Ordinance 2001-023ORDINANCE NO. 01- 23
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 8526N
BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
"PUD" TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS "VETERANS PARK COMMONS", FOR
PROPERTY LOCATED ON THE SOUTH SIDE OF
IMMOKALEE ROAD (C.R. 846), APPROXIMATELY
258 FEET WEST OF VETERANS PARK DRIVE, IN
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 5.02+ ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 96-33, AS AMENDED, THE
FORMER VETERANS PARK MEDICAL PUD; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, William Hoover of Hoover Planning & Development, Inc. and Andrew I. Solis of
Price, Siket & Solis, LLP, representing The Centre at Veterans Park, 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 26, Township
48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is
incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered
8526N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is
hereby amended accordingly.
SECTION TWO:
Ordinance Number 96-33, as amended, known as the Veterans Park Medical PUD, adopted on
June 25, 1996, by the Board of County Commissioners of Collier County, is hereby repealed in its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 ~ day of
.D~GHT E, i R,0"¢K, Clerk
Approved as to Fo~ ~d
Legal Sufficiency
Marj or~M: Stud'eht
Assistant County Attorney
,2001.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
This ordinance filed with the
Secretary of State's Office the
/ I;~:~day of '~, ~. ~ '~ aa/
and acknowfedgednent of that
fil(ng~ received this /~7~,day
r Deputy Clerk ~'~'
g/admin/PUD-96-01 (2 )/RB/cw
VETERANS PARK COMMONS PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
THE CENTRE AT VETERANS PARK LLC
DBA VETERANS PARK COMMONS
501 GOODLETTE ROAD N., SUITE 105
NAPLES, FLORIDA 34102
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING & DEV., INC.
3785 AIRPORT ROAD N., SUITE B
NAPLES, FLORIDA 34105
AND
ANDREW I. SOLIS
PRICE, SIKET & SOLIS, LLP
2640 GOLDEN GATE PKWY., SUITE 115
NAPLES, FLORIDA 34105
DATE FILED November 6, 2000
DATE REVISED March 12, 2001
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC ~'- ~ - O!
ORDINANCE NUMBER ~001- ~ 3
Exhibit "A"
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I
SECTION II
SECTION III
SECTION IV
PROPERTY OWNERSHIP AND DESCRIPTION
PROJECT DEVELOPMENT REQUIREMENTS
COMMERCIAL AREAS PLAN
DEVELOPMENT COMMITMENTS
PAGE
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ii
1
2
4
6
10
LIST OF EXHIBITS
EXHIBIT "a"
EXHIBIT "B"
EXHIBIT "C"
PUD MASTER PLAN
PUD WATER MANAGEMENT/UTILITY PLAN
LEGAL DESCRIPTION
STATEMENT OF COMPLIANCE
The development of approximately 5.02 acres of property in Collier County, as a
Planned Unit Development to be known as the Veterans Park Commons 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 Veterans
Park Commons PUD will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives for the following
reasons:
o
o
The subject property is within the Urban Residential - Mixed Use Designation as
identified on the Future Land Use Map, which permits commercial land uses.
The subject property further qualifies for commercial uses via the Office and In-
fill Commercial Sub-District of the Urban - Mixed Use District in the Future Land
Use Element since its average depth is approximately equal to the average
depth of the abutting Surrey Place PUD, that has commercial uses.
The subject property is located at the southwest corner of the intersection
between Immokalee Road and Veterans Park Drive. This strategic location
allows the site excellent access for the location of mixed commercial 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 development is compatible 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 Veterans Park Commons PUD.
LEGAL DESCRIPTION
The subject property totals 5.02 acres and is located within Section 26,
Township 48 South, Range 25 East, Collier County, Florida. A complete legal
description is provided within Exhibit "C".
PROPERTY OWNERSHIP
The subject property is owned by:
The Centre at Veterans Park LLC, d/b/a Veterans Park Commons, 501
Goodlette Road North, Suite 105, Naples, Florida 34102, except for the
northeast corner (Unit 1 of the Centre at Veteran's Park, a commercial
condominium according to the declaration thereof recorded in O.R. Book 2652,
Page 3004, Public Records of Collier County, Florida.) The northeast corner is
owned by Southern Community Bank, 250 North Orange Avenue, Orlando,
Florida 32801.
GENERAL DESCRIPTION OF PROPERTY AREA
The subject property is located at the southwest corner of Immokalee
Road and Veterans Park Drive (unincorporated Collier County), Florida.
The subject property is currently vacant and zoned PUD for commercial
land uses. The subject property consists of the 3.2-acre Veterans Park
Medical PUD and the 1.82-acre Tract "A" of the Veterans Park Center
PUD. The intended land uses are also being modified to allow additional
professional offices to be developed.
PHYSICAL DESCRIPTION
The site's only significant natural feature is Horse Creek, whose approximate
centerline defines the parcel's southern property boundary. Except for the
northern bank of Horse Creek the property has generally been cleared of natural
2
vegetation. Most of the site was previously developed as Fogg's Nursery. The
north bank of Horse Creek is vegetated with a variety of trees and understory
including palmettos.
The site has the following designation relative to flooding - FEMA FIRM Flood
Zone AE (Special flood hazard areas inundated by 100 year flood, based
elevation of 11 NGVD).
1.6 PROJECT DESCRIPTION
The Veterans Park Commons PUD is intended to be developed primarily for a
professional office park.
The Master Plan is iljustrated graphically on Exhibit "A", PUD Master Plan. ^
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 "Veterans Park Commons
Planned Unit Development Ordinance".
3
2.1
2.2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
PURPOSE
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
Regulations for development of the Veterans Park Commons 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 Veterans Park Commons 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.
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, semi-public, etc.) 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.
Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and the methodolOgy for
providing perpetual maintenance of common facilities.
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.
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3.1
3.2
3.3
SECTION III
COMMERCIAL AREAS PLAN
PURPOSE
The purpose of this Section is to identify specific development standards for the
Commercial Areas as shown on Exhibit "A", PUD Master Plan.
GENERAL DESCRIPTION
The project is intended to be developed as a professional office park.
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. Permitted Principal Uses and Structures:
1. Automobile parking (group 7521).
2. Business services (groups 7311, 7313, 7322 - 7331, 7338, 7361,
7371, 7372, 7342- 7376, 7379).
3. Child day care services (group 8351).
4. Civic, social and fraternal associations (group 8641).
5. Depository institutions (groups 6011-6099).
6. Drug stores (group 5912).
7. Educational services (groups 8211 - 8231).
8. Engineering, accounting, research, management and related
services (groups 0781, 8711 - 8721, 8741 - 8743, 8748).
9. Health services (groups 8011 - 8049, 8082).
10. Insurance carriers, agents, and brokers (groups 6311 - 6399,
6411).
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3.4
Co
11.
12.
13.
14.
15.
16.
17.
Legal services (group 8111).
Museums and art galleries (8412).
Non-depository credit institutions (groups 6141 - 6143).
Personal services (groups 7221 - 7261 except crematories, 7291).
Physical fitness facilities (group 7991).
Real estate (groups 6531 - 6541).
Any other commercial use or professional service, which is
comparable in nature with the foregoing uses.
Accessory Uses:
Uses and structures that are accessory and
Permitted Uses within this PUD Document.
incidental to the
Caretaker's residence, subject to Section 2.6.16 of the Land
Development Code in effect as of the date of adoption of this
Ordinance.
Conditional Uses:
1. Mixed residential and commercial uses as described in Section
2.2.12.3.7. of the Land Development Code in effect as of the date
of adoption of this Ordinance.
DEVELOPMENT STANDARDS
^. Minimum Lot Area:
Ten thousand (10,000) square feet.
B. Minimum Lot Width:
One hundred (100) feet.
C. Minimum Yards:
(1) Principal structures:
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(a)
Front Yard - Twenty-five (25) feet plus one (1) foot for each
foot of building height over thirty-five (35) feet.
(b) Side Yard - Ten (10) feet.
(c) Rear Yard - Twenty (20) feet.
(d) Yards Abutting PUD Boundaries - Twenty (20) feet.
(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.
Minimum Distance Between Principal Structures:
Twenty (20) feet.
Minimum Floor Area:
One thousand (1000) square feet for the principal structure on the first
habitable floor.
Maximum Heiqht:
Forty-five (45) feet.
Off-Street Parking and Loading Reauirements:
As required by Division 2.3 of the Collier County 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 shall be devoted to open space, as described in Section
2.2.20.3.5 of the Collier County Land Development Code.
Bufferinq Reauirements'
(1) In order to facilitate the retention of existing vegetation/trees, rows
of parking may contain more than ten (10) parking spaces
8
Jo
uninterrupted bY a landscaped island, provided a maximum
average of ten (10) parking spaces between landscaped islands is
maintained in each site development plan permitted through Collier
County.
(2)
Sidewalks, pedestrian walks, and bike paths may occur within
required buffers, however the width of the required buffer shall be
increased by the same amount as the width of the paved surface of
the sidewalk, pedestrian walk, or bike path.
(3)
The twenty-five (25) foot Buffer "A" required for the south property
line, which partially includes Horse Creek, shall maintain existing
vegetation to the extent allowed by the proposed development site
grading and drainage constraints. This buffer area, as now exists,
is heavily vegetated and may be utilized as an open space amenity
for passive uses, including: observation decks/platforms, seating
and picnic areas/pavilions, and similar uses. This buffer shall
minimally meet the requirements for a Buffer "A~ as described in
Section 2.4.7.4 of the Collier County Land Development Code.
Signs:
Signs shall be permitted as described in Section 2.5 of the Collier County
Land Development Code.
Li.qhtinq:
Lighting shall be designed so that glare does not extend off-site onto
neighboring residential properties or onto adjacent rights-of-way.
Common Architectural Theme:
All lighting, signage, landscaping and visible architectural infrastructure
shall be similar in design throughout the site.
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SECTION IV
DEVELOPMENT COMMITMENTS
4.1
4.2
4.3
PURPOSE
The purpose of this Section is to set forth the regulations for the development of
this project.
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 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 shall be subject to any commitments within this agreement.
PUD MASTER PLAN
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 insure the continued operation and maintenance of all service
utilities and all common areas in the project.
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4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
4.5
4.6
4.7
4.8
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is intended 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. Monitorinq 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.
If the property is subdivided into three (3) or more parcels, a plat Shall be
required.
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.
WATER MANAGEMENT
The developer shall remove all exotics, debris, trash, and other significant
impediments to the flow of waters for the total width and length of Horse
Creek with the project boundary.
TRANSPORTATION
The project shall not have direct access onto Immokalee Road. Access
points shall be limited to Veterans Park Drive or cross-accesses through
adjoining parcels.
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4.9
Arterial level street lighting shall be provided where the Project's access
intersects with Veterans Park Drive, prior to the issuance of Certificates of
Occupancy.
If a deceleration lane is deemed appropriate by the Collier County
Development Services or Transportation Services Staff during the site
plan review process, such deceleration lane shall be constructed by the
Developer prior to the issuance of any certificates of occupancy.
Do
A "fair share" contribution toward a traffic signal at the intersection of
Veterans Park Drive and Immokalee Road shall be required, if and when
a signal system is deemed warranted by Collier County. Any signal
system shall be owned and operated by Collier County.
ENVIRONMENTAL
A°
Eo
This project shall comply with the environmental sections of the Collier
County Land Development Code and the Conservation and Coastal
Management Element of the Comprehensive Plan in effect at the time of
final development order approval.
An exotic vegetation removal and maintenance plan shall be provided at
the time of site development plan or plat/plans submittal, in accordance
with Section 3.9.6.6.5 of the Collier County Land Development Code, as
amended.
The petitioner shall retain a minimum of 15% of the existing native
vegetation on-site or mitigate according to Section 3.9.5.5.4 of the Collier
County Land Development Code, as amended.
A gopher tortoise relocation/management plan shall be submitted, at the
time of the next development order submittal, in accordance with Section
3.11 of the Collier County Land Development Code, as amended.
The project's environmental permitting shall be in accordance with the
State of Florida Environmental Resource Permit Rules and applications
and shall be subject to review and approval by Collier County Planning
Services Sections Staff.
Buffers shall be provided around wetlands, extending at least 15 feet
landward from the edge of the wetlands in all places and averaging 25
feet from the edge of wetlands. Where natural buffers are not possible,
structural buffers shall be provided in accordance with the State of Florida
12
Environmental Resource Permit Rules and be subject to review and
approval by Collier County Planning Services Section Staff.
13
EXHIBIT
EXHIBIT
,il
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i!
Ii
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. 2001-23
Which was adopted by the Board of County Commissioners on
the 8th day of May, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 8th day
of May, 2001.
Clerk of Courts and .d'i~.~':i::~'.!?:~3'',
Ex-officio to Board-/Of'::~., i~.,7:.~.~.~i"..
County Commissione~s~i;~.?'. ' , ~i'."ii~.i · .
, , ~ ...... ~..~ ~,.~. ~.' c
By: Ter~ M~chaels, ~ ~".'"..~'~'~.~- ~$~S: ~