Loading...
Ordinance 2018-49 ORDINANCE NO. 18- 4 9 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 A RESIDENTIAL SINGLE FAMILY (RSF-3) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS SEED TO TABLE CPUD TO ALLOW OFFSITE EMPLOYEE PARKING FOR THE SEED TO TABLE COMMERCIAL DEVELOPMENT IN THE CARLTON LAKES PLANNED UNIT DEVELOPMENT AND TO ALLOW COLLIER AREA TRANSIT (CAT) PARK & RIDE AND COUNTY UTILITY FACILITIES, AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY CONSISTS OF 6.82± ACRES AND IS LOCATED NORTH OF THE TERMINUS OF PIPER BOULEVARD AT THE NORTHWEST CORNER OF THE INTERSECTION OF LIVINGSTON ROAD AND IMMOKALEE ROAD, IN SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. [PL20170003766] WHEREAS, Robert Mulhere, FAICP of Hole Montes, Inc. and Rich Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A representing Oakes Farm, Inc., 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: The zoning classification of the herein described real property located in Section 24, Township 48 South, Range 25 East, Collier County, Florida is changed from a Residential Single Family (RSF-3) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 6.82+/- acre project to be known as the Seed to Table CPUD to allow offsite employee parking for the Seed to Table commercial development in the Carlton Lakes Planned Unit Development and to allow CAT park & ride and County utility facilities in accordance with [18-CPS-01758/1430133/1] 101 Seed to Table CPUD PUDZ-PL20170003766 8/20/18 1 of 2 the CPUD Documents, attached hereto as Exhibits "A" through "F" and incorporated herein by reference. 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. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 18- 1-6 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,thisc2511-day of ct°p r-1!at , 2018. ATTEST: BOARD OF :UNTY COMMI SIONERS CRYSTAL K. KINZEL, CLERK COLLIE' 0 ► Y, FLO By: 01. U By , A 'Attest as to Cha ' "'!'''_u'�+j Clerk ANDY SOLIS, Chairman signature App ved as to form and legality: H idi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A-Permitted Uses Exhibit B-Development Standards Exhibit C-Master Plan Exhibit D-Legal Description Exhibit E-List of Deviations Exhibit F-Developer Commitments This ordinance filed with the ecctary of tat ` Cffiiss the day of _, v ,41614, and acknowtedgementA that filig eceived day of -_•4r- t 411 [18-CPS-01758/1430133/1] 101 By `"', Seed to Table CPUD m PUDZ-PL20170003766 %t- 8/20/18 2 of 2 _ d5 W ✓l. ,� i EXHIBIT A SEED TO TABLE CPUD LIST OF PERMITTED USES PERMITTED USES: TRACT P—Parking: 1. Principal Uses A. Public parking for users of the Collier Area Transit (CAT) Park and Ride program. B. Parking only for employees of the commercial development located to the east across Livingston Road in the Carlton Lakes PUD. No LDC required parking spaces for the commercial development in the Carlton Lakes PUD or any other off-site use are permitted. 2. Accessory Uses A. Customary accessory uses and structures including fences, landscaping, lighting, transit shelters or shade structures, parking attendant structure, and stormwater facilities. TRACT U—Collier County Utility Site: 1. Principal Uses A. Collier County Utility Facilities and Services, subject to LDC Section 5.05.12, Specific Standards for Public Utility Ancillary Systems in Collier County, as applicable. 2. Accessory Uses A. Customary accessory uses and structures including fences, landscaping, lighting, and stormwater facilities, and other accessory uses set forth in and subject to LDC Section 5.05.12, Specific Standards for Public Utility Ancillary Systems in Collier County, as applicable. Page 1 of 9 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\0968JYUR\Seed to Table (PUDZ-PL20170003766) Post CCPC Clean (8-17-2018).docx EXHIBT B SEED TO TABLE CPUD DEVELOPMENT AND DESIGN STANDARDS Tract P— Parking Lot: The following development and design standards shall apply to the parking facilities developed within Tract P. A. The site will be designed to allow Collier Area Transit (CAT) buses to enter and exit the parking lot. If the CAT bus enters the parking lot from Piper Boulevard, it will enter the parking lot through Tract U. The Piper Boulevard access to the parking area will be controlled with a gate system. Only CAT vehicles, County utility vehicles, FPL utility vehicles, and emergency vehicles will be able to access the parking area through Tract U. The CAT buses will circulate to the north end of the parking lot where the park and ride pick-up is located. The buses will then exit turning right onto Livingston Road southbound. B. A pedestrian sidewalk shall be provided from the southern facing portion of the parking lot, along Piper Boulevard to the existing pedestrian cross-walk located at Livingston Road and Immokalee Road. This pedestrian sidewalk shall be included in and constructed as part of the SDP for the parking lot. C. Six foot (6') tall perimeter walls shall be installed by Oakes Farms, Inc. within the landscape buffer along the parking lot perimeter boundaries surrounding the parking lot area, with openings or gate access for vehicular and pedestrian access. These perimeter walls shall be included in and installed as part of the SDP for the parking lot. D. An enhanced 15-foot wide type "D" landscape buffer shall be installed by Oakes Farms, Inc. abutting to and east of the perimeter fence along Livingston Road. This enhanced buffer shall include the LDC required Type landscape buffer planting requirements, except that a double hedgerow no less than 5 feet in height at time of planting and 6 feet in height within one year shall be planted. Oakes Farms, Inc. will maintain the plantings at such height. All other perimeter buffers shall be the type identified on Exhibit "C" PUD Master Plan. All required landscaping shall be included in and installed as part of the SDP improvements for the parking lot. E. Except as described on this Exhibit"C", no vertical structures are permitted on Parcel "P" other than a CAT bus shelter, a shuttle bus and call station, a structure for a parking lot attendant, lighting and shade structures approved by Collier County. F. The parking lot shall not be used by customers of the commercial development to the east across Livingston Road in the Carlton Lakes PUD. Page 2 of 9 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\0968JYUR\Seed to Table (PUDZ-PL20170003766) Post CCPC Clean (8-17-2018).docx G. The site will not be used for truck or tractor trailer unloading or parking, deliveries, vendor parking, offsite storage or overnight parking H. The parking lot shall include 24 spaces for CAT Park and Ride. I. Setbacks and Maximum Building Height: (1) Principal Structures: There are no permitted principal structures in the parking lot (Parcel "P"). (2) Accessory Structures: Accessory Structures shall be set back a minimum of 15 feet from all Perimeter PUD boundaries, excluding fences and walls, which are not subject to a setback, and lighting structures which shall be setback at least 10 feet from the perimeter boundary. (3) Maximum Height: i. Transit shelters and shade and parking lot attendant structures, as allowed by FPL, not to exceed 20 feet, measured from finished grade. ii. Fences or walls shall not exceed 6 feet and are subject to LDC Section 5.03.02.F. iii. Lighting structures as allowed by FPL, not to exceed 20 feet, measured from finished grade. Tract U—Utilities The following development and design standards shall apply to development within Tract U: A. The site shall be designed by Oakes Farms, Inc. to allow gated access from Piper Boulveard with ingress and egress limited to Collier County, FPL, and emergency vehicles. The site shall be designed to maintain County and FPL access to the adjacent undeveloped parcel owned by Collier County and to the FPL transmission station on the western PUD boundary. B. Setbacks and Maximum Building Height: As set forth in LDC Section 5.05.12 - Specific Standards for Public Utility Ancillary Systems in Collier County. Page 3 of 9 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\0968JYUR\Seed to Table (PUDZ-PL20170003766) Post CCPC Clean (8-17-2018).docx t FUTURE LAND USE: < 4 0 I I ePuRAE LAND USE: NORTH URBAN RESIDENTIAL SUBDISTRICT b ' URBAN RESIDENTIAL ZONING:RSF-3 "y° SUBDISTRICT / ` EXISTING LAND USE:EFL EASEMENT E-Ga ,ty ZONING:A IP' , EXISTING LAND USE: .A.T UTILITY/ICON W �`� EPL PATROL P .; t PARKIN() I"�*• MPL EE& ROAD \ TO REMAIN �Rrr A.T. CLEAR r •PARK' . r=A A i r NTR C.EXIT • 10 SPACES EDETRIAN ___.----t— FUTURE LAND USE: URBAN RESIDENTIAL DEDICATED T CC S, - SUBDISTRICT PUBLIC) ^. —DRY— �" ZONING:RSF-3 '^—� r P FUTURE LANO USE. - TW�- TSS URBAN RESIDENTIAL EXISTING LAND USE: r TYPE" UNDEVELOPED * BUFFS SUBDISTRICT 14 SPACES ^ ^ ^ ZONING PUD DEDICATED 1 0 EXISTING LAND USE: C.A.T ea. .C—'0. -1 ! 4 SINGLE-FAMILY (PUBLIC) r ---7 r RESIDENTIAL • f".-- • CARLTON LAKES 4'WIrENINGOF fl c.. it i EXITING SIDEWALK 7 PL EASEM N T r + TO 10 WIDTH FOR FPL EASEMENT �: 4,t'• LIVINGSTON FUTURE LAND USE: • PARCEL"P" - • I�g MULTI-USE URBAN RESIDENTIAL .W I it . SUBDISTRICT ■ C PATHWAY ZONING:RSF 3 �_ _ EXISTING LAND USE: - II CAR_TON 1:KES BOULEVARD SINGLE-FAMILY RESIDENTIAL , r WILLOUGHBY ACRES iI ! 1 EMPLOYEE 4 CiOs'-"Ar \ Qtwo; i,: ........ i li FUTURE LAND USE: 15' • - Z URBAN RESIDENTIAL SUBDISTRICT TYPE'S .a = 0 III ZONING:RSF3 BUFFER " 1 4 I FUTURE LAND USE: EXISTING LAND USE: -� i x! k URBAN RESIDENTIAL FPL TRANSMISSION STATION • • / SUBDISTRICT FPL ACCESS ONLY r ' ,- u.Er > 3 j ZONING:Pili? )Ry ©� , , ; EXISTING LAND USE: INTERNAL 0fiJNTIU6 i SEED TO TABLE TRACT LINE " I SUPERMARKET F -- "__--ter • <, 1 (PROPERTY • ,F-„"' EXIST.FPL + SPLIT i .. ".'.,_. ..+,•'"'" ( --- =I i� TRANSMISSION' BOUNDARY( Y C Q. I j STATION ---"\—' BOUNDARY) FPL KCCESS-RD, ' ` ' ' ! r 1 ( rARKING AREA 1 f� P�..� FUTURE LAND USE: ■ s 0 URBAN RESIDEP}TIAL � SUBDISTRICT I ZONING: RSF-3 I XISTJC.C. t Q = EXISTING LAND USE: NIR (PUMP 11 PARCEL"V" I I COLLIER COUNTY ATI$N UTILITY SII I FPL PAT OL R-AD PUMP STATION ( L_--i 'Cm. TO REMAIN C R PIPER BOULEVARD,60' R. .W. .,..- __.. _ — t _ —_ __ _FPL&COUNTY D"R NMADGE ACCESS ONLY EASEMENT 1000' " •ilU '4 Ce OHATCHEE RIVER CANAL ITO BE GATED) I _. --w - ----�- ------ �-°--- IMMOKALEE ROAD � lb N • E N I X SEED TO TABLE CPUD SHUT TITLE MMIBMTC „ S aCIInTf$ ( *- T'L4"RlG?w. IT- EXHIBITC }� w,'.n , i,t,x,� . ' MASTER PLAN CPUD 1 OF 2 NAPLES OL.4119 MASTER NAPLES,FL.34115 PLAN Page 4 of 9 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\0968JYUR\Seed to Table (PUDZ-PL20170003766) Post CCPC Clean (8-17-2018).docx LAND USE SUMMARY ACRES PERCENTAGE OF SITE IMPERVIOUS 3 24 47,5% PROPOSED PAVEMENT,&SIDEWALKS 2.98 43.7% EXISTING PAVEMENT 0.20 2.9% EXISTING BUILDING 0.06 0.9% PERVIOUS 3,58 52.5% OPEN SPACE 1.90 27.9% DRY DETENTION 1.68 24.6% TOTAL AREA 6.82 100% -LAND USE LEGEND PARCEL P PARCEL U TOTAL OPEN SPACE/PRESERVE 0.74 AC 1.16 AC 1.90 AC WATER MANAGEMENT 1.68 AC 0.00 AC 1.68 AC BUILDING 0.00 AC 0.06 AC 0.06 AC PARKING/PAVEMENT/SIDEWALKS 2.98 AC 0.20 AC 3.18 AC TOTAL AREA 5.40 AC 1.42AC 6.82 AC ZONING CURRENT ZONING RSF-3 PROPOSED ZONING CPUD • GENERAL NOTES 1. 4/-6.33 ACRES OF SITE IS WITHIN A FLORIDA POWER&LIGHT EASEMENT,AND WILL REQUIRE APPROVAL OF FPI.PRIOR TO SDP. 2. NO LDC REQUIRED PARKING SPACES FOR THE COMMERCIAL DEVELOPMENTIN THE CARLTON LAKES PUD OR ANY OTHER OFF-SITE USE ARE PERMITTED IN THIS PUD 3. NO PRESERVE IS REQUIRED FOR TI-IE PROPOSED PLAN DEVELOPMENT(PER LDC 3.05.07E3.21 • • LEGEND REVISIONS * DATE REVISIONS 411, WATER MANAGEMENT 1 5/14/2018 PER COLLIER COUNTY COMMENTS DRY DETENTION VEHICULAR ACCESS 2 6/21/2018 PER COLLIER COUNTY COMMENTS 3 7/5/2018 PER COLLIER COUNTY COMMENTS CPUD BOUNDARY 4 8/15/2018 PER COLLIER COUNTY COMMENTS {PROPERTY BOUNDARY) 5 8/16/2018 PER COLLIER COUNTY COMMENTS II-11 IC) E NJ 1 X SEED TO TABLE CPUD tSHEET TITLE \ MIMIC ASS+0C A LUS C,U it C,FCIDIS. I 1.4 C. EXHIBIT C MASTER PLAN CPUD 2 OF 2 t IONOSTON ROM) NAPILS, 1,411',t MASTER PLAN co IER COUR:R1 Page 5 of 9 CAUsers\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\0968JYUR\Seed to Table (PUDZ-PL20170003766) Post CCPC Clean (8-17-2018).docx \ • EXHIBIT D SEED TO TABLE CPUD LEGAL DESCRPTION A PARCEL OF LAND LYING IN THAT PART OF THE EAST ONE-HALF (E 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 'A) OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24, RUN N 00°15'36" W ALONG THE EAST LINE OF SAID SECTION 24 FOR 100.14 FEET TO AN INTERSECTION WITH THE EASTERLY PROLONGATION OF THE NORTH LINE OF A ONE HUNDRED (100) FOOT WIDE CANAL RIGHT-OF-WAY; THENCE ALONG SAID LINE S 89°13'47" W 275.01 FEET TO AN INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WEST RIGHT-OF-WAY LINE OF LIVINGSTON ROAD; THENCE ALONG SAID LINE N 00°15'36" W FOR 60.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE N 00°15'36" W FOR 1,172.96 FEET TO THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTHEAST ONE-QUARTER(SE 1/4) OF SAID SECTION 24; THENCE ALONG SAID NORTH LINE S 89°06'35" W FOR A DISTANCE OF 235.01 FEET; THENCE S 00°15'36" E FOR A DISTANCE OF 997.40 FEET TO THE NORTHEAST CORNER OF THOSE RECORDED IN O.R. BOOK 1682, PAGE 1092 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID LANDS S 89°14'38" W FOR A DISTANCE OF 122.53 FEET TO THE NORTHWEST CORNER OF SAID LANDS; THENCE ALONG THE WEST LINE OF SAID LANDS S 00°14'31" E FOR A DISTANCE OF 175.01 FEET TO THE SOUTHWEST CORNER OF SAID LANDS; Page 6 of 9 C:\Users\lcathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\0968JYUR\Seed to Table (PUDZ-PL20170003766) Post CCPC Clean (8-17-2018).docx THENCE ALONG THE SOUTH LINE OF SAID LANDS N 89°13'47" E FOR A DISTANCE OF 122.59 FEET TO THE SOUTHEAST CORNER OF SAID LANDS; THENCE CONTINUE N 89°13'47" E FOR A DISTANCE OF 235.00 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBES APPROXIMATELY 297,015 SQUARE FEET OR 6.82 ACRES OF LAND. Page 7 of 9 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\0968JYUR\Seed to Table (PUDZ-PL20170003766) Post CCPC Clean (8-17-2018).docx �`4C? EXHIBIT E SEED TO TABLE CPUD LIST OF DEVIATIONS FROM LDC Deviation No. 1 A deviation from the LDC Section 4.06.05. Plant Material Standards, Subsection D.2. Trees and Palms, which requires all new code required trees to be ten feet in height and all new trees to have a mature height of 15 feet to allow for trees to have a lower height, not to exceed a mature height of 14, consistent with an approved landscape plan by FPL and Collier County. At time of planting the minimum height shall be 8 feet. Deviation No. 2 A deviation from LDC 4.06.05.B.4. Public Utilities Ancillary System, which established required landscaping including screening and buffering surrounding public utilities ancillary system, to waive the required screening/buffering at the north perimeter boundary of Tract U between the Parcel U and Parcel P. Page 8 of 9 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\0968JYUR\Seed to Table (PUDZ-PL20170003766) Post CCPC Clean (8-17-2018).docx EXHIBIT F SEED TO TABLE CPUD DEVELOPMENT COMMITMENTS 1. 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 CPUD. At the time of this PUD approval, the Managing Entity is Oakes Farm, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, 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 CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the CPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. The SDP for Tract P shall include design measures, such as landscaping, fencing, lighting, and signage to discourage pedestrians from crossing Livingston Road, except at the designated and properly marked crosswalk located at Livingston Road and Immokalee Road. 3. All required stormwater retention for the PUD shall occur on Parcel "P". 4. As part of the development of the parking lot, Oakes Farms, Inc. shall widen the existing sidewalk along the PUD's Livingston Road frontage to create a 10 foot wide multi-use pathway along Livingston Road. 5. Oaks Farms, Inc. shall install security cameras, in locations along the perimeter of the parking area, sufficient to monitor activities in the parking lot between the hours of 10:00 PM and 6:00 AM. 6. Oakes Farms, Inc. shall provide a shuttle bus and call station for employee transportation from the parking facility to the grocery store provided within the Carlton Lakes PUD. 7. Shifts changes for employees using the parking lot shall not occur between 6:00 AM and 8:00 AM or 4:00 PM and 6:00 PM. 8. Special events are prohibited on Tract P. Page 9 of 9 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\0968JYUR\Seed to Table (PUDZ-PL20170003766) Post CCPC Clean (8-17-2018).docx tic T FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State 1 September 26, 2018 i Ms. Crystal K. Kinzel, Interim Clerk Collier County Post Office Box 413044 Naples,Florida 34101-3044 Attention: Ann Jennejohn Dear Ms. Kinzel: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-49, which was filed in this office on September 26, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us