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Ordinance 2015-54 ORDINANCE NO. 15- 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-23, THE WILSON PROFESSIONAL CENTER PLANNED UNIT DEVELOPMENT (PUD), AS AMENDED, TO ADD A 120-FOOT MONOPINE COMMUNICATIONS TOWER AND RELATED FACILITIES AS A PERMITTED PRINCIPAL USE, ADD DEVELOPMENT STANDARDS FOR THE COMMUNICATION TOWER AND RELATED FACILITIES, ADD DEVIATIONS RELATING TO PRESERVE SETBACKS, COMMUNICATION TOWER AND RELATED FACILITIES SETBACKS AND LANDSCAPE BUFFERS, AMEND ONE ENVIRONMENTAL DEVELOPMENT COMMITMENT, AND REVISE THE MASTER PLAN, FOR THE PUD PROPERTY LOCATED AT THE SOUTHWEST CORNER OF AIRPORT-PULLING ROAD AND BAILEY LANE IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 28, 1992, the Board of County Commissioners approved Ordinance Number 92-23, the Wilson Professional Center Planned Unit Development (the "PUD"); and WHEREAS, the Wilson Professional Center PUD was amended by Ordinance Numbers 94-24 and 98-21; and WHEREAS, Lauralee G. Westine, Esquire representing SBA Towers III, LLC, petitioned the Board of County Commissioners to amend the PUD to add a 120-foot monopine communications tower and related facilities as a permitted principal use, add development standards for the communication tower and related facilities, add deviations relating to preserve setbacks, communication tower and related facilities setbacks and landscape buffers, amend one environmental development commitment, and revise the Master Plan. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [12-CPS-01192/1211956/1]Words double underlined are added;Words st...., -eugh are deleted [12-CPS-01192/1150329/1] Wilson Professional Center PUD PUDA-PL20120001128— 10/14/15 SECTION ONE: Amendment to the Cover Page of the PUD Document attached to Ordinance No. 92-23, as Amended The Cover Page of the PUD Document attached to Ordinance No. 92-23, as amended, is hereby amended to read as follows: See Exhibit"A", attached hereto and incorporated herein by reference. SECTION TWO: Amendment to Section I, Statement of Compliance, of the PUD Document attached to Ordinance No. 92-23, as Amended Section I, Statement of Compliance, of the PUD Document attached to Ordinance No. 92-23, as amended, is hereby amended to read as follows: The purpose of this section is to express the intent of Wilson, Miller, Barton & Peek, Inc; 3200 - •• • • .. ' :•:, • . . - , - •.• •4 South Florida Growers Association, Inc.; 800 Tarpon Woods Blvd., Suite E-1, Palm Harbor, Florida 34685, hereinafter referred to as applicant or sponsor, to develop property located in part of section 23, Township 49 South, Range 25 East, Collier County, Florida. The name of this proposed development shall henceforth be known as Wilson Professional Center. The development of this Planned Unit Development will be in compliance with the planning goals and objectives of Collier County set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations of the Future Land Use Element of the Growth Management Plan and other applicable documents for the following reasons: SECTION THREE: Amendment to Subsection 2.1 of Section II, Property Ownership and Legal Description, of the PUD Document attached to Ordinance No. 92-23, as Amended Subsection 2.1 of Section II, Property Ownership and Legal Description, of the PUD Document attached to Ordinance No. 92-23, as amended, is hereby amended to read as follows: 2.1 PROPERTY OWNERSHIP The subject property is currently owned by Wilson, Miller, Barton &Peek, Inc; 3200 Bailey Lane at Airport Road,Naples, Florida 33942 South Florida Growers Association, Inc. SECTION FOUR: Amendment to Section IV, Permitted Uses and Development Standards of the PUD Document of Ordinance No. 92-23, as Amended [12-CPS-0 1 1 92/1 2 1 1 956/1]Words double underlined are added; Words struck-through are deleted [12-CPS-01192/1150329/1] Wilson Professional Center PUD PUDA-PL20120001128— 10/14/15 Section IV, Permitted Uses and Development Standards of the PUD Document attached to Ordinance No. 92-23, as amended, is hereby amended to read as follows: SECTION IV PERMITTED USES AND DEVELOPMENT STANDARDS * * * * * * 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures: a) Offices and medical offices with a maximum of 72,000 sq. ft. limited to two buildings, and subject to the following limitations: 1. Emergency medical clinics are prohibited. 2. Medical office uses are limited to a maximum occupancy of 17,396 sq. ft. b) One (1) 120' Monopine Communication Tower and Related Facilities * * * * * * 4.3 DEVELOPMENT STANDARDS 1) Maximum Number of Parcels: Two building parcels. 2) Minimum Setback Requirements for Principal Structures: a) Internal road easement or front yard—25 feet. b) Side Yard - 15 feet. c) Rear Yard—25 feet. d) PUD Property Line - 50 feet in which no parking is permitted. e) Preserve— zero feet principal and accessory structures. * * * * * * 13) Monopine Communication Tower and Related Facilities Development Standards The Monopine Communication Tower, and all related facilities, shall be enclosed by an 8' tall, opaque, architecturally finished wall and located on the proposed tower tract, shown on Exhibit"A". The Monopine Communication Tower shall [12-CPS-01192/1211956/1]Words double underlined are added; Words struck through are deleted [12-CPS-01192/1150329/1] Wilson Professional Center PUD PUDA-PL20120001128— 10/14/15 be set back from the property lines as follows: North 442'2"; South 229'6"; East 610'3". Wes 42'1". All rel.t-d facilities other than the Mono sine Communication Tower, shall be set back from the property lines as follows: North 402'9"; South 190'7"; East 570'8"; West 20'1". 14) Deviations for Monopine Communication Tower Deviation#1 seeks relief from LDC Section 3.05.07(H)(3) requiring a 25 feet setback for principal structures and 10 feet for accessory structures to allow a zero feet setback for principal and accessory structures, in recognition of the then existint Growth Mana.ement Plan requirements for nativ- vegetation ret-ntion at the time the original PUD was approved, which did not require a preserve setback. Deviation#2 seeks relief from the LDC Section 5.05.09.G.2.a, which requires a 300' setback for the tower from all residential property, calculated at the height of the tower multiplied by 2.5, to allow a 229'6" setback from residential property to the South. Deviation#3 seeks relief from the LDC Section 4.06.02 C.1., "Buffer Requirements,"which requires a Type A 10-foot wide landscape buffer with trees spaced no more than 30 feet on center,to allow a 0-foot wide landscape buffer adjacent to the communication tower, only as indicated on the Master Plan. Deviation#4 seeks relief from the LDC Section 4.06.05 B.2.c., "General Landscaping Requirements,"which requires sites without native vegetation to have a 15-foot wide landscape buffer with minimum code size trees located 25 feet on center and a 3-foot high hedge planted 3 feet on center,to allow the following landscape buffer widths, graphically depicted hereto on Exhibit`B," around the tower compound: a) Along the northeast side: a minimum 5-foot wide buffer for up to 50% of the landscape buffer. b) Along the southeast side: a minimum 4-foot wide buffer for up to 50% of the,landscape buffer. c) Along the southwest side: a minimum 0-foot wide buffer for up to 50% of the landscape buffer. d) Along the northwest side: a minimum 0-foot wide buffer for up to 25% of the landscape buffer. e) Along the west side: a minimum 10-foot wide buffer for up to 100% of the landscape buffer. [12-CPS-01192/1211956/1]Words double underlined are added;Words struck-through are deleted [12-CPS-01192/1150329/1] Wilson Professional Center PUD PUDA-PL20120001128— 10/14/15 SECTION FIVE: Amendment to Section V, General Development Commitments, of the PUD Document attached to Ordinance No. 92-23, as Amended Section V, General Development Commitments, of the PUD Document attached to Ordinance No. 92-23, as amended, is hereby amended to read as follows: SECTION V GENERAL DEVELOPMENT COMMITMENTS * * * * * * 5.4 PUD MASTER DEVELOPMENT PLAN a. The PUD Master Plan attached hereto and incorporated herein as Exhibit"A" (Wilson, Miller, Barton, Soll & Peck, Inc., Drawing File NO. RZ 151A)is an illustrative preliminary development plan. * * * * * * 5.7 ENVIRONMENTAL CONSIDERATIONS * * * * * * e. As portrayed in the revised preliminary site plans dated July 7, 1987 March 1, 1989, as may be amended„-d-Dry retention/buffer areas surrounding the parcel will be an average of at least 36 feet in width. Final design of the dry retention/buffer areas should incorporate retention of the maximum amount of native vegetation possible, and final designs will be subject to the review and approval of the County Project Review Services Environmental staff. This condition is conceptually depicted as Preserve Areas on the PUD Master plan and shall satisfy all native vegetation retention requirements. SECTION SIX: Amendment to Exhibit "A", the PUD Master Plan, of the PUD Document attached to Ordinance No. 92-23, as Amended Exhibit "A", the PUD Master Plan, of the PUD Document attached to Ordinance No. 92- 23, as amended, is deleted in its entirety and is hereby replaced by Exhibit "A", attached hereto as Exhibit"B" and incorporated herein by reference. [12-CPS-01192/1211956/1]Words double underlined are added;Words struck through are deleted [12-CPS-01192/1150329/1] Wilson Professional Center PUD PUDA-PL20120001128— 10/14/15 SECTION SEVEN: Addition of Exhibit "B," the Communication Tower landscape buffer exhibit, to the PUD Document attached to Ordinance No. 92-23, as Amended Exhibit "B", the Communication Tower landscape buffer exhibit, attached hereto as Exhibit "C" and incorporated herein by reference, is hereby added to the PUD Document attached to Ordinance No. 92-23, as amended. SECTION EIGHT: Effective Date This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 13�° day of 0c-o r, 2015. ATTEST:. "rj— F."401 `, BOARD OF COUNTY COMMISSIONERS DWIGHT,p;.B'ROCK, eLERK COLLIER COUNTY, FLORIDA f) By - Alk, _ 4% By: / e",,a*c.e.... Attest as to Chairman.: DE" p'ty C; !i Tim Nance, Chairman signature only. ..' y.7 Approved as to form and legality: Ai- e- This ordinance filed with the Secretory of State's Off irn the J day ofOth eY, 21?I5__ pnd acknowledgement of that Scott A. Stone filing received this l L_ day Assistant County Attorney of 2Q1S . ►,, Attachment: Exhibit A—PUD Cover Page Exhibit B —Exhibit "A" PUD Master Plan Exhibit C -- Exhibit"B" Communication Tower landscape buffer exhibit [12-CPS-01192/1211956/1]Words double underlined are added; Words struck through are deleted [12-CPS-01192/1150329/1] Wilson Professional Center PUD PUDA-PL20120001128— 10/14/15 EXHIBIT A WILSON PROFESSIONAL CENTER A PLANNED UNIT DEVELOPMENT PUDA—PL-20120001128 8 Acres Located in Section 23, Township 49 South, Range 25 East, Collier County, Florida REVISED: APRIL 28, 1992 PREPARED BY: WILSON, MILLER, BARTON, & PEEK, INC. 3200 BAILEY LANE AT AIRPORT ROAD NAPLES, FLORIDA 33912 Lauralee G. Westine, Esq. Mattaniah S.Jahn, Esq. Law Office of Lauralee G.Westine, PA 800 Tarpon Woods Blvd.,Suite E-1 Palm Harbor, FL 34685 Date Reviewed by CCPC 4/2/92 Date Approved by BCC 4/28/92 Ordinance Number 92 23 Amendments and Repeal EXHIBIT"A" Words double underlined are added; Words struck through are deleted Exhibit B - _) BAILEY LANE 10' NATURAL VEGETATION BUFFER ,I-- r/ /-/-/: ,- /0//,44. r s ij, ,, ,,, ' r ' 2/ NATIVE VEGETATION PW' Ili /yi\_ PRESERVATION NATIVE VEGETATION NATIVE VEGETATION (VARIED WIDTH) (0.17 AC) PRESERVATION PRESERVATION (VARIED WIDTH) (VARIED WIDTH) 44 / (0.04 AC) (0.35 AC) t! 1 NATIVE VEGETATION 01 a ;/ PRESERVATION N (VARIED WIDTH) I 'A • NAPLES 1st CHURCH / (0.06 AC) I b NAZARENE INC / COLLIER COUNTY N ZONING: /7 D c, INSTITUTIONAL-CHURCHES ,'1 70 II -o BUILDING PARCEL A 70 O '0 D C z r Z w Ai C) m 0 0 v 120'-0"SBA /•1 lo.) \ N-) MONOPINE i I U Z i o PU // 0 D EA ie Boundary y —/.- a // X , Az OL" j / Q / z 0 v NATIVE VEGETATION PRESERVATION w Existing 6' Fence O (VARIED WIDTH) (0.82 AC) ct a with 5' Natural /,/ 4 Z Vegetation Buffer I /� / // �//// ///////// / // //� ONEILL PARTNERS DAVID F. EUGENE & YVETTE JOSEPH M TOBY USA MARTA HARDY SUSAN ADAMS LLC n THOMPSON DALETO COLLIER COUNTY TRUNCALLE COLLIER COUNTY COLLIER COUNTY COLLIER COUNTY COLLIER COUNTY a COLLIER COUNTY COLLIER COUNTY ZONING: MFL10 ZONING: MFL10 ZONING: MFL10 ZONING: MFL10 Z ZONING:MFL10 OR OR 4759 PG 1369 ZONING: MFL10 OR 4892 PG 1321 OR 4508 ZONING: MFL10 OR 4766 PG 375 1640 PG 457 OR 1366 PG 1286 PG 2025 OR 3484 PC 969 En '' 6 w „,9 1 SITE DATA 0 TOTAL SITE AREA: 8.13 AC w PRESERVE REQUIRED(3.4 X.15): 0.51 AC U PRESERVE PROVIDED: 1.31 AC 0 NOTE: 1 3 1. PRESERVES AREA ARE CONCEPTUALLY DEPICTED AND ARE GOVERNED BY SECTION 5.6(a). 4 M o J.R.EVANS ENGINEERING,P.A. WILSON PROFESSIONAL PROJECT#: 13414-1 o 23150 FASHION DRIVE,SUITE 242 FILE DATE: 7/2014 mmoimm N ESTERO,FLORIDA 33928 CENTER E PHONE:(239)405-9148 DESIGN BY: SCF 0 50' 100' a wwW.FAX:( 239)G 288-2537 G.COM MASTER CONCEPT PLAN SEC.23,TOWN. 49S,R.25E SCALE: 1” = 100' EXHIBIT A FL.COA#29226 SCALE: 1"=100' l Exhibit C . //I N iii/ , NAPLES 1st CHURCH NAZARENE INC / BUILDING COLLIER COUNTY ZONING: PARCEL A INSTITUTIONAL-CHURCHES OR 975 PG 656 PROPOSED Q '9 120'-0"SBA 7 m MONOPINE 1 N W a 0 N N C 0 co x cr ',i 0 PUD Boundary Deviation#4 seeks relief from the LDC Section 4.06.05.B.2.c.,"General Landscaping QRequirements,"which requires sites without native vegetation to have a 15-foot wide landscape buffer with minimum code size trees located 25 feet on center and a 3-foot 0 I high hedge planted 3 feet on center,to allow the following landscape buffer widths, graphically depicted hereto on Exhibit"B,"around the tower base: K w { A. Along the northeast side:a minimum 5-foot wide buffer for up to 50%of the z landscape buffer. 0 N B. Along the southeast side:a minimum 4-foot wide buffer for up to 50%of the 0 I ll landscape buffer. Cr o PRESERVE C. Along the southwest side:a minimum 0-foot wide buffer for up to 50%of the / landscape buffer. ,',' / D. Along the northwest side:a minimum 0-foot wide buffer for up to 25%of the / / landscape buffer. M / / / / / / , a / / ' /' E. Along the west side:a minimum 10-foot wide buffer for up to 100%of the z '' landscape buffer. / / / / / // / // / / / // / / ,/ /7 / /// / / / / / / / w w x 5 S 0 U S O S Cr _o J.R.EVANS ENGINEERING, P.A. WILSON PROFESSIONAL PROJECT#: 13414-1 23150 FASHION DRIVE,SUITE 242 FILE DATE: 4/2015 ■- � N ESTERO,FLORIDA 33928 CENTER ... o PHONE:(239)405-9148 DESIGN BY: SCF 0 25' 50' LLI FAX:(239)288-2537 SEC.23,TOWN. 495,R.25E a WWW.JREVANSENGINEERING.COM EXHIBIT B SCALE: 1" = 50' FL.COA#29226 SCALE: 1"=50' • 4- .,..e.„ e FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State October 19, 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. 15-54,which was filed in this office on October 19, 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.fl.us