Ordinance 97-28 ORDINANCE NO. 97-28
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 T'
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
9536S; BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
INDUSTRIAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN
AS PROGENY COMMERCE CENTER FOR INDUSTRIAL USES,
LOCATED TWO BLOCKS EAST OF AIRPORT PULLING ROAD ON
THE NORTH SIDE OF RADIO ROAD, IN SECTION 36,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 9.27 ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Thomas E. Killen, representing Progeny
Corporation, 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 36, Township 49 South, Range 25 East,
Collier County, Florida, is changed from "I" Industrial to "PUD"
Planned Unit Development in accordance with the Progeny Commerce
Center PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas Map
Number 9536S, 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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this J day of r~r=z_~
1997.
.... .............. BOARD OF COUNTY COMMISSIONERS
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
ASSISTANT COUNTY ATTORNEY
P~YD-97-70SDIMANCE!
Thls ordinance f|!~d w;th the
'f;H r ~lved this ~ d~/
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TH~PROGANY COMMERC~,f~'E'NTER
A
PLA~ ~IT D~~
R~ATIONS AND SUPPORTING MAS~ PLAN ~NI~G ~
PR~ANY ~O~CE C~R A PLANH~ ~IT D~PM~ PURSUANT
~ PROVISIONS OF COLLIR COU~Y LAND D~P~ CODE.
PREPARED FOR:
PROGAN~ CORPORATION
3527 RADIO ROAD
NAPLES, FLORIDA 34104
PREPARED
THOMAS E. KILLEN
ARCHITECT & PLANNER
NAPLES, FLORIDA 34109
DATE REVISED BY CCPC
DATE APPROVED BY BCC ___fi~4~/97
ORDINANCE NUNBER 97-28
AMENDNENT AND REPEAL
Exhibi~ ~A~
e
TABLE OF COr~TENT8
PAGE
TABLE OF CONTENT i
LIST OF EXHIBITS ii
STATEMENT OF COMPLIANCE
· SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1 thru 2
SECTION II PROJECT DEVFJ~OPMENT I thru 2
SECTION Ill COMMERCIAL AREAS PLAN 1 thru 2
SECTION IV DEVELOPMENT COMMITMENTS , 1 thru 4
i
LIST OF EXHIBITS
EXHIBIT "A" PUD Master Plan
STATEMENT OF COMPLIANCE
The development of en approximate 9.27 acre tract of property in
Collier County, as a Planned Unit Development to be known as The
Progeny Commerce Center and will be in compliance sith the
planning goals and objectives of'Collier County as set forth in
the Growth Management Plan. Xn particular The Urban District of
the Collier County Future Land Use Element pp. LV-1-39.
Cosaercial Project
1. The property is designated Industrial on the Future Land Use
Map to the Future Land Use Element of the Growth Management
Plan. The Future Land Element provides for transitional uses
at the perimeter of industrially designated areas which may
include appropriate types of commercial uses.The
introduction of some commercial uses of the type herein
proposed is therefor ,:onsistent with the transitional use
theme for perimeter uses at the boundary of Industrially
Designated Areas.
2. The subject tract is located tNo blocks east of Airport-
' Pulling Road on Radio Road. This strategic location allows
the site superior access for the placement of commercial
activities.
3. The property shall be in compliance with all applicable
County regulations including'the Growth Management Plan.
4. The project sill be served by a complete range of services
and utilities as approved by the County.
5. The project is compatible sith adjacent land uses through
the Collier County Future Land Use Element.
6. All final local development orders for this project are
subject to the Collier County Adequate Public Facilities
Ordinance. °
iii
SECTION l
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 na-e of Progeny Commerce Center.
1,2 LEGAL DESCRIPTION
The subject property being 9.27 acres, is described as:
Section 36, Township 4b South, Range 25 East, E
SE 1/4, SW 1/4, and W 1/2, SE 1/4, SE 1/4, SW 1/4, less the
South 70 feet thereof, Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of
Progeny Corporation, 3527 Radio Road, Naples, Florida 34104
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located in Section 36, Township 49
South, Range 25 East, 3527 Radio Road, Naples, Florida
34104
B. The zoning classification of the subject property prior
to the date of this approved POD 'Document was
Industrial (X).
1-1
PHYSICAL DESCRIPTIO~
The project is comprised primarily of existing Warehouse
Facilities and open storage. The project is presently
serviced by Collier County Utilities for sanitary se~er and
the City of Naples Utilities for Nater.
Elevations .ithin the project site range from 6.8 to 10.0
feet above mean sea level. Most of the area, he.ever, falls
Nitbin the 8.3 to 9.3 feet of elevation category. The
existing site has been filled. The amount of caprock is
minimal. All of the site is in Flood Zone X according to
Firm Map 0394-D.
The soil type on the site is primarily lmmokalee fine sand.
Soil characteristics .ere derived from Soil Survey of
Collier County, Florida, issued by the U.S. Department of
Agriculture [Soil Conservation Service) in March ~954.
SHORT TITLE
Thin Ordinance shall be kno,n and cited as the "Progeny
Commerce Center Development Cx'dinance".
SECTION I l
PROJECT DEVKLOPNENT RF~UIRENENTS
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 of The Progeny Commerce
Center shall be in accordance with the contents of this
document, PUD-Planned Unit Development District and
other applicable sections and parts of the Collier
County Land Development Code and Growth Nanagement Plan
in effect at th~ time ~f building p~rmit application.
Where these regulation~ fail to provide developmental
standards, then the provisions of the most similar
district in the County Land Development Code shall
· apply.
B. Unless otherwise noted, the definitions of all terms
are the same as the definitions set forth in Collier
County Land Development Code in effect at the time
building permit application.
C. All conditions imposed and all graphic material
presented depicting restrictions for the development of
The Progeny Commerce Center shall become part of the
regulations which govern the manner in which the PUD
site may be developed.
D. Unless modified, waived or excepted by this PUD, the
provisions of other sections of the land development
code where applicable remain in full fbrce 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
at the earliest or next to occur of either final SDP
approval, final plat approval, or building permit
issuance applicable to this development.
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2.3 pESCRIFTION OF PROJEGT PLAN AND PROPOSED La~D USES
A. The project Master Plan, including layout of streets
and use of land, is iljustrated graphically by Exhibit
"A", PUD Master Development Plan. Separate tracts may
be established at a subsequent time frame depending
upon the sequenue of development decisions.
B. Xn addition to the various area and specific items
shown in Exhibit "A", such easements as necessary
(utility, private, semi-public, etc.) shall be
established within or along the various Tracts as may
be necessary.
SECTION lll
LAND USE PI~N
3.1 PURPOSE
The purpose of this Section is to identify the type of land
uses and development standards that will be applied to
development areas so designated on Exhibit "A".
3.2 USES PERMITTED
No building.or structure or part thereof, shall be erected,
altered or used, or land used, in whole or part, for other
then the following:
PERMITTED USES
1. Any use of land authorized as a permitted use Ln the
"l" Industrial and "BP" Business Park Zoning District
· pursuant to the Sections 2.2.16.2.1, 2.2.~6-1/2.2.1 of
the Land Development Code by reference is hereby made a
part of this PUD.
2. Home Furniture, Furnishings and Equipment Stores
per Section 2.2.~5.2.1.6 of the Land Development Code.
3. Building Material, Hardware and Garden Supply per
Section 2.2.~5-1/2.2.1.5 of the Land Development Ccxie.
3.3 DEVELOPMENT STANDARDS
Dimensional Standards
A. MINIMUM LOT AREA: Ten thousand (10,000) square feet.
B. MINIMUM LOT HIDTH: Seventy-five feet (~5').
e C. MINIMUM YARD REQUIREMENTS:
(i) From Radio Road - Fifty (50) feet.
(ii) From Perimeter Boundary - Twenty-five (25)
feet.
(ili) From Internal Driveways - Ten (10) feet.
(iv) Between Buildings. (Side yards).
Unified Plan - 1/2 the sum of the height of
walls from one another but not less than
fifteen (15) feet.
On Individual Fee Owned Lots. - Ten
feet.
(v} Where this PUD does not provide specific
standards Section 2.2.16.4 Dimensional
Standard of the Land Development Code shall
apply.
D. MAXIMUM HEIGHT: Fifty feet (50').
E. ~!M_U~_.._FbgQB .... ~EA OF PRINCIPAL ~T~GTU~S__.' One
thousand (1,000) square feet for each building on the
ground floor.
F. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS:
Off-street parking and Off-street loading requirements
per Division 2.3 of the Land Development Code shall be
required. Individual Tracts may have separate and
exclusive accessways and parking areas or may, in any
combination of Tracts, share accessways and parking
lots, so that any two or more of the Tracts can
function together as a single shopping center. Any such
shared accessways or shared parking facilities shall be
formally recognized by publicly recorded easements.
O. LANDSCAPING: As required in Division 2.4 of the Land
Development Code except that the width of the landscape
buffer along Radio Road shall be twenty (20) feet.
The landscape buffer along the Radio Road frontage
shall be constructed in conjunction with the first
final site development plan approval. No chain length
fence shall be allowed within the Radio Road required
landscape buffer.
H. MERCHANDISE STORAGE AND DISPLAY: Unless specifically
permitted for a use, outside storage or display of
merchandise is prohibited.
I. SIGNS: As required in Division 2.5 of the LDC.
J. ARCHITECTURAL STANDARDS: The provisions of Division
2.8 Architectural and Site Design Guidelines and
Standards shall apply to those uses authorized under
Section 3.2.
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SECTION IV
DEVET~DPMENT 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 facilit~es shall be cons'~ructed in strict accordance
with Final Site Development Plans, Final Subdivision Plans
and all a~plicable State and local laws, codes and
regulations applicable to this PUD. Except where
specifically noted or st&ted otherwise, the standards and
specifications of Division 3.2. of the 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 agree to
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. Xn addition, any
successors in title or assignee'~ of the developer are bound
by the commitments within this document.
4.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan iljustrates the proposed
development and is conceptual in nature. Proposed
tract, lot or land use boundaries or special land use
boundaries shall not be construed to be final and may
be varied at any subseq~ent approval phase as may be
required at the time of final platting or site
development plan application. Subject to the provisions
of Section 2.7.3.5 of the 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 oi all service utilities end
all common areas in the project.
4.4 SIGNS
All signs shall be in accordance with Division 2.5. of the
Land Development Code
4.5 ENVIRONMENTAL AND LANDSCAPING
ENVIRONMENTAL
An exotic vegetation removal, monitoring, and maintenance
(exotic-free) plan for the site shall be submitted to
Current Planning Environmental Review Staff for review and
approval prior to final site plan/construction plan
approval. '
LANDSCAPING
All landscaping for parking erase shall be in accordance
with the Division 2.4. of the Collier County Land
Development Code in effect at the time of building permit
· application, except as otherwise herein provided.
ENGINEERING
A. The Developer is required to satisfy the requirements
of all County ordinances or codes in effect prior to or
c. Dncurrent with any subsequent development order
relating to this site. This includes, but is not
limited to, Preliminary Subdivision Plats, Site
Development Plans, and any other application that will
result in the issuance of a final or final local
development order.
B. Platting is required in'accordance with Collier County
Subdivision Regulations, if any lots, tracts, or
parcels are to be sold.
C. Access to each parcel of land created as a result of
platting shall be limited to the internal street
system.
D. Work within the Collier county right-of-way shall meet
the requirements of the Collier County Rights-of-Way
Ordinance No. 93-64.
E. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions
of the Collier County Land Development Code, Division
3.2.
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4.7 UTILITIES
The development of this PUD Mas~er Plan shall be subject to
and governed by the following conditions:
A. The sewage collection and transmission system to serve
this project is to be designed, constructed, conveyed
and/or owned and maintained in accordance with Collier
county Ordinance 88-76, as amended, and all other
applicable State, Federal and County rules, regulations
and policies.
Sanitary sewer facilities constructed within platted
public ,rights-of-say shall be conveyed to the Collier
County Water/Sewer District for ownership, operation
and maintenance. Sanitary sewer facilities constructed
in private easements and/or private platted rights-of-
say shall be owned, o~erated and maintained by the
developer, his assigns or successors.
B. Upon completion of construction of the sanitary sewer
facilities within the project, the facilities shall be
tested to insure they meet Collier County minimum
· requirements at which time they will be conveyed to
Collier County and/or remain under.private ownership,
prior to being placed into service.
C. The developer, his assigns or successors agree to pay
all system development charges at the time building
permits are required, pursuant to appropriate County
Ordinances and Regulations in effect at the time of
permit request. This requirement shall be made known to
all prospective buyers of properties for which building
permits will be required prior to the start of building
construction.
D. Water service will be provided to the site by the City
of Naples.
4.8 TRANSPORTATION
e A. Arterial level street lighting shall be provided at all
project access points shun an internal roadway is
established which interconnects with Radio Road.
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B. There is an existing eastbound direction median opening
located at the existing driveway entrance near the
eastern end of the property. In addition, there is &
full median opening located at the western property
access. In the event this property i~ redeveloped from
mini-storage and outside storage, the provisions of
Ordinance 93-64 will require that westbound right turn
lanes be installed. Compensating right-of-way shall be
required as a consequenC.s of the installation of this
turn lane at the time of Final site development plan
approval and pursuant to the provisions of Section
2.2.20.3.7 of the Land Development Code. In the event
the applicant does not comply with the requirements of
Resolution 92-422, the Collier County Access Management
Policy,! the existing median openings and median turn
lanes shall be subject to removal.
C. Prior to any re-development of the property, a positive
drainage outfall shall be identified.
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. 97-28
Which was adoptedby the Board of County Commissioners on the 24th day
of June, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 27th day of June,
1997.
DWIGHT E. BROCK ~ -.
Clerk of Courts and:ielerk
Ex-officio to Board~of
County Commissione~ :-
~By: Maureen Kenyon :,..~ .
Deputy Clerk