Loading...
Ordinance 2001-007ORDINANCE NO. 01- 07 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED GGE01; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS RAGGE PUD FOR A MIXTURE OF COMMERCIAL AND OFFICE USES ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION BETWEEN PINE RIDGE ROAD (C.R. 896) AND WHIPPORWILL LANE IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.78 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing Ronald W. Ragge, Natalie E. Jones, Cheryl L. Ragge, and Claire Ragge, 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 7, Township 49 South, Range 26 East, Collier County, Florida, is changed from "E" Estates to "PUD" Planned Unit Development in accordance with the Ragge PUD Document, 'attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered GGE01, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: 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 · · ' '7~ ~ : ATTEST: DWIGHT E. BROC~,'CLERK Attest as to signature Approved as to Form and Legal Sufficiency Marj orid../Vl. Student ' Assistant County Attorney dayof .~2~.,s-~ ,2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 3ames , CHAIRMAN This ordinonce filed with ti-,r~ Secretary of Stcte's Offic~ the ~"~-~ day of ~ ~,~1~, ~/' - and acknowledgement of that filina received this ~ day of ~~ ~~/.. , ~u~ C~ G/admin/PUD-2000-06/RB/im RAGGE PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: RONALD W. RAGGE, NATALIE E. JONES, CHERYL L. RAGGE, AND CLAIRE RAGGE cio RONALD W. RAGGE 3609 RAINEY RIVER ROAD LAS VEGAS, NEVADA 89108 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER March 20, 2000 February 27, 2001 ,February 1, 2001 Februa ,ry 27, 2001 EXHIBIT "A" TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS PAGE i ii 1 2 4 6 13 LIST OF EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C PUD MASTER PLAN CONCEPTUAL WATER MANAGEMENT/UTILITY PLAN SKETCH OF REAR WALL STATEMENT OF COMPLIANCE The development of approximately 4.50 acres of property in Collier County, as a Planned Unit Development (PUD) to be known as the Ragge PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Ragge PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. The subject property is located at the northwest corner of the intersection between Pine Ridge Road and Whippoorwill Lane. This strategic location allows the site superior access for the location of highway interchange land uses, as permitted by the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the Development's intensity of land uses as required in Objective 2 of the Future Land Use Element. The Project will have a shared access, with the adjacent tract to the east, and their only access onto Pine Ridge Road is a designated access point with an existing traffic signal on the Collier County Access Management Plan, as described in Policy 4.4 of the Future Land Use Element. The project Development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The Project shall be in compliance with all applicable County regulations including the Growth Management Plan. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. 1.1 1.2 1.3 1.4 1.5 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Ragge PUD. LEGAL DESCRIPTION The subject property being 4.50 acres, and located in Section 7, Township 49 South, and Range 26 East, is described as: Tract 60 less the east 30 feet of the southern 275 feet and the southern 15 feet purchased for road right-of-way, Golden Gate Estates Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida. PROPERTY OWNERSHIP The subject property is owned by: Ronald W. Ragge and Natalie E. Jones (formerly Natalie E. Ragge) own an undivided 70% interest, Cheryl L. Ragge owns an undivided 20%, and Claire Ragge owns an undivided 10% interest, c/o Ronald W. Ragge, 3609 Rainey River Road, Las Vegas, Nevada 89108. GENERAL DESCRIPTION OF PROPERTY ARE?, The subject property is located at the northwest corner of the intersection between Pine Ridge Road and Whippoorwill Lane (unincorporated Collier County), Florida. The property is currently vacant. The entire Project site currently has Estates Zoning and is proposed to be rezoned to PUD. PHYSICAL DESCRIPTION The Project site is located within the 1-75 canal basin as shown on the Collier County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the 1-75 canal system. The Project will be designed for a storm event of 3-day 2 duration and 25-year return frequency as well as water quality in accordance with the Rules of South Florida Water Management District. Elevations of the property range from 11.5 feet NGVD to 12.0 feet NGVD, with an average existing grade of 11.7 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Panel#120067 0425 D). The soil type of the subject site is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The site has been previously farmed and is classified as Fallow Crop Land according to FLUCCS. 1.6 PROJECT DESCRIPTION The Ragge PUD will include a mixture of commercial and office uses. The Ragge PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Master Plan is iljustrated graphically on Exhibit "A," PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Ragge Planned Unit Development Ordinance." 3 2.1 2.2 PURPOSE SECTION II PROJECT DEVELOPMENT REQUIREMENTS The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. GENERAL Ao Regulations for development of the Ragge PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. All conditions imposed and graphic material presented depicting restrictions for the development of the Ragge PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code at the earliest, or next to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this Development. 4 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES 2.4 2.5 Ao The project Master Plan is iljustrated graphically by Exhibit "A," PUD Master Plan. Bo Minor modifications to Exhibit "A," may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "A," easements such as (utility, private, or semi-public) shall be established and/or vacated within or along the property as may be necessary. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A," PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Co Appropriate instruments will be provided at the time improvements regarding any dedications, and the providing perpetual maintenance of common facilities. of infrastructural methodology for AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 5 3.1 3.2 3.3 SECTION III COMMERCIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for Areas "A," "B," and "C" of the site as shown on Exhibit "A," PUD Master Plan. GENERAL DESCRIPTION Areas designated on the PUD Master Plan are intended to provide commercial land uses, especially those serving travelers, and office uses. The 4.78-acre site is located at the northwest corner of the intersection between Pine Ridge Road and Whippoorwill Lane. It is also designated as being within an Interstate Activity Center on the Collier County Future Land Use Map. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Area "A" Permitted Principal Uses and Structures: 1. Open Space. 2. Stormwater Management Areas. B. Area "B" Permitted Principal Uses and Structures; 1. Apparel and Accessory stores (groups 5611 - 5699). Depository and Non-Depository Institutions (groups 6021-6099). 3. Eating Places (group 5812, sit-down restaurants only). Food Stores (groups 5411 groceries and supermarkets only, 5421, 5431 except roadside sales - 5499). 5. General Merchandise Stores (groups 5311 - 5399). 6. Health Services (groups 8011 - 8049, 8082). 6 Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). 8. Hotels and Motels (group 7011). 9. Insurance Agents, Brokers, and Services (group 6411). 10. Legal Services (group 8111). 11. Miscellaneous Retail (groups 5912 (Drug Stores), 5941 (Sporting Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992 (Florists), 5993 (Tobacco Stores), 5994 (Newsstands), 5995 (Optical Goods), 5999 (except auction rooms, monument and tombstone sales)). 12. Paint, Wallpaper, Hardware, and Lawn & Garden Supply Stores (groups 5231 except glass stores, 5251, 5261). 13. Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7215, 7217, 7219 - 7261 except crematories, 7291). 14. Real Estate Agents and Managers (group 6531). 15. Travel Agencies (group 4724). 16. Video Tape Rental (group 7841). 17. Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). 18. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. Area "C" Permitted Principal Uses and Structures' All Permitted Principal Uses for Area "B" as described within this PUD Document. Auto Rental Services and Car Washes (groups 7514, 7542 only for automobiles and trucks/buses of 1 ton or less capacity). 7 3.4 Auto Supply Stores (group 5531) and new and used motorcycle sales and service of related merchandise (groups 5571, 7699 motorcycle repair facility only). Eating Places (group 5812). Any other commercial use or professional service use which is comparable in nature with the foregoing uses. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this PUD document. 2. Drinking Places (group 5813, only in conjunction with Places) 3. Exterior speakers for drive-through exterior loud speakers and public address systems are prohibited. DEVELOPMENT STANDARDS Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: Seventy-five (75) feet. Minimum Yards: (1) Principal structures: (a) Front Yards Along Pine Ridge Road - Twenty-five (25) feet. (b) Front Yards Along Livingston Woods Lane - Eighty (80) feet. (c) Side Yards - Ten (10) feet, unless attached. (2) Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application; Eating facilities are permitted but 8 however, all accessory structures shall be set back a minimum of eighty (80) feet from Livingston Woods Lane. Distance Between and Number of Principal Structures: Twenty (20) feet unless attached. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. Maximum Hei.qht: Three (3) stories or thirty-five (35) feet.) Motorcycle Sales and Repair Facility Requirements: (1) Services related to motorcycle repair shall only be provided within a fully enclosed, air-conditioned building. (2) Motorcycle repair services shall only be provided between the hours of 8:00 A.M. to 6:00 P.M. during any day of the week. (3) Customers or other facility users shall not utilize streets or lots within the subdivision to the north (Livingston Wood Estates) for the purposes of "test riding" motorcycles. (4) All buildings for these facilities shall be located at least 300 feet away from the Livingston Road right-of-way. (5) Repair service doors shall not face the north. Off-Street Parkinq and Loadin,q Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space Requirements: A minimum of thirty (30) percent open space of the gross area for the entire PUD, excluding the thirty (30) foot wide R.O.VV. easement within 9 Livingston Woods Lane, shall be devoted to open space, as described in Section 2.2.20.3.5 of the Land Development Code. (1) (2) (3) Area "A" of the PUD Master Plan shall contain a minimum of .57 acre of open space. Area "B" of the PUD Master shall contain a minimum of .44 acre of open space. Area "C" of the PUD Master Plan shall contain a minimum of .34 acre of open space. BufferinR Requirements: (1) (2) (3) A twenty (20) foot wide Type "D" Buffer shall be provided along Pine Ridge Road, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. A ten (10) foot wide Type "A' Buffer shall be provided along the eastern/western PUD boundaries, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code, except in Area "C" along the eastern property boundary abutting the ingress-egress ROW, where a ten (10) foot wide Type "D" Buffer shall be provided. A twenty (20) foot wide Type "D" Buffer shall be provided along Livingston Woods Lane, with more stringent screening than required in Section 2.4.7.4 of the Collier County Land Development Code. Trees shall be spaced a minimum of fifteen (15) feet on- center and a single row of shrubs shall be spaced a minimum of three (3) feet on-center, with both trees and shrubs located on the northern side of an eight (8) foot tall architecturally finished masonry wall. Such wall shall have a common architectural theme with the other buildings and signage within the PUD as described in Section 4.8B. of this PUD document, shall be conceptually similar in nature to Exhibit "C" Rear Wall Sketch, and be installed and maintained with a finished side out towards Livingston Wood Lane. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. This buffer shall be installed as a required improvement for the first Site Development Plan within the subject PUD and the masonry wall shall be completed prior to any vertical construction on the site. Additionally, between the wall and the northern boundary of Area 10 "B", there shall be planted at least fifteen (15) Red Maples trees, or similar species, that are at least eight (8) feet tall. (4) Buffering between Area "B" and Area "C" of the PUD, shall be a five (5) foot wide buffer along both sides of the paved roadway, with trees spaced a minimum of twenty (20) feet on-center and a single row of shrubs spaced a minimum of three~(3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. (5) Buffering between other internal parcels within Area "B" or Area "C" of the PUD, shall be a shared ten (10) foot wide buffer with five (5) feet of this buffer along each parcel to be developed, and with trees spaced a minimum of twenty (20) feet on-center and a single row of shrubs spaced a minimum of three (3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. (6) Buffering between Area "B" and Area "A" shall not be required. (7) Required landscaping shall be maintained, and where it dies, such landscaping shall be replaced within ninety (90) days. Si.qns Signs shall be permitted as described in Section 2.5.5 of the Collier County Land Development Code except pole signs, as described in Section 2.5.5.2.5.1 shall not be permitted. Ground signs, as described in Section 2.5.5.2.5.1, shall be permitted but shall not exceed a maximum height of eight (8) feet. Signage shall also meet the architectural standards further described in Section 4.8B. of this PUD Document. Solid Waste Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.8B. of this PUD Document. Li~htin.q Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted within Area "C" 11 and not exceeding a height of twelve (12) feet shall be permitted within Area "B". Lighting shall meet the architectural standards further described in Section 4.8B. of this PUD Document. Lighting shall be designed so that glare does not extend off-site onto residential properties. 12 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this Project. 4.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee shall agree to follow the PUD Master Plan and the regulations of this PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is bound by the commitments within this Agreement. 4.3 PUD MASTER PLAN Ao Exhibit "A," PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. 13 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT 4.5 4.6 4.7 A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is expected to be completed in one or two phases. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitorin,q Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING Except as otherwise provided within this PUD Document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. UTILITIES 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. C. This project shall be serviced with a central sewer system. TRAFFIC The internal roadway design shall prohibit traffic from the commercial zone onto Livingston Wood Lane. Petitioner shall provide an access easement to the abutting parcel to the west, prior to any Final Site Development Plan approval within the Ragge PUD. 14 Co The petitioner shall be responsible for identifying and confirming the routing and capacity of storm water drainage outfall. 4.8 PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Bo All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. All buildings shall be primarily finished in light colors with stucco except for decorative trim. All roofs must be tile or metal and shall be peaked. Decorative parapet walls shall be constructed above the roof lines on flat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. 15 ---- j (~V~-~O-.LHOlU .09) .LV'~ a3d 'M's '3AY H.Ull 3NV'I .~]O0/A NO.L~DNIA]"I J.NVDVA - 9NINOZ S3.LV.J. S3 LIVINGSTON WOODS LAN£ 8TH AVE. S.W. PER PL~T (60' RIGHT-OF-WAY) [-~--~ ............. ~ ',1 , ., , ~mI ~ I ~ .................... 7 ~ ~m "'~ RAGGE PUD CONCEPTUAL WATER MANAGEMENT ~ ~m ~,~ "~t~[~{,~,~ EXHIBIT "B" i ~. I~. 0 0 0 i~. 0 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. 2001-07 Which was adopted by the Board of County Commissioners on the 27th day of February, 2001, during Regular Session. ~WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of March, 2001. DWIGHT E. BROCK Clerk of Courts and Cl~rk Ex-officio to Board of..' County Commissioners By: Ellie Hof fman, Deputy Clerk