Ordinance 2008-05
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ORDINANCE NO. 08-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES 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 DESCRlliED REAL PROPERTY FROM AN
ESTATES (E) ZONING DISTRICT TO A MIXED USE
PLANNED UNIT DEVELOPMENT (MPUD) ZONING
DISTRICT FOR THE CHESTNUT PLACE MPUD TO
ALLOW A MAXIMUM OF 24,000 SQUARE FEET OF
PERMITTED COMMERCIAL USE FLOOR AREA
WITH A MIXTURE OF RETAIL AND OFFICE USES,
AND A MAXIMUM OF 6,000 SQUARE FEET OF
FLOOR AREA FOR CHURCH AND/OR DAY CARE
FACILITIES AS CONDITIONAL USES, ON
PROPERTY LOCATED ON IMMOKALEE ROAD (CR
846) AND EVERGLADES BOULEVARD, IN SECTION
29, TOWNSHIP 47 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA CONSISTING OF
6.01+/- ACRES; AND BY PROVIDING AN EFFECTIVE
DATE.
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WHEREAS, William Hoover of Hoover Planning and Development, Inc., and Richard
Yovanovich, Esq., of Goodlette, Coleman and Johnson, P.A., representing Chestnut Ridge, LLC,
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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 29,
Township 47 South, Range 28 East, Collier County, Florida, is changed from an Estates (E)
Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the
Chestnut Place MPUD in accordance with Exhibits A through E, 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:
This Ordinance shall become effective upon filing with the Department of State.
Page I of2
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this Jq+h day of .Janu.4(~_, 2008.
ATTEST:
DWIG T E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Approved as to form
and legal sufficiency:
)rlfJ,.A~'11.un.~-~
Marjori . Student-Stirling
Assistant County Attorney
Exhibit A - List of Allowable Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - List of Developer Commitments
Page 2 of 2
This ordinance filed with the
S31~ary of ~e's Office the
~ day of A:Vl, 'l.oa'n
a,nd acknowledgement af thot
filIng received this &, ~d
of kfo l..Q:2- ay
BuJlu ~ lib&. sAr-, ~
D~puty Clerk
EXHIBIT "Au
COMMERCIAL AND INSTITUTIONAL TRACTS PLAN
LIST OF ALLOWABLE USES
1, PURPOSE
The purpose of this Section is to identify specific development standards for the
Commercial Tract and Institutional Tract as shown on Exhibit "C" MPUD Master
Plan,
2, GENERAL DESCRIPTION
The MPUD Master Plan is intended to provide for both commercial and
institutional land uses. The Commercial Tract designated on Tract 113 on the
MPUD Master Plan is intended to provide retail and/or office uses limited to a
floor area of 24,000 square feet. All commercial areas shall be developed with a
common architectural theme that includes buildings and signs, The Institutional
Tract designated on Tract 114 on the MPUD Master Plan is intended to provide
child care and/or church uses limited to a floor area of 6,000 square feet.
3. PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Princioal Uses and Structures on Commercial Tract 113:
(1) Apparel and accessory stores (groups 5611 - 5661),
(2) Automobile supply stores (group 5531 but only the sale of new auto
supplies and no on-site installation).
(3) Business services (groups 7311, 7334 - 7336, 7377, 7378, 7384).
(4) Child care centers (group 8351),
(5) Churches (group 8661),
(6) Depository institutions (groups 6021-6062).
(7) Eating places (group 5812 except for restaurants with a drive-
through facility are not permitted), Consumption of alcoholic
beverages on premises shall be subject to requirements of the
LDC).
(8) Engineering, accounting, and bookkeeping services (groups 8711 -
8721,8748).
(9) Food stores (groups 5411 including convenience stores with
gasoline pumps, 5421 - 5499).
(10) Gasoline service stations (group 5541 but excluding sales of diesel
fuel to heavy trucks over 1 ton rated capacity).
(11) General merchandise stores (group 5399),
(12) Hardware supplies (groups 5231 - 5251),
(13) Health services (groups 8011 - 8049),
(14) Home furniture, furnishings and equipment stores (groups 5714,
5719, 5734 - 5736).
(15) Insurance carriers, agents, and brokers (groups 6211, 6311 - 6399,
6411).
(16) Legal services (group 8111),
(17) Miscellaneous retail (groups 5912, 5941 - 5949, 5992),
(18) Motion pictures (groups 7832 but only in conjunction with a sit-
down restaurant),
(19) Personal services (groups 7212,7221 - 7251,7291),
(20) Physical fitness facilities (group 7991),
(21) Real estate (groups 6531,6541),
(22) United States Postal Service (group 4311 except major distribution
center) ,
(23) Veterinary services (group 0742 for household pets only and no
outside kenneling or overnight boarding),
(24) Any other commercial use allowed in the C-1, C-2, or C-3 zoning
districts, and not prohibited in Section 3.D" that is deemed
appropriate by the Board of Zoning Appeals,
B, Accessorv Uses:
Uses and structures that are accessory and incidental to the Permitted
Uses within this MPUD Ordinance for each respective Tract depicted on
the MPUD Master Plan, except drive-through facilities which shall be
limited only to banks on the Commercial Tract with a maximum of three
(3) drive-through lanes per bank,
C, Conditional Uses on Institutional Tract 114 (Uses are Permitted in Golden
Gate Area Master Plan as Conditional Uses):
(1) Churches (group 8661),
(2) Child care centers (group 8351),
D, Prohibited Uses:
(1) Drinking places (group 5813) and liquor stores (group 5921).
(2) Mail order houses (group 5961) and merchandising machine
operators (group 5962).
(3) Power laundries (group 7211) and funeral service and crematories
(group 7261),
(4) Radio and television representatives (group 7313) and direct mail
advertising services (group 7331).
(5) Amusement and recreation services (group 7999),
(6) General, specialty, and psychiatric hospitals (groups 8062, 8063,
8069).
(7) Educational services (groups 8211 - 8231),
(8) Correctional institutions (group 9223).
(9) Environmental resource and solid waste management (group
9511),
(10) Homeless shelters and soup kitchens,
(11) Refuse systems, including hazardous materials (group 4953),
EXHIBIT "B"
DEVELOPMENT STANDARDS
TABLE I
DEVELOPMENT STANDARDS FOR COMMERCIAL AND INSTITUTIONAL TRACTS
MINIMUM LOT AREA
MINIMUM LOT WIDTH
MINIMUM YARDS (External)
From Everglades Blvd, ROW
From Immokalee Road ROW
From other MPUD Boundaries
MINIMUM YARDS (Internal)
Side Yard Setback
Rear Yard Setback
MINIMUM DISTANCE BETWEEN STRUCTURES
MAXIMUM HEIGHT
MINIMUM FLOOR AREA
PRINCIPAL USES
10,000 Sq, FI.
100 Feet
25 Feet
25 Feet
25 Feet
15 Feet
15 Feet
15 Feet
35 Feet and Limited to
only 1 Story
700 Sq. Ft.*
'Per principal structure on the finished first floor.
SPS = Same as Principal Structure
ROW = Right-of-Way
ACCESSORY USES
Not Applicable
Not Applicable
SPS
SPS
SPS
10 Feet
10 Feet
10 Feet
35 Feet
Not Applicable
Table I above sets forth the development standards for land uses within the Chestnut
Place MPUD. Standards not specifically set forth herein shall be those specified in
applicable sections of the Land Development Code (LDC) in effect as of the date of
approval of the site development plan or subdivision plat.
Development of The Chestnut Place MPUD shall be in accordance with the contents of
this Ordinance and applicable sections of the LDC and Growth Management Plan
(GMP) in effect at the time of issuance of any development order, such as, but not
limited to, final subdivision plat, final site development plan, excavation permit, and
preliminary work authorization, to which such regulations relate, Where these
regulations fail to provide developmental standards, then the provisions of the most
similar district in the LDC shall apply,
EXHIBIT "e"
MPUD MASTER PLAN
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EXHIBIT "D"
LEGAL DESCRIPTION
The subject property being 6,01 acres, is comprised of two contiguous parcels,
and is located in Section 29, Township 47 South, and Range 28 East. The legal
description of the subject property is Tracts 113 and 114, Golden Gate Estates
Unit 46, as recorded in Plat Book 7, Page 31 of the Public Records of Collier
County, Florida,
EXHIBIT "E"
LIST OF DEVELOPER COMMITMENTS
1, UTILITIES
The project shall utilize well and septic systems until it is within an authorized
water and sewer service area and central water and sewer services are
available,
2. TRANSPORTATION
A. All traffic control devices, signs, pavement marking, and design criteria
shall be in accordance with the Florida Department of Transportation
(FDOT) Manual of Uniform Minimum Standards (MUMS), current edition,
FDOT Design Standards, current edition, and the Manual On Uniform
Traffic Control Devices (MUTCD), current edition,
B, Arterial level street lighting shall be provided at all access points, Access
lighting shall be in place prior to the issuance of the first certificate of
occupancy (CO),
C, Access points shown on the MPUD Master Plan are considered to be
conceptual, The number of access points constructed may be less than
the number depicted on the Master Plan; however, no additional access
points shall be considered unless a PUD amendment is approved.
D, Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to
commencement of on-site construction, Since both Everglades Boulevard
widening and Immokalee Road widening are in the Long Range
Transportation Plan, but are not in the 5 year work program (at the time of
adoption of this MPUD), this site shall be required to install a minimum 50-
foot radius at each right-in access to this site, Payment in lieu (PIL) for
required turn lanes has been supported by the TIS and is recommended
by Staff, and as such shall be a requirement of this MPUD, The amount of
PlL shall be negotiated by the developer and the County at the
appropriate design phase of adjacent roadway improvements, Upon the
County's approval of the amount of the PIL, the developer, his
successors, or assigns shall pay this sum within 90 days of the County's
request for the PIL. The schedule for negotiations is dependent upon the
programmed construction schedule of adjacent roadways.
E. Nothing in any development order (DO) shall vest a right of access in
excess of a right-in/right-out condition at any access point. Neither shall
the existence of a point of ingress, a point of egress, or a median opening,
nor the lack thereof, be the basis for any future cause of action for
damages against the County by the developer, its successor in title, or
assignee, Collier County reserves the right to close any median opening
existing at any time which is found to be adverse to the health, safety, and
welfare of the public. Any such modifications shall be based on, but not
limited to, safety, operational circulation, and roadway capacity.
F, If any required turn lane improvement requires the use of any existing
County rights-of-way or easement(s), then a compensating right-of-way or
easement shall be provided at no cost to Collier County as a
consequence of such improvement(s) upon final approval of the turn lane
design during the review of the first subsequent development order
application, The typical cross-section may not differ from the existing
roadway unless approved, in writing, by the Transportation Division
Administrator, or his designee,
G, If, in the sole opinion of Collier County, traffic signal(s), other traffic control
devices, signs, pavement marking improvements within a public right-of-
way or easement, or site-related improvements (as opposed to system
related improvements) necessary for safe ingress and egress to this
project, as determined by Collier County, are determined to be necessary,
the cost of such improvement shall be the responsibility of the developer,
its successors or assigns, The improvements shall be paid for or
installed, at the County's discretion, prior to the issuance of the
appropriate corresponding CO,
H, The additional right-of-way shown on the MPUD Master Plan shall be
dedicated on a plat or conveyed in fee simple by deed at no cost to Collier
County within 180 days of approval of the Chestnut Place MPUD, More
specifically, this additional right-of-way shall be 50 feet in width along the
project's entire frontage along the Everglades Boulevard right-of-way and
39 feet in width along the project's entire frontage along the Immokalee
Road right-of-way,
3, ENVIRONMENTAL
A minimum of 0,61 acres (15% of the 4.06 acres of native vegetation on site)
shall be required to be retained or replanted,
4, PLANNING
A. Prior to developing the Commercial Tract or the Institutional Tract the
developer shall have made provisions for shared parking between the 2
tracts, The developer of the Commercial Tract shall also cooperate in
providing for shared parking with the abutting parcel owner to the south
once that parcel is rezoned and during the County permitting process,
B, A functional public open-space component shall be provided, Such public
open-space shall be developed as green space within a pedestrian-
accessible courtyard, as per the LDC, in effect at the time of this MPUD
approval date,
C, All buildings shall have tile roofs, "Old Florida" style metal roofs, or
decorative parapet walls above the roofline, All of the buildings and signs
shall have a similar architectural style and be finished in light, subdued
colors, except for decorative trim, Bank drive-through facilities shall be
architecturally integrated with the bank building,
D. Pedestrian traffic shall be encouraged through the placement of
sidewalks, pedestrian walkways, and marked crosswalks within parking
areas. Walkways or courtyards shall connect adjacent buildings, Adjacent
projects shall coordinate placement of sidewalks so that a continuous
pathway through the Neighborhood Center shall be created,
E. Trash receptacles shall be screened on three (3) sides by a six (6) to eight
(8) foot high opaque masonry wall or fence with an opaque gate on the
remaining side for access,
F, All lighting facilities shall be architecturally-designed, and shall be limited
to a maximum height of twenty-five (25) feet. Such lighting facilities shall
be shielded from neighboring residential land uses,
(1) Where a street lamp is required, it shall be of the high pressure
sodium type and have a "cobra head with flat bottom" style or be
fully shielded so that light is directed only downward, Street lamps
shall be mounted on a wood pole at a height and wattage
recommended by the appropriate electric utility and as appropriate
for a rural area,
(2) Parking lot lamps shall be low-pressure sodium type lamps and
shall be mounted so that they point downward without direct rays
extending past the parking lot, building entrance, walkway or other
area intended to be illuminated,
(3) Where lighting of any recreational area is required, such lighting
structure shall be mounted so as to focus illumination on the area
intended to be illuminated, and to limit the amount of light that
extends outside that area,
5, LANDSCAPING AND BUFFERING
A, A twenty-five (25)-foot wide buffer shall be provided along both
Everglades Boulevard and Immokalee Road. This buffer shall contain two
(2) staggered rows of trees that shall be spaced no more than thirty (30)
feet on center, and a double row hedge at least two (2) feet in height at
time of planting and attaining a minimum of three (3) feet in height within
one (1) year. A minimum of fifty (50) percent of the twenty-five (25)-foot
wide buffer area shall be comprised of a meandering bed of shrubs and
ground covers other than grass. Existing native trees shall be retained
within this twenty-five (25)-foot wide buffer area to aid in achieving this
buffer requirement; other existing native vegetation shall be retained,
where possible, to aid in achieving this buffer requirement. Water
retention/detention areas shall be allowed in this buffer area if left in its
natural state, and drainage conveyance through the buffer area shall be
allowed, if necessary, to reach an external outfall.
B, Where this MPUD directly abuts residential property zoned E-Estates
outside the Neighborhood Center and without an approved conditional
use, a minimum seventy-five (75) foot buffer shall be provided in which no
parking uses are permitted, Twenty-five (25) feet of the width of the buffer
along the developed area shall be a landscape buffer, A minimum of fifty
(50) feet of the buffer width shall consist of retained native vegetation and
shall be consistent with the LDC, The native vegetation retention area
may consist of a perimeter berm, Any newly constructed berm shall be re-
vegetated consistent with the LDC,
C. If a fence or wall is constructed between abutting commercial and
residential uses on the Commercial Tract (Tract 113), it shall be
constructed on the commercial side of the required landscape buffer and
shall not exceed a height of five feet. Walls shall be constructed of brick or
stone, Fences shall be of wood or concrete post or rail types, and shall be
open design (not covered by slats, boards or wires). A six foot high
wooden fence shall be constructed within the eastern 75-foot buffer of the
Institutional Tract (Tract 114) at the time of the creation of this 75-foot
buffer along the eastern boundary of the Institutional Tract.
D, Proposed Land Development Code Amendment 2007 (as revised on
November 6, 2007), Cycle 2, Subsection 10,02,03.A.5, Paragraphs a, b,
c, and d, relating to non-compatible uses, attached hereto and
incorporated by reference herein as Exhibit "E-1 ", shall apply to the
subject property, and shall be enforced as written,
EXHIBIT "E-1"
PROPOSED LAND DEVELOPMENT CODE AMENDMENT 2007
Non-compatible uses, It is recoonized that there are uses and accessory
uses which. because of their verv nature. have characteristics that do not
meet the compatibilitv criteria of this ordinance and thus adverselv impact
adlacent areas. Seecial reoulation of these uses is necessary to ensure
that these adverse impacts will not contribute to the bliahtino and
downoradino of the surroundino neiohborhood,
a, Within 15 days from submittal of any site development plan. it
shall be within the discretion of the County Manaoer or desianee
to refuse aooroval of such site development plan if it includes a
use that. in the professional iudoment of the County Manaoer or
desionee. is not compatible with and has the potential to cause a
deleterious effect upon an adiacent neiohborhood,
b, Notice of such refusal shall be promptlv mailed to the applicant for
the site development plan. Aoplicant and staff will meet at their
earliest convenience to discuss and attemot to amicablv resolve
the comoatlbilitv issues. which can Include. but Is not limited to.
movino the ouestioned use to another location within the
development.
c, Should the parties be unable to reach an amicable solution. the
matter will be promotlv referred to the Collier Countv Planning
Commission, At a oubliclv noticed hearino. the Plan nino
Commission will review the oroposed use make a findino as to (1)
whether the oroposed use was intended for this site. as set forth in
the zonino ordinance. and (2) whether such use can be made
compatible with the adioinino neiohborhood throuoh the imoosltion
of certain conditions or restrictions. includina but not limited to
locatina the use to another location within the development.
bufferlna. Iimitina hours of ooeration, reouirlno a vestibule. walls,
and relocalina dumosters,
d. Should either the County or the aoolicant be unwillina to abide
with the findinos and recommendations of the Plannina
Commission. the matter will then be forwarded to the Board of
County Commissioners for a public hearino. to be conducted in
the same manner as lOC Section 10.08,00. except that notice
purposes 1 0 days prior notice bv publication will be sufficient.
Exhibit E-l
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 2008-05
Which was adopted by the Board of County Commissioners
on the 29th day of January, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of January, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board o5~
County Commissioners'
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By: Teresa polasJ&j,/ , ,,' \ '
Deputy Clerk " ,