Ordinance 91-030 -m. {m
· ORDINANCE NO. 91- 30
AN ORDINANCE AMENDING ORDINANCE NUMBER
82-2 THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE OFFICIAL
ZONING ATLAS MAP NUMBER 9515N; BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM RSF-4
TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN
AS SANDERS RETAIL CENTER FOR RETAIL
SHOPPING CENTER/BUSINESS OFFICES FOR
PROPERTY LOCATED ON THE SOUT}{ SIDE OF
PINE RIDGE ROAD (C.R. 896), APPROXIMATELY
740 FEET EAST OF U.S. 41, LOCATED IN
SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 4.2~ ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
,9- WHEREAS, Michael H. Marcus of Morrts-Depew Associatee,
~'~..,. representing Desha N. Sanders, Jr., Trustee, petitioned the
· ~' Board of County Commissioners to change the zoning
classification of the herein described real property;
'm,~T~' Commissioners of Coilier County, Florida:
Il?
The Zoning Classification of the herein described real
~.:... .~ property located in Section 15, Township 49 South, Range 25
Planned Unit Development in accordance with the Sanders
Retail Center PUD document, attached hereto as ~:hibit "A"
lli!i~i!~'i'' and incorporated by reference herein. The Official Zoning
Atlas Map Number 9515N, as de.scribed in Ordinance Number
'"'"' ~.,]m! ¥" si; ordinance shall beco~..ffectiv, upon rec.ipt of
· notice from the Secretary of State that th~s Ordinance has
:{i'~i'; been filed with the Secretary of State.
.~4~,,.' .
P~SSED AND DULY ADOPTED by the Doard o~ County
Commissioners of Collier County, Florida, this 2bth day of
March , 1991.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,. ATTEST: BY:
,,JAMES C. GILES~ CLERK PATRICIA ANNE GOODNIGi{T, ~IAI~N
~ORZE M. S~D~
ASSIST~ CO~Y A~O~EY .~
t:' R-90-25
i ~;~.~,-?~..
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PLANNED uN'r? DEVELOPMEN?
Desha N. Sanders, Jr., Trustee
121 Lafayette Avenue
Lexington, ~ 40502
PREPARED BY:
Morr~s-Depew Associates. Inc.
1940 Maravilla Avenue
Fort Myers, Florida 33901
Revised March 25, 1991
Date Revised
Date Reviewed BY CCPC
Date Approved ~ BCC ,
I ¢,~;'.4:7:
J .~:":~:":~':' '~' TABLE OF CONTENTS
'%.'i'
i-%';~ , '.. Page
Section I Property O~ership and Description 1
Section II Project Development 3
Section III Co~ercial Plan 5
J~ Section IV Development Commitments 8
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LIST OF EXHIBITS AND TABLES
EXHIBIT 'A# Legal Description
EXHIBIT "B" Covenant of U.ified Control
EXHIBIT "C" hocatlon MaD
EXHIBIT "D" Bounda~ Su~ey
E~IB~T "F" P~ Master Plan
The development of this project will be in compliance with the
planning goals and objectives of Collier County as set forth in the
Growth Management Plan. This compliance includes:
1. The subject property is located in an area identified as an
%i".~ Activity Center in the Growth Management Plan for Collier
~.? '. County.
2. Activity Centers are the preferred locations for the
concentration of commercial and mixed Ilse development
., activities.
3. The subject tract is located on the south side of Pine Ridge
Road approximately 740 feet to the east of the intersection of
Pine Ridge Road and U.S. 41. This strategic location allows
for superior access to and from any proposed co~ercial
development.
4. The ~rogosed co~ercial center shall be in com~liance with all
a~glicable County regulations including the Growth Management
~lan.
5. All proposed semites an~ utilit2 designs shall be approved
~ and accepted b~ the Count~ prior to the co~encement of
'",.' · se~ice.
6. The project Is compatible with adjacent land uses through the
~ inte~al arrangement of st~ctures, the placement of land use
buffers and the proposed development standards contained
herein.
The Pla~ed Unit Development includes open spaces, and natural
features which are presaged from future develoDment in order
to enhance their natural functions and to serve the project
amenities.
~.'~< ' Proper~ O~ershfp and Description
>~>.~/~ The ~ur~ose of th~s section is to set forth the locat~on
. .. and o~ership of the property, and to describe the
'~,,,':. existing conditions of the property proposed to be
' , developed under the project name of Sanders
· ' ' Center.
'~:~;" B. The Sub, eot property being 4.0~ acres is described as:
' ~'~' *refer to EXHIBIT "A"
C. Property Ownership
. The 8ub~ect property fa currently under the o~ershfp of
~.~ ~ ,,/ Desha N. Sanders, Jr., Trustee, 121 Lafayette Avenue
'~ Lexington, Kentucky 4050~ (see EXHIBIT "B" - Covenant of
'~ Unified Control).
.~[.. D. General Description of ~ropert~ Ar~a
· :~ ~ ~' 1. The pro, eot s~te can be found in Plat Sock 2, Page 2
'' i a S recorded In Collier County Public Records an~
locat~ ~n Section 15, To. sbt9 4~ South, Range
25 East. The general location o~ the site is
approximately 740 feet from the southeast corner of
'. U.S..41 an~ Pine Ridge ~oa~ on Pine Ridge Road.
2. The zoning classif~cation of the subject property
~rtor to the date of this a~proved PUD document was
RSF-4.
E. Physical Description
:. ~ The ex~st~ng average site grade ~s approximately 15 feet
+/-. The wet season water table elevation is estimate~
to be 9.00 feet NGVD. All of the site is located w~th~
Flood Zone X according to FIRM Map ~515N.
SOtl ~nfo~atton for this site consists exclusively of
Urban Lan~ (~2) as outline~ by the Collier Soils an~
Water Comservation D~strict. Existing site vegetation
can be categorize~ pr~marily as San~ Pines - FLUCCS
,:* : There are several structures that are currently on s~te.
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.[,~/. F. proJeot Description
~;i,,,'~, , The purposs of this submittal ts to rezone six contiguous
~.., ;at.els from their current zoning classification of RSF-4
to a Planned Unit Development status. This will allow
the property to be utilized as
site. Proposed is a two-story building with
a~proxtmatelY 50% of the use devoted to retail shops and
the remaining 9ortion funotioning as office space.
Maximum gross leasable building area is estimated at
63,000 square feet.
G. Short Title
This Ordina,ce shall be k~own a~d cited as "Sanders
Retail Center Planned Unit Development Ordinance."
-:~. ~.
,~i~:;':~ }, ..... ·
-}:.~. The purpose of this section is to delineate and generally
'~'~,~: describe the pro]eot plan of development, the land use of
-~ the property, as well as the project criteria for Sanders
= '4,,: ':. Retell Center.
B. General
1. Regulations for development of Sanders Retail Center
shall be in accordance with the contents of this
"":' document, Planned Unit Development District and other
applicable sections and parts of the Collier County
Zoning Ordinance in effect at the time of building
permit application. Where these regulations fail to
provided developmental standards, then the provisions
of the most eimilar district in the Collier County
Zoning Ordinance shall apply.
2. Unless otherwise noted, the definition of all terms
shall be the same as the definitions set forth in the
Collier County Zoning Ordinance in effect at the time
of building permit application.
3. All~ conditions imposed and all graphic material
presented depicting restrictions for the development
of Sanders Retail Center shall become part of the
regulations which govern the manner in which the PUD
site may be developed.
4. Unless specifically waived pursuant to applicable
regulations from such regulations, the provisions of
those regulations not otherwise provided for in this
PUD remain in full force and effect.
5. Development permitted by approval of this petition
will be subject to a concurrency review as required
by Adequate Public Facilities Ordinance No. 90-24.
Petitioner shall obtain e certificate of Adequate
Public Facilities or provide, prior to final SDP
approval, a waiver in accordance with Section 8.3.1.1
of the Adequate Publ£c Facilities Ordinance No. 90-
~. 24.
I -3
:~'..', .: :. ~':.'.
Pro:lect Plan and r. and Use Tracts
1. ~he pro~ect Mastsr Plan is iljustrated graphically by
EXHIBIT "F". The land use proposed Is dedicated
exclusively for commercial development.
Service, 62,880 (max.) 0.72
Off~ce
Parking/Roads 2.08
Open Space/~etentton 1.22
Total ~cres 4.02
2. Tho area ~11ustrated as water management by EXHIBIT
"F" shall be constructed as a d~ retention facility
for purposes of wa~er qualit~ treatment. The
required size of th~s area is estimated to be 0.20
acres.
3. In addition to the various areas and specific items
sho~ ~n EXHIBIT "F", any necessa~ easements
( utile.fy, private, semi-public, etc. ) shall be
established during the site development plan (SDP)
approval process.
~en~ents to P~ Document or PUD Master Plan
~en~ents may be made to the PUD document as provided in
the Collier County Zoning Ordinance Section 7.27].
The purpose of this section is to idel~ttfy the tyl~e of
commercial uses and development standards that will be
applied to the areas as designated on EXHIBIT
~'~' B. Uses Permitted
No building or structure or 9art thereof, shall be
erected, altered or used, or land used, in whole or 9art,
for other than the following:
1. Principal Uses
~" a. Any retail business, service establishment or
professional and general offices.
b. All of the above permitted ma]or groups and sub-
group uses of land and buildings may be
permitting providing the following conditions are
found to be present:
1. all retail or service establishments shall
' deal directly with consumers as opposed to
· wholesale distribution of products or
services to non-household establishments.
2. all business, servicing, or 9recessing,
except for off-street parking and loading,
shall be conducted within a completely
enclosed building.
}~,'
'~ C. Hotels and motels.
d. Indoor recreation facil£ties such as theaters,
bowling alleys, billiard halls, indoor archery
~ range, indoor skating rink or similar form of
indoor commercial recreation.
e. Planned or integrated commercial centers
including any of the above uses.
~?..:/ 1. Section 8 of the Collier County Zoning
., Ordinance shall apply to all proposed parking
./ designs.
· . C. Non-Permitted Uses
· ~ This section describes the uses which aru not intended to
be included as allowable uses within this PUD document.
1. All wholesaling activities or activities which
. require outside storage of merchandise and equipment.
:~ 2. No petroleum type services.
3. No drive-up type services.
'~ 1. Perking lots
e. All off-street parking and off-street loading
~' requirements shall be designed to meet the
"~"'' ' m~n~mum
b. Section 8 of the Collier County Zoning Ordinance
shall apply to all proposed parking designs.
2. Signs
a.Any proposed sign or signs shall be designed to
meet the minimum standards.
b.Collier County Sign Ordinance 89-60 shall apply
tO ell proposed sign configurations.
Landscaping
a. All required landscaping shall be designed in
accordance with Section 8.30 of the Collier
~'i County Zoning 0rdinence.
~' b. Areas which abut residentially zoned districts
~ . shall be required to install a landscaped buffer
area in accordance with Section 8.3? of the
Collier County Zoning Ordinance.
,,~.~, -~, a. Maximum height of lights shall be 15 feet and
'~ constructed and located in a manner so that no
light is aimed directly toward a residentially
zoned area within 200 feet of the source of
light.
~, b. All other applicable regulations regarding
.. ,~ lighting within the Collier County Zoning
Ordinance shall apply.
E. Development Standards
The purpose of this section is to outline all applicable
development standards as set forth in the Collier County
Zoning Or~inance.
1. Building Setbacks
a. Front yard - 25 feet
b. Side yard - none, or a minimum of 5 feet with
unobstructed ~assage from front to rear yard.
c. Rear yard - 25 feet
~:~. 2. Maximum Building Height
The maximum building height for this project will be
35 feet and limited to two (2) stories.
3. Minimum Floor Area
The minimum floor area of any proposed structure
shall be 1,000 sq.ft./bldg, on the ground floor.
4. Minimum Lot Dimensions
The minimum lot area is 10,000 sq. ft. and the
corresponding minimum lot width is 100 feet.
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' ~'~V. Development Commitments
' The purpose of this section ts to set forth the
,'.~j~:~ ~ development commitments ~or the development of Sanders
j:..~ . ~.,~ Retail Center.
':~::" ~':' :' B. General
.._.~.~"~:'~ All fa~lit~es shall be constructed in strict accordance
~'(~ w~th the Final Site Development Plan (SDP), Ordinance No.
,:~:~:~ 82-02, Section 10.5 and all applicable State and local
~ laws codes and regulations. Except whore specifically
.~ note~ or stated otherwise, the standards
~ specifications of the Official County Zoning Ordinance
~' ~ ~. shall apply to th~s ~ro]eot. The developer,
~ ".~ successor or assignee are bound by th~ Master Plan and
. ~. the regulations of the PUD as adoptud and any other
con~itions or modifications as may be agreed to in the
rezoning of the property.
,. :: .: C. PUD Master Plan
: ~: 1. EXHIBIT "F", 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. Changes may be made subject to the provisions
'" of 'Section II.D of this document.
2. All necessary easements, dedications or other
instruments shall be granted to insure the continued
operation end maintenance of all service utilities
and all common areas in the project.
; 3. An interconnection shall be provided to the adjacent
.~. ~ site along the west property line. The actual
~ :' location of this connection shall bo determined at
~ .~ the time of SDP review.
,,~',: .~ 8
"~ D. Transportation
· ~ . 1. The petitioner shall provide an eastbound right turn
~"i" lane on Pine Ridge Road at the main project entrance
~,. end dedicate appropriate right-of-way for same.
., There does not appear to be a need for the proposed
access at the east boundary of the site. Unless a
," need can be shown for it at the time of SDP
processing, as a result of the submission of a
traffic impact analysis, it shall be deleted from the
plan. If it is permitted at that time, an eastbound
right turn lane shall be provided with appro~riate
right-of-way dedication.
~ 2. The developer shall provide the capital funding of a
I traffic signal when deemed warranted by the County.
The signel shall be owned, operated and maintained by
Collier County.
3. The road impact fee shall be as set forth in
Ordinance 85-55, as amended, and shall be paid at the
time building permits are issued unless otherwise
approved by the Board of County Commissioners.
4. Access improvements shall not be subject to impact
fee credits and, excluding signalization, shall be in
place, before any certificates of occupancy are
issued. Additionally, the County reserves the right
to modify the existing median opening on Pine Ridge
Road as part of six-laning and to include median
closure as may be Justified.
5. In consideration of the implementation of the
Adequate Public Facilities Ordinance No. 90-24 and
the potential of adjacent roadways not conforming to
appropriate service level standards due to the rate
of increase of traffic volumes versus scheduled/
funded roadway capacity improvements, the applicant
should be advised that future land development
activities in the area may be sub3ect to future land
use control consistent with the above regulations.
E. Water Management and Engineering
1. Stormwater dischargEJ will be via an existing drainage
system within the right-of-way of Pine Ridge Road.
This system outfalls into the Gordon River. Water
management for this project shall be the lake
retention type.
9
2. This project shall be required to meet all County
ordinances in effect at the time final construction
~ ~ documents are submitted for development approval.
3. At the time of SDP review, 3ustification shall be
~ provided on the assumed seasonal water table. Dry
retentions sha~l be a minimum of one foot (1') above
the seasonal ~ater table.
4. At the time of SDP review, petitioner shell provide
an analysis of the turning movement of vehicles,
especially emergency vehicles. This analysis shall
be provided with detailed drawings showing the
geometrical design of the turning movement around the
proposed building. If the geometrical design is such
that the water management system has to be modified,
revised calculations shall be submitted.
F. Utilities
1. Connection to the existing water and sewer facilities
within Pine Ridge Road and Castello Drive rights-of-
way, respectively, is required and must be completely
iljustrated on the final site plan and supporting
engineering construction drawings as to.location,
configuration and size.
2. Before construction plan approval, a letter from the
City of Naples Water and Sewer Service District
stating that the District has reviewed and approved
the water and sewer facilities construction documents
shall be submitted.
G. Enwironment al
1. Prior to any future development order approvals, the
petitioner shall conduGt a gopher tortoise survey in
accordance with the Florida Game and Fresh Water Fish
% Commission protocols and obtain any necessary permits
and/or approvals for on-site preservation or off-site
relocation.
2. Prior to any future development order approvals, the
petitioner shall survey the locations of all sand
pines greater than or equal to 4 inches DBH and
indicate on the site plan the locations of all sand
pines proposed for removal and those sand pines
proposed to be retained on site.
lO
D£scloau~e of Investors
Sanders Retail Center
., The £01lowing is a list the beneficiaries for the above referenced
site:
· . D,asha N. Sanders, Jo., Trustee 25% ownership
W4allsce N. Sanders 25% ownership
~-., ~thur H. Wallace 25%o~n~ership
Ron&ld B. Maggard 25%ownersh/p
This h~formation is provided to ~uppl~ment our PUD rezoning
,application with Collier County.
EXHIBIT "A"
LEGAL DESCRIPTION
A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT
COMPANY'S LITTLE FARMS according to a map thereof recorded in
Plat Book 2, at Page 2, of the Public Records of Collier
County, Florida, which lot or parcel is described as follows:
From th~ Northwest corner of Section 15, Township 49 South,
R~ng8 25 East, run Easterly along the North line of said
se, ction 662.3 feet: thence run Southerly for 15 feet to the
Northwest corner df the East half (El/2) of the West half
(W1/2) of said Lot 51 to the point of beginning; thence run
Scuth along the West line of said East half (E1/2) of the West
half (Wl/2) for 316.5 feet more or less to the South line of
said Lot 51; thence run East along said South line for 150
feet; thence run North parallel to said West line of the East
half (El/2) of the West half (Wl/2) for 316.5 feet more or less
to a point on the North line of said Lot 51; thence run West
al,cng said North line for 150 feet to the point of beginning;
being West 150 feet of said East half (E1/2) of the West half
(Wi/2) of Lot 51, less and except the North 10'thereof.
2. East 150 feet of the West 300 feet of the East half (El/2) of
th.~ West (W1/2) of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE
FARMS, a Subdivision according to the Plat thereof, as recorded
in Plat Book 2, at Page 2, in the Public Records of Collier
County, Florida, less and except the Northerly 15' thereof.
3. A lot or ~arcel of land lying in Lot 51, NAPLES IMPROVEMENT
CO~PA~f'S LITTLE FARMS according to a map or plat thereof, as
recorded in Plat Book 2, at Page 2, of the Public Records of
Co) liar County, which lot or parcel is described aa follows:
From the Northwest corner of Section 15, Townshi9 49 South,
Range 25 East, run Easterly along the North line of said
section for 662.3 feet.' thence run Southerly for 15 feet to the
Northwest corner of th,) East half (El/2) of the West half
(W1/2) of said Lot 51; 'thence run Easterly along the North line
of said Lot 51 for 375 feet to the point of beginning of the
lands hereby conveyed. From said point of beginning run South,
parallel to the West line of said East half (El/2) of the West
half (Wl/2) for 316.5 feet more or less to the South line of
said Lot 51; thence run East along said South line for 75 feet:
thence run parallel to said West line of the East half (El/2)
of the West half (Wl/2) for 316.5 feet more or less to a point
on the North line of said Lot 51; thence run West along said
North lin~ for 75 fe~t to the point of b~ginnin~; be~n~ the
l{a,t 7[3 f¢~,t of tho Wuot 450 fe~t of said East half (El/2) of
the West half (W1/2) of Lot 51.
Legal Description
Page 2 of 2
4. South 105 feet of the East 125 feet of the West 1/2 of Lot 51,
NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat
Book 2, at Page 2, Public Records of Collier County, Florida.
5. East half (El/2) of the West half (Wl/2) except the East 125
f,~et and except the West 450 feet of Lot 51 less the North 15
f,~et for right-of-way, Lot 51 NAPLES IMPROVEMENT COMPANY'S
LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public
Records of Collier County, Florida.
6. East 75 feet of the West 375 feet of the East half (El/2) of
tlhe West half (Wl/2) of Lot 51 less the North 15 feet for
right-of-way. NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as
recorded in Plat Book 2, at Page 2, Public Records of Collier
County, Florida.
(343 271
STATEMENT OF UNIFIED CONTROL
Xt is the intent Of Desha N. Sanders, Jr., Trustee, to
~stablish a Planned Unit Dmvelopment on 4.02 acres in Section
15, Township 49 South, Range 25 East, Collier County, Florida.
The ~ubJect property is under unified ownership for the
l)urDose of obtaining PUD zoning. Development of this Planned
Unit will occur in accordance with the submitted PUD
:regulations and any conditions approved with the rezone
:~etition a~ described and agreed to within this PUD document.
IN WITNESS ~MEREOF, tm un,reigned has hereto set
his hand this o%~ v& day of /~^~ , 1991.
~a'e~ of Florida
~unty o~ Collier
Sworn to and subscribed before
~o~ ~/ )-
EXHIBIT
'. EI.K~II. IEERS · P~M'~NEP,~ · EHV1RO~IMENTAL
I
I~ ~ M* IN
,ES
SANDERS RETAIL CENTER
~ I J'l
i
STA'.~E OF FLO;~TDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twe~tieth Judicial Circuit, Collier County, Florida, do
hero,by c~rttf¥ that the foregoing Is a true copy of:
Ordinance No. 91-30
which was adopted by tbs Board o~ County Commissioners on
the 26th day of March, 1991, during Regular Session.
WITNESS my hand'and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day Df April, 1991.
JAMES C. GILES . .". i
Clerk of Courts and Clerk. ..
E~:-officio to Board of
County Commissioners
Deputy Clerk