Ordinance 2016-04 ORDINANCE NO. 16-0 4
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A)
ZONING DISTRICT WITH A MOBILE HOME OVERLAY (A-MHO) TO
A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT TO ALLOW UP TO 100,000 SQUARE FEET OF
COMMERCIAL USES FOR A PROJECT TO BE KNOWN AS
WESTCLOX 29 CPUD ON PROPERTY LOCATED AT THE
SOUTHWEST QUADRANT OF SR-29 AND WESTCLOX STREET IN
SECTION 29, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 9.5± ACRES; AND BY
PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20150000660)
WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A.
and D. Wayne Arnold of Q. Grady Minor and Associates, P.A., representing Barron Collier
Partnership, LLLP, petitioned the Board of County Commissioners to change the zoning
classification of the herein described property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Zoning Classification.
The zoning classification of the herein described real property located in Section 29,
Township 46 South, Range 29 East, Collier County, Florida is changed from an Agriculture (A)
zoning district with a Mobile Home Overlay (A-MHO) to a Commercial Planned Unit
Development (CPUD) for a 9.5± acre parcel to be known as Westclox 29 CPUD in accordance
with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate
zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier
County Land Development Code, is/are hereby amended accordingly.
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Westclox CPUD-PUDZ-PL20150000660
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CAC
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority rvote of the Board of County
Commissioners of Collier County, Florida, this Z3" day of f-b rt,L , 2016.
ATTEST: : BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLI R COUNTY, FLORIDA
it;e4c,
By 0A,I4 /�,
. °4. , By
"; .!l 1i;.' an's DONNA FIALA, Chairwoman
ic1t,.#:r*Only.
T
Approved as to form and legality:a ,,,,G
4 A , ,V-9
H idi Ashton-Cicko r\
Managing Assistant County Attorney
Attachments: Exhibit A—Permitted Uses
Exhibit B —Development Standards
Exhibit C —Master Plan
Exhibit D—Legal Description
Exhibit E—Deviations
Exhibit F—List of Developer Commitments
This ordinance filed with the
��g�ory, of te's Office tt►e
a `dz of �b� ��l
and ocknowledg�day
fill • stewed this ce
of ey rs- '
[15-CPS-01445/1233710/1] 78 Page 2 of2
Westclox CPUD-PUDZ-PL20150000660
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EXHIBIT A
FOR
WESTCLOX 29 CPUD
Regulations for development of the WESTCLOX 29 CPUD shall be in accordance with the
contents of this CPUD Document and applicable sections of the Land Development Code (LDC)
and Growth Management Plan (GMP) in effect at the time of issuance of each 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:
A maximum of 100,000 square feet of gross floor area shall be permitted within the CPUD. 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 (8721).
2. Adjustment and collection services (7322).
3. Advertising agencies (7311).
4. Animal specialty services, except veterinary (0752, excluding outside
kenneling).
5. Apparel and accessory stores (5611-5699).
6. Architectural services (8712).
7. Auditing (8721).
8. Auto and home supply stores (5531).
9. Automobile Parking, automobile parking garages and parking structures (7521
- shall not be construed to permit the activity of "tow-in parking lots").
10. Banks, credit unions and trusts (6011-6099).
11. Barber shops (7241, except for barber schools).
12. Beauty shops (7231, except for beauty schools).
13. Bookkeeping services (8721).
14. Business consulting services (8748).
15. Business credit institutions (6153-6159).
16. Child day care services (8351).
17. Churches.
18. Civic, social and fraternal associations (8641).
19. Commercial art and graphic design (7336).
Westclox 29 CPUD Exhibits Page 1 of 10 01/07/2016
20. Commercial photography (7335).
21. Computer and computer software stores (5734) with 5,000 square feet or less
of gross floor area in the principal structure.
22. Computer programming, data processing and other services (7371-7379).
23. Credit reporting services (7323).
24. Direct mail advertising services (7331).
25. Drug stores (5912).
26. Eating places (5812).
27. Educational plants.
28. Engineering services (8711).
29. Essential services, subject to section 2.01.03
30. Food stores (groups 5411-5499).
31. Funeral services (7261, except crematories).
32. Garment pressing, and agents for laundries and drycleaners (7212).
33. Gasoline service stations (5541, subject to section 5.05.05).
34. General merchandise stores (5331-5399).
35. Glass stores (5231).
36. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement
communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section
5.05.04
37. Hardware stores (5251).
38. Health services, offices and clinics (8011-8049).
39. Home furniture and furnishings stores (5712-5719).
40. Home health care services (8082).
41. Household appliance stores (5722).
42. Insurance carriers, agents and brokers (6311-6399, 6411).
43. Labor unions (8631).
44. Landscape architects, consulting and planning (0781).
45. Laundries and drycleaning, coin operated - self-service (7215).
46. Legal services (8111).
47. Libraries (8231).
48. Liquor stores (5921)
49. Loan brokers (6163).
50. Management services (8741 & 8742).
Westclox 29 CPUD Exhibits Page 2 of 10 01/07/2016
51. Membership organizations, miscellaneous (8699).
52. Mortgage bankers and loan correspondents (6162).
53. Musical instrument stores (5736).
54. Paint stores (5231).
55. Personal credit institutions (6141).
56. Personal services, miscellaneous (7299 - babysitting bureaus, clothing rental,
costume rental, dating service, debt counseling, depilatory salons, diet
workshops, dress suit rental, electrolysis, genealogical investigation service,
and hair removal only).
57. Photocopying and duplicating services (7334).
58. Photofinishing laboratories (7384).
59. Photographic studios, portrait (7221).
60. Physical fitness facilities (7991; 7911, except discotheques).
61. 71. Public administration (groups 9111-9199, 9229, 9311, 9411-9451,
9511-9532, 9611-9661).
62. Public relations services (8743).
63. Radio, television and consumer electronics stores (5731).
64. Radio, television and publishers advertising representatives (7313).
65. Real Estate (6531-6552).
66. Record and prerecorded tape stores (5735), excluding adult oriented sales and
rental.
67. Religious organizations (8661).
68. Repair services - miscellaneous (7629-7631, 7699 - bicycle repair, binocular
repair, camera repair, key duplicating, lawnmower repair, leather goods repair,
locksmith shop, picture framing, and pocketbook repair only).
69. Retail nurseries, lawn and garden supply stores (5261).
70. Retail services - miscellaneous (5921-5963 except pawnshops and building
materials, 5992-5999 except auction rooms, awning shops, gravestones, hot
tubs, monuments, swimming pools, tombstones and whirlpool baths).
71. Secretarial and court reporting services (7338).
72. Security and commodity brokers, dealer, exchanges and services (6211-6289).
73. Shoe repair shops and shoeshine parlors (7251).
74. Social services, individual and family (8322 activity centers, elderly or
handicapped only; day care centers, adult and handicapped only).
75. Surveying services (8713).
76.Tax return preparation services (7291).
77. Travel agencies (4724, no other transportation services).
78. United States Postal Service (4311, except major distribution center).
Westclox 29 CPUD Exhibits Page 3 of 10 01/07/2016
79. Veterinary services (0742, excluding outdoor kenneling).
80. Videotape rental (7841), excluding adult oriented sales and rental.
81. Wallpaper stores (5231).
82. 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 purely with activities conducted in an office.
83. Any other commercial use or professional service which is comparable in
nature with the foregoing uses, as determined by the Board of Zoning Appeals
("BZA") or the Hearing Examiner.
B. Accessory Uses/Structures:
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
1. Uses and structures that are accessory and incidental to the permitted
principal uses.
2. Drinking places (Group 5813), only in conjunction with eating places.
3. Caretaker's residence.
4. Sidewalk sales: outdoor seasonal sales shall be permitted (except roadside
sales).
DEVELOPMENT STANDARDS
Exhibits B 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 SDP or subdivision plat.
Except as provided for herein, all criteria set forth in Exhibit B, shall be understood to be in
relation to individual parcels or lot boundary lines.
Westclox 29 CPUD Exhibits Page 4 of 10 01/07/2016
EXHIBIT B
FOR
WESTCLOX 29 CPUD
DEVELOPMENT STANDARDS
STANDARDS COMMERCIAL
PRINCIPAL STRUCTURES
Minimum Lot Area 10,000 SF
Minimum Lot Width 100 feet
Minimum Lot Depth N/A
Minimum Front Yard Setback 25 feet
Minimum Side Yard Setback 25 feet
Minimum Rear Yard Setback 25 feet
Minimum Southern PUD Boundary Setback 50 feet
Maximum Height
Zoned 35 feet
Actual 50 feet
Minimum Distance Between Structures One-half the sum of each building height but not less
than twenty feet (20 feet)
Minimum Floor Area 1000 SF
ACCESSORY STRUCTURES1
Minimum Front Yard Setback 15 feet
Minimum Side Yard Setback 15 feet
Minimum Rear Yard Setback 25 feet
Minimum Southern PUD Boundary Setback2 50 feet
Minimum Distance Between Structures 10 feet
Maximum Height
Zoned 20 feet
Actual 25 feet
1 Except project signage which shall be in compliance with signage provisions of the LDC.
2 Parking, essential services, water management and non-vehicular pathways shall be
permitted within the 50-foot setback.
Westclox 29 CPUD Exhibits Page 5 of 10 01/07/2016 )
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EXHIBIT D
FOR
WESTCLOX 29 CPUD
LEGAL DESCRIPTION
A TRACT OF LAND BEING A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK
2493, PAGE 2779, LYING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 29 AS SHOWN ON THE WESTCLOX
STREET RIGHT-OF-WAY MAP, COLLIER COUNTY PROJECT NUMBER 69022; THENCE RUN SOUTH
89°15'42" WEST ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 100.00 FEET TO
THE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED;
THENCE CONTINUING ALONG SAID SOUTH SECTION LINE, SOUTH 89°15'42" WEST, A DISTANCE
OF 1001.87 FEET; THENCE LEAVING SAID SOUTH LINE, NORTH 00°38'40" WEST, A DISTANCE OF
556.47' TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WESTCLOX STREET, AS SHOWN
ON THE WESTCLOX STREET RIGHT-OF-WAY MAP, COLLIER COUNTY PROJECT NUMBER 69022;
THENCE SOUTH 70°13'29" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF WESTCLOX
STREET, A DISTANCE OF 261.28 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT;
THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE 648.65 FEET, ALONG THE ARC
OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1812.95 FEET, A DELTA ANGLE OF
20°29159", (CHORD BEARING SOUTH 80°28'28" EAST, A DISTANCE OF 645.20 FEET) TO A POINT;
THENCE NORTH 89°16'31" EAST, A DISTANCE OF 121.98 FEET TO THE INTERSECTION OF THE
SOUTH RIGHT-OF-WAY LINE OF WESTCLOX STREET AND THE WEST RIGHT-OF-WAY LINE OF
NORTH 15TH STREET (STATE ROAD 29), THENCE RUN ALONG SAID WEST RIGHT-OF-WAY LINE,
SOUTH 00°38'24" EAST, A DISTANCE OF 349.92 FEET TO THE POINT OF BEGINNING;
CONTAINING 9.50 ACRES, MORE OR LESS.
Westclox 29 CPUD Exhibits Page 7 of 10 01/07/2016
EXHIBIT E
FOR
WESTCLOX 29 CPUD
DEVIATIONS
1. From LDC Section 5.05.08.E.1.b.ii (b), Site Design Standards, which requires for corner lots,
no more than 80 percent of the off-street parking for the entire commercial building or
project shall be located between any primary facade of the commercial building or project
and the abutting street, with no single side to contain more than 65 percent of the
required parking, to permit 100% of the required parking to be permitted between the
primary facade and the road frontage.
Westclox 29 CPUD Exhibits Page 8 of 10 01/07/2016
EXHIBIT F
FOR
WESTCLOX 29 CPUD
LIST OF DEVELOPER COMMITMENTS
1. TRANSPORTATION
a. The owner or its successors or assigns, shall pay its proportionate share towards the
costs of the traffic signal and other pedestrian features, including but not limited to
sidewalks, cross walks, pedestrian signals and improvements for handicapped
accessibility, to be constructed at the intersection of SR29 and Westclox/New
Market Roads at the time the signal is installed.
b. The owner or its successors or assigns, at time of project construction, shall
construct all pedestrian facilities on the south and west sides of the intersection of
SR29 and Westclox/New Market Roads that accommodate pedestrian generated
trips associated with the project (excluding Pedestrian Signalized System), if such
facilities do not exist at time of SDP.
c. The owner at any time upon written request of FDOT shall provide up to 10' (ten)
feet of additional road right-of-way along the SR-29 frontage. The additional road
right-of-way shall be conveyed at no cost to the State or Collier County. Building
setbacks and landscape buffers along S.R. 29 shall be reduced by the width of the
right-of-way conveyed to the County or State per LDC Section 9.03.07 effective at
time of approval of this PUD. This requirement terminates upon completion of
FDOT's 90% construction plans for State Road 29 improvements, which is currently
in the project development and environment (PD&E) study stage.
d. The project shall be limited to a maximum of 599 two-way unadjusted PM peak hour
trips.
e. The Traffic Impact Statement submitted for the SDP shall include trip distribution
assignments for each project entrance shown on the SDP.
2. ENVIRONMENTAL
No native vegetation preserve shall be provided on-site. The developer shall meet
native vegetation preservation requirements by providing for off-site vegetation
retention pursuant to LDC Section 3.05.07.H.1.f. The off-site vegetation retention shall
be a minimum of 1.2± acres (8.26± acres of native vegetation x 0.15 = 1.2±acres).
3. PUD MONITORING
One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring
until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD
commitments until close-out of the PUD. At the time of this PUD approval, the
Managing Entity is Barron Collier Partnership, LLLP, 2600 Golden Gate Parkway, Suite
200, Naples, FL 34105. Should the Managing Entity desire to transfer the monitoring
Westclox 29 CPUD Exhibits Page 9 of 10 01/07/2016
and commitments to a successor entity, then it must provide a copy of a legally binding
document that needs to be approved for legal sufficiency by the County Attorney. After
such approval, the Managing Entity will be released of its obligations upon written
approval of the transfer by County staff, and the successor entity shall become the
Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall
provide written notice to County that includes an acknowledgement of the
commitments required by the PUD by the new owner and the new owner's agreement
to comply with the Commitments through the Managing Entity, but the Managing Entity
shall not be relieved of its responsibility under this Section. When the PUD is closed-
out, then the Managing Entity is no longer responsible for the monitoring and fulfillment
of PUD commitments.
4. MISCELLANEOUS
a. Issuance of a development permit by a county does not in any way create any rights
on the part of the applicant to obtain a permit from a state or federal agency and
does not create any liability on the part of the county for issuance of the permit if
the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a
state or federal agency or undertakes actions that result in a violation of state or
federal law.
b. All other applicable state or federal permits must be obtained before
commencement of the development
Westclox 29 CPUD Exhibits Page 10 of 10 01/07/2016
♦ 011 try
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
February 26, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples,Florida 34101-3044
Attention: Ann Jennejohn, BMR Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 16-04, which was filed in this office on February 26,
2016.
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