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Ordinance 2016-04 ORDINANCE NO. 16-0 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT WITH A MOBILE HOME OVERLAY (A-MHO) TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 100,000 SQUARE FEET OF COMMERCIAL USES FOR A PROJECT TO BE KNOWN AS WESTCLOX 29 CPUD ON PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF SR-29 AND WESTCLOX STREET IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20150000660) WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and D. Wayne Arnold of Q. Grady Minor and Associates, P.A., representing Barron Collier Partnership, LLLP, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 29, Township 46 South, Range 29 East, Collier County, Florida is changed from an Agriculture (A) zoning district with a Mobile Home Overlay (A-MHO) to a Commercial Planned Unit Development (CPUD) for a 9.5± acre parcel to be known as Westclox 29 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 No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. [15-CPS-01445/1233710/1] 78 Page 1 of 2 Westclox CPUD-PUDZ-PL20150000660 1/15/16 CAC SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority rvote of the Board of County Commissioners of Collier County, Florida, this Z3" day of f-b rt,L , 2016. ATTEST: : BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLI R COUNTY, FLORIDA it;e4c, By 0A,I4 /�, . °4. , By "; .!l 1i;.' an's DONNA FIALA, Chairwoman ic1t,.#:r*Only. T Approved as to form and legality:a ,,,,G 4 A , ,V-9 H idi Ashton-Cicko r\ Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B —Development Standards Exhibit C —Master Plan Exhibit D—Legal Description Exhibit E—Deviations Exhibit F—List of Developer Commitments This ordinance filed with the ��g�ory, of te's Office tt►e a `dz of �b� ��l and ocknowledg�day fill • stewed this ce of ey rs- ' [15-CPS-01445/1233710/1] 78 Page 2 of2 Westclox CPUD-PUDZ-PL20150000660 1/15/16 0 EXHIBIT A FOR WESTCLOX 29 CPUD Regulations for development of the WESTCLOX 29 CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of each 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. PERMITTED USES: A maximum of 100,000 square feet of gross floor area shall be permitted within the CPUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Animal specialty services, except veterinary (0752, excluding outside kenneling). 5. Apparel and accessory stores (5611-5699). 6. Architectural services (8712). 7. Auditing (8721). 8. Auto and home supply stores (5531). 9. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow-in parking lots"). 10. Banks, credit unions and trusts (6011-6099). 11. Barber shops (7241, except for barber schools). 12. Beauty shops (7231, except for beauty schools). 13. Bookkeeping services (8721). 14. Business consulting services (8748). 15. Business credit institutions (6153-6159). 16. Child day care services (8351). 17. Churches. 18. Civic, social and fraternal associations (8641). 19. Commercial art and graphic design (7336). Westclox 29 CPUD Exhibits Page 1 of 10 01/07/2016 20. Commercial photography (7335). 21. Computer and computer software stores (5734) with 5,000 square feet or less of gross floor area in the principal structure. 22. Computer programming, data processing and other services (7371-7379). 23. Credit reporting services (7323). 24. Direct mail advertising services (7331). 25. Drug stores (5912). 26. Eating places (5812). 27. Educational plants. 28. Engineering services (8711). 29. Essential services, subject to section 2.01.03 30. Food stores (groups 5411-5499). 31. Funeral services (7261, except crematories). 32. Garment pressing, and agents for laundries and drycleaners (7212). 33. Gasoline service stations (5541, subject to section 5.05.05). 34. General merchandise stores (5331-5399). 35. Glass stores (5231). 36. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04 37. Hardware stores (5251). 38. Health services, offices and clinics (8011-8049). 39. Home furniture and furnishings stores (5712-5719). 40. Home health care services (8082). 41. Household appliance stores (5722). 42. Insurance carriers, agents and brokers (6311-6399, 6411). 43. Labor unions (8631). 44. Landscape architects, consulting and planning (0781). 45. Laundries and drycleaning, coin operated - self-service (7215). 46. Legal services (8111). 47. Libraries (8231). 48. Liquor stores (5921) 49. Loan brokers (6163). 50. Management services (8741 & 8742). Westclox 29 CPUD Exhibits Page 2 of 10 01/07/2016 51. Membership organizations, miscellaneous (8699). 52. Mortgage bankers and loan correspondents (6162). 53. Musical instrument stores (5736). 54. Paint stores (5231). 55. Personal credit institutions (6141). 56. Personal services, miscellaneous (7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 57. Photocopying and duplicating services (7334). 58. Photofinishing laboratories (7384). 59. Photographic studios, portrait (7221). 60. Physical fitness facilities (7991; 7911, except discotheques). 61. 71. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 62. Public relations services (8743). 63. Radio, television and consumer electronics stores (5731). 64. Radio, television and publishers advertising representatives (7313). 65. Real Estate (6531-6552). 66. Record and prerecorded tape stores (5735), excluding adult oriented sales and rental. 67. Religious organizations (8661). 68. Repair services - miscellaneous (7629-7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 69. Retail nurseries, lawn and garden supply stores (5261). 70. Retail services - miscellaneous (5921-5963 except pawnshops and building materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 71. Secretarial and court reporting services (7338). 72. Security and commodity brokers, dealer, exchanges and services (6211-6289). 73. Shoe repair shops and shoeshine parlors (7251). 74. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 75. Surveying services (8713). 76.Tax return preparation services (7291). 77. Travel agencies (4724, no other transportation services). 78. United States Postal Service (4311, except major distribution center). Westclox 29 CPUD Exhibits Page 3 of 10 01/07/2016 79. Veterinary services (0742, excluding outdoor kenneling). 80. Videotape rental (7841), excluding adult oriented sales and rental. 81. Wallpaper stores (5231). 82. Any other commercial use or professional services, which are comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 83. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses/Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the permitted principal uses. 2. Drinking places (Group 5813), only in conjunction with eating places. 3. Caretaker's residence. 4. Sidewalk sales: outdoor seasonal sales shall be permitted (except roadside sales). DEVELOPMENT STANDARDS Exhibits B sets forth the development standards for land uses within the CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. Except as provided for herein, all criteria set forth in Exhibit B, shall be understood to be in relation to individual parcels or lot boundary lines. Westclox 29 CPUD Exhibits Page 4 of 10 01/07/2016 EXHIBIT B FOR WESTCLOX 29 CPUD DEVELOPMENT STANDARDS STANDARDS COMMERCIAL PRINCIPAL STRUCTURES Minimum Lot Area 10,000 SF Minimum Lot Width 100 feet Minimum Lot Depth N/A Minimum Front Yard Setback 25 feet Minimum Side Yard Setback 25 feet Minimum Rear Yard Setback 25 feet Minimum Southern PUD Boundary Setback 50 feet Maximum Height Zoned 35 feet Actual 50 feet Minimum Distance Between Structures One-half the sum of each building height but not less than twenty feet (20 feet) Minimum Floor Area 1000 SF ACCESSORY STRUCTURES1 Minimum Front Yard Setback 15 feet Minimum Side Yard Setback 15 feet Minimum Rear Yard Setback 25 feet Minimum Southern PUD Boundary Setback2 50 feet Minimum Distance Between Structures 10 feet Maximum Height Zoned 20 feet Actual 25 feet 1 Except project signage which shall be in compliance with signage provisions of the LDC. 2 Parking, essential services, water management and non-vehicular pathways shall be permitted within the 50-foot setback. Westclox 29 CPUD Exhibits Page 5 of 10 01/07/2016 ) Q" A P� rid BZI£5102/Z/Z1 OM4'(£A3tl)dW - 1181HX3\SNIMtlHN\011dO 6Z X0101S3M-Ofld0 6ZM\9NNNVld -Meld\ONINNv1d\S31Ii\17001'I1 o\\ g O (� W o O Y mo \ > Nz 0 W c, ,, o�- Q O M Z V _$ a ^� -�—z—� o Cl. O x z C W ' u) W W ce Q �' U W U U �. �� Z Lo ¢ +1 � �w ty Ui N x Et ° Z ¢ V) OJ to u) � 0 .�, Z u.. W W W 1 N ( Z V Q Q Q w +I ++ -1-1 0 1-0 a 0a_ < a w co co >N O W W N OJ Z V w 2 N N W F- N 0 c�1 LiJ < 0 woo o O z Q �- w ❑ � F ado j � W q a ❑ v) U ❑ 0 I� I omc0U o Q 2 zaao WOw 0 U W CC cV o W w H W CY n. W (X d a) U 1- r7 EL w ZO ? OH 0 —a m 2 I . N - W a cn S.R. 29 41 L,J w 0 0 l (r) , r-- ( 0 oaW W 0 I- g ,iuIj w ¢ u. F W a `a (Uj O D &bzm w QQ0 z d Z� Z cn z I Wcnz Q w N a a? I ~O Wo 0U U O @_ o a I Cl adw L.T. w a u) Q - H O H E OUi CO W Z 2 W N U ❑ coU � Q o I ❑ W �¢ H. U Z_ ¢ 0O �— �' LLi W m I Q _O E , U W m w f- ~ y g ; rn > W cn Z ¢ c„ CV� � � Q O Z � 0 U II 0 '< $ U) w o ; Z I W U W W co Wj ❑Z uw / Z p m u) O • '0 a O j N J O I Q - ~ > v$ a _ �E v OQ. E- / J N ❑ W 0 H f / Z y �dJ W 4 mUw ® a 5 / w0 m < 1-<10 F- (n¢ Paz as z2¢ I-O �► / www � w < 5oww, H o a I W H Z tea ? J wCCdov) I m UC7¢ �u) ill ma OF= Qu`" w , � w U U g u) Q c2 w i � U � � OZO a Fn(n ^ � z zaw ¢�- W w a a2d0� AaaNf1 3Sfl g d U V >O vm) / �� OHW d 4aNOZ u) / ZW u) � aaaa w / O r N M Z (� EXHIBIT D FOR WESTCLOX 29 CPUD LEGAL DESCRIPTION A TRACT OF LAND BEING A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2493, PAGE 2779, LYING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SECTION 29 AS SHOWN ON THE WESTCLOX STREET RIGHT-OF-WAY MAP, COLLIER COUNTY PROJECT NUMBER 69022; THENCE RUN SOUTH 89°15'42" WEST ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID SOUTH SECTION LINE, SOUTH 89°15'42" WEST, A DISTANCE OF 1001.87 FEET; THENCE LEAVING SAID SOUTH LINE, NORTH 00°38'40" WEST, A DISTANCE OF 556.47' TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WESTCLOX STREET, AS SHOWN ON THE WESTCLOX STREET RIGHT-OF-WAY MAP, COLLIER COUNTY PROJECT NUMBER 69022; THENCE SOUTH 70°13'29" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF WESTCLOX STREET, A DISTANCE OF 261.28 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE 648.65 FEET, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1812.95 FEET, A DELTA ANGLE OF 20°29159", (CHORD BEARING SOUTH 80°28'28" EAST, A DISTANCE OF 645.20 FEET) TO A POINT; THENCE NORTH 89°16'31" EAST, A DISTANCE OF 121.98 FEET TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF WESTCLOX STREET AND THE WEST RIGHT-OF-WAY LINE OF NORTH 15TH STREET (STATE ROAD 29), THENCE RUN ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 00°38'24" EAST, A DISTANCE OF 349.92 FEET TO THE POINT OF BEGINNING; CONTAINING 9.50 ACRES, MORE OR LESS. Westclox 29 CPUD Exhibits Page 7 of 10 01/07/2016 EXHIBIT E FOR WESTCLOX 29 CPUD DEVIATIONS 1. From LDC Section 5.05.08.E.1.b.ii (b), Site Design Standards, which requires for corner lots, no more than 80 percent of the off-street parking for the entire commercial building or project shall be located between any primary facade of the commercial building or project and the abutting street, with no single side to contain more than 65 percent of the required parking, to permit 100% of the required parking to be permitted between the primary facade and the road frontage. Westclox 29 CPUD Exhibits Page 8 of 10 01/07/2016 EXHIBIT F FOR WESTCLOX 29 CPUD LIST OF DEVELOPER COMMITMENTS 1. TRANSPORTATION a. The owner or its successors or assigns, shall pay its proportionate share towards the costs of the traffic signal and other pedestrian features, including but not limited to sidewalks, cross walks, pedestrian signals and improvements for handicapped accessibility, to be constructed at the intersection of SR29 and Westclox/New Market Roads at the time the signal is installed. b. The owner or its successors or assigns, at time of project construction, shall construct all pedestrian facilities on the south and west sides of the intersection of SR29 and Westclox/New Market Roads that accommodate pedestrian generated trips associated with the project (excluding Pedestrian Signalized System), if such facilities do not exist at time of SDP. c. The owner at any time upon written request of FDOT shall provide up to 10' (ten) feet of additional road right-of-way along the SR-29 frontage. The additional road right-of-way shall be conveyed at no cost to the State or Collier County. Building setbacks and landscape buffers along S.R. 29 shall be reduced by the width of the right-of-way conveyed to the County or State per LDC Section 9.03.07 effective at time of approval of this PUD. This requirement terminates upon completion of FDOT's 90% construction plans for State Road 29 improvements, which is currently in the project development and environment (PD&E) study stage. d. The project shall be limited to a maximum of 599 two-way unadjusted PM peak hour trips. e. The Traffic Impact Statement submitted for the SDP shall include trip distribution assignments for each project entrance shown on the SDP. 2. ENVIRONMENTAL No native vegetation preserve shall be provided on-site. The developer shall meet native vegetation preservation requirements by providing for off-site vegetation retention pursuant to LDC Section 3.05.07.H.1.f. The off-site vegetation retention shall be a minimum of 1.2± acres (8.26± acres of native vegetation x 0.15 = 1.2±acres). 3. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Barron Collier Partnership, LLLP, 2600 Golden Gate Parkway, Suite 200, Naples, FL 34105. Should the Managing Entity desire to transfer the monitoring Westclox 29 CPUD Exhibits Page 9 of 10 01/07/2016 and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed- out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 4. MISCELLANEOUS a. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. b. All other applicable state or federal permits must be obtained before commencement of the development Westclox 29 CPUD Exhibits Page 10 of 10 01/07/2016 ♦ 011 try y r' .1G' t1 tµ111 FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State February 26, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples,Florida 34101-3044 Attention: Ann Jennejohn, BMR Deputy 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. 16-04, which was filed in this office on February 26, 2016. 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