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Ordinance 2009-46 ~[E @ [E 0 \Y1 [E~ ' S E P 2 8 2009 ORDINANCE NO. 09- 46 BY~ 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 COMPREHENSNE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER .. ".' .. Of' f"..,.,.., COUNTY, FLORIDA, BY AMENDING THE {:~::-J ;~-I = APPROPRIATE ZONING ATLAS MAP OR MAPS BY I..Q ::,:J> (/) ~-n CHANGING THE ZONING CLASSIFICATION OF THE ",.'- r., --.-, I:J ~;..; r "".) ~ HEREIN DESCRIBED REAL PROPERTY FROM AN ,'r""- 1-', ~ - a AGRICUL TURAL (A) ZONING DISTRICT TO A r'-:'~ --.. j"'ll ... ,'- J':~ COMMERCIAL PLANNED UNIT DEVELOPMENT . , :I: (CPUD) ZONING DISTRICT FOR A 5+/- ACRE ,.. co {:J PARCEL TO BE KNOWN AS THE IT ALIAN- -- w AMERICAN CLUB CPUD, LOCATED AT 7035 AIRPORT -PULLING ROAD IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, The Naples Italian-American Club, Inc., represented by Robert L. Duane, A.I.C.P., of Hole Montes, Inc. and Richard Yovanovich of Coleman, Yovanovich & Koester, PA 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 at 7035 Airport- Pulling Road in Section 2, Township 49 South, Range 25 East, Collier County, Florida, is changed from an Agricultural (A) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a 5 +/- acre parcel to be known as the Italian-American Club CPUD, in accordance with Exhibits A through G attached hereto and incorporated by reference herein. PUDZ-2009-AR-14141 REV~ 9/3/09 1 of2 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. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this rC;; day of ~. ,2009. BOARD OF COUNTY COMMISSIONERS COLLIER ~TY' FLORIDA _ By: ~ d~ DONNA FIALA, Chairman ~q~ ,.,~. >".~40 , 'I.~ .. . .',',,:;.1 1~'4 . St:.jl~.\)" Approved as to form and legal sufficiency: , eidi Ashton-Cicko Section Chief, Land Use/Transportation Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: Developer Commitments Exhibit G: Conditions of Approval 09-CPS-00928120 n... Ordinance filed with the Secretary of ~ffice the CJ eX. , day of , - o2oe> and acknowledgement~f that ~I~ doy By DepUly terk TIT TDZ-2009-AR-14141 1"-1:. V. 9/3/09 20f2 .' EXHffiIT A PERMITTED USES ITALIAN AMERICAN CLUBHOUSE CPUD COMMERCIAL 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: Principal Uses and Structures - Tract A: 1. Permissible Land Uses: SIC Group 1. Civic, social and fraternal associations (8641 ) II. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent of the district as determined by the Board of Zoning Appeals, pursuant to the LDC. Permitted Accessory Uses and Structures - Tract A: I. Uses and structures that are accessory and incidental to the above principal uses including recreational facilities for a civic, social or fraternal organization, including bocce ball outdoor area, signs, water management facilities, and covered parking. III. Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the LDC. Principal Uses and Structures - Tract B: I. Permitted Principal Uses and Structures: Permissible Land Uses - Cl (Modified): Commercial Professional & General Office Permitted Use (SIC Group in Parenthesis) 1. Accident & Health Insurance Services (6321) 2, Accounting services (8721) 3, Adjustment services (7322) 4. Advertising (consultants) agencies (7311 ) 5, Architectural services (8712) 6. Auditing service, accounts (8721 ) 7. Banks, Federal Reserve (6011) 8, Banks, commercial: national (6021) 9. Banks, commercial: not chartered (6029) 10. Banks, commercial: state (6022) August 25, 2009 l .v\l.Y' 11. Banks, savings: Federal (6035) 12. Banks, savings: not federally chartered (6036) 13. Barber Shops, except for barber schools (7241 ) 14, Beauty Shops, except for barber schools (7231 ) 15. Bookkeeping Services (8721 ) 16, Business Consulting Services, not elsewhere classified (8748) 17. Civic, social and fraternal associations (8641 ) 18, Collection Services (7322) 19. Commodity Contracts Brokers & Dealers (6221) 20. Computer maintenance and repair (7378) 21. Computer processing services (7374) 22. Computer programming services (7371) 23. Credit clearinghouses (7323) 24, Credit Reporting Services (1323) 25. Credit unions, Federal (6061) 26. Credit unions, State: not federally chartered (6062) 27, Data processing consultants (7379) 28. Data processing services (7374) 29. Debt counseling, no other miscellaneous services (7299) 30. Dentist office/clinic (8021 ) 31. Direct mail advertising service (7331) 32, Doctors - Medicine offices & clinics (8011) 33. Doctors - Osteopathy offices & clinics (8042) 34, Doctors - Chiropractors offices & clinics (8041) 35. Engineering services: limited to industrial, civil, electrical, mechanical, marine and design (8711 ) 36. Essential Services, subject to LDC 2.01,03 including existing radio and television broadcasting and communications equipment (3663) 37. Fire, Marine & Casualty Insurance Services (6331) 38. Health practitioners - not elsewhere classified (8049) 39. Home health care services (8082) 40, Hospital & Medical Healthy Services (6324) 41. Insurance Carriers, not elsewhere classified (6399) 42. Investment Advice (6282) 43, Life Insurance Services (6311) 44. Land Subdividers & Developers (6552) 45. Landscape architects, consulting & planning (0781 ) 46. Legal services (8111 ) 47, Loan brokers (6163) 48. Management Services (8741 ) 49. Management Consulting Services (8742) 50. Mortgage Bankers & Loan Correspondents (6162) 51. Miscellaneous Business Credit Institutions (6159) 52. Membership Organizations, not elsewhere classified (8699) 53, Optometrists - offices & clinics (8042) 54, Pension, Health and Welfare Funds Services (6371) 55, Personal Credit Institutions (6141) 56, Photographic Studios, Portrait (7221 ) 57. Podiatrists - offices & clinics (8043) August 25, 2009 l ~~ 58. Public Relations Services (8743) 59. Radio, Television & Publishers Advertising Representatives (7313 ) 60. Real Estate Agents and Managers (6531) 61. Secretarial and Court Reporting Services (7338) 62, Security Brokers, Dealers & Flotation Companies (6211) 63, Security and Commodity Exchanges (6231) 64. Services Allied with the Exchange of Securities or Commodities, not elsewhere classified (6289) 65, Shoe Repair Shops and Shoeshine Parlors (7251) 66. Short-Term Business Credit Institutions, except agricultural (6153) 67. Surety Insurance Services (6351) 68. Tax Return Preparation Services (7291) 69. Title Abstract Offices (6541) 70. Title Insurance Services (6361) 71. Travel Agencies (no other transportation services) (4724) 72. Veterinary Services, excluding outdoor kenneling (0742) II. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent of the district as determined by the Board of Zoning Appeals, pursuant to the LDC. Permitted Accessory Uses and Structures - Tract B: I. Uses and structures that are accessory and incidental to the above principal uses including signs, water management facilities, and covered parking. III, Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the LDC, August 25, 2009 (~ 0 EXHIBIT B DEVELOPMENT STANDARDS ITALIAN AMERICAN CLUBHOUSE CPUD Development of the Italian American Clubhouse CPUD 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 (SDP), 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, the C-I, Commercial Professional and General Office District, of the LDC shall apply, Table I below sets forth the development standards for land uses within the CPUD Commercial Subdistrict. 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 final subdivision plat. TABLE I COMMERCIAL DEVELOPMENT STANDARDS A. PRINCIPAL STRUCTURES MINIMUM LOT AREA N/A MIMINUM LOT WIDTH N/A MINIMUM FRONT YARD 25 feet MINIMUM SIDE YARD 25 feet MINIMUM REAR YARD 25 feet MIMINUM DISTANCE BETWEEN Yz the sum of the building height PRINCIPAL STRUCTURES MAXIMUM BUILDING HEIGHT 3 stories, not to exceed 40 feet zoned building height or 45 feet actual building height B. ACCESSORY STRUCTURES FRONT SETBACK 15 feet SIDE SETBACK 1 0 feet REAR SETBACK 1 0 feet MINIMUM DISTANCE BETWEEN 1 0 feet ACCESSORY STRUCTURES MAXIMUM BUILDING HEIGHT NOT 1 story, 25 feet zoned building height and 30 TO EXCEED feet actual building height GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. l~;t 25, 2009 .)eplember 3, 2009 \~G ~ C. DEVELOPMENT INTENSITY Tract A: The maximum size of the Italian American Club or similar other civic, social or fraternal associations shall be 20,000 square feet gross leasable floor area. Tract B: The maximum development intensity for limited commercial and professional offices and related uses shall be 34,000 square feet of gross leasable area. Of the 34,000 square feet for professional offices and limited commercial uses, the maximum size of financial institutions within the overall general office area shall be 4,000 square feet. Additional square footage beyond the allowable 4,000 square feet is permitted as administrative office space to support the financial institution on a second floor or area that is not accessible to the general public to support the financial institution. D. PARKING Parking for the Italian American Club or other civic, social or fraternal association is based on 1 space per 3 seats to meet their onsite parking needs. (See Exhibit E, Deviation No.1), Parking for special events computed at 1 space per 100 square feet over and above the requirement of 1 space per 3 seats shall be met on the adjacent office building parcel located to the east of the Italian American Club on Tract B to meet their offsite special events parking needs. The Italian American Club or similar type of fraternal organization shall enter into a shared parking agreement within the owner of Tract B of this CPUD to meet their parking requirement for special events. E SPECIAL EVENTS 1. "Special events" shall be defined as those events open to the general public. such as but not limited. to fairs. celebrations. festivals and other such events that require parking on Tract B. 2. Except for "special events." the maximum capacity at the social club on Tract A shall be limited to 300 people. 3. The applicant shall use the shared parking: for any special events on Tract A that necessitate more than 100 parking: spaces. and shall seek a temporary use permit to do so to determine whether adequate parking is available. 4. Temporary grass parking spaces for users of Tract A shall be permitted on Tract B until Tract B is developed. These temporary spaces shall be located along the perimeter of Tract B and shall be compacted. stabilized. well-drained and surfaced with a durable grass cover. In addition. all driveways. access aisles and handicap spaces shall be paved. 5. Once Tract B is developed. parking on Tract B by users of Tract A shall be prohibited during any of the operating hours of the uses permitted on Tract B. including weekends and holidays. August 25, 2009 September 3,2009 \~C 0- 6. No special events shall be permitted on the site past 11 p.m. F. PRESERVE AREA No preserve area is required. G. 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" .,.. -"" -,,, ~ , "'~.. ,..,~._'"<O~,~~._"~,, .f:::-' ~ AB.-14141 I'I'.ll:-:AW AJlDT()AW CLUB Exhibit D LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF THE NORTHEAST QUARTER, OF THE SOUTHEAST QUARTER, OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA: BEING MORE PARTICULARLY DESCRIBEO AS FOllOWS: COMMENCE AT THE'SOUTHEAST CORNER OF SEC1JON 2, TOWNSHIP 49 SOl)TH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE liON N.02014'OO'W,. ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2, FOR A DISTANCE OF 2038,10 FEET; THENCE RUN S,89051'42'W.. PARALLEL WITH THe NORTH LINE OF THE SOUTH 112 OF Tt:tE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID seCTION 2,FOR A DISTANCE OF 100,07 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THE SAME BEING A POINT ON THE WEST RIGHT"()F-WAY LINE OF AIRPORT-PULLING ROAD NORTH, STATE R9AD 31, HAVING A 200,00 FOOT WIDE RIGHT-OF-WAY; THENCE CONTINUE S.89051'42'W.. FOR A DISTANCE OF 660.00 FEET; THENCE RUN N.02014'OO'W,. FOR A DISTANCE OF 330.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF OIVtNGE BLOSSOM DRIVE, HAVING A 200.00 FOOT WIDE RIGHT-OF-WAY; THENCE RUN.N.890S1'42"E.. ALONG THE SOUTH RJGHT-.QF-WAY LINE OF SAID ORANGE BLOSSOM DRIVE, FOR A DISTANCE OFl"OO FEET TO A POINT ON THE 'I'IEsr RIGHT -oF-WAY LINE OF SAID A1RPORT-PUWNG ROAD NORTH; THENCE RU ,02014'OO"E., ALONG THE WEST RIGHT -OF-WAY LINE OF SAID AIRPORT-PULLING ROAD NORTH, FOR A DISTANCE 0 330.00 FEET TO THE POINT OF BEGINNING: CONTAINING 5,00 ACRES, MORE OR LESS. . ... . ----.. .-. "'---"-..- .". \~ ~ EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM THE LDC IT ALlAN AMERICAN CLUBHOUSE CPUD 1. Deviation No.1 seeks relief for Tract A from LDC Subsection 4.05.04,0; Table 17, which requires a minimum of one parking space per 100 square feet for private clubs; or one space per every three seats set up at any given time, whichever is greater to allow the less stringent parking calculation method to prevail so that 83 parking spaces are required for Tract A instead of 200. 2. Deviation No.2 seeks relief from LDC Section 4.05.04 D, parking space requirements, which requires that developers providing parking lots in excess of 200 parking spaces may surface fifteen percent (15%) of the required off~street parking spaces in grass which shall be compacted, stabilized, well drained and surfaced with a durable grass cover to provide additional overflow parking for special events on Tract B. All grass parking spaces shall be located along the outlying perimeter of the parking lot. Driveways, handicapped spaces and access aisles shall be paved. All grassed parking spaces shall be included in the water management calculations for site development plan review. This deviation is to provide additional overflow parking for special events on Tract B. The proposed grassed parking area will be subject to SDP approval. 3. Deviation No.3 seeks relief from LDC Subsection 5.04.05.A.l, Temporary Events, which allows non-renewable permits of up to 14 days' duration for special promotional sales or other similar uses, such that during any calendar year, the sum total of all permits for such events on the site does not exceed 28 days, to permit special events on the site up to eight times a year and up to five days' duration, for a total of 40 days during any calendar year. Such events would be permitted only on weekends, legal holidays and after 5:00 pm weekdays. i , \~U 0 EXHIBIT F DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT IT ALlAN AMERICAN CLUBHOUSE CPUD 1. TRANSPORTATION REQUIREMENTS 1. An Orange Blossom Drivel Airport Road intersection improvement plan prepared by owner must be a viable project and approved by the Transportation Division prior to any zoning action or development order approval; and construction pursuant to an approved plan must be completed prior to the issuance of any certificate of occupancy for any permitted uses other than the Italian American Club or similar civic, social or fraternal organizations, as limited in the TIS. The Italian American Club CPUD fair share is estimated to be 4.84% and payable at the time of issuance of the first building permit. 2. The clubhouse facility and accessory uses for the Italian American Club or similar civic, social or fraternal organizations shall be excluded from the requirements set forth in Section 1, if it can be demonstrated that the transportation impacts of the facility and accessory uses do not require the initiation or construction of Orange Blossom Drivel Airport Road intersection improvements. This determination will be made at the time of SDP approval. 3, The Developer agrees to provide required pedestrian and vehicular interconnections to the parcels to the South and West of this project as approximated by Exhibit C in this document. (Vehicular interconnection to the West is not required). 4. The existing easternmost vehicular access drive onto Orange Blossom Drive shall be removed or permanently closed-otf by the property owner prior to the issuance of any certificate of occupancy for any further development or redevelopment of the site. 5. Anv combination of allowed uses stated in Exhibit A of this PUD shall not be allowed to exceed the maximum sauare footasze or units listed for each cateszorv of use. The trip generation stated in the Traffic Impact Study (TIS) used for the ao{)roval of this zoning action shall be construed as a maximum trip generation (184 total PM peak hour trips: or 126 adiusted. PM peak hour net new external trips) for any combination of the allowed uses. The Fair Share payable at the time of issuance of the first building oermit shall be 4.84% of the improvements to the intersection of Airoort and Orange Blossom Drive. August 25. 2009 j't-V II. DEDICATION OF RIGHT OF WAY 1. The Developer agrees to dedicate at no cost to Collier County two apportioned tracts of roadway easement right of way in fee simple deed, free of any liens or encumbrances, to Collier County within 60 days of the County's written request, as approximated by Exhibit C - CPUD Master Plan, in this document. COMMON SIGNAGE AND ARCHITECTURAL ELEMENTS 1. Development within the CPUD shall have common site, signage and building architectural elements, including on-site directional signs assisting motorists toward southbound egress through the property to the south should access to the south be available onto Airport Road. These commitments will be satisfied at the time of SDP approval. August 25, 2009 V .~~ EXHIBIT G CONDITIONS OF APPROVAL August 25, 2009 1. Parking on Tract B by patrons of the private club on Tract A shall only be pennitted during the club's special events, at which time parking on Tract B shall be permitted by patrons from 6-11 p,m, on weekdays; and on weekends and legal holidays until 11 p,m. 2. No more than 8,500 square feet of the 34,000 square feet of gross leasable area pennitted on Tract B shall be used for medical offices. ~~ ~~ 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 2009-46 Which was adopted by the Board of County Commissioners on the 15th day of September, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of September, 2009. .~ .? (; 6< DWIGHT E, BROCK .-..~- 'f Clerk of Cour~: a'TId/CJ-,e}k '.. Ex-officio to 'OOar,cfBf't: . County Commissi~ers ,'t., " vV,~,-{,;:"J,Oj "_0.' y~~ Polaski, Clerk