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HEX Backup Documents 05/22/2014
COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS MAY 22, 2014 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON MAY 22,2014, IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES, FLORIDA. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL.THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. ZVL—PL20140000524 - Old 41 Phx, LLC, requests approval of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Indoor Storage is comparable in nature to other permitted uses in the Industrial Tract under Section 7.2(a) of the Sterling Oaks PUD, Ordinance No. 92-79, as amended. The subject property is located in Tract M, Sterling Oaks subdivision, within the Sterling Oaks PUD, in Section 9, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl, planner] 3. OTHER BUSINESS 4. ADJOURN ZVL-PL20140000524 5/22/14 Teresa L. Cannon Sterling Oaks Storage From: Reischl, Fred Sent: Wednesday, April 16, 2014 2:15 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda;Wells, Laura Subject: Ad Request PL20140000524 Sterling Oaks Storage Attachments: Ad Req.pdf; Newspaper Ad - Sterling Oaks Storage.docx Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Senior Planner Planning & Zoning Department Phone: 239-252-4211 Fax: 239-252-2834 Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 April 16, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on May 2, 2014 and furnish proof of publication to the attention of Fred Reischl, Senior Planner in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Pease reference the followinQQ on ALL invoicesm DEPARTMENT: PLANNING &ZONING Zoning Services Section FUND &COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 450046717 Account Number: 076397 Auth0r4ed Designee signature for HEX Advertising PL20140000524 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, 05/22/2014 in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: PETITION NO. ZVL—PL20140000524 - Old 41 Phx, LLC requests approval of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Indoor Storage is comparable in nature to other permitted uses in the Industrial Tract under Section 7.2(a) of the Sterling Oaks PUD, Ordinance No. 92-79, as amended. The subject property is located in Tract M, Sterling Oaks subdivision, within the Sterling Oaks PUD, in Section 9, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl, AICP, Senior Planner] All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida Teresa L. Cannon From: Reischl, Fred Sent: Wednesday, April 16, 2014 2:28 PM To: Minutes and Records Cc: Bosi, Michael; Bellows, Ray; Strain, Mark Subject: RE: Ad Request PL20140000524 Sterling Oaks Storage Understood. I checked with my supervisors, and since these used to be heard by the BCC, no map was in the ad. Now, even though they are heard by the HEX,the ad format remains the same. But thanks for the catch! From: Teresa L. Cannon [mailto:Teresa.Cannon @ collierclerk.com] On Behalf Of Minutes and Records Sent: Wednesday, April 16, 2014 2:25 PM To: ReischlFred Subject: RE: Ad Request PL20140000524 Sterling Oaks Storage The map was not attached.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Reischl, Fred Sent: Wednesday, April 16, 2014 2:15 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Wells, Laura Subject: Ad Request PL20140000524 Sterling Oaks Storage Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Senior Planner Planning & Zoning Department Phone: 239-252-4211 Fax: 239-252-2834 Teresa L. Cannon From: Rodriguez, Wanda Sent: Wednesday, April 16, 2014 2:50 PM To: Minutes and Records; Reischl, Fred Cc: Ashton, Heidi Subject: re: Ad Request PL20140000524 Sterling Oaks Storage Attachments: Ad Req.pdf; Newspaper Ad - Sterling Oaks Storage.docx The date of the hearing should be spelled out instead of abbreviated numerically. Also, the coordinator's name in brackets at the end of the title should be removed for this ad. Otherwise the ad request is fine. Wanda Rodriguez, .ACP .Advanced Certified ParaCegaC Office of the County -Attorney (239)252-8400 From: ReischlFred Sent: Wednesday, April 16, 2014 2:15 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; WellsLaura Subject: Ad Request PL20140000524 Sterling Oaks Storage Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Senior Planner Planning & Zoning Department Phone: 239-252-4211 Fax: 239-252-2834 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Acct #076397 April 16, 2014 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: ZVL-PL20140000524, Sterling Oaks Storage Dear Legals: Please advertise the above referenced Notice on Friday, May 2, 2014 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500146717 April 16, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on May 2, 2014, and furnish proof of publication to the attention of the Minutes & Records Department, 3299 Tamiami Trail East, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING &ZONING Zoning Services Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 450046717 Account Number: 076397 Authorized Designee signature for HEX Advertising P120140000524 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, May 22, 2014 in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: PETITION NO. ZVL—PL20140000524 - Old 41 Phx, LLC requests approval of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Indoor Storage is comparable in nature to other permitted uses in the Industrial Tract under Section 7.2(a) of the Sterling Oaks PUD, Ordinance No. 92-79, as amended. The subject property is located in Tract M, Sterling Oaks subdivision, within the Sterling Oaks PUD, in Section 9, Township 48 South, Range 25 East, Collier County, Florida. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Teresa L. Cannon To: Naples Daily News Legals Subject: ZVL-PL20140000524, Sterling Oaks Storage Attachments: ZVL-PL20140000524 (5-22-14).doc; ZVL-PL20140000524 (5-22-14).doc Legals, Please advertise the attached legal ad on Friday, May 2, 2014.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Thursday, April 17, 2014 3:23 PM To: Teresa L. Cannon Subject: Ad Confirmation Attachments: UASF078.jpg Hi Teresa, Please provide approval ASAP for publication on 05.02.14. Thank you! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 239-213-6061 cpolidora @naplesnews.com Thank you for placing your ad. Date 04/17/14 Publication NDN Account Number 787098 Ad Number 2023930 Total Ad Cost $271.42 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be he'd by the Collier County Hearing Examiner (MA) at 9:00 AIM.,, on Thursday, May 22, 2014 in the Hearing Examiner's meeting room, at 2E100 North Horseshoe Drive, Room 609/610, Naples HI 34104, to consider: PETITION NO. Z L-PL Q1 00524 - Old 41 Phx, LLC requests approval of a zoning verification letter issued by the Planning and Zoning Department pursuant to LI Section 10,02.06, in which County County determined that the proposed use of Indoor. Storage is comparable in nature to other permitted uses in the Industrial Tract under Section 7 (a) of the Sterling Oaks NO, Ordinance No 92-79, as amended The subject property is located in Tract I'idl, Sterling Oaks subdivision, within the Sterling Oaks PU , in Section 9, Township 48 South, Range 25 East, Collier County, Florida. All interested parties are invited to appear and be heard. All materials used in presentation before the I fearing Examiner will become a permanent part of the record. Copies of staff report are available one tiveek prior to the hearing. The file can be reviewed at the 'Collier County Growth Management Division, 2800 North Horse,, shoe Drive, Naples, Ft. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, if you are a, person with a disability' who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tarniarni Trail East, Suite 101, Naples, Florida 34112- 5356, (239) 252-8380, at least two days prior to the m ting. Mark Strain, Chief Hearing Examiner Collier County, Florida May 2, 2014 No. 2023930 Teresa L. Cannon From: Reischl, Fred Sent: Thursday, April 17, 2014 3:52 PM To: Rodriguez, Wanda; Teresa L. Cannon Subject: RE: Ad Confirmation I agree! Thanks! From: RodriguezWanda Sent: Thursday, April 17, 2014 3:28 PM To: Teresa L. Cannon; ReischlFred Subject: RE: Ad Confirmation Looks good here. `Wanda Rodriguez, .ACT .advanced Certified ParacegaC Office of the County .Attorney (239)252-8400 Original Message From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Thursday, April 17, 2014 3:25 PM To: RodriguezWanda; ReischlFred Subject: FW: Ad Confirmation Please review and ok Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Thursday, April 17, 2014 3:23 PM To: Teresa L. Cannon Subject: Ad Confirmation Hi Teresa, Please provide approval ASAP for publication on 05.02.14. Thank you! Carol Carol Polidora 1 Teresa L. Cannon To: Polidora, Carol Subject: RE: Ad Confirmation Looks good, Ok to run. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Thursday, April 17, 2014 3:23 PM To:Teresa L. Cannon Subject: Ad Confirmation Hi Teresa, Please provide approval ASAP for publication on 05.02.14. Thank you! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 239-213-6061 cpolidora @naplesnews.com Thank you for placing your ad. Date 04/17/14 Publication NDN Account Number 787098 Ad Number 2023930 Total Ad Cost $271.42 1 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News + COLLIER COUNTY HEX LAURA WELLS 2800 N HORSESHOE DR NAPLES FL 34104 REFERENCE: 076397 4500146717 59746741 NOTICE OF PUBLIC HEA State of Florida County of Collier NOTICE OF ME NG NOTICE OF MEETING Before the undersigned authority, perso NOTICE OF PUBLIC HEARING appeared Robin Calabrese, who on oath say Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,May 22,2014 in the Hearing She serves as the Advertising Director of Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610, Naples FI Naples Daily News, a daily newspaper publ 34104,to consider: PETITION'NO. ZVL-PL20140000524- Old 41 Nix, LLC requests approval of a zoning Naples, in Collier County, Florida: that verification letter issued by the Planning and Zoning Department pursuant to LDC attached copy of advertising was publish 10.02.06,in which County sloe ff determined that the proposed use of Indoor e! Storage is compaiable in nature other permitted uses inr the Industrial Tract under Section 7.2(a) of the Sterling Oaks PUD, Ordinance No. 92-79, as amended. newspaper on dates listed. The subject property is located in Tract M, Sterling Oaks subdivision, within the Af f iant further says that the said Napli Sterling Oaks PUD, in Section 9,Township 48 South, Range 25 East, Collier County, Florida. News is a newspaper published at Naples, I All interested parties are invited to appear and be heard. All materials used in Collier County, Florida, and that the sai, presentation before the Hearing Examiner will become a permanent part of the y record. newspaper has heretofore been continuous] Copies of staff report are available one week prior to the hearing. The file can be • o she riv the County Growth Management Division, 2800 North Horse- published in said Collier County, Florida D shoe Drive,,Naples,Collier FL. dayand has been entered as second class The Hearing Examiner's decision becomes final on the date rendered. If a person Y ss ) decides to.appeal any decision made by the Collier County Hearing Examiner with matter at the post office in Naples, in Si , ofsthatt roeeding, and fodr su haturu,e he Ima on edrt 9e sure that a verbatim Collier County, Florida, for a period of • p proceedings pp y record of the roceedings js made, which record includes the,testimony and evidence upon which the appeal is to be based. next preceding the first publication of tl If you are a person with a disability who needs any accommodation in order to attached copy of advertisement and affiai participate in this proceeding,you are entitled,Iat no cost yto you,to the prrovision r of certain assistance. Please contact the Co leer Count Facilities Management further says that he has neither paid nor Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- Y P 5356,(239)252-8380,at least two days prior to the meeting. promised any person, firm or corporation c Mark Strain, discount, rebate, commission or refund fog Chief Hearing Examiner r r Collier County,Florida No.2021930 purpose of securing this advertisement foi Mavi?014 publication in the said newspaper. PUBLISHED ON: 05/02 AD SPACE : 82 LINE FILED ON: 05/02/14 Signature of Af f iant �.• Sworn to and Subscribed /fore 1e -., , day o ,' 20// Personally known by me A_- 0.' :�''•.,, CAROLPOLIDORA r - MY COMMISSION#EE 851758 nut �.,_��: EXPIRES:November 28,2014 1,iit,hQ; Bonded Thru Plchard Insurance Agency 4. OFFICE OF THE COUNTYATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP A DATE: May 22, 2014 RE: Hearing Examiner Decision(s) from May 13,2014 and May 22, 2014 Attached are the signed HEX decisions from the''Hearing Examiner hearings on May 13, 2014 (rescheduled from May 8, 2014) and May 22, 2014. Attachments: HEX No. 2014— 11 HEX No. 2014— 12 05-COA-01253/744 HEX NO. 2014 - 12 HEARING EXAMINER DECISION PETITION NO. ZVL—PL20140000524 - Old 41 PHX, LLC requests approval of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Indoor Storage is comparable in nature to other permitted uses in the Industrial Tract under Section 7.2(a) of the Sterling Oaks PUD, Ordinance No. 92-79, as amended. The subject property is located in Tract M, Sterling Oaks subdivision, within the Sterling Oaks PUD, in Section 9, Township 48 South, Range 25 East, Collier County, Florida. DATE OF HEARING: May 22, 2014 STAFF RECOMMENDATION: Approval. FINDINGS: 1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the Code of Laws and Ordinances, and Section 3.G.6. of the Administrative Code for Land Development. 2. Based on the applicant's written petition,testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.06.J of the Land Development Code has been met and the petition should be approved. DECISION: The Hearing Examiner hereby approves Petition No. ZVL—PL20140000524, filed by Steven Bracci, Esq., representing OLD 41 PHX, LLC, requesting approval of a zoning verification letter determining that the proposed use of Indoor Storage is comparable in nature to other permitted uses in the Industrial Tract under Section 7.2(a) of the Sterling Oaks PUD, Ordinance No. 92-79, as amended, on the property described herein, and affirms staff's determinations as stated in the Zoning Verification Letter attached as Exhibit"A". ATTACHMENTS: Exhibit A -Zoning Verification Letter ZVL—PL20140000524 LEGAL DESCRIPTION: Tract "M", Sterling Oaks, according to the map or plat thereof, as recorded in Plat Book 23, Pages 5 through 20, of the public records of Collier County, Florida. 1 of 2 APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 5 -2Z -201 Date Mar' Strain, Hearing Examiner Appr ed as to fo and legality: Scott . S ne Assistant County Attorney 14-CPS-01313/12 2 of 2 Exhibit A Page 1 of 2 co ye-r coil y Growth Management Division Planning & Zoning Department April 4, 2014 Steven Bracci The Law Office of Steven J. Bracci, PA 9015 Strada Stell Court, #102 Naples, FL 34109 Re: Zoning Verification Letter ZVL-PL20140000524; Sterling Oaks PUD, Tract M Storage, Collier County, Florida, Folio Number 74900007964 Dear Mr. Bracci: Thank you for your request for Zoning Verification. The subject property is zoned Planned Unit Development (Sterling Oaks PUD), Ordinance No. 92-79. You requested verification that indoor storage is a permitted use in the subject PUD. The subject site is governed by Section 7.2.A of the PUD, Permitted Principal Uses and Structures in the industrial District. These listed uses include corporate headquarters; laboratories; light manufacturing, processing and packaging; medical laboratories. clinics, treatment facilities and research and rehabilitative centers; printing, lithographing and publishing; and technological research, design and product development. Clearly, storage is not listed as a permitted principal use; however, Section 7.1, Purpose and Intent, lists "storage" as something the PUD provides for. Staff believes that the proposed use of General Warehousing and Storage (SIC Code 4225) is a less-intense use than the permitted uses, and since this use is listed in the Purpose and Intent section, Staff believes that Indoor Storage is comparable in nature to the other uses in the PUD. Staff's opinion, subject to affirmation by the Hearing Examiner, is that the proposed use of General Warehousing and Storage is comparable in nature to other uses in the PUD. Your request will be forwarded to the Hearing Examiner for affirmation of Staffs opinion. You will be apprised of the hearing date and advertising fees as soon as possible. Please note that Staff's opinion is not binding on the Hearing Examiner. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code (LDC) and Growth Management Plan in effect as of this date. It is possible that subsequent amendments to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net Exhibit A Page 2 of 2 Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-4211 or fredreischl @colliergov.net. Researched and prepared by: Reviewed by: Fred Reischl, AICP, Senior Planner Ra morid V. ellows Zoning Manager � 9 na er 9 Planning &Zoning Planning& Zoning cc: Annis Moxam,Addressing Section Laurie Beard,Commitment Tracking 20D D Friday, May 2,2014 N NAPLES DAILY NEWS • NOTICE OF MEETING NOTICE OF MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,May 22,2014 in the Hearing Exarhiner'S meeting room,at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104,to consider: PETITION NO.ZVL-PL20140000524-Old 41 Phx, LLC requests approval of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06,in which County staff idetermined that the proposed use of Indoor Storage is comparable in nature to other permitted uses in the Industrial Tract under Section 7.2(a) of the Sterling Oaks PUD, Ordinance No. 92-79, as amended. The subject property is located in Tract M, Sterling Oaks subdivision, within the Sterling Oaks PUD, in Section 9,Township 48 South,Range 25 East,Collier County, Florida. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. gg Copies of reviewed at heeCollier County bGrowth wMana t Management s Divon, 2800hNorth Horse- shoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. . If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida Mae 2 2014 No.7073930 Court Reporter AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON MAY 22, 2014, IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. ZVL—PL20140000524 - Old 41 Phx, LLC, requests approval of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Indoor Storage is comparable in nature to other permitted uses in the Industrial Tract under Section 7.2(a) of the Sterling Oaks PUD, Ordinance No. 92-79, as amended. The subject property is located in Tract M, Sterling Oaks subdivision, within the Sterling Oaks PUD, in Section 9, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl, planner] 3. OTHER BUSINESS 4. ADJOURN i AGENDA ITEM 4-A 9erCounty . STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING: MAY 22, 2014 SUBJECT: ZVL-PL20140000524, STERLING OAKS STORAGE PROPERTY OWNER/AGENT: Owner: Old 41 Phx, LLC 2590 Northbrooke Plaza Drive#308 Naples, FL 34119 Agent: Steven Bracci The Law Office of Steven J. Bracci, PA 9015 Strada Stell Court#102 Naples, Fl 34109 REQUESTED ACTION: The Applicant wishes to have the Collier County Hearing Examiner (HEX) consider an application for a Planned Unit Development Comparable Use Determination (PUD-CUD) to permit the use of indoor storage within the Sterling Oaks PUD. GEOGRAPHIC LOCATION: The subject site is 2.49±acres, platted as Tract M of Sterling Oaks (Plat Book 23, Pages 5 — 20). It is within the Sterling Oaks PUD, but is isolated from the residential portion of Sterling Oaks by the Sterling Oaks preserve. It has access from Old US 41 (CR 887). ZVL-PL20140000524 Page 1 of 5 Sterling Oaks Storage itt , 4. '0`►%t`'it0;5 el" —MD 1 PUD iI x,,44�,,. i. ai ° c00 i bh: 7 `w Subject Site p nwr *Os 4fr of e.' 1 v Zoning Map SURROUNDING LAND USE & ZONING: North: Undeveloped land zoned A Southeast: Old US 41 ROW; across which arc developed lots zoned I West: Tract P-2 (preserve)zoned Sterling Oaks PUD - _. Subject Site \ .- — 9' / ! A..:t w Aerial(Google) — ZVL-PL20140000524 Page 2 of 5 Sterling Oaks Storage PURPOSE/DESCRIPTION OF PROJECT: The Applicant wishes to build an enclosed storage building to provide indoor storage to the public. The Sterling Oaks PUD (Ordinance 92-79) permits Industrial Uses on Tract I of the PUD Master Plan, which has been platted as Sterling Oaks Tract M. Section 7.2.A of the PUD lists the following as permitted principal uses and structures: 1) Corporate headquarters; 2) Laboratories; 3) Light manufacturing,processing and packaging; 4) Medical laboratories, clinics, treatment facilities and research and rehabilitative centers; 5) Printing, lithographing and publishing; 6) Technological research, design and product development. Storage is not a permitted principal use. Section 7.1 of the PUD, however, states that the purpose and intent of the Industrial Section is to "provide lands for light manufacturing, processing,storage and warehousing, wholesaling and distribution"(emphasis added). The Applicant requested a Zoning Verification Letter(attached) requesting verification that indoor storage is a permitted use in the PUD. ANALYSIS: The subject site is governed by Section 7.2.A of the PUD, Permitted Principal Uses and Structures in the Industrial District. These uses, listed above, are generally less intense than the permitted principal uses, and many of the permitted uses incorporate storage as a part of the business. In addition, Section 7.1, Purpose and Intent, lists "storage" as something for which the PUD provides. Staff believes that the proposed use of General Warehousing and Storage (SIC Code 4225) is a less-intense use than the permitted uses, and since this use is listed in the Purpose and Intent section, Staff believes that Indoor Storage is comparable in nature to the other uses in the PUD. Section G.6 of the Administrative Code outlines the two situations in which a Zoning Verification Letter can go to the HEX for approval: 1) If the PUD ordinance language identifies the Board of Zoning Appeals as the authority to determine a use is comparable, compatible and consistent, or 2) If the PUD ordinance language identifies the Planning Director (or other similar County staff) as the authority to determine a use is comparable, compatible, and consistent. However, the Industrial Section of the PUD document does not contain any such language under"permitted uses." Staff and the Planning Manager inferred that such language was applicable to this matter, specifically because "storage" is listed in the Purpose and Intent Section. ZVL-PL20140000524 Page 3 of 5 Sterling Oaks Storage Staff's opinion, subject to affirmation by the Hearing Examiner, is that the proposed use of General Warehousing and Storage — Indoor Storage, is comparable, compatible, and consistent in nature to other uses in the PUD. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition ZVL- PL201400000524 on XX, 2014. SAS STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinion of the Zoning Manager that the use of Indoor Storage is a comparable and compatible use in the Industrial section of the Sterling Oaks PUD Attachments: A. Application. B. Sterling Oaks PUD C. Zoning Verification Letter ZVL-PL20140000524 Page 4 of 5 Sterling Oaks Storage PREPARED BY: • FRE SISCHL, AICP DATE SENIOR PLANNER REVIEWED BY: A ..ft‘ ,, . 4 -2_4- /4- RAYMON V. BELLOWS DATE ZONING ANAGER - 2Y- iy MICHAEL BOSI, AICP, DIRECTOR DATE PLANNING AND ZONING DEPARTMENT ZVL-PL20140000524 Page 5 of 5 Sterling Oaks Storage Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Zoning Verification Letter - PUD Comparable Use Determination LDC sections 2.03.00 A, 10.02.06 J & Code of Laws section 2-83—2-90 Chapter 3 G.6 of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Old 41 Phx, LLC Address: 2590 Northbrooke Plaza Dr., #308 City: Naples State: FL ZIP: 34119 Telephone: Cell:Cell: Fax: 239-596-2637 E-Mail Address: BHowell @Phoenix-Associates.com Name of Agent: Steven Bracci Firm: The Law Office of Steven J. Bracci, PA Address: 9015 Strada Stell Court, #102 City: Naples State: FL ZIP: 34109 Telephone: 239-596-2635 Cell: Fax: 239 431-6045 E-Mail Address: Steve @BracciLaw.com PROPERTY INFORMATION Site Address: Sterling Oaks Tract 'M' Folio Number:74900007964 Property Owners Name: Old 41 Phx, LLC DETERMINATION REQUEST The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: "1 request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of is comparable and compatible with the permitted uses in the PUD." 10/18/2013 Page 1 of 2 $9gconty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 6 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County I I IX website) Determination request and the justification for the use ❑ © I PUD Ordinance and Development Commitment information ❑ n n Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all n © I materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: ❑ Application: $1,000.00; Additional Fees of$100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 All checks payable to:Board of County Commissioners The completed application, all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 03/05/2014 Applicant Signatu a Date Brian Howell Printed Name Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility for the cost of correcting any unreported conditions. 10/18/2013 Page 2 of 2 —� STEVEN J. BRACCI, PA A Professional Association Attorney at Law 9015 Strada Stell Court, Suite 102 Naples,Florida 34109 Ph: (239)596-2635 Fax: (239)431-6045 steve @braccilaw.com www.braccilaw.com March 5, 2014 Collier County Government Growth Management Division 2800 North Horseshoe Drive Naples, Florida 34104 Attn: Business Center Re: Zoning Verification Letter—PUD Comparable Use Determination Sterling Oaks PUD (Ord. No. 92-79)—Tract `M"—Folio no. 74900007964 Dear Sir or Madam: I represent Old 41 PHX, LLC, and in that capacity, I am requesting a Zoning Verification Letter for a PUD Comparable Use Determination. The Sterling Oaks Tract `M' parcel is located on the west side of Old U.S. 41, directly across from Rail Head Boulevard. The parcel has one front property line and two side property lines. The parcel is surrounded by vacant (A) Agricultural zoned property to the north, the Sterling Oaks PUD "Preserve Area"to the west & R.O.W. (Old U.S. 41) then (I) Industrial zoned property to the east. The Tract `M' parcel is zoned Sterling Oaks PUD Industrial (Section 7). This section does not specifically list General Warehousing & Storage (SIC No. 4225) as a Pemiitted Principal Use but"The purpose and intent of this Industrial Section is to provide lands for light manufacturing,processing, storage and warehousing,wholesaling and distribution." I request a deteimination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of General Warehouse and Storage (SIC No. 4225) is comparable and compatible with the permitted uses in the Sterling Oaks PUD. { Page 2 The following items are included with this submittal: • Completed Application • Determination request(this page) • The Sterling Oaks PUD(Ord.No. 92-79) • Zoning Map • SIC No.4225 (General Warehousing& Storage) • LDC Section 2.03.4 - Industrial Zoning District Permitted Uses • CD—all material submitted in PDF Format 8 Check- $1,925.00 for Application Fee&Estimated Legal Advertising Fee Thank you for your attention to this matter. If you require anything further,please contact me at (239) 596-2635. Alternatively, you may also contact Chris Lascano directly at (239) 596-9111 x203. Sincerely, S c VEN J.BRACCI,PA 4 ` Steven J.Bracci, sq. encl. • cc: Old 41 PHX,LLC Growth Management Division Planning & Zoning Department April 4, 2014 Steven Bracci The Law Office of Steven J. Bracci, PA 9015 Strada Stell Court, #102 Naples, FL 34109 Re: Zoning Verification Letter ZVL-PL20140000524; Sterling Oaks PUD, Tract M Storage, Collier County, Florida, Folio Number 74900007964 Dear Mr. Bracci: Thank you for your request for Zoning Verification. The subject property is zoned Planned Unit Development (Sterling Oaks PUD), Ordinance No. 92-79. You requested verification that indoor storage is a permitted use in the subject PUD. The subject site is governed by Section 7.2.A of the PUD, Permitted Principal Uses and Structures in the Industrial District. These listed uses include corporate headquarters; laboratories; light manufacturing, processing and packaging; medical laboratories, clinics, treatment facilities and research and rehabilitative centers; printing, lithographing and publishing; and technological research, design and product development. Clearly, storage is not listed as a permitted principal use; however, Section 7.1. Purpose and Intent, lists "storage" as something the PUD provides for. Staff believes that the proposed use of General Warehousing and Storage (SIC Code 4225) is a less-intense use than the permitted uses. and since this use is listed in the Purpose and Intent section, Staff believes that Indoor Storage is comparable in nature to the other uses in the PUD. Staff's opinion, subject to affirmation by the Hearing Examiner, is that the proposed use of General Warehousing and Storage is comparable in nature to other uses in the PUD. Your request will be forwarded to the Hearing Examiner for affirmation of Staffs opinion. You will be apprised of the hearing date and advertising fees as soon as possible. Please note that Staffs opinion is not binding on the Hearing Examiner. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code (LDC) and Growth Management Plan in effect as of this date. It is possible that subsequent amendments to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as. but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Planning&Zoning Department•2800 North Horseshoe Drive• Naples,FL 34104•239-252-2400•www.colliergov.net Should you require further information or have any questions, please do not hesitate to contact me at(239) 252-4211 orfredreischl @colliergov.net. Researched and prepared by: Reviewed by: Zc__,' Je . Ira. ■ Z. 1 Fred Reischl, AICP, Senior Planner -aymo V. =ellows, Zoning Manager Planning &Zoning Plannin- &Zoning cc: Annis Moxam,Addressing Section Laurie Beard,Commitment Tracking • �-� ORDINANCE NO. 92-79 4 AN ORDINANCE AMENDING ORDINANCE NUMBER 026272829 91-102 THE COLLIER COUNTY LAND �o DEVELOPMENT CODE WHICH INCLUDES THE (V COMPREHENSIVE ZONING REGULATIONS FOR THE st. TA N UNINCORPORATED AREA OF COLLIER COUNTY, t % w FLORIDA BY AMENDING THE OFFICIAL ZONING ' -r1 A ATLAS MAP NUMBERS 8509N and 8510N; BY rte„ co CHANGING THE ZONING CLASSIFICATION OF THE v t`= f HEREIN DESCRIBED REAL PROPERTY FROM RMF-6 A o r'^ Best £lZ11�0� AND PUD TO "PUD" PLANNED UNIT DEVELOPMENT c' as CI fl KNOWN AS STERLING OAKS FOR 799 _c RESIDENTIAL DWELLING UNITS WITH ACCESSORY - . USES AND INDUSTRIAL USES FOR PROPERTY m LOCATED APPROXIMATELY 250 FEET SOUTH OF THE LEE COUNTY LINE BETWEEN U.S. 41 AND OLD U.S. 41, LOCATED IN SECTIONS 9 & 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 248± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 81-80, AS AMENDED, THE FORMER CYPRESS HEAD PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Stefan O. Johansson of Community Development Corp. of S.W. Florida, representing Sterling Oaks Joint Venture and A. L. Dougherty Co., Inc., 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: SECTION ONE: *•• The Zoning Classification of the herein described real property located in Sections 9 & 10, Township 48 South, Range 25 East , Collier County, Florida, is changed from RMF-6 and PUD to "PUD" Planned Unit Development in accordance with the Sterling Oaks PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Numbers 8509N and 8510N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. ,ZCTION TWO: Ordinance Number 81-80, as amended, known as the Cypress Head PUD, adopted on December 1, 1981 by the Board of County BOOK C57 PAGE 94 • miessmimmin .. Commissioners of Collier County is hereby repealed in its entirety. ii .;TION THREE: This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of •State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 20th day of October , 1992. • BOARD OF COUNTY COMMISSIONERS COLI NY FLORIDA RIDA iTTLST t � ter• JAMES C.• _ BY: a � ERX MICHAEL J. VOLP CHAIRMAN • • " AP OVED An/ FORM SAND LEGAL STIl'FICIENCY • T n • 4` . . lacaLrc C • MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY PUD-92-5 ORDINANCE • nb/7891 ordlnone. Med wlth the . -" flf t of • .q._'.. �. �ovoci (F7Qt • • • A. • -2- BOOK O57 PAGE 95 • .1 _ • 1111 • • I, , . .• , STERLING OAKS A • PLANNED UNIT DEVELOPMENT • REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE STERLING OAKS PLANNED UNIT DEVELOPMENT PREPARED PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT REGULATIONS • •••• PREPARED FOR • COMMUNITY DEVELOPMENT CORPORATION OF SOUTHWEST FLORIDA, INC. 1100 kierH AVENUE SOUTH/401 NAPLES,FLORIDA 33940 (813) 649-4952 SEPTEMBER, 1992 • •f ? DATE FILED MAY 5. 1992 DATE REVISED SEPTEMBER 10. 1992 DATE REVIEWED BY CCPC SEPTEMBER 17. 1992 _ • DATE APPROVED BY BCC OCTOBER 20. 1992 ORDINANCE NUMBER 92-79 AMENDMENTS •,'••• Is DV O57' 96 • • ; - , MI 0111 MN ,0"-- , • . . • ir!.,'4 .. . TABLE OF CONTENTS SECTION 1• STATEMENT OF COMPLIANCE 14 •.. SECTION 2. PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 2-1 SECTION 3. GENERAL PROJECT DEVELOPMENT REGULATIONS 3-1 SECTION 4. RESIDENTIAL LAND USE REGULATIONS 44 SECTION 5. RECREATION 5-1 SECTION 6. LAKES AND PRESERVES 6-I SECTION 7. INDUSTRIAL 74 SECTION 8. DEVELOPMENT COMMITMENTS 8-1 SECTION 9. SUPPLEMENTAL DEVELOPMENT REGULATIONS 9-1 . . SECTION 10.ENVIRONMENTAL REQUIREMENTS 104 1 ---.... • LIST OF EXHIBITS EXHIBIT A CONCEPTUAL PUD MASTER PLAN EXHIBIT B DEVELOPMENT STANDARDS EXHIBIT C STANDARD CROSS-SECTIONS EXHIBIT D LOCATION MAP, Lisr OF TABLES TABLE I DEVELOPMENT STANDARDS • ,.. .'.4). - ' -40' • 7.■,st ..4. r t • ..,. ...V.: •;-,- . 4... ,Pe V. /4 .4 1. .): ■, •f 6 0 OK C57PA51 97 - ... .. .- ... _ •.irt::. 11111 11111 .,j.. SECTION 1. STATEMENT OF COMPLIANCE 1.1 ZDERQPUCTION AND PURPOSE It is the intent of the Owner(Developer)to develop a well-planned,high-quality residential community supported by private recreational and clubhouse activities that complement and enhance the site's natural surroundings. The purpose of this P.U.D. document is to provide a comprehensive and flexible regulatory framework that will encourage creative and efficient development of a high- quality residential neighborhood. 1.2 SrEtiERAL LOCATION STERLING OAKS is located in northern Collier County with road frontage on both U.S.41 and Old 41 Road. The north property line of STERLING OAKS is the Collier County/Lee County line. STERLING OAKS is conveniently located within one mile of regional shopping-centers and within four miles of the t"—NN recreational opportunities of the Gulf of Mexico. 1.3 COMPLIANCE STATEMENT The development of approximately 248±acres of property in Collier County,as a Planned Unit Development to be known as STERLING OAKS will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of STERLING OAKS will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives for the following reasons: A. The subject property is located within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1,Policies 5.1 and 5.3 of the Future Land Use Element. • B. The subject property's maximum permitted density of 3 units per acre is in compliance with the Density Rating System pursuant to the following analysis: by location'in the Urban Residential land use designation area, the maximum density is 4 units per acre. Although the property is located within a designated traffic congestion area, thereby reducing maximum density to 3 units per acre, the property also has access to two arterials, thereby providing a bonus density of 1 unit per acre. No interconnection 1-1 1St14K 057PAGE ,98 • SNIP 1111111 •S •• with existing and future adjacent projects reduces the net maximum dwellings units to 3 per acre. The maximum project density proposed is 3 units per acre. C. The project development is compatible and complementary to the surrounding land uses according to policy 5.1 of the Future Land Use Element of the Collier County Growth Management Plan. D. The FLUE provides for certain industrial land uses within the Urban Designated Area under criteria(Industrial Under Criteria,page LU-I-32). The industrial section in this PUD is designed to meet those criteria. E. Due to the existing and proposed infrastructure, some of which is to be installed at the expense of the project developer, the project development will result in efficient and economical expansion of community facilities and services, as required in Policies 3.1 H and 3.1 L of the Future Land Use Element. F. The project development is planned to incorporate existing natural systems for water management in accordance with their natural functions and capabilities as set forth by Policy 6.3 of Conservation and Coastal Element of the Growth Management Plan. G. The location of STERLING OAKS, in relation to existing and proposed community facilities and services, permits the development's residential density as required in Objective 2 of the Future Land Use Element. Additionally, the location of industrial uses in,the vicinity of this parcel justify the location of the proposed industrial use along the eastern portion of this community. H. Improvements within the STERLING OAKS community are planned to be in compliance with the applicable Land Development Regulations in effect for Collier County at the time of building permit application. For more efficient utilization of facilities and to better reflect the design and marketing concept of STERLING OAKS, some of the regulations within this document may modify appropriate provisions of the Land Development Regulations. Where these herein referenced regulations apply to the proposed development, the appropriate provisions of this document, not the Land Development Regulations, shall apply. I. Final Local Development Orders shall be subject to appropriate provisions of the Adequate Public Facilities Ordinance, as amended. 1-2 sop( 1157 PAGE 99 .fir . 11111 . • NIP • •. 1.4 SHORT TEELE This Ordinance shall be known and cited as the*STERUNG OAKS Planned Unit Development Ordinance. • • • •• • i'4•:• • •".01. •0 6. • 14-3 ' 1-3 • 0. • .t•Y ''..` (a) i • • BOX 1357Pist lUo i -,,i'''I all :: :. SECTION 2. PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 2.1 PURPOSE The purpose of this section to set forth the location, ownership and existing general conditions of the site proposed for the STERLING OAKS property. !I 2.2 OWNERSHIP The subject property is currently under the ownership and unified control of Sterling Oaks Joint Venture, a Florida general partnership (the "Owner" or �'v "Developer"). 2.3 LEGAL DESCRIPTION ( - The subject parcel,containing,248± acres,is described as follows: A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 • t OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY ` s DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA;THENCE RUN N 03°05'38"W ALONG THE WESTERLY LINE OF THE SOUTHWEST 1/4 OF SECTION 10,TOWNSHIP 48 SOUTH,RANGE 25 EAST,FOR 1 A DISTANCE OF 1318.42 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN ' DESCRIBED;THENCE CONTINUE ALONG THE WESTERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10,FOR . A DISTANCE OF 1318.39 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 10; THENCE RUN N 03°05'42" W ALONG THE WESTERLY LINE OF THE NORTHWEST 1/4 OF SAID SECTION 10,FOR A DISTANCE OF 1318.33 FEET;THENCE RUN S 89°17'19" W FOR A DISTANCE OF 653.46 FEET TO A POINT ON THE • EASTERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE . 2-1 ": 500K 1)57 PAGE 101 „_ ; S „, P ,......_ _....... _. immummarmig Iii - RUN N 02°30'07" W ALONG SAID EASTERLY RIGHT-OF- WAY LINE, FOR A DISTANCE OF 1322.50 FEET TO A POINT ON THE NORTHERLY LINE OF THE NORTHEAST 1/4 OF SECTION 9,TOWNSHIP 48 SOUTH,RANGE 25 EAST; • THENCE RUN N R9°42'36" E ALONG THE NORTHERLY LINE OF SAID NORTHEAST 1/4, FOR A DISTANCE OF 639.97 FEET TO THE NORTHWEST CORNER OF THE • NORTHWEST 1/4 OF SAID SECTION 10; THENCE RUN N 89°43'35" E ALONG THE NORTHERLY LINE OF THE NORTHWEST 1/4 OF SAID SECTION 10, FOR A DISTANCE OF 2633.48 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 10; THENCE RUN S 02°06'56" E FOR A DISTANCE OF 1980.84 FEET; THENCE • RUN N 89°49'41" E FOR A DISTANCE OF 470.63 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. 41 (OLD);THENCE RUN S 31°23'03" W ALONG SAID WESTERLY RIGHT-OF-WAY,FOR A DISTANCE OF 2323.25 FEET; THENCE RUN S 89°59'19" W FOR A DISTANCE OF 1753.80 FEET TO A POINT ON THE WESTERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10 AND THE POINT OF BEGINNING, CONTAINING 247.89 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF N 03°05'42" W ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS OR RESERVATIONS OF RECORD. 2.4 GENERAL DESCRIPTION OF PROPERTY A. This property is located within Section 9 and 10 of Township 48 South, Range 25 East, Collier County, Florida. B. The current zoning of this parcel is RMF-6, and Cypress Head PUD. 2-2 • LOOK 057 PAU 102 I • • 2.5 PHYSICAL DESCRIPTION The project site is located within the Cocohatchce River drainage basin. The natural drainage of the site was southwesterly through natural lowlands and sloughs to the Wiggins Bay Estuary. The natural flow patterns were disrupted by the construction of U.S. 41. The site presently drains southerly across vacant Iands and along Old U.S. 41 to the northeasterly quadrant of the intersection of • Old and New U.S. 41. From here, the drainage flows westerly under U.S. 41 through twin box culverts to channels WBB-00-50120 and 25 to Wiggins Pass Road, then flows through circular culverts to the easterly roadside swale along Gulf Harbor Road to miscellaneous coastal channels south of Gulf Harbor to Wiggins Pass and the Gulf of Mexico. The application for development approval includes a detailed analysis of the intended water management plan. Water management for the proposed project is planned to be the lake detention type also utilizing the large preserved area for storm water storage. Elevations within the project site range from 5.4 feet to 15.0 feet NGVD. The average elevation of the project site is approximately 10 feet NGVD. In some areas of the project site limerock was encountered at depths of 12 feet but in most cases no rock was encountered to depths of 20 feet. Soil types on the site include Immokalee Fine Sand (40%), Boca, Riviera, Limestone Substratum and Copeland Fine Sand Depressional (33%),Pineda and Riviera Fine Sand (10%), Basinger Fine Sand (5%), Boca Fine Sand (5%), • Holopaw and Okeelanta Soil Depressional (5%) and Satellite Fine Sand (2%). Soil characteristics were derived from the soil survey of Collier County,Florida, issued by the U.S. Department of Agriculture. • � I ii; • it :. • • ^1 • 2-3 scg • 10•, BOOK 057 PAGj 103 • • • • SECTION 3. GENERAL PROJECT DEVELOPMENT REGULATIONS 3.1 )�QDUCTION It is the intent of the project Developer to construct a single and multi-family community to meet the needs of the rapidly expanding Collier County population. This development,to be known as STERLING OAKS,will include varied amount and types of dwelling units to be determined as the project develops and market conditions dictate,however,738 is the maximum number of dwelling units which shall be allowed in STERLING OAKS. 3.2 GENERAL INFORMATION A. Regulation:. Regulations for development of STERLING OAKS shall be in accordance with the appropriate provisions of the Collier County Land Development Regulations, except as modified within the contents of this document. Where this document fails to provide development standards, then the provisions of the most'•similar district identified in the Collier County Land Development Code,in effect at the time building permits are sought, shall apply. I , B. Definition:. Unless otherwise noted,the definitions of all terms shall be the same as the definitions set forth in the applicable Collier County Land • Development Code in effect at the time of building permit application. C. Cgnditions and Restriction:. All conditions'imposed and all graphic material presented depicting restrictions for the development of STERLING OAKS shall become part of the regulations which govern the manner in • which the PUD site may be developed. Unless modified, waived, or excepted by this or associated documents, the provisions of the land development code shall apply to the development of land within this PUD as it applies to other properties in Collier County. 4 D. Adequate Public Facilities. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No.90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. • 3-1 50OK C57 Mt-104 1 3.3 PROJECT PLAN AND LAND USE TRACTS A. General Description. This project will comprise a maximum of 738 dwelling units,including single and multi-family homes. Due to previous and existing marketing conditions, it is not possible to accurately forecast future housing needs and desires within the STERLING OAKS community. - Therefore, the proposed mix of single and multifamily dwelling units can not be determined at this time. The mix, however, shall be addressed • during the annual PUD monitoring report submittal. The general allocation of area for each land use is shown on the attached PUD Master Plan. • B. Project Conceptual PUD Master Plan. The project Conceptual PUD Master Plan, illustrated graphically by Exhibit "A", shows proposed conceptual land uses for the project. Minor variations in acreage internal to the PUD and roadway alignments may be permitted at the time of PSP • or SDP subject to the provisions of Section 2.7.3.5 Division 2 of the Collier County Land Development Code. Internal roadway access points are shown on.Exhibit "A,' the conceptual PUD Master Plan. The number;spacing, ix-id-alignment of these access points,internal to the STERLING OAKS community,may vary in number, spacing, and location due to design limitations imposed by various permitting agencies. The number of access points to each tract may differ from those illustrated on the master plan as may be required due to proposed right of way widths, property setbacks, and lot layout and configuration. The spacing of the internal access points shall follow approved traffic engineering specifications. Areas illustrated as lakes on Exhibit "A" shall be constructed lakes or, a upon approval, parts thereof may be constructed as shallow, dry depressions for water detention purposes. As depicted on Exhibit "A," lakes and natural detention areas have been sited adjacent to existing planned roadways while maintaining all applicable setbacks. I I Such areas,lakes and dry areas,shall contain the same general acreage as shown on Exhibit "A" with the location to be determined at the time of the applicable master plan or site development plan approval; provided, however, that the lakes shall contain the acreage required by the South Florida Water Management District permitting requirements. The goals of lake siting are to achieve an overall pleasant aesthetic character for the project, to permit optimum use of the land and to • increase the efficiency of the water management network. Final lake area • 3-2 4 I BOOK 057PA:d05 • • 1111111111111111111111111 • • • • I. t determination shall be in accordance with the South Florida Water Management District stormwater criteria. C. 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 Collier County Land Development Code, Division 3.5. D. Land Use Schedule. The conceptual project Land Use Schedule shown on Exhibit "A" provides a table of the proposed land uses with approximate acreage indicated. Changes and variations of acreage may be permitted during subdivision master plan approvals at final design to accommodate market conditions, utilities, encroachments, topography, vegetation and other site conditions. Changes shall be subject to Section 2.7.3.5 of the Collier County Land Development Code. 3.4 MAXIMUM PROJECT DENSITY A maximum of 738 residential dwelling units, single and multi-family,shall be constructed in the total project area. The residential project area is 246± acres. The gross project density, therefore, is approximately 3 units per acre. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of•land and shall comply with guidelines established in this document and the Collier County Land Development Code. 3.5 MONITORING REPORT. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 3.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE • Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of Section ; '• 2.2.20 of the Collier County Land Development Code. • 3.7 SUNSET PROVISION STERLING OAKS shall be subject to the Sunset Provisions of Division 2.0 Section 2.7.3.4 of the Collier County Land Development Code. 3-3 b00K C57r.=.106 • • • 1E11 MIN 11111 • e 'I • • ,i • • ! • SECTION 4. • RESIDENTIAL LAND USE REGULATIONS 4.1 PURPOSE AND INTENT • • The purpose of this Section is to set forth the development regulations which shall apply to the residential development within the STERLING OAKS Planned Unit Development. • 4.2 GENERAL DESCRIPTION ? �• • Residential areas are designated as "R" on Exhibit "A' and are designed to accommodate a full range of residential uses, including dwelling units,essential services, customary accessory uses, including recreational facilities, and compatible land uses. • Approximate acreage of all residential tracts has been indicated on Exhibit "A" in order to indicate relative configuration of the residential uses. These acreages are based on conceptual designs and are to be considered approximate. • 4.3 R.E5WENTIAL DENSITIES AND LAND USES • The total number of dwelling units permitted in the PUD may not exceed 738. • The approximate acreage and location of residential tracts is identified on Exhibit "A." The actual acreage, location and configuration of development tracts will be identified by the developer at subdivision or site development plan approval, whichever is applicable,along with the assignment of permissible single or multi- family land use densities. 4.4 PERiMITTED 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 Uses and Structures: 1) Detached single family.units. 4-1 • BOOK )57 PArA 107 II . s • ! • • • MIN M A' • • • 2) Zcro (Z) lotline detached single family units. 3) Attached single family units. 4) Multi-family dwelling units. 5) Group care facility as defined in Division 6.3 of the Collier County Land Development Code(including adult congregate living facility, rest homes, homes for the aged, adult foster homes, nursing homes, and associated food service, medical service and personal service;); provided that Group Care Facility is restricted to Tract A in the northernmost quadrant of the PUD as set forth on Exhibit "A". 6) Recreational vehicle parking and storage facility. Said facility shall be for the exclusive use of residents of Sterling Oaks and shall be identified prior to the approval of any Preliminary Subdivision Plat or Site Development Plans in any tract. B. Permitted Accessory Uses and Structures .- . i 1) Recreational facilities serving the residential neighborhoods within the PUD, including without limitation private clubhouses (with food service),docks,piers, pools and other recreational facilities, and similar uses intended exclusively to serve residents of the residential neighborhoods and their guests. 2) Public and private parks, playgrounds, recreational structures, community buildings and commonly owned open space. 3) Pedestrian and bicycle paths or other similar facilities. 4) Manager's residence and offices. 5) Water management facilities, interim wastewater treatment facilities and essential services, 6) Model homes and apartments. 7) Guardhouscs. 4-2 • BOOK `5/Pa6E 100 'I � 111 1 • • 111111 Mil III, , 8) Signs in accordance with Section IX of this ordinance, where applicable, or the Collier County Land Development Code. . • 9) Maintenance, storage and utility buildings and facilities. 1 10) Sales offices for the sales of properties within the STERLING OAKS community. i 11) Customary accessory use and structures. 1 i 12) Any other uses deemed compatible by the Development Services i Director in his reasonable discretion in accordance with sound planning principles and permitted in most similar districts - established by the land development code. u • e I 4.5 DEVELOPMENT REGULATIONS Table I of this section shall generally govern the development of parcels within the STERLING OAKS community. There are specific provisions listed below that shall supersede the items set forth in Table I. ....7.- _ A. £gibacks to Preserves. The permitting of this community by the South •11111 Florida Water Management District has included a twenty five(25') foot buffer within the boundary of the preserve area. As a result, the setback to the preserve tract includes the twenty-five(25')foot buffer as required by the Collier County Land Development Regulations and no setback for all structures to the preserve line shall be required by Collier County. • B. Recreation Areas. The setbacks for recreation principal and accessory I ' 1 structures shall be fifteen feet. The setback area between structures and tract boundaries is to be appropriately landscaped and maintained to act as a buffer to adjacent land uses. • C. Common Architectural Themes. All setbacks referenced within this document may be reduced upon demonstration of a common architectural ■ theme, provided that all of the following design features are incorporated into the project. 1) The architectural style of all of the dwelling units/structures shall be • similar in design and in the use of materials and color. i 4-3 n DOCK C57PACt 1C9 1 11111 __ I . 1= r = • I t • 2) The residential project shall have a signature entranceway that serve to identify art entryway to a unified plan of development. The entranceway design and improvement elements shall include some or all of the following: the use of landscape materials, gated structure, water - features, sculpture and ornamental pavement surfaces. t tt 3) A landscape theme throughout the entire project that enhances the I unified appearance of the entire project. {. I 4) Street materials,signage,lighting shall be complimentary and the same `' throughout the project's accessways. • I• At the time of application pursuant to Division 3.3 of the Land t Development Code, the applicant shall submit plans and specifications I which describe in detail all of the development features which qualify the project as a Common Architectural Theme project. The Development • Services Director may approve, disapprove or advise which modification - • • I would be necessary to qualify the project as a Common Architectural Theme Project. D. Upon commencement of a housing type upon a tract of land as either a • 1 single or multiple family housing type, the development of that tract in a •Ii similar density and structure type shall be maintained. ' ,t i E. Parking and landscaping shall be according to the Collier County Land Development Code. F. Integrated phase developments shall be allowed according to 3.2.4.4 in the Collier County Land Development Code. 4.6 MODEL HOMES AND SALES FACILITIES Model homes/model home centers including sales centers shall be permitted I! according to Section 2.6.33 of the Collier County Land Development Code. ■ 4-4 aooK 057 PAGE 110 • . 1 Mil I= MIR I • I 'I 1 • • • TA11U. f 1 DEVELOPMENT STANDARDS - 1 Permitted Use Detached Zero(Z)Iodine Attached Stu/ti Group • Standards single detached single single family family Care • I- omit, omit i•'acilin• p Minimum Sire Area(in square ft) 6000 3000' 1500'rer I acre I acre 0 60'Site Width Minimum Avg.tit 1 35' 20' 150' 150' 11 11 Site Depth Minimum Avg.(11 75' 75' 60' NA NA I Front Yard Setback 10'm 10'm 10'm NA NA I , I . I • I Side Yard Serbrrckrt 7.5' 0' 0'or 7.3'x91 NA NA I 1 Tract Llee Setbacks NA NA NA 35'ttlt 35'rlit • Sterling Oaks Perimeter Boundary I Setback NA NA NA 15'(111 35'021 e Lake Serbackfq 0' 0' 0' 0' 0' l ` LPreserve Setbaeklsl 0' 0' 0' 0' 0' i I Rear Yard Setback Principal(6) 15' 12' —ID NA. NA . I. Rear Yard Setback Aceessoryr6) 5' 5' 3' 3' 5' • I Max. Building lit stories above 4 stories mean flood level 2 stories s stories 3 stories 50'011 (14) . Distance between Principal Structures 15 10 1/2 sum of NA ,_ 1/2 sum o heighrs(101 heightst00i IFloor Area Minimum sq.ft.per • dwelling unit 800 800 600 600 NA • • (1) Site width average shall be determined by averaging the front and rear lot line lengths(tangent or arc length). (2) Site depth average shall be determined by dividing the site area by site width average. • (3) See Exhibit 'B.' (4) Provided lake is bulkheaded per Collier County Land Development regulation:. (5) See Section 4..34 and 10.1 F herein. • (6) Not on lake or preserve. I : (7) Outdoor clear parking shall be adequate to park an automobile,minimum 20 feet. (8) Minimum site area required per dwelling unit In the event of fee simple conveyance. 1 (9) End units shall have a minimum required sideyard of: 7.5 feet for one story buildings,10 jeer for two story buildings,15 feet for three story buildings. is. (10)Measured from walls closest to adjacent buildings. The height is determined by measuring from finished first floor to merit roof height excluding coupulas and other decorative roof ornaments. 1 (11)Tract line setbacks between multi family and group care facility shall be 35 feet or half the sure of the building heights whichever is less. (12)Along the northern perimeter,the setback may be 20 feet. , • ff (13)Tracts 13,C,D are limited to three stories. •., • (14)Croup care facilities are limited to Tract A. .I , 45 1 '• I eooK r.'57PA;1 111 111, t ' MIN • SECTION 5. RECREATION 5.1 PURPOSE AND INTENT The purpose of this Section is to set forth the development plan and development standards for the Tract "H" Recreation Area and all other recreational facilities permitted within this PUD. The primary function and purpose of these uses will be to provide aesthetically pleasing open areas and recreational facilities. 5.2 PERMITTED USES AND STRUCTURES 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: A. Permitted Principal Uses and Structures: 1) Pedestrian and bicycle paths or other.sirnilar facilities constructed for proposed access to of-passage through the recreation area. 2) Shuffleboard courts, basketball courts, racquetball courts, tennis courts,swimming pools, boardwalks,children's playground areas and other types of facilities intended for outdoor recreation. i 3) Clubhouse or other recreational facilities, including without limitation private clubs,private restaurants and lounges,gift shops, I .day care centers, and other uses intended exclusively to serve residents, members,and their guests. These private facilities may provide a full range of clubhouse concierge services and activities. 4) Sales center, signs and temporary construction offices in • accordance with this ordinance. 5) Water management facilities and lakes. 6) Temporary sanitary sewage facilities. Parking lots. 8) A polling place shall be located within the common facilities of the STERLING OAKS community, should it be requested by the 5_t Boo( C57 Pact 112 • • . .ia' mot- • Supervisor of Elections. Should the Supervisor of Elections require the above referenced polling place,it shall be restricted to residents of the STERLING OAKS community. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County,which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium • associations, homeowners associations, or tenants associations, shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. • 9) Any other uses deemed compatible by the Director of Planning Services in his reasonable discretion in accordance with sound planning principles and permitted in most similar districts established by the land development code. B. Permitted Accessory Uses and Structures: 1) Customary accessory uses and structures. 2) Signs in accordance with Section DC of this ordinance and if specific guidelines are not set forth within, the appropriate provisions of the Land Development Code shall apply. 3) Recreational facilities,including without limitation docks,piers or other such facilities constructed for purposes of recreation for residents of the project. 4) Maintenance, storage and utility buildings and facilities. 5) Any other uses deemed compatible by the Development Services Director in his reasonable discretion in accordance with sound planning principles and permitted in most similar districts established by the Collier County Land Development Code. I , I 41 � 5-2 •II BOOK r57 Pt6t 113 •: • • 5.3 DEVELOPMENT REGULATIONS A. Site Design. Overall site design shall be harmonious in terms of landscaping,enclosure of structures,location of access streets and parking areas and the location and treatment of buffer areas. B. Setbacks,. Buildings and recreational uses within Tract "H" shall be • setback a minimum of fifty (50) feet abutting residential tracts or lots. Accessory recreational uses within residential tracts shall be setback a minimum of fifteen feet. Within any recreational area, the setback area between structures and tract boundaries is to be appropriately landscaped . and maintained per the Collier County Land Development Code to act as a buffer to adjacent land uses. All structures shall meet lake setback requirements in effect at the time of building permit application. Buildings shall be setback a minimum of twenty feet (20') from road I I rights-of-way and perimeter (PUD boundary) property line. C. Maximum Height; 1) Principal Structure-Forty(40) feet above parking. 2) Accessory Structure-Twenty(20)feet above parking. The height is determined by measuring finished first floor to mean roof height excluding coupulas and other decorative roof ornaments. D. parking; . . 1) Clubhouse: One (1) space per 200 square feet • 2) Recreation Facilities: Three(3)spaces per court plus other Tennis, racquetball, uses as required handball and basketball • court • 3) Swimming Pool: One(I) space per 75 square feet of water areas for the first 1,000 square feet and one(1) for each additional • • 125 square feet of water area • 5-3 I book i.'57PAst114 11111 11111 • • .• • • E. Landscaping: All landscaping within this tract shall be in accordance with the Collier County Land Development Regulations in effect at the time of building • permit application except where amended herein. .t, • :.7 • • • • 5-4 BOOK 057PAGE1.15 • - 1111 11111 ,. r SECTION 6. LAKES AND PRESERVES 6.1 PURPOSE The purpose of this Section is to provide for lakes and preserves which will be aesthetically pleasing to the residents. Lakes, preserves and common areas may be found throughout the STERLING OAKS community. 6.2 USES PERMITTED All applications for uses listed below shall be reviewed and, if acceptable, permitted by the relevant review agencies and 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: A. principal Uses: 1) Passive recreation areas, including boardwalks and observation areas for enjoyment of the natural preserve areas subject to approval by Development Services Director for Statutory Preserve areas. • 2) Docks, piers, boardwalks, observation towers, canoe ramps or other such facilities constructed for purposes of lake and wetland recreation for residents of the project. Subject to approval by appropriate permitting agencies. 3) Water management facilities and lakes:, 4) Any other uses deemed compatible by the Development Services Director in his reasonable discretion in application of sound planning principles and permitted in most similar districts established by the Collier County Land Development Code. B. Accessory Uses: 1) Docks, enclosures or other structures constructed for purposes of • maintenance, ,storage, recreation or shelter with appropriate screening and landscaping. 2) Any other uses deemed compatible by the Development Services Director in his reasonable discretion in application of sound planning principles and permitted in most similar districts established by the Collier County Land Development Code. 6-1 600K (157P►GI116 • e I ' • . 11111 • • • . . 6.3 SIGNS • All signs shall comply with the Collier County Land Development Code,Division 2.5, at the time of approval of any subsequent final development order. 6.4 LANDSCAPING All landscaping shall comply with the Collier County Land Development Code, Division 2.4,at the time of approval of any subsequent final development order. • 1 • • • • • • 6-2 OOK .�57P���i17 L 111111 _ . . • SECTION 7. INDUSTRIAL • 7.1 PURPOSE AND INTENT The purpose and intent of this Industrial Section is to provide lands for light manufacturing, processing, storage and warehousing, wholesaling and distribution. 7.2 PERMITTED USES AND STRUCTURES The following uses, as identified within the Standard Industrial Classification ' Manual are permitted as of right, or as uses accessory to permitted uses, in the Industrial Tract (I)as shown on Exhibit "A". A. Permitted Principal Uses and Structures: 1) Corporate headquarters. • 2) Laboratories. . - 3) Light manufacturing, processing and packaging; 4) Medical laboratories, clinics, treatment facilities and research and • rehabilitative centers. • • 5) Printing, lithographing and publishing. 6) Technological research, design and product development. B. Permitted Accessory Uses and Structures: 1) Accessory uses and structures customarily associated with the uses • permitted in this district. 2) Recreational facilities such as a health spa, handball courts and • golf courses, or other similar recreational activities. 3) Restaurants, or offices available for use by employees of businesses located within the permitted and accessory use buildings. 4) Child Care Centers. 7-1 BOOK P57Pim118 v • • • i • 5) Wholesale and storage as accessory to the principal use. 6) Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than 20% of the gross floor area of the permitted principal structure. 7.3 DIMENSIONAL STANDARDS The following dimensional standards shall apply to all permitted and accessory uses in the Industrial Section. A. Minimum Yard Requirements. 1) Site Area. One(1)acre. 2) Site Width. One hundred-fifty feet (150'). 3) Front Yard. Fifty feet(50'). 4) Side Yard. Twenty feet(20'). 5) Pear Yard. Fifty feet(50'). 6) Yard abutting residential parcel. Fiftyyleet(50'). 7) Yard abutting powerline right-of-way. Zero feet (0'). • B. Maximum Height of Structures.•Fifty feet (50') except when abutting residential zoned property, then thirty-five feet(35'). C. Distance between Structures. Fifteen feet(15')or half the sum of height • of the building whichever is greater. • D. Special Conditions: This industrial section shall comply with subsection 2.2.20.3.13. of the Collier County Land Development Code. 7.4 PARKING All parking shall comply with Collier County Land Development Code, Division 2.3, at the time of approval of any subsequent final development order. 7.5 SIGNS All signs shall comply with the Collier County Land Development Code,Division • 2.5,at the time of approval of any subsequent final development order. • s; ' 7-2 • • eoo� O57119 I �. • • 11111 11111 1111 7.6 LANDSCAPING AIL landscaping shall comply with the Collier County Land Development Code, Division 2.4,at the time of approval of any subsequent final development order. • • 1 • • • I - 7-3 6o0K 1.157PAGS 120 el � • • : 11111 11111 1111 •• • SECTION 8. DEVELOPMENT COMMITMENTS 8.1 PURPOSE The purpose of this section is to outline the development commitments required of the Project Developer in the construction of the STERLING OAKS Planned Unit Development. • • 8.2 GENERAL All development within the STERLING OAKS community shall be done in • accordance with the Collier County Land Development Code except where exempted within this document. Except where stated otherwise in this PUD, the Collier County Land Development Code shall apply to this project. The developer, his successor and assigns, shall be responsible for the commitments outlined in the document. • The developer,his successor or assigns,shall agree to follow the Master Plan and • the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will agree to convey to any successor or assignee in title any commitments within this agreement. • • 8.3 PUD MASTER PLAN • Exhibit "A", the STERLING OAKS Master Plan represents the proposed development and is conceptual in nature. Proposed tract, lot or internal land use boundaries shall not be construed to be final and may be varied as any subsequent approval phase as may be executed by final site development plan or final subdivision plat. Minor site alterations may be permitted subject to planning staff and administrative approval pursuant to Section 2.7.3.5. of the Collier County Land Development Code. • • t ..: 8-1 100K O57 Mr.121 I , i I ti .t!. All necessary easements shall be granted, either to Collier County, private homeowners association, development district, etc., to insure the continued operation and maintenance of all service utilities and common areas throughout - the STERLING OAKS community. All necessary casements, 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. 8.4 OTHER PROVISIONS The STERLING OAKS community is expected to commence construction within twelve months of approval of this Ordinance. Projected buildout of this community,based on current market conditions, is approximately eleven years. The primary recreational facilities are expected to be constructed no later than three years from the date of completion of the initial one hundred homes, however, temporary recreational facilities, including tennis courts, are expected • to be installed within the initial twelve months of the approval of this document. The annual Planned Unit Development Report shall be submitted as required by Collier County Land Development Code. This report shall he consistent with the Collier County Land Development Code, Section 2:7:3.6. The STERLING OAKS community is subject to the Sunset Provision in paragraph 3.7 herein. 8.5 DESIGN MODIFICATIONS The preparation of all preliminary and final subdivision plats will be in compliance with the Collier County Land Development Code. It should be noted, however, that design modifications to the provisions of the Collier County Land Development Code shall be requested at the time of submittal of preliminary subdivision plats. Nothing within the document shall prohibit Development Services Director from granting these requested modifications, should they meet • with sound engineering and planning practice. 8.6 TRANSPORTATION REOUIREMENTS Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way ordinance 82-91. Work within U.S. 41 right-of-way shall meet the requirements of the Florida Department of Transportation. ' • 8-2 BOOK O57PASE 122 • • M • • 1) Turn Lanes; Final approval of the work done within U.S. 41 right-of-way and the adequacy of the turn lanes will be determined by the Florida Department of Transportation. 2) Street LiglIts: • The developer shall install and maintain arterial level street lighting at • both project accesses (Old 41 and New U.S. 41). 3) Traffic Control Devices: The developer shall provide a fair share contribution toward the capital cost of traffic s;unals at any project entrance. Traffic signals shall be owned, operated and maintained by Collier County. The Developer shall be responsible for the payment of impact fees in accordance with Ordinance 92-22. • The PUD Document has language for the fair-share payment toward signalization at any project entrance. This should be interpreted to mean that these costs are not eligible for impact fee credits as they are site-related. In addition,any costs associated with signing, striping, strain pole replacement (including additional right-of-way from the developer), adjustment to existing turn lane, and similar expenses are all considered part of the fair-share contribution. • All traffic control devices used, excluding street name signs, shall generally conform with the MANUAL ON UNIFORM CONTROL DEVICES(CHAPTER 316.0747. FLORIDA STATUTES), 8.7 ENGINEERING AND UTILITIES REOUIREMENTS 1) engineering • a. Detailed paving,grading and site drainage plans shall be submitted to Project Review Services for review. Construction permits shall be issued only upon approval by Project Review Services of the proposed construction in accordance with submitted plans. 8-3 600K 057 PASS 123 • ' - 1�1 11111 111111 • tl, b. Easements for underground utilities such as power, telephone,TV cable,wastewater collection and transport,water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shalt be selective so as to protect the maximum number of trees and natural vegetation. c. A preliminary subdivision plat shall be submitted which complies with all the design standards of Division 3.2 of the Collier County Land Development Code unless, in accordance with the Collier • County Land Development Code,specific exceptions to the design standards are requested and supported by sound engineering reasoning during its approval process. d. Access into each tract as shown on PUD Master Plan is informational only. Location and number of access points are subject to preliminary subdivision plat or site development plan approval. 2) Utilities a. All construction plans and technical specifications and proposed plats,if applicable,for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the County prior to commencement of construction. b. Water distribution,sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to II be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No.88-76,as amended, and other applicable County rules and regulations. c. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. 4 � , s-a BOOK 157PAc 124 I. • . f a . I , i • d. It is anticipated that the County Utilities Division 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 I will install and operate interim sewage treatment and disposal • facilities adequate to meet all requirements of the appropriate • . regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the • County, prior to the approval of construction documents for the project and be in conformance with the requirements of Collier i County Ordinance No. 88-76, as amended. e. Water Facilities Looping and Stubs: The on-site water distribution system to serve the project must be connected to the District's 16 inch water main on the west side of • U.S. 41 consistent with the main sizing.requirements specified in I the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features • ; shall be incorporated into the distribution system: i) Dead end mains shall be eliminated by looping the internal • . pipeline network. ii) Stubs for future system interconnection with adjacent i properties shall be provided to the east and the south property lines of the project, at locations to be mutually c I agreed to by the County and the Developer during the • design phase of the project. • - f. Sewer system connection when interim sewage treatment plant utilized: The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of • the on-site force main which will ultimately connect the project to - the future central sewerage facilities of the District in the Old U.S. • . 41 rights-of-way. The force main must be extended from th'e main on-site pump station to.the west rights-of-way line of Old U.S. 41 • and capped. It must be interconnected to the pump station with • i• 8-5 • BOOK 1O57PaGl125 • • • I . 11111 11111 11111 appropriately located valves to permit for simple redirection of the • project's sewage when connection to the County's central sewer facilities becomes available. g. Public Service Commission Service Territories: Prior to approval of construction documents by the County, the Developer must present verification pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or • I water service to the project until the County can provide these I. services through its water and sewer facilities. h. Off-site Utilities Improvements: i) Water The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. • ii) Sewer I. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated•,without adverse impact to the existing transmission facilities. i. Solid Waste Disposal Arrangements and agreements shall be made with an appropriate service provider to provide the solid waste collection service to the STERLING OAKS project area. j. Other Utilities Telephone, electric power and TV cable service shall be made available and all such utility lines shall be installed underground. 8-6 BOOK 057 PAGE 126 — ri • • SECTION 9. +� SUPPLEMENTAL DEVELOPMENT REGULATIONS 9.1 PURPOSE The purpose of this section is to set forth supplemental regulations governing the development of all tracts within the STERLING OAKS community. While the Collier County Land Development Regulations are acknowledged herein, there are some modifications to those Regulations that are required due to the unique components proposed within the STERLING OAKS community. Where there are circumstances not addressed by the following provisions, the most relevant • provision of the Collier County Land Development Code, in effect at the time of building permit application, shall apply. • 9.2 GENERAL REGULATIONS A. Duffer Areas. The PUD shall be buffered fpr.the protection of property • owners from surrounding land uses. All required landscape buffer areas shall be designed and constructed in compliance with land development regulations in effect at the time of building permit application, except as • modified herein. Buffers adjacent to protected/preserve and/or conservation buffer areas shall conform to the requirements established by the agency requiring such buffer. Buffers may overlay easements, existing or proposed, subject to approval of the Grantee(s) of the easements. However, under no circumstances shall buildings or structures occupy the buffer area. B. Easements. If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access • to,and construction and maintenance of,the improvements. Parking and driveways may be allowed in the easement areas. All such easements shall be properly identified on the preliminary subdivision plat and dedicated on the final subdivision plat. t ' C. Plantings.Trees and Crass. All rights-of-way and easements for streets, avenues, roads, drives and the like shall be planted with trees, grass or • other suitable vegetation in accordance with the specifications,limitations, procedures, types and intervals set forth in the Collier County Land I: Development Code,and/or as modified herein. All unpaved areas within 9-1 BOOK J57PAt;E 127 • 111 1 Yin . • • rights-of-way shall be stabilized by seed or sodding of cultivated grass species suitable to the area. The sodding of a one foot (1') wide strip along the back of curb or edge of pavement shall be mandatory for all roadway construction. D. preservation Standards The 25% preservation requirement shall be for the entire 248 ± acre PUD. Individual tracts may contain less than the 25% requirement but the sum total of the PUD will equal or exceed the 25% requirement. E. Open Space Standards • The 60%open space requirement shall be for the entire 248 ± acre PUD. Individual tracts may contain less than the 60% requirement but the sum total of the PUD will equal or exceed the 60% requirement. F. Habitat Protection The approved preserve/conservation area shalimect all habitat protection requirements in effect at the time of building permit submittal. G. Landscaping Landscape requirements for the Sterling Oaks PUD shall be in Ii conformance with Collier County Land Development Code, Division 2.4, at the time of approval of any subsequent final development order. i H. Streets Adjoining or proposed adjoining street systems. The arrangement of streets within the PUD does not provide for continuation or interconnection to and from adjoining properties. Water Management Storm Water Outran:. Storm water runoff shall be conducted to positive outfalls that can be legally and permanently maintained. Outfall will be the Old U.S. 41 right-of-way with bleeders to off-site preserve areas if required by any governmental agency. 9-2 600K O57 rAGE 120 t5 N11111111111111111111•11111111MMOM 1 I Should the South Florida Water Management District, or any other agency,during its review process, require significant changes to be made to the site plan or drainage facilities, Collier County reserves the right to re-review this petition and if necessary, have the petition heard again by the Environmental Advisory Board. The Petitioner shall demonstrate that the outfall route has the capacity to handle the discharge from this project and others up and downstream for the total distance to the Cocohatchee River/Wiggins Bay estuary. The Petitioner shall also demonstrate that this project has legal means to use this outfall route as well as the routes ownership and maintenance responsibilities. Any necessary improvements to the downstream outfall route, to the U.S.41 boxes, shall be constructed by the applicant. • • All sites within the industrial area shall conform to the South Florida Water Management District rules for pre-treatment of industrial projects. J. Signs, Except as specifically set forth in this document, all signs constructed within STERLING OAKS shall be in compliance with the Collier County land Development Code,Division 2.5,at the time of final plat or SDP approval. • . . • •, • • • 9-3 1 100K 057Fut129 .• 111111111amommummiIIINII1111111111111111111111111111111111111111 F : • SECTION 10. ENVIRONMENTAL REQUIREMENTS 10.1 PURPOSF, ii The purpose of this section is to outline the environmental requirements of the Project Developer as set forth by Collier County during the rezoning review process. I A. The project developer shall be subject to all environmental ordinances in effect at the time of building permit application. i • B. The project developer shall acquire all relevant environmental permits. C. Layout of the design of the development shall be adjusted to comply with the requirements of the ACOE and SFWMD. D. As part of the initial final plat approval,a conservation easement similar to or as per Florida Statutes Section 70406,shall be recorded on all preserves and mitigation areas. E. In addition to the mitigation requirements for wetland encroachment indicated in the plan of record(EIS dated 6/18192),prior to construction plan/plat approval,a donation of at least$53,370.00 shall be accepted by the CREW Trust. Unless additional on-site or off-site mitigation is approved by South Florida Water Management District and Collier County to satisfy the mitigation requirements. F. PUD language is consistent with the Collier County Land Development Code Section 3.2 and the PUD shall be revised to require that the final plat illustrate the preserve boundary line and setbacks as established by the State and Federal agencies having jurisdiction. 40796 10/6/92 10-I BOOK CT-IPA-7-130 • ININIMU ICT"vdLcU >,00s • 1 •E .. j s 611 , I . , , ,, 11 , !1 f 6 0 3 11 1 : i • I,( II I{1•� 1 I, 1 ?2s lthI • •I ., ! i i :;!^-- �^—--- ! ,In!! {;( (1 1;11,11' 1(111 , F112 I .. ;1 II;111 rill 1(10 (1,1; 1 .1-_... rr. .•. ..,. 1' :LAI.S• ,ill Ill Ad U III •1 iii 1 • �..� • • • s s s s s e • . i 11/{}1 I 1 ' . II :1 11 l; 1.i � i Y • n_ I-1 i f I I ii IIIHIII km, _1• •••..• cc e • • § \ ,N5,%\11‘•■■•1 • • • • • • \\\. ,v.,\s . N,Rt. 4\ :i I—„ N .. ,..... .. . . . • . ,,... ....... ., \ ,.. ,,, ,,...,, J. , A "/ :4.----i ,\.1 , . 1, C\\ 3y , !I 5 V‘\\\\, ''.;74. ti i I .. , s ! • • . .NJ I /1111111.1111.1 • MN' - - • I • " 11111 11111 I .- 0 I ' • • STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, 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. 92-79 which was adopted by the Board of County Commissioners on •• the 20th day of October, 1992, during Regular Session. WITNESS my hand and the official 'seal of the Board of County Commissioners of Collier County, Florida, this 27th day of October, 1992. JAMES C. GILES Clerk of Courts and Clerk I ' Ex-officio to Board of - • • County Commissioners , • • . • • B : -;s/Maureen Kenyon Deputy Clerk I 1 BOCK 057pAu432 • • OM= r _ , LEE COUNTY UNE ;AT; W\ N7 $;* rsic gf t( i cif o L mw<ouxswvcn ' t + 7..- Pub v _� w ��. O`���6�jt „iii MIME USA 1.1C PUD' r 1 ' ;. 5 AMOR LIJr awe ii;* t —IF'-, , i Air NM " "' a s -_Q��� #iI+ .PUD,.:.,,, c i. iAr 4 s0.nc axs It ARM w v s m It - i MIN 11 " ' ���� �Q�p d s -MEE x v FP ppOp''` I, ppOT i 111 4, vist,o o0.. tea�, ®.0,1 ,- 48a /fin a ©�po x,. _`�—41?A Pup-. A . `46 7 D :: : ©::: ®SUr snxMury aaNNTE mar MI p.I-I.,1-1°lvl-1.1,.1.1.1>Iylxl�k l-l-l•TT 1 1- * 1 L= Js 4 a 1 .tee a Pig)" -,` 1 .inm.MOCK e x � B5 0.001 cwmN WAY J2v C-3•U. !! ! III 0.OPEN) 10 10 li Al Sam --------- INDICATES SPECIAL TREATMENT OVERLAY Ie MM=70 •, ..m 0..1rc sli�xv�x x�E i 1 Ca.,,a x� =..M..�.. .Main + ro n.. ro - ' ar COLLIER COUNTY, FLORIDA COMMUNITY DEVELOPMENT DIUSON °iY5 •a„'.-"�• ° ••-•• - TOP 488 RNO 25E SECS)10 50 1/2 H: .• _ �, MAP NUMBER: L ...._._ - _ 8510S rTh UNITED STATES SEARCH DEPARTMENT OF LABOR AtoZ Index IEnespanoll Contact Us1FAQs1 About OSHA OSHA 3SHA•uickTakes Newsletter RSS Feeds ij Print This Page ga Text Size Occupational Safety&Health Administration We Can Help What's New Offices OSHA Home Workers Regulations Enforcement Data&Statistics Training i Publications Newsroom Small Business Anti-Retaliation Division E:Transportation,Communications,Electric,Gas,And Sanitary Services Major Group 42:Motor Freight Transportation And Warehousing Industry Group 422:Public Warehousing And Storage 4225 General Warehousing and Storage Establishments primarily engaged in the warehousing and storage of a general line of goods.The warehousing of goods at foreign trade zones is classified in Industry 4226.Field warehousing is classified in Services,Industry 7389. • General warehousing and storage • Miniwarehouse warehousing • Warehousing,self-storage [SIC Search i Division Structure I Major Group Structure] Freedom of Information Act 1 Privacy&Security Statement 1 Disclaimers 1 Important Web Site Notices 1 International 1 Contact Us U.S.Department of Labor 1 Occupational Safety&Health Administration I 200 Constitution Ave.,NW,Washington,DC 20210 Telephone:800-321-OSHA(6742) 1 TTY:877-889-5627 www.OSHA.gov 2.03.04 Industrial Zoning Districts A. Industrial District (I). The purpose and intent of the industrial district(I) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district(I). a. Permitted uses. 1. Agricultural services(0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops, with or without fertilizing, shall be a minimum of 500 feet from a residential zoning district. 0722-0724, 0761, 0782, 0783). 2. Apparel and other finished products(2311-2399). 3. Ancillary plants. 4. Automotive repair, service, and parking (7513-7549). 5. Barber shops(7241). 6. Beauty shops or salons (7231). 7. Building construction (1521-1542). 8. Business services (7312, 7313, 7319, 7334-7336, 7342-7389, including auction rooms (5999), subject to parking and landscaping for retail use). 9. Communications (4812-4899 including communications towers up to specified heights, subject to section 5.05.09.). 10. Construction-Special trade contractors(1711-1799). It Crematories(7261). 12. Depository and non-depository institutions (6011-6163). 13. Eating places(5812). 14. Electronic and other electrical equipment(3612-3699). 15. Engineering, accounting, research, management and related services (8711-8748). 16. Essential services, subject to section 2.01.03 17. Fabricated metal products (3411-3479, 3491.-3499). 18. Food and kindred products (2011-2099, except slaughtering plants). 19. Furniture and fixtures (2511-2599). 20. General aviation airport. 21. Gunsmith shops(7699). 22. Heavy construction (1611-1629). 23. Health services (8011 accessory to industrial activities conducted on-site '—S only). 24. Industrial and commercial machinery and computer equipment(3511- 3599). 25. Insurance agents, brokers, and service, including Title insurance(6361 and 6411). 26. Laundry, cleaning, and garment services(7211-7219). 27. Leather and leather products(3131-3199). 28. Local and suburban transit(4111-4173). 29. Lumber and wood products (2426, 2431-2499). 30. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods;watches and clocks(3812-3873). 31. Membership organizations (8611, 8631). 32. Miscellaneous manufacturing industries(3911-3999). 33. Miscellaneous repair services(7622-7699)with no associated retail sales. 34. Motor freight transportation and warehousing (4212, 4213-4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). 35. Outdoor storage yards pursuant to the requirements of s e ction 4.02.12 36. Paper and allied products(2621-2679). 37. Physical fitness facilities (7991). 38- Printing, publishing and allied industries(2711-2796). �-. 39• Railroad transportation (4011, 4013). 40. Real estate brokers and appraisers(6531). 41. Rubber and miscellaneous plastics products(3021, 3052, 3053). 42. Shooting range, indoor(7999). 43. Stone, clay, glass, and concrete products(3221, 3231, 3251, 3253, 3255-3273, 3275, 3281). 44. Textile mill products (2211-2221, 2241-2259, 2273-2289, 2297, 2298). 45. Title abstract offices (6541). 46. Transportation equipment(3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 47. Transportation by air(4512-4581). 48. Transportation services(4724-4783,4789 except stockyards). 49. United States Postal Services(4311). 50. Vocational schools (8243-8249). 51. Welding repair(7692). 52. Wholesale trade—Durable goods (5012-5014, 5021-5049, 5063-5092, 5094-5099). 53. Wholesale trade—nondurable goods (5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals,fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192-5199). 54. Existing retail uses that were in operation on January 1, 2009, in the Industrial zoning district and which have been continuously and conspicuously operating in the Industrial zoning district as of June 8, 2010, without limitation as to square footage of the retail use. These existing retail businesses shall be treated as legal non-conforming uses in accordance with the LDC, provided however that in the event of destruction or damage due to natural disaster, the structures housing such uses may be rebuilt to their pre-disaster condition. b. Accessory uses. Uses and structures that are accessory and incidental to uses permitted as of right in the I district. 2. Caretaker's residence, subject to section 5.03.05 . 3. Retail sales and/or display areas as accessory to the principal use, excluding automotive sales and/or display areas, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use, and subject to retail standards for landscaping, parking and open space. 4• Recreational vehicle campground and ancillary support facilities when in conjunction with temporary special events such as air shows and the like- applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1.-C.6. of this Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two (72)consecutive hours. 5. Recreational vehicle campground and ancillary support facilities when in conjunction with vehicle racing-applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1. -C.6. of this Code. Recreational vehicles,tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two (72)consecutive hours. C. Conditional uses.The following uses are permitted as conditional uses in the industrial district(I), subject to the standards and procedures established in section 10.08.00 /• Adult day care centers (8322). i Shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. ii. Shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. Shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. iv. Shall provide a minimum usable open space of not less than 30 percent of the total square footage of the lot area. 2. Child day care services(8351), provided: i All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials.This shall include all adjacent and abutting properties lying within 500 feet of the child care center's nearest property line. a) For purposes of this subsection, the following definitions shall apply: i) Hazardous materials: A material that has any of the following properties; ignitable, corrosive, reactive and/or toxic. ii) Toxic substances: A substance which is or is suspected to be, carcinogenic, mutagenic, teratogenic, or toxic to human beings. It shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. It shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. iv. It shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. v. It shall provide a minimum usable open space of not less than thirty (30) percent of the total square footage of the lot area. vi. It shall provide that all open spaces to be used by children will be bounded by a fence of not less than five (5) feet in height, to be constructed of wood, masonry or other approved material. vii. It shall provide a landscape buffer in accordance with section 4.06.00 viii. It shall comply with the State of Florida Department of Health and Rehabilitative Services Child Day Care Standards, Florida Administrative Code. ix. Where a child care center is proposed in conjunction with, and on the same parcel as, a facility which is a permitted use, the requirements set forth in subsections i. through—viii. above, with the exceptions of subsections iv. and v., shall be used to provide the protections to children using the child care center intended by this section consistent with the development of the proposed permitted use. 3. Chemical and allied products (2812-2899). 4. Communications (groups 4812-4899 including communications towers that exceed specified heights subject to all requirements of section 5.05.09.). 5. Electric, gas, and sanitary services (4911-4971). 6. Fabricated metal products (3482-3489). 7. Food and kindred products (2011 and 2048 including slaughtering plants for human and animal consumption). 8. Heliports/Helistops, public and private: For restrictions and conditions see section 5.05.14 Heliports and Helistops. 9. Leather tanning and finishing (3111). 10. Lumber and wood products (2411, 2421, 2429). 11. Motor freight transportation and warehousing (4226, oil and gas storage, and petroleum and chemical bulk stations, but not located within 500 feet of a residential zoning district). 12. Oil and gas extraction (1321, 1382). 13. Paper and allied products (2611). 14. Petroleum refining and related industries (2911-2999). 15. Primary metals industries(3312-.3399). 16. Refuse systems(4953). 17. Rubber and miscellaneous plastics products (3061-3089). 18. Stone, clay, glass, and concrete products(3211, 3229, 3241, 3274, 3291-3299). 19. Textile mill products (2231, 2261-2269, 2295, 2296). 20. Transportation by air(4581 airport flying fields). 21. Transportation services(4789 stockyards). 22. Vehicle racing-applicable to the Immokalee Regional Airport only. 23. Wholesale trade-durable goods(5015, 5051, 5052, 5093). Wholesale trade-nondurable goods(5162, 5169, 5171, 5172, 5191). 24. Homeless shelters. 25. Soup kitchens. 26. Any other industrial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00 B. Business Park District(BP). The purpose and intent of the business park district(BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park-like environment,with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district.The BP district is permitted by the urban mixed use, urban commercial, and urban-industrial districts of the future land use element of the Collier County GMP. 1• The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the business park district. a. Permitted primary uses. One hundred percent of the total business park district acreage is allowed to be developed with the following uses: 1. Aircraft and parts (3721-3728). 2• Apparel and other finished products (2311-2399). 3• Business services (7311). 4. Communications (4812-4899 including communication towers limited in height to 100 feet and subject to section 5.05.09.). 5. Construction: Special trade contractors(1711-1799). 6. Depository and non-depository institutions (6011, 6019, 6081, 6082). 7. Drugs and medicines(2833-2836). 8• Eating places(5812 not including fast foods,walk-up windows and drive-thru restaurants). 9• Educational services (8221-8299). 10. Electronic and other electrical equipment manufacturing (3612-3699). 11. Engineering, accounting, research, management and related services (8711-8748). 12. Food manufacturing (2034, 2038, 2053, 2064, 2066, 2068, 2096,2098, 2099). 13. Furniture and fixtures manufacturing (2511-2599). 14. Government offices/buildings (9111-9222, 9224-9229, 9311, 9411-9451, 9511-9532, 9611-9661). 15. Health services(8011-8049). 16. Industrial and commercial machinery and computer equipment(3511- 3599). 17. Industrial inorganic chemicals (2812-2819). 18. Job training and vocational rehabilitation services (8331). 19. Leather and leather products (3131-3199). 20. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods;watches and clocks manufacturing (3812-3873). 21. Medical laboratories and research and rehabilitative centers(8071, 8072, 8092, 8093). 22. Miscellaneous manufacturing industries(3911-3999). 23. Motion picture production (7812-7819). 24. Motor freight transportation and warehousing (4225 mini-and self-storage warehousing only and subject to the following criteria: i• The use of metal roll-up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right-of-way is prohibited; and ii. Access to individual units whether direct or indirect must be from the side of a building that is oriented internally; No building shall exceed 100 feet in length when adjacent to a residential zoning district; iv. No outdoor storage of any kind is permitted; and v. Storage units shall be utilized for storage purposes only. 25. Paper and allied products(2621-2679). 26. Plastic materials and synthetics(2821, 2834). 27. Printing, publishing and allied industries(2711-2796). 28. Rubber and miscellaneous plastics products(3021, 3052, 3053). 29. Security/commodity brokers (6211); 30. Transportation equipment(3714, 3716, 3731, 3732, 3751, 3792, 3799). 31. United States Postal services (4311). 32. Wholesale trade durable goods (5021, 5031, 5043-5049, 5063-5078, 5091, 5092, 5094-5099). 33. Wholesale trade nondurable goods(5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals,fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential zoning district (5192-5199). 34. Any other use which is comparable in nature with the forgoing uses and is otherwise clearly consistent with the intent and purpose statement of the district. b. Permitted secondary uses accessory to the business park district. Development is limited to a maximum of 30 percent of the total acreage of the business park district for the following uses: 1. Business services(7312, 7313, 7319, 7331, 7334-7336, 7342, 7349, 7352, 7361, 7363, 7371-7384, 7389). 2. Child day care services (8351). 3. Depository and non-depository institutions(6021-6062, 6091, 6099, 6111-6163). 4. Drug stores (5912, limited to drug stores and pharmacies) in conjunction with health services group and medical laboratories/research/rehabilitative groups. 5. Hotels (7011 hotels only). Maximum density 26 units per acre when located within activity centers and 16 units per acre when located outside activity centers. The maximum floor area ratio for hotels shall not exceed a factor of 0.60. 6. Membership organizations(8611); business associations (8621); professional organizations(8631); labor unions and similar labor organizations. 7. Personal services (7215-7231, 7241). 8• Physical fitness facilities and bowling centers(7991, 7933). 9. Professional offices; insurance agencies(6411); insurance carriers (6311- 6399); real estate (6531, 6541, 6552, 6553); holding and other investment offices(6712-6799); attorneys (8111). 10. Travel agencies(4724). c• Accessory uses to permitted primary and secondary uses: 1. Uses and structures that are accessory and incidental to uses permitted as of right in the BP district. 2. Caretaker's residence, subject to section 5.03.05 3. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. 4. Recreational vehicle campground and ancillary support facilities when in conjunction with temporary special events such as air shows and the like- applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1.-C.6. of this Code. Recreational vehicles,tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two consecutive hours. 5. Recreational vehicle campground and ancillary support facilities when in conjunction with vehicle racing-applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1.- C.6. of this Code. Recreational vehicles,tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two consecutive hours. d. Conditional uses: 1. Ancillary plants. 2. Vehicle racing-applicable to the Immokalee Regional Airport only. • (Ord.No. 08-11, §3.G;Ord. No. 08-63,§3.D;Ord.No. 10-23, §3.G)