Ordinance 89-095ORDINANCE 89-_~
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 48-26-9 BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM A-2 TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS BREEZEWOOD FOR A
POTENTIAL MIXED USE DEVELOPMENT OF RETAIL AND
NON-RETAIL COMHERCIAL LAND USES FOR PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF IMMOKALEE
ROAD/I-75 INTERCHANGE QUADRANT, CONTAINING
7.41± ACRES, LOCATED IN SECTION 30, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert Duane of Hole, Montes and Associates,
representing Fredrick 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
Co~mtssioners of Collier County, Florida:
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 WA-2m to mPUDw
Plarmed Unit Development in accordance with the PUD document
attached hereto as Exhibit WAW which is incorporated herein and
by reference ~ade part hereof. The 0fficial Zoning Atlas Hap
Number 48-26-9, as described in Ordinance Number 82-2, is hereby
aBe~ded accordingly.
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance hasten
filed with the Secretary of State.
DATE: December 19, 1989 BOARD OF COUNTY COHMISSIONERS
,T.A~S.' ?. GILF~, '~LERK I~URT ~.. SAUNDERS, C~IAIIUiAN
W~RJO~IE ~. STUDENT
037:,,:285
BRZEZE~OOD
PI~J~ED UI~T DEVELOPHENT
HX~ ~'~L~ ~0. SS. ~0~
Prepared By
Hole, Hon~ee & Associates,
715 10~h S2ree2 South
Naples, Florida 33940
December 12~ 1989
Inc.
EXIIIBIT "A"
B~CTZOg l
BTAT~I~lqT OF COMPLIANC~ ..........................
g~CTION ZZ
PRO~&~ OWNERSHIP, LEGAL DESCRIPTION, SHORT
TITLE AND UNIFIED CONTROL ......................... 2
~ECTION III
· TATEMENT OF INTENT AND PROJECT DESCRIPTION ........ 3-4
SECTION IV
GENERAL DEVELOPMENT REGULATIONS .................... 5-9
SECTION V
ENVIRONMENTAL STANDARDS ......................... ... 10-12
-'SECTION VI
TI~NS PORTATION REQUIREMENTS ........................ 13
SECTION VIZ
D~ILITZES REQUIREKENTS ............................. 14-16
VIII
WATER MANAGEMENT REQUIREMZNT~ ...................... 17
LIST OF EXHIBITS
IXIIIBIT A
CONCEPTUAL MASTER PLAN
EXIIIBIT B
WATER KANAGE2~lqT PLAN
SECTION I
STATEMENT OF COMPLIANCE
The development of ~his project will be in compliance with the
planning goals and objectives of Collier County as set for~h in the
Growth Management Plan. This compliance includes:
1. ~e ~Jec~ prope~y is located in an area identified as am
A~lvl~y Center In ~e Gro~h Management Plan for Collier
2. A~vl~y Cen~ers are ~e prafe~ locations for ~e
co~cent~ion of c~erolal and mixed use develo~ent
3,1
The subJec~ tract is located on the southwest corner of the
X~okalee Road and Z-75 intersection. This strategic
lo~atio~ allows ~he sits superior access for the placement
of commercial activities.
4e
The project shall be in compliance with all applicable County
regulations including the Growth Management Plan.
The pr~Jec~will be served by a complete range of services and
utilities as approved by the County.
The project is compatible withadJacent land uses through the
internal arrangement of It~oturll, thl placement of land use
Muffet,, and the proposed development standards confined
here~.
The Planned UnitDevelopment includes open spaces and natural
featurss which are preserved from future development in order
~o a~han~e their natural functions and to serve as project
amenities.
,= 037,, 288
SECTION II
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 ia described as follows:
BREEZEWOOD PUD
The East 1/2 of the West 1/2 of the Northwest 1/4 of the Northeast
1/4 of Section 30, Township 48 South, Range 26 East, Collier
County, Florida.
Lees and except the north 100 feet thereof conveyed to the Stats
of Florida, dated 26 September, 1955, and recorded in D.B. 43, Page
243, P~blic Records of Collier County, Florida.
Less and except that property conveyed to the State of Florida by
deed dated I September, 1970 and recorded in O.M.B. 370, Page 397,
Public Records of Collier County, Florida.
Containing 7.42 acres, Bore or lass.
2.3 ~
This ordinance shall be known and cited ae the "Breezewood Planned
Unit Development".
It is the intent of the Fredrick R. Pauly, Trustee to develop a
Planned Unit Development of approximately 7.4~ acres on property .
located on the southwest corner of the X-75/Xmmokalee Road
interchange quadrant. This statement represents that Fredrick R.
Pauly, Trustee, currently has lands under unified control for the
~urposs of obtaining PUD Zoning on the subject property.
Development of Breezewood will occur in accordance with all
co~i~ents contained within the PUD document and in accordance
wl~.h all applicable Collier County ordinances at the time of
construction.
,& 037. ,. 289
pllSIXSECTION ·
STATEMENT OF TNTENT AND PROJECT DESCRIPTION
It is ~ha developer's intent to establish e Planned Unit
CouneFcial Develolment. It is ~e ~se of ~his d~en~
~ se~ fo~ ~ex~lo ~i~elines for ~e fu~urm devilo~en~
o~ ~e pro~e~ ~a~ see~ accepted pla~ing principles and
pra~cel and to inplenen~ the Gr~h Hanagenen~ Plan.
3.2 ~
Exhibit 'A' PUD Master Plan, constitutes ~he required PUD
Development Plan. Subsequent or concurrent wl~h PUD
approval a Subdivision Master Plan shall be submitted for
the entire area included in the PUD Master Plan. Ail
divisions of proper~y and the development of the land
shall be in compliance with the Subdivision Regulations.
The provisions of Section 10.5 of the Zoning Ordinance
shall apply to the development of all platted tracts, or
parcels of land as provided in said Section 10.5 prior
tot he issuance of a building permit or other development
order.
3,3 SITE CLEARING AND DRAINAGE
Clearing, grading, earthwork, and site drainage work shell be
performed in accordance with applicable Collier County Codes
and Ordinances and the s~andards and commitments of this
document.
304 :FJLS~ FOR UTILITIES
Easement, ~here required, shall be provided for ~ater
management areas, utilities and other purposes as may be
needed.
All nocessa~ easenenta, dedications or.other instruments
shall be granted to insure the continued operation and
maintenance of all services and utilities. This will be in
subs~antial conpliance with applicable regulations in affec~
at ~he tine approvals are requested.
~nse~vaCion area has been ae~. aside on ~he sou~.h side of
s~te to all~ for additional foraging h~a~ for ~ R~
~d~ ~peckers (R~'e), ~ch have been ~dent~f~ on
~e ~e ad~acen~ tra~ for h~i~, ~e conse~ation area
~lll ~ l~f~ in its natural s~. Should ~e R~s no lo.er
present ~n ~e l~edia~e v~cin~ty, a ~on of ~s
co~e~ation area ~a~ ~ ut~liz~ for fukure d~elo~en2, as
lo~ as a t~en2~-f~ve f~2 se~ack ~s ~[n~a~ned and ~n
~del~nes of ~s d~enk ~d ~e Collier C~2~ Zoning
SECTXON IV
GENERAL DEVELOPMENT REGULATIONS
The purpose of this section is to dalineate the develolment
regulations that accompany the Conceptual Master Plan.
4.2 ~
Where development standards are not specifically provided for
~n this document the applicable standards of the Collier
County Zoning Ordinance shall apply.
4.3 ~
No building or structure, or parc thereof, shall be erected,
altered or used, or land used, in whole or part, for other
than the following:
A. Princioal Commercial USes
~ntique shops~ appliance stores~ art studios~ art
supply shopsl automobile parts stores~ automobile
service stations with repairs (in accordance with
the standards of Section 9.8 of the Zoning
Ordinance}.
Bakery shops~ bait and tackle shops~ banks and
financial institutions~ barber and beauty shops~
bath supply stores~ bicycle sales and servicss~
blueprint shops~ bookbinders~ book stores~ business
machine services.
Carpet and floor covering sales - which may include
storage and installation~ churches and other places
of worship (in accordance with the standards of
Section 8.11 of the Zoning Ordinance)~ clothing'
stores~ cocktail lounges (in accordance with the
standards of Section 8.11 of the Zoning Ordinance)7
commercial recreation uses - indoor~ commercial
schools~ confectionery and candy stores.
Delicatessens~ department stores~ drug storss~ dry
cleaning shops~ dry goodstores~ and drapery shops.
Electrical supply stores~ equipment rentals
includin9 lawn mowers and power saws, which may
include their repair and sale.
037- .: 292
Sd
Fish~arket - retail only; florist shops; fraternal
and social clubs (in accordance with the standards
of Section 8.11 of the Zoning Ordinance); funeral
homes; furniture stores; furrier shops.
Garden supply stores - outside display in side and
rear yards; gift shops; glass and mirror sales -
including storage and installation; gourmet shops.
Hardware stores; hat cleaning and blocking; health
food stores; homes for the aged; hospitals and
hospices.
ICe crsa~ stores.
10. Jevelry stor&s.
11. Laundries - self service only; leather goods;
legitimate theatres; liquor stores; locksmiths.
~arinas; markets - food; markets - meat; medical
offices and clinics; millinery shops; motels and
hotels; motion picture theatres; museums; music
s~ores; minor automobile repair work.
13. New car dealerships - outside display permitted;
news stores; night clubs (in accordance with the
standards of Section 8.11 of the Zoning Ordinance).
14. Office - general; office supply stores.
15. Paint and wallpaper stores; pet shops; pet supply
shops; photoqraphic equilment stores; pottery
stores; printing;publishing and mimeograph services
shops; private clubs (in accordance with the
standards of Section 8.11 of the Zoning Ordinance);
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 8.11 of the Zoning ordinance).
Recreational vehicle sales and services including
repair.
17. Sewage treatment facility; shoe repair; shoe stores;
shopping centers; souvenir stores; stationery
stores; supermarkets and sanatoriums.
18.
Tailor shope~ taxidermiets~ tile sales - ceramio
tlle~ tobacco shops! toy ehops~ tropical fish
stores.
19. Upholstery shops.
20.
Variety etoree~ vehicle rental - automobiles onlyl
veterinarian offices and clinics - no outside
kennels.
21. Watch and precision instrument repair shops.
22. Warehousing 9nd wholesaling uses and comparable
uses.
23.
Any othe[ commercial use or professional service
which is comparable in nature with the foregoing
uses and which the County ~anager, or his designee,
determines to be comparable to and compatible with
the foregoing uses.
Accellory
commercial
facilities
f~cilities,
uses and structures customary in
centers and for transient lodging
including temporary water and sewer
should they be required.
C. Conservation Area
Uses determinedto be consistent with the intent o£
the Conservation Area such as boardwalks, nature
trails and picnic areas until such time as it can
be documented that the Red Cockaded Woodpeckers no
longer inhabit the adjoining property to the
southwest.
4.4 LAND USE INTENSITY AND I~OJECT PHASIN~
Co~mercial - Tract I
Kotel/Office - Tract II
RetentionArea -
Conservation Area -
2.63 Acree/114,45S S.F.
3.06 Acres/133,152 $.F.
1.12 Acres/48,681
.61 Acres/26,416
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
Botelusee, office uses, warehouse and distribution facilities
including other land uses which are non-retail in character.
On the Co~arcial Tract I, a ~aximu~ of 25,000 square fast of
r~tail use will be allowed in accordance with the provisions
&llowe~ in Section IV, Subsection 4.3 of this PUD document.
The Motel/Office Tract II will allow a maximum of 50,000
equate feet of non-residential land uses or a maximu~ of 130
·otel units, based on a density of twenty-six dwelling units
per acre.
Propert~ is projected to be developed to a buildout over a ten
year period.
4 .S GEII~'I~L DEVELOPMENT REGULATION~
~eneral~ Ail yards, setbacks, etc. shall be in relation
to parcel boundaries unless specifically stated
otherwise.
Minimum Setbacks and Buildina Seoarations~
e
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.
Side yard setback - Twenty-five (25) feet.
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.
Minimum Floor Area
Hotel Unitsi Three hundred (300) square feet and not
to exceed five hundred (500) square feet.
Ail o~her connercial uses: Minimum one thousand
(1,000) square feet. '
D. Off-street Perkins Reouireme~s
As required by the Collier County Zoning Ordinance in
effect at the time permits are requested.
037,,','-295
(50) feet for non-res~dantial developmento
& £i£ty (50) feet setback will be provided from adjoining
p~R~cy ~inas. The perimeter of the p~ant w~ll be
screened in accordance with the standards of Section 8,37
of the Collier County Zoning Ordinance.
5.1
SECTION V
ENVIRONKENTAL STANDARDS
The purpose of this Section is to set forth the stipulations
established by the Environmental Advisory Council.
Petitioner shall be subject to Ordinance 75-21 (or the
tree/vegetation removal ordinance in existence at the
tins of permitting), requiring the acquisition of a tree
removal permit prior to any land clearing. A site
clearing plan. shall be submitted to the Environmental
Resources staff for their review and subject to approval
prior to any work on the site. This plan may be
submitted in phases to coincide with the development
schedule. The site clearing plan shall clearly depict
how the final site layout incorporates retained native
vegetation to the maximum extent possible and how roads,
buildings, lakes, parking lots, and other facilities have
been oriented to accommodate this goal.
Nativm specims shall be utilized, as dmscribed below, in
the site landscaping plan. A landscape plan for all
landscaping on the development shall be submitted to the
County Landscape Architect and to a County Environmental
Specialist fortheir review and shall be subject to their
approval. The landscape design shall incorporate a
~inimuaof 60% native plants, by number, including trees,
shrubs, and ground cover. At least 60% of the trees, 60%
of the shrubs, and 60% of the grotmdcover shall be native
species. At the direction of t-he County Landscape
Architect or County Landscape Architect or County
Environmental Specialist a higher percentage of trees or
shrubs can offset an equal percentage of groundcover.
For example, the use of 70% native trees could allow the
use of only 50% native groundcover. This plan shall
depict the incorporation of native species and their
with other species, if any. The goal of site landscaping
shall be the recreation of native vegetation and habitat
characteristics lost on the site during construction or
due to past activities.
10
037 297
All exotic plants, as defined in the County Code, shall
be removed during each phase of construction from
development areas, open space areas, and preserve areas.
Following site development, a maintenance program shall
be l~plemented to prevent reinvasion of the site by such
exotic species. This plan, which will describe control
techniques and lnspec~ion intervals, shall be filed with
and subJec~ to approval by the Environmental Resources
s~aff and the Community Development Services Division.
If, during the course of site clearing, excavation, or
other constructional activities, an archaeological or
historical site, az~cifact, or other indicator is
discovered, all development at that location shall be
inediataly stopped and the Environmental Resources staff
notified. Development will be suspended for a sufficient
length of time to enable the Environmental Resources
staff or a designated consultant to assess the find and
dst.rain, the proper course of action in regard to its
salvageability. The Environmental Resources Management
will respond to any such notification in a timely and
efficient manner so as to provide only a minimal
interruption to any constructional activities.
At least an eighty (80) foot buffer (preservation of .61~
acres) will be set aside for foraging habitat for the Red
Cockaded Woodpeckers (ROW) colonizing on adjacent tracts
of land. This conservation area will be left in its
native state as long as the RCWts ara present in the
l~mediata vicinity. Note= Viable foraging habitat
within a ROW colony range becomes Jurisdictional to
Florida Game and Fresh Water Fish Commission and the U.S.
Fish and Wildlife Service.
In the retention area, indicated on the master plan, a
0.25 acre of existing wetland habitat will be sst aside
for preservation. The wetland will have a natural
vegetated littoral zone by utilizing the plant~terials
from the excavated area of the marsh.
All Jurisdictional wetlands, preservation areas shall be
flagged by the p~titioner prior to any construction.
These araas shall be fisld approved by Collisr County
Planning Servlcss Environ~ental lsvtew staff. Arsas
shall not be altered or modified, with the exception of
exotic vegetation removal, from the natural stat. unless
otherwise stipulated in an approved mitigation plan.
11
Prior to deve~Olment activ~ties~ wetlands~ praservation
areas, buffer zoned, natural vegetation/landscape areas
or other area desiqnated prote~ced during the site plan
review process shall be clearly ~arked by suitable
barriere or visual narkere no closer than aiM feet from
such areas.
EAC race. mends t hat the Collier County Planning Services,
Collier County Environmental Services, Southwest Florida
#star Managenent District and U.S. Army Corps of
Engineers coordinate the design of the water ~anagement
and site ~lans of this and the adjacent develolment to
· in~lza IBpact of the two adjacent developments on the
Jointly held wetland.
12
'¸4
TRANSPORTATION VI
TRANSPORTATION REQUIREHENTS
The DeveloPer shall.*
Provide left and right turn lanes on I~mokalse Road at the
project entrance.
Provide a fair share contribution toward the capital cost cf
a traffic signal at the project entrance when deemed warranted
by the Coun=y. The 'signal shall be owned, opera=ed and
laintained by Collier County.
Provide arterial .leveX street lighting at the project
entrance.
All traffic control devices used shall conform withthe~anual
on Unifo~ Traffic Control Devices as required by Chapter
316.0747, Florida Statutes.
These i~provements are considered 'site related# as defined
in Ordinance 85-55 and shall not be applied as credits toward
any i~pac~ fees required by that ordinance. All improvements
except signalization shall he in place before any certificates
of occupancy are issued.
7,1
SECTION V~
UTILITIES AND ENGINEERING REQUIREMENTS
The purpose of this Section is to set forth the utilities and
engineering requirements which must be accommodated by the
project developer.
Water distribution, sewage collection and
transmission and interim water and/or sewage
treatment facilities to serve the project are to be
designed, constructed, conveyed, owned and
maintain~d in accordance with Collier County
Ordinance No. 88-76, as amended, and other
applicable County rules and regulations.
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 water
and/or sewer facilities are available to serve the
proJsct.
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
wast.water at the time development commences, the
Developer, at his expense will install and operate
interim water supply and on-site treatment
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 conformance with the requirements
of Collier County Ordinance No. 88-76, as amended.
14
4e
If an interim on-sits 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 rats approved by the appropriate Firs
Control District servicing the project area.
Prior to approval of construction documents by the
County, the Developer must present verification
pursuant to Chapter 367, Florida Status, that the
Florida Public Service Commission has granted
territorial rights to th. Developer to provide sewer
and/or water service to the project until the County
can provide these services through its water and
sewer faclll~ies.
The utility construction documents for the project's
sewerage system shall be prepared to contain the
design and construction of the on-sits force main
which will ultimately connect the project to the
future central sewerage facilities of the District
in the Immokalee Road rights-of-way. The force main
must be extended from the main on-site pump station
to the west rights-of-way line of Immokalse Road and
capped. It must be interconnected to the pump
station with appropriately located valves to permit
for simple redirection of the project's sewage when
connection to the County's central sewer facilities
becomes available.
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 looping
the intermal pipeline network.
b)
Stubs for future system interconnsction with
adjacent properties shall bs 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.
15
ae
Design and conetru~tion of all i~provements shall
be subJec~ to compliance with the appropriat.
provisions of the Collier County Subdivision
Regulations.
Access into each tract aa shown on the conceptual
P.U.D. Master Plan ia informational only. Location
and number is subject to Subdivision Master Plan
approval.
This project is recommended fo~ approval for
rezoning purposes only. Subdivision Master Plan
shall be sublittad and approved at a later date.
de
Before construction plans approval, the developer
shall demonstrate that there is legal right 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 ia assumed by the
County.
The local street for this proJe~ shall be designed
according to the typical section for collator
streets aa required in Article XI, Section 6 of the
Subdivision R~gulations, since this is a commercial
development.
16
037,,,,:
~ · ~' WATER MANAGEMENT REQUIRE~L~NTS
A. ~ ~se of ~ts section ~s to set fo~
~ "%{'~"' ~a~, ~ich shall be acco~ate~ by ~e
d~elo~r.
Detailed paving, grading and site drainage plane
shall be submitted to Project Review Services for
review. No construction permits shall be issued
unless and until approval of the proposed
construction in accordance with the submitted plans
is grante~ by Project Review Services.
A Florida Department of Transportation and South
Florida Water Management District permit approval
to outfall into the Cocohatchee canal shall be
submitted before construction plane approval.
Before construction plane approval, a copy of the
Corps of Engineers and South Florida Water
Management District permits shall be submitted to
Project Review Services.
17
,o. 037- ,: 304
,~"037,,~.: :306
' ,%:". , J~S C. GILES Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true cory of:
Ordinance No. 89-95
which was adopted by the Board of County Commisatonere on
the 19th day of December, 1989, durAng Regular Session.
WITNESS my hand and the official seal of the Board of
County Commieelonara of Collier County, Florida, thee 29th .
~ay of December, 1989.
SAMES C. GILES
Clerk of Courts an'd Cle~
Ex-officio to Board of~
County Commissioners
Deputy Clerk ~ ~'~'
037,'%: 3D7