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Ordinance 98-010 ORDINANCE NO. 98- ~0 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS ~OR THE UNINCORPORATED AREA OF COLLIER COUNTY, FL0~IDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER GGE01; BY CHANGING THE ZONING CLASSIFICATION THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT KNO~ CLESEN PUD FOR COMMERCIAL USES, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD ~.R. 896), WEST OF THE INTERSECTION OF PINE RIDGE RDAD (C.R. 896) AND INTERSTATE 75, TRACT 92, GOLDEN GATE ESTATES UNIT 35, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.33 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning Shoppe and Beau Keene, P.E., of Green, Keene & Erek, Inc., representing Frank Clesen & Sons, 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: SECTION ONE: The zoning classification of the herein described real property located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, is changed from "E" Estates to "PUD" Planned Unit Development in accordance with the Clesen PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number GGE01, 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ]0th day of February , 1998. BOARD OF COUNTY COMMISSIONERS ~ o" >' .~y.,: COLLIER COUNTY, FLORIDA ATTEST: ," · ' ' BY:~ !"D "' ' " Approve~l as to Form and Legal Sufficiency Assistant County Attorney f/PUD-97-12 ORDINANCE/ CLESEN PUD A PLANNED INIT DEVELBPMENT PREPARED FOR: RICHARD J. CLESEN, PRESIDENT FRANK CLESEN & SONS, INC. 316 FLORENCE AVENUE EVANSTON, ILLINOIS 60202-3298 PREPARED BY: W3LLIAM L. HOOVER, AICP HOOVER PLANNING SHOPPE 5051 CASTELLO DRIVE, SUITE 220 NAPLES, FL 34103 BEAU KEENE, P.E. 240 AVIATION DRIVE NAPLES, FLORIDA 34104 DATE FILED JUlY 29, 1997 DATE REVISED December 3, 1997 DATE REVIEWED BY CCPC January 15. 1998 DATE APPROVED BY BCC February 10. 1998 ORDINANCE NUMBER 98-1n TABLE OF CONTENTS PAGE TABLE OF CONTENTS i LIST OF EXHIBITS ii STATEMENT (')F COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 4 SECTION III COMMERCIAL AREAS PLAN 6 SECTION IV DEVELOPMENT COMMITMENTS 12 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN EXHIBIT B CONCEPTUAL WATER MANAGEMENT/UTILITY PLAN EXHIBIT C SKETCH OF REAR WALL STATEMENT OF COMPLIANCE The development of approximately 4,33 acres of property in Collier County, as a Planned Unit Development to be known as the C1esen PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The corninertial facilities of the Clesen PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commerdal Distdct in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. 2. The subject property is located on the noRhem side of Pine Ridge Road, approximately 1000 feet east of the intersection between Whippoorwill Lane and Pine Ridge Road. This strategic location allows the site superior access for the location of highway interchange land uses, as permitted by the Future Land Use Element. 3. The subject property's location in relation to exisUng or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The subject project will have a shared access, with the adjacent tract to the west and the subject parcel will provide an access easement for both properties to the east, so that all 4 properties can utilize only a single access onto Pine Ridge Road. Such access point is a designated access point on the Collier County Access Management Plan, as described in Policy 4.4 of the Future Land Use Element. 5. The project development is compatible and complementary to existing end future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 6. The project shall be in compliance with all applicable County regulations including the Gro~h Management Plan. 7. All final local development orders for this project are subject to DMsion 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the h3cation and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Clesen PUD. 1.2 LEGAL DESCRIPTION The subject property being 4.33 acres, and located in Section 7, Township 49 South, and Range 26 East, is described as: Tract 92, Golden Gate Estates Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Flodda. 1.3 p. ROPERTY OWNERSHIP The subject property is owned by: Frank Clesen & Sons, Inc., Attention: Richard J. Clesen, President, 316 Florence Avenue, Evanston, Illinois 60202-3298. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the northern side of Pine Ridge Rood approximately 1,000 feet east of the intersection between Whippoorwill Lane and Pine Ridge Rood (unincorporated Collier County), Flodda. B. The property is currently vacant. The entire project site currently has Estates Zoning and is proposed to be rezoned to PUD. 1.5 pHYSICAL DESCRIPTION The project site is located within the 1-75 canal basi~.l ms shown on the Collier County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the 1- 75 canal system. The project will be designed for a storm event of 3-day duration and 25-year return frequency as well as water quality In accordance with the rules of South Flodda Water Management District. 2 Elevations of the property range from 11.5 feet NGVD to 12.0 feet NGVD, with an average existing grade of 11.7 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Paneffit120067 0425 D). The soil type of the project is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The site has been previously farmed and is classified as Fallow Crop Land according to FLUCCS. 1.6 PROJECT DESCRIPTION The Clesen PUD will include a mixture of commercial and office uses. The Clesen PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and radiities. Uniform guidelines and standards Will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Master Plan is iljustrated graphically on Exhibit "A", PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. 1.7 ~ This Ordinance shall be known and cited as the "Clesen Planned Unit Development Ordinance". f° , SECTION II PROJECT DEVELOPMENT REQU|REMENTS 2.1 PURPOSE The purpose of this Sealion is to delineate and generally describe the project plan of development, relationships to applicable Count,/ordinances, the respective land uses of the tracts included in the project, as well as other projed relationships. 2.2 GENE~L A. Regulations for development of the Clesen PUD shell be in accordance with the contents of this document, PUD-Planned Unit Develcpment District, applicable sections and pans of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or buildin9 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 ell terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restri~ons for the development of the Clesen PUD shell become pert of the regulations which govern the manner in which the PUD s/re may be developed. D. Unless spec~lly waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effed. 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 of the Collier County Land Development Code at the eadiesL or next, to occur of either Final Site Deveiopment Plan approval, Final Rat approval, or building permit issuance applicable to this deveioprnent. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan. B. Minor modifications to Exhibit "A', may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the vadous areas and spedtic items shown in Exhibit "A", easements such as (utility, pdvate, semi-public, etc.) shall be established and/or vacated within or along the property, as may be necessary. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENT~ A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document. any division of the property and the development of the land shell be in compliance with the Subdivision Regulations and the platting laws of the State of Flodda. B. The provisions of Dh,~ion 3.3, Site Development Plans of the Land Development Code, w~':en applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastn. K;~ural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 NVIENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Arnexlments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Sealion is to identify spedtic development standards for Areas "A", "B", and "C" of the site as shown on Exhibit "A", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated on the PUD Master Plan am intended to provide commercial land uses, especi, ally those serving travelers, and office uses. The 4.33 acre site is located on the nodhem side of Pine Ridge Road approximately 1000 feet east of the intersection between Whippoor~:ll Lane and Pine Ridge Road. It is also designated an Interstate Activity Center. 3.3 PERMITTED USES No building, structure or pad thereof, shall be erected, altered or used, or land used, in whole or part. for other than the following: A. Area "A" Permitted PdndDal Uses and Strudures: 1. Open Space. 2. Stormwater Management Areas. B. Area "B" Permitted Principal Uses and Structures: 1. Apparel and Accessory stores (groups 5611 - 5699). 2. Depositon/Institutions [groups 6021-6062 (Commercial Banks, Savings Institutions, and Credit Unions)]. 3. Eating Places (group 5812, sit-down restaurants only). 4. Food Stores (groups 5411 indudlng supermarkets but not convenience stores, 5421 - 5499 except no roadside sales). 5. General Merchandise Stores (groups 5311 - 5399). 6. Health Services (groups 8011 - 8049, 8082). 6 7. Home Furniture, Fumishings and Equipment Sores (groups 5712 - 5736), 8. Hotels and Motels (group 7011). 9. Insurance Agents. Brokers, and Services (group 6411). 10. Legal Services (group 8111). 11. Miscellaneous Retail [group 5912 (Drug Stores), 5941 (Sporting Goods), 5942 (Book Stores). 5946 (Camera Stores), 5992 (Florists), 5994 (Newstands), and 5995 (Opticel Goods)]. 12. Pafnt and Wallpaper Stores (group 5231 except glass stores). 13. Personal Services (group 7212 Dry-cleaning and laundry pickup stations only, 7215. 7217, 7219- 7261 except crematories. 7291). 14. Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). 15. Real Estate Agents and Managers (group 6531). 16. Travel Agencies (group 4724). 17. Video Tape Rental (group 7641). 18. Any other commercial use or professional service which is comparable in nature with the foregoing uses. C. Area "C" Permitted Princioal Uses and Structures 1. All Permitted Prindpal Uses for Area "B" as described within this PUD Document. 2. AL,rtO Supply Stores (group 5531). 3. Eating Races (group 5812). 4. Any other commerdal use or professional service which Is comparable in nature with the foregoing uses. D. Accessory Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 2. The sale of alcoholic beverages for on-premise consumption is permitted accessory to eating places (group 5812) as provided for in Section 3.3. The sale of alcoholic beverages is limited to a maximum of 30% of the gross annual receipts for such eating places. The business owner(s) shall submit an annual report to the Collier County Planning Director on or before Apdl 15 of each calendar year evidencing that the revenue derived from the sale of alcoholic beverages did not exceed 30% of the gross revenue of said establishment for the preceding year. This report shall be prepared by or attested to by a certified public accountant. 3. Loud speakers and public address systems are prohibited. 3.4 DEVELOPMENT ~TANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot W~dth: Seventy-five (75) feet. C, Minimum Yards: (1) Principal structures: (a) Front Yard - Twenty-five (25) feet. (b) Front Yard Along Livingston Woods Lane - Eighty-two and one-half (82.5) feet. (c) Side Yard - Ten (10) feat. (d) Side Yard External to the PUD - Fifteen (15) feet. (e) Roar Yard - Fifteen (15) feet. (2) Accessory Strudures: Setbacks shall be as required by Division 2.8.2 of the Land Development Code in effed at time of building permit application. 8 However, all accesson/structures shall be sethack a minimum of eighty-two (82.5) feet from LMngston Woods Lane. D, Distance Between and Number of Prindoal Structural; Twenty (20) feet. Pdndpal structures shall be limited to three (3) buildings. E. Minimum Floor Area: Seven hundred (700) square feet for the pdndpal structure on the first habitable floor. F. Maximum Hetaht: Three (3) stodes not to exceed thirty-five (35) feet. Hotels and motels constructed to a height of three (3) stodes shall not have any windows or balconies on the upper story facing the north. G. Off-Street Parkins and Losdine Reauirsments: As required by Division 2.3 of the Land Development Cede in effect at the time of building permit application. H. Ooen So>ace ReQuirements: A minimum of thirty (30) percent open space of the gross area for the entire PUD. excluding the thirty (30) foot wide R.O.W. easement within Livingston Woods Lane, shall be devoted to open space, as described in Section 2.2.20.3,5 of the Land Development Code. (1) Area "A" of the PUD Master Plan shall contain a minimum of ,55 acre of open space. (2) Area "B" of the PUD Master shaft contain a minimum of .30 acre of open space. (3) Area "C" of the PUD Master Plan shall contain a minimum of .38 acre of open space. I. Buffedno ReQuirements; (1) A twenty (20) foot wide Type 'D' Buffer shall be provided along Pine Ridge Road, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. 9 (2) A ten (10) foot wide Type 'A' Buffer shall be provided along the eastern/western PUD boundaries, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. If the site is simultaneously developed, as a single project, with the abutting property to the east or west, such buffer along this common boundary shall not be required and shell be identified on the site development plan for the simultaneous development. (3) A twenty (20) foot wide Type "D" Buffer sharl be provided along Livingston Woods Lane, with more stringent screening than required in Section 2.4.7.4 of the Collier County Land Development Code. Trees shall be spaced a minimum of fifteen (15) feet on- center and a single row of shrubs shall be spaced a minimum of th/ee (3) feet on-center, with both trees and shrubs located on the northern 8ida of an eight (8) foot tall architedurally finished opaque masonry wall. Such wall shall have a common architeduml theme with the other buildings and signage within the PUD as described in Section 4.8B. of this PUD Document and be installed and maintained with a finished side out towards Uvingston Wood Lane. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. This buffer shall be installed as a required improvement for the first Site Development Plan within the subjed PUD. Additionally, between the wall and the nodhem boundary of Area "B', there shall be planted at least fifteen (15) Red Maples trees, or similar spades, that are at least eight (8) feet tall. (4) Buffedng between Area "B' and Area 'C' of the PUD, shall be a fwe (5) foot wide buffer along both sides of the paved roadway, with treee spaced a minimum of twenty (20) foot on-center and a single row of shrubs spaced a minimum of three (3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. (5) Buffedng between other internal parcels within Area 'B' or Area 'C' of the PUD, shall be a rTve (5) foot wide buffer along each parcel to be developed, with trees spaced a minimum of twenty (20) foot on- center and a single row of shrubs spaced a minimum of three (3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. (6) Buffedng between Area 'B' and Area "A" shall not be required. (7) Required landscaping shall be maintained, and where it dies, such landscaping 8hall be replaced within ninety (90) days. 10 J. Sions Signs shall be permitted as described in Sealion 2.5 of the Collier County Land Development Code except pole signs, as described in Section 2.5.5.2.3.1 shall not be permitted. Ground signs, as described in Section 2.5.5.2.3.1, shall be permitted but shall not exceed a maximum height of eight (8) feet. Signage shall also meet the architeduml standards further described in Section 4.8B. of this PUD Document. K. Solid Waste Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.8B, of this PUD Document. L LLgJ:LtjQg Pole lighting shall be prohibited. Architedurally finished lampposts not exceeding a height of twenty (20) feet shall be permitted within Area 'C' and not exceeding a height of twelve (12) feet shall be permitted within Area 'B'. Lighting shall meet the architedural standards further described in Section 4.8B. of this PUD Document. Lighting shall be designed so that glare does not extend off-site onto residenUal probedies. 11 SECTION IV DEVELOPM--'-NT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this project. 4.2 GENERAL All radiities shall be constructed in strtd accordance with Final Site Development Plans, Final Sul:;division Plans 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 even if the land within the PUD is not to be platted. 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 PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the mzoning of the property. In addition, any successor or assignee in t/tie shall be subject to any commitments wff. hin this agreemenL 4.3 pUD MASTER PLAN A Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas In the project. 12 4.4 ~;CHEDULE OF DEV1ELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal, The project is proposed to be completed in several phases. A. The landowners shall proceed and be govemed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Cede. B. Monitoring ReDoR: An annual monitoring report shall be submitted pursuant to Section 2.7.3.8 of the Collier County Land Development Code. Except as otherwise provided within this PUD Document, this pmjed shall be required to meet all County Ordinances in effect at the time final construdion documents are submitted for development approval. B. If the property is subdivided into three (3) or more parcels. a plat shall be required. C. Prior to Final Site Development Plan approval, the developer shall provide survey evidence of a positive connection to the 1-75 Canal, including culvert locations, sizes, and slopes of swales. D. The petitioner shall be responsible for identifying and confirming the muting and capacity of storm water drainage outfall. 4.6 ~ A. Water distribution, sewage collection and transmission, and intedm water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rulee and regulations. B. AJI customers connecting to the water distribution and sewage collection radiities to be construded will be customers of the County and will be billed by the County in accordance with the County'a established rates. C. This project shall be serviced with a central sewer system. 13 4.7 TRAFFIC A. The internal roadway design shall prohibit traffic from the corninertial zone onto Livingston Wood Lane. B. Petitioner shall provide a future cross-access to the abuffing parcel to the east or dedicate the east-west roadway as a public road, pdor to Final Site Development Plan approval, A. Pursuant to Section 2.2.25,8.1 of the Land Development Code, if dudng the cou'rse of site deadng, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Depadment contacted. B. All buildings, lighting, signage, landscaping and visible architecture infnastructure shall be architecturally and ae~thetically unffied, and shall comply with the Architectural and Site Design Guidelines and Standards of the Land Development Code. Said unffied architectural theme shall include: a similar architedural design and use of similar materials and colors throughout all of the buildings, signs. and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. All buildings shall be primarily finished in light colors except for decorative tdm. All roofs must be tile or metal and shall be peaked. Decorative parepet walls shall be constructed above the roof lines on flat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. 4.9 ENVIRONMENTAL A. An appropriate portion of native vegetation shaft be retained on-site as required in Section 3.9.5.5.4 of the Land Development Code. B. An exotic vegetation, removal. monltodng, and maintenance (exotic free) plan for the site shall be submitted to Current Pinning environmental staff for review and approval pdor to Final Site Development Plan/constnjdion plan approval. 14 LJVINCSTON ~ ~ ~ SKETCHOFREAR. WALL 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. 98-10 Which was adopted by the Board of County Commissioners on the 10th day of February, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of C6unty Commissioners of Collier County, Florida, this 13th day of February, 1998. Clerk of Courts anc~?61erk Ex-officio to Board~of County CommissioneYe .-' .' '. ~'... ;~, <~.r~2..' By: Ellie offman '~li"'n~ ''~' Deputy Clerk