Ordinance 2008-50
ORDINANCE NO. 08- 50
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 DESCRIBED REAL PROPERTY FROM A
(AGRICULTURAL), C-2 (COMMERCIAL CONVENIENCE), C-
4 (GENERAL COMMERCIAL) ZONING DISTRICTS AND
ARTESA POINTE PUD TO A COMMERCIAL PLANNED
UNIT DEVELOPMENT "CPUD" KNOWN AS THE T AMIAMI
CROSSING CPUD LOCATED, IN SECTION 3, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, i~c ~
CONSISTING OF 24.45+ ACRES; AND BY PROVIDING AN :=:;.; g
EFFECTIVE DATE. - :> ,. ~~
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WHEREAS, KRG 951 and 41, LLC, represented by Wayne Arnold, of Q.:?r~dy:~in~n
'1'-:" ....,;;:...
& Associates, petitioned the Board of County Commissioners to change the zoning~M~sifWati~O
g ~ ':-"
of the herein described real property. :1:" I ,j j'V
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 3,
Township 51 South, Range 26 East, Collier County, Florida, is changed from the A
(Agricultural), C-2 (Commercial Convenience) and C-4 (General Commercial) and Artesa Painte
PUD Zoning Districts to a Commercial Planned Unit Development (CPUD) Zoning District for a
project to be known as the Tamiami Crossing Commercial Planned Unit Development (CPUD)
in accordance with Exhibits A through G, attached hereto and incorporated by reference herein.
Page I of 2
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 Florida Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this
q.1-~
day of ~2008.
"( JI, : f.'
, ".
ATTEST':.
Dwight E. Brock,~letk
BY~.." .. t~Hs'~b i\~
... t n to C1tal'Nf> ty CI k
. ',. ," u er
S 1Ql1atup@ on 1" '
Approved as to form
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
OF COLLIE COUNT , FLORIDA
By:
TOM HENNING, CHAIRMA
'/yLV.L~11.l ,Jll ,fJtJwd-:f);L~tLL0S
Marjori . Student-StIflIng
Assistant County Attorney
Exhibit A - Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - List of Requested Deviation from LDC
Exhibit F - List of Developer Commitments
Exhibit G - Landscape Buffer
This ordinance filed with the
~~~tary of State's Office the
~ay of S<.fll, ~~
and ocknowledgement Oflthat
=~;~~~dOY
00Iputy c; Ierk
Page 2 of 2
EXHIBIT A
FOR
TAMIAMI CROSSING CPUD
PERMITTED USES
I. PERMITTED USES
The 25.45::1: acre commercial project shall not be developed with more than a maximum of
235,000 square feet of commercial floor area. 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:
1. Amusement and recreation services: Groups 7911 and 7991.
2. Apparel and accessory stores: Groups 5611 - 5699.
3. Attorney Offices and Legal Services: Group 8111.
4. Automotive Dealers and Gasoline Service Stations: Groups 5511 (new and
used motor vehicle dealers), 5531 (auto and home supply store), 5541
(gasoline service stations [automobile service stations only, with services and
repairs as described in the Land Development Code, convenience food and
beverage stores, and excluding truck stops - retail. Diesel pumps shall only be
provided for automobiles and trucks of one ton or less capacity]) and 5571
(motorcycle dealers).
5. Automotive Repair, Services and Parking: Groups 7514, 7515, 7542 (only for
automobiles and trucks/buses of one ton capacity or less).
6. Boat Dealers: Group 5551.
7. Bowling Center: Group 7933
8. Building Materials: Groups 5211-5231
9. Business Services: Groups 7311, 7313, 7322 - 7338, 7361, 7371 - 7384.
10. Depository Institutions and Non-depository Credit Institutions: Groups 6021-
6163
11. Drinking Establishments and Places: Group 5813 (cocktail lounges permitted
only in conjunction with a restaurant).
12. Eating Establishments and Places: Group 5812.
13. Educational Services: Groups 8211 - 8249 and 8299 (no exterior instruction
of motorized equipment).
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14. Food Stores: Groups 5411,5421,5431 (except roadside sales) and 5499.
15. Garden Supply: Group 5261
16. General Merchandise Stores: Groups 5311 - 5399 (including warehouse clubs
and discount retail superstores).
17. Hardware Stores: Group 5251.
18. Health Services: Groups 8011 - 8099.
19. Professional Offices: Groups 6712 - 6799.
20. Home Furniture, Furnishings and Equipment Stores: Groups 5712 - 5736.
21. Hotels and Motels: Group 7011.
22. Insurance Agencies, Brokers and Carriers: Groups 6311 - 6399 and 6411.
23. Management Services: Groups 8711 - 8748.
24. Membership Organizations: Groups 8611, 8621, 8641 and 8661.
25. Miscellaneous Repair Services: Groups 7622 - 7631.
26. Miscellaneous Retail Services: Groups 5912, 5932 (antiques only), 5941 -
5949 and 5992 - 5999 (except auction rooms, monument and tombstone
sales).
27. Movie Picture Theaters: Group 7832.
28. Museums and Art Galleries: Group 8412.
29. Personal Services: Group 7212 (dry-cleaning and laundry pickup stations
only), 7215, 7217, 7219 - 7291, and 7299 (car title/tag service and tanning
salons only).
30. Public Administration: Groups 9111 - 9661.
31. Real Estate agents and managers (Groups 6512 - 6514,6519,6531 - 6552,
excluding mobile home brokerage on-site).
32. Security and Commodity Brokers, Dealers, Exchanges and Services: Groups
6211 - 6289.
33. Social Services: Groups 8322 (only adult day care centers, counseling centers,
and senior citizens associations), and 8351.
34. Travel Agencies: Group 4724.
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35. Veterinarian's Office: Group 0742 (for household pets only and without
overnight boarding or outdoor kennels).
36. Videotape Rental: Group 7841.
37. Any other commercial use or professional service which is comparable in
nature with the foregoing uses, as determined by the Board of Zoning Appeals.
B. Accessory Uses/Structures:
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
1. Uses and structures that are accessory and incidental to the permitted principal
uses.
2. Cocktail lounges (Group 5813), only in conjunction with eating places.
3. Caretaker's residence.
4. Sidewalk sales: outdoor seasonal sales shall be permitted (except roadside
sales).
II. PROHIBITED USES
The following uses shall be prohibited:
Tattooing establishments (Group 7299).
III. PRESERVE TRACT USES
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, subject to the issuance of regional, state and federal permits,
when required:
A. Principal Uses:
1. Boardwalks, nature trails and shelters.
2. Any other conservation and related open space activity or use that is
comparable in nature with the foregoing uses and which the Board of Zoning
Appeals, or designee, determines to be compatible in the Preserve Tracts.
post eepe draft PUD (4) 1l'\'l}'\.o~
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EXHIBIT B
FOR
TAMIAMI CROSSING CPUD
DEVELOPMENT STANDARDS
Table I below sets forth the development standards for land uses within the CPUD. Standards not
specifically set forth herein shall be those specified in the applicable sections of the Land
Development Code (LDC) in effect as of the date of approval of the site development plan (SDP)
or subdivision plat.
TABLE I
DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 Sq. Ft. N/A
MINIMUMLOT WIDTH 75Ft. N/A
MINIMUM YARDS (External)
From Tamiami Trail (U.S. 4f) Not less than 25 feet. SPS
From Collier Blvd. Not less than 25 feet. SPS
From Pasedo Dr 25 Ft. SPS
From Artesa Pointe CPUD Boundary 15 Ft. SPS
From Western Project Boundary 25 Ft. SPS
From Eastern Project Boundary 25 Ft. SPS
MINIMUM YARDS anternal)
Internal Drives/ROW 10Ft. SPS
Rear 15 Ft. SPS
Side 10Ft. SPS
Preserve 25 Ft. SPS
MIN. DISTANCE BETWEEN 10Ft. or 'h the sum of the 10Ft.
STRUCTURES building heights *
MAXIMUM HEIGHT
Retail Buildings*** Zoned 35 Ft. 25 Ft.
Actual 40 Ft.
Office Buildings Zoned 35 Ft. 25 Ft.
Actual 40 Ft.
MINIMUM FLOOR AREA 1,000 Sq. Ft. ** N/A
MAX. GROSS LEASABLE AREA 235,000 Sq. Ft. N/A
SPS = same as principal structure
* whichever is greater
** Per subdivided lot, excluding parking areas under buildings
***See Exhibit F Section 2.G.2 for further height restrictions on the large format retailer building.
post eepe draft PUD (4) -nrm#
Page 4 of ] 2
AR-I0875 / KlTE951PLN
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EXHIBIT D
FOR
T AMIAMI CROSSING CPUD
LEGAL DESCRIPTION
The subject property being 25.45::1: acres is located in Section 3, Township 51 South, Range 26
East, and is more fully described as follows:
A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA BEING MORE P ARTICULARL Y DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF TRACT "O.S.-3" OF TRAlL RIDGE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT PAGES 71
THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE RUN NORTH 89055'57" WEST, ALONG THE NORTH LINE OF SAID TRACT
"O.S.-3", FOR A DISTANCE OF 683.32 FEET TO THE NORTHEAST CORNER OF LANDS
DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES 2872 THROUGH 2876 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH
00004'03" WEST, ALONG THE EAST LINE OF SAID LANDS, FOR A DISTANCE OF
200.05 FEET TO A POINT ON THE NORTH LINE OF TRACT "C" OF SAID TRAlL RIDGE;
THENCE RUN NORTH 89055'57" WEST, ALONG SAID NORTH LINE, FOR A DISTANCE
OF 196.99 FEET TO THE NORTHERL YMOSTWESTERL Y CORNER OF SAID TRACT "C";
THENCE RUN SOUTH 02030'29" WEST, ALONG THE WESTERLY LINE OF SAID TRACT
"C", FOR A DISTANCE OF 100.09 FEET; THENCE RUN NORTH 90000'00" WEST, ALONG
THE NORTHERLY LINE OF SAID TRACT "C", FOR A DISTANCE OF 100.09 FEET TO A
POINT ON THE EAST RIGHT-OF-WAY LINE OF STATE ROAD #951 (RIGHT-OF-WAY
VARIES); THENCE RUN NORTH 02030'29" EAST, ALONG SAID EAST RIGHT-OF -WAY
LINE, FOR A DISTANCE OF 140.20 FEET; THENCE RUN NORTH 04012'04" EAST,
ALONG SAID EAST RIGHT-OF-WAY LINE, FOR A DISTANCE OF 640.85 FEET;
THENCE RUN SOUTH 89042'14" EAST FOR A DISTANCE OF 264.66 FEET; THENCE
RUN NORTH 15042'49" WEST FOR A DISTANCE OF 320.41 FEET; THENCE RUN NORTH
35039'44" EAST FOR A DISTANCE OF 200.00 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF STATE ROAD No. 90 (TAMIAMI TRAIL 200.00 FOOT RIGHT-
OF-WAY); THENCE RUN SOUTH 54020'16" EAST, ALONG SAID SOUTHERLY RIGHT-
OF-WAY LINE, FOR A DISTANCE OF 1,927.32 FEET; THENCE RUN SOUTH 35039'44"
WEST FOR A DISTANCE OF 400.00 FEET TO A POINT ON THE NORTHERLY LINE OF
TRAlL RIDGE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
44 AT PAGES 71 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE RUN NORTH 54020'16" WEST, ALONG THE NORTHERLY LINE OF
SAID TRAIL RIDGE, FOR A DISTANCE OF 855.70 FEET TO THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 25.451 ACRES, MOREsOR LESS.
post CCPC draft PUD (4) 1'l\'l)1 ~()--
Page 7 of ] 2
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EXHIBIT E
FOR
T AMIAMI CROSSING CPUD
DEVIATIONS
A. Landscape buffer(s).
The developer requests a deviation from Subsection 4.06.02, Table 2.4 (footnote 3) of the
LDC, only for that portion of the project immediately north of Tract A. This deviation
would provide relief from the above-referenced LDC provision which requires a
landscape buffer to be provided between platted commercial building lots, to permit a
zero foot setback between buildings and no landscape buffer( s) between separately
platted tracts as shown on the Conceptual Master Plan.
B. Project signage.
The developer requests a deviation from Subsections 5.06.04.C.1 and 5.06.04.C.3 which
permits a maximum of two pole or monument signs per street frontage at a maximum of
80 square feet each and 1,000 feet separation, to permit a maximum of three on-premises
pole or monument signs along the projects U.S. 41 frontage. The maximum sign area for
the three signs shall not exceed 160 square feet, and no single sign shall exceed 80 square
feet.
C. Parking distribution.
The developer requests a deviation from Subsection 5.05.08.E of the LDC which permits
no more than 50% of the required parking area for interior lots to be located between the
primary fa~ade and the abutting street, to permit 100% of the required parking area to be
permitted between the primary fa~ade and the Collier Boulevard and Tamiami Trail road
frontage irrespective of which Conceptual Master Plan option is pursued. The landscape
buffer adjacent to Collier Boulevard shall be enhanced with 16-foot tall canopy tree
clusters, and palm tree clusters, as identified in deviation Exhibit G, and as described in
Exhibit F, Item 2.E.1. The developer shall provide a covered pedestrian walkway as
described in Subsection 2.E.2. of Exhibit F of this Ordinance.
D. Fences and Walls.
The developer requests a deviation from LDC Subsection 5.03.02.E.2, which requires
placement of a concrete or masonry wall between non-residential and residential
development, to permit the Tamiami Crossing CPUD to provide Type B buffer, without a
masonry wall where the project abuts residentially-zoned property in two areas ofthe site.
post cCPC draft PUD -In~
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EXHIBIT F
FOR
T AMI AMI CROSSING CPUD
LIST OF DEVELOPER COMMITMENTS
1. Regulations for development of the Tamiami Crossing CPUD shall be in accordance with
the contents of this CPUD Document and applicable sections of the LDC and Growth
Management Plan (GMP) in effect at the time of issuance of any development order to
which said regulations relate. Where this CPUD Ordinance does not provide development
standards, then the provisions of the specific sections of the LDC that are otherwise
applicable shall apply.
2. Any commitments made by the developer will be added to this exhibit as they are made
during the review and approval process.
A. PUD MASTER PLANS
1. Exhibit "C-1" and Exhibit "C-2" depict the conceptual master plans for
two proposed development options.
2. Exhibit "C-1 ", "Conceptual Master Plan "A", Large Format Retailer"
illustrates the proposed development for a 170,000 square foot or larger
single tenant retailer and is conceptual in nature. Proposed area, lot or
land use boundaries or special land use boundaries shall not be construed
to be final and may be varied at any subsequent approval phase such as
final platting or SDP approval. Subject to the provisions of the LDC,
amendments may be made from time to time.
a. The building setback shall be a ratio of 2 feet vertical to 1 foot
horizontal or a minimum of25 feet from the US 41 right- of- way line.
b. All loading areas shall be fully screened from the sight line of travel on
US 41 with landscape and hardscape features.
c. The required landscape buffers along US 41 and Collier Boulevard
shall be increased with tree and shrub material as depicted on Exhibit
"G" .
d. Conceptual Plan "C-1" shall adhere to the applicable architectural
commitments in Exhibit F, Item 2. G.
3. Exhibit "C-2", Conceptual Master Plan "B" illustrates the proposed
development for multi-tenant retailers, each less than 170,000 square feet,
and is conceptual in nature. Proposed area, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as final platting or SDP
approval. Subject to the provisions of the LDC, amendments may be
made from time to time.
4. All necessary easements, dedications, or other instruments shall be granted
to insure the continued operation and maintenance of all service utilities
and all common areas in the project.
post cCPC draft PUD (4) '1l\7r\f) /).
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B. WATER MANAGEMENT
1. A copy of the South Florida Water Management District (SFWMD)
surface water permit application shall be sent to Collier County
Development Services Staff with the final plat or SDP submittal.
2. A copy of the SFWMD surface water permit shall be submitted to Collier
County prior to final SDP or final plat approval.
3. The stormwater management control elevation discharge shall be 4.9 feet
NGVD or above, as required or as approved by the South Florida Water
Management District.
C. UTILITIES
1. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with
applicable County ordinances and other applicable County rules and
regulations.
2. Except on an interim basis for structures such as sales/construction trailers
and models, the project shall be required to hook-up to and utilize public
water and sewer facilities.
D. TRANSPORTATION
1. The Conceptual Master Plans "A" and "B" depict two potential vehicular
and pedestrian interconnections with the adjacent property to the south.
The developer shall assure that these interconnections accommodate the
perpetual use of such access by incorporating the appropriate language into
the applicable development covenants, and SDP or plat.
E. PLANNING
1. Enhanced Landscape Buffer along the Collier Boulevard and Tamiami
Trail frontages. The 20-foot Type 'D' Buffer shall be enhanced with
additional palm trees provided at a ratio of 3 palms per 60 linear feet. The
required canopy trees shall be a minimum of 16-feet tall at the time of
planting and shall be staggered in clusters 20 feet on center. Clusters of 3
palms between required canopy tree clusters shall be planted no more than
8 feet on center. The palms shall be 12- foot to 18- foot staggered heights.
The distance between required canopy tree clusters and palm clusters shall
be no more than 30 feet apart. All required plants shall be native species.
The enhanced landscape buffers are as depicted on Exhibit G.
2. The developer shall provide a covered pedestrian walkway over the
longest landscape island (which island is depicted on Exhibit C-1, the
Conceptual Master Plan) running from the parking area of the project to
the main entrance of the building on Tract C. The walkway shall be a
post cCPC draft PUD "1h?1'\~ P,
Page 10 of 12
AR-10875 / KlTE951PLN
minimum of eight feet in width with the covering to be a minimum of
twelve feet at its peak. The covered walkway may be in the form of a
pergola or arbor covered with shade-producing vegetation.
F. ENVIRONMENTAL
1. An analysis demonstrating that post-development pollutant loading will be
less than or equal to predevelopment loading in general accordance with
the Harvey Harper methodology shall be completed and submitted for
review and approval at the time of site development plan review.
G. ARCHITECTURE
1. The theme for all buildings in the center for Conceptual Master Plans "A"
and "B" shown in Exhibit C-1 and C-2, shall be "Old Florida Style" or
"Florida Cracker Style".
2. The large format retailer building in Exhibit C-l, Conceptual Master Plan
"A", shall comply with the additional following commitments:
a. The building height of any building or portions of buildings within 200
feet of the US 41 right-of-way line, excluding any tower element, shall
be reduced to a maximum zoned height of 29 feet (or a maximum
actual height of 32 feet). The tower element(s) shall be a maximum
zoned height of35 feet, with a maximum actual height of38 feet.
1. Buildings or portions of buildings beyond 200 feet from the US 41
right-of-way shall not exceed the maximum heights listed in
Exhibit B, Table 1.
2. Signage shall not be permitted on any tower element on the large
format retailer building.
post eepe draft PUD (4) 1n?rl"""-
Page II of 12
AR-10875 / KITE951PLN
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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 2008-50
Which was adopted by the Board of County Commissioners
on the 9th day of September, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of September, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
'"'\ 0, , lAG Q,((L~lil~'lz
'~resa ?oli:l.ski, .~
Deputy :Clerk