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Ordinance 2003-47 ORDINANCE NO. 03-. _4_7 ~AN ORDINANCE AMENDING ORDINk:q ~HE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH:.:7:- _~/1NCLUDES THE COMPREHENSIVE ZONING REGULATIONS5 FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,~.::: FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MA~'(-r ~MBERED 0511S BY CHANGING THE ZONINg: CLASSIFICATION OF THE HEREIN DESCRIBED REA~: PROPERTY FROM C-3 AND RMF-6 TO "PUD" FLANNED UNI~:~ DEVELOPMENT KNOWN AS THE MILLER SQUARE PUD. THI~m PROJECT WILL CONSIST OF 19,000 SQUARE FEET OR LESS OF RETAIL AND OFFICE COMMERCIAl 1JSES, LOCATED AT THE NORTHEAST CORNER OF U.S. 41 ~ -~ST AND SHADOWLAWN DRIVE IN SECTION 11, TOWNSHIP S0 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.9~ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. AMENDING ORDINANCE NUMBER 91-102:-51':: WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, PA, representing Richard J. Santerre, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 11, Township 50 South, Range 25 East, Collier County, Florida, is changed from "C-Y' and "RMF-6" zoning classifications to "PUD" Planned Unit Development in accordance with the "Miller Square" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 0511S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall not become effective until the supporting small scale Growth Management Plan Amendment becomes legally effective as provided by Subsection 163.3187(3)(a), Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this '2~tt~day of ~~0.t' , 2003. ! MazJori~'~J~. -tudent Assistant County Attorney BOARD OF COUNTY COMMISSIONERS TOM HENNING, CHAIRMAN This ordtnonce flied with the S~cretary of Stote'.s office and acknowledgement of that filin~ re~ed ~~ doy, MILLER SQUARE A PLANNED UNIT DEVELOPMENT Prepared For: Richard J. Santerre, Trustee 500 Fifth Avenue South Suite 522 Naples, Florida Prepared By: Richard D. Yovanovich Goodlette, Coleman & Johnson, P.A. 4001 N. Tamiami Trail, Suite 300 Naples, Florida 34103 941 / 435-3535 and D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 9-23-03 03-47 DOCUMENT DATE 9-17-02 REVISED 2-28-03 EXHIBIT "A" Page I of 15 TABLE OF CONTENTS SECTION PAGE TABLE OF CONTENTS & LIST OF EXHIBITS STATEMENT OF COMPLIANCE I II III PROPERTY OWNERSHIP & GENERAL DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS COMMERCIAL DEVELOPMENT REGULATIONS DEVELOPMENT COMMITMENTS 2 3 4 7 9 12 LIST OF EXHIBITS / ATTACHMENTS EXHIBIT A Conceptual Master Plan Page 2 of 15 STATEMENT OF COMPLIANCE The development of approximately 1.9 acres of property in Collier County, as a Planned Unit Development to be known as Miller Square, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The commercial improvements of Miller Square will be consistent with applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: o The subject property is partially within the boundaries of Mixed Use Activity Center #16. Companion petition CPSS-2003-1, a small scale GMP amendment petition, will add the balance of the property to this Activity Center. The Mixed Use Activity Center Subdistrict allows the proposed commercial uses. Development of commercial uses authorized by this PUD on the portion of the site presently not within Activity Center #16 shall not be permitted until such time as the companion GMP amendment petition is approved and is determined to be legally effective, as provided by Subsection 163.3189(2)(a), Florida Statutes. The site is within the Bayshore/Gateway Triangle Redevelopment Overlay. The site is governed by the provisions of Future Land Use Element Designation Description Section I.B.I., Mixed Use Activity Center Subdistrict, and the Bayshore/Gateway Triangle Redevelopment Overlay. The Subdistrict and Overlay permit commercial land uses in this area. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element (FLUE). The subject property's location in relation to existing or proposed community facilities and services permits the development's commercial intensity as described in Objective 2 of the FLUE. The project will be served by a complete range of services and utilities as approved by the County. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the FLUE. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County LDC. The project is compatible with adjacent land uses through the internal arrangement of structures the placement of land use buffers, and the propoged development standards contained herein. Page 3 of 15 1.1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION PURPOSE 1.2 The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Miller Square PUD. LEGAL DESCRIPTION The subject property being. PARCEL I: LOTS 6 THROUGH 16, INCLUSWEK BLOCK E SHADOWLAWN AT NAPLES, A SUBDWISION PER PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 37, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND PARCEL II: FROM OR BOOK 2714, PAGE 3375 LOT 17, LESS THE NORTH 11 FEET THEREOF, BLOCK E, SHADOWLAWN AT NAPLES, A SUBDIVISION PER PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 37, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS AND EXCEPT FROM PARCEL I THE FOLLOWING DESCRIBED PROPERTY: THOSE PORTIONS OF LOTS 10, 11, 12, 13, 14 AND 15, BLOCK "E", SHADOWLAWN AT NAPLES, A SUBDIVISION IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 37, PUBLIC RECORDS OF COLLIER COUNTY, FLORDA. BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORHTWEST CORNER OF SAID LOT 15; THENCE ALONG THE WEST LINE OF SAID LOT 15, SOUTH 00001'46'' EAST, 102.11 FEET (SHOULD READ 101.11 FEET) TO THE NORTHERLY EXISTING RIGHT OF WAY LINE OF STATE ROAD 90 (U.S.41) (PER SECTION Page 4 of 15 1.3 1.4 030102116) FOR A POINT OF BEGINNING; THENCE ALONG SAID WEST LINE NORTH 00°01'46" WEST, 13.20 FEET (MEASURES 14.8'); THENCE SOUTH 52°00'49" EAST, 316.85 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 29.50 FEET, A CENTRAL ANGLE OF 41°51'23", AN ARC LENGTH OF 21.55 FEET, THE CHORD FOR WHICH BEARS NORTH 76°52'24" EAST TO SAID NORTHERLY EXISTING RIGHT OF WAY LINE AND THE END OF SAID CURVE AND TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE NORTHERLY; THENCE ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 117°08'25'', AN ARC LENGTH OF 51.11 FEET, A CENTRAL ANGLE OF 117°08'25'', AN ARC LENGTH OF 51.11 FEET, THE CHORD FOR WHICH BEARS SOUTH 69°24'59" WEST TO THE END OF SAID CURVE; THENCE CONTINUE ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE NORTH 52°00'49" WEST, 280.01 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, THENCE CONTINUE ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 51 °59'03", AN ARC LENGTH OF 22.68 FEET, THE CHORD FOR WHICH BEARS NORTH 26°01'18" WEST, TO THE END OF SAID CURVE AND THE POINT OF BEGINNING. CONTAINING 82,489.814+ SQUARE FEET, OR 1.89 ACRES MORE OR I~ESS. PROPERTY OWNERSHIP The subject property is currently under the ownership and unified control of Richard J. Santerre, Trustee, hereinafter called "applicant" or "developer" GENERAL DESCRIPTION OF PROPERTY The total site area is 1.9+_ acres and is located at the northeast comer of US 41 East and Shadowlawn Drive. This parcel is located within Section 11, Township 50 South, Range 25 East, Collier County, Florida. Bo The zoning classification of the subject property prior to the date of this approved PUD Document was Commercial Intermediate District (C-3) and Residential Multifamily (RMF-6) District. Page 5 of 15 1.5 PHYSICAL DESCRIPTION . The subject property currently supports an abandoned roadside motel, associated paved parking, sidewalks and landscaped areas. Improved site elevations generally vary from 5.0 to 7.0 NGVD. The entire site is located within the AE Elevation 8.00 foot Flood Zone designated on Panel No. 120067 0394 D, Map Revision Date of June 3, 1986 of the FEMA Firm Maps, 1986. 1.6 PROJECT DESCRIPTION The proposed development has an area of 1.96 acres and was previously developed as a motel which is presently abandoned. It is anticipated that the square footage of the proposed development will be less than 19,000 square feet of commercial use. The project will be compatible by design and selection of landscaping which shall be complementary to median and roadway landscape design; and, subject to Division 2.8 of the LDC. The development's primary access will be from Shadowlawn Drive. Additional secondary and convenience access shall be from Bayside Drive. The parcel's existing access from US 41 will be removed to improve transportation flow on this major transportation facility. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Miller Square Planned Unit Development Ordinance." Page 6 of 15 SECTION II PRO~ECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project's plan of development and relationships to applicable County ordinances as well as other project relationships. 2.2 GENERAL Regulations for development of the Miller Square PUD shall be in accordance with the contents of this Document, PUD-Planned Unit Development District, and other applicable sections and parts of the Collier County LDC and the GMP in effect at the time of issuance of any development order, which authorizes the construction of improvements to which said regulations relate. Where the regulations of this PUD Document fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. Division 3.3, Site Development Plans, of the Collier County LDC shall apply to the Miller Square PUD, except for exemptions set forth herein or otherwise granted pursuant to the Collier County LDC, Section 3.3. Unless modified, waived or excepted by this PUD Document or associated exhibits, the applicable provisions of other sections of the LDC remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition which exceeds the intensity of the existing uses on the property will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the LDC. Development equal to or less than the intensity of the existing uses on the property shall be considered vested for purposes of concurrency review. Page 7 of 15 2.3 2.4 DEVELOPMENT SCHEDULE The completion of improvements to the property should occur within three (3) years. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN 2.5 Amendments may be made to the PUD as provided in Section 2.7.3.5. of the LDC. EXCEPTIONS TO DEVELOPMENT STANDARDS An exception from Section 2.4.7.4 of the LDC which requires a 20-foot wide Type "D" right-of-way buffer within Activity Centers. A 15-foot wide Type "D" buffer adjacent to Shadowlawn Drive shall be required instead of the 20-foot wide buffer required by Section 2.4.7.4. of the LDC. Only building faqades facing Shadowlawn Drive and US 41 are required to meet the building orientation requirements of Subsection 2.8.4.4.2. of the LDC. Page 8 of 15 3.1 3.2 SECTION III COMMERCIAL "C" DEVELOPMENT REGULATIONS PURPOSE The purpose of this Section is to identify specific development standards for the Miller Square PUD. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or use, or land used, in whole or in part, for other than the following: A. Principal Uses: 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Apparel and accessory stores (5611-5699). Bank and other financial institutions and services (6021 - 6062, 6162 6163, 6211). Business and professional services (6311 - 6399, 6411, 6531, 6541, 6552, 7311 - 7342, 7371 - 7342, 7371 - 7379, 7382, 7384). Drug Stores (5912). Food stores (5411 - 5499). General merchandise (5311 - 5399). Health Services (8011 - 8049). Home and office furniture and equipment stores (5712 - 5736). Membership organizations (8611 - 8699). Miscellaneous repair services (7622-7699). Miscellaneous retail services (5932 - 5949, 5992 - 5999). Personal services (7212, 7221, 7231, 7241, 7291). Retail nursery and garden supply stories (5261). Restaurants and other eating places (5812). Travel agencies (4724). Videotape rental (7841). Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the District. Page 9 of 15 3.3 3.4 3.5 Bo Accessory Uses: Uses and structures that are accessory and incidental to uses permitted as of right. Essential services as defined by Section 2.6.9.1 of the Collier County LDC, including interim and permanent utility and maintenance facilities. DEVELOPMENT STANDARDS C. D. E. Setbacks: 1. External property lines 2. Internal property lines 3. From internal vehicular interconnect or ingress/ egress easement Maximum height: Minimum lot width: Minimum lot area: Minimum distance between structures: 25 feet 0 or 7.5 feet 5 feet 45 feet 75 feet 10,000 feet 15 feet OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the LDC in effect at the time of building permit application. LANDSCAPING AND BUFFERING REQUIREMENTS A 20-foot wide Type D buffer along all external public rights-of-way, except as permitted in Subsection 2.5.A. of the Miller Square PUD, which permits a 15-foot wide buffer along Shadowlawn Drive. Bo A 15-foot wide Type B buffer with integrated 6-foot high concrete component wall along the parcel's north property line. Page I 0 of 15 Along the Bayside Street right-of-way frontage, no wail shail be required within the 20-foot wide Type "D" buffer. A hedge, 36 inches in height at time of planting, shail be installed and maintained at a minimum height of 36 inches. 3.6 ARCHITECTURAL STANDARDS All buildings, lighting, signage, and landscaping shail be architecturaily and aestheticaily unified and shail have an Old Florida or Mediterranean Theme. All pole lighting shail be shielded from adjacent public rights-of-way and residentiai areas. Poles and fixtures shail be limited to a maximum height of 20 feet. All uses shall be subject to the provisions of Division 2.8, Architecturai and Site Design Standards and Guidelines for Commerciai Buildings and Projects, of the Collier .County LDC, except that only two building sides shall be required to meet the building orientation standards of Section 2.8.4.4.2 of the LDC. 3.7 SIGNAGE The project shail be entitled to one ground sign fronting on Shadowlawn Drive and one ground sign fronting on US 41. Additionaily, directory signage may be provided should the parcel be developed with multiple tenants, consistent with the provisions set forth in the LDC for directory signs. Ail other signage provisions shall be in accordance with Division 2.5 of the Collier County LDC in effect at the time of SDP approval. Page 11 of 15 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAL All facilities shall be constructed in accordance with the site development plans, final subdivision plats and all applicable state and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Collier County LDC, shall apply to this project even if the land within the PUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the PUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is bound by the commitments within this Document. 4.3 PUD MASTER PLAN Exhibit "A", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or SDP application, subject to the provisions of the LDC, as it may be amended. Bo All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. Page 12 of 15 4.4 MONITORING REPORT AND SUNSET PROVISIONS The Miller Square PUD shall be subject to the time limits of Section 2.7.3.4 of the LDC. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County LDC. An affidavit of the owner of the property within the PUD shall be submitted with the report stating that the contents of the report are true and correct. 4.5 TRANSPORTATION mo All traffic control devices used shall be in accordance with the traffic control standards, as amended, and as adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Bo All traffic speed limit postings shall be in accordance with the Speed Zoning Manual, as amended, and as adopted by the Florida Department of Transportation ('FDOT), as required by Florida Statutes -Chapter 316, Uniform Traffic Control Law. Co Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent certificate of occupancy (CO). External and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development shall not be considered for impact fee credits. Road impact fees shall be paid in accordance with the applicable Collier County Ordinances. Any and all points of ingress and/or egress as shown on any and all plan submittal(s) are conceptual in nature and subject to change as determined by Collier County Transportation Staff. The County reserves the right to modify or close any ingress and/or egress location(s) determined to have an adverse effect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues and roadway capacity problems. G° Any and all median opening locations shall be in accordance with the Collier County Access Management Policy, as amended, and LDC, as Page 13 of 15 Ho Jo L° amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close any median opening(s) determined to have an adverse effect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues and roadway capacity problems. Nothing in any development order shall vest the right of access over and above a right in/right out condition. Neither will the existence of, nor lack of, a future median opening be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways shall be separated from vehicular traffic areas in accordance with recognized standards and safe practices as determined by Collier County Transportation Staff. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent CO. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, will be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. All work within Collier County rights-of-way shall meet the requirements of the Collier County Right-of-Way Ordinance. All internal access(es), drive aisles and sidewalk(s) not located within the County right-of-way shall be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). Mo No Prior to SDP approval; the SDP shall show a 24-foot wide public vehicular interconnection between Bayside Drive and Shadowlawn Drive. The developer(s), its successor(s) in title, or assignee(s) shall ensure that this interconnection shall be open and available for public use in perpetuity and shall meet the access and design requirements of the Collier County Transportation Services Division. At the time of SDP approval, turn-lane improvements on Shadowlawn Drive shall be shown on the detailed engineering plans and shall address Page 14 of 15 appropriate left-turn and fight-turn lane improvements at the project entrance, as well as the addition of a separate southbound right turn lane on Shadowlawn Drive at U.S. 41. Due to the existing right-of-way constraints, no compensating right-of-way for these improvements shall be required by Collier County. Appropriate signage shall be placed at project exits on Bayside Drive to indicate to motorists that Bayside Drive is not a through street. Page 15 of 15 ':1^1~(] 30 ISAVI::I 3AIEIO NM~I/~OOYH S ~^l~l(] D~lO HSA¥1~ EXHIBIT "A" STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2003-47 Which was adopted by the Board of County Commissioners on the 23rd day of September, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of September, 2003. DWIGHT E. BROCK~ '' %-.. Clerk of Courts'and Clerk Ex-officio to Boardof County Commissioners By: Patricia Deputy Clerk