Ordinance 2015-54 ORDINANCE NO. 15- 5
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 92-23, THE WILSON PROFESSIONAL CENTER PLANNED
UNIT DEVELOPMENT (PUD), AS AMENDED, TO ADD A 120-FOOT
MONOPINE COMMUNICATIONS TOWER AND RELATED
FACILITIES AS A PERMITTED PRINCIPAL USE, ADD
DEVELOPMENT STANDARDS FOR THE COMMUNICATION
TOWER AND RELATED FACILITIES, ADD DEVIATIONS
RELATING TO PRESERVE SETBACKS, COMMUNICATION
TOWER AND RELATED FACILITIES SETBACKS AND
LANDSCAPE BUFFERS, AMEND ONE ENVIRONMENTAL
DEVELOPMENT COMMITMENT, AND REVISE THE MASTER
PLAN, FOR THE PUD PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF AIRPORT-PULLING ROAD AND
BAILEY LANE IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on April 28, 1992, the Board of County Commissioners approved Ordinance
Number 92-23, the Wilson Professional Center Planned Unit Development (the "PUD"); and
WHEREAS, the Wilson Professional Center PUD was amended by Ordinance Numbers
94-24 and 98-21; and
WHEREAS, Lauralee G. Westine, Esquire representing SBA Towers III, LLC, petitioned
the Board of County Commissioners to amend the PUD to add a 120-foot monopine
communications tower and related facilities as a permitted principal use, add development
standards for the communication tower and related facilities, add deviations relating to preserve
setbacks, communication tower and related facilities setbacks and landscape buffers, amend one
environmental development commitment, and revise the Master Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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[12-CPS-01192/1150329/1] Wilson Professional Center PUD
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SECTION ONE: Amendment to the Cover Page of the PUD Document attached to
Ordinance No. 92-23, as Amended
The Cover Page of the PUD Document attached to Ordinance No. 92-23, as amended, is
hereby amended to read as follows:
See Exhibit"A", attached hereto and incorporated herein by reference.
SECTION TWO: Amendment to Section I, Statement of Compliance, of the PUD
Document attached to Ordinance No. 92-23, as Amended
Section I, Statement of Compliance, of the PUD Document attached to Ordinance No.
92-23, as amended, is hereby amended to read as follows:
The purpose of this section is to express the intent of Wilson, Miller, Barton & Peek, Inc; 3200
- •• • • .. ' :•:, • . . - , - •.• •4 South Florida Growers Association, Inc.;
800 Tarpon Woods Blvd., Suite E-1, Palm Harbor, Florida 34685, hereinafter referred to as
applicant or sponsor, to develop property located in part of section 23, Township 49 South,
Range 25 East, Collier County, Florida. The name of this proposed development shall henceforth
be known as Wilson Professional Center. The development of this Planned Unit Development
will be in compliance with the planning goals and objectives of Collier County set forth in the
Growth Management Plan. The development will be consistent with the growth policies and land
development regulations of the Future Land Use Element of the Growth Management Plan and
other applicable documents for the following reasons:
SECTION THREE: Amendment to Subsection 2.1 of Section II, Property Ownership
and Legal Description, of the PUD Document attached to
Ordinance No. 92-23, as Amended
Subsection 2.1 of Section II, Property Ownership and Legal Description, of the PUD
Document attached to Ordinance No. 92-23, as amended, is hereby amended to read as follows:
2.1 PROPERTY OWNERSHIP
The subject property is currently owned by Wilson, Miller, Barton &Peek, Inc; 3200
Bailey Lane at Airport Road,Naples, Florida 33942 South Florida Growers Association,
Inc.
SECTION FOUR: Amendment to Section IV, Permitted Uses and Development
Standards of the PUD Document of Ordinance No. 92-23, as
Amended
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Section IV, Permitted Uses and Development Standards of the PUD Document attached
to Ordinance No. 92-23, as amended, is hereby amended to read as follows:
SECTION IV
PERMITTED USES AND DEVELOPMENT STANDARDS
* * * * * *
4.2 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered, or used, or land or
water used, in whole or in part, for other than the following:
1) Permitted Principal Uses and Structures:
a) Offices and medical offices with a maximum of 72,000 sq. ft. limited to two
buildings, and subject to the following limitations:
1. Emergency medical clinics are prohibited.
2. Medical office uses are limited to a maximum occupancy of 17,396 sq. ft.
b) One (1) 120' Monopine Communication Tower and Related Facilities
* * * * * *
4.3 DEVELOPMENT STANDARDS
1) Maximum Number of Parcels: Two building parcels.
2) Minimum Setback Requirements for Principal Structures:
a) Internal road easement or front yard—25 feet.
b) Side Yard - 15 feet.
c) Rear Yard—25 feet.
d) PUD Property Line - 50 feet in which no parking is permitted.
e) Preserve— zero feet principal and accessory structures.
* * * * * *
13) Monopine Communication Tower and Related Facilities Development Standards
The Monopine Communication Tower, and all related facilities, shall be enclosed
by an 8' tall, opaque, architecturally finished wall and located on the proposed
tower tract, shown on Exhibit"A". The Monopine Communication Tower shall
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[12-CPS-01192/1150329/1] Wilson Professional Center PUD
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be set back from the property lines as follows: North 442'2"; South 229'6"; East
610'3". Wes 42'1". All rel.t-d facilities other than the Mono sine
Communication Tower, shall be set back from the property lines as follows:
North 402'9"; South 190'7"; East 570'8"; West 20'1".
14) Deviations for Monopine Communication Tower
Deviation#1 seeks relief from LDC Section 3.05.07(H)(3) requiring a 25 feet
setback for principal structures and 10 feet for accessory structures to allow a zero
feet setback for principal and accessory structures, in recognition of the then
existint Growth Mana.ement Plan requirements for nativ- vegetation ret-ntion at
the time the original PUD was approved, which did not require a preserve
setback.
Deviation#2 seeks relief from the LDC Section 5.05.09.G.2.a, which requires a
300' setback for the tower from all residential property, calculated at the height of
the tower multiplied by 2.5, to allow a 229'6" setback from residential property to
the South.
Deviation#3 seeks relief from the LDC Section 4.06.02 C.1., "Buffer
Requirements,"which requires a Type A 10-foot wide landscape buffer with trees
spaced no more than 30 feet on center,to allow a 0-foot wide landscape buffer
adjacent to the communication tower, only as indicated on the Master Plan.
Deviation#4 seeks relief from the LDC Section 4.06.05 B.2.c., "General
Landscaping Requirements,"which requires sites without native vegetation to
have a 15-foot wide landscape buffer with minimum code size trees located 25
feet on center and a 3-foot high hedge planted 3 feet on center,to allow the
following landscape buffer widths, graphically depicted hereto on Exhibit`B,"
around the tower compound:
a) Along the northeast side: a minimum 5-foot wide buffer for up to
50% of the landscape buffer.
b) Along the southeast side: a minimum 4-foot wide buffer for up to
50% of the,landscape buffer.
c) Along the southwest side: a minimum 0-foot wide buffer for up to
50% of the landscape buffer.
d) Along the northwest side: a minimum 0-foot wide buffer for up to
25% of the landscape buffer.
e) Along the west side: a minimum 10-foot wide buffer for up to
100% of the landscape buffer.
[12-CPS-01192/1211956/1]Words double underlined are added;Words struck-through are deleted
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SECTION FIVE: Amendment to Section V, General Development Commitments, of
the PUD Document attached to Ordinance No. 92-23, as Amended
Section V, General Development Commitments, of the PUD Document attached to
Ordinance No. 92-23, as amended, is hereby amended to read as follows:
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
* * * * * *
5.4 PUD MASTER DEVELOPMENT PLAN
a. The PUD Master Plan attached hereto and incorporated herein as Exhibit"A"
(Wilson, Miller, Barton, Soll & Peck, Inc., Drawing File NO. RZ 151A)is an
illustrative preliminary development plan.
* * * * * *
5.7 ENVIRONMENTAL CONSIDERATIONS
* * * * * *
e. As portrayed in the revised preliminary site plans dated July 7, 1987 March 1,
1989, as may be amended„-d-Dry retention/buffer areas surrounding the parcel
will be an average of at least 36 feet in width. Final design of the dry
retention/buffer areas should incorporate retention of the maximum amount of
native vegetation possible, and final designs will be subject to the review and
approval of the County Project Review Services Environmental staff. This
condition is conceptually depicted as Preserve Areas on the PUD Master plan and
shall satisfy all native vegetation retention requirements.
SECTION SIX: Amendment to Exhibit "A", the PUD Master Plan, of the PUD
Document attached to Ordinance No. 92-23, as Amended
Exhibit "A", the PUD Master Plan, of the PUD Document attached to Ordinance No. 92-
23, as amended, is deleted in its entirety and is hereby replaced by Exhibit "A", attached hereto
as Exhibit"B" and incorporated herein by reference.
[12-CPS-01192/1211956/1]Words double underlined are added;Words struck through are deleted
[12-CPS-01192/1150329/1] Wilson Professional Center PUD
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SECTION SEVEN: Addition of Exhibit "B," the Communication Tower landscape
buffer exhibit, to the PUD Document attached to Ordinance No.
92-23, as Amended
Exhibit "B", the Communication Tower landscape buffer exhibit, attached hereto as
Exhibit "C" and incorporated herein by reference, is hereby added to the PUD Document
attached to Ordinance No. 92-23, as amended.
SECTION EIGHT: Effective Date
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 13�° day of 0c-o r, 2015.
ATTEST:. "rj— F."401 `, BOARD OF COUNTY COMMISSIONERS
DWIGHT,p;.B'ROCK, eLERK COLLIER COUNTY, FLORIDA
f)
By - Alk, _ 4% By:
/ e",,a*c.e....
Attest as to Chairman.: DE" p'ty C; !i Tim Nance, Chairman
signature only. ..' y.7
Approved as to form and legality:
Ai- e- This ordinance filed with the
Secretory of State's Off irn the
J day ofOth eY, 21?I5__
pnd acknowledgement of that
Scott A. Stone filing received this l L_ day
Assistant County Attorney of 2Q1S . ►,,
Attachment: Exhibit A—PUD Cover Page
Exhibit B —Exhibit "A" PUD Master Plan
Exhibit C -- Exhibit"B" Communication Tower landscape buffer exhibit
[12-CPS-01192/1211956/1]Words double underlined are added; Words struck through are deleted
[12-CPS-01192/1150329/1] Wilson Professional Center PUD
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EXHIBIT A
WILSON PROFESSIONAL CENTER
A PLANNED UNIT DEVELOPMENT
PUDA—PL-20120001128
8 Acres Located in Section 23,
Township 49 South, Range 25 East,
Collier County, Florida
REVISED: APRIL 28, 1992
PREPARED BY:
WILSON, MILLER, BARTON, & PEEK, INC.
3200 BAILEY LANE AT AIRPORT ROAD
NAPLES, FLORIDA 33912
Lauralee G. Westine, Esq.
Mattaniah S.Jahn, Esq.
Law Office of Lauralee G.Westine, PA
800 Tarpon Woods Blvd.,Suite E-1
Palm Harbor, FL 34685
Date Reviewed by CCPC 4/2/92
Date Approved by BCC 4/28/92
Ordinance Number 92 23
Amendments and Repeal
EXHIBIT"A"
Words double underlined are added; Words struck through are deleted
Exhibit B
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
October 19, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Martha S. Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66,Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 15-54,which was filed in this office on October 19, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us