Ordinance 2009-53
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ORDINANCE NO. 09- 53
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
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
RURAL AGRICULTURAL (A) ZONING DISTRICT TO
A MIXED USE PLANNED UNIT DEVELOPMENT
(MPUD) ZONING DISTRICT FOR THE PROJECT TO
BE KNOWN AS THE GOOD TURN CENTER MPUD,
TO ALLOW CONSTRUCTION OF A MAXIMUM OF
100,000 SQUARE FEET OF COMMERCIAL LAND
USES AND/OR A VARIETY OF SKILLED NURSING
CARE FACILITY USES WITH A MAXIMUM OF 200
UNITS, IN SECTION 14, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 9.5+/- ACRES; AND BY PROVIDING
AN EFFECTIVE DATE.
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WHEREAS, Wayne Arnold, AICP of Q. Grady Minor, Inc. and Richard Yovanovich of
Coleman, Yovanovich & Koester, P.A., representing Collier Rattlesnake LLC, 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 14,
Township 50 South, Range 26 East, Collier County, Florida, is changed from a Rural
Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning
District for the 9.5+/- acre project to be known as the Good Turn Center MPUD, to allow
construction of a maximum of 100,000 square feet of commercial land uses and/or a variety of
skilled nursing care facility uses with a maximum of 200 units in accordance with the MPUD
Document, attached hereto as Exhibits "A" through "E" and incorporated by reference herein.
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 DUL Y ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this J 3*' day of () d-o bt"r , 2009.
ATTEST:
DWIGHT It. ~~RU
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ole
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
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DO A FIALA, Chairman
Approved as to form and
legal sufficiency:
!LAol A Ute)
~di Ashton-Cicko
Assistant County Attorney
Attachments:
Exhibit A: Permitted Uses
Exhibit B: Development Standards
Exhibit C: Master Plan
Exhibit D: Legal Description
Exhibit E: List of Developer Commitments
CP\09-CPS-00970\5
'f1.\1~ bfdl'rt6t1c'e filed wh" ltle
S~Htory of Sta~..O~e
~dayof Pi.
tlnd acknowledgement-of that
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. 'Deputy . tel'k
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EXHIBIT A
FOR
GOOD TURN CENTER MPUD
PERMITTED USES:
A maximum of 100,000 sq, ft, of commercial land uses and up to 200 group housing units shall
be permitted, 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:
Commercial Tract - C
A. Principal Uses:
1, Administration of economic programs
Groups 9611 - Administration of general economic programs
9621 - Regulation and administration of transportation programs
9631 - Regulation and administration of communications, electric, gas,
and other utilities
9641 - Regulation of agricultural marketing and commodities
9651 - Regulation, licensing, and inspection of miscellaneous
commercial sectors
2. Administration of environmental quality and housing programs
Groups 9511 - Air and water resource and solid waste management
9512 - Land, mineral, wildlife, and forest conservation
9531 - Administration of housing programs
9532 - Administration of urban planning and community and rural
development
3. Administration of human resource programs
Groups 9411 - Administration of educational programs
9431 - Administration of public health programs
9451 - Administration of veterans' affairs, except health and insurance
4. Agricultural services
Groups 0781 -landscape counseling and planning
5. Amusement and recreation services
Groups 7911 - Dance studios, schools, and halls
7991 - Physical fitness facilities, including tanning salons
7999 - Amusement and recreation services, not elsewhere classified,
including only golf driving range, judo/karate instruction,
moped/motorcycle rental, bicycle rental, and yoga instruction
6. Apparel and accessory stores
Groups 5611 - Men's and boys' clothing and accessory stores
5621 - Women's clothing stores
5632 - Women's accessory and specialty stores, specifically excluding
adult oriented sales or rentals
5641 - Children's and infants' wear stores
5651 - Family clothing stores
5661 - Shoe stores
5699 - Miscellaneous apparel and accessory stores
7. Automotive dealers and gasoline service stations
Exhibits A-E (Rev 12)(lO-13-09),doc
Page 1
AR-12773 / GTCPUD
Groups 5531 - Auto and home supply stores
5541 - Gasoline service stations
8, Automotive repair, services and parking
Groups 7514 - Passenger car rental
7515 - Passenger car leasing
7532 - Top, body, and upholstery repair shops and paint shops
7533 - Automotive exhaust system repair shops
7534 - Tire retreading and repair shops
7536 - Automotive glass replacement shops
7537 - Automotive transmission repair shops
7538 - General automotive repair shops
7539 - Automotive repair shops, not elsewhere classified
7542 - Carwashes
7549 - Automotive services, except repair and carwashes
9. Building materials, hardware, garden supply, and mobile home dealers
Groups 5211 - Lumber and other building materials dealer
5231 - Paint, glass, and wallpaper stores
5251 - Hardware stores
5261 - Retail nurseries, lawn and garden supply stores
10. Business services
Groups 7311 - Advertising agencies
7313 - Radio, television, and publishers' advertising representatives
7319 - Advertising, not elsewhere classified
7322 - Adjustment and collection services
7323 - Credit reporting services
7331 - Direct mail advertising services
7334 - Photocopying and duplicating services
7335 - Commercial photography
7336 - Commercial art and graphic design
7338 - Secretarial and court reporting services
7352 - Medical equipment rental and leasing
7371 - Computer programming services
7372 - Prepackaged software
7373 - Computer integrated systems design
7374 - Computer processing and data preparation and processing
services
7375 -Information retrieval services
7376 - Computer facilities management services
7377 - Computer rental and leasing
7378 - Computer maintenance and repair
7379 - Computer related services, not elsewhere classified
7383 - News syndicates
11. Membership organizations
Group 8661 - Religious organizations
12. Depository institutions
Groups 6011 - Federal reserve banks
6019 - Central reserve depository institutions, not elsewhere classified
6021 - National commercial banks
6022 - State commercial banks
6029 - Commercial banks, not elsewhere classified
6035 - Savings institutions, federally chartered
Exhibits A-E (Rev 12)(lO-13-09).doc
Page 2
AR-12773 / GTCPUD
6036 - Savings institutions, not federally chartered
6061 - Credit unions, federally chartered
6062 - Credit unions, not federally chartered
6081 - Branches and agencies of foreign banks
6082 - Foreign trade and international banking institutions
6091 - Non-deposit trust facilities
13. Eating and drinking places
Groups 5812 - Eating places, including indoor and outdoor seating with no
amplified music or televisions
14. Educational services
Groups 8243 - Data processing schools
8244 - Business and secretarial schools
8249 - Vocational schools, not elsewhere classified
8299 - Schools and educational services, not elsewhere classified
15. Engineering, accounting, research, management, and related services
Groups 8711 - Engineering services
8712 - Architectural services
8713 - Surveying services
8721 - Accounting, auditing, and bookkeeping services
8731 - Commercial physical and biological research
8732 - Commercial economic, sociological, and educational research
8733 - Noncommercial research organizations
8734 - Testing laboratories
8741 - Management services
8742 - Management consulting services
8743 - Public relations services
8748 - Business consulting services, not elsewhere classified
16. Essential services (Section 2.01.03 of the LDC)
17. Executive, legislative, and general government, except finance
Groups 9111 - Executive offices
9121 - Legislative bodies
9131 - Executive and legislative offices combined
9199 - General government, not elsewhere classified
18. Food Stores
Groups 5411 - Grocery stores
5421 - Meat and fish (seafood) markets, including freezer provisioners
5431 - Fruit and vegetable markets
5441 - Candy, nut, and confectionery stores
5451 - Dairy products stores
5461 - Retail bakeries
5499 - Miscellaneous food stores
19. General merchandise stores
Groups 5311 - Department stores
5399 - Miscellaneous general merchandise stores
20. Health services
Groups 8011 - Offices and clinics of doctors of medicine
8021 - Offices and clinics of dentists
8031 - Offices and clinics of doctors of osteopathy
Exhibits A-E (Rev 12)(10-13-09).doc
Page 3
AR-12773 / GTCPUD
8041 - Offices and clinics of chiropractors
8042 - Offices and clinics of optometrists
8043 - Offices and clinics of podiatrists
8049 - Offices and clinics of health practitioners, not elsewhere
classified
8071 - Medical laboratories
8072 - Dental laboratories
8082 - Home health care services
8092 - Kidney dialysis centers
21. Holding and other Investment offices
Groups 6712 - Offices of bank holding companies
6719 - Offices of holding companies, not elsewhere classified
6722 - Management investment offices, open-end
6726 - Unit investment trusts, face-amount certificate offices, and
closed-end management investment offices
6732 - Educational, religious, and charitable trusts
6733 - Trusts, except educational, religious, and charitable
6792 - Oil royalty traders
6794 - Patent owners and lessors
6798 - Real estate investment trusts
6799 -Investors, not elsewhere classified
22. Home furniture, furnishings and equipment stores
Groups 5712 - Furniture stores
5713 - Floor covering stores
5714 - Drapery, curtain, and upholstery stores
5722 - Household appliance stores
5731 - Radio, television, and consumer electronics stores
5734 - Computer and computer software stores
5735 - Record and prerecorded tape stores, specifically excluding adult
oriented sales or rentals
5736 - Musical instrument stores
23. Insurance agents, brokers and service
Group 6411 - Insurance agents, brokers, and service
24. Insurance carriers
Groups 6311 - Life insurance
6321 - Accident and health insurance
6324 - Hospital and medical service plans
6331 - Fire, marine, and casualty insurance
6351 - Surety insurance
6361 - Title insurance
25, Justice, public order, and safety
Groups 9211 - Courts
9221 - Police protection
9222 - Legal counsel and prosecution
9224 - Fire protection
9229 - Public order and safety, not elsewhere classified
26. Legal services - Group 8111
27. Membership organizations
Groups 8611 - Business associations
Exhibits A-E (Rev 12)(IO-13-09).doc
Page 4
AR-12773 / GTCPUD
8621 - Professional membership organizations
8631 - Labor unions and similar labor organizations
8641 - Civic, social, and fraternal associations
8651 - Political Organizations
28, Miscellaneous retail
Groups 5912 - Drug stores and proprietary stores
5921 - Liquor stores
5932 - Used merchandise stores, including only antique stores
5941 - Sporting goods stores and bicycle shops
5942 - Book Stores, excluding adult oriented stores
5943 - Stationery Stores
5944 - Jewelry Stores
5945 - Hobby, toy, and game shops
5946 - Camera and photographic supply stores
5947 - Gift, novelty, and souvenir shops
5948 - Luggage and leather goods stores
5949 - Sewing, needlework, and piece goods stores
5961 - Catalog and mail-order houses
5962 - Automatic merchandising machine operators
5963 - Direct selling establishments
5992 - Florists
5993 - Tobacco stores and stands
5994 - News dealers and newsstands
5995 - Optical goods stores
5999 - Miscellaneous retail stores, not elsewhere classified
29. Miscellaneous services
Group 8999 - Services, not elsewhere classified
30. Non-depository credit institutions
Groups 6162 - Mortgage bankers and loan correspondents
6163 - Loan brokers
31. Personal services
Groups 7212 - Garment pressing, and agents for laundries and drycleaners
7221 - Photographic studios, portrait
7231 - Beauty shops
7241 - Barber shops
7291 - Tax return preparation services
32. Public finance, taxation, and monetary policy - Group 9311
33. Real estate
Groups 6531 - Real estate agents and managers
6541 - Title abstract offices
6552 - Land subdividers and developers, except cemeteries
34. Security and commodity brokers, dealers, exchanges, and services
Groups 6211 - Security brokers, dealers, and flotation companies
6221 - Commodity contracts brokers and dealers
6231 - Security and commodity exchanges
6282 - I nvestment advice
6289 - Services allied with the exchange of securities or commodities,
not elsewhere classified
Exhibits A-E (Rev 12)(10-13-09),doc
Page 5
AR-12773 / GTCPUD
35. Social services
Groups 8331 - Job training and vocational rehabilitation services
8351 - Child day care services
8399 - Social services, not elsewhere classified
36. Veterinarian service - Group 0742
37. Video tape rental- Group 7841, excluding adult oriented sales
B. Accessory Uses/Structures:
1. Signs, water management, essential services, covered parking, nature trails, indoor
and outdoor recreational facilities. Signage shall be permitted in accordance with the
standards of the Land Development Code (LDC).
2. Other accessory uses and structures customarily permitted for a principal use.
C, Prohibited Uses
1. Residential care (Group 8361, including soup kitchens and homeless shelters,
alcohol and drug rehabilitation centers, homes for emotionally disturbed, juvenile
correction homes, orphanages and self help group homes)
2, Hospitals
Groups 8063 - Psychiatric hospitals
8069 - Specialty hospitals, except psychiatric
8093 - Specialty outpatient facilities, not elsewhere classified
Community Facility Tract - CF
A. Principal Uses:
1. Health services
Skilled nursing care facilities (Assisted living facilities, independent
living facilities for persons over age 55, continuing care retirement
communities, and nursing homes (maximum FAR of 0.6, not to exceed
200 units))
B. Accessory Uses/Structures:
1. Signs, water management, essential services, covered parking, nature trails, indoor
and outdoor recreational facilities. Signage shall be permitted in accordance with the
standards of the Land Development Code (LDC).
2. Other accessory uses and structures customarily permitted for a principal use,
3. Beauty and barber shops, resident dining (including serving of alcohol), and other
personal services related to assisted living facilities, independent living facilities for
persons over age 55, continuing care retirement communities, and nursing homes,
The uses are limited to use by residents and their guests.
Exhibits A-E (Rev 12)(lO-13-09).doc
Page 6
AR-12773 / GTCPUD
C. Operational Characteristics:
The developer of the independent living units and retirement community, its successors
or assigns, shall provide the following services and/or be subject to the following
operational standards:
1. The facility shall be for residents 55 years of age and older.
2. There shall be on-site dining for the residents.
3, Group transportation services shall be provided for residents for the purposes of
grocery and other types of shopping. Individual transportation services shall be
coordinated for the residents' individualized needs including but not limited to
medical office visits.
4. There shall be an on-site manager/activities coordinator to assist residents with their
individual needs. The manager/coordinator shall also be responsible for arranging
trips to off-site events as well as planning for lectures, movies, music and other
entertainment for the residents at the on-site clubhouse.
5. A wellness center shall be provided on-site. Exercise and other fitness programs
shall be provided for the residents.
6, Each unit shall be equipped with devices provided to notify emergency service
providers in the event of a medical or other emergency.
7. For independent living units each unit shall be designed so that a resident is able to
age-in-place. For example, kitchens may be easily retrofitted to lower the sink to
accommodate a wheelchair bound resident or bathrooms may be retrofitted to add
grab bars.
D. Prohibited Uses
1. Residential care (Group 8361, including soup kitchens and homeless shelters,
alcohol and drug rehabilitation centers, homes for emotionally disturbed, juvenile
correction homes, orphanages and self help group homes)
2, Hospitals
Groups 8063 - Psychiatric hospitals
8069 - Specialty hospitals, except psychiatric
8093 - Specialty outpatient facilities, not elsewhere classified
Preserve Tract
A. Principal Uses:
1. Passive recreation and walking trails.
Exhibits A-E (Rev 12)(IO-13-09).doc
Page 7
AR-12773 / GTCPUD
EXHIBIT B
FOR
GOOD TURN CENTER MPUD
DEVELOPMENT STANDARDS:
Table I below sets forth the development standards for land uses within the MPUD. Standards
not specifically set forth herein shall be those specified in applicable sections of the Land
Development Code in effect as of the date of approval of the Site Development Plan (SDP) or
Subdivision plat.
TABLE I
DEVELOPMENT STANDARDS FOR MIXED USE DISTRICT
C TRACT CF TRACT
PRINCIPAL STRUCTURES
.
MINIMUM LOT AREA 5,000 square feet 10,000 square feet
MINIMUM LOT WIDTH 75 Ft. 100 Ft.
MINIMUM SETBACKS (External)
Front 25 Ft. 25 Ft.
Side 25 Ft. 25 Ft.
Rear 40 Ft. 40 Ft.
MINIMUM SETBACKS (Internal)
Internal Drives/Right-of- 10Ft. 10Ft.
way/Property Lines
Preserve 25 Ft. 25 Ft.
MIN. DISTANCE BETWEEN 20 Ft. or % sum of Building heights* 20 Ft. or % sum of Building
STRUCTURES heights*
MAXIMUM HEIGHT Zoned Height - 3 stories over parking, Zoned Height - 3 stories over
not to exceed 45 Ft. parking, not to exceed 45 Ft.
Actual Height - 3 stories over parking Actual Height - 3 stories over
not to exceed 55 ft. oarkinc not to exceed 55 ft.
MAX. GROSS LEASABLE AREA** 100,000 Sq. Ft. FAR 0,6
ACCESSORY USES
MINIMUM SETBACKS (External)
Front 25 Ft. 25 Ft.
Side 15 Ft. 15 Ft.
Rear 15 Ft. 15 Ft.
MINIMUM SETBACKS (Internal)
Internal Drives/Right-of- OFt. OFt.
way/Property Lines
Preserve 10Ft. 10Ft.
MIN. DISTANCE BETWEEN S.P.S S.P.S
STRUCTURES
MAXIMUM HEIGHT 25 Ft. 25 Ft.
*whichever is greater
**Applies to commercial and office uses. Any use subject to an FAR will be subject to the square feet permitted
under that FAR
S,P.S.: Same as Principal Structures.
Exhibits A-E (Rev 12)(10-13-09).doc
Page 8
AR-12773 / GTCPUD
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EXHIBIT D
FOR
GOOD TURN CENTER MPUD
LEGAL DESCRIPTION
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 14, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00032'56" EAST
ALONG THE WEST LINE OF SAID SECTION 14 FOR A DISTANCE OF 669.64 FEET;
THENCE RUN NORTH 8r18'49" EAST FOR A DISTANCE OF 100.16 FEET TO THE EAST
RIGHT-OF-WAY LINE OF COUNTY ROAD 951, SAID POINT ALSO BEING THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN NORTH
00032'56" EAST ALONG SAID EAST RIGHT-OF-WAY LINE FOR A DISTANCE OF 334.85
FEET; THENCE RUN NORTH 8r17'55" EAST FOR A DISTANCE OF 1,237.58 FEET;
THENCE RUN SOUTH 00031'41" WEST FOR A DISTANCE OF 335.16 FEET; THENCE RUN
SOUTH 8r18'49" WEST FOR A DISTANCE OF 1,237.68 FEET TO THE POINT OF
BEGINNING, CONTAINING 9.503 ACRES, MORE OR LESS.
Exhibits A-E (Rev 12)(lO-13-09).doc
Page 10
AR-12773 / GTCPUD
EXHIBIT E
FOR
GOOD TURN CENTER MPUD
LIST OF DEVELOPER COMMITMENTS
Regulations for development of the Good Turn Center MPUD shall be in accordance with the
contents of this MPUD 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 MPUD Ordinance does not provide development standards, then the
provisions of the specific sections of the LDC that are otherwise applicable shall apply.
1. TRANSPORTATION
A. The owner agrees to contribute its fair share toward the following intersections with
planned improvements that are within the developments significant impacts: a)
Rattlesnake Hammock at Collier Boulevard; b) Collier Boulevard at Davis Blvd; c)
Rattlesnake Hammock at Grand Lely Drive; d) Rattlesnake Hammock at Polly
Avenue. All fair share payments shall be completed prior to the issuance of the first
certificate of occupancy.
B. The Good Turn Center MPUD shall share access to CR-951 with the Hammock Park
Commerce Centre PUD.
C. Any combination of uses listed in Exhibit A of this document may be proposed within
this development, but shall be limited to a maximum combined weekday p.m. peak
hour trip generation of 626 total project trips (up to 478 net new external trips).
2. PLANNING
A. The Good Turn Center MPUD will have an integrated and common building
architectural style. Where multiple buildings are constructed within the MPUD, all
buildings shall be constructed using like exterior building materials and color palate.
B. The developer, its successors or assignee shall provide to any potential resident a
disclosure statement with respect to the noise that is associated with the Swamp
Buggy Races located at 8250 Collier Boulevard, Naples, FL, and the location of this
CPUD to that establishment. The statement must be presented to the potential
buyer prior to entering into any sales contract.
Exhibits A-E (Rev 12)(10-13-09).doc
Page 11
AR-12773 / GTCPUD
I
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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 2009-53
Which was adopted by the Board of County Commissioners
on the 13th day of October, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of October, 2009.
DWIGHT E. BROCK
Clerk of Courts ~~~nfA~rk
Ex-officio to B~tG-."Ot:'{'2'
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County commlS~r?~'j::l, ". .'.t~ \
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Teresa PolasW~\~.~(l'" .. .
Deputy Clerk '~..t