Agenda 09/13/2016 R Item #17A 17.A
09/13/2016
EXECUTIVE SUMMARY
Recommendation to approve an Ordinance amending Ordinance Number 92-23, the Wilson
Professional Center Planned Unit Development (PUD), as amended, to correct a scrivener's error
in Section 4.3(13) relating to minimum required setbacks for the monopine communication tower
and related facilities, and to revise the mailing address for the sponsor of the PUD, 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.
[SE-PL20160001712].
OBJECTIVE: To have the Board of County Commissioners (Board) approve an Ordinance amending
Ordinance Number 92-23, as amended to correct a scrivener's error in Section 4.3(13) relating to
minimum required setbacks for the monopine communication tower and related facilities, and to revise
the mailing address for the sponsor of the PUD, 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.
CONSIDERATIONS: On October 13, 2015 the Board approved and adopted Ordinance 15-54 which
amended the Wilson Professional Center PUD to add a monopoine communication tower as a permitted
use. Following the Board's approval, it was determined that Section 4.3(13) of the PUD Document did
not contain the correct minimum setback requirements for the monopine communication tower and
related facilities that were otherwise intended and made part of the record of the public hearing.
The correct setbacks were shown in the CCPC Staff Report (page 27 of the BCC agenda packet) and the
applicant's proposed PUD changes (page 135 of the BCC agenda packet) that were part of the BCC
agenda backup materials for this item (Item 9.A) at the 10/13/2015 BCC meeting. However, a prior
incorrect version of the setbacks was inadvertently included in the draft Ordinance (page 76 of the BCC
agenda packet).
The incorrect setbacks in the approved ordinance measure the setbacks to the parcel boundary, rather
than the PUD boundary,which is the measurement customarily used by zoning review.
The inclusion of the incorrect setbacks in the PUD Document now constitutes a Scrivener's Error. The
applicant has also requested one additional change to update the mailing address of the PUD sponsor.
FISCAL IMPACT: This amendment will have no fiscal impact on the County.
GROWTH MANAGEMENT IMPACT: The original petition giving rise to Ordinance No. 15-54 was
reviewed for consistency and was found to be consistent with all the applicable provisions of the Growth
Management Plan; this amendment is only to correct a scrivener's error and update the PUD sponsor's
mailing address.
RECOMMENDATION: That the Board approve an Ordinance amending Ordinance Number 92-23, the
Wilson Professional Center Planned Unit Development (PUD), as amended, to correct a scrivener's error
in Section 4.3(13) relating to minimum required setbacks for the monopine communication tower and
related facilities, and to revise the mailing address for the sponsor of the PUD, for the PUD property
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09/13/2016
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.
Prepared by: Fred Reischl,AICP,Principal Planner,Zoning Division,Growth Management Department
ATTACHMENT(S)
1. Ordinance-072816 (PDF)
2. Ord. 15-54 (PDF)
3. Pgs 27-76-135 (PDF)
4. Legal Ad (PDF)
5. Legal Ad-Agenda ID 17720000 (PDF)
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09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Item Summary: Recommendation to approve an Ordinance amending Ordinance Number 92-23,
the Wilson Professional Center Planned Unit Development (PUD), as amended, to correct a scrivener's
error in Section 4.3(13) relating to minimum required setbacks for the monopine communication tower
and related facilities, and to revise the mailing address for the sponsor of the PUD, 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. [SE-PL20160001712].
Meeting Date: 09/13/2016
Prepared by:
Title: Planner,Principal—Zoning
Name: Fred Reischl
08/08/2016 2:28 PM
Submitted by:
Title: Division Director-Planning and Zoning—Zoning
Name: Michael Bosi
08/08/2016 2:28 PM
Approved By:
Review:
Zoning Ray Bellows Level 1 Sim.Reviewer 1-8 Completed 08/09/2016 9:46 AM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/09/2016 1:39 PM
Zoning Michael Bosi Level 1 Sim.Reviewer 1-8 Completed 08/09/2016 1:56 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/15/2016 9:30 AM
Growth Management Department James French Level 2 Add Division Reviewer Completed 08/15/2016 11:48 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/23/2016 1:56 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/23/2016 2:12 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 08/23/2016 2:20 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/25/2016 8:43 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 12:42 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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17.A.a
ORDINANCE NO. 16-
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 CORRECT A
SCRIVENER'S ERROR IN SECTION 4.3(13) RELATING TO
MINIMUM REQUIRED SETBACKS FOR THE MONOPINE
COMMUNICATION TOWER AND RELATED FACILITIES, AND TO
REVISE THE MAILING ADDRESS FOR THE SPONSOR OF THE
PUD, 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.
v
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, 98-21 and 15-54; and ti
WHEREAS, following the Board's adoption of Ordinance No. 15-54 on October 13, to
co2015, it was determined that Section 4.3(13) of the PUD Document incorporated therein by
reference did not contain the correct minimum setback requirements for the monopine c>
communication tower and related facilities that were otherwise intended and made part of the
record of the public hearing; and p
WHEREAS, the inclusion of the incorrect setbacks in the PUD Document now
E
constitutes a scrivener's error; and
WHEREAS, Lauralee G. Westine. Escquire, representing SBA Towers III, LLC, also
wishes to amend the PUD by revising the mailing address for the sponsor of the PUD under
Section I of the PUD Document.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION I, STATEMENT OF
COMPLIANCE, OF THE PUD DOCUMENT ATTACHED TO
ORDINANCE NO. 92-23, AS AMENDED
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Section 1, Statement of Compliance, of the PUD Document attached to Ordinance No.
92-23, as amended, is hereby amended as follows:
The purpose of this section is to express the intent of South Florida Growers Association, Inc.;
.• , •:. 24 4001 Tamiami Trail North.
Suite 300. Naples. FL 34103, 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:
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SECTION TWO: SCRIVENER'S ERROR CORRECTION BY AMENDMENT TO
SECTION IV, PERMITTED USES AND DEVELOPMENT
STANDARDS, OF THE PUD DOCUMENT ATTACHED TO
o
ORDINANCE NO. 92-23, AS AMENDED
Subsection 4.3. Development Standards. of the PUD Document attached to Ordinance C
No. 92-23, as amended. is hereby amended to correct a scrivener's error as follows:
c.)
(1)
SECTION IV J
PERMITTED USES AND DEVELOPMENT STANDARDS
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* * * * * *
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4.3 DEVELOPMENT STANDARDS
* * * * *
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
be set back from the s;• PUD boundaries as follows: North /112'2";
South 229.5'6"; East 610'3"; West 3212'1". All related facilities, other than the
Monopine Communication Tower, shall be set back from the property lines PUD
boundaries as follows: North 102'9"; South 190.5'.72 ; East 570'8"; West
10'20'1".
[l2-CPS-01192/1272652/IIWords underlined are added;Words struck through are deleted
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SECTION THREE: 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 day of , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Donna Fiala, Chairman
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Approved as to form and legality:
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Scott A. Stone co
Assistant County Attorney
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[12-CPS-01192/127265211]Words underlined are added; Words struck through are deleted
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17.A.b
ORDINANCE NO. 15- 54
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 2
o.
EFFECTIVE DATE.
e
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
v
WHEREAS, the Wilson Professional Center PUD was amended by Ordinance Numbers
94-24 and 98-21; and O
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:
[12-CPS-0I192/1211956/1]Words double underlined are added;Words •.,• are deleted
[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
•. • • ' .. • :.: .. - , - . .. "•• South Florida Growers Association, Inc..,
800 Ta eon Woods Blvd. Suite E-1 Palm Harbor Florida 34685, hereinafter referred to as 2
a.
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 o
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
• ' • : - ^•, 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
[12-CPS-01192/121 1956/l]Words double underlined are added; Words struck through are deleted
[12-CPS-01192/1150329/1] Wilson Professional Center PUD
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Section IV. Peimitted 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 0
L
buildings, and subject to the following limitations: o.
1. Emergency medical clinics are prohibited.
2. Medical office uses are limited to a maximum occupancy of 17,396 sq. ft. N
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b)_Qne.a) 120' Monopine Communication Tower and Related Facilities d.
1-7U)
* * * * * *
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4.3 DEVELOPMENT STANDARDS
a)
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 peiniitted.
e) Preserve— zero feet principal and accessory structures.
* * * * * *
13 Mono ine Communication Tower and Related Facilities Develo•ment Standards
The Monopine Communication Tower, and all related facilities, shall be enclosed
by an 8' tall osal ue architecturall finished wall and located on the •ro•osed
tower tract. shown on Exhibit"A". The Monopine Communication Tower shall
[I 2-CPS-01 192/1211956/1]Words do underline are added;Words . - are deleted
[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"; West 42.1". All related facilities,other than the Monopine
Communication Tower, shall be set back from the property lines as follows:
North 402'9". South 190'7"; East 570'8"; West 20'1-.
1 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 accessor structures in reco!nition of the then
existing Growth Management Plan requirements for native vegetation retention 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. (l)
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Deviation #3 seeks relief from the LDC Section 4.06.02 C.l., "Buffer e
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
ad'acent to the communication tower on] as indicated on the Master Plan. c"
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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 hi.h hed_e slanted 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 buff-r for us 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.
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 stru k-through are deleted
[12-CPS-01192/1150329/1] Wilson Professional Center PUD
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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"
-- 9 . . . •. ' • is an
illustrative preliminary development plan. LI I
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* * * * * * n-
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5.7 ENVIRONMENTAL CONSIDERATIONS •
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* * * * * *
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e. As portrayed in the revised preliminary site plans dated July 7, 1987 March 1,
1989, as may be amended.,-d-L ry retention/buffer areas surrounding the parcel
will be an average of at least 36 feet in width. Final design of the dry o
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 conce•tuall de Dieted as Preserve Areas on the PUD Master plan and
shall satisf all native vegetation retention re•uirements.
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-01192/121 1956/1]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 l 3 day of C. 2015.
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ATTEST::. � • '''n, n BOARD OF COUNTY COMMISSIONERS
DW IGH ;.BRYCK CLERK COLLIER COUNTY, FLORIDA
By: id *, b ~k =' i_ B �� .
By: v.
Attest as �T It lath ,.L) p ty C, 1i� Tim Nance, Chairmanin
signature only./ - A
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Approved as to form and legality: ta
This ordinance tiled with rhe
d Secretary of State's Offic. *!-.t'
ilk _lq411 day of Othatf-X., 21215and acknowiedg&rnent of that
Scott A. Stone fiii received this ...alt doy
Assistant County Attorney of L� . ►,
By ;--)` 'N•__ %)
opot
Attachment: Exhibit A—PUD Cover Page 0
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
PADA—PL-20120001128
8 Acres Located in Section 23,
Township 49 South, Range 25 East,
Collier County, Florida
REVISED: APRIL 28, 199 2
PREPARED BY:
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3200 BAILEY LANE AT AIRPORT ROAD 2
a.
NAPLES, FLORIDA 33912
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Lauralee G.Westine, Esq.
Mattaniah S.Jahn, Esq.
Law Office of Lauralee G.Westine, PA
800 Tarpon Woods Blvd,Suite E 1 d
Palm Harbor, FL 34685 1-2
O
Date Reviewed by CCPC 4/2/92
Date Approved by BCC 4/28/92 Y
Ordinance Number 92 23
Amendments and Repeal
EXHIBIT"A"
Words double underlined are added;Words struck-th gh are deleted
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Exhibit B 17.A.b
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73 SITE DATA 1
P TOTAL SITE AREA: 8.13 AC
PRESERVE REQUIRED(3.4 X.15): 0.51 AC
j 1 PRESERVE PROVIDED:` 1.31 ACAC.)U NOTE:
iS 1.PRESERVES AREA ARE CONCEPTUALLY DEPICTED AND
ARE GOVERNED BY SECTION 5.6(a).
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FL.COA 8 29226 SCALE: 1"=100'
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Exhibit C 17.A.b
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Boundary Deviation#4 seeks relief from the LDC Section 4.06.05.6.2.c.,"General Landscaping
I I Requirements,"which requires sites without native vegetation to have a 15-foot wide t!7
i landscape buffer with minimum code size trees located 25 feet on center and a 3-foot
I I high hedge planted 3 feet on center,to allow the following landscape buffer widths, r'
I graphically depicted hereto on Exhibit"B,"around the tower base: 16
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t I A. Along the northeast side:a minimum 5-foot wide buffer for up to 50%of the
landscape buffer.
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B. Along the southeast side:a minimum 4-foot wide buffer for up to 50%of the v
o landscape buffer. re
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1PRESERVE C. Along the southwest side:a minimum 0-foot wide buffer for up to 50%of the `Z
crI i 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.
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iD J.R.EVANS ENGINEERING,P.A. WILSON PROFESSIONAL PROJECT 4: 13414-1
2, •"".''''',',,, 23150 FASHION DRIVE,SUITE 242 �yT FILE DATE: 4/2015 ����
ESTERO,FLORIDA 33923 CENTER L'R
xAs , il PHONE:(239)405-9148 DESIGN BY: SCF 0 25' 50'
WWWJREVANSENGINEERING.COM EXHIBIT B SEC.23,TOWN. 495,R.25E `,`ALF. < = 0'
FL.COA#29226 SCALE: 1"=50'
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
October 19, 2015
Honorable Dwight E. Brock Cu'
Clerk of the Circuit Court (I)
Collier County a.
Post Office Box 413044 =
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Naples,Florida 34101-3044 0)
Attention: Ms. Martha S. Vergara, BMR Senior Clerk cq
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Dear Mr. Brock:
v
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your r
electronic copy of Collier County Ordinance No. 15-54.which was filed in this office on October 19, 2015. o
Y
Sincerely, 0
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RS
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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.fgl.us Packet Pg. 3413
(3S oid uos!!M : ZLLG) S£i.-9L-LZ s6d :;uawyae;ty
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The United States Supreme Court has determined that "any decision by a State or local
government or instrumentality thereof to deny a request to place, construct, or modify personal
wireless service facilities shall be in writing and supported by substantial evidence contained in a
written record" (see T-Mobile v.Roswell, attached).
The applicant has requested a"monopine" tower, a monopole structure, designed to collapse on
itself, limited to 150 feet in height. The "pine" feature of the "monopine" includes branch-like
structures which will hide the antennae and create the illusion of being a tall pine tree. The
applicant has provided photos (attached) including"before"photos and "after" photos—with the
monopine digitally edited into the photo.
Staff believes the monopine structure will ameliorate the visual impact to the greatest extent
possible.
This PUDA also adds dimensional standards for a communications tower and accessory
structures:
Setbacks:
Monopine,measured from the flange
South: 229.5 feet
West: 32 feet
Accessory Structures:
South: 190,5 feet
West: 10 feet
Maximum Height: 150 feet
Conservation and Coastal Management Element (CCME): Environmental Review Staff
found this project to be consistent with the CCME. A preserve requirement did exist in the
CCME during the time of the original PUD document (92-23). The preserve requirement has
been in the GMP since 1989 and in the LDC since 1991. The 1989 Comprehensive Plan
included a requirement for a preserve. However there was no specific percentage for the
preserve requirement for other than residential development. All other types of new development
were required to "preserve an appropriate portion of native vegetation on the site as determined
through the County development review process" (1989 Comprehensive Plan Policy 6.4.7)
Therefore, it is consistent with the OMP for this site to retain a preserve requirement as
originally indicated within the PUD document.
Environmental Review; Environmental Services staff has reviewed the petition and the PUD
document to address environmental concerns. The Environmental Considerations section and
PUD Master Plan have been revised to reflect the Preserve that was retained in accordance with
the original PUD document section 5,7,e. The site plan depicts the proposed impact to the
existing Preserve area. The existing preserve has been on the developed site since the property
was developed in the early 1990s. The monopine will be placed within an existing preserve
area. However, this will not bring the PUD below the minimum preserve acreage required. The
minimum required preserve acreage is 0,51 acres; 1.69 acres is being provided.
Wilson Professional Center PUD,PUDA-PL20120001128 Page 5 of 13
July 16,2015 CCPC
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be set back from the property lines as follows`North 442'2"; South 2 9'6"; Easi a
• /' "' - ' " s • ' ' . •- Ahan the Mononine
Communication Tower, shall be set back from the property lines as follows:
N• h 412'*". • th 1.0'7"; East 570'8"; West 20'1".
14) Deviations for Monopine Communication Tower
Deviation #1 seeks relief from LDC Section 3.05.07(-t)(3) requiring a 25 feet
setback for pri ipal structures and 10 feet;for accessojy structures to allow a zero
feet setbae Land accessory uctures, in recogt�itian of the then
existi g Crrowth Mana:ement Plan re.uirements for native ve_etation retention at
__ht e.time the origjnALEUD was approved which did potl, quire a preserve
setback.
Deviation #2 seeks relief from the LDC Section 5.05,09.G.2,a,which re igu res a
37.5' cw r from all residential vro ertv calculated at the height of
the tower multiplied bX 2 5 to allow a 229'x"setback from residential property to
the South.
Dever' nao #3 se4}srelief from Lhe LDC Section 4 02 C.1.,"13 fir
Reuirements." .'1' ! -. _' - .ype_A 10-foot wide landscape lzaif�r with er
spaced no •r- h. 1 f-- •n -n e . .11•w . 1-f.o wig- an. ..- • -
adla t tothe Communication tower• only �s indicate, on t e Master P
Deviation#4. eels ._l:elieffro.m_the.LDC_Section..4.Ofi
I,.n. c .in_ R_ ir- en s " w i re. tir- s' w' h•u !aft_ - v- • . ion to
bay a 15 foot wide lap e buff r wi li 1__ i 2
feet on car n a 3-foot high hedge plantesi 3 feeton cetlt*ezjo. ow the
fol lowi•. 1.n. ipe offer widths._ r i y depicted hereto on Exhibit"B."
arolmd th 1 wer c.mpound_
s le n.►! . . .•-• . 011.10 _! 400 ) 1 - ' • .•
50%of the landscape buffer,
b) Along the southeast side: a minimum 4foot wide buffer for into
0%of_.the landscape.,bslf_fer,
c
Along_The e southwest side: a minimum 0-foot wide buffer for up to
50%of the landscape buffer.
d) Alone the no,rthwest,5icle: a minimum 0 foot wide buffer for up to
25%of the landscape buffer.
_.A n? h w s iii n it�i>t.cr� 10-foot wide buffer fqr tip to
1.00.% of the_.l_andscape bj,tffer,
[12-CPS-01 192/1209582/I]Words double undezlined are added;Words struck t- tgl}are deleted
[12-CPS-01192/1150329/IJ Wilson Professional Center PUI.)
PUVA-PL20120001 128 —9/25/15
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11) Parking
Off-street parking spaces sufficient to accommodate the parking demands generated by the
project shall be provided on the site and/or on the adjacent church property,subject to a
suitable agreement between the two parties and the Collier County Development Services
Director concerning sharing of parking facilities.
Parking areas shall be constructed to Collier County Standards.
12) Maintenance
The owner or lessee of any tract in the Wilson Professional Center must at all times keep the
premises,buildings, improvements and appurtenances in a safe,clean,wholesome
condition,and comply in all respects with all government, health and policy requirements.
All landscaping and exterior portions of structures shall be maintained in order to keep an
attractive appearance.
13) ►U•i.•'n- C.iau ..' -thin . - •i• •- . -• • v lo!u i St.rid, •
The MQn iQtzne CorOmun!cation Tower,and . I -lated f. - hall •- •I •s-• ! -I ='
tall, opaque;a rchltecturallv..fin' •-• . .II .nd . . • .1 h- •r•••_-• to er tract,shown
pn Exhibit"A" The Monopine Communkatiortlower shall be set Rack from the PUD
boundaries as f. . . • • t _ • ':West•2' All related facilities other than the Monopine.
• i U ic. .1 .w-r I. •- - I. kf •u 1- • ' •• n.. - •s_foijows•SOuth1905''
West 10',
1.41 Deviations
D . '. •1 ee - '-f o - '•i • • • l e LDC renuiring a -5 feet setback,
for princil structures and 10 feet for accessory structures,to allow a zero feet setback for
I
hid ai. . - •r str . - re 0_1' •1 • 1- he e. '1_ ro ti kaana__Ii-I
• ,1 -•uir-u•1 or nat' • 1.1 r-te i 'oi . I• ime • i:in. ' M Las
approve which did not re j reserve sethask,
.D_eviatio 2 seeks relief fromthe LDC Section 5.05 09.G.2.a,which requires a 300'setback
for the tower fro • .1 -s'.• is : ••_� 1 - -. . . i- -i: 0 I- p. - II . •r '-•
y 2.55.to allow a 229.5,'setback from residential proj rtv_to the South.
Deviation 143 se-. - - .u I- • -ction 4.06.02 CI. ":u - :-. ' -t -a ,"whiff
r-. . r- . T_•_e AID-foo wide Ian. .•• buffer with trees s•aced�o more than 3Qfee czn
Page 10of15
Wordsiible underlined are added;Wore- deleted. sin/ss
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Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com
P 11Th T Dlmatto3� ✓kserIYo4nf3tJ11s11D1� f
Date:08/16/16 This is a proof of your ad scheduled to run on the dates indicated below.
Please confirm placement prior to deadline by contacting your account
Account Number:505868(N068779)
• rep at(239)262-3161.
Company Name:BCC/ZONING DEPARTMENT i
t Ad Id: 1226910 P.O.No.:4500]68029 Total Cost:$393.50 i i
Contact Name:
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Email:martha.vergara@collierclerk.com !, Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I
Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:08/24/16 Stop Date:08/24/16 :
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1, • Publications:ND-Naples Daily News,ND-Internet-naplesnews.com
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I agree this ad is accurate and as ordered.
NOTICE OF PUBLIC HEARING N
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
ti
Notice is hereby given that on Tuesday,September 13,2016,in r•
the Board of County Commissioners Meeting Room,Third Floor,
Collier Government Center,3299 Tamiami Trail East,Naples FL., < *.'444
the Board of County Commissioners(BCC)will consider the
enactment of a County Ordinance.The meeting will commence - Q
at 9:00 A.M.The title of the proposed Ordinance is as follows:
An Ordinance of the Board of County Commissioners of CO
County,Florida amending Ordinance No.92-23,the # CO
Wilson Professional Center Planned Unit Development(PUD), tt
as amended,to correct a Scrivener's Error in Section 4.3(13) f
relating to minimum required setbacks for the monopine
communication tower and related facilities,and to revise
• the mailing address for the sponsor of the PUD,for the PUD C
property located at the southwest corner of Airport-Pulling
Road and Bailey Lane in Section 23,Township 49 South,Range 4)
25 East,Collier County,Florida;and by providing an effective CC
date[SE-PL20160001712). } G
A copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection.All interested parties are
invited to attend and be heard.
NOTE:All persons wishing to speak on any agenda item must
• register with the County manager prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item.The selection of any individual
to speak on behalf of an organization or group is encouraged.
If recognized by the Chairman,a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing.All materials used in
presentations before the Board will become a permanent part
of the record.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
therefore,may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and
evidence upon which the appeal is based. I(
If you are aperson withadisability who needs any accommodation
in order to participate in this proceeding,you are entitled,at pp
no cost to you,to the provision of certain assistance. Please
contact the Collier County Facilities Management Division,
located at 3335 Tamiami Trail East,Suite 101,Naples, FL,34112-
5356,(239)252-8380,at least two days prior to the meeting.
Assisted listening devices for the hearing impaired are available
in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
DONNA FIALA,CHAIRMAN
DWIGHT E.BROCK,CLERK
By:Ann lennejohn
Deputy Clerk(SEAL)
August 24,2016 No.1226910
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat-
egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi-
ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past
the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may
be pro-rated for the remaining full days for which the ad did not run.
��a . .. . _ . ..r..,_._ .u, . .. _w. A. Packet Pg. 3417
17.A.e
Naples Daily News Wednesday,August 24,2016 19D-n
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that on Tuesday,September 13,2016, in
the Board of County Commissioners Meeting Room,Third Floor,
Collier Government Center,3299 Tamiami Trail East,Naples FL.,
the Board of County Commissioners (BCC) will consider the
enactment of a County Ordinance. The meeting will commence
at 9:00 A.M. Tile title of the proposed Ordinance is as follows:
An Ordinance of the Board of County Commissioners of W
Collier County, Florida amending Ordinance No. 92-23, the
Wilson Professional Center Planned Unit Development(PUD), O
as amended,to correct a Scrivener's Error in Section 4.3(13) 4.
relating to minimum required setbacks for the monopine
communication tower and related facilities, and to revise o
the mailing address for the sponsor of the PUD,for the PUD N
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[SE-PL20160001712]. N
A copy of the proposed Ordinance is on file with the Clerk to the r
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County manager prior to presentation of o
the agenda item to be addressed. Individual speakers will be rN-
limited to 3 minutes on any item. The selection of any individual
to speak on behalf of an organization or group is encouraged.
If recognized by the Chairman, a spokesperson for a group or _
organization may be allotted 10 minutes to speak on an item. m
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of -a
seven days prior to the public hearing. All materials used in
presentations before the Board will become a permanent part
of the record.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and m
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at Y
no cost to you, to the provision of certain assistance. Please ,a
contact the Collier County Facilities Management Division,
located at 3335 Tamiami Trail East,Suite 101,Naples, FL,34112-
5356, (239) 252-8380, at least two days prior to the meeting.
Assisted listening devices for the hearing impaired are available
in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
DONNA FIALA,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Ann Jennejohn
Deputy Clerk(SEAL)
August 24,2016 No.1226910
Packet Pg. 3418