Ordinance 2005-04
ORDINANCE NO. 05 _ 04
AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORA TED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS; BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM THE RMF-12 ZONING
DISTRICT TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS THE ZONE COMMERCIAL CPUD WHICH WILL
INCLUDE A MAXIMUM OF 6,840 SQUARE FEET OF
COMMERCIAL USE LOCATED ON THE NORTHEAST CORNER
OF GOLDEN GATE PARKWAY AND 52ND TERRACE S.W., IN
SECTION 21/22, TOWNSHIP 49 SOUTH, RANGE 26 EAST1-·"
COLLIER COUNTY, FLORIDA, CONSISTING OF 0.83± ACRES; ...
AND BY PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Tim Hancock of Talon Management, representing Baldridge Real Estate, IhÇ.~
petitioned the Board of County Commissioners to change the zoning classification of the herein described
ì
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 28, Township 49
South, Range 26 East, Collier County, Florida, is changed from the RMF-12 zoning district to be known
as The Zone "CPUD" Commercial Planned Unit Development to include a maximum of 6,840 square
feet of commercial use in accordance with The Zone PUD Document, attached hereto as Exhibit "A,"
and incorporated by reference herein. The appropriate zoning atlas map or maps; as described in Ordinance
Number 04-41, as amended, the Collier County Land Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier County,
--I) .,~ .
Florida, this ) ':-; 'day of - J &..nV A.t<q-, 2005.
o BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~W.~
,CHAIRMAN
BY:
Fred W. Coyle
Patrick G. WIÙte
Assistant County Attorney
1
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PUDZ-2004-AR-5987/MB/sp
"ZONE"
A
PLANNED UNIT DEVELOPMENT
Regulations and supporting Master Plan governing the Terrace Corner PUD, a Planned Unit
Development pursuant to provisions of the Collier County Land Development Code
PREPARED FOR:
Baldridge Real Estate, Inc.
PREPARED BY:
Tim Hancock, AICP
Talon Management, Inc.
3898 Tamiami Trail North, Suite 202
Naples, FL 34104
239-262-6197
R. Bruce Anderson, Esq.
Roetzel & Andress, PA
850 Park Shore Drive
Trianon Center, Third Floor
239-649-2708
Novmeber 29, 2004
DATE REVIEWED BY CCPC:
DATE APPROVED BY BCC:
ORDINANCE NUMBER:
AMENDMENTS AND REPEAL:
\- i6~~~S
EXHIBIT 'A'
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TABLE OF CONTENTS
List of Exhibits and Tables
Statement of Compliance & Short Title
Section I
Legal Description, Property Ownership and General Description
Section II
Project Development
Section III
Commercial Areas Plan
Section IV
General Development Commitments
2
3
4
5
6
8
10
LIST OF EXHIBITS AND TABLES
EXHIBIT A:
PUD Master Plan
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STATEMENT OF COMPLIANCE AND SHORT TITLE
The Zone Planned Unit Development (PUD) consists of ± .83 acres of land situated at the Northeast
corner of the intersection of Golden Gate Parkway and 52nd Terrace Southwest in Collier County, Florida,
1, The development of this Project will be ir1 compliance with the planning goals and objectives of Collier
County as set for the in the Golden Gate Area Master Plan,
2. The Project includes minimal retail and office uses consistent with the Golden Gate Area Master Plan
as amended on (Date) and the Collier County Land Development Code.
3. The Project location will allow access to 52nd Terrace Southwest via an existing driveway connection
as well as providing an interconnection with the adjacent commercial development through the
existing alley.
4. The Project will be served by and approved by the Florida Gulf Utility Authority.
5. The Project, as proposed, is compatible with adjacent land uses and includes adequate buffering
where dissimilar land uses are located adjacent to each other.
6. All final local development orders for this Project are subject to the Collier County Adequate Public
Facilities Ordinance.
SHORT TITLE
This Ordinance shall be known and cited as the "Zone Planned Unit Development Ordinance".
ii.
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
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 to be developed under the project name of the
"Zone PUD."
1.2 LEGAL DESCRIPTION
The subject property being ± .83 acres, is described as:
Lots 1 & 2, Block 201, Golden Gate Unit 6 as recorded in Plat Book 5, Pages 124 through 134,
inclusive of the public records of Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of:
Bank of America, NA
400 North Ashley Drive
Tampa, Florida 33602
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
The Project site is located in Section 28, Township 49 South, Range 26 East, immediately north
and East of the intersection of Golden Gate Parkway and 52nd Terrace SW in Collier County,
Florida.
The zoning classification of the subject property prior to the date of this approved PUD Document
was "RMF-12", Multi-Family, 12 units per acre.
1.5 PHYSICAL DESCRIPTION
The proposed site consists of ± .83 acres, and is proposed to utilize a dry detention swale for
water quality treatment. The project will outfall to the Santa Barbara Canal per Collier County
Requirements.
1.6 PROJECT DESCRIPTION
The project will consist of very limited commercial retail and/or professional office development.
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
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 Project, as well as other Project relationships.
2.2 GENERAL
a. Regulations for development of the Zone 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 filing of an application for approval of a preliminary subdivision plat,
site development plan, or building permit as applicable, 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 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 Zone PUD shall become part of the regulations, which 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, which 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, at the earliest or
next to occur of either final SDP approval, final plat approval, or building permit issuance
applicable to this Development.
f. The petitioner's property is located outside an area of historic/archaeological probability
as designated on the official Collier County Probability Map. Therefore, no
historic/archaeological survey and assessment is required. 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, an historic or archaeological 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,
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The Project Development Plan is illustrated graphically by Exhibit "A," PUD Master Plan. The
PUD Master Plan also illustrates necessary water management areas and the general
configuration of parking and landscaping areas.
6
BUILDING
PARKING AND DRIVE AISLES
OPEN SPACE AND WATER MANAGEMENT AREAS
± .16 acres
± .4 acres
± .27 acres
TOTAL:
± .83 acres
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
a. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the
PUD, final plans of all required improvements shall receive approval by the appropriate
Collier County governmental agency to ensure compliance with the PUD Master Plan, the
Collier County Subdivision Code, and the platting laws of the State of Florida.
b. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if
applicable, 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, shall 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. Appropriate instruments wi!: be provided at the time of infrastructure improvements
regarding any dedications and methods for providing perpetual maintenance of common
facilities.
2.5 CHANGES AND AMENDMENTS TO PUD DOCUMENT AND PUD MASTER PLAN
Amendments may be made to the PUD and PUD Master Plan in accordance with Section 2.7.3.5
of the Collier County Land Development Code.
2,6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities whose ownership
and maintenance responsibility is a common interest to all of the subsequent purchasers of
property within said Development in which the common interest is located, that developer entity
shall provide appropriate legal instruments for the establishment of a Property Owners'
Association whose function shall include provisions for the perpetual care and maintenance of all
common facilities and open spaces, subject further to the provisions of the Collier County Land
Development Code, Section 2.2.20.3.8.
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SECTION III
COMMERCIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify the type of Commercial Uses and development
standards that will be applied to the property.
3.2 DEVELOPMENT EMPHASIS
The project is bordered by Golden Gate Parkway on the South, and the Western property line
borders 52nd Terrace SW. The subject property is permitted an array of commercial uses as
indicated in the Golden Gate Area Master Plan, amended on (Date) by small scale map
amendment #CCPS 2004-1, and as such, this document and the uses contained herein, are
consistent with the Collier County Growth Management Plan.
3.3 USES PERMITTED
The project will develop with uses that are consistent with predominantly C-1 uses, with the noted
addition of 5531, Automotive and home supply stores with the limitation established below. More
specifically, no building or structures or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
a. Permitted Uses
1, Accounting, auditing and bookkeeping services (8721)
2. Automotive and home supply stores (5531 - no home supply stores or on-site
automotive repair)
3. Barber Shops (7241), except barber schools
4. Beauty Shops (7231), except beauty schools
5. Business Services (groups 7311, 7313, 7322-7331, 7338, 7371. 7372, 7374-7376,
7379).
6. Child Day Care Services (8351)
7. Group care facilities (category I and II, except for homeless shelters); care units,
except for homeless shelters; nursing homes; assisted living facilities pursuant to
state statute 400.402 F.S, and ch. 58A-5 FAC.; and continuing care retirement
communities pursuant to state statute 651 F.S. and ch. 4-193 FAC.; all subject to
Section 2.6.26 of the Land Development Code.
8. Offices for engineering, planning, architectural, and surveying services (0781, 8711-
8713).
9. Health services (groups 8011-8049).
10. Individual and family social services (8322 activity centers, elderly or handicapped;
adult day care centers; and day care centers, adult and handicapped only).
11. Insurance carriers, agents and brokers (groups 6311-6399, 6411),
12. Legal Services (8111).
13. Management and Public Relations services (groups 8741-8743, 8748).
14. Personal services (groups 7291 or 7299, debt counseling only).
15. Nondepository credit institutions (6411-6163).
16. Photographic Studios (7221).
17. Physical Fitness facilities (7991 permitted only when physically integrated and
operated in conjunction with another permitted use in this district - no stand alone
facilities shall be permitted.
18. Real estate (group 6531 - 6552).
19. Shoe Repair shops and shoeshine parlors (7251).
20. Security and commodity brokers, dealer exchanges and services (6211-6289).
21. Transportation Services (4724,), travel agencies only.
22. Any other general commercial use, which is comparable in nature with the foregoing
uses, including buildings for retail, service and office purposes consistent with the
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permitted uses and purpose and intent statement of this PUD as determined by the
Board of Zoning Appeals.
b. Accessory Uses
1 , Uses and structures that are accessory and incidental to the uses permitted as of
right in this district.
2. Caretaker's residence, subject to Section 2.6.16 of the Land Development Code.
3.4 DEVELOPMENT STANDARDS
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Minimum Lot Area:
.4 acres.
a.
b.
Minimum lot width:
1 00 feet.
c.
Minimum Yard Requirements:
1. Along Golden Gate Parkway:
2. Along 52nd Terrace SW:
3. Along East (alley):
4. Along RMF-12 Zoning:
40 feet.
15 feet.
1 0 feet.
25 feet.
d. Maximum height: Building height is limited to one story with a 35-foot maximum for
all retail and commercial uses.
e. Minimum floor area: 1000 square feet gross floor area on ground floor.
f.
Minimum off-street parking and off-street loading: As required in Division 2.3 of the
Collier County Land Development Code.
g.
Landscaping: As required in Division 2.4 of the Collier County Land Development Code.
Where the building is adjacent to either the alley or 52nd Terrace SW, additional
landscaping shall be installed to create a multi-tiered effect with ground cover, mid level
shrubs and twice the number of required canopy trees for the portion of the property
immediately adjacent to the building.
h.
Lighting: Lighting shall be designed so as to prevent direct glare, light spillage and
hazardous interference with automotive and pedestrian traffic on adjacent streets and all
adjacent properties, Where practical, project lighting design will incorporate the
appropriate elements furthered by the Collier County Sheriff's office under their "Crime
Prevention through Environmental Design" standards.
i.
Signs: As permitted in Division 2.5 of the Land Development Code.
j,
Architectural and site design standards. All buildings and projects shall be subject to the
provisions of Division 2.8 of the Land Development Code.
k.
Off site removal of earthen material: The excavation and stockpiling of earthen material in
preparation of water management facilities or to otherwise develop water bodies is
hereby permitted during construction of buildings or infrastructure. If a surplus of earthen
material exists, then its off-site disposal is also hereby permitted, subject to the following
conditions:
1. Excavation activities shall comply with the definition of a "development
excavation" pursuant to Division 3.5 of the Land Development Code, whereby
off-site removal shall be limited to 10% of the total, up to a maximum of 20,000
cubic yards.
2. All other provisions of said Division 3.5 are applicable.
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I. Repair of vehicles in the parking area is prohibited.
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 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 noted or stated otherwise, the standards and specifications
of Division 3.2 of the Land Development Code 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 assigns, 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 to the developer is bound by
commitments within this document.
4.3 PUD MASTER PLAN
a. Exhibit "A", PUD Master Plan, 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 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 ensure
the continued operation and maintenance of all service utilities and all common areas in
the Project.
4.4 SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET PROVISION
a. The Project is proposed to start construction in early 2005.
b, This Project shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
c. Common areas, including areas devoted to water management facilities will be dedicated
to a common property owners' association, if applicable, for purposes of maintenance
and care.
d. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier
County Land Development Code,
4.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE/REGULATIONS
4,6 TRANSPORTATION
a. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FDOT) Manual of Uniform
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Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition,
and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other
improvements shall be cQnsistent with and as required by the Collier county Land
Development code (LDq
b. Arterial level street lighting shall be provided at all access points. Access lighting must
be in place prior to the issuance of the first Certificate of Occupancy (CO).
c. Access points, including both driveways and proposed streets, shown on the PUD Master
Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall
vest any right of access at any specific point along any property frontage. All such access
issues shall be approved or denied during the review of required subsequent site plan or
final plat submissions. All such access shall be consistent with the Collier County Access
Management Policy (Res. 01-247), as it may be amended from time to time, and with the
Collier County Long-range Transportation Plan. The number of access points constructed
may be less than the number depicted on the Master Plan; however, no additional access
points shall be considered unless a PUD Amendment is to be processed.
d. Site-related improvements (as apposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by Collier County,
shall not be eligible for impact fee credits. All required improvements shall be in place
and available to the public prior to the issuance of the first CO.
e. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as
amended, and Division 3.15. LDC, as it may be amended.
f. All work within Collier County rights-of-way or public easements shall require a Right-of-
way Permit.
g. All proposed median opening locations shall be in accordance with the Collier County
Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as
it may be amended. Collier County reserves the right to modify or close any median
opening existing at the time of approval of this PUD which is found to be adverse to the
health, safety and welfare of the public. Any such modifications shall be based on, but
are not limited to, safety, operational circulation, and roadway capacity.
h. Nothing in any development order shall vest a right of access in excess of a right in/right
out condition at any access paint. Neither will the existence of a point of ingress, a point
of egress or a median opening, nor the lack thereof, shall be the basis for any future
cause of action for damages against the County by the developer, its successor in title, or
assignee.
i. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer and Collier Country shall have no responsibility for maintenance of any such
facilities.
j. If any required turn lane improvement requires the use of existing County right-of-way or
easement, compensating right-of-way, shall be provided without cost to Collier County as
a consequence of such improvement.
k. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign
or pavement marking improvement within a public right-of-way or, easement is
determined to be necessary, the cost of such improvement shall be borne by the
developer and shall be paid to Collier County before the issuance of the first CO.
4.7 WATER MANAGEMENT
11
a. The project will be designed and permitted in accordance with Collier County
requirements.
4.8 UTILITIES
a. Water and Sewer will be provided by Florida Gulf Utility Authority and exists adjacent to
the site.
b. All facilities extended to the site and which lie in platted rights-of-ways shall be owned
and maintained by Florida Gulf Utility Authority.
4.9 ENGINEERING
a. If the property is subdivided into three or more parcels, a plat shall be required.
b. Work within Collier County rights-of-way shall meet the requirements of Collier County
Right-Of -Way Ordinance No. 93-64.
4.10 ENVIRONMENTAL
a. The property qualifies for a waiver of the EIS requirement.
b. This PUD shall be consistent with the Environmental section of the GMP Conservation
and Coastal Management Element and the LDC at the time of final development order
approval
4.11 LANDSCAPING FOR OFF-STREET AREAS
All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the
Collier County Land Development Code in effect at the time of building permit application.
12
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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 2005-04
Which was adopted by the Board of County Commissioners
on the 25th day of January 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of January, 2005.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Boa:r4,;~iï '
County Commissi.c~i~~rs·" J;~!::')):
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By: Ann J ne,]QllIi#~.."".·, ,;~1
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