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Ordinance 2021-26 ORDINANCE NO. 21 - 2 6 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 02-51, THE LAWMETKA PLAZA PLANNED UNIT DEVELOPMENT BY ADDING A THIRD ACCESS DRIVE ON WIGGINS PASS ROAD FOR DELIVERY VEHICLES; BY MODIFYING THE TRANSPORTATION COMMITMENT FOR TURN LANES; AND ADDING DEVIATIONS FOR ADDITIONAL SIGNAGE AND A REDUCTION TO A LANDSCAPE BUFFER; BY REVISING THE MASTER PLAN, AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 34+/- ACRES, IS LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD (CR 888) AND TAMIAMI TRAIL NORTH (US 41), IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. IPL201900014891 WHEREAS, on October 8, 2002, the Board of County Commissioners approved Ordinance No. 2002-51, which established the Lawmetka Plaza Planned Unit Development (PUD); and WHEREAS, Kellie Clark PE of Kimley Horn & Associates, Inc. representing Benderson Properties, Inc. fka Benderson Development Company, Inc. and WR-1 Associates, Ltd., petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2002-51, the Lawmetka Plaza PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to Section II, of the Planned Unit Development Document attached to Ordinance No. 2002-51, Lawmetka Plaza PUD. Section II of the PUD Document attached to Ordinance No. 2002-51 is hereby amended to read as follows: [19-CPS-01959/1640070/1]210 Lawmetka Plaza Words underlined are added;words struck through are deleted. Page 1 of 5 PL20190001489 6/8/21 SECTION II Property Ownership, Legal Description Short Title and Statement of Unified Control 2.1 Property Ownership The subject property is currently under the ownership of Benderson Company Properties, Inc. and WR-I Associates, LTD. ***** 2.3 General Description of Property ***** Physical Description The site is generally flat and naturally drains to the east and west. Access to the property will be via few five entrances, two on U.S. 41 and two three from Wiggins Pass Road. A Wetland Preserve Area, comprising 8.5 acres, is located along the western portion of the property. The flood elevation of the subject property is AE 11. ***** SECTION TWO: Amendment to Section IV of the Planned Unit Development Document, attached to Ordinance No. 2002-51, Lawmetka Plaza PUD. Section IV of the PUD Document attached to Ordinance No. 2002-51 is hereby amended to read as follows: SECTION IV General Development Regulations ***** 4.14 Signs All signage shall be in conformance with Division 2.5 of the LDC except as provided in Section XI; and: • ; however, Platted interior tracts are permitted two (2) ground signs at the tract entrance, not to exceed a total of one hundred and twenty (120) feet at each tract entrance. ***** [19-CPS-01959/1640070/1]210 Lawmetka Plaza Words underlined are added;words struck through are deleted. Page 2 of 5 PL20190001489 6/8/21 4.16 Landscaping All landscaping shall be in conformance with Section division 2.1 4.06 of the LDC except as provided in Section XI. ***** SECTION THREE: Amendment to Section V of the Planned Unit Development Document, attached to Ordinance No. 2002-51, Lawmetka Plaza PUD. Section V of the PUD Document attached to Ordinance No. 2002-51 is hereby amended to read as follows: SECTION V Permitted Uses and Dimensional Standards for Tracts A and B ***** 5.6 Dimensional Requirements ***** G. Minimum Landscaping Requirements As required by Section Division 24 4.06 of the LDC except as provided in Section XI. ***** SECTION FOUR: Amendment to Section VIII of the Planned Unit Development Document, attached to Ordinance No. 2002-51, Lawmetka Plaza PUD. Section VIII of the PUD Document attached to Ordinance No. 2002-51 is hereby amended to read as follows: SECTION VIII Transportation Requirements ***** 8.2 The developer shall provide left and right turn lanes on Wiggins Pass Road at the project's two entrances middle entrance and eastern access drive no later than 24 months after the Lawmetka Plaza PUDA (Application/Petition. No. PL20190001489) is approved for the first structure requiring access from Wiggins Pass Road. The eastern most entrance shall be a right-in / right-out drive only. Concurrent with the right turn lane construction, developer will also install a permanent traffic separator in the median to prevent left turns into and out of the site at the eastern most entrance. The western most entrance shall be limited to service vehicle and delivery vehicle use only and will be a [19-CPS-01959/1640070/1]210 Lawmetka Plaza Words underlined are added;words struckare deleted. Page 3 of 5 PL20190001489 6/8/21 full access drive. Collier County reserves the right to install, modify, or close medians in its sole discretion in the exercise of its police power based on road safety and capacity. ***** SECTION FIVE: Amendment to Section XI of the Planned Unit Development Document, attached to Ordinance No. 2002-51, Lawmetka Plaza PUD. Section XI of the PUD Document attached to Ordinance No. 2002-51 is hereby added to read as follows: SECTION XI Deviations 11.1 Deviation #1 seeks relief from LDC Section 5.06.04.F.3, "Directory Signs", which permits one directory sign at one entrance on each public street, to allow for three directory signs to be permitted, one at the entrance along US 41, one at the eastern entrance along Wiggins Pass Road, and one at the intersection of Wiggins Pass Road and US 41. 11.2 Deviation #2 seeks relief from LDC Section 4.06.02 C.4., "Type D Buffer," which requires that developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20-feet in width regardless of the width of the right-of-way, to allow for a minimum 10-foot wide enhanced Type D Buffer in the portion of buffer on the south boundary along Wiggins Pass Road between US 41 and the project's middle access drive. The buffer will consist of: 1. One tree or palm equivalent spaced 25 feet on center in addition to the minimum number of trees required to meet the Type D buffer requirement. 2. Trees shall be a minimum height of 15 feet. 3. Shrubs shall be a minimum height of 30 inches. SECTION SIX: Amendment to PUD Master Plan, Exhibit A, of the Planned Unit Development Document, attached to Ordinance No. 2002-51, Lawmetka Plaza PUD. Exhibit A, PUD Master Plan, is hereby deleted in its entirety and replaced with Exhibit A attached hereto and incorporated herein. SECTION SEVEN: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [19-CPS-01959/1640070/11210 Lawmetka Plaza Words underlined are added;words struck through are deleted. 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Ap h. m co z C I+ M If I+ it A PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this 134"' day of IA I, , 2021 . ATTEST: BOARD OF COUNTY COMMISSIONERS CRyWL I . KINZEL, CLERK COLL R UNTY, FLORIDA • BY. N Qr �� 4-0C._ By: `7)kttest`aSt4, n,..,�: Jerk Penny ylor, Chai an Approved as`to form and legality: OUL �. HFAC Heidi Ashton-Cicko 6-8-21 Managing Assistant County Attorney Exhibit A—Revised PUD Master Plan This ardhvance flied with the Mof 's (�f ''�`th�e, of . )I.9 and acknowledgement that filltart iyed this ri y of J .a 04. . By it _ . ;e�til `. [19-CPS-0 1 95 9/1 640070/1]210 Lawmetka Plaza Words underlined are added;words struck through are deleted. Page 5 of 5 PL20190001489 6/8/21 FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State July 20, 2021 Ms. Martha Vergara, BMR& VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-26, which was filed in this office on July 20, 2021. Sincerely, Anya Grosenbaugh Program Administrator AG/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270