Ordinance 2009-37
ORDINANCE NO. 09-~
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 ESTABLISHED THE COMPREHENSNE 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
COMMUNITY FACILITY ZONING DISTRICT AND
AGRICULTURAL ZONING DISTRICT WITH A ST/W-4
WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT
OVERLAY ZONE W-4 TO A COMMUNITY FACILITY
PLANNED USE DEVELOPMENT (CFPUD) ZONING
DISTRICT WITH A ST/W-4 WELLFIELD RISK
MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE
W-4 FOR THE PROJECT KNOWN AS A VOW HOSPICE
CFPUD, LOCATED AT 1095 WHIPPOORWll..L LANE, IN
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 15.25+/-
ACRES; AND BY PROVIDING AN EFFECTNE DATE.
4
WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Avow
Hospice, Inc., 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 18,
Township 49 South, Range 26 East, Collier County, Florida, is changed from a Community
Facility (CF) Zoning District and Agricultural (A) Zoning District with a ST/W-4 Well field Risk
Management Special Treatment Overlay Zone W-4 to a Community Facility Planned Use
Development (CFPUD) Zoning District with a ST/W-4 Wellfield Risk Management Special
Treatment Overlay Zone W-4 for a 15.25+/- acre project known as Avow Hospice CFPUD, in
accordance with Exhibits A through E attached hereto and incorporated herein. The appropriate
REV. 5/28/09
1
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.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this r~(iJ. day of :::rU ~ ,2009.
H.-f,
A TT~~'.f':r, :":1): , '
D~~'E: .@,~~CK, Clerk
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Atttst; ., ~lt~:~..' peputy Clerk
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'1'0' ')1..:; '.-
BOARD OF COUNTY COMMISSIONERS
COLLIER OUNTY, FLORIDA
d
By:
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
~ A--UcJ
EIDI ASHTON-CICKO
Assistant County Attorney
Land Use Section Chief
(\'J." \0"'
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Attachments:
Exhibit A - Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - Developer Commitments
09-CPS-00944/22
Thl! ordll1Cll"Ce fi led with tht>
~ry of State's Off~ce the
~ dav of --..7yn~, ~4
cmd ockt\OWledgement of th(jl
filing received ""is ~ doy
of ~~' ___
00!ptJty c......
REV. 5/28/09
2
A VOW HOSPICE
A
COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT
PREPARED FOR:
Avow Hospice.lnc
1095 Whippoorwill Lane
Naples. FL 34105-3847
PREPARED BY:
Tim Hancock. AICP
Davidson Engineering. Inc.
3530 Kraft Rd Suite 301
Naples Fl 34105
DATE REV/EWD BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
EXHIBIT A
PERMITfED 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:
A. Principal Uses: Community Facility
1. Assisted Living Facility including Group Care Facilities, Family
Care Facilities, and Continuing Care Retirement
Communities (Group 8059)
2. Churches and Places of Worship (Group 8661)
3. Civic and Fraternal Organizations (Group 8641 )
4. Educational Services (Group 8299)
5. Educational Services (Group 8211-8231)
6. Essential Services
7. Museums and Art Galleries (Group 8412)
8. Nursing Home (Groups 8051 except mental retardation
hospitals, 8052, 8249 except construction equipment
operation schools and truck driving schools)
9. Parks, public or private including Play areas and Playgrounds
10. Parochial Schools public or private (Group 8211)
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") by the process
outlined in the LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with the
permitted principal uses and structures.
EXHIBIT B
DEVELOPMENT STANDARDS
Table I below sets forth the development standards for land uses within the
proposed Community Facilities PUD (CFPUD). Standards not specifically set forth
within this application shall be those specified in applicable sections of the LDC
in effect as of the date of approval of the SDP or Subdivision plat.
Tablet
COMMUNITY FACILITY PUD STANDARDS
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 Square Feet N/A
MINIMUM LOT WIDTH 80 Feet N/A
MINIMUM FLOOR AREA 1 ,000 Square Feet N/A
FRONT YARD SETBACK 25 Feet 1 0 Feet
SIDE YARD SETBACK 1 5 Feet 10 Feet
REAR YARD SETBACK 15 Feet 1 0 Feet
WATERFRONT SETBACK o Feet or 20 Feet o Feet or 20 Feet
PRESERVE SETBACK 25 Feet 10 Feet
MIN. DISTANCE BETWEEN 25 Feet 10 Feet
STRUCTURES
MAXIMUM HEIGHT Zoned: 35 Feet Zoned: 35 Feet
Actual: 47 Feet Actual: 47 Feet
Development of The Avow Hospice CFPUD shall be in accordance with the
contents of this Ordinance and applicable sections of the LDC and GMP in
effect at the time of issuance of any development plan, excavation permit. and
preliminary work authorization, to which such regulations relate. Where these
regulations fail to provide development standards, then the provisions of the
most similar district in the LDC shall apply.
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EXHIBIT D
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 49
SOUTH, RANGER 26 EAST. COLLIER COUNTY, FLORIDA MORE P ARTlCULARL Y DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH QUARTER Of SAID SECTION 18 RUN S 00025'40" E ALONG
THE WEST LINE Of SAID NORTHEAST QUARTER A DISTANCE Of 1260.53 fEET TO AN
INTERSECTION WITH THE NORTH LINE OF THE SOUTH 60 fEET Of THE EAST HALF OF THE
NORTHWEST QUARTER Of SAID SECTION 18; THENCE S 89"34'19" W ALONG SAID LINE 30.00
FEET TO THE POINT OF BEGINNING; THENCE S 89034'19" W 25 FEET; THENCE S 00025'40" E
15.00 fEET; THENCE N 89034'19" E 25.00; THENCE N 00025'40" W 15.00 fEET TO THE POINT OF
BEGINNING.
AND
PARCEL 13.2: SOUTH Y:z OF THE NORTH Y:z OF THE NORTH Y:z Of THE SOUTHEAST I/., OF THE
NORTHWEST I/., Of SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; CONTAINING 4.952 SQUARE FEET, MORE OR LESS.
AND
PARCEL 13.1: NORTH Y:z Of THE NORTH Y:z Of THE NORTH Y:z Of THE SOUTHEAST 1j., OF THE
NORTHWEST I/., Of SECTION 18. TOWNSHIP 49 SOUTH. RANGE 26 EAST, OF THE PUBLIC
RECORDS OF COLLIER COUNTY. fLORIDA.
AND
THE SOUTH 60 fEET OF THE EAST Y:z OF THE NE 't. OF THE NW I/." SECTION 18, TOWNSHIP 49
SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS Of COLLIER COUNTY, FLORIDA.
SUBJECT EASEMENT, RESTRICTION AND RESERVATIONS Of RECORD.
AND
PARCEL 13.3: THE NORTH 1/2 Of THE SOUTH 1/2 OF THE NORTH Y:z OF THE SOUTHEAST 1j., OF THE
NORTHWEST 1j., OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, LESS THE EAST 10.00 FEET FOR ROAD RIGHT-Of-WAY.
EXHIBIT E
DEVELOPER COMMITMENTS
1. PURPOSE
The purpose of this Section is to set forth the development commitments
for the development of the project,
2. ENVIRONMENTAL
A. A Preserve Area Management Plan shall be provided to Environmental
Services Staff for approval prior to site/construction plan approval. The
Preserve Management Plan shall identify methods to address treatment of
exotic species, fire management. and maintenance.
B. The minimum Native Preservation requirement will be a minimum of .30
acres (0.88 acres of native vegetation x 15%= 0.30 acres).
3. TRANSPORTATION
At the time of site development plan (SOP). the petitioner agrees to
contribute a proportionate fair share cost for the planned improvements
at Pine Ridge/Whippoorwill intersection, as well as the Whippoorwill
improvements. The proportionate share will be based on the highest peak
operational impacts produced by this site, which are present during the
AM Peak hour. The proportionate share will be calculated during the
Development Order application process.
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 2009-37
Which was adopted by the Board of County Commissioners
on the 23rd day of June, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of June, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to BOP,J~~;!?f
Count y Commi S~~<:?);le r's
'.re;
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By: Teresa Po'la$ki~.,.'
Deputy Cler~ J.