Ordinance 99-05 ORDINANCE NO. 99-5
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER
9502N; BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS FOUNTAIN PARK PUD FOR COMMERECIAL USES,
LOCATED AT THE SOUTHWEST CORNER OF AIPRORT-PULLING
ROAD (C.R.-31) AND VANDERBILT BEACH ROAD (C.R.-
862) IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
10.14 ACRES; AND BY PROVIDINGAN EFFECTIVE DATE.
WHEREAS, Keyin McVicker of Phoenix Planning and Engineering,
Inc., representing Ann Dee Development, 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:
SECTION ONE:
The zoning classification of the herein described real
property located in Section 2, Township 49 South, Range 25 East,
Collier County, Florida, is changed from ~A" Agriculture to "PUD"
Planned Unit Development in accordance with the Fountain Park PUD
Document, attached hereto as Exhibit "A" and incorporated by
reference herein. The Official Zoning Atlas Map Number 9502N, as
described in Ordinance Number 91-102, the Collier County Land
Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
-1- I
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County Florida, t l~U~ day of ~j~~ ,
· h' _h ~
1999.
BOARD OF COUNTY COMMISSIONERS
~-> I '../.~,.-. COLLIER COUNTY· FLORIDA ·
........ "; : PAMEL~
- 7.: .~ i .. ',f' '. ' ,' f
,.DWIGHT E. BRICKS. Clerk !4 C AIRWOMAN
gnature'~on,T:~
and Le=~=al SUfficiency
Marj ~ie M. Student
Assistant County Attorney
PUD-98-12 ORDINANCE/
-2-
FOUNTAIN PARK
A
PLANNED UNIT DEVELOPMENT
Regulations and Supporting Master Plan
Governing the Fountain Park PUD A Planned
Unit Development Pursuant to Provisions of
The Collier County Unified Land Development
Code
Prepared For:
Ann Dee Development
533 Turtle Hatch Lane
Naples, FI. 33940
Prepared By:
i
Phoenix Planning & Engineering
1786 Trade Center Way
Suite # 2
Naples, Florida 34109
Date Filed
Date Revised
Date Approved by BCC
ORDINANCE NUMBER
, EXHIBIT "A" '
TABLE OF CONTENTS
Statement of Compliance i
SECTION 1 Property Ownership & Description 1-1
SECTION 2 Project Development Requirements 2-1
SECTION 3 Commercial Plan 3-1
SECTION 4 Development Commitments 4-1
EXHIBIT A Master Plan
STATEMENT OF COMPLIANCE
The development of approximately 10. 14 + / - acres of property in Collier County, as a
Commercial Planned Unit Development to be known as Fountain Park PUD, will be in
compliance with the goals, objectives and policies of Collier County as set forth in the
Growth Management Plan. The project will be consistent with the growth policies, land
development regulations and applicable comprehensive planning objectives of each of the
elements of the Growth Management Plan for the following reasons:
Activity C. enter Development ;
1. The subject property is located in an area identified as an Activity Center in
the Collier County Growth Management Plan.
2. ACtivity Centers are the preferred locations for the concentration of :
commercial and development activities that contain a mixture of uses.
3. The subject tract is located at 350' South of the comer of Airport,pulling Road
(CR-31) and Vanderbilt Beach Road (CR-862) intersection. This strategic
location allows the site superior access for the placement of commercial
activities.
4. The project is in compliance with all applicable County regulations including
, the' growth Management Plan.
5. Th~ project will be ierved by a complete range of services and utilities as
approved by the County and/or the City of Naples. "
6. The project is compatible with adjacent land uses through the internal
arrangement of structures, the placement of land use buffers, and the
proposed development standards contained herein.
7. Thd Planned Unit Development includes open spaces and n~turalized open
A features which serve as project amenities.
0) ,
SECTION 1
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property,
and to describe the existing conditions of the property proposed to be developed
under the project name of Fountain Park PUD.
1.2 LEGAL DESCRIPTION
PROPERTY DESCRIPTION
THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4. SECTION 2,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPTING THE EAST
100 FEET PREVIOUSLY GRANTED TO THE STATE OF FLORIDA FOR HIGHWAY PURPOSES.
.THE NORTH HALF (N 1/2) OF THE SOUTHEAST QUARTER (SE 1./4) OF THE NORTHEAST QUARTER (NE 1/4)
OF THE NORTHEAST QUARTER (N'E 1/4) OF SECTION 2, TOWNSH/P 49 SOUTH, P, LANGE 25 EAST, COLLIER
COUNTY, FLORIDA LESS AND EXCEPTING THE EAST 100'FEET THEREOF PREVIOUSLY DEEDED TO THE
STATE OF FLORIDA. :
CONTAINING 10.14 ACRES MORE OR LESS. '; :
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of The Vanderbilt Beach Road Land
Trust. Trust distribution as follows: Carla Collins Smith 25%, Roger and Florence Collins
50%, and Christopher Smith 25%. Ann Dee Development has a Purchase and Sale Agreement
to purchase the property for the intended use of retail and office development.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located in section 2, Township 49 South,
Range 25 East, just South of the Southwest corner of the intersection of Airport-Pulling
Road and Vanderbilt Beach Road. The property is currently vacant.
B. The zoning classification of the subject property prior to the date of this
approved PUD Document was A.
1.5 PHYSICAL DESCRIPTION
Elevations within the project site range ~'om 8.0 to 14.0 feet NGVD. All of the site
is in Flood Zone "X" according to Firm Map i20067-0385 D, effective date of June
3, 1986.
The soil types on the site are Immokalee fine sand Basinger fine sand.
1.6 PROJECT DESCRIPTION
The project will be a high quality commercial park with a maximum of
72,000 gross square feet of commercial development.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Fountain Park PUD Planned Unit
Development Ordinance".
(1-2)
SECTION 2
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses
of the tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development o.fFountain Park PUD shall be in accordance with
the contents of this document, PUD-Planned Unit Development District and
other applicable sections and pans of the Collier County Land Development
Code and Growth Management Plan in effect at :the time of building permit application..
Where these regulations fail to provide developmental standards then the provisions of
the most similar district in the Collier County Land Development Code shall
apply.
· B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the
time of building permit application.
C. All conditions imposed for the development of Fountain Park PUD shall become
· . pan of the regulations which go.vern the manner in which the PUD site may
' be developed ~
: D. Except as modified by this PUD:, the provisions 6fthe Collier County Land
· ; : Development Code remain in full force and effect with respect to the
development of the land which comprises this PUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities Section of the Collier County Land Development Code at the
earliest or next to occur of either final SDP approval, final plat approval or
building permit issuance applicable to this development.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Conceptual Master Plan is iljustrated graphically by Exhibit "A",
PUD Master Plan. The project shall have a maximum of 72,000 gross square
feet of commercial development.
'(2-1) '
SECTION 3
COMMERCIAL PLAN
3.1 PURPOSE
The purpose of this Section is to identify the type of Commercial Uses and
development standards that will be applied to the 10.14 +/- acre Fountain ParkPUD. The
entire site will be developed as a commercial project with two tracts to determine uses. '
All numerical group references are from the "Standard Industrial Classification Manual - 1987".
5.2 USES PERMITTED
;
No building or structure or part thereof, shall be i~rected, altered or used or land
uses, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures Tract A:
1. Agricultural Services (groups 07,41 except outdoor kenneling, 0742 except outdoor~
kenneling, 0752-0783 except outdoor kenneling).I
2. Amusements and recreation services (groups 791 i-7941, 7991-7993, 7997, 7999).
3. Apparel and accessory stores (groups 5611-5699).
4. Automotive dealers and gasoline service stations (groups 551, 5531, 5541 with
· . services and repairs as described in section 2.6.28 of the Collier County Land
i Development Code and Groups, 5571, 5599 new~vehicles only).
: 5i Building materials, hardware and'garden supplies ~groups 5231-5261 ).
6. Business services (groups 73 11-7352, 7359 except airplane, industrial truck, portable
toilet and oil field equipment renting and leasing, groups 7361-7393 except armored
car and dog rental, group 7389 except auctioneering, bronzing, field warehousing,
salvaging of damaged merchandise).
7. Commercial printing (group 2752; excluding newspapers).
8. Eating and drinking establishments (groups 5812, 5813) excluding bottle clubs. All
establishments engaged in the retail sale of alcoholic bevarages for on-premise
consumption are subject to the locational requirements of section 2.6.10 of the Collier
County Land Development Code.
9. Engineering, accounting, research, management and related services (groups 8711-
8748).
(3-1) '
10. Food stores (groups 5411-5499).
11. General merchandise stores (groups 53 11-5399).
12. Glass and glazing work (group 1793).
13. Hardware stores (group 5251 ).
14. Health services (groups 80.11-8049, 8051-8059, 8062-8069, 8071-8072, and 8092'
8099).
15. Home furniture, furnishings and equipment stores, (groups 5712-5719, 5722, 573 1-
5736). ;
16. Hotels and motels (group 7011).
17. Insurance agents, brokers and service (group 6411 ).
18. Legal Services (group 8111 ).
19. Membership organizations (groups 8611-8699).
20. Miscellaneous repair services, except aircraft, business and office machines, large
appliances, and white goods such as refrigerators and washing machines (groups 7629-
763 1 ).
21. Miscellaneous retail (group~ 5912-5963, 5992-5999).
22. Motion picture theaters (gr6up 7832).
'~ :
23. Museums and art galleries (group 8412).
24. Nondepository credit institutions (groups 6111-6163).
25. Paint, glass and wailpaper store (groups 523 1 ).
26. Personal services (groups 7215, 7217, 7219-7261 exc,~pt crematories, groups 7291-
7299).
27. Public administration (groups 9111-9199, 9229, 93 11, 9411-9451~ 9511-9532, 9611-
9661).
28. Real estate (group 6512).
0-2) '
29. Retail nurseries, lawn and garden suply stores (group 5261).
30. Security and commodity brokers, dealer, exchanges and services (group 6211-6289).
31. Social services (groups 8322-8399, except for homeless shelters and soup kitchens).
32. United States Postal Service (group 4311 except major distribution center).
33. Veterinary services (groups 0742, 0752 excluding outside kenneling),
34. Videotape rental (group 7481 ).
35. Vocational schools (groups 8243-8299).
B. Permitted Pr. incipaI Uses and Structures Tract B:
1. Agricultural Services (groups 0741 except outdoor kenneling, 0742 except Outdoor
kenneling, 0752-0783 except outdoor kenneling).
2. Apparel and accessory stores (groups 5611-5699).
3. Building materials, hardware and garden supplies (groups 523 1-5261).
4. Business services (groups 73 11-7352, 7359 except airplane, industrial truck, portable
toilet and oil field equipment renting and leasing, groups 7361-7393 except armored
ear and dog rental, g/oup 7389 except auetioneering, bronzing, field warehodsing,
salvaging of damaged merchandise).
, 5. Commercial printing (group 2752, excluding newspapers).
6. Engineering, accounting, research, management and related services (groups 8711-
8748).
7. Food stores (groups 5411-5499).
' 8. General merchandise stores (groups 53 11-5399).
9. Glass and glazing work (group 1793).
10, Hardware stores (group 5251).
11. Health services (groups 8011-8049, 8051-8059, 8062-8069, 8071-8072, and 8092-
8099).
12. Home furniture, furnishings and equipment stores, (groups 5712-5719, 5722, 5731-
5736).
13. Insurance agents, brokers and service (group 6411 ).
14. Legal Services (group 8111).
15. Membership organizations (groups 8611-8699).
16. Miscellaneous repair services, except aircraft, business and office machines, large
appliances, and white goods such as refrigerators and washing machines (groups 7629-
763 1 ).
17. Miscellaneous retail (groups 5912i5963, 5992-5999).
18. Museums and art'galleries (group 8412).
19. Nondepository credit institutions (groups 6111-6163).
20. Paint, glass and wallpaper store (group 523 1 ).
21. Personal services (groups 7215, 7217, 7219-7261 except crematedes, groups 7291 -
7299).
22. Public administration (groups 9111-9199, 9229, 9311, 9411-9451 9511-9532, 9611-
9661).
:
23. Real estate (group 6512).
24. Retail nurseries, lawn and garden supply stores (group 5261).
25. Security and commodity brokers, dealer, exchanges and sin, ices (group 6211-6289).
26. Social services (groups 8322-8399, except for homeless shelters and soup kitchens).
27. United States Postal Service (group 4311 except major distribution center).
28. Veterinary services (groups 0742, 0752 excluding outside kermeling).
29. Videotape rental (group 7841 ).
30. Vocational schools (groups 8243-8299).
B. Permitted Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with principal uses
permitted in this district.
3.3 DIMENSIONAL STANDARDS
The following dimensional standards shall apply to all permitted and accessory uses:
A. Minimum Lot Area: Ten Thousand (10,000) Square Feet.
B. Minimum Lot Width: One Hundred (100') Feet
C. Minimum Yard Requirements:
1. Front Yard: Twenty-five feet (25')'
2. Side Yard: : Fifteen feet (15') ·
3. Rear Yard: Fifteen feet (15')
4. Waterfront: Twenty-five feet (25')~
5. Building Separation for
Principal Structures Fifteen feet (15') or distance equal to one
half (1/2) the sum of their heights,
whichever is the greater.
D. Maximum Height: Fifty feet (50') for Tract "A"; Thirty Five Feet (35') for Tract "B".
E. 'Min'imum Floor Area of Principal Structure: Se;cen Hundred (700)
Square Feet gross floor area
: i for each building on the'
' : '~ ground ~oor~
F. Minimum Off-Street Parking and Off-Street Loading:
As required in Division 2.3, Collier County Land Development Code.
G. Landscaping and Buffering:
1. As required in Division 2.4 and 2.8, Collier County Land Development Code
2. A six foot opaque fence shall be provided along tennis court line.
'
3. 4 Signs
A. General
1. Sign regulations of Division 2.5 of the Collier County Land Development
Code shall apply unless such regulations are in conflict with the conditions set
forth in this section.
2. , For the purpose of this PUD Document/Ordinance, each platted parcel shall
be considered a separate parcel of land and shall be entitled to any sign as
permitted herein.
3. ~Should any of the signs be requested to be placed withit~ the public right'Of-
· way, a right-of-Way permit must be applied for and approved.
4. All signs shall be located so as not to cause sight distance problems.
5. · Rights-of-way may be utilized for decorative landscaped entrance features and
Signage if prior approval is received from Engineering Review Services.
I
SECTION 4
DEVELOPMENT COMMITMENTS
4. 1 PURPOSE
The purpose of this Section is to set forth the development commitments for the development
of the project.
4. 2' GENERAL
All facilities shall be constructed in strict accordance with the Final Site Development
Plan and all applicable State and local laws, codes and regulations applicable to this
PUD. Except where specifically noted or stated otherwise, the standards and
specifications of the official County Land Development Code shall apply to this
project. The developer, his successor and assigns, shall be responsible for the
commitments outlined in this document.
The developer, his successor or assignee, shall follow the Master Plan and
the regulations of the PUD as adopted and any other conditions or modifications as
may be agreed to in the rezoning of the property. In addition, any successor or
assignee in title to the developer shall be responsible for any commitments within this
agreement.
4. 3 PUD MASTER PLAN
Exhibit "A!', PUD Master Plan iljustrates the propi~sed development and is
conceptual_ in nature. Proposed tract, lot or land use boundaries or.. special
land use boundaries shall not be constructed to be *final and may be' varied at
any subsequent approval phase. Subject to the provisions of Section 2.7.3.5
of the Land Development Code, changes and amendments may be made from
time to time.
B. All necessary easements, dedications or other instruments shall be 8ranted to
insure the continued operation and maintenance of. all service utilities and all
common areas in the project.
4. 4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION
This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the
Land Development Code.
(4-1)
4. S TRANSPOR TA TION
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. Arterial level street lighting shall be provided at all project entrances. Said Improvement
shall be in place prior to the issuance of any Certificates of Occupancy.
4. 6 WATER MANAGEMENT
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
;
A. Big Cypress right-of-way permit and discharge permit shall be mbmitted prior to final
Site plan / Construction plan approval.
B. WaterManagement design and construction shall conform to Division 3.3.5.5.5.4 of the
Collier, County Land Development Code. :
4. 7 UTILITIES
The development of this PUD Master Plan shall be subject and governed by the following
conditions:
A. 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 Colleer County Ordinance No.
: 88-76, as amended, and other applicable County rules regulations.
B. All cusitomers connecting to the water distribution and sewage icoIlection facilities to be
constructed will be customers of the County and will be billed by the County in
accordance with the County's established rates. Should the County not be in a position
to provide sewer service to the project, the sewer customers shall be customers of the
interim utility established to serve the project until the County's offsite sewer facilities
are available to serve the project.
C. Prior to approval of construction documents b~r the County, the developer must present
'~ verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service
Commission has granted territorial rights to the developer to provide sewer service to
the project until the County can provide these services through its sewer facilities.
(4-2)
ENGINEERING
The development of this PUD Master plan shall' be subject and governed by the following
conditions:
A. This project shall be required to meet all County ordinances in effect at the time of final
Site plan / Construction plan approval.
B. Design and construction of all improvements shall be subject to compliance with
appropriate provisions of the Collier. County Land Development Code, Division
Subdivision.
4. 9 ENVIRONMENTAL
i
The development of this PUD Master Plan shall be subject to and govemed by the
following conditions:
A. Wetland Jurisdiction determinations and, if necessary, permits from the U.S. Army Corps
of Engineers (ACOE) and the SouthFlorida Water Management District (SFWMD)
shall be presented prior to final Site / Construction plan approval.
:
B. An appropriate portion of Native vegetation shall be retained on site as required in
Section 3.9.5.5.4 Collier County Land Development Code.
C. An Exotic vegetation removal, monitoring, and maintenace (exotic free) plan for the site
shall be submitted to current Planning Environmental Staff for review and approval prior
to final Site plan / Construction plan approval.
(4-3)
,.,.~:~..~ ~ FOUNTAIN PARK COMMERCIAL CENTER
..... f -- ~ Pf..ANNED ~NIT DEVELOPMENT
I ~ ~1 I
I
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~ ~ ~ ,,~ ~ _J
¢O[.LIER COUNTY LANO'OEVELOPM~[NT COOl[
I CONCEPTUAL MASTER PLAN
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 copy of:
ORDINANCE NO. 99-5
Which was adopted by the Board of County Commissioners on the
26th day of January, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 1st day of December,
1998.
DWIGHT E. BROCK
Clerk of Courts
Ex-officio to~
By: