate Area Master Plan. The Golden Gate Area Master Plan permits commercial land uses in this area. The Project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The Project shall be in compliance with all applicable County regulations including the Growth Management Plan. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Objective 1.2 of the Golden Gate Area Master Plan. 1 1.1 1.2 1.3 1.4 1.5 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the Project name of Wilson Boulevard Center PUD. LEGAL DESCRIPTION The subject property being 7.15 acres, is comprised of 3 contiguous parcels, and is located in Section 10, Township 49 South, and Range 27 East. The legal description of the subject property is: All of Tract 17 and the west half of Tract 18 less the north 75 feet for Golden Gate Boulevard right-of-way, Golden Gate Estates Unit 13, as recorded in Plat Book 7, Pages 71 and 72 of the Public Records of Collier County, Florida. PROPERTY OWNERSHIP Property owners are as follows: West half of Tract 17 is Lloyd J. Ottenstroer and Dale Ann Popp, 13933 Trails End Drive, Lock Port, Illinois, 60441. East half of Tract 17 is Frank Dellecave, 4426- 23rd Ave. SW, Naples, Florida 34116. West half of Tract 18 is Arbelio Rives, 231 Eighth St. NE, Naples, Florida 34120. GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located at the southeast corner of Wilson Boulevard and Golden Gate Boulevard (unincorporated Collier County), Florida. The property is currently vacant and is zoned Estates. It is proposed to be rezoned to PUD for low intensity transitional .commercial land uses, convenience commercial land uses, and intermediate commercial land uses. PHYSICAL DESCRIPTION The Project is located within the Golden Gate Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the Project is to an existing Wilson Boulevard swale along the western boundary of the Project. 2 1.6 1.7 Natural ground elevation varies from 12.7 to 13.6 NGVD and the entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project will be permitted by Collier County. All rules and regulations of SFWMD will be imposed upon this Project including but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, and water quality pre-treatment. The water management system of the Project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pre-treatment will be accomplished by an on-site retention system prior to discharge into the Wilson Boulevard swale. Per the Collier County Soil Legend dated January 1990, the soil types found within the limits of the property are #14 - Pineda Fine Sand and #21 - Boca Fine Sand. The site was historically a hydric pine fiatwoods with scattered cypress. The site is dominated by slash pines, cabbage palms, and cypress. The ground cover is dominated by vines with scattered pockets of swamp fern and palmettos. PROJECT DESCRIPTION The Wilson Boulevard Center PUD will include a mixture of retail and office land uses with a common architectural theme in a rural-type setting. Floor area for these uses shall not exceed 42,000 square feet. The Master Plan is iljustrated graphically on Exhibit "A", PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. SHORT TITLE This Ordinance shall be known and cited as the "Wilson Boulevard Center Planned Unit Development Ordinance". 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other Project relationships. 2.2 GENERAL Regulations for development of the Wilson Boulevard Center PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. Go All conditions imposed and graphic material presented depicting restrictions for the development of the Wilson Boulevard Center PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 4 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Ao The Project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan. Minor modifications to Exhibit "A", may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public) shall be established and/or vacated within or along the property, as may be necessary. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 in effect prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time improvements regarding any dedications and the providing perpetual maintenance of common facilities. of infrastructural methodology for 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 5 3.1 3.2 3.3 SECTION III COMMERCIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the commercial areas as shown on Exhibit "A", PUD Master Plan. GENERAL DESCRIPTION Commercial areas designated on the PUD Master Plan are intended to provide both retail and office uses with a common architectural theme in a rural-type setting. Floor area for these uses shall not exceed 42,000 square feet. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: (1) Apparel and accessory stores (groups 5611 - 5661 ). (2) Automobile supply stores (group 5531 but only the sale of new auto supplies and no on-site installation). (3) Business services (groups 7311, 7334 - 7336, 7377, 7378, 7384). (4) Child day care services (group 8351). (5) Depository institutions (groups 6021-6062). (6) Eating places (group 5812 except for fast food restaurants and restaurants with a drive-through. This shall not preclude cafes, dairy bars, ice cream stands, pizzerias, sandwich shops, soda fountains, and submarine shops). (7) Engineering, accounting, and bookkeeping services (groups 8713, 8721). (8) Food stores (groups 5411 excluding convenience stores, 5421 - 5499). 6 3.4 (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22)Any other commercial use or professional service, which comparable in nature with the foregoing uses. B. Accessory Uses: Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. DEVELOPMENT STANDARDS A. Minimum Lot Area: General merchandise stores (group 5399). Hardware and garden supplies (groups 5231 -5261). Health services (groups 8011 - 8049). Home furniture, furnishings and equipment stores (groups 5714, 5719, 5734, 5735). Insurance carriers, agents, and brokers (groups 6311 - 6399, 6411). Legal services (group 8111). Miscellaneous retail (groups 5912, 5941 -5948, 5992). Motion pictures (groups 7832 but only in conjunction with a sit- down restaurant and 7841). Personal services (groups 7212, 7221 - 7251, 7291). Physical fitness facilities (group 7991). Real estate (group 6531). United States Postal Service (group 4311 except major distribution center). Veterinary services (group 0742 for household pets only and no outside kenneling or overnight boarding). is 7 So Ten thousand (10,000) square feet. Minimum Lot Width: One hundred (100) feet. Minimum Yards: (1) (2) Principal structures: (a) Front Yard - Twenty-five (25) feet. (b) Side Yard - Fifteen (15) feet. (c) Rear Yard - Fifteen (15) feet. Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application. Minimum Distance Between Principal Structures: Fifteen (15) feet. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. Maximum Hei,qht: Thirty-five (35) feet and one (1)-story. Off-Street Parkin,q and Loading Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space Requirements: (1) A minimum of thirty (30) percent open space of the 6.43 acres remaining after subtracting land that is within the Golden Gate Boulevard and Wilson Boulevard rights-of-way shall be devoted to 8 open space, as described in Section 2.2.20.3.5 of the Land Development Code. (2) A minimum of fifteen (15) percent of the 6.43 acres remaining after subtracting land that is within the Golden Gate Boulevard and Wilson Boulevard rights-of-way shall be devoted to natural habitat preserve area, as described in Section 3.9.5.5.4 of the Land Development Code. I. Buffering Requirements: (1) A twenty-five (25)-foot wide buffer shall be provided along both Golden Gate Boulevard and Wilson Boulevard, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (2) A seventy-five (75)-foot wide buffer of retained native vegetation shall be provided along the eastern and southern property boundaries, where no water management and/or parking facilities shall be located. J. Signs: Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code. K. Solid Waste: Trash receptacles shall be screened on three (3) sides by a six (6) to eight (8) foot high opaque masonry wall or fence with an opaque gate on the remaining side for access. L. LiqhtinQ: Pole lighting shall be limited to a maximum height of thirty-five (35) feet and designed so that glare does not extend off-site onto residential properties or onto rights-of-way. N. Architectural Buildin,q Desi,qn: (1) The Project shall meet all applicable standards of Division 2.8 Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects. 9 Oo (2) All building exteriors shall be designed in a rural-type fashion. Common Architectural Theme: All lighting, signage, landscaping and visible architectural infrastructure shall be similar in design throughout the site and have a rural-type appearance. Time Limitations for the Main Multi-Tenant Retail and Office Buildin.q(s) The main multi-tenant retail and office building(s) shall be limited in hours open to the public from 6:00 A.M. to 10:00 P.M. for Sundays through Thursdays and from 6:00 A.M. to 11:00 P.M. for Fridays and Saturdays. This shall not apply during Collier County designated "Hurricane Warnings" or to drugstores. 10 SECTION IV DEVELOPMENT COMMITMENTS 4.1 4.2 4.3 PURPOSE The purpose of this Section is to set forth the regulations for the development of this Project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title shall be subject to any commitments within this agreement. PUD MASTER PLAN Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature except that applicant shall be committed to the Natural Habitat Preserve Areas as shown on the PUD Master Plan. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the Project. 11 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The Project is expected to be developed in one (1) or two (2) phases. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitorin.q Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 ENGINEERING Except as otherwise provided within this PUD Document, this Project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. If the property is subdivided into three (3) or more parcels, a plat shall be required. 4.6 PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 4.7 ENVIRONMENTAL Pursuant to Section 3.9.6.6.5 of the Land Development Code, the petitioner shall implement an exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the subject property. This maintenance plan shall be implemented on a yearly basis at a minimum. 4.8 UTILITIES Ao Since the project site is not presently serviced with centrally provided water and sewer, the project shall utilize well and septic systems until central water and sewer are available. 12 4.9 TRANSPORTATION Ao Work with the Collier County rights-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. The final project access locations and turn lanes shall be approved at the time of site development plan approval. Go All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices, as required by Chapter 316.0745, Florida Statutes. 13 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, 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 NO. 2000-72 Which was adopted by the Board of County Commissioners the 14th day of November, 2000, during Regular Session. WITNESS my hand and the official seal of the BoardJii01f County Commissioners of Collier County, Florida, this 16~h: d-~ of November, 2000 . ., . .- DWIGHT E. BROCK ~ . .~.<,- . ,~ ~,... Clerk of Courts and Cl~k county commis s ionegs By: Ellie Hoffman, Deputy Clerk