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Ordinance 2018-45 ORDINANCE NO. 18 - 45 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2001-59, THE WHITE LAKE CORPORATE PARK PLANNED UNIT DEVELOPMENT, BY INCREASING THE MAXIMUM NUMBER OF HOTEL/MOTEL ROOMS FROM 150 TO 281, BY ADDING TOOL RENTAL AND LEASING AS A PERMITTED USE AND ADDING GENERAL WAREHOUSING AND STORAGE AS AN ACCESSORY USE; BY INCREASING THE COMMERCIAL TRACT BY 3 ACRES AND REDUCING THE INDUSTRIAL TRACT BY 3 ACRES; BY ADDING A CAP ON TRAFFIC TRIP GENERATION FOR THE COMMERCIAL DEVELOPMENT AREA; BY REVISING DEVELOPMENT COMMITMENTS; AND REVISING THE PUD MASTER PLAN TO MOVE THE TRACT C BOUNDARY TO THE EAST OF THE FPL EASEMENT; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 144.4+/- ACRES, IS LOCATED NORTHEAST OF, AND ADJACENT TO, THE INTERSECTION OF I-75 AND COLLIER BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20170004428] WHEREAS, on October 23, 2001, the Board of County Commissioners approved Ordinance No. 2001-59, which established the White Lake Corporate Park Planned Unit Development (PUD); and WHEREAS, Patrick Vanasse, AICP of RWA, Inc. representing Power Holdings Corporation, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2001-59, as amended, the White Lake Corporate Park PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to Section 1.5, Project Description, of the PUD Document attached as Exhibit A to Ordinance No. 2001-59, the White Lake Corporate Park PUD. Section 1.5, Project Description, of the PUD Document previously attached as Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park PUD, is hereby amended as follows: [18-CPS-01757/1429651/11 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 1 of 10 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, and including, 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 785 10.85+ acre parcel. The commercial land uses proposed are those typically associated with major interchanges, including, but not limited 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. SECTION TWO: Amendments to Table 1 of Section II, Project Development Requirements, of the PUD Document of Ordinance Number 2001-59, White Lake Corporate Park PUD. Table I of Section II, Project Development Requirements, of the PUD Document previously attached as Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park PUD, is hereby amended as follows: TABLE I PROJECT LAND USE TRACTS TYPE ACREAGE± TRACT"I" INDUSTRIAL 136.5 133.5 TRACT "C" COMMERCIAL 7.8 10.85 SECTION THREE: Amendments to Section 2.15,Architectural Design Guidelines and Standards, of the PUD Document of Ordinance Number 2001-59, White Lake Corporate Park PUD. Section 2.15, Architectural Design Guidelines and Standards, of the PUD Document previously attached as Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park PUD, is hereby amended as follows: 2.15 ARCHITECTURAL DESIGN GUIDELINES AND STANDARDS Commercial land uses shall comply with the provisions of Section 2.8.3. Section 5.05.08 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 [18-CPS-01757/1429651/1] 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 2 of 10 6C.) applicable architectural design guidelines set forth in Division 2.8 Section 5.05.08 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 5.05.08.G 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. SECTION FOUR: Amendments to Section IV, Commercial Development Area, of PUD Document of Ordinance Number 2001-59, White Lake Corporate Park PUD. Section IV, Commercial Development Area of the PUD Document previously attached as Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park PUD, is hereby amended as follows: 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 7,8-510.85± acre Commercial Development Area (Tract "C"), shall not be developed with more than 96,165 square feet of commercial uses. Should a hotels or motels be proposed, a commensurate amount of commercial development opportunity shall be lost, based on a comparison of average annual daily trip generations. The maximum total daily trip generation for the Commercial Development Area of the PUD shall not exceed 584 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 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; ' Reference Executive Office of the President, Office of Management and Budget,Standard Industrial Classification Manual, 1987 Edition. [18-CPS-01757/1429651/11 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 3 of 10 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; 12) Home furniture, furnishings, and equipment stores as defined under Major Group 57; 13) Hotels or motels (Industry Number 7011). No more than 150281 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). [18-CPS-01757/1429651/11 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 4 of 10 18) Equipment Rental and Leasing, Not Elsewhere Classified (Industry Number 7359) limited to tool rental and leasing. 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. 3) General Warehousing and Storage (Industry Number 4225) limited to General Warehousing and Storage, not to include mini-warehouse warehousing or warehousing, self-storage. 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) Site 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. G. MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the first finished floor. [18-CPS-01757/1429651/1] 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 5 of 10 H. MAXIMUM GROSS LEASABLE FLOOR AREA: 96,165 square feet. I. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 LDC section 4.05.00 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 caretaker's 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 LDC section 4.05.00 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. SECTION FIVE: Amendments to Section V, Development Commitments, of the PUD Document previously attached as Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park PUD. Section V, Development Commitments, of the PUD Document previously attached as Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park PUD, is hereby amended as follows: 5.1 PURPOSE The purpose of this section is to set forth the development commitments for the development of the project. *************** [18-CPS-01757/1429651/1] 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 6 of 10 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION B:A. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of-the Land Development Code. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close- out of the PUD. At the time of this PUD approval, the Managing Entity is the White Lake Commons Association, Inc., or its assigns. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. When the PUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. *************** 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. [18-CPS-01757/1429651/1] 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 7 of 10 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. D. The White Lake Corporate Park PUD Transportation Impact Study was based on a development scenario of 96,165 square feet of retail uses for Tract C and 86.3 acres of developable industrial acreage for Tract I, as previously approved in PUD Ordinance No. 01-59. Total trip estimates were derived using the ITE Trip Generation Manual 9th edition. The maximum total daily trip generation for the Commercial Development Area of the PUD shall not exceed 584 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. *************** 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 - • No. 97 17, as amended, and other applicable County rules and regulations. • - - District's water main consistent with the main sizing requirements specified in the - „ - I - 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 the projec , . . . . . . - . agreed to by the County and the Developer during the design phase of the project; _ -- shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewage system design can be coordinated with the County's Sewer Master Plan; [18-CPS-01757/1429651/1] 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 8 of 10 3. The existing off site water faci4ties of the District must be evaluated for hydraulic capacity to serve this prefect and reinforced as required, if necessary, consistent with the County's Water Master P . - •- . - . -- 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. A. The White Lake Commons Association, Inc. (or successor in title) will convey County Utility Easements (CUEs) to the Collier County Water-Sewer District at the termini of Shaw Boulevard and Shearwater Street as depicted on the master plan. These easements will be for future water distribution system interconnection with adjacent properties and will run from the Shaw Boulevard cul-de-sac to the adjacent northern PUD boundary and from the Shearwater Street cul-de-sac to the adjacent eastern PUD boundary. The easements will be conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance at no cost to the County or the Collier County Water-Sewer District free and clear of all liens and encumbrances and shall be provided prior to or in conjunction with approval of the next development permit. In addition, if looping of the water distribution system is requested by any owner of this PUD, any costs to County or the Collier County Water-Sewer District, including land acquisition, engineering, permitting, and construction costs, for piping or other utilities infrastructure on this PUD property or adjacent property related to on-site or off- site looping of the PUD's water distribution system shall be paid by Power Corporation, its successors or assigns, within 30 days of written notification to Power Corporation, its successors and assigns. At close-out of the PUD monitoring in accordance with LDC Section 10.02.13.F, this commitment shall expire. B. The utility construction documents for the 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 Plan. *************** SECTION SIX: Amendment to PUD Master Plan attached as Exhibit A to the PUD Document attached to Ordinance No. 2001-59, the White Lake Corporate Park PUD. The PUD Master Plan attached as Exhibit A to the PUD Document attached to Ordinance No. 2001-59, the White Lake Corporate Park PUD, is hereby amended and replaced with Exhibit A attached hereto and incorporated herein. [18-CPS-01757/1429651/1] 163 White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 9 of 10 SECTION SEVEN: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of k-y1 , 2018. ATTEST: BOARD OF -OUNTY COMa SSIONERS CRYSTAL K. KINZEL, CLERK COLLI CO '+TY, FLP By: l nC By: Att ` 1 Clerk ANDY SOLIS, Chairman ttest as�ta;4 a,�'.�.:��.� signature only. Approved as to form and legality: Heidi Ashton-Cicko -° Managing Assistant County Attorney Attachment: Exhibit A—Revised PUD Master Plan This ordinance «. c with the t' of Sr,,t�;'s Office he�lg tar day of� � '4 and ack,.►owledgeme 4 of fi .r-ceived is • 0 • we�ci 1 ib bowl[18-CPS-01757/1429651/1] 163 LA) SSS White Lake Corporate Park Text struck through is deleted;text underlined is added. PUDA-PL20170004428 8/16/18 Page 10 of 10 (712c. d 0118„8,„ , -..--milin ,kobir711 1 E'50 p �_'l" lei III COLLIER BOULEVARD (C.R. 951) :m ���I:1�1 Im � "2L � 74_ s o mix l . �' gg $A � m z= a L 2 /rog 1 a. q OME a 6 , q,Vf ci . I 1 _— Rs € ? 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PROJECT: F ,e E R�TA�" SCALE wiLLiAM r.HiGGs WNILAKE COi?p0� f'Af?K POMP! 00'9 •-2� r.rw MARA. ,,,,E CIVIL ENGINE/ERs Development 8 A.,,,0, ... moi-%. VVI- .L Environmental Consultants ..,,. PUP MA5WP PLAN MO..Hors* Ru.=,o.....Her.>,a 0.1118491FAX Igo,..•,05, SIF% FLORIDA DEPARTMENT of STATE RICK SCOTT KEN DETZNER Governor Secretary of State September 26, 2018 Ms. Crystal K. Kinzel, Interim Clerk Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn Dear Ms. Kinzel: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-45, which was filed in this office on September 26, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us