Ordinance 2010-40
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AN ORDINANCE OF THE BOARD OF COUNTY <;0:'> ~ ("
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ~t;.::. /" ~
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, ~~> ~ -0
THE COLLIER COUNTY LAND DEVELOPMENT CODE (;..('<;\ '-::;::
WHICH INCLUDES THE COMPREHENSIVE ZONING 'c:,~;;. <b
REGULATIONS FOR THE UNINCORPORATED AREA OF '%~
COLLIER COUNTY, FLORIDA, BY AMENDING THE v
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM
COMMERCIAL (C-2) AND MOBILE HOME (MH) ZONING
DISTRICTS WITH A RURAL FRINGE MIXED USE NEUTRAL
LANDS OVERLAY TO A COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD) ZONING DISTRICT, WITH
REMOVAL OF THE RURAL FRINGE MIXED USE NEUTRAL
LANDS OVERLAY, TO BE KNOWN AS THE CORKSCREW
COMMERCIAL CENTER CPUD. THE PROJECT WILL
ALLOW DEVELOPMENT OF A MAXIMUM OF 60,000 """. 1
SQUARE FEET OF COMMERCIAL, RETAIL, OFFICE, ',. ,.~ "),~
CHURCH AND SCHOOL USES. THE PROPERTY IS'. q
LOCATED AT THE NORTHWEST CORNER OF. 0';0
IMMOKALEE ROAD AND PLATT ROAD, IN SECTION 27,,-,,."')
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TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLL{ER '-,
COUNTY, FLORIDA CONSISTING OF 8 ACRES; AND BY ,u ;?) (,
PROVIDING AN EFFECTIVE DATE. "), -l CJ
ORDINANCE NO. 10- 40
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WHEREAS, Wayne Arnold of Q. Grady Minor and Associates, Inc. and Richard
Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing Robert E.
Williams, Trustee of the Robert E. Williams Trust dated October 5, 2004, 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 27,
Township 47 South, Range 27 East, Collier County, Florida, is changed from Commercial (C-2)
and Mobile Home (MH) Zoning Districts with a Rural Fringe Mixed Use Neutral Lands Overlay
Corkscrew Commercial Center
PUDZ-2008-AR-14048
Rev, 9/08/10
Page I of2
to a Commercial Planned Unit Development (CPUD) Zoning District, with removal of the Rural
Fringe Mixed Use Neutral Lands Overlay, to be known as the Corkscrew Commercial Center
CPUD in accordance with Exhibits A through F, attached hereto and incorporated by reference
herein. The appropriate zoning atlas map or 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 become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this 2(0 -th day of CtWk:::eV, 2010.
ATTEST: 0 .C'" "
DWIGHT,E>13ROC~;CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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FRED W. COYLE, Chairman
By:
Approved as to form and
legal sufticiency:
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Heidi Ashton-Cicko
Assistant County Attorney
Land Use Section Chief
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Attachments: Exhibit A - Permitted Uscs
Exhibit B - Dcvelopment Standards
Exhibit C - Master Concept Plan
Exhibit D - Legal Description
Exhibit E - List of Deviations
Exhibit F - Developer Commitments
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Corkscrew Commercial Center
PUDZ-2008-AR-14048
Rev. 9/08/10
Page 2 of2
EXHIBIT A
CORKSCREW COMMERCIAL CENTER CPUD
PERMITTED USES
I. Permitted Uses
The 8ic acre commercial project shall be developed with no more than 60,000 square feet of gross
leasable floor area. No building or structure, or part thereof, shaH be erected, altered or used, or
land used, in whole or in part, for other than the following:
A. Principal Uses:
1. Accounting - Group 8721
2, Adjustment and collection services - Group 7322
3, Advertising agencies - Group 7311
4. Apparel and accessories store (up to 1,800 square feet) - Groups 5611, 5621,
5632,5641,5651,5661,5699
5. Architectural services - Group 8712
6. Auditing - Group 8721
7. Automobile parking, parking garages & structures - Group 7521
8. Banks, credit unions and trusts - Groups 6011, 6019, 6021, 6022, 6029, 6035,
6036,6061,6062,6081,6082,6091,6099
9. Barber shops (except barber schools) - Group 7241
10, Beauty shops (except beauty schools) - Group 7231
11. Bookkeeping services - Group 8721
12. Business consulting services - Group 8748
13. Business credit institutions - Groups 6153, 6159
14. Child day carc services - Group 8351
15. Churches - Group 8661
16. Civic, social and fraternal associations - Group 8641
17, Commercial art and graphic design - Group 7336
18. Commercial photography - Group 7335
19, Computcr and computer software stores (up to 1,800 square feet) - Group 5734
20. Computer programming - Groups 7371, 7372, 7373, 7374, 7375, 7376, 7377,
7378, 73 79
21. Credit rcporting services - Group 7323
22. Debt counseling only - Group 7299
23. Direct mail advertising services - Group 7331
24. Eating places - Group 5812
25, Education services - Groups 8211, 8221, 8222
26. Educational plants
27. Engineering services - Group 8711
September 9, 2010
Page 1 of9
BCCZ
28, Essential services, subject to LDC Section 2.01.03
29, Food stores, except supermarkets (up to 2,800 square feet) - Groups 5411, 5421,
5431,5441,5451,5461,5499
30, Funeral services (except crematories) - Group 7261
31. Garment pressing, and agents for laundries and drycleaners - Group 7212
32. Gasoline service station, subject to LDC Section 5,05.05 (allowed in Area I only,
with a maximum of 5,000 square feet and 12 vehicle fueling positions) - Group
5541
33, General merchandise stores - Groups 5331,5399,
34. Group care facilities (category I & II, except homeless shelter), subject to LDC
Section 5,05.04.
35. Hardware stores - Group 5251
36, Health services - Groups 8011, 8021, 8031, 8041, 8042, 8043, 8049
37, Home furniture, furnishings, equipment store - Groups 5713, 5714, 5719
38. Home health care services - Group 8082
39. Insurance agencies, brokers, carriers - Groups 6311, 6321, 6324, 6331, 6351,
6361,6371,6399,6411
40, Landscape architects, consulting & planning - Group 0781
41, Legal services - Group 8111
42, Libraries (except regional libraries) - Group 8231
43. Loan brokers - Group 6163
44. Management and public relations - Groups 8741, 8742
45. Mortgage bankers and loan correspondents - Group 6162
46, Musical instrument stores - Group 5736
47. Paint, glass, wallpaper stores - Group 5231
48. Personal credit institutions - Group 6141
49. Photocopying and duplicating services - Group 7334
50, Photofinishing laboratories, pick-up and drop-off establishments only - Group
7384
51. Photographic studios - Group 7221
52, Physical fitness facilities (physically integrated and operated in conjunction with
another permitted use in this district) - Group 7991
53. Public relations services - Group 8743
54, Radio, television and consumer electronics store - Group 5731
55. Radio, television and publishers advertising representatives - Group 7313
56. Real estate - Groups 6531,6541, 6552
57. Record and prerecorded tape stores - Group 5735, excluding adult oriented sales
and rentals
58. Religious organizations - Group 8661
59. Repair services - miscellaneous, cxcluding aircraft, business and office machines,
large applianccs, and white goods such as refrigerators and washing machines
- Groups 7629, 7631
60. Retail services - miscellaneous - Groups 5912, 5942, 5943, 5944, 5945, 5946,
5947,5948,5949,5961
61. Secretarial and court reporting services - Group 7338
September 9, 20 J 0
Page 2 01'9
BCCZ
62, Security and commodity brokers, dealers, exchanges services - Groups 6211,
6221,6231,6282,6289
63, Shoe repair shops or shoeshine parlors - Group 7251
64. Social services, individual and family - Group 8322
65, Surveying services - Group 8713
66, Tax return preparation services - Group 7291
67, Travel agents, and no other transportation services - Group 4724
68. United States postal service, excluding major distribution center - Group 4311
69. Veterinary services - Group 0742, Excludes outdoor kenneling
70, Videotape rental - Group 7841, excluding adult oriented sales and rentals
71. Any other commercial use or professional service which is comparable in nature
with the foregoing uses, as determined by the Board of Zoning Appeals.
B, Accessory Uses/Structures:
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
I. Uses and structures that are accessory and incidental to the permitted principal
uses,
2, Cocktail lounges (Group 5813), only in conjunction with eating places (restricted
to inside of building number 3).
3. Car Wash (single bay, drive-through, allowed in Area I only) - Group 7542
4. Caretaker's residence, subject to LDC Section 5,03,05,
5, Outdoor Seating (no amplified music or sound shall be permitted)
6. Sidewalk sales, subject to LDC Section 4.02.12.
September 9. 2010
Page 3 of9
BCCZ
EXHIBIT B
CORKSCREW COMMERCIAL CENTER CPUD
DEVELOPMENT STANDARDS
Table I below sets forth the development standards for land uses within the Corkscrew
Commercial Center CPUD, Standards not specifically set forth herein shall be those specified in
the applicable sections of the Land Development Code (LDC) in effect as of the date of approval
of the Site Development Plan (SDP) or Subdivision plat.
TABLE I
Development Standards for Commercial District
Principal Structures Accessory Structures
Minimum Lot Area 10,000 square feet N/A
Minimum Lot Width 75 feet N/A
Minimum Setbacks - External
From External Rights-of-way 25 feet SPS
From Western and Northern Boundary 25 feet SPS
Minimum Setbacks - Internal
Internal Drives/ROW I 0 feet 10 feet
Preserve 25 feet 10 feet
Minimum Separation of Structures 10 feet or y, sum of building 10 feet
heights, whichever is greater
Maximum Building Height
Maximum Zoned Height I story, not to exceed 25 feet I story, not to exceed
25 feet
Maximum Actual Height I story, not to exceed 30 feet I story, not to exceed
30 feet
Minimum Floor Area 1,000 square feet · N/A
Maximum Gross Leasable Area 60,000 square feet N/A
· Per subdivided lot, excluding parking areas under buildings
SPS = Same as Principal Structure
September 9, 2010
Page 4 of9
BCCZ
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EXHIBIT D
CORKSCREW COMMERCIAL CENTER CPUD
LEGAL DESCRIPTION
The subject property is 8.0 +/- acres, is located in Section 27, Township 47 South, Range 27
East, and is more fully described as follows:
THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 27
EAST, LESS THE SOUTH 30 FEET THEREOF, RESERVED FOR ROAD PURPOSES AND
EXCEPT THE RIGHT-OF-WAY FOR STATE ROAD 846, COLLIER COUNTY, FLORIDA.
September 9. 2010
Page 6 01'9
BCCZ
EXHIBIT E
CORKSCREW COMMERCIAL CENTER CPUD
DEVIA nONS
1. Deviation #1 seeks relief from LDC Section 5.05.08 C.9, Architectural Design
Standards, which requires all sides of a non-residential building within a PUD to be
treated as primary facades, to allow the west side of Building I and the north side of
Building 2 to be treated as non-primary facades.
2, Deviation #2 seeks relief from LDC Subsection 5.03,02 H.l.c, Fences and Walls,
which requires an eight (8) foot high masonry wall within the landscape buffer along
Platt Road to allow for a double row four (4)-foot high hedge planted three (3) feet on
center in lieu of the wall.
3. Deviation #3 seeks relief from LDC Subsection 5,05,05 D,I, Automobile Service
Stations, which requires a minimum 25 foot wide landscape buffer to allow for a
minimum 15-toot wide Type D landscape buffer.
September 9, 2010
Page 7 of9
BCCZ
EXHIBIT F
CORKSCREW COMMERCIAL CENTER CPUD
DEVELOPER COMMITMENTS
1. Regulations for development of the Corkscrew Commercial Center CPUD shall be in
accordance with the contents of this CPUD Document and applicable sections ofthe LDC
and Growth Management Plan (GMP) in effect at the time of issuance of any
development order to which said regulations relate, Where this CPUD Ordinance does
not provide development standards, then the provisions of the specific sections of the
LDC that are otherwise applicable shall apply,
2. The Corkscrew Commercial Center CPUD shall be developed using a common
architectural theme throughout the project. All buildings will be designed to reflect a rural
or rustic character.
3, The Corkscrew Commercial Center CPUD shall be designed and developed to minimize
unnecessary outdoor lighting, Due to the rural character of the surrounding area, all light
fixtures will be shielded to direct illumination only onto the subject property and will use
the minimum brightness necessary. The developer shall follow International Dark
Associations (IDA) "Simple Guidelines for Outdoor Lighting Regulations" and shall
specify "Fixture Seal of Approval" (FSA) lighting by the IDA.
4. Because ambient noise levels are typically lower in rural areas than in urban areas, the
developer shall minimize intrusive noise by prohibiting outdoor amplified sound
excluding intercom systems utilized for communication with service attendant.
5. Only one, single-bay car wash facility may be permitted within the PUD, and shall only
be permitted in Area I identified on the conceptual master plan, The car wash facility
must be designed, built and operated utilizing a recycled water system in order to
minimize water and wastewater demand for the facility.
6. Owner shall reserve a thirty (30) foot wide strip along the entire Immokalee Road
property frontage and shall convey to the County a storm water easement prior to receipt
of its first certificate of occupancy. As compensation for the thirty (30) foot wide
storm water casement, Collier County shall grant to the Developer transportation impact
fee credits equal to the fair market value of the stormwater easement on the date of it's
conveyance. The amount of the transportation impact fee credits shall be based upon an
appraisal done by the County which appraisal shall be completed within 90 days of the
approval of the PUD, If the owner disagrees with the County's appraisal or the County
fails to timely complete its appraisal, the owner may obtain its own appraisal and the
amount of the transportation impact fee credits shall be the average of the two appraisals,
If the County fails to timely complete its appraisal, the owner may obtain its own
September 9, 20 I 0
Page 8 of9
Beel
appraisal and the amount of the transportation impact fee credits shall be the amount in
the developer's appraisal. The owner shall also be permitted to utilize the stofmwater
easement for storm water management and open space, Collier County shall incorporate
the stormwater management into the roadway design for Immokalee Road.
7, No outdoor dining or activities shall be permitted after 10:00 p.m" except that fueling
operations can occur beyond 1 0:00 p,m.
8, A six (6) feet high wall shall be constructed within the project's western PUD landscape
buffer, and shall extend from Platt Road, north approximately five hundred (525:1:) feet,
which shall be at least 20 feet beyond the northern edge of the parking area, as shown on
the PUD master plan. Landscaping shall be provided on the exterior of the wall in
accordance with the requirements of the LDC,
9. Any tenant space located within Building #3 and occupied by a restaurant use shall be
required to utilize construction methods incorporating noise attenuation techniques such
as additional insulation materials on walls and ceilings, Windows and doors must remain
closed except when patrons are entering or exiting the premises.
September 9. 20 I 0
Page 9 of 9 HeeZ
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 2010-40
Which was adopted by the Board of County Commissioners
on the 26th day of October, 2010, during Regular Session,
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of October, 2010.
DWIGHT E, BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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