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Ordinance 2022-05 ORDINANCE NO. 2022- 05 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO ST. MATTHEW'S HOUSE, AMENDING ORDINANCE NUMBER 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 THE DEVOE PONTIAC PLANNED UNIT DEVELOPMENT (PUD) AND THE GENERAL COMMERCIAL DISTRICT WITHIN THE MIXED USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT, (C-4-GTMUD-MXD) ZONING DISTRICT TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT WITHIN THE MIXED USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE OVERLAY (CPUD-GTMUD-MXD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE ST. MATTHEW'S HOUSE CPUD, TO ALLOW A 150 BED HOMELESS SHELTER AND UP TO 130,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF AIRPORT ROAD AND GLADES BOULEVARD IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 11.89+/- ACRES; AND PROVIDING FOR REPEAL OF ORDINANCE NO. 97-14, AS AMENDED, THE DEVOE PONTIAC PLANNED UNIT DEVELOPMENT AND RESOLUTION NO. 99-87 RELATING TO A CONDITIONAL USE FOR A HOMELESS SHELTER; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210000176] WHEREAS, on March 11, 1997, by Ordinance No. 97-14, the Board of County Commissioners created the DeVoe Pontiac PUD, which was subsequently amended by Resolution 99-87, Resolution No. 10-88, HEX Decision 2020-05 and HEX Decision 2020-29; and WHEREAS, St. Matthew's House, Inc., represented by Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property and repeal the DeVoe Pontiac PUD and conditional use for a homeless shelter. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [21-CPS-02108/1686259/1]144 St.Matthew's House\PL20210000176 1 of 2 12/7/21 SECTION ONE: The zoning classification of the herein described real property located in Section 12, Township 50 South, Range 25 East, Collier County, Florida, is changed from a Planned Unit Development (PUD) Zoning District and a General Commercial District within the Mixed Use Subdistrict of the Gateway Triangle Mixed Use Overlay (C-4-GTMUD-MXD) Zoning District to a Commercial Planned Unit Development within the Mixed Use Subdistrict of the Gateway Triangle Mixed Use Overlay (CPUD- GTMUD-MXD) for a 11.89± acre project to be known as St. Matthew's House CPUD, to allow a 150 bed homeless shelter and up to 130,000 square feet of commercial development 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 Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance No. 97-14, as amended, the DeVoe Pontiac CPUD, and Resolution 99-87, establishing a conditional use for a homeless shelter, are hereby repealed. SECTION THREE: 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 v1511' day of Jun LL `� , 2022. ATTEST! -` = BOARD OF CO • MISSIONERS CRYSTAL`;K. ERK COLLIER C '4 i*, FLORI I - Attest as to Chairman�,FDeuty lerk Willi. 'L. McDan e Jr., Chai an . gg� nature ppn . ` ' A prove P to form and 4ajt : eidi Ashton-Cicko Managing Assistant County Attorney Attachments: This ordinance filed with the Exhibit A-List of Permitted Uses Secretary of State's Office the Exhibit B - Development and Design Standards Imo+ day of 2022" Exhibit C -Master Concept Plan and acknowledgmet of that Exhibit D - Legal Description filen received this J!i _ day Exhibit E- Deviations of 2072 Exhibit F - Development Commitments By Deputy CI tt [21-CPS-02108/1686259/1]144 St.Matthew's House\PL20210000176 2 of 2 12/7/21 EXHIBIT A LIST OF PERMITTED USES Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the first Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 130,000 square feet of general commercial and office floor area, and up to 150 residential care or shelter beds on Tract A. All principal uses must be owned by a not-for-profit corporation. 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: Tract A: 1. All C-4, general commercial permitted uses; and 2. Individual and family social services (8322); excluding non-residential probation offices, refugee services, public defenders' and public prosecutors' offices, and public welfare centers; and 3. Job training (8331); and 4. Residential care, homeless shelter, group care facility with a maximum of 150 beds; and Tract B: 1. All C-4, general commercial permitted uses; and 2. Legal counsel and prosecution (9222); and 3. Used vehicle sales (5521); and 4. Boat dealers (5551). Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Caretakers' residence; and 2. Gardens; and 3. Indoor storage and warehousing; and 4. Play lots and outdoor recreational facilities; and 5. Self-help groups; and (St. Matthew's House CPUD PL20210000176) (January 27, 2022) Page 1 of 9 6. Refrigerated warehousing and storage warehousing (4222), cold or refrigerated only for a not- for profit food bank only and 4225). Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. C. Prohibited Uses: 1. Residential care, homeless shelters, group care facilities are prohibited on Tract B. (St. Matthew's House CPUD PL20210000176) (January 27, 2022) Page 2 of 9 EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in these development standard tables. 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. TABLE I DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH 150 Ft. N/A MINIMUM YARDS(External) From Glades Boulevard ROW 25 FEET 25 FEET From Airport Road ROW 25 FEET 25 FEET From Southern Project Boundary 15 FEET 10 FEET From Northern Project Boundary 50 FEET*** 15 FEET MINIMUM YARDS(Internal) Internal Drives/ROW 10 FEET 5 FEET Rear 10 FEET 5 FEET Side 10 FEET 5 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 15 Ft. or%sum of building heights* 10 FEET MAXIMUM HEIGHT Retail Buildings: zoned/actual 50 FEET/60 FEET 30 FEET/35 FEET Office Buildings:zoned/actual 50 FEET/60 FEET 30 FEET/35 FEET Shelter/Residential Care:zoned/actual 35 FEET/50 FEET 30 FEET/35 FEET MINIMUM FLOOR AREA 700 SQUARE FEET** N/A MAXIMUM GROSS AREA Retail/Office 130,000 SQUARE FEET N/A Shelter/Residential Care 150 beds N/A * Whichever is greater ** Per principal structure, on the finished first floor. ***Setback applicable to principal structures and additions to principal structures constructed after 1/25/2022. (St. Matthew's House CPUD PL20210000176) (January 27, 2022) Page 3 of 9 10'WIDE TYPED' 15'UE LANDSCCE BUFFER (OR 2150,PG 1100,PG 1103 AND PG 1105) a GLADES BOULEVARD ' I— E1 / / { ' / %/ I I ZONED:RMF-6 ' 4 ' A CT A 0 11 USE: MULTI-FAMILY RESIDENTIAL J, - a, _„,:. M - 15'WIDE TYPE'B' LANDSCAPE BUFFER 4 I JmL_ 15'WIDE TYPE E 1+1°•°°°•° m N LEGEND: 'D'LANDSCAPE W BUFFER /j WATER MANAGEMENT .°»° o / PROJECT "�1 ' \ BOUNDARY CONSERVATION •°° EASEMENT(OR 5699 PG 1 2572)0.29 AC./WATER ' 15'WIDE TYPE'B' MANAGEMENT r- LANDSCAPE BUFFER E. '�r w- PAVED AREAS . o E# EASEMENT(SEE NOTE SHEET) ZONED:DAVID A.GALLMAN1 DEVIATION ESTATE PUD � USE:MULTI-FAMILY RESIDENTIAL L ) ' . TRACT A t E9 E7 D - �B,`m� 0 FIB\ �`,\ /// `� GREAT BLUE DRIVE om ( ' E9 m IN TRACT B 4 iozEXISTING 10'WIDE TYPE :•• 4 p A 'A'LANDSCAPE BUFFER �. * -I (SDP 97-145) ,g v a ^ �' EXISTING 10'WIDE TYPEmomommx C + A'LANDSCAPE BUFFER ? q e (SDP 97-145) • �"�'i�0'44 15'WIDE TYPE I E 7' 15'WIDE TYPE'B' LANDSCAPE BUFFER f LANDSCAPE BUFFER / 4. ' ZONED:DAVID A. TRACT B GALLMAN ESTATE PUD ' ^ USE: MULTI-FAMILY RESIDENTIAL t / 1 I 1 /// // i 1 NO BUFFER REQUIRED(SDP 97-14511 ZONED:C-4-GTMUD-MXD AND COLLIER COUNTY GOVERNMENT CENTER PUD o 100' 200' USE:COMMERCIAL AND GOVERNMENTAL OFFICES SCALE: 1" = 200' WHEN PLOTTED @ 8.5"X 11" g ST. IIL1 TTHE IV'S HOUSE CPUD SCALE: CIGradyMinor Orfioiildy IBrand 400,1alDs.elgr JOB CODE: 31111I1 Flo Del kmela Springs.Florida sa 131 EXHIBIT C DAffi. MASTER PLAN -.,J Civil Engineers • Land Surveyors • Planners • Landscape Architects FILE NABS: n list.of loth.EB 0005151 Cert.o1 Aoth.I.If 1N10,-.1-,l Bu�loc+�I.0 21i00n260 P.0 AMER Ryyy OO Bonita Springs:239.917.1141 iia�./;I'a lit I/io,'I'.Ionl Fort Myers:239.690.4380 REVISED 10�25�2021 SHEET 1 OF 2 SITE SUMMARY TOTAL SITE AREA: 11.89±ACRES TRACT 'A': 2.34±ACRES TRACT 'B': 9.55±ACRES COMMERCIAL: MAXIMUM 130,000 S.F. HOMELESS SHELTER: MAXIMUM 150 BEDS (TO BE LOCATED ONLY ON TRACT A) OPEN SPACE: REQUIRED: 30% PROVIDED: 30% PRESERVE: REQUIRED: 0.29±ACRES (PER SDP 98-82, 2.90± ACRES X 10% = 0.29 ACRES) PROVIDED: 0.29±ACRES (CONSERVATION EASEMENT OR 5699 PG 2572) DEVIATIONS (SEE EXHIBIT E) 1 RELIEF FROM LDC SECTION 5.05.04.C, "GROUP HOUSING —TABLE OF SITE DESIGN STANDARDS FOR CATEGORY I AND CATEGORY II GROUP CARE FACILITIES" (TRACT A ONLY) RELIEF FROM LDC SECTION 4.06.02, "TABLE 2.4, TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS" EASEMENT INDEX: El — 30' UE/DE (OR 938 PG 1992), 30' INGRESS/EGRESS (OR 1178 PG 587, OR 1231 PG 2267 & OR 2 1188 PG 326) AND 5' UE/DE (OR 938 PG 1992) E2 — 10' UE (PB 10 PG 88 AND OR 1188 PG 326) E3 — 20' UE (OR 1181 PG 924 & OR 1188 PG 326) AND 20' DE (PB 10, PG 88) E4 — 10' UE (OR 2267 PG 23-31) E5 — 10' UE (OR 1172 PG 1559) E6 — 15' UE (OR 1401 PG 2166) E7 — 10' LBE(OR 2267 PG 21-22) E8 — 60' ACCESS (OR 2267 PG 15-16) E9 — SIGN/LANDSCAPE (OR 2267 PG 19-20) NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. SCALE. ST. ALI TTHE i1''S HOUSE CPUD C M GradyMinor ° :,,Iv A,IlomunM,.e01lalPn P, Da CDDE BIIIIO,Iv Ihl NoA Ftuiiiln GNriii. .f'in'da 3'i 13i E H B T _ DATE:nP MASTEF PLA 1 :.IOTES ARRIL mZ IVII I',Fl 11114.rti • Land SurN, rti • flan nets • Landscapee\rcllultclN FIIE NAME. f IA111 Fit 000 151 ril ol 1A111.II 151 Duque,I.r ZWIEN121,6 f4ll riq spP I„-e3Mm-IIII .<;,.,nv;,l,11 ronl r111u1. I L9n.911n.1as0 F EVI ED 12 14. 2021 SHE T 2 OF 2 EXHIBIT D LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND BEING THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2384, PAGE 2235, OFFICIAL RECORDS BOOK 4925, PAGE 857 AND LOT 1, BLOCK K, THE GLADES UNIT TWO, PLAT BOOK 10, PAGE 88, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK K, THE GLADES UNIT TWO, PLAT BOOK 10, PAGE 88, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE ALONG THE NORTH LINE OF SAID LOT 1, NORTH 89°41'00" EAST, A DISTANCE OF 400.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE EAST LINE OF SAID LOT 1, SOUTH 00°19'00" EAST, A DISTANCE OF 255.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE SOUTH LINE OF SAID LOT 1, SOUTH 89°41'00" WEST, A DISTANCE OF 200.00 FEET TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2384, PAGE 2235, OF SAID PUBLIC RECORDS;THENCE ALONG SAID BOUNDARY AND THE EXTENSION THEREOF, SOUTH 00°19'00" EAST, A DISTANCE OF 990.00 FEET TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4925, PAGE 857, OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES, 1) NORTH 89°41'00" EAST, A DISTANCE OF 460.00 FEET; 2)THENCE SOUTH 00°19'00" EAST,A DISTANCE OF 330.00 FEET; 3) THENCE SOUTH 89°41'00" WEST, A DISTANCE OF 660.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF AIRPORT PULLING ROAD;THENCE ALONG SAID RIGHT-OF-WAY, NORTH 00°19100" WEST, A DISTANCE OF 1,575.00 FEET TO THE POINT OF BEGINNING. CONTAINING 11.89 ACRES, MORE OR LESS. (St. Matthew's House CPUD PL20210000176) (January 27, 2022) Page 6 of 9 EXHIBIT E LIST OF DEVIATIONS Deviation #1: Relief from LDC Section 5.05.04.C, "Group Housing - Table of site design standards for category I and category II group care facilities", which requires a minimum habitable floor area (sq. ft.) for homeless shelters as 1,500 + 150 for each person over six to allow a minimum habitable floor area of 100 sq. ft. per bed with a maximum of 150 beds. On Tract A only. Deviation #2: Relief from LDC 4.06.02, "Table 2.4, Table of Buffer Requirements by Land Use Classifications", which requires a 10' Type A buffer to be provided between adjacent commercially zoned properties, to instead provide no buffer along the southern property boundary of the PUD. At the time of redevelopment of the • portion of the PUD adjacent to the southerly property boundary which impacts the existing paved parking area at the southern property line, a 10' wide Type A landscape buffer shall be provided. (St. Matthew's House CPUD PL20210000176) (January 27, 2022) Page 7 of 9 EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS PURPOSE: The purposed of this Section is to set forth the development commitments for the development of this project. GENERAL: A. 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 St. Matthew's House, Inc., 2001 Airport Road South, Naples, FL 34112. 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 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. B. 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." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. TRANSPORTATION: A. The maximum total daily trip generation for the PUD shall not exceed 534 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. ENVIRONMENTAL: A. Approximately 0.29±acres of native vegetation was retained as part of the initial property development (Devoe PUD Ordinance 97-14 and SDP 98-82). The 0.29± acres shall be deemed to meet the native vegetation requirements for the entire PUD. A total of 0.29 acres of native vegetation shall be retained on site (2.90 acres x.10 = 0.29 acres). (St. Matthew's House CPUD PL20210000176) (January 27, 2022) Page 8 of 9 PARKING: A. Required parking for Tract 'A' uses may be provided on Tract 'B' and must be reflected on a Site Development Plan to demonstrate that minimum required parking spaces are met for each use. LOADING/UNLOADING/HOURS OF OPERATION: A. Any new overhead doors will not face adjacent residential uses. B. Loading and unloading will be limited to between 7 am and 9 pm Monday through Saturday. C. No deliveries, loading or unloading by tractor trailers. UTILITY: A. At the time of Site Development Plan Amendment (SDPA) review for any portion of the project located south of Great Blue Drive as shown on the Master Plan and adjacent to Airport- Pulling Road right of way, the property owner shall coordinate with Collier County to determine whether a supplemental County Utility Easement (CUE) is necessary in order to facilitate the County's existing 8-inch sanitary sewer main located within the existing CUE, shown as E6 on the Master Plan. If it is determined by the County that additional CUE area is needed,the additional CUE may be located within the existing landscape buffer easement. All survey and title work shall be provided by Collier County. Any additional CUE shall be conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance at no additional cost to the County or District, free and clear of all liens and encumbrances, within six months of the effective date of the SDPA approval. LANDSCAPING/BUFFERING/FENCING/SECURITY: A. At the time of the issuance of any SDP or SDPA for Tract B, the owner will provide a 15' wide type 'B" landscape buffer along the PUD boundary adjacent to the David A. Gallman Estate PUD. B. At the time of the issuance of any development order to increase the number of beds on Tract A to greater than 104,the owner will install and thereafter maintain a minimum 6-foot-high security fence on Tract A of the PUD adjacent to the David A. Gallman Estate PUD, to connect to the existing wall on Tract B. C. Within six months of the approval of this PUD the owner will provide a fence consistent with the existing fence along the entire boundary adjacent to the David A. Gallman Estate PUD. D. Within six months of the approval of this PUD the owner will install,operate,and maintain security cameras and video feed directed at the property line(s) along adjacent residential uses. E. Within six months of the approval of this PUD the owner will provide/exchange (and update) 24-hour contact names, numbers, and contact information to and with the owner/manager of the adjacent apartment complex, including designations of a contact person to communicate and discuss issues of vagrancy and trespass. (St. Matthew's House CPUD PL20210000176) (January 27, 2022) Page 9 of 9 5�•iUlly f41....�x' Vv s'P FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State February 1, 2022 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. 2022-05, which was filed in this office on February 1, 2022. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270