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Ordinance 97-41 ORDINANCE 97-4] 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 ~24ENDING THE OFFICIAL ZONING ATLAS MAP O }]UMBERED 8603N BY CHANGING THE ZONING .. CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS BREEZEWOOD, FOR PROPERTY LOCATED IN THE SOUTHWEST CORNER OF THE IMMOKALEE ROAD (C.R. 846} AND 1-75 INTERCHANGE ACTIVITY CENTER, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.4 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 89-95, AS AMENDED, THE FORMER BREEZEWOOD PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 19, 1996, the Board of County Commissioners of Collier County, Florida, pursuant to Section 2.7.3.4. of the Collier County Land Development Code directed the property owner Fredrick R. Pauly, Trustee of Pauly Realty, Incorporated, the developer of the Breezewood PUD, to amend Ordinance Number 89-95, as amended, the Breezewood Planned Unit Development Document, in order to bring the PUD into compliance with the Collier County Growth Management Plan and Land Development Code; and WHEREAS, Robert L. Duane of Hole, Montes & Associates, representing Frederick R. Pauly, Trustee, 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 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in ~ccordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8603N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. -1- SECTION TWO: Ordinance Nu~d~er 89-95, as amended, known as the Breezewood PUD, adopted on December 19, 1989 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the epartment of State· PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this F7~ day o~, 1997. · · BOARD OF COUNTY COMMISSIONERS · ~,DERK ~ '." ~.. . . MARJO~E M. STUDENT o~ ~~ ASSISTANT COUNTY ATTORNEY By E/PUD-89-14(1) ORDIN~aqCE/ ~2- BREEZEWOOD PLANNED UNIT DEVELOPMENT HMA FILE NO. 88.101A Prepared By Hole, Montes& Associates, Inc. 715 10m Street South Naples, Florida 33940 May 15, 1997 Revised August 13, 1997 Exhibit "A" : TABLE OF CONTENTS SECTION I STATEMENT OF COMPLIANCE .................................................... 1 SECTION II PROPERTY OWNERSH/P, LEGAL DESCRIPTION, SHORT TITLE AND UNIFIED CONTROL .....................................................2 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION ...................... 3 SECTION IV GENERAL DEVELOPMENT KEGULATIONS ....................................... 4-9 SECTION V ENVIRONMENTAL STANDARDS ...................................................... 10 SECTION VI TRANSPORTATION REQUIREMENTS ................................................. l l SECTION VII UTILITIES REQUIREMENTS ............................................................12o14 SECTION VIII WATER MANAGEMENT REQUIREMENTS ........................................... 15 LIST OF F3CHIBITS EXHIBIT A PUD MASTER PLAN EXHIBIT B SECTION I STATEMENT OF COMPLIANCE The development of this project will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. This compliance includes: 1. TIffs PUD permits commercial uses and transient lodging at a maximum density of 26 units per acre, and the subject property is located in an area identified as an Activity Center in the Collier County Growth Management Plan, which permits such uses. 2. Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. 3. The subject property is locatexl on the southwest comer of the Immokalee Road and 1-75. This strategic locations allows the site superior access for the placement of commercial activities. 4. The project shall be in compliance with all applicable County regulations including the Collier County Growth Management Plan. 5. The project will be served by a complete range of services and utilities as approved by the County. 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. The Planned Unit Development includes open spaces and natural features which are preserved from futm'~ development in order to enhance their natt~-al functions and to serve as project amenities. -1- SECTION lI PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND UNIFIED CONTROL 2.1 The subject property is currently owned by: Fredrick R. Pauly, Trustee 2.2 The subject property is described as follows: LEGAL DESCRIPTION PP~EEZEWOOD PUD The East ¼ of the West ~ of the Northwest ¼ of the Northeast ¼ of Section 30, Township 48 South, Range 26 East, Collier County, Florida. Less and except the north 100 feet thereof conveyed to the State of Florida, dated 26 September, 1955, and recorded in D.B. 43, Page 243, Public Records of Collier County, Florida. Less and except that property conveyed to the State of Florida by deed dated 1 September, 1970 and recorded in O.M.B., Page 397, Public Records of Collier County, Florida, containing 7.42 acres, more or less. 2.3 ~ This ordinance shall be known and cited as the "Breezewood Planned Unit Development". 2.4 STATEMENT OF UNIFIED CONTROL It is the intent of Fredrick R. Pauly, Trustee to develop a Planned Unit Development of approximately 7.4+ acres on property located on the southwest comer of the 1-75/Immokalee Road interchange quadrant. This statement represents that Fredrick R. Pauly, Trustee, currently has lands under unified control for the purpose of obtaining PUD Zoning on the subject property. Development of Breezewood will occur in accordance with all commitments contained within the PUD document and in accordance with all apvlicable Collier County ordinances in effect at the time of construction. -2- SECTION IlI STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION It is the developer's intent to establish a Planned Unit Commercial Development. It is the pro-pose of this document to set forth flexible guidelines for the future development of the project that meet accepted planning principles and practices and to implement the Growth Management Plan. 3.2 ~ The following general provisions are applicable to the PUD Master Plan: A. Regulations for development of Breezewood Unit 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 fall to provide specific developmental standards, then the provisions of the most similar zoning district in the Collier County LCD shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the 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 Breezewood Unit Development iihall become pan of the regulations which govern the manner in which this site may be developed. D. Development permitted 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 applicable to this development. °3- SECTION IV GENERAL DEVELOPMENT REGULATIONS 4.1 ~ The puapose of this section is to delineate the development regulations that accompany the Conceptual Master Plan. Where development standards are not specifically provided for in this document, the applicable standards of the LDC shall apply. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used or land used, in whole or part, for other than the following: A. Pdncipal Commercial Uses 1. Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations with repairs (in accordance with the standards of Section 2.6.28 of the LDC). 2. Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; business machine services. 3. Carpet and floor covering sales - which may include storage and installation; churches an, l other places of worship (in accordance with the standards of Section 2.6.10 of the LDC); clothing sto~es; cocktail lounges (in accordance with the standards of Section 2.6.10 of the LDC); commercial recreation uses - indoor, commercial schools; confectionery and candy stores. 4. Delicatessens; department stores; drug stores; dry cleaning shops; dry good stores; and drapery shops. 5. Electrical supply stores; equipment rentals including lawn mowers and power saws, which may include their repair and sale. -4- 6. Fish market - retail only; ~orisl shops; fraternal and social clubs ( in accordsno: with the standards of Section 2.6.10 of the LDC); funeral homes; furniture stores; furrier shops. 7. Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales - including storage and installation; Sourmet shops. g. Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. 9. Ice eream stores. 10. Jewelry stores. 11. Laundries - self service only; leather goods; legitimate theaters; liquor stores; locksmiths. 12. Marinas; markets - food; markets - meat; medical offices and elitries; millinery shops; motels and hotels; motion picture theaters; museums; music stores; minor automobile repair work. 13. New car dealerships - outside display permitted; news stores; night clubs (in accordance with the standards of Section 2.6.10 of the LDC). 14. Office - general; office supply stores. 15. Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; potte.ry stores; printing; publishing and mimeograph services shops; private clubs (in accordance with the standards of Section 2.6.10 of the LDC); professional offices. 16. Radio and television sales and services; radio station (offices and studios), and auxiliary transmitters and receiving equipment, but not principal transmission tower; research and design labs; rest homes; restaurants - including drive-in or fast food restaurants (in accordance with the standards of Section 2.6.10 of the LDC). Recreational vehicle sales and services including repair. 17. Sewage treatmimt facility; shoe repair; shoe stores; shopping centers; souvenir stores; stationery stores; supermarkets and sanitariums. 18. Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores. -5- 19. Upholstery shops. 20. Variety stores; vehicle renlal - automobiles only; veterinarian offices and clinics - no outside kennels. 21. Watch and precision instrument repair shops. 22. Warehousing and wholesaling uses and comparable uses. 23. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the County Manager, or his designee, determines to be comparable to and compatible with the foregoing uses. B. Accessory uses I. Accessory uses and structures customary in commercial centers and for transient lodging facilities including temporary water and sewer facilities, should they be required. C. Conservation Area Uses I. Uses determined to be consistent with the intent of the Conservation Area such as boardwalks, nature Wails and picnic areas. 4.4 LAND USE INTENSITY Commercial - Tract I 2.63 Acres Motel/Office - Tract II 3.06 Acres Retention Area 1.12 Acres Conservation Area .61 Acres Total Area 7.42 Acres , There are two tracts of land placed for development within this PUD, Tracts I and II. The full range of commercial uses will be permitted on Tract I. Tract II will be limited to motel uses, office uses, warehouse and distribution facilities including other land uses which are non-retail in character. Minor adjustments to Tract Boundaries may be made at the time of site plan or subdivision approval, in accordance with the requirements of Ardcle 3 of the LDC. On the Commercial Tract I, a maximum of 25,000 square feet of retail use will be allowed in accordance with the provisions of Section IV, Subsection 4.3 of this PUD document. The Motel/Office Tract II will allow a maximum of 50,000 square feet of -6- non-residential !and uses or motel units, based on a density of twenty-six dwelling units per acre. A. General.' All yards, setbacks, etc. shall be in relation to parcel boundaries unless specifically stated otherwise. B. Minimum Setbacks and Building Separations: 1. Front yard - Recognizing the irregular configuration of Tract I due to the 1- 75 access ramp, an average setback of 65 feet shall be maintained, as measured from the midpoint of the structure. Tract II shall have a fifty foot setback. 2. Side yard setback - Twenty-five (25) feet. 3. A zero (0) setback is permitted from the edge of the Conservation Area. 4. A zero (0) setback is permitted from the Tract I/Tract II property boundary. 5. Rear yard setback - Twenty-five (25) feet. 6. No two principal structures may be closer together than one-half the sum of the building heights. C. Minimum Floor Area 1. Motel Units: Three hundred (300) square feet and not to exceed five hundred (500) square feet. 2. All other commercial uses: Minimum one thousand (1~,000) square feet. D. Off-street Parking Requirements As required by Division 2.3 of the LDC in effect at the time permits are requested. E. ~ I. Fi~7 (50) feet for non-residential development. -7- All site and building design shall conform to the requirements of Division 2.8 of the Collier County LDC to insure a unified architectural design and theme. G. As provided for within Section 2.5 of the LDC. The Breezewood Planned Unit Development shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6 of the LDC Monitoring Requirements. I. Amendments to Lie Ordinance Amendments to this ordinance and master plan shall be pursuant to Section 2.7.3.5 of the LDC. J. Easements for Utilities Easements, where requireel, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to insure continued operation and maintenance of all services and utilities to insure compliance with applicable regulations in effect at the time construction plans and plat approvals as required. K. Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC, Article 3 and standards and commitments of this document at the time of construction plan approval. L. All landscaping requirements, buffers, walls, berms, etc. shall be developed in conformsnee with the requirements of Division 2.4 of the Collier County Land Development Code. M. Archeolo~ical Resources The petitioner shall be subject to Section 2.2.25 of the LDC pertaining to archaeological resources in the event they ar~ identified on the subject property. SECTION V ENVIRONMENTAL STANDARDS 5.1 PURPOSE The purpose of this Section is to set forth the environmental requirements of the project AU conservation areas shall be designated as conservation/preservation Wacts or easements on all construction plans and shall be recorded on the plat with pwtective covenants per or similar to Section 704.06 of the Florida Statues. Buffers shall be provided in accordance with Sub Section 3.2.8.4.7.3 of the CCLDC. In the event the project does not require platting, all conservation/preservation areas shall be recorded, by separate instrument, as conservation/preservation tracts or easements dedicated to an approved entity or to C,'!~ier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statute 704.06. A. The applicant shall be subject to all applicable requirements of the Collier County Growth Management Plan and LDC, including the requirements of Division 3.9 Vegetation Removal, Protection and Preservation. B. The Collier County Environmental Advisory Board recommends that the 'Collier County Planning Services, Collier County Environmental Services, Southwest Florida Water Management District and the U.S. Army Corps of Engineers coordinate the design of the water management and site plans of this and the adjacent development to the west on the jointly held wetland. C. A conservation area has been set aside on the south side of the site to allow for additional foraging habitat for the Red Cockaded Woodpeckers (RCWs), which have been identified on the property to the southwest. As long as the RCWs continue to use the adjacent tract for habitat, the conservation area will be !ef~ in its natural state. Should the RCWs no longer be present ~n the mediate vicinity, a portion of this conservation area may be utilized for future development, as long as the twenty-fove foot setback is maintained and as long as the guidelines of this document and the Collier County LDC are met. -10- SECTION VI TRANSPORTATION REQUIREMENTS 6.1 ~ The purpose of this seciton is to set forth the transportation requirements of the project. ~ The Developer shall: 1. Provide left a~d ,ight tuxn lanes onto Immokalee Road at the project entrance, upon meeting warrants of the Transportation Services Section, and coordinate access to the extent practical with the adjacent commercial development planned to the west of the subject property, (Donavan Center). 2. Provide a fair share contribution toward the capital cost of a traffic signal at the project entrance when deemed warranted by the County. The signal shall be owned, operated and maintained by Collier County. 3. Provide arterial level street lighting at the project entrance prior to issuance of the fn~t certificate of occupancy. 4. All traffic control devices used shall conform with the Manual on Uniform Traffic ~ as required by Chapter 316.0747, Florida Statutes. 5. These improvements are considered "site related" as defined in Ordinance 92-22 and shall not be applied as credits toward any impact fees required by that ordinance. All improvements, except signalization, s.h,31l be in place before any certificates of occupancy are issued. 6. Access into each tra~ as shown on the conceptual P.U.D. Master Plan is informational only. Location and number is subject to preliminary plat approval in accordance with the requirements of Division 3.2 of the LDC. 7. Before construction plans approval, the developer shall demons~te ltutt ther~ is legal fight to use the access road into the site. The developer shall provide an agreement between the County, the developer and F.D.O.T. that maintenance activities will be the responsibility of the developer until and if maintenance responsibility is Esumed by the County. -11- SECTION VII UTILITIES AND ENGINEERING REQUIREMENTS 7.1 PU~OSE The purpose of this Section is to set forth the utilities and engineering requirements which must be accommodated by the project developer. 1. Water distribution, sewage collection and trapmission and interim water and/or sewage Lcatment 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 rules and regulations. 2. All customers connecting to the water distribution and sewage collection 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 water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off- site waste and/or sewer facilities are available to serve the project. 3. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense will install and operate facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformsnee with the requirements of Collier County Ordinance No. 88- 76, as amended. -12- 4. If an interim on-site water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand, at a rate approved by the appropriate Fire Control District servicing the project area. 5. Prior to approval of construction documents by the County, the Developer must present verification pursuant to Chapter 367, Florida Statues, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the O County can provide these services through its water and sewer facilities. 6. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on-site force main which ,";11 ultimately connect the project to the future central sewerage facilities of the District in the Immokalee Road fights-of-way. The force main must be extended from the main on-site pump station to the west right-of-way line of lmmokalee Road and capped. It must be interconnected to the pump station with appropriately located valves to permit simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. 7. The on-site water distribution system to serve the project must be connected to the District's 12 or 16 inch water main on the south side of Immokalee Road, extended eastward to the east boundary line of the project consistent with the main sizing requirements specified in the County's Water Master Plan. The coordination for the location and sizing of the main extension shall be processed through the County Utility Division. During design of these facilities, the following features shall be incorporated into the distribution system: a) Dead-end mains shall be eliminated by 1.ooping the internal pipeline network. b) Stubs for future system interconnection with adjacent properties shall be provided to the west, and the south property lines of the project, at locations to be mutually agreed to by the County and the developer during the design phase of the project. -13- a. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations, as set forth in Division 3.2 of the LDC. -14- SECTION VIII WATER MANAGEMENT REQUIREMENTS 8.1 PURPOSE A. The purpose of this section is to set forth the stipulations established by the Water Management Advisory Board, which shall be accommodated by the project developer. 1. Detailed paving, grading and site drainage plans shall be submitted to Planning Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Planning Services. 2. A Florida Department of Transportation and South Florida Water Management District permit approval to outfall into the Cocohatehee canal shall be submitted before construction plan approval. 3. Before construction plan approval, a copy of the Corps of Engineers and South Florida Water Management District permits shall be submitted to Planning Services. -15- FRED PAULY TRUSTEE BRE~D I- I ""~ I ~2 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. 97-41 Which was adopted by the Board of County Commissioners on the 9th day of September, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of September, 1997. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners % ~ [ ".. '\, · ,~,~ w, ? i~'.~ "~'. ~,,' ' ..,,.< '..' ~.'....,,,~,.~... ,,. . .,' :T - . . .. ',. ..~.' . ,~ .;:~r: ;;.-' ~. ,-' . · ,~ "'.~ %~'..' · -..