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Ordinance 99-88ORDINANCE NO. 99- 8 8 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR TtlE UNINCORPORATED AREA OF COLL1ER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONlNG ATLAS MAP NUMBERED 8630N BY CHANGlNG THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "BREEZEWOOD" PUD, FOR PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF IMMOKALEE ROAD (C.R. 846) AND 1-75, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.42 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 97-41, THE FORMER "BREEZEWOOD" PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Anita L. Jenkins, AICP, of WilsonMiller, Inc., representing Owen M. Ward, Trustee, for Contract Enterprises, Inc., 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: .... c~ _ The Zoning Classification of the herein described real property located in Section 3~:i~To .,~ ship 48 South, Range 26 East, Collier County, Florida, is ch~ged ~om "P~" to ~,:ptan~ Unit Development in accord~ce with the P~ Document, attached hereto as ExhibiC~e~' ~ich is inco~orated herein ~d by reference made pa~ hereof. The Official Zoning Atla~p ~Cmbered 8630N, as descdbed in Ordin~ce Number 91-102, the Collier Co~ty L~d Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 97-41, known as the "Breezewood" PUD, adopted on September 9, 1997, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.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 Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this/5/-j~day of f,~*.., , 1999. · .'~.: DWI(~HT E. BROCK, Clerk :;:i,:':' ':'"%" · :. ~,~.~.. . , ,,,... % · %'"., I ~:~' :'~',,"': -" " Attest.,ms,%' ChaJman's signature qnl~,. Rpprovea agio Fo~ ~d Legal Sufficiency Marjo{4e M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA sTm.h~_s_.°rdina?se/filed with the off,,; ond acknowiedoement of thot ORDINANCE/PUD-89-14(2)/FR/ts BREEZEWOOD PLANNED UNIT DEVELOPMENT' Prepared for Owen M. Ward, Trustee Prepared by Wi~Miller July, 1999 Exhibit "A" TABLE OF CONTENTS SECTION I STATEMENT OF COMPLIANCE ......................................................................... 1-1 SECTION II GENERAL DESCRIPTION .................................................................................. 2-1 SECTION III PROJECT DEVELOPMENT ................................................................................ 3-1 SECTION IV COMMERCIAL LAND USE DISTRICT .................................................................. 4-1 SECTION V GENERAL DEVELOPMENT COMMITMENTS ..................................................... 5-1 EXHIBIT A PUD MASTER PLAN (Wilson Miller file #D-3037-07) 1-! 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: This Planned Unit Development (PUD) permits commercial uses, office 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. Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. The subject property is located on the southwest corner of Immokalee Road and 1-75. This strategic location allows the site superior access for the placement of commercial activities. The Project shall be in compliance with all applicable County regulations including the Collier County Growth Management Plan. o The Project will be served by a complete range of services and utilities as approved by the County. o 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. The Planned Unit Development includes open spaces and natural features which serve as Project amenities. :2-1 2.1 2.2 2.3 2.4 2.5 SECTION II GENERAL DESCRIPTION PURPOSE The purpose of this section is to set forth the legal description and ownership of the Breezewood PUD, and to describe the existing condition of the property proposed to be developed. PROPERTY OWNERSHIP The subject property is currently owned by Owen M. Ward, Trustee. LEGAL DESCRIPTION The subject property is described as follows: The East % of the West % of the Northwest ¼ of the Northeast % of Section 30, Township 48 South, Range 26 East, Collier County, Florida, less the North 100 feet, and less that portion conveyed to the State of Florida by deed dated September 1, 1970 and recorded in O.R. Book 370, Page 397, Public Records of Collier County, Florida, containing 7.41 acres, more or less. SHORT TITLE This Ordinance shall be known and cited as the "Breezewood Planned Unit Development". STATEMENT OF UNIFIED CONTROL It is the intent of Owen M. Ward, Trustee, to develop a Planned Unit Development of approximately 7.4+ acres on property located on the southwest corner of the I- 7511mmokalee Road interchange quadrant, as shown on the Location Map, Exhibit B. This statement represents that Owen M. Ward, Trustee, hereinafter referred to as "Developer," currently has lands under unified control for the purpose of obtaining PUD Zoning on the subject property. Development of Br®ezewood will occur in aocordenc, e with all commitments contained within the PUD document and in accordance with all applicable Collier County ordinances in effect at the time of construction. 3-! SECTION III PROJECT DEVELOPMENT 3.1 3.2 PURPOSE The purpose of this section is to generally describe the plan of development for the Project, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES 3.3 3.4 The Project includes a range of commercial, office and hotel uses, stormwater management, and buffer areas. The PUD Master Plan is iljustrated graphically on the PUD Master Plan, Exhibit %.' The Project will comply with the Architectural Review Guidelines as adopted in the Land Development Code (LDC). GENERAL COMPLIANCE WITH COUNTY ORDINANCES The development of the Project shall be in accordance with this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) which are in effect at the time of issuance of any development order which authorizes the construction of improvements to which said regulation applies. These include, but are not limited to, Final Subdivision Plat, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the most similar zoning district or section of the LDC shall apply. Bo Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Development permitted by this Ordinance will be subject to a concurrency review under the Adequate Public Facilities Ordinance, LDC Section 3.15. All conditions Imposed herein or as represented on the PUD Master Plan, Exhibit 'A,' are part of the regulations which govern the manner in which the land may be developed. Eo The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Project, except where an exemption is set forth herein or otherwise granted pursuant to Code Section 3.2.4. LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit 'A.' Minor changes and variations in building tracts, location and acreage of these uses shall be 3-?. 3.5 3.6 3.7 3.9 permitted at Preliminary Subdivision Plat approval and Final Plat approval to accommodate topography, vegetation, stormwater design, and other site conditions subject to Code Section 2.7.3.5. The specific location and size of individual tracts and the assignment of square footage shall be determined at the time of Preliminary Subdivision Plat approval. Roads and other infrastructure may be either public or private, depending on location, capacity, and design. The determination as to whether a road shall be public or private shall be made by the Developer at the time of Preliminary Subdivision Plat approval. The Developer shall create an appropriate declaration of covenants and a property owners' association which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements, where such systems are not dedicated to a governmental agency. PROJECT INTENSITY The total acreage of the Breezewood PUD is approximately 7.41 acres. The commercial retail and office uses shall have a maximum gross floor area of 10,000 square feet per gross acre for a maximum square footage of 74,100 square feet. The office uses shall be permitted at 15,000 square feet per gross acre and the hotel/motel use is permitted at 26 units per gross acre of the tract. Commercial retail principal uses are permitted throughout the 7.41 acre parcel in accordance with the requirements stated in this PUD document. OFF-STREET PARKING REQUIREMENTS As required by Division 2.3 of the LDC in effect at the time permits are requested. SIGNS Minimum standards for signs shall be as provided for within Section 2.5 of the LDC in effect at the time permits are requested. SUNSET AND MONITORING PROVISIONS 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.". EASEMENTS FOR UTILITIES Easements, where required, 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 of construction plans and plan approvals, as required. 3-3 3.10 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 in effect at the time of construction plan approval. 3.11 LAKE SETBACK AND EXCAVATION The lake setback requirements described in the LDC, Section 3.5.7.1, may be reduced with the administrative approval of the Collier County Environmental and Development Services Administrator. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in LDC, Section 3.5.7.3.1, subject to meeting the County fetch formula; however, removal of fill from the Project shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated, unless a commercial excavation permit is received. 3.12 LANDSCAPING All landscaping requirements, buffers, walls, berms, etc. shall be developed in conformance with the requirements of Division 2.4 of the LDC. 3.13 NATIVE VEGETATION RETENTION REQUIREMENTS The Project shall retain fifteen percent of the viable naturally functioning vegetation on site (a minimum of one-half acre) as required by Section 3.9.5.5.4 of the LDC. The one-half acre of preservation shall be identified at the time of the first development order submittal (i.e., SDP or Plat/Plans). 4-1 SECTION IV COMMERCIAL LAND USE DISTRICT 4.1 PURPOSE The purpose of this section is to set forth the permitted uses and development standards for the area designated on the PUD Master Plan, Exhibit %,' as 'C' Commercial. PERMI'I-rED USES AND STRUCTURES 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: Permitted Principal Uses and Structures permitted throughout the parcel: 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Amusement and Recreation Services (Groups 7911-7941, 7991, 7993). 3. Apparel and Accessory Stores (Groups 5611-5699). · 4. Auto and Home Supply Stores (Group 5531). 5. Automotive Repair, Services, and Parking (Groups 7514, 7515, 7534, 7542), subject to Section 2.6.28 of the LDC. 6. Building Materials, Hardware and Garden Supplies (Groups 5211-5261). 7. Business Services (Groups 7311, 7313, 7334-7335, 7371-7379, 7384). 8. Child Day Care Services (Group 8351). 9. Miscellaneous Retail (Groups 5912-5963, except pawnshops and all uses dealing with secondhand merchandise, 5992-5999). 10. Depository Institutions (Groups 6011-6099). 11. Eating and Ddnking Places (Groups 5812-5813). 12. Electrical Repair Shops (Group 7622 automotive radio, radio, television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines). 4-:2 13. Engineering, Accounting, Research, Management, and Related Services (Groups 8711-8713, 8721, 8741-8743, 8748). 14. Food Stores (Groups 5411-5499). 15. Gasoline Service Stations (Group 5541 except madne service stations and truck stops subject to LDC, Section 2.6.28). 16. Group Care Facilities (Category I and II); Care Units except for homeless shelters; and Nursing Homes, subject to LDC, Section 2.6.26). 17. General Merchandise Stores (Groups 5311-5399). 18. Health Services (Groups 8011-8049, 8082, 8093, 8099). 19. Holding and Other Investment Offices (Groups 6712-6799). 20. Home Furniture, Furnishings, and Equipment Stores (Groups 5712-5736). 21. Hotels and Motels (Group 7011 in accordance with the development standards in this PUD document). 22. Insurance Agents, Brokers, and Service (Group 6411). 23. Insurance Carriers (Groups 6311-6399). 24. Libraries (Group 8231). 25. Legal Services (Group 8111). 26. Membership Organizations (Groups 8611-8661, 8699). 27. Miscellaneous Personal Services (Groups 7211, 7212, 7215, 7216 non- industrial dry cleaning only, 7221-7251, 7291). 28. Miscellaneous Repair Services (Group 7631). 29. Museums and Art Galleries (Group 8412). 30. Nondepository Credit Institutions (Groups 6111-6163). 31. Paint, Glass and Wallpaper Stores (Group 5231). 32. Professional and Medical Office 33. Public Finance, Taxation and Monetary Policy (Group 9311 property tax assessors' office and taxation departments only). 4-3 Bo 4.2 34. 35. 36. 37. 38. 39. 40. Public Order and Safety (Groups 9211 and 9224). Real Estate (Groups 6512, 6531-6552). Social Services (Groups 8322 activity centers, elderly or handicapped, adult day care centers; and day care centers; adult and handicapped only, and 8351). United States Postal Service (Group 4311, except major distribution center). Veterinary Services (Groups 0742, 0752, excluding outside kenneling). Video Tape Rental (Group 7841). Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in this district. PERMITED ACCESSORY USES AND STRUCTURES Uses and structures that are accessory and incidental to uses permitted in this district. DEVELOPMENT STANDARDS FOR ALL PERMITTED USES EXCEPT HOTEL AND MOTEL USE A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred feet (100'). C. Minimum Setbacks: From Immokalee Road: Fifty feet (50') Front Yard: Twenty-five feet (25'). All other yards: FiEeen feet (15'). D. Maximum Height: Fifty feet (50'). E. Minimum Floor Area of Principal Structure: Seven hundred (700) square feet gross floor area for each building on the ground floor. F. Distance between principal structures: None, or a minimum of five feet (5') with ' unobstructed passage from front to rear yard. 4-4 4.3 4.4 No outside display of merchandise or storage is permitted unless horizontally visually screened by an acceptable vertical structure. HOTEL AND MOTEL DEVELOPMENT STANDARDS Do Fo Minimum Lot Area: One (1) acre. Minimum Lot Width: One hundred fifty feet (150'). Minimum Yard Requirements: 1. 2. From Immokalee Road: Fifty feet (50') Front Yard: Fifty-five percent (55%) of building height with a minimum of twenty feet (20'). All other yards: Twenty feet (20'). Maximum Height: Six stories with a maximum height of sixty feet (60'). Distance between principal structures: Fifteen feet (15') or one-half (%) the sum of the building heights, whichever is greater. Minimum standards for lighting and landscaping shall be in accordance with the Code in effect at the time final local development orders are requested. BUFFERS Minimum standards for buffers shall be in accordance with LDC, Section 2.4, in effect at the time final local development orders are requested, unless otherwise specified herein or on the PUD Master Plan, Exhibit "A." All buffer setbacks shall be measured from platted lot boundaries. The following identifies the buffer according to land use type: Internal Buffers on: Commercial: 1. 10' adjacent to hotel parcel 2. 10' adjacent to internal rights-of-way Bo Hotel: 1. 2. 10' adjacent to commercial parcels 10' adjacent to internal rights-of-way $-1 SECTION V GENERAL DEVELOPMENT COMITMENTS 5.1. GENERAL 5.2 5.3 A. All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same, shall apply to this Project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations, as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. Owen Ward, Trustee, his successors and assigns, shall be bound by said documents, commitments, and stipulations. ENVIRONMENTAL Ao 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. The Project shall retain fifteen percent of the viable naturally functioning vegetation on site (a minimum of one-half acre) as required by Section 3.9.5.5.4 of the LDC. The one-half acre of preservation shall be identified at the time of the first development order submittal (i.e., SDP or Plat/Plans). TRANSPORTATION The Developer shall be responsible for the construction of turn lanes at the Project entrance when required by the County Transportation Services Department. To the extent practical, coordinate access with the adjacent commercial development planned to the west of the subject property, including an interconnection to an internal roadway system as may be required of adjoining developments. (Donovan Center). 5-?. 5.5 Do Fo 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. Provide arterial level street lighting at the Project entrance prior to issuance of the first certificate of occupancy. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. Consider these improvements to be "site related" as defined in Ordinance No. 92-22, and shall not be eligible for any credits toward any impact fees required by that Ordinance. All improvements, except signalization, shall be in place before any certificates of occupancy are issued. Consider access into each tract, as shown on the conceptual PUD Master Plan as informational only. Location and number is subject to preliminary plat approval in accordance with the requirements of Division 3.2 of the LDC. Ho Demonstrate before construction plans approval, that there is a legal dght 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 assumed by the County. .. UTILITIES Ao 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 maintained 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 waste and/or sewer facilities are available to serve the Project. 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 5-3 o 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 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. 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. Prior to approval of construction documents by the County, the Developer must present verification, pursuant to Chapter 367, .Florida Statutes, 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 County can provide these services through its water and sewer facilities. 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 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 right-of-way line of Immokalee 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. 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 sped~ed in the County's Water Master Plan. The coordination for the location and sizing of the main extension shall be processed through the County Utilities 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 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. I I/'Z3/~l-~l~l I ] Va: INI-k,le~lal $-4 5.6 B. En.clineerin~: Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations, as set forth in Division 3.2 of the LDC. WATER MANAGEMENT Ao Detailed paving, grading and site drainage plans shall be submitted to Planning Services for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Planning Services Director or Department. A Florida Department of Transportation and South Flodda Water Management District permit approval to outfall into the Cocohatchee canal shall be submitted before construction plan approval. Before construction plan approval, a copy of the U.S. Army Corps of Engineers and South Flodda Water Management District permits shall be submitted to Planning Services. A ~o.~cT: BREEZ~~D - ~UD MAWR ~N -- EXHI~ A SEC: ~P: RG[: R~SION ~1 50 48S 26E 05057-000-000 CMK/1278 W~onM~, ~c STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-88 Which was adopted by the Board of County Commissioners the 14th day of Dece~er, 1999 during Regular Session NIINBS$ m~ ~a~O and t~e o~c~a~ ~ea~ o~ t~e ~oa~O County Commissioners of Collier County, Florida, this"lSth day of December, 1999. ~"1 ~I T~/'~/~1 TI' DWIGHT Clerk of Courts and ~x-officto to County Commissione~s By: ~llie Hoffman. Deputy Clerk