Ordinance 2003-47 ORDINANCE NO. 03-. _4_7
~AN ORDINANCE AMENDING ORDINk:q
~HE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH:.:7:-
_~/1NCLUDES THE COMPREHENSIVE ZONING REGULATIONS5
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,~.:::
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MA~'(-r
~MBERED 0511S BY CHANGING THE ZONINg:
CLASSIFICATION OF THE HEREIN DESCRIBED REA~:
PROPERTY FROM C-3 AND RMF-6 TO "PUD" FLANNED UNI~:~
DEVELOPMENT KNOWN AS THE MILLER SQUARE PUD. THI~m
PROJECT WILL CONSIST OF 19,000 SQUARE FEET OR LESS OF
RETAIL AND OFFICE COMMERCIAl 1JSES, LOCATED AT THE
NORTHEAST CORNER OF U.S. 41 ~ -~ST AND SHADOWLAWN
DRIVE IN SECTION 11, TOWNSHIP S0 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 1.9~ ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
AMENDING ORDINANCE NUMBER 91-102:-51'::
WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, PA, representing
Richard J. Santerre, Trustee, 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, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 11,
Township 50 South, Range 25 East, Collier County, Florida, is changed from "C-Y' and "RMF-6"
zoning classifications to "PUD" Planned Unit Development in accordance with the "Miller Square"
PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official
Zoning Atlas Map numbered 0511S, as described in Ordinance Number 91-102, the Collier County
Land Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall not become effective until the supporting small scale Growth
Management Plan Amendment becomes legally effective as provided by Subsection 163.3187(3)(a),
Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this '2~tt~day of ~~0.t' , 2003.
!
MazJori~'~J~. -tudent
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
TOM HENNING, CHAIRMAN
This ordtnonce flied with the
S~cretary of Stote'.s office
and acknowledgement of that
filin~ re~ed ~~ doy,
MILLER SQUARE
A
PLANNED UNIT DEVELOPMENT
Prepared For:
Richard J. Santerre, Trustee
500 Fifth Avenue South
Suite 522
Naples, Florida
Prepared By:
Richard D. Yovanovich
Goodlette, Coleman & Johnson, P.A.
4001 N. Tamiami Trail, Suite 300
Naples, Florida 34103
941 / 435-3535
and
D. Wayne Arnold, AICP
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
9-23-03
03-47
DOCUMENT DATE 9-17-02
REVISED 2-28-03
EXHIBIT "A"
Page I of 15
TABLE OF CONTENTS
SECTION
PAGE
TABLE OF CONTENTS & LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
I
II
III
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
PROJECT DEVELOPMENT REQUIREMENTS
COMMERCIAL DEVELOPMENT REGULATIONS
DEVELOPMENT COMMITMENTS
2
3
4
7
9
12
LIST OF EXHIBITS / ATTACHMENTS
EXHIBIT A Conceptual Master Plan
Page 2 of 15
STATEMENT OF COMPLIANCE
The development of approximately 1.9 acres of property in Collier County, as a Planned
Unit Development to be known as Miller Square, will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan
(GMP). The commercial improvements of Miller Square will be consistent with applicable
comprehensive planning objectives of each of the elements of the GMP for the following
reasons:
o
The subject property is partially within the boundaries of Mixed Use Activity
Center #16. Companion petition CPSS-2003-1, a small scale GMP amendment
petition, will add the balance of the property to this Activity Center. The Mixed
Use Activity Center Subdistrict allows the proposed commercial uses.
Development of commercial uses authorized by this PUD on the portion of the
site presently not within Activity Center #16 shall not be permitted until such time
as the companion GMP amendment petition is approved and is determined to be
legally effective, as provided by Subsection 163.3189(2)(a), Florida Statutes.
The site is within the Bayshore/Gateway Triangle Redevelopment Overlay. The
site is governed by the provisions of Future Land Use Element Designation
Description Section I.B.I., Mixed Use Activity Center Subdistrict, and the
Bayshore/Gateway Triangle Redevelopment Overlay. The Subdistrict and
Overlay permit commercial land uses in this area.
The project development is compatible and complimentary to surrounding land uses
as required in Policy 5.4 of the Future Land Use Element (FLUE).
The subject property's location in relation to existing or proposed community
facilities and services permits the development's commercial intensity as described
in Objective 2 of the FLUE.
The project will be served by a complete range of services and utilities as approved
by the County.
Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code (LDC) as set forth in Objective 3 of the
FLUE.
All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County LDC.
The project is compatible with adjacent land uses through the internal arrangement
of structures the placement of land use buffers, and the propoged development
standards contained herein.
Page 3 of 15
1.1
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL
DESCRIPTION
PURPOSE
1.2
The purpose of this Section is to set forth the location and ownership of the property,
and to describe the existing conditions of the property proposed to be developed
under the project name of the Miller Square PUD.
LEGAL DESCRIPTION
The subject property being.
PARCEL I:
LOTS 6 THROUGH 16, INCLUSWEK BLOCK E SHADOWLAWN AT
NAPLES, A SUBDWISION PER PLAT THEREOF AS RECORDED IN PLAT
BOOK 1, PAGE 37, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
AND
PARCEL II:
FROM OR BOOK 2714, PAGE 3375
LOT 17, LESS THE NORTH 11 FEET THEREOF, BLOCK E, SHADOWLAWN
AT NAPLES, A SUBDIVISION PER PLAT THEREOF AS RECORDED IN
PLAT BOOK 1, PAGE 37, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
LESS AND EXCEPT FROM PARCEL I THE FOLLOWING DESCRIBED
PROPERTY:
THOSE PORTIONS OF LOTS 10, 11, 12, 13, 14 AND 15, BLOCK "E",
SHADOWLAWN AT NAPLES, A SUBDIVISION IN SECTION 11, TOWNSHIP
50 SOUTH, RANGE 25 EAST, AS PER PLAT THEREOF RECORDED IN PLAT
BOOK 1, PAGE 37, PUBLIC RECORDS OF COLLIER COUNTY, FLORDA.
BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORHTWEST CORNER OF SAID LOT 15; THENCE
ALONG THE WEST LINE OF SAID LOT 15, SOUTH 00001'46'' EAST, 102.11
FEET (SHOULD READ 101.11 FEET) TO THE NORTHERLY EXISTING
RIGHT OF WAY LINE OF STATE ROAD 90 (U.S.41) (PER SECTION
Page 4 of 15
1.3
1.4
030102116) FOR A POINT OF BEGINNING; THENCE ALONG SAID WEST
LINE NORTH 00°01'46" WEST, 13.20 FEET (MEASURES 14.8'); THENCE
SOUTH 52°00'49" EAST, 316.85 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE TO
THE LEFT, HAVING A RADIUS OF 29.50 FEET, A CENTRAL ANGLE OF
41°51'23", AN ARC LENGTH OF 21.55 FEET, THE CHORD FOR WHICH
BEARS NORTH 76°52'24" EAST TO SAID NORTHERLY EXISTING RIGHT
OF WAY LINE AND THE END OF SAID CURVE AND TO A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE CONCAVE
NORTHERLY; THENCE ALONG SAID NORTHERLY EXISTING RIGHT OF
WAY LINE, THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS
OF 25.00 FEET, A CENTRAL ANGLE OF 117°08'25'', AN ARC LENGTH OF
51.11 FEET, A CENTRAL ANGLE OF 117°08'25'', AN ARC LENGTH OF 51.11
FEET, THE CHORD FOR WHICH BEARS SOUTH 69°24'59" WEST TO THE
END OF SAID CURVE; THENCE CONTINUE ALONG SAID NORTHERLY
EXISTING RIGHT OF WAY LINE NORTH 52°00'49" WEST, 280.01 FEET TO
THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, THENCE
CONTINUE ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE,
THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00
FEET, A CENTRAL ANGLE OF 51 °59'03", AN ARC LENGTH OF 22.68 FEET,
THE CHORD FOR WHICH BEARS NORTH 26°01'18" WEST, TO THE END
OF SAID CURVE AND THE POINT OF BEGINNING.
CONTAINING 82,489.814+ SQUARE FEET, OR 1.89 ACRES MORE OR I~ESS.
PROPERTY OWNERSHIP
The subject property is currently under the ownership and unified control of Richard
J. Santerre, Trustee, hereinafter called "applicant" or "developer"
GENERAL DESCRIPTION OF PROPERTY
The total site area is 1.9+_ acres and is located at the northeast comer of US
41 East and Shadowlawn Drive. This parcel is located within Section 11,
Township 50 South, Range 25 East, Collier County, Florida.
Bo
The zoning classification of the subject property prior to the date of this
approved PUD Document was Commercial Intermediate District (C-3) and
Residential Multifamily (RMF-6) District.
Page 5 of 15
1.5 PHYSICAL DESCRIPTION .
The subject property currently supports an abandoned roadside motel, associated
paved parking, sidewalks and landscaped areas. Improved site elevations generally
vary from 5.0 to 7.0 NGVD.
The entire site is located within the AE Elevation 8.00 foot Flood Zone designated
on Panel No. 120067 0394 D, Map Revision Date of June 3, 1986 of the FEMA
Firm Maps, 1986.
1.6 PROJECT DESCRIPTION
The proposed development has an area of 1.96 acres and was previously developed
as a motel which is presently abandoned. It is anticipated that the square footage of
the proposed development will be less than 19,000 square feet of commercial use.
The project will be compatible by design and selection of landscaping which shall be
complementary to median and roadway landscape design; and, subject to Division
2.8 of the LDC.
The development's primary access will be from Shadowlawn Drive. Additional
secondary and convenience access shall be from Bayside Drive. The parcel's
existing access from US 41 will be removed to improve transportation flow on this
major transportation facility.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Miller Square Planned Unit
Development Ordinance."
Page 6 of 15
SECTION II
PRO~ECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project's plan
of development and relationships to applicable County ordinances as well as other
project relationships.
2.2 GENERAL
Regulations for development of the Miller Square PUD shall be in
accordance with the contents of this Document, PUD-Planned Unit
Development District, and other applicable sections and parts of the Collier
County LDC and the GMP in effect at the time of issuance of any
development order, which authorizes the construction of improvements to
which said regulations relate. Where the regulations of this PUD Document
fail to provide developmental standards, then the provisions of the most
similar district in the County LDC shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County LDC in effect at the time of
building permit application.
Division 3.3, Site Development Plans, of the Collier County LDC shall
apply to the Miller Square PUD, except for exemptions set forth herein or
otherwise granted pursuant to the Collier County LDC, Section 3.3.
Unless modified, waived or excepted by this PUD Document or associated
exhibits, the applicable provisions of other sections of the LDC remain in
full force and effect with respect to the development of the land which
comprises this PUD.
Development permitted by the approval of this petition which exceeds the
intensity of the existing uses on the property will be subject to a concurrency
review under the provisions of Division 3.15, Adequate Public Facilities of
the LDC. Development equal to or less than the intensity of the existing uses
on the property shall be considered vested for purposes of concurrency
review.
Page 7 of 15
2.3
2.4
DEVELOPMENT SCHEDULE
The completion of improvements to the property should occur within three (3) years.
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
2.5
Amendments may be made to the PUD as provided in Section 2.7.3.5. of the LDC.
EXCEPTIONS TO DEVELOPMENT STANDARDS
An exception from Section 2.4.7.4 of the LDC which requires a 20-foot wide
Type "D" right-of-way buffer within Activity Centers. A 15-foot wide Type
"D" buffer adjacent to Shadowlawn Drive shall be required instead of the
20-foot wide buffer required by Section 2.4.7.4. of the LDC.
Only building faqades facing Shadowlawn Drive and US 41 are required to
meet the building orientation requirements of Subsection 2.8.4.4.2. of the
LDC.
Page 8 of 15
3.1
3.2
SECTION III
COMMERCIAL "C" DEVELOPMENT REGULATIONS
PURPOSE
The purpose of this Section is to identify specific development standards for the
Miller Square PUD.
USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or use, or land used,
in whole or in part, for other than the following:
A. Principal Uses:
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Apparel and accessory stores (5611-5699).
Bank and other financial institutions and services (6021 - 6062, 6162
6163, 6211).
Business and professional services (6311 - 6399, 6411, 6531, 6541,
6552, 7311 - 7342, 7371 - 7342, 7371 - 7379, 7382, 7384).
Drug Stores (5912).
Food stores (5411 - 5499).
General merchandise (5311 - 5399).
Health Services (8011 - 8049).
Home and office furniture and equipment stores (5712 - 5736).
Membership organizations (8611 - 8699).
Miscellaneous repair services (7622-7699).
Miscellaneous retail services (5932 - 5949, 5992 - 5999).
Personal services (7212, 7221, 7231, 7241, 7291).
Retail nursery and garden supply stories (5261).
Restaurants and other eating places (5812).
Travel agencies (4724).
Videotape rental (7841).
Any other commercial use or professional service which is
comparable in nature with the foregoing uses and which the Board of
Zoning Appeals determines to be compatible in the District.
Page 9 of 15
3.3
3.4
3.5
Bo
Accessory Uses:
Uses and structures that are accessory and incidental to uses
permitted as of right.
Essential services as defined by Section 2.6.9.1 of the Collier County
LDC, including interim and permanent utility and maintenance
facilities.
DEVELOPMENT STANDARDS
C.
D.
E.
Setbacks:
1. External property lines
2. Internal property lines
3. From internal vehicular
interconnect or ingress/
egress easement
Maximum height:
Minimum lot width:
Minimum lot area:
Minimum distance between structures:
25 feet
0 or 7.5 feet
5 feet
45 feet
75 feet
10,000 feet
15 feet
OFF-STREET PARKING AND LOADING REQUIREMENTS
As required by Division 2.3 of the LDC in effect at the time of building permit
application.
LANDSCAPING AND BUFFERING REQUIREMENTS
A 20-foot wide Type D buffer along all external public rights-of-way, except
as permitted in Subsection 2.5.A. of the Miller Square PUD, which permits a
15-foot wide buffer along Shadowlawn Drive.
Bo
A 15-foot wide Type B buffer with integrated 6-foot high concrete
component wall along the parcel's north property line.
Page I 0 of 15
Along the Bayside Street right-of-way frontage, no wail shail be required
within the 20-foot wide Type "D" buffer. A hedge, 36 inches in height at
time of planting, shail be installed and maintained at a minimum height of 36
inches.
3.6 ARCHITECTURAL STANDARDS
All buildings, lighting, signage, and landscaping shail be architecturaily and
aestheticaily unified and shail have an Old Florida or Mediterranean Theme. All
pole lighting shail be shielded from adjacent public rights-of-way and residentiai
areas. Poles and fixtures shail be limited to a maximum height of 20 feet. All uses
shall be subject to the provisions of Division 2.8, Architecturai and Site Design
Standards and Guidelines for Commerciai Buildings and Projects, of the Collier
.County LDC, except that only two building sides shall be required to meet the
building orientation standards of Section 2.8.4.4.2 of the LDC.
3.7 SIGNAGE
The project shail be entitled to one ground sign fronting on Shadowlawn Drive and
one ground sign fronting on US 41. Additionaily, directory signage may be
provided should the parcel be developed with multiple tenants, consistent with the
provisions set forth in the LDC for directory signs. Ail other signage provisions
shall be in accordance with Division 2.5 of the Collier County LDC in effect at the
time of SDP approval.
Page 11 of 15
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2 GENERAL
All facilities shall be constructed in accordance with the site development plans,
final subdivision plats and all applicable state and local laws, codes and
regulations applicable to this PUD.
Except where specifically noted or stated otherwise, the standards and
specifications of Division 3.2 of the Collier County LDC, shall apply to this
project even if the land within the PUD is not to be platted. The developer, its
successors and assigns, shall be responsible for the commitments outlined in this
Document.
The developer, its successor or assignee, shall 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, any successor or
assignee in title is bound by the commitments within this Document.
4.3 PUD MASTER PLAN
Exhibit "A", PUD Master Plan, illustrates the proposed development and
is conceptual in nature. Proposed tract or special land use boundaries shall
not be construed to be final and may be varied at any subsequent approval
phase such as at final platting or SDP application, subject to the provisions
of the LDC, as it may be amended.
Bo
All necessary easements, dedications, or other instruments shall be granted
to ensure the continued operation and maintenance of all service utilities
and all common areas in the project.
Page 12 of 15
4.4 MONITORING REPORT AND SUNSET PROVISIONS
The Miller Square PUD shall be subject to the time limits of Section
2.7.3.4 of the LDC.
Monitoring Report: An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County LDC. An affidavit of the
owner of the property within the PUD shall be submitted with the report
stating that the contents of the report are true and correct.
4.5 TRANSPORTATION
mo
All traffic control devices used shall be in accordance with the traffic
control standards, as amended, and as adopted by the Florida Department
of Transportation (FDOT), as required by Florida Statutes - Chapter 316
Uniform Traffic Control Law.
Bo
All traffic speed limit postings shall be in accordance with the Speed
Zoning Manual, as amended, and as adopted by the Florida Department of
Transportation ('FDOT), as required by Florida Statutes -Chapter 316,
Uniform Traffic Control Law.
Co
Arterial level street lighting shall be provided at all development points of
ingress and egress. Said lighting must be in place prior to the issuance of
the first permanent certificate of occupancy (CO).
External and internal improvements determined by Collier County
Transportation Staff to be essential to the safe ingress and egress to the
development shall not be considered for impact fee credits.
Road impact fees shall be paid in accordance with the applicable Collier
County Ordinances.
Any and all points of ingress and/or egress as shown on any and all plan
submittal(s) are conceptual in nature and subject to change as determined
by Collier County Transportation Staff. The County reserves the right to
modify or close any ingress and/or egress location(s) determined to have
an adverse effect on the health, safety and welfare of the public. These
include, but are not limited to, safety concerns, operational circulation
issues and roadway capacity problems.
G°
Any and all median opening locations shall be in accordance with the
Collier County Access Management Policy, as amended, and LDC, as
Page 13 of 15
Ho
Jo
L°
amended. Median access and control will remain under the County's
authority. The County reserves the right to modify or close any median
opening(s) determined to have an adverse effect on the health, safety and
welfare of the public. These include, but are not limited to, safety
concerns, operational circulation issues and roadway capacity problems.
Nothing in any development order shall vest the right of access over and
above a right in/right out condition. Neither will the existence of, nor lack
of, a future median opening be the basis for any future cause of action for
damages against the County by the developer(s), its successor(s) in title, or
assignee(s).
The development shall be designed to promote the safe travel of all users
including pedestrians and bicyclists. Pedestrian and bicycle travel ways
shall be separated from vehicular traffic areas in accordance with
recognized standards and safe practices as determined by Collier County
Transportation Staff.
The developer(s) shall provide any and all site related transportation
improvement(s) including, but not limited to, any and all necessary turn
lane(s) improvement(s) at the development entrance(s) prior to the
issuance of the first permanent CO. Said improvements are considered
site related, and therefore, do not qualify for impact fee credits. When
said turn lane improvement(s), whether left turn lane(s) and/or right turn
lane(s), are determined to be necessary, right-of-way and/or compensating
right-of-way, will be provided in conjunction with said improvement(s), as
determined by Collier County Transportation Staff.
All work within Collier County rights-of-way shall meet the requirements
of the Collier County Right-of-Way Ordinance.
All internal access(es), drive aisles and sidewalk(s) not located within the
County right-of-way shall be privately maintained by an entity created by
the developer(s), its successor(s) in title, or assignee(s).
Mo
No
Prior to SDP approval; the SDP shall show a 24-foot wide public vehicular
interconnection between Bayside Drive and Shadowlawn Drive. The
developer(s), its successor(s) in title, or assignee(s) shall ensure that this
interconnection shall be open and available for public use in perpetuity
and shall meet the access and design requirements of the Collier County
Transportation Services Division.
At the time of SDP approval, turn-lane improvements on Shadowlawn
Drive shall be shown on the detailed engineering plans and shall address
Page 14 of 15
appropriate left-turn and fight-turn lane improvements at the project
entrance, as well as the addition of a separate southbound right turn lane
on Shadowlawn Drive at U.S. 41. Due to the existing right-of-way
constraints, no compensating right-of-way for these improvements shall be
required by Collier County.
Appropriate signage shall be placed at project exits on Bayside Drive to
indicate to motorists that Bayside Drive is not a through street.
Page 15 of 15
':1^1~(] 30 ISAVI::I
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EXHIBIT "A"
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2003-47
Which was adopted by the Board of County Commissioners
on the 23rd day of September, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of September, 2003.
DWIGHT E. BROCK~ '' %-..
Clerk of Courts'and Clerk
Ex-officio to Boardof
County Commissioners
By:
Patricia
Deputy Clerk