Agenda 06/12/2012 Item #17A6/12/2012 Item 17.A.
EXECUTIVE SUMMARY
Recommendation to consider a Resolution of the Board of Zoning Appeals of Collier
County, Florida relating to Petition Number ZLTR- PL2012- 0000661 approving martial arts
instruction as a. permitted use in the White Lake Industrial Corporate Park Planned Unit
Development. The subject property is located in Section 35, Township 49 South, Range 26
East, Collier County, Florida.
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) affirm a determination by the Zoning Manager
that martial arts instruction is a comparable and compatible use in the White Lake Industrial
Corporate Park Planned Unit Development (PUD). Section 3.2.A.36 of the PUD permits the
Planning Services Director to determine that other uses are "comparable in nature" to the 35
groups of uses specifically permitted in the PUD.
CONSIDERATIONS:
The White Lake Industrial Corporate Park PUD was approved on October 23, 2001. The
subject PUD allows for a mix of industrial and commercial land uses. It is located in the
northeast quadrant of the intersection of Interstate 75 and Collier Boulevard (CR 951).
The petitioner submitted a request for a Zoning Verification Letter (ZLTR -PL- 2012 -0661) on
March 15, 2012, to determine if martial arts instruction is a permitted use in the White Lake
Industrial Corporate Park PUD. Staff prepared a Zoning Verification Letter which was signed
by the Zoning Manager on March 21, 2012. The letter stated that the determination of the
Zoning Manager must be affirmed by the Board of Zoning Appeals before becoming official.
In the letter, it was determined that martial arts instruction is comparable in nature to the other
permitted uses, based on the following research.
The Standard Industrial Classification (SIC) Manual does not include a code for a martial arts
instruction. It does, however, include the listing "Amusement and Recreation Services, Not
Elsewhere Classified" (SIC Code 7999). This SIC Code includes the uses "judo instruction ",
"karate instruction" and "gymnastics instruction "; which are generally understood to be similar
uses to martial arts instruction. This SIC Code is not listed as a permitted use within the White
Lake Industrial Corporate Park PUD. However, the PUD permits "any other use, which is
comparable in nature to the foregoing land uses as determined by the Collier County Planning
Services Director" (Section 3.2.A.36 of the PUD). In today's Growth Management Division,
that duty has been designated to the Zoning Manager.
The applicant states in his letter that martial arts instruction is educational and the PUD permits
"educational services" (SIC Codes 8243 — 8249). Those educational services include aviation
schools, art schools and vocational schools; therefore, forms of education or instruction of
students are permitted in the PUD.
The applicant also states that "physical fitness facilities" (SIC Code 7991) are permitted in the
Industrial zoning district and are; therefore, comparable in nature to the uses in an industrial-
White Lake Industrial Corporate Park PUD
6 -12 -12
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6/12/2012 Item 17.A.
format PUD. SIC Code 7991 includes the language "establishments primarily engaged in
operating reducing and other health clubs, spas, and similar facilities featuring exercise and
other active physical fitness conditioning... ". The phrase "active physical fitness conditioning"
may generally be understood to include martial arts instruction.
White Lake Industrial Corporate Park PUD includes Tract "I ", Industrial Development Area.
The Industrial zoning district permits "physical fitness facilities" which may include Martial
Arts Instruction. Therefore, Martial Arts Instruction in an Industrial Development Area is
consistent with Martial Arts Instruction in the Industrial zoning district.
After research and review, it was determined that Martial Arts Instruction, is a use comparable
in nature to the listed permitted uses, and is therefore, deemed a permitted use in the PUD.
It is the opinion of the Office of the County Attorney that the determination of the Zoning
Manager must be affirmed by the Board of Zoning Appeals before becoming official.
FISCAL IMPACT:
The proposed land use for martial arts instruction by and of itself will have no fiscal impact on
Collier County. There is also no guarantee that a martial arts facility will be established in the
subject PUD. In addition, if the use is approved, it will be located in an existing industrial park;
therefore, the existing land will entail minimal development which will not result in major
impact to Collier County public facilities.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management impact associated with this determination.
LEGAL CONSIDERATIONS:
This matter has been reviewed by the County Attorney's Office and has been found legally
sufficient. An affirmative vote of four commissioners is required for approval. (HFAC)
RECOMMENDATION:
That the BZA adopt the attached Resolution approving the use of martial arts instruction in the
White Lake Industrial Corporate Park PUD and authorize the Chairman to sign the Resolution.
PREPARED BY:
Fred Reischl, AICP, Senior Planner
Department of Land Development Services
Attachments: 1) Application
2) Zoning Verification Letter
3) Ordinance 01 -59; White Lake Industrial Corporate Park PUD
4) Resolution
White Lake Industrial Corporate Park PUD 2
6 -12 -12
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White Lake Industrial Corporate Park PUD
6 -12 -12
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6/12/2012 Item 17.A.
6/12/2012 Item 17.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to consider a Resolution of the Board of Zoning Appeals of Collier County,
Florida relating to Petition Number ZLTR- PL2012- 0000661 approving martial arts instruction as
a permitted use in the White Lake Industrial Corporate Park Planned Unit Development. The
subject property is located in Section 35, Township 49 South, Range 26 East, Collier County,
Florida.
Meeting Date: 6/12/2012
Prepared By
Name: ReischlFred
Title: Sr. Planner, Land Development Services
5/8/2012 11:12:41 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 5/22/2012 10:25:32 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 5/22/2012 10:41:15 AM
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 5/22/2012 12:25:51 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/30/2012 8:08:39 AM
Name: AshtonHeidi
Title: Section Chief /Land Use- Transportation,County Attor
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Date: 5/30/2012 1:22:47 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/30/2012 3:49:43 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/31/2012 7:28:24 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/1/2012 2:14:30 PM
Name: OchsLeo
Title: County Manager
Date: 6/4/2012 9:39:28 PM
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6/12/2012 Item 17.A.
6/12/2012 Item 17.A.
Gci er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION 239) 252 -2400 FAX (239) 252-6358
w.coliier cc� v net
A I L.ICATIO
=nvironmental Issue
1 I4
ZLTR- PL20120000661
3526 AND 3530 PLOVER AVE
PROJECT NUMBER DATE: 3/15112
PROJECT NAME DUE: 4/15/12
DATE PROCESSED
Please provide all of the information requested. See below for submittal requirements.
Please allow 30 days for processing.
Applicant's Name Lighthouse Properties, LLC, c/o R. Bruce Anderson, Esq.
Firm Roetzel & Andress, LPA
Address 850 Park Shore Drive
City Naples State FL ZIP 34103
Phone 239 649 -2708 Fax 239 261 -3659
E -Mail banderson(a-)-ra law. corn
SITE-1 MFORMA71710N,
Address 3526 and 3530 Plover Avenue, Naples, FL
Folio Number 81790004500 and 81790004526
Property Owners Name Lighthouse Properties, LLC
Verification being requested (Please state specifically the questions you would like
answered, in the space below or on a separate attachment. The Zoning Verification Letter
will respond only to those questions):
See copy of attached letter dated March 5, 2012 to R. Bellows.
8/30/2010
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6/12/2012 Item 17.A.
Ar County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104
PLANNING AND REGULATION 239) 252 -2400 FAX (239) 252-6358
www.colliergov.net
Please attach survey or any other infonnation which may be relevant to your request.
SUBMITIFAO � 4 RE-QUIREMENTS
• Application Fee: $100 (payable to the Board of County Commissioners)
NOTE: Additional Fees of $100 per hour will be charged as needed upon completion
of review and research. Payment of Additional Fees will be required prior to the
release of the verification.
• Additional copy of application and all attachments
The application can be delivered or mailed to: Growth Management
Division /Planning and Regulation, Attn: Business Center, 2800 North Horseshoe
Drive, Naples, Florida 34104.
Applicant Signature Date - --
Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was
visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the
date the report was prepared. Code regulations could be subject to change. While every attempt has been made to
ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department
disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility for
the cost of correcting any unreported conditions.
8/30/2010
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ANDRESS
A LEGAL PROFESSIONAL ASSOCIATION
March 5, 2012
VIA EMAIL AND REGULAR U.S. MAIL
Raymond Bellows
Planning Manager
Collier County Planning Services
2800 Horseshoe Drive
Naples, FL. 34104
6/12/2012 Item 17.A.
850 PARK SHORE DRIVE
TRIANON CENTRE - THIRD FLOOR
NAPLES, FL 34103
239.649.2708 DIRECT
239.649.6200 MAIN
239.261.3659 FAX -
banderson@ralaw.com
www.ralaw.com
Re: Martial Arts Instruct nn in White Lake PUD (Ordinanne 01 -59)
Dear Mr. Bellows:
This letter is a zoning verification request. A pre - application meeting was held previously and we
request that the $500.00 pre- application fee be credited to the fee for a zoning verification letter.
I represent Lighthouse Properties, LLC the owner of two lots in the industrial section of the
White Lake Industrial Corporate Park PUD. One of the lots has a structure on it. My client wishes to
operate a martial arts facility on its property.
Section 3.2(36) of the PUD "Uses Permitted" states that among the uses permitted is "Any other
use which is comparable in nature to the foregoing land uses as determined by the Collier County
Planning Services Director." LDC Sections 2.03.00 at 1.06.00 also authorize the County Manager or his
designee to make interpretations when similar language is found in any zoning district.
I believe that under the comparable use language a martial arts instructional facility is a permitted
use. Educational services are specifically listed in the PUD as a permitted use and a martial arts
instructional facility is comparable in nature in that it is a physical education service. Also, physical
fitness facilities are a permitted use in the conventional Industrial Zoning District evidencing the County's
recognition that physical fitness facilities are a comparable and compatible use with other industrial
permitted uses.
Thank you for your attention to this matter. Should you have any questions, please do not
hesitate to contact me.
Sincerely,
R. Bruce Anderson
For the Firm
RBA/slm
Cc: Tom Leithauser via email
Fred Reischl via email
NEW YORK CHICAGO CLEVELAND TOLEDO AKRON COLUMBUS
WASHINGTON D.C. TALLAHASSEE ORLANDO FORTMYERS NAPLES
620'1633 v1
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CINCINNATI
FORT LAUDERDALE
6/12/2012 Item 17.A.
mac► -1 4Z�61-1-*TL
Growth Management [Division
Planning & Regulation
..and Development Services
March 21, 2012
R. Bruce Anderson, Esq.
Roetzel & Andress, LPA
850 Park Shore Drive
Naples, FL 34103
Re: Zoning Verification Letter ZLTR -PL- 2012 -0661; White Lake Martial Arts; 3526 and 3530
Plover Avenue; in Section 35, Township 49 South, Range 26 East, Collier County, Florida.
Property ID /Folio No: 81790004500 & 81790004526.
Dear Mr. Anderson:
Thank you for your request for Zoning Verification received on March 15, 2012. The subject
property is zoned Planned Unit Development (White Lake Industrial Corporate Park PUD) and is
designated as Industrial on the Future Land Use Map of the Growth Management Plan (GMP).
You requested verification of the use of a martial arts facility on the subject site.
The Standard Industrial Classification (SIC) Manual does not include a code for a martial arts
facility. It does, however, include the listing "Amusement and Recreation Services, Not
Elsewhere Classified" (SIC Code 7999). This SIC Code includes the uses "judo instruction ",
"karate instruction" and "gymnastics instruction "; which are generally understood to be similar
uses to martial arts instruction. This SIC Code is not listed as a permitted use within the White
Lake Industrial Corporate Park PUD. However, the PUD permits "any other use, which is
comparable in nature to the foregoing land uses as determined by the Collier County Planning
Services Director' (Section 3.2.A.36 of the PUD).
In consideration of the above, you state in your letter that martial arts instruction is educational
and the PUD permits "educational services" (SIC Codes 8243 — 8249). Those educational
services include aviation schools, art schools and vocational schools; therefore, forms of
education or instruction of students are permitted in the PUD.
You also state that "physical fitness facilities" (SIC Code 7991) are permitted in the industrial
zoning district and are; therefore, comparable in nature to the uses in an industrial - format PUD.
SIC Code 7991 includes the language "establishments primarily engaged in operating reducing
and other health clubs, spas, and similar facilities featuring exercise and other active physical
fitness conditioning... ". The phrase "active physical fitness conditioning" may generally be
understood to include martial arts instruction.
Therefore, based on the research and analysis above, it is the opinion of the Zoning Manager
(successor -in- authority to the Planning Services Director) that the following land uses are
comparable in nature to the permitted uses in Section 3.2.A of the White Lake Industrial
Department of Land Development Services • 2800 North Horseshoe Drive • Naples, FL 34104 • 239 - 252 -2400 • www.colliergov.net
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6/12/2012 Item 17.A.
Corporate Park PUD and are therefore permitted uses in the PUD:
Martial Arts Instruction.
Please note: according to the Office of the County Attorney, this determination must be
affirmed by the Board of Zoning Appeals before becoming official. You will be notified when a
hearing is scheduled and when advertising fees are due.
Please be advised that the information presented in this verification letter is based on the Collier
County Land Development Code and /or Growth Management Plan in effect as of this date. It is
possible that subsequent amendment(s) to either of these documents could affect the validity of
this verification letter. It is also possible that development of the subject property could be
affected by other issues not addressed in this letter, such as, but not limited to, concurrency
related to the provision of adequate public facilities, environmental impact, and other
requirements of the Collier County Land Development Code or related ordinances.
Should you require further information or have any questions, please do not hesitate to contact
me at (239) 252 -4211 or fredreischl @colliergov.net.
Researched and prepared by: Reviewed by:
Fred,Reischl, AICP, Senior Planner Raymund V. Bellows, Zoning Manager
Land Development Services Land Development Services
cc: Peggy Jarrell, Addressing Section
Laurie Beard. commitment Tracking
Packet Page -2466-
67s970>>
ORDINANCENO.01- 59
>�
AN ORDINANCE AMENDING
CD
0
ORDINANCE
NUMBER 91 -102, THE COLLIER COUNTY LAND
V
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
ftsz
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL
ZONING ATLAS MAP NUMBERED 9635S BY
CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
"PUD" TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS WHITE LAKE INDUSTRIAL
CORPORATE PARK PUD, FOR PROPERTY
LOCATED NORTHEAST OF AND ADJACENT TO
THE INTERSECTION 1 -75 AND COLLIER
BOULEVARD (C.R. 951), IN SECTION 35,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 144.4+
ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 93 -01, THE FORMER WHITE
LAKE INDUSTRIAL PARK PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
6/12/2012 Item 17.A.
WHEREAS, RWA, Inc., representing William T. Higgs, petitioned the Board
Commissioners to change the zoning classification of the herein described real property.'
NOW THEREFORE BE IT ORDAINED BY THE BOARD;
C
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: v rn
SECTION ONE:
:t
CQ617ty
COUNTY
a%
The zoning classification of the herein described real property located in Section 35, Township
49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to 'PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is
incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered
9635S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is
hereby amended accordingly.
SECTION TWO:
Ordinance Number 93 -01, known as the White Lake Industrial Park PUD, adopted on January
5, 1993 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
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6/12/2012 Item 17.A.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida,,this � day of 1)!j lP—, 2001.
/ ;AJ£r• •.; �n , BOARD OF COUNTY COMMISSIONERS
}7IGfIT-FF�RQC> Clerk COLLIER COUNTY, FLORIDA
•,Attest4s' --.to Thairnan's
signattar'R.6646
BY:
J S D. CARTER, Ph.D.. CHAIRMAN
Approved as to Form and
Legal Sufficiency This ordinance filed with the
Secretary of State's Office the
.7-ca:tday of —, x.aaa
and acknowledgement of that
f'. +[� received day
Marj o
'e M. Student of �
Assistant County Attorney By' D,,,,,. c,.
GJadmin /PUD- 92 -08(1 YCB/cw
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6/12/2012 Item -17.A.
WHITE LAKE CORPORATE PARK
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING WHITE LAKE CORPORATE PARK,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
WILLIAM T. HIGGS
2666 AIRPORT ROAD SOUTH
NAPLES, FLORIDA 34112
PREPARED BY:
RWA, INC.
3050 NORTH HORSESHOE DRIVE
SUITE 270
NAPLES, FLORIDA 34104
DATE REVIEWED BY CCPC 9/7/01
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL F3�/
Exhibit ,A,'
riles..e. - use +;lmh"w"cowrwwu�,mmnurw.mt -mwi. ----,—.k.,—
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6/12/2012 Item 17.A.
TABLE OF CONTENTS
List of Exhibits and Tables
Statement of Compliance
Section I Legal Description, Property Ownership and General Description
Section II Project Development
Section III Industrial Development Standards
Section IV Commercial Area Development Standards
Section V Development Commitments
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i
ii
1 -1
II -1
III -1
IV -1
V -1
6/12/2012 Item 17.A.
LIST OF EXHIBITS AND TABLES
EXHIBIT A PUD MASTER PLAN
TABLE I PROJECT LAND USE TRACTS
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6/12/2012 Item 17.A.
STATEMENT OF COMPLIANCE
The development of approximately 144.4 acres of property in Collier County as a Planned Unit
Development to be known as White Lake Corporate Park is in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan. The
facilities and improvements within the White Lake Corporate Park PUD will be consistent with
the growth policies, land development regulations, and applicable comprehensive planning
objectives of each of the elements of the Growth Management Plan for the following reasons:
The subject property proposed for development is within the Interchange Activity Center
Subdistrict, and the Industrial District as identified on the Future Land Use Map as
provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses
contemplated are consistent therewith.
2. The subject property is located in Activity Center #9. The land uses, and land use
intensities proposed are consistent with the Future Land Use Element of the Collier County
Growth Management Plan.
3. Development of the White Lake Corporate Park PUD shall be consistent with the Activity
Center #9 Interchange Master Plan.
4. The subject property is located in the northeast quadrant of the I -75 /Collier Boulevard
Interchange. This strategic location allows the site superior access for the placement of
commercial and indusuial/business park activities. Aft
5. The project is a mixed -use development located within a designated Activity Center,
therefore, the proposed commercial, and industrial park land uses are consistent with the
Future Land Use Element of the Collier County Growth Management Plan.
6. The development will be compatible with and complementary to existing and planned
surrounding land uses.
7. The development of the White Lake Corporate Park PUD will result in an efficient and
economical extension of community facilities and services as required in Policies 3.1.14
and L of the Future Land Use Element.
8. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the Future Land Use Element.
9. The White Lake Corporate Park PUD is planned to incorporate natural systems for water
management in accordance with their natural functions and capabilities as required by
Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element.
10. All final Development Orders within the White Lake Corporate Park PUD are subject to
the Collier County Concurrency Management System, as implemented by the Adequate
Public Facilities Ordinance.
ii
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
6/12/2012 Item 17.A.
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 White Lake Corporate Park PUD.
1.2 LEGAL DESCRIPTION
Description of the South %z of Section 35 lying North and East of I -75 Right -of -Way and
bounded on the East by monumented and occupied line.
All that part of Section 35, Township 49 South, Range 26 East, Collier County, Florida and
being described as follows:
Commencing at the West '/4 Section corner of said Section 35; thence along the East and
West' /. Section line of said Section 35, North 89 °- 00 -01" East 401.67 feet to the Easterly
Right -of -Way line of I -75 and the POINT OF BEGMNING of the parcel herein described;
thence along the Right -of -Way line of said I -75 the following seven (7) courses:
(1) South 43 °- 47' -54" East 222.17 feet;
(2) South 46 °- 47' -05" East 308.10 feet;
(3) Southeasterly 1047.59 feet along the are of a circular curve concave
to the northeast, having a radius of 2700.79 feet and being subtended
by a chord which bears South 57 °- 53' -50" East 1041.03 feet;
(4) South 690- 00 -33" East 516.30 feet;
(5) South 73 °- 00' -33" East 2839.52 feet;
(6) Southeasterly 411.28 feet along the are of a circular curve concave to
the Northeast, having a radius of I492.89 feet and being subtended
by a chord which bears south 30 °- 54' -53" East 409.98 feet to a point
of reverse curvature;
(7) Easterly 22.49 feet along the are of a circular curve concave to the
South, having a radius of 1562.89 feet and being subtended by a
chord which bears South 88 °- 22' -53" East 22.49 feet to the East line
of said Section 35;
Thence leaving said I -75 Right -of -Way continue along said East line of Section 35,
North 1 °- 57' -08" West 2089.96 feet to the East 1/. section comer of said Section 35;
Thence along the East and West '/. Section line of said Section 35, South 89° -00'-
00" West 4814.62 feet to the Point of Beginning of the parcel herein described;
subject to a Florida Power and Light Company easement as recorded in O.R. Book
681, pages 1214 -1215, Collier County, Florida; also subject to other easements and
restrictions or record; containing 144.4 acres of land more or less.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the unified ownership of William T. Higgs, 2666
Airport Road South, Naples, Florida 34112.
I -1
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6/12/2012 Item 17.A.
1,4 PHYSICAL DESCRIPTION
A. This project is located Northeast of and adjacent to the intersection of Interstate I -75
and County Road 951 in the South %z of Section 35, Township 49 South, Range 26
East, Collier County, Florida.
B. The zoning classification of the subject property is Planned Unit Development (PUD).
C. The project site is within the South Florida Water Management District, Main Golden
Gate Basin.
D. Water management facilities for the proposed project are planned to be of the lake
detention type.
E. Elevations within the project site range from 8.2 to 12.9 feet above mean sea level.
Most of the area, however, falls within the 9.5 to 12.0 feet of elevation category.
F. The site is located in Flood Zone X according to FIRM Map, panel 425 of 1125, Collier
County, Florida.
G. The soil types on the subject property include Pineda fine sand, limestone substratum
(approximately 13 %) and Boca fine sand (approximately 55 %). The remainder of the
site (approximately 32 %) consists of a lake. Soil characteristics were derived from the
Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture
(Soil Conservation Service) in March, 1954.
H. The property was historically utilized as an earth mining operation. Presently, the
property is being developed in accordance with Section 3.2 and Section 4.2 of the
former White Lake Corporate Park PUD.
1.5 PROJECT DESCRIPTION
The White Lake Corporate Park PUD shall be a mixed -use development, with a small
commercial development opportunity located west of the FP &L easement on the White
Lake Boulevard frontage, and the industrial development opportunity will remain over the
balance of the PUD property. The commercial component of the development is limited to
96,165 square feet of gross leasable floor area, and will be located on a 7.85± acre parcel.
The commercial land uses proposed are those typically associated with major interchanges,
including, but not Iimited to, convenience stores with gas pumps, restaurants, fast -food
and /or sit -down dining, and banks. The industrial/office park development is limited only
by the land area available on the east side of the FP &L easement
1.6 SHORT TITLE
This Ordinance shall be known and cited as the "White Lake Corporate Park Planned Unit
Development Ordinance ".
I -2
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
6/12/2012 Item 17.A.
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the White Lake Corporate Park PUD development, as well as other
project relationships.
2.2 GENERAL
A. Regulations for development of the White Lake Corporate Park 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 Land
Development Code and Growth Management Plan in effect at the time of building
permit application. Where these regulations fail to provide developmental
standards, then the provisions of the most similar district in the County Land
Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
time of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of the White Lake Corporate Park PUD shall become part of the
regulations that govern the manner in which the PUD site may be developed.
D. Unless modified, waived or excepted by this PUD, the provisions of other sections
of the Land Development Code, where applicable, remain in full force and effect
with respect to the development of the land that comprises this PUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities, of the County Land Development Code, at the earliest or next to occur of
either Final Site Development Plan, Final Plat approval, or building permit issuance
applicable to this development.
2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout of streets and use of land for the various
tracts is illustrated graphically by Exhibit "A ", PUD Master Plan. There will be
two land use tracts, portions of which may include water management lakes or
facilities, and private street rights -of -way, the general configuration of which is also
illustrated by Exhibit "A ".
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6/12/2012 Item 17.A.
TABLEI
PROJECT LAND USE TRACTS
TYPE ACREAGE±
TRACT'T' INDUSTRIAL 136.5
TRACT "C" COMMERCIAL 7.8
B. Areas within the PUD may be excavated and constructed as lakes or, upon
approval, may be constructed as shallow, intermittent wet and dry depressions for
water retention purposes. Minor modification to all tracts, lakes or other
boundaries may be permitted at the time of final plat or site development plan
approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively,
of the Collier County Land Development Code, or as otherwise permitted by this
PUD document.
C. In addition to the various areas and specific items shown on Exhibit "A ", such
easements as necessary (utility, private, semi- private) shall be established within or
along the various tracts as may be necessary.
2.4 DEVELOPMENT SCHEDULE
The intent of the Developer is to proceed with and complete the subdivision process for the
final phase of development and to construct the infrastructure improvement as soon as all
necessary permits are received. Individual lots will then be sold to prospective end -users
for development. Build -out is estimated to occur in the year 2002.
2.5 OPEN SPACE
A minimum of thirty percent (30 %) of the project's gross area shall be devoted to open
space in accordance with the Section 2.6.32.3. of the Collier County Land Development
Code. This requirement shall not apply to individual development parcels.
Of the project's total 144.4± acres, the following acreages represent 38% of the total site,
all contributing to open space.
- Lake: 36.6± Ac.
- Wetland Conservation Area: 9.3± Ac.
- Native Landscaping: 6.9± Ac.
- FPL Easement: 3.0± Ac.
2.6 PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a record plat for all or part of the PUD, final plans of all
required improvements shall receive approval of the appropriate Collier County
governmental agency to insure compliance with the PUD Master Development
Plan, the Collier County Subdivision Code, and the platting laws of the State of
Florida.
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6/12/2012 Item 17.A.
B. Exhibit "A ", PUD Master Plan, constitutes the required PUD Development Plan. If
required, a preliminary subdivision plat shall be submitted for the entire area
covered by the PUD Master Plan. Any division of property and the development of
the land shall be in compliance with Division 3.2 of the Collier County Land
Development Code, and the platting laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code,
when applicable, sha11 apply to the development of all platted tracts, or parcels of
land as provided in said Division prior to the issuance of a building permit or other
development order.
D. The development of any tract or parcel approved for commercial or industrial
development contemplating fee simple ownership of land for each commercial or
industrial unit or parcel, shall be required to submit and receive approval of a
preliminary subdivision plat, in conformance with the requirements of Division 3.2
of the Collier County Land Development Code, prior to the submittal of
construction plans and a final plat for any portion of the tract or parcel.
E. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
2.7 LAKE SETBACK AND EXCAVATIONS
Should lakes be excavated, the lake setback requirements described in Section 3.5.7.1 of
the Land Development Code may be reduced with the administrative approval of the
Collier County Community Development and Environmental Services Administrator, or
his designee. Lakes may be excavated to the maximum commercial excavation depths set
forth in Section 3.5.7.3.1. of the Land Development Code, however, removal of fill from
the White Lake Corporate Park PUD shall be limited to an amount up to ten percent (10 %)
(to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial
excavation permit is received.
2.8 USE OF RIGHTS -OF -WAY
All platted project streets shall be private and shall be classified as local streets. Utilization
of lands within all project rights -of -way for landscaping, decorative entranceways, and
signage may be allowed subject to review and administrative approval by the Collier
County Community Development and Environmental Services Administrator, or his
designee, for engineering and safety considerations prior to installation.
2.9 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master
Development Plan, Exhibit "A ", as provided for in Section 2.7.3.5. of the Collier County
Land Development Code. Minor changes and refinements as described in Section 5.3.C. of
this PUD document may be made in connection with any type of development or permit
application required by the Collier County Land Development Code.
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2.10 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES
Easements shall be provided for water management areas, rights -of -way, utilities and other
purposes as required. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service utilities in
compliance with applicable regulations in effect at !the time of adoption of this Ordinance
establishing the White Lake Corporate Park PUD.
Whenever the developer elects to create land area whose ownership and maintenance
responsibility is a common interest to all of the subsequent purchasers of property within
the White Lake Corporate Park PUD, the developer shall provide appropriate legal
instruments for the establishment of a Property Owners' Association whose function shall
include provision for the perpetual care and maintenance of all common facilities and open
space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land
Development Code.
2.11 FILL STORAGE
Notwithstanding the provisions of Section 3.2.8.3.6. of the Collier County Land
Development Code, fill storage is generally permitted as a principal use throughout the
White Lake Corporate Park PUD. Fill material generated may be stockpiled within areas
designated for development. Prior to stockpiling in these locations, a Vegetation Removal
and Site Filling Permit, along with plans showing the locations and cross - sections shall be
submitted to Collier County Planning Services Staff for review and approval. The
following standards shall apply:
A. Stockpile maximum side slope: 3:1
B. Stockpile maximum height: thirty -five (35) feet
C Fill storage areas shall be screened with a security fence at least six (6) feet in
height above ground level. If fill is spread to a height less than four feet over
development areas that are depicted on an approved Site Development Plan, no
fencing is required.
D. Soil erosion control shall be provided in accordance with Division 3.7 of the Land
Development Code.
E. Fill storage shall not be permitted in Preserve Areas.
2.12 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the White Lake Corporate Park PUD requires a
permit from a local, State, or Federal agency with jurisdiction over the property proposed
for development, the developer shall obtain such permits prior to final development order
approval.
2.13 NATIVE VEGETATION RETENTION REQUIREMENTS
White Lake Corporate Park PUD will be consistent with Policy 6.4.6 of the Conservation
and Coastal Management Element of the Collier County Growth Management Plan, by
adhering to the provisions of Section 3.9.5.5.3 of the Collier County Land Development
Code.
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2.14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD
Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a
part of the Land Development Code and shall be the standards of development for the
PUD. Thenceforth, development in the area delineated as the White Lake Corporate Park
PUD District on the Official Zoning Map will be governed by the adopted development
regulations, PUD Master Plan, and all applicable provisions of the Collier County Land
Development Code.
2.15 ARCHITECTURAL DESIGN GUIDELINES AND STANDARDS
Commercial land uses shall comply with the provisions of Section 2.8.3. of the Land
Development Code. Land uses proposed adjacent to the White Lake Boulevard Right -of-
Way, visible from the I -75 travel lanes, shall comply with the applicable architectural
design guidelines set forth in Division 2.8 of the Land Development Code, and may request
alternative architectural design standards as provided in, and in accordance with, the
provisions of Section 2.8.2.5 of the Land Development Code. Alternative standards shall
be evaluated for their consistency with the purpose and intent of the Activity Center #9
Interchange Master Plan. The purpose of the architectural guidelines and standards is to
provide a pleasing visual experience from the I -75 corridor in an effort to create a gateway
into Naples and Collier County, thereby advancing the purpose of the Activity Center #9
Interchange Master Plan. At such time as Collier County adopts design standards for the
Activity Center #9 Interchange Master Plan, those standards shall apply to this PUD.
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SECTION III
INDUSTRIAL DEVELOPMENT AREA
3.1 PURPOSE
6/12/2012 Item 17.A.
The purpose of this Section is to set forth the development plan for areas designated as
Tract "I ", Industrial Development Area on Exhibit "A ", PUD Master Plan.
3.2 USES PERMITTED
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) Agricultural related services (Industry Numbers 0711 -0724, 0761, 0782, and
0783);
2) Apparel and other finished products as defined under Major Group 23;
3) Automotive repair, services, and parking as defined in Major Group 75;
4) Building construction as defined under Major Group 15;
5) Business services (Industry Numbers 7312, 7313, 7319, 7334 -7336, and
7342 -7389 );
6) Communications as defined under Major Group 48;
7) Construction — special trade contractors as defined under Major Group 17;
8) Eating and drinking places (Industry Number 5812);
9) Educational services (Industry Numbers 8243 - 8249);
10) Electronic and other electrical equipment and components, except computer
equipment as defined under Major Group 36;
11) Engineering, accounting, research, management, and related services
(Industry Numbers 8711- 8733);
12) Fabricated metal products, except machinery and transportation equipment
(Industry Numbers 3411 -3479, and 3499);
13) Food and kindred products (Industry Numbers 2011- 2099). Slaughtering
Plants of any kind are prohibited;
14) Furniture and fixtures as defined under Major Group 25;
15) Heavy construction other than building construction - contractors as defined
under Major Group 16;
Ill -2
Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classi7eation
Manual, 1987 Edition.
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6/12/2012 Item 17.A.
16) Industrial and commercial machinery and computer equipment as defined
wider Major Group 35;
17) Leather and leather products (Industry Numbers 3131- 3199);
18) Local, and suburban transit and interurban highway passenger transportation
as defined under Major Group 41;
19) Lumber and wood products (Industry Numbers 2426, 2431 - 2499);
20) Measuring, analyzing, and controlling instruments; photographic, medical
and optical goods; watches and clocks as defined under Major Group 38;
21) Membership organizations (Industry Numbers 8611 and 8631);
22) Miscellaneous manufacturing industries as defined under Major Group 39;
23) Miscellaneous repair services (Industry Number 7692);
24) Motor freight transportation and warehousing (Industry Numbers 4212 -
4226);
25) Paper and allied products (Industry Numbers 2652- 2679);
26) Personal services (Industry Number 7219);
27) Printing, publishing, and allied industries as defined under Major Group 27;
28) Rubber and miscellaneous plastics (Industry Numbers 3021- 3089);
29) Stone, glass, and concrete products (Industry Numbers 3211, 3251 -3273,
and 3281);
30) Textile mill products (Industry Numbers 2211, 2221, 2241, 2251 -2259, and
2273 - 2299);
31) Transportation equipment (Industry Numbers 3714, 3716, 3728, 3732,
3751, 3769, 3792, and 3799);
32) Transportation services (Industry Numbers 4731, and 4783 );
33) United States Postal Service as defined under Major Group 43;
34) Wholesale trade - durable goods (Industry Numbers 5012 -5014, 5021 -5049,
5063 -5088, 5091, 5092 and 5094);
35) Wholesale trade - nondurable goods (Industry Numbers 5111 -5159, 5181,
5182, and 5199);
36) Any other use which is comparable in nature to the foregoing land uses as
determined by the Collier County Planning Services Director.
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6/12/2012 Item 17.A.
B. Accessory Uses
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
1) Parking facilities;
2) Customary accessory and incidental uses and structures associated with
permitted principal uses of this PUD;
3) Retail sales and/or display areas as' accessory to the principal use, not to
exceed an area greater than twenty percent (20 %) of the gross floor area of
the permitted principal use and subject to retail standards for landscaping,
parking and open space.
3.3 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Front yard setbacks shall be measured from back of curb or edge of
pavement, whichever is closer to the structure.
B. MINIMUM LOT AREA: 20,000 square feet.
C. AVERAGE LOT WIDTH: 100 feet.
D. MINIMUM YARDS:
1) Front Yard: 50 feet;
2) Side Yard: 20 feet;
3) Rear Yard: 15 feet;
4) Waterfront: 25 feet;
4) Yards abutting off -site residential land uses: 50 feet;
5) Parcels with two frontages may reduce one front yard by 10 feet.
E. MINIMUM DISTANCE BETWEEN STRUCTURES: Placement of structures
shall be in compliance with NFPA standards for fire safety, with no less than 10
feet of separation.
F. MAXIMUM HEIGHT: 50 feet.
G. MINIMUM FLOOR AREA: 1,000 square feet.
H. OFF - STREET PARKING AND LOADING REQUIREMENTS:
As required by Division 2.3 of the Collier County Land Development Code in
effect at the time of site development plan approval.
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OUTSIDE STORAGE:
Outside storage of manufactured products, raw or finished materials, or vehicles
other than passenger vehicles is permitted in this PUD subject to the provision of
screening with a fence at least 7 feet in height above ground level from all adjacent
or abutting residentially zoned or developed land. Said fence or wall shall be
opaque in design, and made of masonry, wood, or other materials approved by the
Collier County Planning Services Director.
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SECTION IV
COMMERCIAL DEVELOPMENT AREA
4.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
Tract "C ", Commercial Development Area on Exhibit "A", PUD Master Plan.
4.2 MAXIMUM COMMERCIAL SQUARE FEET
The 7.85± acre Commercial Development Area (Tract "C), shall not be developed with
more than 96,165 square feet of commercial uses. Should a hotel or motel be proposed, a
commensurate amount of commercial development opportunity shall be lost, based on a
comparison of average annual daily trip generations.
4.3 USES PERMITTED
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) Apparel and accessory stores as defined under Major Group 56;
2) Automotive dealers and gasoline service stations (Industry Numbers 5531,
and 5541);
3) Building materials, hardware, and garden supply (Industry Numbers 5211-
5261);
4) Business services (Industry Numbers 7311, 7334, and 7371);
5) Carwashes (Industry Number 7542);
6) Eating and drinking places as defined under Major Group 58;
7) Engineering, accounting, research, and management (Numbers 8711 with no
outside equipment storage, 8712 with no outside equipment storage, 8721,
8732, 8742, 8743, and 8748);
8) Finance, insurance, and real estate as defined under Major Groups 60, 61,
62, 63, 64, 65, and 67;
9) Food stores as defined under Major Group 54;
10) General merchandise stores as defined under Major Group 53;
11) Government offices as defined under Major Group 91;
MW
1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification
Manual, 1987 Edition.
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6/12/2012 Item 17.A.
12) Home furniture, furnishings, and equipment stores as defined under Major
Group 57;
13) Hotels or motels (Industry Number 7011). No more than 150 rooms shall
be permitted;
14) Legal services as defined under Major Group 81;
15) Miscellaneous retail as defined under Major Group 59, not including
Industry Numbers 5932, 5961, 5983 =5989, and not including the retail sale
of fireworks;
16) Motion pictures as defined under Major Group 78;
17) Personal services (Industry Numbers 7211, 7215, 7216 except rug cleaning,
7221 -7291, and 7299, only including car title and tag service, computer
photography or portraits, costume rental, dress suit and tuxedo rental,
electrolysis (hair removal), hair weaving or replacement service, and
tanning salons).
B. Accessory Uses
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
1) Parking facilities;
2) One caretaker's residence.
4.4 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Front yard setbacks shall be measured from back of curb or edge of
pavement, whichever is closer to the structure.
B. MINIMUM LOT AREA: 10,000 square feet.
C. AVERAGE LOT WIDTH: 100 feet.
D. MINIMUM YARDS (INTERNAL):
1) Front Yard: 25 feet, or one -half of the building height as measured from each
exterior wall, whichever is greater;
2) Side Yard: 10 feet;
3) Rear Yard: One -half of the building height;
4) Parcels with two frontages may reduce one front yard by 10 feet.
E. MINIMUM DISTANCE BETWEEN STRUCTURES: Placement of structures
shall be in compliance with NFPA standards for fire safety, with no less than 10
feet of separation.
F. MAXIMUM HEIGHT: 50 feet.
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G. MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the first
finished floor.
H. MAXIMUM GROSS LEASABLE FLOOR AREA: 96,165 square feet.
I. OFF - STREET PARKING AND LOADING REQUIREMENTS:
As required by Division 2.3 of the Collier County Land Development Code in
effect at the time of site development plan approval.
J. OUTSIDE STORAGE AND DISPLAY:
Outside storage and display is prohibited in Tract C as depicted on Exhibit "A ",
PUD Master Plan, with the exception of garden centers.
K. CARETAKER'S RESIDENCE:
One (1) caretaker's residence shall be permitted for the commercial development
area, subject to the following:
1) The residence shall be constructed as an integral part of the shopping center or
one of the commercial buildings, and shall be entered from within that
structure. Exits that comply with fire codes shall be permitted.
2) The caretakers' residence shall be an accessory use, and shall be for the
exclusive use of the property owner, tenant, or designated employee operating
or maintaining the shopping center or commercial facilities.
3) Off - street parking shall be as for a single - family residence in accordance with
Division 2.3 of the Collier County Land Development Code in effect at the time
of site development plan approval. Parking for the caretaker's residences
shall be in addition to any other required parking facilities.
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SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
6/12/2012 Item 17.A.
The purpose of this Section is to set forth the development commitments for the
development of the project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with final site development plans,
final subdivision plans and all applicable State and local laws, codes, and regulations
applicable to this PUD. Except where specifically rioted or stated otherwise, the standards
and specifications of the Land Development Code, Division 3.2 shall apply to this project
even if the land within the PUD is not to be platted. The developer, his successor and
assigns shall be responsible for the commitments outlined in this document.
The developer, his successor or assignee, shall follow the Master Development 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 to
the developer is bound by any commitments within this agreement. These commitments
may be assigned or delegated to a master association to be created by the developer. Upon
assignment or delegation, the developer shall be released from responsibility for the
commitments.
5.3 PUD MASTER DEVELOPMENT PLAN
A. Exhibit "A ", PUD Master Plari illustrates the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries, or special land use
boundaries shall not be construed to be final, and may be varied at anytime at any
subsequent approval phase such as final platting or site development plan
application. Subject to the provisions of Section 2.7.3.5 of the Land Development
Code, amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all services and all common areas in
the project.
C. The Community Development and Environmental Services Administrator, or his
designee, shall be authorized to approve minor changes and refinements to the
White Lake Corporate Park PUD Master Plan upon written request of the
developer.
1) The following limitations shall apply to such requests:
a. The minor change or refinement shall be consistent with the Collier
County Growth Management Plan and the White Lake Corporate Park
PUD document.
b. The minor change or refinement shall not constitute a substantial change
pursuant to Subsection 2.7.3.5.1. of the Collier County Land
Development Code.
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c. The minor change or refinement shall be compatible with adjacent land
uses, and shall not create detrimental impacts to abutting land uses,
water management facilities, and preserve areas within, or external to
the PUD boundaries.
2) The following shall be considered minor changes or refinements, subject to
the limitations of Subsection 5.3.C.1) of this document:
a Reconfiguration of preserve areas, jurisdictional wetland limits, and
mitigation features as a result of regulatory agency review and
permitting. There may be no overall decrease in preserve area.
b. Reconfiguration of lakes, or other water management facilities where
such changes are consistent with the criteria of the South Florida Water
Management District and Collier County.
c. Internal realignment of vehicular circulation patterns.
3) Minor changes and refinements, as described above, shall be reviewed by
appropriate County staff to ensure compliance with all applicable County
ordinances and regulations prior to the Administrator's consideration for
approval.
4) Approval by the Administrator of a minor change or refinement may occur
independently from and prior to any application for subdivision or site
development plan approval, however, the Administrator's, or his designee's
approval shall not constitute an authorization for development or
implementation of the minor change or refinement without first obtaining
all applicable County permits and approvals.
5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
A. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
B. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of
the Land Development Code.
5.5 TRANSPORTATION
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A. The developer shall maintain joint/shared access with the adjacent property
(Citygate PUD), via White Lake Boulevard.
B. The petitioner shall provide left turn lanes and arterial level street lighting at all
project entrances, if deemed warranted by Collier County. The turn lanes and
arterial level street lighting shall be provided when requested by the County.
C. The petitioner shall be responsible for a fair share contribution of the site related
roadway improvements at the Collier Boulevard /White Lake Boulevard
intersection, which has been determined to be $118,850.00, and shall be paid to
Collier County on or before October 1, 2001.
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5.6 ENGINEERING
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Detailed paving, grading site drainage and utility plans shall be submitted to
Engineering Review Services for review. No construction permits shall be issued
unless and until approval of the proposed construction with the submitted plans is
granted by Engineering Review Services.
B. The internal right -of -way cross - section shall be in accordance with the typical
section depicted on Exhibit `:A ", PUD Master Plan.
C. Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County Land Development Code.
D. Work within Collier County right -of -way shell meet the requirements of Collier
County Right -Of -Way Ordinance 82 -91.
E. The project shall be platted in accordance with the Collier County Land
Development Code to define the right -of -way, tracts, and easements as shown on
the Master Plan.
5.7 WATER MANAGEMENT
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A. A copy of the South Florida Water Management District ( SFWMD) Surface Water
Permit Application shall be sent to Colli:,r County Development Services with the
Subdivision Plat and Construction Plan and/or SDP submittal. A copy of the
approval of this SFWMD Surface Water Permit shall be submitted prior to Site
Development Plan approval.
B. All requirements of Excavation Permit No. 59.133 shall be complied with. If an
annual report is not filed, the excavation permit will be considered void in
accordance with the Land Development Code and a complete resubmission will be
necessary.
5.8 UTILITIES
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the prcjec: are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance No.
97 -17, as amended, and other applicable Couutty rules and regulations.
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B. The on -site water distribution system to serve the project must be connected to the
District's water main consistent with the main sizing requirements specified in the
County's Water Master Plan and extended throughout the project. During design of
these facilities, the following features shall be incorporated into the distribution
system:
1. Dead -end mains shall be eliminated by looping the internal pipeline network;
2. Stubs for future system interconnection with adjacent properties shall be
provided to the east property line of th.- project, at locations to be mutually
agreed to by the County and the Developer during the design phase of the
project;
2. The utility construction documents for fie project's sewerage system shall be
prepared so that all sewage flowing into the County's sewerage system is
transmitted by one (1) main on -site pump station. The developer's engineer
shall meet with the County staff prior to commencing preparation of
construction drawings, so that all aspects of the sewerage system design can be
coordinated with the County's Sewer Master Pian;
3. The existing off -site water facilities of the District must be evaluated for
hydraulic capacity to serve this project and reinforced as required, if necessary,
consistent with the County's Water Master Plan to insure that the District's
water system can hydraulically provide a sufficient quantity of water to meet the
anticipated demands for the project, and the District's existing committed
capacity.
5.9 ENVIRONMENTAL
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A Wetland preserve/conservation areas shall be surveyed prior to construction
plan/plat approval. A conservation easement similar to or as per Chapter 704.06
Florida Statutes shall be created and indicated on the plat, and shall be recorded in
the Public Records of Collier County.
B. All State and Federal permits that may affect the design of this project shall be
submitted to Engineering Review Services prior to final subdivision plat approval.
C. The use of native species in landscape plans shall be in accordance with Section
2.4.4.1 of the Collier County Land Development Code.
D. Prohibited exotic vegetation removal shall be performed in accordance with Section
3.9.6.6 of the Collier County Land Development Code.
E. Pursuant to Section 2.2.25.8.1. of the Land Development Code, if during the course
of site clearing, excavation or other construction activity a historic artifact is found,
all development within the minimum area necessary to protect the discovery shall
be immediately stopped and the Collier County Code Enforcement Department
contacted.
F. The mitigation plan for the preserve and buffer areas is provided in the
Environmental Impact Statement.
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G. The PUD Master Plan provides 4.9 acres of conservation area on -site. An
additional 6.9 acres of native landscaping will be planted on site, and 0.3 acres of
littoral vegetation will be restored along the entire lake bank where it abuts the
conservation area. Mitigation planting within conservation areas, buffers and lake
littoral zones shall be completed prior to preliminary acceptance of the next phase
of the development.
5.10 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with, or following the
construction of the principal structure, except for a construction site office that may be
constructed prior to commencement of infrastructure construction.
5.11 SIGNS
All signs shall be in accordance with Division 2.5 of Collier County's Land Development
Code, and the Activity Center #9 Interchange Master Plan.
5.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the White Lake Corporate Park PUD, except in preserve areas. The following
standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1) Grassed berms 3:1
2) Ground covered berms 3:1
3) Rip -Rap berms 1:1
4) Structural walled berms may be vertical.
B. Fencing materials shall be of either wood, masonry or similar material, except an
eight (8) foot high unified, opaque, modular concrete fence /wall shall be
constructed along White Lake Boulevard associated with Tract "I". A type "D"
landscape buffer shall be placed along the street side of said fence/wall. The
fence/wall shall be located a minimum of five (5) feet from the White Lake
Boulevard right -of -way. Construction of the fence /wall shall occur prior to or
concurrently with building construction on each parcel.
D. Fence or wall maximum height: 9 feet, as measured from the finished grade of the
ground at the base of the fence or wall. For the purpose of this provision, finished
grade shall be considered no greater than 18 inches above the crown elevation of
the nearest existing road, unless the fence or wall is constructed on a perimeter
landscape berm. In these cases, the fence or wall shall not exceed 6 feet in height
from the top of berm elevation with an average side slope of greater than 4:1 (i.e.
3:1, 2:1, 1:1, or vertical).
D. Pedestrian sidewalks, bike paths, water management facilities and structures may
be allowed in landscape buffer areas in accordance with Division 2.4 of the Land
Development Code.
5.13 LANDSCAPING FOR OFF - STREET PARKING AREAS
Except where provided for elsewhere in this document, all landscaping for off - street
parking areas shall be in accordance with Division 2.4 of the Collier County Land
Development Code, and the Activity Center #9 Interchange Master Plan.
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6/12/2012 Item 17.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 copy of:
ORDINANCE NO. 2001 -59
Which was adopted by the Board of County Commissioners on
the 23rd day of October, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board of
,— W
County Commissioners of Collier County, Florida, this 24TE; d-
ni
of October, 2001.
mr "� M $ t
DWIGHT E. BROCK, ""
Clerk of Courts.`•,. hi ?
Ex- officio to. "'t -, of,..�0
County COmml -$s -er -
Bye: T`e�ri Mich_iM;, ",'""'''
Deputy Clerk
Packet Page -2493-
6/12/2012 Item 17.A.
RESOLUTION NO. 12-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER
ZTLR- PL2012- 0000661 APPROVING MARTIAL ARTS
INSTRUCTION AS A PERMITTED USE IN THE WHITE LAKE
INDUSTRIAL CORPORATE PARK PLANNED UNIT
DEVELOPMENT. THE SUBJECT PROPERTY IS LOCATED IN
SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
NXTIEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the rezoning of land to Planned Unit
Development (PUD); and
WHEREAS, on October 23, 2001 by Ordinance No. 2001 -59, the Board of County
Commissioners of Collier County approved a PUD known as the White Lake Industrial Corporate Park
Planned Unit Development ("PUD ") for the subject property; and
WHEREAS, Section 3.2.A of the PUD provides for certain permitted uses, including
Subsection 3.2.A.36, "any other use, which is comparable in nature to the foregoing land uses as
determined by the Collier County Planning Services Director "; and
WHEREAS, the Petitioner, R Bruce Anderson, Esquire of RoetzeI & Andress, PA, on behalf
of the property owner, Lighthouse Properties, LLC, requested a determination that "martial arts
instruction" is "comparable in nature" to the permitted uses in the PUD; and
WHEREAS, the PUD permits "educational services "; and
WHEREAS, "physical fitness facilities" are permitted in the Industrial zoning district; and
WHEREAS, the subject property is in the Industrial Development Area of the PUD; and
WHEREAS, the Zoning Manager (successor to the Planning Services Director) determined that
"martial. arts instruction" is a permitted use in the PUD by Zoning Verification letter dated March 21, 2012
attached as Exhibit "A "; and
White Lake PUD / ZLTR- PL2012 -0661 Page 1 of 2
Rev. 5/18/12
Packet Page -2494-
6/12/2012 Item 17.A.
V&F —REAS, the Petitioner requests an affirmation of the Zoning Manager's determination by the
Board of Zoning Appeals that "martial arts instruction" is a permitted use in the White Lake Industrial
Corporate Park PUD according to Section 3.2.A.36 of the PUD; and
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the Land
Development Code; and
WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice
made, and all interested parties have been given opportunity to be heard by this Board in public
meeting assembled, and the Board having considered the advisability of granting the request by
Lighthouse Properties LLC for the permitted use.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that:
(1) The Zoning Verification letter dated March 21, 2012 is affirmed; and
(2) Martial arts instruction is a permitted use in the White Lake Industrial Corporate Park PUD,
according to Section 3.2.A.3 6 of the PUD.
RIT .
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second and majority vote, this day of
, 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form
and legal sufficiency:
Heidi Ashton -Cicko
Managing Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Attachment: Exhibit A – Zoning Verification letter dated March 21, 2012
CP112 -CPS - 0116514
White Lake PUD / ZLTR- PL2012 -0661 Page 2 of 2
Rev. 5/18/12
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6/12/2O12 Item 17��
March 21, 2012
Fl Bruce Anderson, Esq.
Roetza|& Andress, LFA
8SO Park Shore Drive
Naples, FL341D3
Re� Zoning Verification LettenZLTR-PL-2U12-QG8t White Lake Martial Arts: 3528 and 3630
Plover Avenue: in Section 35. Township 4Q South, Range 26 East, Collier County, Florida,
Property |D/FoUoNo: 81790004500 &81790004526,
Dear Mr. Anderson:
Thank you for your request for Zoning Verification recemedon March 15.2012The subject
property hu zoned Planned Unit Development (White Lake industrial Corporate Park PUD) and ia
designated as Industrial on the Future Land Use Map of the Growth Management Plan (GMP).
You requested verification of the use of a martial arts facility on the subject site,
The Standard |oduy1ha| Classification (8*[) Manual does not include a code for a martial arts
facility, It doea, however. include the listing "Amusement and Recreation Senxces, Not
E}memvhena CbaaodDed^ (SIC Code 7999). This SIC Code includes the uaay "judo instruction',
~hmrado instruction" and "gymnastics instruction", which are generally understood tobesimilar
uses to martial arts instruction. This SIC Code is not listed as a permitted use within the White
Lake Industrial Corporate Park PUD. However, the PUD permits 'any other use. vvh|oh is
comparable in nature to the foregoing land uumo as determined by the Collier County Planning,
Services Director" (Section 3.2.A,3Gof the PUD),
In consideration of the above, you state in your letter that martial arts instruction is educational I
and the PUO permits. "educational senxuea~ (SIC Codes 8243 — 8248) Those educational
services include aviation aohoo|a, art schools and vocational schools,- thenefore, forms of
education or instruction of students are permitted in the PuO
You also state that 'physical fitness facilities" (SIC Code 7991) are permitted in the Industrial
zoning district and are: therefore, comparable in nature to the uses man industrial-format PUD,
SIC Code 79S1 includes the language "establishments primarily engaged in operating reducing
and other health clubs, apmm, and similar facilities featuring exercise and other active physical
fitness conditioning..,". The phrase "active physical fitness conditioning' may generally be
understood to include martial arts instruction.
Therefore, based onthe research and analysis above, his the opinion of the Zoning Manager
( to the Planning Services Director) that the following land uses are
comparable in nature to the permitted uses in Section 3�.A of the White Lake Industrial
AN
Department m/ Land Development Services °oomowortm Horseshoe Drive °Naples, pLu+1cw.z39-2a2-u«0o°~w°w.000iemov.*m
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—'�-- 6J12/2[)12 Item 17.A.
Corporate Park PUO and are therefore permitted uses in thePUD:
Martial Arts Instruction.
Please note: aoomndmg to the Office of the County Atb»nney, this determination must be
affirmed by the Board of Zoning Appeals before becoming official. You will be notified when a
hearing is scheduled and when advertising fees are due.
Please be advised that the information presented in this verification letter is based on the Collier
County Land Development Code and/or Growth Management Plan in effect as of this date. It is
possible that subsequent amendn`en1(o)to either of these documents could affect the validity of
this verification bster It is also possible that development of the subject property could be
affected by other issues not addressed in this h*ttev, such as, but not hrnhsd to, concwrrenny
related to the provision of adequate public faci|ities, environmental impact. and other
requirements of the Collier County Land Development Code or related ordinances,
Should you require furtheinformationorhave any questions, please do not hesitate tocontact
me at (239) 252-4211 or fredreischl@colliergov.net.
Researched and prepared by:
rrea Re/acn/.*/Cr. Senior Planner
Land Development Services
c1c, Peggy Jarrell, Addressing Section
Lauma Beard, o*mmnmen7rackme
Reviewed by:
Raymond V. Bellows, Zoning Manager
Land Development Services
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a
6/12/2012 Item 17.A.
20D p_Friday, JUfle,1, 2012 )a NAPLES 'DAILY NEWS
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, June 12, 2012, in the Board of County
Commissioners meeting room, Third Floor, Collier Government Center, 3299 East
Tamiami Trail, Naples FL., the Board of Zoning Appeals (BZA) will :consider the
enactment of a Resolution. The .meeting will commence at 9:00 A.M. The title of
the proposed Resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, RELATING TO PETMON NUMBER ZLTR- PL2012-0000661 APPROVING
MAR11AL ARTS INSTRUCTION AS A PERMITTED USE IN THE WHITE LAKE
INDUSTRIAL CORPORATE PARK PLANNED UNIT DEVELOPMENT. THE SUBJECT
PROPERTY 15 LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
A copy of the proposed Resolution 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
Count manager prior to, presentation of the .agenda item to be 'addressed.
lndividual'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 A3
Board shall be submitted to the appropriate County staff a minimum of seven days -
prior to the public hearing. All materials used in presentations beforeAhe 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.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 11101, 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
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
FRED W'• COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
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