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Ordinance 2017-01 ORDINANCE NO. 17- 01 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 A RURAL AGRICULTURAL (A) ZONING DISTRICT TO AN INDUSTRIAL PLANNED UNIT DEVELOPMENT (IPUD) ZONING DISTRICT TO ALLOW SOLID WASTE AND RESOURCE RECOVERY FACILITIES AND PUBLIC VEHICLE AND EQUIPMENT STORAGE AND REPAIR FACILITIES FOR A PROJECT TO BE KNOWN AS COLLIER COUNTY RESOURCE RECOVERY BUSINESS PARK IPUD ON PROPERTY LOCATED 1.5 MILES EAST OF COLLIER BOULEVARD AND ONE MILE NORTH OF WHITE LAKE BOULEVARD IN SECTION 25, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 344± ACRES; PROVIDING FOR REPEAL OF RESOLUTION NO. 09-275; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20150002737) - WHEREAS, Tim Hancock, AICP of Stantec Consulting Services, representing Collier County, 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 25, Township 49 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural (A) zoning district to an Industrial Planned Unit Development (IPUD) for a 344± acre parcel to be known as Collier County Resource and Recovery Business Park IPUD 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. [16-CPS-01525] 119 Page 1 oft Collier County Recourse Recovery Business Park-PUDZ-PL20150002737 12/22/16 SECTION TWO: Repeal of Resolution 09-275 is hereby repealed in its entirety. 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 January, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,-CLERK COLLIER COUNTY, FLORIDA • By: t , ... rte ! i r Fir By: /111)(461 Deputy Cler 1 Penny TaykChai an Attest as to Chairman's signature only. Approved as to form and legality: 04.4121A Heidi Ashton-Cicko 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 tht Sl retary of Itay‘trxtr'siOf, fice the day of °t7 and acknowledgement of that filing received�► day of B • pep Writ [16-CPS-01525] 119 Page 2of2 Collier County Recourse Recovery Business Park-PUDZ-PL20150002737 12/22/16 EXHIBIT A FOR COLLIER COUNTY RESOURCE AND RECOVERY BUSINESS PARK IPUD PERMITTED USES: This ±344.3 acre resource recovery project shall be developed for solid waste and resource recovery facilities and public vehicle and equipment storage and repair facilities. The property lies within the Rural Fringe Mixed Use District (RFMUD), Sending Lands and the North Belle Meade overlay as designated in the Collier County Growth Management Plan. Section B.1 .C)8.a)(2) under the Agriculture/Rural Designation of the Future Land Use Element addresses this property specifically, permitting the uses outlined in this document. The Master Concept Plan is designed to provide suitable buffering and development limitations to achieve compatibility with adjacent properties. DEVELOPMENT TRACTS A-D 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 primary uses: A. Principal Uses 1 . Solid Waste and Resource Recovery Facilities, including but not limited to; a. Collection and Processing of: i. Construction and Demolition Debris ii. Dirty MRF (Materials Recovery Facility) Hi. Household Hazardous Waste iv. Storm Debris v. Tires vi. White Goods vii. Yard Waste viii. Landfill Gas Management ix. Leachate Management x. Recycled Materials Processing Facility xi. Brown Goods 2. Administration Buildings 3. Equipment Maintenance Buildings 4. Vehicle and Equipment Storage and Repair 5. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or Hearing Examiner by the process outlined in the LDC. 6. Permitted Uses are allowed in development Tracts identified on the approved Master Concept Plan as follows: Page 1 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 Development Areas3 Permitted Uses Tract A Tract B Tract C Tract D Solid Waste and Resource Recovery Facility Collection and Processing of: Construction and Demolition Debris P P Dirty MRF (Materials Recovery Facility) P P Household Hazardous Waste P P Storm Debris P P P Tires P P White Goods P P P Yard Waste P P P Landfill Gas Management P P Leachate Management P P Recycled Materials Processing Facility P P Brown Goods P P Administration Buildings P P P P Equipment Maintenance Buildings P P P P Vehicle and Equipment Storage and Repair P P P P B. Temporary Uses 1 . Temporary storage of materials associated with storm debris or recovery operations associated with natural disasters. 2. Temporary storage of equipment and materials in support of landfill operations. 3. Construction administrative offices for the County and authorized contractors and consultants, including temporary access ways and parking areas. C. Accessory Uses and Structures 1 . Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) or Hearing Examiner by the process outlined in the LDC. Page 2 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 PRESERVE TRACT 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 primary uses: A. Principal Use Preserve B. Accessory Uses All other uses as permitted in LDC Section 3.05.07.H.1 .h NATIVE VEGETATION BUFFER TRACT 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 primary uses: A. Principal Use Native Vegetation Landscape Buffer B. Accessory Uses Stormwater Management Outfall All other uses as permitted by LDC Section 04.06.02 Page 3 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the proposed Industrial Planned Unit Development (IPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. TABLE I DEVELOPMENT STANDARDS Development Areas Property Development Regulations' Tract A Tract B Tract C Tract D Minimum Floor Area of Buildings (Sq.Ft.) 550 550 550 550 Minimum Lot Width (Feet) 100 100 100 100 Minimum Lot Area (Sq.Ft.) 20,000 20,000 20,000 20,000 Maximum Building Height in Feet (Zoned) 35 50 50 35 Maximum Building Height in Feet (Actual) 47 62 62 47 Minimum Distance Between Buildings (Feet) 15 15 15 15 Principal Structure Minimum Yard Req.: Front 2 25 25 25 25 Side 15 15 15 15 Rear4 25 25 25 25 Preserve Setback: Principal Structures (Feet) 25 25 25 25 Accessory Structures (Feet) 10 10 10 10 1 . Minimum Open Space shall be 50% for the entire project, totaling a minimum of 172.2 acres, exclusive of wellfield easements. Open Space Calculated based on Open Space provided for the entire project. 2. If the parcel is directly accessed by a public or private road right-of-way, setback is measured from the adjacent road right-of-way and or easement line per the LDC. 3. All individual sites within developed area shall be designed as drive-thru as much as possible to minimize backup movements by vehicles. 4. All L.M.E's shall be platted as separate tracts or shown as separate tracts on the SDP. The rear yard setback from an L.M.E. shall be minimum of 5 feet. Page 4 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 . 0, z g 38ni-inlOI JOb' — ONINOZ a w a o Y > o of o' �� U) (�'ce < a < � N CO w 'no D x a L U n a 0 Na M 11 w� Z eN 1— UES �-7!`� � � T t� Wct i J w Od02d ONtf12IVO W z 1 > w41 Q _ g 1?. ---- P L , 0 z z c.. m �� z m — 3 0 0 0 W z azo �` Z =� 8' Z w co z l- - - - - - . Q H W�77Lt CC LU 0 3 Q Q w z I U W (-) (D f- > C 7 CL LJ N LJ 23 W s 1 / II J W ~ , 'f r2 w U (n W F- cn m ~ (r) -' .o O 0 m Z W(i m ,-- w I.re_ -1Z ›.- 8 og IIib > Lx- CO r o I � z / ct W z 111 // ( ' . 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O Q N z L z I Z lin 1z4 1, --n -- 1 to (m� ,r N > EXHIBIT D LEGAL DESCRIPTION: Begin at the Southeast corner of Section 25, Township 49 South, Range 26 East, thence N 89° •51'00"W, along the South line of said Section 25, a distance of 2647.83 feet to the South 1/4 corner of said Section 25; thence continue N 89°49'19" W, along the South line of said Section 25, a distance of 2648.20 feet to the Southwest corner of said Section 25; thence N 00° 21'14" W, along the West line of the Southwest 1/4 of said Section 25, a distance of 2015.67 feet to the northwest corner of the Southwest 1/4 of the northwest 1/4 of the southwest 1/4 of said Section 25; thence N 89°49'22" £ along the north line of the Southwest 1/4 of the northwest 1/4 of the southwest 1/4 of said Section 25, a distance of 660.99 feet to the northeast corner of the Southwest 1/4 of the northwest 1/4 of the southwest 1/4 of said Section 25; thence N 00°28'59" W along the east line of the northwest 1/4 of the northwest 1/4 of the southwest 1/4 of said Section 25, a distance of 673.16 feet to the northeast corner of the northwest 1/4 of the northwest 1/4 of the southwest 1/4 of said section 25; thence S 89°41'21" W along the north line of the northwest 1/4 of the northwest 1/4 of the southwest 1/4 of said Section 25, a distance of 660.40 feet to the West 1/4 corner of said Section 25; thence N 00°28'49" W along the west line of the north half of said Section 25, a distance of 672.15 feet to the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 25; thence N 89°33'49" E along the north line of the south 1 /2 of the south 1 /2 of the north 1 /2 of said Section 25, a distance of 3962.01 feet to the northeast corner of the south half of the southwest 1/4 of the northeast 1/4 of said section 25; thence S 00°37'77" E along the east line of the west 1/2 of the east 1/2 of said Section 25 a distance of 1360.54 feet to the northeast corner of the southeast 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25 ; thence S 89°.47'54" W, a distance of 661 .01 feet along the north line of the southeast 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25 to the northwest corner of the southeast 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25; thence S 00°36'32" E along the west line of the southeast 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25 a distance of 678.67 feet to the southwest corner of the southeast 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25; thence N 89°56' 16" E along the south line of the southeast 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25, a distance of 661 . 17 feet to the southeast corner of the southeast 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25; thence N 00°37'17" W along the east line of the southeast 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25, a distance of 680.28 to the northeast corner of the southeast 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25; thence N 89°47'54" E along the north line of the south half of the northeast 1/4 of the southeast 1/4 of said Section 25, a distance of 991 .51 feet to the northeast corner of the west 1/2 of the southeast 1/4 of the northeast 1/4 of the southeast 1/4 of said Section 25; Page 6 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 thence South 00°39'35" East along the east line of the west half of the southeast 1/4 of the northeast 1/4 of the southeast 1/4 of said Section 25, a distance of 682.32 feet to the southeast corner of the west half of the southeast 1/4 of the northeast 1/4 of the southeast 1/4 of said Section 25; thence N 89°54 '57" E along the north line of the southeast 1/4 of the southeast 1/4 of said Section 25, a distance of 330.66 feet to the northeast corner of the southeast 1/4 of the southeast 1/4 of said Section 25; thence S 00°40'20" E along the southeast 1/4 of said Section 25, a distance of 1365.99 feet to the point of beginning. Subject to easements, restrictions and reservations of record. Parcel Contains 344.3 Acres more or less Page 7 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 EXHIBIT E DEVIATIONS: Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed in this Exhibit E. 1 . A deviation from LDC Section 6.06.02 A,2 which requires a 5-foot wide sidewalk to be provided on either side of public and private right-of-ways or easements which are internal to the site, to instead provide a 6-foot sidewalk on one side of the private right-of-ways or easements which are internal to the site. 2. A deviation from LDC Section 4.06.05 which requires a 5-foot buffer between Industrially zoned lots or tracts to require no internal buffers between tracts owned by Collier County. All perimeter buffers shall be required regardless of ownership. 3. A deviation from LDC Section 5.05.08.B.2.c. which requires all non-residential buildings within 300 feet of the boundary of a residentially zoned district to comply with the provisions of section 5.05.08, Architectural and Site Design Standards, to not require compliance with 5.05.08 for any tracts within the development. Page 8 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 EXHIBIT F DEVELOPMENT COMMITMENTS: ENVIRONMENTAL 1 . Preserve Area Calculation is based on LDC Section 3.05.07.C.4.b. which requires that 50% of the site be subject to Native Retention and site preservation requirements. With a total site area of ±344.3 acres, this requires a minimum of ±172.15 acres of on-site preservation 2. Outdoor lighting fixtures will be 'flat panel' type fixtures to avoid unnecessary light spill. Fixtures near the preserve areas will utilize LED light sources and_cut-off shields to reduce light spill into the preserves and native vegetation buffer tract. 3. Based on the approved USFWS Biological Opinion, the preserves on the subject property are being managed for the following listed species: RED COCKADED WOODPECKER (Picoides borealis), FLORIDA BONNETED BAT (Eumops floridanus), BIG CYPRESS FOX SQUIRREL (Sciurus niger avicennia), EASTERN INDIGO SNAKE (Drymarchon corais couperi), and GOPHER TORTOISE (Gopherus polyphemus). 4. A minimum 200' wide native vegetation buffer tract shall be provided as shown on the MCP. Preserves and the Native Vegetation Buffer Tract may be used to satisfy the landscape buffer requirement after exotic removal in accordance with LDC section 4.06.02 and LDC section 4.06.05.E.1 ; supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. For areas along the east and west side of the project that will require the establishment of a Type C Buffer, these areas shall reach the 80% opacity requirement as specified in the LDC within 6 months of the first building Certificate of Occupancy (CO) being issued for the development. PUBLIC UTILITIES Water and wastewater connections will be made at locations approved at the time of SDP review and final approval. TRANSPORTATION The development of the land within this PUD shall be subject to and governed by the following conditions: 1 . Primary access to this site is subject to a Developer Contribution Agreement dated July 8, 2014 or its successor document as approved by the Board of County Commissioners. 2. Additional site and offsite improvements, as required by the LDC, shall be addressed by the Owner at the time of Site Development Plans permitting. Page 9 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 3. All internal roads, driveways, alleys, pathways and sidewalks, as well as pedestrian interconnections to adjacent developments shall be operated and maintained by the property owner. 4. If it is judicially determined or otherwise agreed to by the County, then the County shall provide access to the outparcels identified on the Boundary Survey as #40, #41, and #42 (all of which are located within the easternmost tract identified on the site plan as "Out Parcel 10.20 Ac Zoned-A"). Said access shall be to Garland Road or other public or private road. Preserve area calculations shall not be affected by such access. 5. No permanent access onto 31St Street SW shall be granted as part of this approval; however, this condition shall not be construed to preclude any temporary emergency access that may be required by any other government agency. 6. No access shall be permitted on Garland Road. LANDSCAPE 1 . The Native Vegetation Buffer Tract shall only be supplemented with native vegetation. 2. After exotic vegetation removal, the Native Vegetation Buffer Tract shall be planted to meet opacity of the Type C landscape buffer and shall be treated as a Preserve for plantings and maintenance. A wall may also be used on the development tract in lieu of planting. These areas shall reach the 800 opacity requirement as specified in the LDC within 6 months of the first building CO being issued for the development. LIGHTING Project lighting shall be reduced to security level lighting outside of the hours of operation and shall be the minimum lighting level needed for safety and security. GENERAL 1 . Processing of yard waste shall be on the south side of the property as much as possible with staging to the north. 2. At the time of SDP application for any future land uses, Collier County Pollution Control or its successor will review each land use to determine if water quality testing is warranted based on the proposed land use. Where warranted, minimum standards for storm water testing at the point of discharge to the canal at a reasonable frequency will be developed and made part of the SDP approval. Additionally, all facilities shall be managed using the relevant industry Page 10 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 best management practices. The above are considered to be guidelines until specific standards are developed and made part of the Land Development Code at which time, the LDC standards shall apply. HOURS OF OPERATION Hours of daily operation will be the same as that of the landfill. Some operations may require service and monitoring outside of daily hours of operation, including leachate management, deep injection wells and utility operations. These uses however will be limited to employees travelling to and from the site unless responding to emergency conditions. MONITORING REPORT 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 Collier County. Should the Managing Entity desire to transfer the monitoring 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. Page 11 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 S 0.,. 1.611,.%y: .--. ., ,_ it �'r - ,L,.„710,..„, ti s„„--,,,,,..., 2.,„ , . , , FLORIDA DEPARTMENT Of STATE , RICK SCOTT KEN DETZNER Governor Secretary of State January 19, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha 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. 17-01, which was filed in this office on January 18, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us