Ordinance 2015-40 ORDINANCE NO. 15-4 0
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 2008-02 WHICH ESTABLISHED THE LANE PARK
COMMERCIAL PLANNED UNIT DEVELOPMENT TO REMOVE THE
GROSS FLOOR AREA SQUARE FOOTAGE LIMITATIONS ON
PERMITTED RETAIL PRINCIPAL USES; TO AMEND THE
MINIMUM YARDS AND SITE LIGHTING DEVELOPMENT
STANDARDS; TO AMEND THE PUD MASTER PLAN TO REMOVE A
PORTION OF THE EXISTING 50-FOOT DRAINAGE EASEMENT
ALONG THE EASTERN PUD BOUNDARY, TO SHOW AN
ADDITIONAL PUD ACCESS POINT OFF OF MARKET STREET, AND
TO INCREASE THE REQUIRED NATIVE VEGETATION RETENTION
ACREAGE; AND TO ADD NEW ENVIRONMENTAL DEVELOPER
COMMITMENTS IDENTIFYING THE PERMITTED PRESERVE USES,
AND PROVIDING FLEXIBILITY TO ALLOW THE ON-SITE NATIVE
VEGETATION RETENTION REQUIREMENT TO BE SATISFIED OFF-
SITE. THE SUBJECT PROPERTY IS LOCATED ON THE
SOUTHWEST QUADRANT OF MARKET AVE. AND LIVINGSTON
RD. IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 5.27± ACRES; AND
BY PROVIDING AN EFFECTIVE DATE. [PUDA-PL201400008671
WHEREAS, Tim Hancock, AICP of Stantec Consulting Services, Inc. petitioned the
Board of County Commissioners to amend the Lane Park Commercial Planned Unit
Development ("CPUD").
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendment to CPUD Document.
The CPUD Document, attached as Exhibits"A"through "F"to Ordinance No. 2008-02 is
hereby amended and replaced with the CPUD Document attached hereto as Exhibits "A"through
"F" and incorporated herein by reference.
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
[14-CPS-01389/1175930/1]
Rev. 4/30/15 1 of 2
PASSED AND DULY ADOPTED by suer-majority vote of the Board of County
Commissioners of Collier County, Florida, this 7 day of 3 tI , 2015.
ATTEST: 4,• ?,^soo' ., BOARD OF COUNTY COMMISSIONERS
DWIGH;`t.'BI�OCI-;`CLERK COLLIER COUNTY, FLORIDA
By: r►a�r'�,�oil By
Dep`ut3,= 1.- e' Tv TIM NANCE, Chairman
Attest as't6 I r tt.
signature only.
Approved as to form and legality:
Scott A. Stone "Y 3411
Assistant County attorney
Attachments: Exhibit A—Permitted Uses
Exhibit B—Development Standards
Exhibit C —Master Plan
Exhibit D—Legal Description
Exhibit E - List of Requested Deviations
Exhibit F—List of Development Commitments
This ordinance filed with the
*Leary of State's Off a ttre
InIday of ,3iA� , .
and acknowledgement of that
filin• received • is (1711 da
of ), '�►
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[14-CPS-01389/1175930/1]
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0
EXHIBIT A
FOR LANE PARK COMMERCIAL PUD
Regulations for development of the Lane Park CPUD shall be in accordance with the contents of this
CPUD Ordinance and applicable sections of the LDC and GMP in effect at the time of issuance of any
development order to which said regulations relate. Where this CPUD Ordinance does not provide
development standards,then the provisions of the specific sections of the LDC that are otherwise
applicable shall apply.
PERMITTED USES:
No building or structure or part thereof,shall be erected, altered or used, or land used, in whole or in
part,for other than the following:
A. Principal Uses:
1. Accounting, auditing, and bookkeeping services (group 8721).
2. Apparel and accessory stores with 5,000 square feet or less of gross square floor area in
•- - •• .. . - (groups 5611-5699).
3. Auto and home supply stores with 5,000 square feet or less of gross floor area in the
principal structure(group 5531).
4. Automotive services (group 7549) except that this shall not be construed to permit the
activity of"wrecker service (towing) automobiles, road and towing service."
5. Barber shops (group 7241), except barber schools.
6. Beauty shops (group 7231), except beauty schools.
7. Business services (groups 7311, 7313, 7322-7338, 7361-7379, 7384, 7389 except
auctioneering service, automobile recovery, automobile repossession, batik work,
bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits,
cotton inspection, cotton sampler, directories -telephone, drive-away automobile,
exhibits-building, filling pressure containers, field warehousing, fire
extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling,
liquidation services, metal slitting and shearing, packaging and labeling, patrol of
electric transmission or gas lines, pipeline or powerline inspection, press clipping
service, recording studios, repossession service, rug binding, salvaging of damaged
merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery,
sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile
folding,tobacco sheeting,window trimming, and yacht brokers.
8. Child day care services (group 8351).
9. Churches and other places of worship.
10. Civic, social,and fraternal associations (group 8641).
11. Depository institutions (groups 6011-6099).
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12. Eating places (group 5812 only). All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to locational requirements
of the LDC.
13. Educational services (groups 8211-8231, except regional libraries).
14. Food stores with 5,000 square feet or less of gross floor area in the principal
structure (groups 5411-5499).
15. Gasoline services stations (group 5541 subject to the LDC).
16. General merchandise stores with 5,000 square feet or less of gross floor area in the
principal structure(groups 5331-5399).
17. Hardware stores with 1,800 square feet or less of gross floor area in the principal
structure(group 5251).
18. Health services (groups 8011-8049, 8082).
19. Home furniture, furnishing, and equipment stores with 5,000 square feet or less of
gross floor area in the principal structure(groups 5712-5736).
20. Insurance carriers, agents and brokers(groups 6311-6399, 6411).
21. Legal services (group 8111).
22. Management and public relations services (groups 8741-8743, 8748).
23. Membership organizations (groups 8611--8699).
24. Miscellaneous repair services (groups 7629 - 7631, 7699 bicycle repair, binocular
repair, camera repair, key duplicating, lawnmower repair, leather goods repair,
locksmith shop, picture framing, and pocketbook repair only).
25. Miscellaneous retail with 5,000 square feet or less of gross floor area, (groups 5912
- 5963 except pawnshops and building materials,groups 5992 -5999 except
auction rooms, awning shops, gravestones, hot tubs, monuments, swimming
pools,tombstones and whirlpool baths).
26. Museums and art galleries (group 8412).
27. Nondepository credit institutions (groups 6111 -6163).
28. Offices for engineering, architectural, and surveying services (groups,0781, 8711-8713).
29. Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor area in
the principal structure(group 5231).
30. Personal services with 5,000 square feet or less of gross floor area in the principal
structure (groups 7211, 7212, 7215, 7216 non industrial dry cleaning only, 7221-7251,
7291, 7299, babysitting bureaus, clothing rental, costume rental, dating service,
depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical
investigation service, and hair removal only).
31. Photographic studios (group 7221).
32. Physical fitness facilities (group 7991).
33. Public administration (groups 9111-9199, 9229, 9311, 9411 -9451, 9511-9532, 9611,
9661).
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34. Real estate (groups 6531-6552).
35. Retail nurseries, lawn and garden supply stores with 5,000 square feet or less of gross
floor area in the principal structure(group 5261).
36. Security and commodity brokers, dealer, exchanges and services (groups 6211-6289).
37. Shoe repair shops and shoeshine parlors (group 7251).
38. Transportation services (group 4724),travel agencies only.
39. United States Postal Service (group 4311 except major distribution centers).
40. Veterinary services (groups 0742, 0752 excluding outside kenneling).
41. Videotape rental with 5,000 square feet or less of gross floor area in the principal
structure(group 7841).
42. Any other commercial use or professional services which are comparable in
nature with the foregoing uses including those that exclusively serve the administrative
as opposed to the operational functions of a business and are associated with activities
conducted in an office.
permitted by right without the maximum floor area limitation if the use is
developed as an individual structure that is part of a shopping center.
44 43. Any other principal commercial use which is comparable in nature with the
foregoing list of permitted uses and consistent with the permitted uses and purpose
and intent statement of the district, as determined by the Board of Zoning Appeals or
Hearing Examiner,whichever may be applicable.
PROHIBITED USES
B. Principal Uses:
1. Amusements and recreation services (groups 7911, 7922 community theaters
only, 7933,7993,7999 boat rental, miniature golf course, bicycle and moped
rental, rental of beach chairs and accessories only).
2. Homeless shelters, as defined by the LDC.
3. Social services (groups 8322-8399).
4. Soup kitchens, as defined by the LDC.
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EXHIBIT B
FOR LANE PARK COMMERCIAL PUD
Table 1 below sets forth the development standards for land uses within the CPUD. Standards not
specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of
the date of approval of the Site Development Plan (SDP) or subdivision plat.
GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in
relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or
homeowners' association boundaries shall not be utilized for determining development standards.
TABLE 1
DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 Sq. Ft. N/A
MINIMUM LOT WIDTH 75 ft. N/A
MINIMUM YARDS(External)
Livingston Road 25 5-0 ft. SPS
Radio Road 25 ft. SPS
Market Avenue 25 289 ft. N/A
Other Perimeter Parcel Boundary Greater of 15 feet or 1/2 height N/A
of structure
MINIMUM DISTANCE BETWEEN STRUCTURES Greater of 15 feet or 1/2 of the N/A
sum of building heights
MAXIMUM ZONED/ACTUAL BUILDING HEIGHT 35 ft./50 ft. 35 ft./50 ft.
Retail Buildings 35 ft. N/A
Office Buildings 35 ft.
50 ft. 4174
MINIMUM FLOOR AREA 700 sq. ft.* N/A
MAXIMUM GROSS FLOOR AREA 50,000 sq. ft. N/A
MAXIMUM NUMBER OF STORIES 3 stories N/A
*per principal structure, on the finished first floor
ADDITIONAL DEVELOPMENT STANDARDS
MAXIMUM LOT COVERAGE 30% of entire parcel
PRESERVATION REQUIREMENT 0.115 0.49 acres'
Light poles prohibited except
to meet lighting requirements
at entry/exits
'The On-site native vegetation preservation retention requirement may be satisfied off-site pursuant to
LDC Section 3.05.07.H.1.f.
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EXHIBIT C Page 1 of 2
MASTER PLAN
FOR LANE PARK COMMERCIAL PUD
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EXHIBIT C—Page 2 of 2
MASTER PLAN
FOR LANE PARK COMMERCIAL PUD
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EXHIBIT D
LEGAL DESCRIPTION
FOR LANE PARK COMMERCIAL PUD
Lot 27, COLLIER COUNTY PRODUCTION PARK, PHASE 1B, as recorded in Plat Book 15, Pages 7 and 8 of
the Public Records of Collier County, Florida.
and
Tract A, COLLIER COUNTY PRODUCTION PARK, PHASE 3A, as recorded in Plat Book 22, Pages 59 and 60
of the Public Records of Collier County, Florida.
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EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
FOR LANE PARK COMMERCIAL PUD
None Requested./This Page Intentionally Left Blank
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EXHIBIT F
LIST OF DEVELOPER COMMITTMENTS
FOR LANE PARK COMMERCIAL PUD
TRANSPORTATION
-e . •- _. • •- •••• . • - ::••-• . .• •• ... _• . . -
subject to change.
2. The owner t developer shall provide a 30 foot wide non exclusive frontage ingress egress
easement parallel to Radio Road to the County and the owner of the parcel abutting the
requested by the County. Additionally, the owner ',developer shall construct interconnection
applicable County ordinances.
1.3. Site access will be limited to a maximum of one access point from Radio Road, one access point
from Market Avenue, and one access point from Livingston Road. Any Livingston Road access
point shall be within 250 feet of Market Avenue.
required. The amount shall be determined utilizing FDOT's 2004 Transportation Cost Estimates,
as amended. The payment shall be provided prior to the issuance of the initial SDP approval for
all or any portion of the subject property.
completed prior to commencing site construction.
The owner L- developer shall pay the project's "Fair Share" contributions for roadway
improvements as may be required at the time of SDP application as determined by
applicable LDC provisions and/ :: - - .. - . .•. ... _ C. -- __. . _ _. • .
Commissioners by resolution or ordinance.
Nothing in any development order(DO) shall vest a right of access in excess of a right in / right
out condition at any access point. Neither shall the existence of a point of ingress, a point of
egress, or a median opening, nor the lack thereof, be the basis for any future caul
against the County by the developer, its successor in title,or assignee.
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8 _ . .•- im-provement rcqu+res the use of existing Co -
easements(s), then compensating Right of Way shall be provided at no cost to Collier County as
a consequence of such improvements. This requirement may be waived by Collier County
54e-related improvements (as opposed to system related improvements) necessary for safe
ingress egress to this project shall not be eligible for impact fee credits. All required
2.10. On written request by Collier County, the developer, or its successor in interest, at its sole cost,
shall promptly reduce the Radio Road access to a right-in only condition, with no claim
whatever against Collier County.
ZONING
The owner/developer acknowledges that any adopted LDC amendment regarding Submittal•__• ..... _ ' - .- __ ... • - •: _ e. ... - •. A •- -• e. ...
Sewing Areas With or Without Entertainment shall be applicable to this CPUD:
ENVIRONMENTAL
1. A.49 acre Onsite Preserve will be provided consistent with the attached Preserve Plan based on
the following calculation: 3.28 Acres x 15%= .49 Acres. If the site is developed as shown on the
Master Plan (page 1 of 2),the preserve requirement will be met offsite, consistent with LDC
Section 3.05.07 H.1.f. If the Preserve is located off-site the Preserve Exhibit (page 2 of 2)will not
be required to be revised.
PRESERVE TRACT PERMITTED USES
A. Principal Uses
1. Preserves
B. Accessory Uses
1. Passive Recreation
2. Walking and Hiking Trails
3. Water Management Structures
4. Any other permitted preserves accessory uses in accordance with the LDC.
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 9, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Martha S. Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 15-40, which was filed in this office on July 9, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.tl.us