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Ordinance 98-060 ORDINANCE 98- 60 Clerk ~N ORDINANCE AMENDING ORDINANCB NUMBER ,~.~Z=.~_~ 91-102, THF, COLLIER COUNTY LAND DEVELOPMENT CODE~ NHICH INCLUDES THE COMPREHENSIVE ~ONING REGULATIONS FOR TH~ UNINCOR~OR~TED AREA OF COLLIER COUNTY, FLORIDA, BY ~MENDING THE OFFICIAL ~ONING ATLAS MA~ NUMBERED 8526N BY CHANGING THE ~ONING CLASSIFICATION O~ ~HE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" ~O "PUD" PLANNED UNIT DEVELOPMENT BUT RAVING THE EFFECT OF AMENDING ~HE SURREY PLACE ~UD TO REVISE PROVISIONS LIMITING CONGREGATB GARB HOUSING AND TO ADD GENERAL AND MEDICAL OFFICE USES TO TRACT A OF THE ~UD, FOR PROPERTY LOCATED ~:: ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846) ONE-HALF (1/2) MILE WEST OF AIRPORT ROAD (C.R. 31), IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 12.3 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE E~' " NUMBER 88-55, THE FORMER SURREY PLACE PUD; AND BY PROVIDING AN EFFECTIVE DATE. ~"" WHEREAS, Robert L. Duane, AICP of Hole, Montes & Associates, Inc., representing National'Health Care L.P., 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 26, Township 48 South, Range 25 East, Collier County, Florida, !.s changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map nun~Dered 8526N, as described in Ordinance Number ~1-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance NunSper 88-55, known as the Surrey Place PUD, adopted on Ovember 8, 1988 by the Board of County Conunissioners of Collier County, is hereby repealed in its entirety. -1- SECTION THREE: 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 c~3 day of~ , 1998. T~T: """ BOARD OF COUNTY COMMISSIONERS .."b~IGHT ~.. BROCK, Clerk COLLIER COUNTY, FLORIDA ..' ~ ",'... .. . BY: roved as ~o Form and 'Legal Su'k~idiency ~i, ordl~e flied wi~h M. S~udent of ~, ~ Assistant County Attorney By. ~ ~~ f/PUD-88-10 (1} -2- EXHIBIT A ~ ~ PLACE PLANNED UNIT Hole, Momes & Anocistek Inc. 71 ~ Tenth Street South Naples, Florida 34102 Tel. (941) 262-4617 TABLE OF CONTENT~ Exl~'bi~ A ~ ~ ofTr~'t A md B Exhi~ B Cooc~'lxxnl PIJD Mas~ Pin SECTION 1 STATEMENT OF COMPLIANCE The development of 12.30 acres of property in Section 26, Range 25 East, Township 48 South, Collier County, Florida as a Planned Unit Development to be known as the Surrey Place PUD will be in compliance with the planning goals and objectives of Collier County for the following r~rls: l.I The project is 'consistent with all applicable elements of the Collier County Growth Management Plan including Policy 5.8 of the Future Land Use Element that permits Adult !.lying Facilities subject to regulations contained in Section 2.6.26 of the Collier County Land Development Code. 1.2 The project incorporates natural systems into either preserve areas or as integral components of the water management system to enhance their natural function. 1.3 The project is compatible with adjacent land uses through the internal arrangements of structures, the placement of land use buffers, and the proposed development standards, as required by Policy 5.4 of the Future Land Use Element. 1.4 All improvements shall be in compliance with all applicable County regulations pertaining to construction and design. 1.5 All Final Development Orders for this Planned Unit Development are subject to the Collier County Concta'rt'ncy Management System, as implemented by Division 3.15 of the Collier CounW Land Development Code. PROJECI' DESCRIPTION. LEGAL DESCRIPTION. SHORT TITLE 2.1 PROPERTY DESCRIPTION Th~ ~ubject prope~ i~ Iocawd on th~ ~ ~& of I~~ R~ ~e ~f mile w~ of Ai~ R~ ~ i~ in ~ 26, ~ge ~ k To~hip 48 ~ ~ ~~ ~i~!y 12.30 ~ of ~. ~e ~ ~y is dMd~ in~ ~o ~. T~ A is ~ !~ of ~ Adult Li~ng F~ili~ (~ on 10.57 ~es. Tact B is pl~ f~ offi~ ~ ~ c~~ 1.73 ~. 2.2 LEG~ D~~ON 8¢¢ sttacl~d legal description, Exhibit A for Tra~ A & B. :2.3 ~J.Q.IE[_IIZI~ This ordinance sl'mll be known and cited as the Surrey Place Planned Unit Development Ordinance. 4 SECTION 3 STATEMENT OF INTEREST AND GENERAL DEVELOPMENT REGULATIONS 3.l pURPOSE The project purpose is to provide for the development of an Adult Living Facility on 10.57 acres on Tract A, located on the west side of Parnu Street. Also, permitted are office uses on Tract B, on 1.73 acres. Both Tracts A and B are depicted on the PUD Master Plan, Exhibit B. 3.2 GENE~L The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Surrey Place Planned Llnit Development shall be in accordance with the contents of this document, the PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) in effect at the time of building permit application. Should these regulations fail to provide specific developmental standards, then the provisions of the most similar zoning district in the Collier County LDC shall apply. B. Unless othenvise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Surrey Place Pig Unit Development shall become part of the regulations which govern the manner in which this site may be developed. D. Development pertained by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Division 3.15 of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance npplicable to this development. 3.3 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. 3.4 EASEMENTS FOR UTILITIES Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Article 3 of the Collier County LDC. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities to insure compliance with applicable regulations in effect at the time, construction plans, site plans or plat approvals are requested, in accordance with Article 3 of the Collier County LDC. 3.5 AMENDMENTS TO TItE ORDINANCE The PUD Master Plan is intended as an iljustrative preliminary development plan and shall be understood to be flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. Amendments to this ordinance and Conceptual PUD Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC, at the time the amendment is requested. 3.6 Parking shall be provided as required by Section 2.6.26 or Division 2.3 of the Collier County LDC, whichever is applicable. 3.7 SUNSET AND MONITORING PROVISIONS The Surrey Place PUD shall be subject to Section 2.7.3.4, Time Limits, for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. 3.8 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces and the water management facilities shall be the responsibility of the owners' association, together with any applicable permits and conditions from applicable local, State, or Federal permitting agencies. 3.9 LANDSCAPING REOUIREMENTS All landscaping requirements, buffers, walls, berms shall be developed in conformance with requirements of Division 2.4 of the Collie County LDC pertaining to landscaping and buffering, however, a portion of the front yard buffer, along Visland Avenue for Tract "A", which includes a portion of the internal drive grving existing development, may average 10 feet in width for a distance of approximately 165 feet. Any planrings required to be provided in thia area that may be displaced as a result of the size or configuration of the buffer area but such displaced planrings shall be provided in other portions of the buffer area. The buffer along VialEd Avenue shall achieve one hundred (100) percent opacity with six montks, after the issuance of a Certificate of Occupancy for the proposed addition. 3.10 SIGNS As provided for within Section 2.5, Signs, of the Collier County LDC. 3. I 1 POLLING PLACE A polling place will be provided in accordance with Section 2.6.30 of the Collier County LDC, as may be determined to be necessary by the Collier County Supervisor of Elections. 3.12 NATIVE VEGETATION Native vegetation shall be preserved in accordance with the applicable requirements of Division 3.9, Vegetation Removal, Protection, and Preservmiort, of the Collier County LDC. SECTION 4 PERMITTED USES AND DEVELOPMENT REGULATIONS 4.1 PUKPOSE A. It is the purpose of this section to outline the development regulations for the project so that the development will proceed in a manner which is consistent with the PUD document and according to the general goals and objectives of the Collier County Growth Management Plan. 4.2 pERMITTED PRINCIPAL USES AND STRUCTURF3 A. Tract "A" I) Skilled Nur~ng 2) Adult Living Facility (ALl:) 3) Adult Day Care 4) Child Day Care 5) Home Health Care 6) Therapy Office/Clinic B. Tra~ "B" !) Profe~ional Office including but not limited to: ~c Clinic Convalet, ent Aida FloriaU Medical Suppliea Medical Offic~ Health Education Ambulatory Stagical Di~no~c Ra~o!~ 4.3 PERIVfi'ITED ACCESSORY USES AND STRUCTURES A. Accessory uses and fauctxn'~ customm'ily associated with uses perrniu. ed in this distri~ B. Cantaken residence, one per parcel of land. C. Three ttKnx.sand (3,000) S.F. of general office for NHC use only to meet local and regional healutw.,are needs on Tract "A". D. Twtnty-~ve hundred (2,500) S.F. of medical use for geriatric can only on Tract 4.4 PROHIBITED USES AND STRUCI1JR~ A. Any uses or fu'uclurcs not specifically, or by reasonable implication, permined heron. 4.5 DffVELOPMENT STANDARDS A. Minimum lot aria: Ten thousand (I0,000) square feet B. Minimum lot width: 100 fee~ C. Minimum yard requirements. I) Fifty (50) feet from all property lin~ except for forty (40) feet from the east and west property line~ of the parcel permitting professional office uses. Crract B) D. Maximum height of stmcture~ 1 ) Thirty-five (35) feet for Tract "A'. 2) Forty-five (45) feet for Tract "B'. E. Minimum floor area of structures I) 1,000 gtuam feet for each principal ~tructur~. 4.6 DEVELOPMENT INTENSITY The Adult Living and Skilled Nursing Facility on Tract A shall b~ in conformance with the requirements of Section 2.6.26 of the Collier County Land Development Code that permits a maximum floor area ratio of .45. SECHON 5 ENYIRONMENTAL STANDARDS 5.1 An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the comse~ation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 5.2 If during the course of site clearing, excavation, or other constructional activities, any archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Current Planning Environmental Staff notified. IX-vclopment will be suspended for a sufficient length of time to enable the Current Planning Environmental Staff or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Current Planning Environmental Staff shall respond to any such notification in a timely and efficient manner so as to provide only a minimal intem~ption to any constructional activities. At the time of SDP submittal, the scrub oak/Gopher tortoise preserve area shall be field surveyed and more accurately shown on the Site Plan to reflect the actual boundary. 5.3 The oak habitat along the western boundary of the parcel, as depicted on the PUD Master Plan, shall be maintained as a conservmion area and fenced off prior to development activity occurring adjacent to it. The petitioner shall maintain the other xeric oak habitat wherever outside of the footprint of the building or infrastructure. If development prohibits preserving individual oak trees in place, the petitioner shall transplant these trees to landscape areas within the development, or to the conservation area. The petitioner shall work closely with the Community Development Division during the tree removal permitting process to determine which trees may be successfully transplanted. 5.4 A habitat management plan for gopher tortoises shall be submitted to Current Planning Environmental Staff for review and approval prior to final site development plan approval. This plan shall address maimchance of the preserve area and exotic vegetation removal, which must be done by hand in the preserve area. 5.5 The PUD shall be consistent with the Environmental sections ofthe Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final development order approval. SECTION 6 TRAFFIC STANDARDS 6.1 All access shall be by way of Parnu Street. Ther~ shall be no direct access to lmmokalee Road. the County Engineer. The signal will b¢ owned, operated and maintained by Collier Cottory. These improvements are considered *site r~lated", as defined in Ordinance 92- 22, and shall not b¢ applied as credits toward any impact fees required by that Ordinance. Ii SECYION 7 UTILITY STANDARD~ 7.1. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project arc to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 7.2 All customers connecting to the water distribution and sewage collection facilities to be constructed will be customera 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 water and/or sewer, customera shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. 7.3 Appropriate easements for any project internal water improvements shall be documented on the construction plato and shall be dedicated to the Collier County Water-Sewer District. 7.4 Constn~ion drawings, technical specifications and all pertinent design information shall be submitted, in accordance with Collier County Ordinance 97- ! 7 or amendments made thereto, and shall be approved prior to the issuance of development construction approval. 12 ENGINEERING STANDARD~ 8.1 D,:xailcd paving grading site drainage and utility plan shall be submitted to Collier County Development Services for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is grantcd by Collier County Development Services. 8.2 Design and cormruction of all improvements shall be subject to compliance with the appropriate provisions of Division 3 of the Collicr County Land Development Code. 8.3 Work within Collier County Hght-of-way shall mcct the requirements of Collier County Right-of-Way Ordinance No. 82-91. 8.4 An Excavation Permit will be r~quircd for the proposed lake(s) in accordance with Division 3.5 of the Collier County Dcvclopmcnt Code and South Florida Water Management District. 8.5 The project water management requirements ar~ goveuaed by an existing South Florida Water Management District permit, It is presumed that responsibility to the County for project approval can be delegated under this permit to the County. 13 LEGAL DESCRIPTION OF TRACT A Lots I, 2, 3, 4 and 5 of SOUTHWINDS ESTATES, according to the Plat thereof recorded in Plat Book I 1 at Pages 16 and 17 of the Public Records of Collier County, Florida AND A parcel of land located in northwest quarter of Section 26, Township 48 South, Range 25 East, Collier County, Florida, king described as follows: # Commencing at the north quarter comer of Section 26, Township 48 South, Range 25 East, Collier County, Florida, the same being a point on the northerly right-of-way line of Immokalee Road, (S,R. 846), a ! 50.00 foot fight.of-way; thence run South 00"36'49" East along the east line of the northwest '/. of the said Section 26 for a distance of 149.98 feet to a point on the southerly fight-of-way line of lmmokalee Road (S.R. 846); thence run South 89'55'29" West along the southerly right-of-way line of !mmokalee Road (S.R. 846) for a distance of 207.05 feet to an intersection with the westerly right. of-way line of Pamu Street, a 60.00 foot right-of-way and the POINT OF BEGINNING of the parcel of !and herein described; thence South 00005'49" East along the westerly right.of-way line of Pamu Street for a distance of 159.88 feet to a point of curvature; thence 40.20 feet along the arc of a curve concave to the west, having a radius of 450.00 feet, a central angle of 5007'07' and a chord of 40.19 feet, beating South 02"'28'04' West to the northeast comer of Lot 5 of Southwinds Estates according to the plat thereof recorded in Plat Book 11 at Pages 16 and 17 of the Public Records of Collier County, Florida; thence South 89'55'35" West along the north line of Lots 1, 2, 3, 4 and 5 of Southwinds Estates for a distance of i 115.00 feet to the northwest comer of the said Lot i; thence run North 00'32'41' West along the northerly prolongation of the westerly line of said Lot I for a distance of 200.01 feet to the southerly right. of-way line of hid lmmokalee Road (S.R. 846); thence along said right-of-way line North 89'55'29" East for a distance of ! ! 18.36 feet to the POINT OF BEGINNING. The above describea an area of approximately 10.57 acres of land. Subject to easements, restrictions and reservations of record. LEGAL DESCRIPTION OF TRACT B Parcel A: A parcel of !and located in the Northeast '/. of the Northwest ¼ of Section 26, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: 14 COMMENCE at the Northeast comer of the Northwest % of Section 26, Township 48 South, Range 25 ~ Collier County, Florida, the same being a point of the Northerly fight-of-way line of lmmokalee Road, S.R. S-846, a I00 foot fight. of-way; Thence run 800"36'49"'E along the East line of the Northwest ¼ of the said Section 26 for a distance of I00.00 feet to a point on the Southerly fight-of-way line of lmmokalcc Road and the point of beginning of the parcel of land herein described, thence continue S(:)0"36'49'~ along the East line of the Northwest ¼ of the said Section 26 for a distance of 250.01 feet to the Northeast comer of Lot 6, Southwinds Estates according to the plat thereof recorded in Plat book 11 at Pages 16 and 17 of the Public Records of Collier County, Florida; thence run S89"56'15"W, along the North line of the said Lot 6 for a distance of 150.49 feet to the Northwest comer of said Lot 6 and a point on the Easterly fight-of- way line of Parnu Street, a 60.00 foot fight. of-way, the same being a point on a circular curve concave to the West, whose radius point bears Ng5°'33'05"W, a distance of 510.00 feet therefrom; thence run Northerly along the arc of said curve to the left, the same being the Easterly fight-of-way line of Pamu Street, having a radius of S10.00 feet, through a central angle of 04"30'39", subtended by a chord of 40.14 feet at a bearing of N02°I I'35"E, for a distance of 40.15 fcet to the end of said curve; thence run N00"03'45"W, along the Easterly fight-of-way line of Parnu Street for a distance of 209.89 feet to a point on the Southerly fight-of-way line of lmmokalcc Rd; thence run N89"'56' 15"E along the Southerly fight-of-way line of lmmokalec Road for a distance of 146.51 feet to the point ofbegirming. LESS AND EXCEPT approximately the North 50 feet thereof which was conveyed to Collier County for road fight-of-way by insmunent recorded in OR Book 1500, page 294, Public Records of Collier County, Florida subject to restfictions and reservations of record. Description from OR Book 1577, pages 564 and 565, Public Records of Collier County, Florida. AND Lot 6, SOUTHWINDS ESTATES, recorded in Plat Book 1 I, Pages 16 and 17, of the Public Records of Collier County, Florida. ~ .............................. ~'~'~'~'~' - ' I ~/~-~~ "--~.-*~~~-~---=----..~~.~ ',., I . . ~ '~,~~:~.u _ ~~~i~~ .. -- ~".! ~1 II~ ~,~ ~~~~~'~~~ /9 ~ fi/Ill ~ ~1 ' ~ ~~~~ ~ ~/'.~..'- /'.,/!//I/ ,~ , J ~% ~~1~-~~ ~~~' j ,~./,. , ~, I ~ ~1~ [ I ~ ~~~ _/~ ' , ..... /l~,. .... ~--~M ~~ ' ~ / 7~~------ / I' I.I , _ x _ _[~~ ~~ ( ~ ~ ~~ _ __ _ ~~~.~, ' ', ~'~ ~/ , , '~~ ~ m ~,~~ ~ ..................... ~*~ ~.~ m~ ~,~~ ~ ....................... ~s~ ~., 0 75 SCA~ ~ET SCALE: ,~ ~~,~~~~~ EXHIBIT "B" ~ 9686~0A~112197 '~' n~~~~~-~' CONCEPTUAL P.U.D. ~,. --,. ~~ ,;[ '.. ~ .; ./ .'.-, '~ ",---, \ . ',~j .[ ~. ~ : · .. .. ~... I · ,/ ~d Il ~ , , I . .~-~/ , r, .. , ~--J ~ - 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 foregoin~ is a true copy of~ ORDINANCE NO. 98-60 Which was adoE)ted by the Board of County Co~nissioners on the 23rd day of June, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of June, 1998. Clerk of Courts and C.i~rk Ex-officio to Board-6f .."' '. >." County Commissioner~.' ' ' ~ "' , ,) ,,'.....,.. . ; ..