Loading...
Ordinance 2014-06 ORDINANCE NO. 14- 06 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RESIDENTIAL MULTI- FAMILY-12 DISTRICT (RMF-12) WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO ALLOW UP TO 10,000 SQUARE FEET OF COMMERCIAL USES FOR A PROJECT TO BE KNOWN AS 7- FOODMART CPUD ON PROPERTY LOCATED ON THE EAST SIDE OF SANTA BARBARA BOULEVARD, NORTH OF GOLDEN GATE PARKWAY IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20130001352) WHEREAS, Tim Hancock of Davidson Engineering, Inc. representing the petitioner, Deonarine Enterprise "Inc.", petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 21, Township 49 South, Range 26 East, Collier County, Florida is changed from a Residential Multi- Family-12 District (RMF-12) within the Santa Barbara Commercial Overlay District to a Commercial Planned Unit Development (CPUD) within the Santa Barbara Commercial Overlay District for a project to be known as 7-Foodmart CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. 7-FOODMART -PUDZ-PL20130001352 Page 1 of 2 Rev. 1/07/14 9 PASSED AND DULY ADOPTED by su er-majority vote of the Board of County Commissioners of Collier County, Florida, this e day of rd,oil 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY FLORIDA ,4 sN` � C:A at att0!~ �Crk TOM HENNING, C�.irman ,,,ignaturef'i i r Approved as to form and legality: b\c,c4 Heidi Ashton- icko Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B —Development Standards Exhibit C —Master Plan Exhibit D—Legal Description Exhibit E—Deviations Exhibit F—Development Commitments CP\13-CPS-0125\43 This ordincnce filyda with the S crwtory of `S:c+te.'s Office the clay of - w -- o� l and acknowiedgern€n that filini received this g day of 1�0!-- ♦3y Deputy Cleric 7-FOODMART - PUDZ-PL20130001352 Page 2 of 2 Rev. 1/07/14 CD EXHIBIT A PERMITTED USES: The 7-Foodmart Commercial Planned Unit Development (CPUD) is allowed a maximum of 10,000 square feet of gross floor area of limited commercial uses consisting of retail, service and/or office uses. Permitted Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following primary uses: A. Principal Uses 1. Accounting(8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Amusement and recreation services (7999,bicycle and moped rental only). 5. Animal specialty services, except veterinary (0752, dog grooming and pedigree record services only) excluding outside kenneling. 6. Apparel and accessory stores (5611-5699). 7. Architectural services (8712). 8. Auditing(8721). 9. Auto and home supply stores (5531). 10. Banks, credit unions and trusts (6011-6099). 11. Barber shops (7241). 12. Beauty shops (7231). 13. Bookkeeping services (8721). 14. Business associations(8611). 15. Business consulting services (8748). 7-Foodmart CPUD PU) -P[.2013-1352: PUI)Document Page 1 of 11 Revised January 7;2014 CA 16. Business credit institutions (6153-6159). 17. Child day care services (8351). 18. Civic, social and fraternal associations (8641). 19. Commercial art and graphic design (7336). 20. Commercial photography(7335). 21. Computer and computer software stores (5734). 22. Computer programming, data processing and other services (7371-7379). 23. Credit reporting services (7323). 24. Dance studios, schools and halls, (7911). 25. Department stores (5311). 26. Direct mail advertising services (7331). 27. Drug stores (5912). 28. Eating places (5812, except contract feeding, dinner theaters, food service - institutional, industrial feeding). 29. Educational services. 30. Electrical and electronic repair shops, miscellaneous (7629 - except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines). 31. Engineering services (8711). 32. Federal and federally-sponsored credit agencies (6111). 33. Food stores (5411 - except supermarkets, 5421-5499). 34. Funeral service (7261). 35. Garment pressing, and agents for laundries and drycleaners (7212). 36. General merchandise stores (5331-5399). 37. Glass stores (5231). 7-Foodmarf CPUD PUDZ-PL2013-1352: PUD Document Page 2 of 11. Revised January 7,2014 38. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04 of the LDC 39. Hardware stores (5251). 40. Health services, offices and clinics (8011-8049) 41. Home furniture and furnishings stores (5713-5719). 42. Home health care services (8082). 43. Insurance carriers, agents and brokers (6311-6399, 6411). 44. Labor unions (8631). 45. Landscape architects, consulting and planning (0781). 46. Laundries and dry cleaning (7215). 47. Legal services (8111). 48. Loan brokers (6163). 49. Management services (8741, 8742). 50. Membership organizations, miscellaneous (8699). 51. Mortgage bankers and loan correspondents (6162). 52. Museums and art galleries (8412). 53. Musical instrument stores (5736). 54. Paint stores (5231). 55. Personal credit institutions (6141). 56. Personnel supply services (7361 & 7363). 57. Photocopying and duplicating services (7334). 58. Photofinishing laboratories (7384). 59. Photographic studios (7221). i tSru nu! P(11) 1,1 1)/-P1 ?1)1.:._1,2;: PI I) I)))il punt Page 3 of 11. Re;•,[ J 1,111u,0 7.20('4 c� 60. Physical fitness facilities (7991). 61. Political organizations (8651). 62. Professional membership organizations(8621). 63. Public administration (9111-9199, 9229, 9311, 9411-9451,9511-9532, 9611-9661). 64. Public relations services (8743). 65. Radio,television and consumer electronics stores (5731). 66. Radio, television and publishers advertising representatives (7313). 67. Real estate (6521-6541). 68. Record and prerecorded tape stores (5735). 69. Religious organizations (8661). 70. Retail services, miscellaneous (5912, 5942-5961, 5992-5999). 71. Retail nurseries, lawn and garden supply stores (5261). 72. Secretarial and court reporting services (7338). 73. Security and commodity brokers, dealer, exchanges and services (6211-6289). 74. Shoe repair shops and shoeshine parlors (7251). 75. Social services, individual and family (8322 - activity centers, elderly or handicapped; adult day care centers; and, day care centers, adult and handicapped only). 76. Social services, not elsewhere classified(8399). 77. Surveying services (8713). 78. Tax return preparation services (7291). 79. United State Postal Service (4311 except major distribution center.) 80. Veterinary services (0742 veterinarian's office only, excluding outdoor kenneling.) 81. Videotape rental (7841, excluding adult oriented stores.) 82. Wallpaper stores (5231). 7-I oodmart C'PUI)PUDZ-PL2013-1352: PIII)Document Page 4 of 11 Revised January 7,2014. c,� 83. Watch, clock and jewelry repair(7631). 84. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B.Prohibited Uses 1. Gasoline service stations (5541) or any gasoline sales. 7-Foodmari CPUD PUDZ-PL2013-1352: PIJI)Document Page 5 of 11 Revised January 7,2014 0 EXHIBIT B DEVELOPMENT STANDARDS: TABLE I COMMERCIAL DEVELOPMENT STANDARDS Table I below sets forth the development standards for commercial land uses within the proposed Commercial Planned Unit Development (CPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat, consistent with C-2 zoning. PRINCIPAL USE ACCESSORY USE MINIMUM LOT AREA 43,560 square feet N/A MINIMUM LOT WIDTH 100 feet N/A MINIMUM FLOOR AREA 1,000 square feet(ground N/A floor) MAXIMUM FLOOR AREA RATIO N/A PUD SETBACK REQUIREMENTS MINIMUM BUILDING SETBACK 25 feet S.P.S. (FROM SANTA BARBARA BOULEVARD) MINIMUM BUILDING SETBACK (FROM NORTH BOUNDARY&SOUTH 15 feet 10 feet BOUNDARY) MINIMUM BUILDING SETBACK 15 feet 10 feet (FROM TROPICAL WAY ALLEY) MINIMUM DISTANCE BETWEEN 10 feet 0 feet (principal to STRUCTURES accessory) MAXIMUM BUILDING HEIGHT • Zoned: 35 feet/2-stories 25 feet. • Actual: 42 feet/2-stories 32 feet Note: Permanent accessory structures, such as dumpster enclosures, shall not be permitted in the drainage and utility easement. If said easement ceases to exist, setback will occur from the right-of-way, alley or adjacent property line. S.P.S = Same and Principal Structure 7- ire{,cll;r t(i> 1)PI IV-PI 2011-12 2: Pi 1) DoL;I1111C;n Page 6 of 11 isL ( 2014 0 MMEMMOMMONOWNOW MWIMIIM ><w ,. MOIL NVId 1d30NO0 LI3ISVW G bK °01"AT.1;a„,,,, OH ac.rs rowwapax.3 V. "S SLNC9914.1.VN O1181HX3 '''133"‘ IZAM 1+AV'NV '3 N1 39191 834.961 0 a3i 'ONI'3SItld3331N3 O MAW.1am A,/,i aid Swi011 r,,/I 99 00550 891809090 g SiN3M107 uuS xa.n31f CI/WS mkt 1 SAOISin^3,a cI/V0/011,, 50.0130 Ofld'J 12iVW000d•L r' SWIM/GU I1{3�3 :1a000 103f6a'd 6 Zwm w W J a c w7 H 'C r W K U a'W W 1 S> W NF- 30 - =r > Z LL p p Z OZ mm = RU-141 — 4.I o• O K F p ( x W O w W Z ❑ ZOD <0 I- W�aXui 9r_ o < FW mw mzSp w ow m z FF O a W= Z 0 O U.I z 1 < 5 ¢ 8� � gV° gm = = w I I bw° r wmWwa ° 5 m� pm° H W 0 d O Q > 1p- N w o 1- O 1 w. < wzojo Wm0 FWo � I o 'y y LL a =,z6 O J 3'r J W a -+R ¢ 8 I I .>J U mU' 0w w zw- ZS ¢ a. ¢F- p'�' Z ai �- oi z 8 I- 4 › O p� p O 4.(0/1 5 ,4 2 w O S I w roZZ6 o . °z �LL �na � OZZ Qm � ° W uoiH °> NZa0 = z1- ,mm o ❑p? oLL I ua °wNm o� �zmz� o� gQ� amz oLLo° wo3ww y o ' � oL.,° °°° F a °s m w W a W - Luz F Q a p w w I )IOV813S 213ddf18 3dVOSONVI I 1 a N iu w X vX w ° ° I.7- ¢N a Li, I�I- y N w a m o�� . Vl3OIS,0'4ll .9.3.1.4.1. I y•8 WQ W❑ � aOZ3ov SgEL 8,NLL LLLUi3,118I ti�-�" .__r_ I�j WZy 2 6 W m K Z ° OJ K M S W a 2 S W x p Z"~N O-' _ "I 1 'a I Cj g'3 Qa' 1 ¢ C a0 ¢ z < Orw� > o • 1- Orc.s1¢ YI F�° - « I 1,17 1` am wma °µ� OZ W OOH LL° UO � ui Y U- m © tL wa a wailwrwo wU.. w wzo a02 r 1N3W3JVNVw I Io o f tuW aQ � fppLLOZ ncK o < Og2 ...o Ity �1 � 2131VM m a w Lu C r f/1 2 K �r1 ' < o O N V1 N p d Y 2- zZ< W° C a I w Y N v41,97=1 f/J — — ¢ wOaw W z . < „_ W W v_1 ¢ W C <Y ¢ I F .-- 0'o U 1 Iwna ¢ 27 m ¢ „ FQ$ w� > Q a1, a°Q < - 9 J O Z ¢ I Z z zs2 < a zAwF- 80z1y�3x zw3QzQ zacem mm 5 O O ❑ W O z W 22 F❑ O m LL N Zp J W UQ O 7 Od%l a• ¢.1-❑ ¢ w°- i f z z w < U 4 z a J o w F O o I — — x5mz ° � �uw0000z w- �?° Cim o3z y w ❑ a r LL ❑ a U Z N U a ° h s a °a r- a W kill LL 1 0 . -1, ® © ® , W Z. O2 I J 1�� 4 d Zw2o NS J ��� I V _ ri ��uu J -- a 5• < < ¢ `h of v3 6, cog } 6 0 a m m eg 6 $ < a I CK • 00o c Y 9.7 � oLL Q r z y m m 8 U &a 0 U I D w • M � ; o 0 o a O w a g * « « « ,3 m = � � a m i W CC W sW y o _J ' 4- 0Z ; I y a m N ct z arz Ng I m• 4W a co z Z �Q I J ` I Q wz N.n W W W Za I (� CO 1 Witt W j (w7 C j m a < Z 7 Q OX m 1 W m a 0 a I J w2 I. I ~ 1 oz 0 ❑° Fw w �� �I c ; Z 25 z a'Q K il 0 W W N mJ N LL G (n IT' W OM g a 1- Z S 2 < .v� , 0 �o m O o G 1�ii ~ O W 4 I 7 I o O cc.= a 3 5 w 2 2 ° yo a wa V ° g U >wN o�� yI Q I p g g - I 9 _ _ I w zsa I 1 I 6o m <w z a m j ❑ a IwN > - Li/ �� Z N N U p F _ _ = F C < z0 - L W i a w ; I N33JNW 2 2 2¢u w w a< § I W w O z , I 2 U F�9 _91 U O r K W x 1 LL I II- --� ” 5• w 2 0o o m ,., °a w LL m .1 GE W Z O m a U W C O p O 1. 0m W W a mx p= LL y = 8n46g O °4B QQ I' ° j ZO I K � 1-.ter-mwrl �-�I C I 5'n y Q LL a Q g a o g w o U d g M g D m il3ddf18 3dVOSONVI 0 o I ' N Q gmuza ana 'C mw ,8.3dA09 m FaQ � g N .- N �p 1 zw 0221_ at z ., O U. lY w i j 02 I z0UWO > a < z > F I 10 m a w 1 u z.NS z 40 5o ¢ I ow c 3 w6 Q a Wa�m N Q a a ? i H 2 2 .. r O I , N N 2 g xN O F a I 7- Z Q H CU I- I <J O Z z Z I m I1 N ° O V<$oa y ° I Z 1 2 o zp 2 0 °8r N• 0 - 0_, ,2, °y ' o 1 z N 0 g z I "g z s CC - 2 a co 0 z Z I 9 - 5 I i U o d a O Q 0 Wwa. 4,55 3n.+.em,mk,w.w 1000'.,a, 00).u,w.404 ..NM v...e. 100)..9.,44..>vu1_0,, ..a aw . We u..1,1,.,,,..,a,w.,, cq EXHIBIT D LEGAL DESCRIPTION: LOT 7, 8 AND 9, BLOCK 189 OF GOLDEN GATE,UNIT 6 A SUBDIVISION AS RECORDED IN PLAT 5, PAGE 124 THROUGH 134 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7-Foodmarl C:'PUD PUDZ-PI 2013-1352: PiJ17 Document Page 8 of 11 Revised January 7,2014 cq EXHIBIT E DEVIATIONS: Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed in this Exhibit E. 1. Deviation #1 seeks relief from LDC Section 5.05.08 C.9.b., "Freestanding Building within a PUD," which requires all façades for freestanding structures within a PUD to be treated as a primary façade, except for secondary facades, to require only the façade facing Santa Barbara Boulevard to be treated as a primary façade. 2. Deviation #2 seeks relief from LDC section 5.03.02 H., "Wall Requirement between Residential and Non-residential Development," which requires a masonry wall, concrete or pre-fabricated concrete wall and/or fence to be constructed on a non-residential property when it lies contiguous to or opposite a residentially zoned district, to instead allow a Type "B" buffer inclusive of a 6-foot high hedge consistent with LDC section 4.06.02 C.2. where residential zoning occurs on the north and south perimeter boundaries of the subject property. 3. Deviation #3 seeks relief from LDC section 4.06.02 C.4., "Alternative D Landscape Buffer," which requires a 15-foot wide Type "D" landscape buffer when the ultimate right-of-way is 100 or more feet, to instead provide a 10-foot wide Type "D" buffer along Santa Barbara Boulevard. 4. Deviation #4 seeks relief from LDC section 4.06.02 C.2., "Alternative B Landscape Buffer", as well as LDC section 5.03.04 A.2., specifying dumpster enclosures not to encroach into the required landscape buffer area, to instead allow the dumpster enclosure to be located as shown on the MCP and to provide a 5-foot wide buffer with the same planting materials required of a Type `B' Buffer on the west side of the dumpster enclosure, as also shown on the Master Plan. 7-Poodmart CP'l;D PVDZ-P1 2013-1 352: Pt;1)Document Page 9 of 11 Revised January 7,2014 Cq EXHIBIT F DEVELOPMENT COMMITMENTS: PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. ENVIRONMENTAL Subject to a native vegetation tree survey performed on the subject property, 37 trees were found to be consistent with native vegetation requirements. 10% of said trees shall be retained, relocated or provided on site per Section 3.05.07.A.2 of the LDC as part of the required perimeter landscaping or elsewhere on-site. OUTDOOR LIGHTING All outdoor lighting shall be limited to 15 feet in height except for code required arterial level street lighting at the project entrance on Santa Barbara Boulevard. All lighting shall be designed to shield streets and all adjacent properties from direct glare and excessive light. TRANSPORTATION The development of the land within this PUD shall be subject to and governed by the following conditions: 1. The developer will restrict the Santa Barbara Boulevard driveway to preclude trucks from entering or exiting. All trucks, including waste management and delivery trucks, shall be guided to use the service alley behind the development as a primary means of accessing the site. Signage at the entrance on Santa Barbara Boulevard will be installed directing deliveries to Tropical Way. Deliveries will be made by vehicles no larger than a `box truck'. Full size Tractor Trailers shall not make business deliveries via Tropical Way.No vehicles shall park on Tropical Way to make deliveries. 2. At the time of PUD approval, the future of Santa Barbara Boulevard is planned by the County to be four lanes, and the potential for a full or directional median opening is not currently determined. The owner acknowledges that installation of a full or directional median opening serving this development or the installation of a raised median shall be at the sole discretion of Collier County for the future design. If the developer elects to pursue a full or directional median opening during the future four-lane design, then the Developer agrees to do so at his own risk and cost(costs shall include design, permitting, and if approved by Collier County, construction). If a Southbound left turn lane is constructed by the County to serve this development, the owner agrees to reimburse the County for the aforementioned design, permitting, and construction costs at an equal value to what the County has paid for these services. 7-1 oodman CPUD PtIDZ,-PL2013-1352: PUD Document Page 10 of 11 Revised'January 7,2014 Cq 3. Should the developer wish to retain the existing median opening with intent to serve his site, then the design and construction a southbound left turn lane shall be at the expense of the developer. If the left turn lane is not desired and or required by the developer at this time, then signs and/or median restrictions prohibiting the Southbound left-turn movements shall be installed in the right-of-way per MUTCD and FDOT standards to promote safe traffic movements as part of the first SDP application on this site. 4. Notwithstanding the commitments in paragraph 2 and 3, the County reserves the right to close or modify the median openings at any time in its sole discretion. 5. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed the summarized PM Peak Hour,two way trips as shown below: a. For a maximum of 10,000 SF, 262 PM Peak Hour,two way trips. MISCELLANEOUS 1. Hours of operation shall be limited to 6am to 11pm. 2. The required privacy wall adjacent to residential zoning shall be 6 feet in height. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Deonarine Enterprise, "Inc." Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD are closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 7-1 oodmari C:'PUD PL DI-Pt_2(113-1352: PUD Document Page 11 of 11 Revised January 7,2014 /41 l t '1 mow, -v FLORIDA DEPARTMENT of STATE RICK SCOTT KEN DETZNER Governor Secretary of State February 27, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 14-06, which was filed in this office on February 27, 2014. Sincerely, Liz Cloud Program Administrator LC/elr Enclosure R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us