Ordinance 2009-26
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ORDINANCE NO. 09 - 26
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 03-29, THE NAPLES
BOTANICAL GARDEN PLANNED UNIT DEVELOPMENT
(PUD), BY AMENDING SECTION 4.14, DESIGN GUIDELINES;
SECTION 6.2, DEVELOPMENT PARAMETERS; SECTION 6.4,
PERMITTED USES AND STRUCTURES; SECTION 6.5
DEVELOPMENT STANDARDS; AND SECTION 7.2,
TRANSPORTATION OF THE PUD DOCUMENT FOR THE
NAPLES BOTANICAL GARDEN; BY ADDING SECTION 7.6
TO PROVIDE FOR DEVIATIONS FROM THE LAND
DEVELOPMENT CODE AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on June 24, 2003, the Board of County Commissioners approved Ordinance
No. 03-29, which established the Naples Botanical Garden Planned Unit Development (PUD);
and
WHEREAS, said Ordinance Number 03-29 was previously amended by Ordinance
Number 04-38 and approved by the Collier County Board of County Commissioners on June 22,
2004 to correct a scrivener's error.
WHEREAS, R. BRUCE ANDERSON, representing Naples Botanical Garden, Inc.,
petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance
03-29, as amended, the Naples Botanical Garden Planned Unit Development.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Section 4.14, Design Guidelines, of the PUD Document for the Naples
Botanical Garden is amended as follows:
4.14 Design Guidelines
Words struck through are deleted; words underlined are added.
Page 1
A. Development of structures within the Naples Botanical Garden PUD, due to their unique
characteristics in a natural setting, shall comply with the Purpose and Intent Section of
Diyisien 2.8 Section 5.05.08, Architectural and Site Design Standards of the LDC~
amended, only. Structures within the Naples Botanical Garden PUD will not be
consistent with the actual architectural guidelines of Di',lsion 2.g Section 5.05.08 as
amended. The applicant will follow the alternative compliance process for review of
architectural and design standards as outlined in Section 5.05.08.F. of the LDC as
amended, to allow for innovative design of structures within Naples Botanical Garden,
except that maintenance, interim or temporary structures do not require architectural and
design standard review. The applicant shall comply with Section 4.06.05 Foundations
Planting:s of the LDC for interim or temporary structures as well as the maintenance
structures. However, the following requirements shall apply:
1. Struetures shall eomply v:ith Seetion 2.8.2.5, Non Commereial Developmeflt of
the LDC.
2. Struetures shall eomply with Seetion2.g.s, Exeeptiofls and Interpretations of the
LDC ,,,here neeessary to allo'.y fer iHBCl"ative design of struetures within Naples
Botanieal Garden.
B. Decorative walls and/or fencing shall be provided in accordance with the standards of
Section 2.6.11.4.2 5.03.02.E.2 of the LDC. At a minimum, the two out-parcels depicted
on the PUD Master Plan and the overflow parking and/or potential future expansion area
on the east side of Bayshore Drive shall meet the requirements of Section 2.6.11.4.2
5.03.02.E.2 of the LDC for a decorative wall.
SECTION TWO: Section 6.2, Development Parameters, of the PUD Document for the Naples
Botanical Garden is amended as follows:
6.2 Development Parameters
The PUD Master Plan, Exhibit "A", depicts the proposed use areas. The maximum development
intensity is based on a floor area ration (F.A.R.) of .05 which translates to a maximum square
footage of 372,438 square feet. Institutional, recreational, administrative, research and
educational facilities, accessory retail and housing uses including other support facilities are
included uses within the 372,438 square feet. Within the allotted development intensity there will
be a 200 seat cafe within a 5,000 square foot structure and indoor and outdoor seating areas. An
accessory retail use area of up to 5,000 square feet shall also be permitted within the entrance
building. Dormitory housing for the research center also is included within the total maximum
permitted floor area. Interim or temporary structures may be used to provide the facilities
described in Section 6.4. A temporary use permit is not required, and the interim or temporary
structures shall be approved through the site development plan process.
SECTION THREE: Section 6.4, Permitted Uses and Structures, of the PUD Document for the
Naples Botanical Garden is amended as follows:
6.4 Permitted Uses and Structures
No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or
in part, for other than the following:
Words struck through are deleted; words underlined are added.
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A. Principal Uses:
1. Arboretta and botanical garden (group 8422)
2. Amusement and recreational services (natural wonders and tourist attraction: commercial
only) and exhibition operation (group 7999)
3. Non-commercial research organizations (group 8733)
4. Commercial, physical and biological research (group 8731)
5. Commercial, economic, sociological, educational research (group 8732)
6. Auditoriums
7. Interim or temporary structures to provide the principal and accessory uses. The interim
or temporary structures shall be allowed for an initial period of three (3) years. If needed,
requests for extensions for uses of the interim or temporary structures beyond three (3)
years may be approved administratively for two (2) three (3) year extensions utilizing the
insubstantial change to the approved SDP process. Requests for additional extensions
may be approved bv the Board of County Commissioners through the public petition
process. Certificates of occupancy for a permanent structure will not be issued until the
interim or temporary structure housing a particular use is removed from the site.
SECTION FOUR: Section 6.5, Development Standards, of the Pun Document for the Naples
Botanical Garden is amended as follows:
B. Minimum Setbacks
A minimum setback of fifty (50) feet shall be maintained on all sides of the property for
principal structures. However, the existing administration building located at the
intersection of Bayshore Drive and Thomasson Drive shall be permitted a minimum
setback of fifteen (15) feet from Bayshore Drive after the optional conveyance of right-
of-way for the widening of Bayshore Drive. The interim or temporary structures shall be
set back a minimum of three hundred (300) feet from the property line along Bayshore
Drive, five hundred (500) feet from the property line along Hamilton Avenue and the
southern property boundary and one hundred fifty (ISO) feet from the property line along
Thomasson Drive. Maintenance structures along Bayshore Drive shall be permitted a
minimum setback of thirty (30) feet. Accessory structures shall be set back twenty (20)
feet from property lines where landscaping buffers are required.
SECTION FWE: Section 7.2, Transportation, of the Pun Document for the Naples Botanical
Garden is amended as follows:
H. The developer shall provide 5-foot wide sidewalks inclusive of bike lanes along the
length of its property limits on Fern Street, Thomasson Drive and along Bayshore Drive
from Thomasson Drive to the out parcel located on the west side of Bavshore Drive
opposite Republic Drive consistent with LDC provisions and the following:
1. All sidewalk and bike lane design criteria used shall be in accordance with the
Minimum Standards, as adopted by the Florida Department of FDOT - Design
Standards, as amended, as required by Florida Statutes - Chapter 316, Uniform
Traffic Control Law.
Words struck through are deleted; words underlined are added.
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2. The developer shall provide a 5-foot wide sidewalk along the length of its property
limits on Fern Street, Thomasson Drive and on Bayshore Drive from Thomasson
Drive to the out parcel located on the west side of Bayshore Drive a point opposite the
overflow parking lot. Pursuant to the provisions of the Land Development Code, the
developer shall provide a payment of$78.125.00 (based upon FDOT standards) in
lieu of constructing a sidewalk along the east side of Hamilton A venue and a sidewalk
along the west side of Bayshore Drive from the out parcel opposite Republic Drive to
the preserve area. This payment in lieu will be used for sidewalk improvements along
Bayshore Drive as part of the Bayshore Drive South improvement proiect. Five-foot
wide sidewalks shall be constructed in accordance with County Standards. No
sidewalk nor sidewalk mitigation shall be required where Bayshore Drive abuts a
preserve area.
3. Phase I....:ill inelude a sidewall€: along the 'Nest side of Bayshore Drive from Bayshore
Drive and ThemassCln Drive to t.he prCljeet's main efltraflee. .^.Rother sidtnvalk will be
provided along the south side of Thomasson Drive fram the interseetion of
Thomassen Dri'/e and Bayshore Drive to the existing efltranee into the parking lot.
"\11 other sidev/alks shall be provided in two (2) year incremeflts as eaeh phase is
eampleted and not to eKeeed a total period of six (6) years.
I. The developer, his successors, or assigns shall provide a fair share contribution toward
the capital cost of a traffic signal and turn lanes (or alternative intersection roundabout
design) at the intersection of Bayshore Drive and Thomasson Drive at such time that the
improvements are constructed. Payment shall be provided to the applicable Public
agency(ies) responsible for designing and constructing the improvements. ifj\:lstified by
appropriate traffie warrants.
J. The developer(s) shall provide a separate right turn lane on Bayshore Drive for the
southbound to westbound traffic movement into the Main EntranceNisitor Parking Area.
and all site related transportation improvement(s) inoluding, but not limited to, any and
all neoessary turn lane(s) improvement(s) at the develepment entranee(s) prier to the
issuanee of the first permanent CO. Said improvements are considered site related, and
therefore, do not qualify for impact fee credits. When said turn lane improvement(s),
whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right-
of-way and/or compensating right-of-way, shall be provided in conjunction with said
improvement(s), as determined by the Collier County Transportation Staff. The subjeet
development turn lane improvements shall be as follO\vs:
1. On the west approaeh of Thomasson DriYe, the OOflarate left turn lane f-er the
eastboood to northbound traffio moyement onto Bayshere Drive shall be lengthened
as required to faeilitate left turns at this interseetien for vehieles exiting onto
Thomasson Drive.
2. On the south approaeh of Bayshore Driye, an additional lane for northbound tFaffie
shall be provided to faoilitate through, left turn and right turn movemeflts at
Thomasson Dri'/e. This additional lane shall extend south from ThomassoR Drive ta
the Main Entranee/Yisitor Parking Area (apprmdmately 960 feet).
3. On the north approaoh of Bay shore Drive, a separate right turn lane for the
southbaund to westbound traffio movement into the Main Entran6e/Visitor Parking
"\rea shall be pro':ided.
Words struok through are deleted; words underlined are added.
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4. On the sO\:lth apJ3roaeh of Bayshore Drive, a separate left turn lane f{)f the northbound
to westbound traffie movemeat into the Main EntraHeelVisitor Parkiag Area shall be
provided if said improvement is determined neeessary after the overflow parking
facility on the east side of Bayshore Driye is improved/opened.
h-K. All turn lane design criteria shall be in accordance with the minimum standards as
adopted by the Florida Department of Transportation (FDOT) - Design Standards, as
amended, as required by Florida Statues - Chapter 316, Uniform Traffic Control Law.
The turn lane queue length determinations shall be in accordance with the
criteria/calculations within the Highway Capacity Manual- Chapter 17.
M-L. All work within the Collier County right-of-way shall meet the requirements of Collier
County Right-of-Way Ordinance.
N-M. If a gate is proposed at any and/or all development entrance(s), the gate shall be designed
so as not to cause vehicles to be backed up onto any and all adjacent roadways. Gates
shall be recessed a minimum of 50 feet from the edge of the public roadway for the
main/visitor's entrance; the research/education entrance and overflow parking entrances
and/or potential future expansion area. Gates at other locations shall be a minimum of 25
feet from the edge of the roadway.
SECTION SIX: The PUD Document for the Naples Botanical Garden is amended to include new
Section 7.6, Deviations from the LDC, as follows:
7.6 Deviations from the LDC
1. Deviation from LDC Section 5.03.02.A.l.a.i. Chain link fence shall be permitted to
be constructed at the preserve boundary on the southern property line and chain link
fence shall be permitted and set back a minimum of ten (10) feet from the public
right-of-way, except when located adiacent to a preserve where the setback shall be a
minimum of five (5) feet.
2. Deviation from LDC Section 5 .03.02.A. l.a.ii.(a). Black chain link fence shall be
permitted at a height of five (5) feet. If the applicant opts to use the black chain link
fence it may be used along the southern property line. Thomasson Drive and Hamilton
Avenue, and the portion of Bayshore Drive where the preserves are located.
3. Deviation from LDC Section 5.05.08. Maintenance, interim or temporary structures
do not require architectural and design standard review.
SECTION SEVEN: The PUD Master Plan for the Naples Botanical Garden PUD is as indicated
on Exhibit "A," attached hereto.
SECTION EIGHT: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of State that this
Ordinance has been filed with the Secretary of State.
Words struck through are deleted; words underlined are added.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this :JW day Of~, 2009.
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ATTEST:
O\VI(!HI; E.. B'Rdqt;Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER TY, FLORIDA
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BY:
DONNA FIALA, Chairman
Approved as to Form and
legal Sufficiency
~7.W~
STEVEN T. WILLIAMS ,-...>
Assistant County Attorney )~.1'0'I
Attachment: Exhibit A - Pun Master Plan
This ordinance filed with tne
Secretory of State's Off~~ the
~ day of ~ \vr\<', 'l
ond acknowledgement of that
flltng received is ~ day
of Llc..l
Words struek through are deleted; words underlined are added.
Page 6
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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 2009-26
Which was adopted by the Board of County Commissioners
on the 26th day of May, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of May, 2009.
DWIGHT E. BROCK ~
Clerk of Courts and Clerk
Ex-officio ~o ~o~'~19n~!,.
County commlssS~:~'s.",....,?","l
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By: Martha
Deputy