Ordinance 2010-18
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AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM RURAL AGRICULTURE (A) ZONING TO
MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) TO BE
KNOWN AS MCMULLEN MPUD FOR A MIXED-USE
DEVELOPMENT WITH A MAXIMUM OF 185,000 SQUARE FEET
OF COMMERCIAL, GENERALLY LOCATED ONE-HALF MILE
EAST OF COLLIER BOULEVARD (CR 951) ON RATTLESNAKE-
HAMMOCK ROAD EXTENSION, IN SECTION 14, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 19.32c!c ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, Robert J. Mulhere of RW A, Inc. and R. Bruce Anderson, Esquire of
Roetzel, & Andress, representing Sembler Retail II, Inc. and the Sembler Family Partnership
#42, 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, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 14,
Township 50 South, Range 26 East, Collier County, Florida, is changed from Rural Agriculture
(A) Zoning District to Mixed-Use Planned Unit Development (MPUD) Zoning District to be
known as the McMullen MPUD in accordance with the McMullen MPUD Document, attached
hereto as Exhibit" A" and incorporated by reference herein. The appropriate zoning atlas map or
McMullen MPUD \ PUDZ.2007-AR-11320
REVAIl61l0
Page [ 01'2
maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall becomc cffective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this 'l14-hday Of~, 2010.
ATTEST: , .
DWIGHT E, BR.OCK, CL~RK
'~~t~_{l~;A~\W-(' k
'., , Depllty Clerk
ltte~).11 ti.i. Ql;".11'Vdt
J 1 iIIltllrf! (HI j.i- ,,'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
",It.'>>'. Lv C"~.\~~"
FRED W. COYLE, Chairmarl
BY:
Approved as to form
and legal sufficiency:
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k.7.L.J~
Steven T. Williams ,,{vl 0
Assistant County Attorney ~.\1.1
Attachments: Exhibit "A" - Permitted and Accessory Uses
Exhibit "B" - Development Standards
Exhibit "c" - Master Plan
Exhibit "D" - Legal Description
Exhibit "E" - Developer Commitments
07.CPS.00609/52
McMullen MPUD \ PUDZ-2007-AR.11320
REVA/16/10
Page 2 of1
EXHIBIT A
McMULLEN MPUD
PERMITTED USES
PERMITTED USES in Tract A as depicted on Exhibit C, MPUD Master Plan:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or
in part, for other than the following:
A. Principal Uses:
]. Business Consulting Services, Not Elsewhere Classified (Group 8748);*
2. Drug Stores and Proprietary Stores (Group 5912);**
3. General Contractors-Industrial Buildings and Warehouses (Group 154]);*
4. General Contractors-Nonresidential Buildings, Other than Industrial Buildings and
Warehouses (Group 1542);*
5. General Contractors-Residential Buildings, Other Than Single-Family (Group ]522);*
6. General Contractors (Group 1521);*
7. General Warehousing and Storage, for use by contractor/builder construction trades
located within this MPUD only (Group 4225);
8. Personal Indoor Self-Storage Facilities, limited to a maximum of 92,500 square feet;
9. Hospital and Medical Service Plans (Group 6324);**
10. Legal Services (Group 8111); *
] ]. Engineering Services (Group 871])*
12. Architectural Services (Group 87] 2)*
13. Surveying Services (Group 87]3) *
14. Management Consulting Services (Group 8742);
]5. Management Services (Group 8741);
16. Medical Equipment Rental and Leasing (Group 7352);**
17. Medical and Dental Laboratories (Groups 807] - 8099)**
18. Mortgage Bankers and Loan Correspondents (Group 6] 62);
19. Health Services, open to the public and not associated with a unified senior housing
development. (Groups 8051 - 8059);**
20. Care Units, only including Group Housing, Group Housing facilities, Assisted living
facilities, independent living facilities, continuing care retirement communities, and
nursing homes, all for persons over age 55. Foster care, crisis and attention care,
displaced adult care, homeless shelters, offender halfway houses, spouse abuse care,
4-16-20 I 0
Page I of 13
substance abuse care, detoxification centers or facilities, and drug rehabilitation
centers or facilities, and youth shelters are prohibited.
21. Offices and Clinics of: Doctors of Medicine, Dentists, Doctors of Osteopathy,
Chiropractors, Optometrists, Podiatrists, and Health Practitioners (Groups 801] -
8049);**
22. Physical Fitness Facilities (Group 799], limited to a maximum of20,000 square feet);
23. Child Day Care Services (Group 8351);
24. Special Trade Contractors, Not Elsewhere Classified (Group 1799);*
25. Title Abstract Offices (Group 6541); and
26. Title Insurance (Group 6361).
27. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses and deemed to be consistent with the Future Land Use
Element of the Growth Management Plan, as determined by the Board of Zoning
Appeals ("BZA") by the process outlined in the LDC.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
a) Clubhouses and other recreational facilities accessory to senior living
development, including, but not limited to: beauty/barbershops, pharmacies,
resident dining (including service of alcohol) and other persona] services limited
to use by residents and their guests only.;
b) Water management lakes and facilities;
c) Parking facilities, including parking garages accessory to permitted uses;
d) Caretaker's residence accessory to commercial development;
2. Lumber and Other Building Materials Dealers (Group 5211), limited to 5000 square feet
of floor area; '" * *
3. Paint, Glass, and Wallpaper Stores (Group 5231), limited to 5000 square feet of floor
area; '" * *
4. Any other related business which is accessory to offices for various contractor/builder
contractor construction trade specialist or, to warehouse space for various
contractor/builder contractor construction trade occupants, as determined by the
Planning Services Director, or designee, limited to 5000 square feet of floor area. ***
Reference Executive Office of the President, Office of Management and Budget, Standard
Industrial Classification Manual, 1987 Edition
*
Limited to 92,500 building square feet. [The Future Land Use Element of the Growth
Management Plan (GMP) allows offices for various contractor/builder construction trade
specialists, inclusive of the offices of related professional disciplines and services that typically
serve thosc construction businesses or otherwise assist in facilitating elements of a building
4-16-2010
Page 2 of 13
***
and related infrastructure, including but not limited to architects, engineers, land surveyors and
attorneys, but limits these offices of related professional disciplines to 92,500 total building
square feet. Warehouse space for various contractor/builder construction trades occupants does
not fall under that limitation.]
** These uses are permitted under the GMP as "support medical uses", and are only permitted
within the boundary of a v.. mile offset from the hospital to the south as depicted on Exhibit C,
MPUD Master Plan. Detoxification centers or facilities, and drug rehabilitation centers or
facilities shall not be allowed in this area.
Businesses, including but not limited to, lumber and other building materials dealers, paint,
glass, and wallpaper stores, garden supply stores, are permitted but only as accessory uses to
offices for various contractor/builder construction trade specialists or accessory to warehouse
space for various contractor/builder construction trades occupants.
C. Prohibited Land Uses:
1. Drug or alcohol detoxification/treatment facilities, including, but not limited to methadone
clinics;
2. Mental health institutions providing on-site patient boarding or housing;
3. Homeless shelters or soup kitchens;
4. Sexually oriented businesses, including, but not limited to, adult lingerie stores, adult
book/video stores, sex apparatus and accessory stores;
5. Astrologers and fortune tellers;
6. Bail bonds offices;
7. Off-track betting services;
8. Correctional institutions and offender rehabilitation agencies/facilities;
9. Crisis and crisis intervention offices or housing facilities;
] O. Day labor offices;
11. Limited price variety stores, such as dollar stores;
12. Checking and cash advance establishments;
] 3. Pawn shops and parlors (pool, gambling, and tattoo);
] 4. Probation offices;
15. Public welfare offices;
16. Tobacco stores;
17. Truck stops.
4-16-2010
Page 3 of 13
EXHIBIT B
McMULLEN MPUD
DEVELOPMENT STANDARDS
Table] below set forth the development standards for land uses within this Commercial PUD (MPUD).
Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in
effect as of the date of approval of the SDP or Subdivision plat.
MAXIMUM INTENSITY:
This MPUD may be developed entirely with allowable commercial uses and/or community facility
uses. Accordingly, the MPUD intensity shall be as follows:
Commercial Intensitv: Commercial intensity shall be limited to a maximum of ] 85,000 square feet of
any combination of allowable commercial uses, however in no case shall the trip generation rate exceed
379 PM Peak Hour Trips, as identified in the TIS related to ]22,000 square feet of medical office land
use. In no case shall the total allowable commercial intensity exceed] 85,000 square feet, or exceed a
trip generation rate in excess of 423 PM Peak Hour Trips for any combination of permitted land uses as
may be pursued using the Commercial Intensity Conversion to Care Units, below. Various commercial
uses, either individually or in aggregate are further restricted as set forth under MPUD Exhibit "A".
Care Unit Intensity: The intensity of any care unit shall have a maximum Floor Area Ratio (FAR) of
0.60. This FAR is applicable to Permitted Uses 19 and 20, Health Services and Care Units, as set forth
in A., of Exhibit A.
COMMERCIAL INTENSITY CONVERSION TO CARE UNITS:
1000 SF of Warehouse Land Use = I Care Unit Bed
1000 SF of General Office = 7 Care Unit Beds
1000 SF of Medical Office = 15 Care Unit Beds
Note: Based on trip generation rates, ITE 8'h Edition
Operational Characteristics for Care Units
Care Units may be composed of one or more types of care/housing facilities. These care/housing types
include, but are not limited to independent living, assisted living, and nursing homes, each of which can
have varying operational characteristics. The following characteristics of care units distinguish them
from residential land uses, and all of the characteristics must be provided for and maintained to be
considered a care unit:
. The facility shall be for residents 55 years of age and older;
. There shall be on-site dining facilities to the residents, with food service being on-site, or
catered;
. Group transportation services shall be provided for the residents for the purposes of grocery
and other types of shopping. Individual transportation services shall be coordinated for the
residents needs, including but not limited to medical office visits;
. There shall be an onsite manager/activities coordinator to assist residents, who shall be
responsible for planning and coordinating stimulating activities for the residents;
. An on-site wellness facility shall provide exercise and general fitness opportunities for the
residents.
. Each unit shall be equipped with devices provided to notify emergency service providers in the
event of a medical or other emergency;
4-16-2010
Page 4 of 13
. Independent living units shall be designed so that a resident is able to age in place. For
example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair
bound resident or bathrooms may be retrofitted by adding grab bars.
GENERAL: Except as provided for herein, all criteria set forth above shall be understood to
be in relation to individual parcel or lot boundary lines, or between structures. Condominium,
and/or property owners' association boundaries shall not be utilized for determining
development standards. If this project is developed in multiple platted tracts, at the time of the
application for subdivision plat approval for individual tracts, a lot layout depicting minimum
yard setbacks and the building footprint shall be submitted.
TABLE I
COMMERCIAL USE DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES
Includinl! Care Unit
MINIMUM LOT AREA ]0,000 SQUARE FEET N/A
MINIMUM LOT WIDTH 100 FEET N/A
MINIMUM YARDS (MEASURED FROM 25 FEET* * * 25 FEET
EXTERNAL PUD
BOUNDARY)
PRESERVE SETBACK 25 FEET 10 FEET
MIN, DISTANCE BETWEEN 15 FT. OR Y2 THE SUM OF 10 FEET
STRUCTURES BUILDING HEIGHTS *
MAXIMUM ZONED HEIGHT (PRINCIPAL 50 FEET 25 FEET
STRUCTURES)
MAXIMUM ACTUAL HEIGHT 62 FEET 30 FEET
MINIMUM FLOOR AREA - COMMERCIAL 700 SQUARE FEET** N/A
MINIMUM FLOOR AREA - CARE UNIT 400 SQUARE FEET
MIN, GROSS LEASABLE AREA PER UNIT 700 SQUARE FEET** 100 SQUARE FEET**
*
**
***
Whichever is greater
Not applicable to Care Unit
General application for setbacks: Front yard setbacks shall comply with the following:
i. ]fthe parcel is served by a public or private right-of-way, the setback is measured
from the adjacent right-of-way line.
II. If the parcel is served by a non-platted private drive, the setback is measured from the
back of curb or edge of pavement.
III. If the parcel is served by a platted private drive, the setback is measured from the road
easement or property line.
4-16-2010
Page 5 of 13
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McMULLEN MPUD
MASTER PLAN
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EXHIBIT D
McMULLEN MPUD
LEGAL DESCRIPTION
THE S 1/2 OF THE SE 1/4 OF THE SW ]/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS THE WEST 80 FEET. The total acreage is approximately ]9.32 acres.
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EXHIBIT E
McMULLEN MPUD
DEVELOPER COMMITMENTS
A, TRANSPORTATION
]. Within 180-days of the request of Collier County, the developer shall be responsible for 100%
of the cost for the design and installation, or make payment in lieu of construction, at the
discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter to serve this
site. The developer shall make payment in lieu at the time of Development Order application;
or alternatively shall design and construct the CA T bus shelter in a location approved by the
Collier County Alternative Transportation Modes (A TM) Department prior to certificate of
occupancy (CO).
2. Within 90-days of the County's written request, the developer shall convey right-of-way along
the project's south property line for the future extension of Rattlesnake Hammock Road. The
required right-of-way shall be determined by Collier County, but shall not exceed 60 feet in
width, and shall be conveyed in fee simple ownership to Collier County. Prior to the issuance
of the first CO, the developer agrees to construct the two north lanes of the ultimate four total
lanes of Rattlesnake Hammock Extension, and agrees to accommodate storm water
management for these two lanes. The fee simple conveyance of the right-of-way, construction
of the two lancs, and accommodation of water management shall be at no cost to Collier
County.
3. The site shall be designed to provide for future vehicular, pedestrian and bicycle
interconnection to adjacent properties to the east as generally depicted on the McMullen
MPUD Master Plan and will also be designed to provide for internal connectivity for vehicles,
pedestrians and bicycles.
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TRANSPORT A nON (Continued)
4. The driveways are conceptual and shall meet access management requirements of Res. 0]-247,
as amended.
5. The total combination of allowable land uses on this site shall not be allowed to exceed the
maximum trip generation proposed in Scenario "1" in the TIS (423 p.m. peak hour trips). The
County may limit square footage or the number of units or any building during any subsequent
development order based on the trip generation limit. Any future tenant change that increases
trip generation (i.e. General Office to Medical Office) will require Transportation review and
may not be allowed if the total proposed trips exceed the maximum impact listed in this
stipulation.
B. ENVIRONMENTAL
I. There shall be a minimum of 0.84 acres of Collier County native preserve associated with this
MPUD. There shall be a minimum of 0.81 acres of created native preserve within the require
0.84 acre Collier County native preserve area.
2. The following listed species management plans shall be submitted with the next site
development plan/plat development order request: Big Cypress fox squirrel, Eastern indigo
snake, Florida black bear, Florida panther.
C. PLANNING
]. The developer its successors or assignee shall provide to any potential resident a disclosure
statement with respect to the noise that is associated with the Swamp Buggy Races located at
8250 Collier Boulevard, Naples, FL as it relates to the location of this MPUD, This statement
shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate
noise which can be heard on the PUD property, both during the day and into the evening,
including but not limited to, noise from swamp buggy racing, tractor pulls, festivals, and music
concerts. The statement must be presented to the potential buyer prior to entering into any
sales contract.
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Page 12 of 13
2. Within 120 days of approval of this PUD, Owner shall record in the public records of Collier
County a notice of proximity to the Florida Sports Park and Swamp Buggy grounds. This
notice shall disclose that the Florida Sports Park and Swamp Buggy operations regularly
generate noise which can be heard on the PUD property, both during the day and into the
evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals,
and music concerts. The legal description of the PUD shall be attached to the notice.
3. The eastern boundary of the MPUD shall be landscaped in accordance with the requirements
for a Type C buffer.
4. All senior housing buildings shall be constructed in a manner to provide an exterior ambient
sound level reduction of SLR 35 decibels, consistent with the provisions of LDC Subsection
4.02.06.N.6.g.
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Page I3 of I3
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 and correct
copy of:
ORDINANCE 2010-18
Which was adopted by the Board of County Commissioners
on the 27th day of April, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of April, 2010.
:-" ':i';; ;'l~ .
DWIGHT E. BROCK ,. "
Clerk of court1;l;'a~~;,Clerk'.':
Ex-officio to 130Ell;XJ. of
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County Commiss.ion.e,r's
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-By: Teresa Polaski,
Deputy Clerk
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