Backup Documents 01/12/2010 Item #17B
l?a
COLLI!:R COLNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
.MX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
.w......................................._*..._........**......................**.......**.**/...***..
Onglnatmg Deptl Dlv' CDES.!Zonin2 Person John-Davld Moss. Alep Date 11/'1 d1
Petition No (If none, give bnef descnptum) PUDZ.2007-AR.11398, Fakahatchee Plaza CPUD ~
PetitIOner' (Name & Address) Mr rIm Hancock, DaVIdson Engmeenng, 3530 Kratt Road, SUitt: 301, Naples. ~I'O~
Name & Address of any person(s) to be notified by Clerk.'s Office: (If more space is needed, attach separate sheet) Shoesop
Properties, LLC, 840 Jung Blvd West, Naples, FL 34120
Hearing before BCe
flZA
Other
Requested Hearing date:
Januarv 12.2010
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used' (Complete only it important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-2007-AR-11398, Shoesop Properties,
LLC, represented by Timothy Hancock, AlCP, of Davidson Engineering, Inc. is requesting a rezone from the Estates (E) Zoning
District to the Commercial Planned Unit Development (CPUD) Zoning District tor a 25,000 square.foot commercial retail and
office development to be known as Fakahatchee Plaza CPUD.The 5.46-acre suhject property is located at the northwest comer
of the Golden Gate Boulevard (CR 876) and Everglades Boulevard intersection in Section 6, Township 49 South. Range 28
East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No If Yes, .",hat account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
Reviewed by;
,
~., 7Yl . -.d:'~
;" Division Administrator or Designee
t~.}
/.,{ .10' 0 'j
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or
request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will
distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submil original to Clerk's Otfice, retaining a copy for file,
...................*..*****************..*..**.**.******..***..**...*.......*.*.**..***.*........*.*..
FOR CLERK'S OFFICE US!: ONLV,
Date Received: ~Jt!l Date of Public hearing: ~ Date Advertised: iz..lc3-3-l fI!
178
ORDINANCE NO. 09-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULA TrONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN
ESTATES (E) ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) ZONING DISTIUCT TO BE KNOWN AS THE
FAKAHATCHEE PLAZA CPUD. THE PROPERTY IS
LOCATED AT THE NORTHWEST CORNER OF
GOLDEN GATE BOULEVARD (CR 876) AND
EVERGLADES BOULEVARD, IN SECTION 6,
TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 5.46+/- ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Shoesop
Properties, LLC, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real propel1y.
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 6,
Township 49 South, Range 28 East, Collier County, Florida, is changed from an Estates (E)
Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District to be
known as the Fakahatchee Plaza CPUD in accordance with Exhibits A through F, attached hereto
and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in
Page I of2
178
Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are
hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of COWlty
Commissioners of Collier Cowlty, Florida, this
day of
,2009.
A TrEST:
DWIGHTE.BROCK,CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, Chainnan
Approved as to form and
legal sufficiency:
DRAFT
Steven T. Williams
Assistant County Attorney
Exhibit A - Pennitted Uses
Exhibit B - Commercial Development Standards
Exhibit C - Master Concept Plan
Exhibit D. Legal Description
Exhibit E - List of Deviations
Exhibit F - Developer Commitments
CP\07-CPS-00634\35
Page 2 of2
-_..,---~--..........._-,-,._-_.--,,-~- -_._-_.._-"._~-~.
178
ORDINANCE NO. 09-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN
ESTATES (E) ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) ZONING DISTRICT TO BE KNOWN AS THE
FAKAHATCHEE PLAZA CPUD. THE PROPERTY IS
LOCATED AT THE NORTHWEST CORNER OF
GOLDEN GA TE BOULEVARD (CR 876) AND
EVERGLADES BOULEVARD, IN SECTION 6,
TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 5.46+/- ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Shoesop
Properties, LLC, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 6,
Township 49 South, Range 28 East, Collier County, Florida, is changed from an Estates (E)
Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District to be
known as the Fakahatchee Plaza CPUD in accordance with Exhibits A through E, attached
hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as
Page I 01'2
8'J
described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
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
,2009.
A TIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
Steven T. Williams ~{J '1.0"
Assistant County Attorney \~.
Exhibit A - Permitted Uses
Exhibit B - Commercial Development Standards
Exhibit C - Master Concept Plan
Exhibit D - Legal Description
Exhibit E - Developer Commitments
CP\07..cPS-00634\59
Rev, 12/09/09
Page20f2
1 7 8 flfl
EXHIBIT A
PERMITTED USES
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:
PRINCIPAL USES:
I. Accident and Health Insurance (Group 6321).
2. Accounting, auditing and bookkeeping services (Group 8721).
3. Adjustment and Collection Services (Group 7322).
4. Administration of Educalional Programs (Group 9411).
5. Administration of General Economic Programs (Group 9611).
6. Administration of Housing Programs (Group 9531).
7. Administration ofpublic Health Programs (Group 9431).
8. Administration of Social, Human Resource and Income Maintenance
Programs (Group 9441).
9. Administration of Urban Planning and Community and Rural
Development (Group 9532).
10. Administration of Veterans' Affairs, Except Health and Insurance (Group
9451).
II. Advertising Agencies (Group 7311).
12. Air and Water Resource and Solid Waste Management (Group 9511).
13. Architectural Services (Group 8712).
14. Auto and home supply stores (Group 5531).
15. Automotive services (Group 7549), except any wrecker (towing) service.
16. Barber shops (Group 7241), except barber schools.
17. Beauty shops (Group 7231), except beauty schools.
18. Book Stores (Group 5942).
Fakahatrhee Plaza CPUD
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178
#
19. Business Associations (Group 8611).
20. Business Consulting Services (Group 8748).
21. Business Services, Not Elsewhere Classitied (Group 7389), except
auctioneering services, automobile recovery services, automobile
repossession services, batik work (hand-printing on textiles), bottle
exchanges, bronzing, cloth cutting/bolting or winding, contractors'
disbursement control, assembling and packaging of cosmetic kits, cotton
inspection service, cotton sampler service, telephone directories'
distribution, drive-away automobile service, exhibit building, tilling
(aerosol) pressure containers, field warehousing, tire extinguisher service,
t10at decoration, folding and refolding service, gas system conversion,
bottle or can labeling, merchandise liquidation services, metal slitting and
shearing, packaging and labeling, patrol of electric transmission or gas
lines, pipeline and power-line inspection service, press clipping service,
recording studios, repossession service, rug binding, salvaging of damaged
merchandise, scrap steel cutting and slitting, shrinking textiles, solvent
recovery service, sponging textiles, swimming pool cleaning and
maintenance, tape slitting, textile designers, textile folding, tobacco
sheeting service, window trimming service, and yacht hrokers.
22. Camera and Photographic Supply Stores (Group 5946).
23. Candy, Nut, and Confectionery Stores (Group 5441).
24. Child day care services (Group 8351).
25. Children's and Infants' Wear Stores (Group 5641).
26. Civic, Social, and Fraternal Associations (Group 8641).
27. Coin-Operated Laundries and Dry-cleaning (Group 7215).
28. Commercial Art and Graphic Design (Group 7336).
29. Commercial Photography (Group 7335)
30. Commodity Contracts Brokers and Dealers (Group 6221).
31. Computer and Computer Software Stores (Group 5734)
32. Computer Facilities Management Systems (Group 7376).
33. Computer Integrated Systems Design (Group 7373).
Fakahatchee Plaza [PU]J
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178
34. Computer Maintenance and Repair (Group 7378).
35. Computer Processing and Data Preparation and Processing Services
(Group 7374).
36. Computer Programming Services (Group 7371).
37. Computer Related Services, Not Elsewhere Classified (Group 7379).
38. Computer Rental and Leasing (Group 7377).
39. Credit Reporting Services (Group 7323).
40. Dairy Products Stores (Group 5451).
41. Direct Mail Advertising Services (Group 7331).
42. Direct Selling Establishments (Group 5963).
43. Drapery, Curtain, And Upholstery Stores (Group 5714).
44. Drug Stores and Proprietary Stores (Group 5912).
45. Dry-cleaning Plants, Except Rug Cleaning (Group 7216), non-industrial
dry cleaning only.
46. Eating places (Group 5812 only) with 6,000 square feet or less in gross
floor area in the principal structure (All establishments engaged in the
retail sale of alcoholic beverages for on-premise consumption are subject
to locational requirements of the Land Development Code).
47. Electrical and Electronic Repair Shops (Group 7629).
48. Employment Agencies (Group 7361).
49. Engineering Services (Group 8711).
50. Executive and Legislative Offices Combined (Group 9131).
51. Executive Offices (Group 9111).
52. Family Clothing Stores (Group 5651).
53. Federal and Federally-Sponsored Credit Agencies (Group 6111).
54. Fire, Marine, and Casualty Insurance (Group 6331).
3
Fakalidtchec Plaza cpun
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178
55. Floor Covering Stores (Group 57] 3).
56. Florists (Group 5992), not to exceed 5,000 square feet.
57. Fruit and Vegetable Markets (Group 5431).
58. Furniture Stores (Group 5712).
59. Garment Pressing, and Agents for Laundries and Dryc1eaners (Group
7212).
60. General Government (Group 9199).
61. General merchandise stores (Group 5399).
62. Gift, Novelty, and Souvenir Shops (Group 5947).
63. Grocery Stores (Group 54] I), Convenience Markets will only be
pennitted to operate at a maximum of ] 6 hours per day subject to LUC
852 of the ]TE, Seventh Edition, Volume 3 ofJ.
64. Hardware stores (Group 525]).
65. Help Supply Services (Group 7363).
66. Hobby, Toy, and Game Shops (Group 5945).
67. Home Health Care Services (Group 8082).
68. Hospital and Medical Service Plans (Group 6324).
69. Househo]d Appliance Stores (Group 5722).
70. ]ndividual and Family Social Services (Group 8322), elderly or
handicapped activity centers, adult day care centers, and adult and
handicapped day care centers only.
7]. Information Retrieval Services (Group 7375).
72. ]nsurancc Agents, Brokers, and Service (Group 641]).
73. Insurance Carriers (Group 6399).
74. Investment Advice (Group 6282).
75. Jewelry Stores (Group 5944).
4
Faloh.atchce Plaza cpun
ReVl';t'iL Dl~u'rnber B, 2009
178
76. Labor Unions and Similar Labor Organizations (Group 8631).
77. Land, Mineral, Wildlife, and Forest Conservation (Group 9512).
78. Landscape Counseling and Planning (Group 0781).
79. Legal services (Group 8111).
80. Legislative Bodies (Group 9121).
81. Life Insurance (Group 6311).
82. Loan Brokers (Group 6163).
83. Luggage and Leather Goods Stores (Group 5948).
84. Management Consulting Services (Group 8742).
85. Management Services (Group 8741).
86. Meat and Fish (Seafood) Markets, Including Freezer Provisioners (Group
5421).
87. Membership Organizations (Group 8699).
88. Men's and Boys' Clothing and Accessory Stores (Group 5611).
89. Miscellaneous Apparel and Accessory Stores (Group 5699).
90. Miscellaneous business Credit Institutions (Group 6159).
91. Miscellaneous Food Stores (Group 5499).
92. Miscellaneous Home Furnishings Stores (Group 5719).
93. Miscellaneous Personal Services (Group 7299), babysitting bureaus,
clothing rental, costume rental, dating service, depilatory salons, diet
workshops, dress suit rental, electrolysis, genealogical investigation
service, and hair removal only.
94. Miscellaneous Retail Stores (Group 5999), not to exceed 5,000 square feet
and no adult-oriented businesses.
95. Mortgage Bankers and Loan Correspondents (Group 6162).
96. Museums and art galleries (Group 8412).
5
Fakahatchee P]JI.J. cpun
Rev!scd: j)ecemncr S, 2009
178
97. Musical Instrument Stores (Group 5736).
98. News Dealers and Newsstands (Group 5994), not to exceed 5,000 square
feet.
99. Offices and Clinics and Doctors of Osteopathy (Group 8031).
100. Offices and Clinics of Chiropractors (Group 8041).
101. Offices and Clinics of Dentists (Group 8021).
102. Offices and Clinics of Doctors of Medicine (Group 8011).
103. Offices and Clinics of Health and Practitioners, Not Elsewhere Classified
(Group 8049).
104. Offices and Clinics of Optometrists (Group 8042).
105. Offices and Clinics of Podiatrists (Group 8043).
106. Optical Goods Stores (Group 5995), not to exceed 5,000 square feet.
107. Paint, glass and wallpaper stores (Group 5231).
108. Pension, Health, and Welfarc Funds (Group 6371).
109. Personal Credit Institutions (Group 6141).
110. Photocopying and Duplicating Services (Group 7334).
III. Photofinishing Laboratories (Group 7384).
112. Photographic studios (Group 7221).
1l3. Physical titness facilities (Group 7991).
114. Political Organizations (Group 8651).
115. Prepackaged Software (Group 7372).
116. Professional Membership Organizations (Group 8621).
117. Public Finance, Taxation, and Monetary Policy (Group 9311).
118. Public Order and Safety, Not Elsewhere Classified (Group 9229).
Fakah.ltchee Plaza crUD
Hcvi';cd; Dl'c('rnbt~r 8, 2009
6
178
119. Public Relations Services (Group 8743).
120. Radio, Television and Consumer Electronics Stores (Group 573 I).
121. Real Estate Agents and Managers (Group 6531).
122. Record and Prerecorded Tape Stores (Group 5735).
123. Regulation and Administration of Communications, Electric, Gas, and
Other Utilities (Group 9631).
124. Regulation and Administration of Transportation Programs (Group 9621).
125. Regulation of Agricultural Marketing and Commodities (Group 9641).
126. Regulation, Licensing, and Inspection of Miscellaneous Commercial
Sectors (Group 9651).
127. Religious Organizations (Group 8661).
128. Retail Bakeries (Group 5461).
129. Retail nurseries, lawn and garden supply stores (Group 5261).
130. Secretarial and Court Reporting Services (Group 7338).
131. Security and Commodity Exchanges (Group 6231).
132. Security Brokers, Dealers, and Flotation Companies (Group 6211).
133. Services Allied With the Exchange of Securities or Commodities (Group
6289).
134. Sewing, Needlework, and Piece Goods Stores (Group 5949).
135. Shoe repair shops and shoeshine parlors (Group 7251).
136. Shoe Stores (Group 5661).
13 7. Short-Term Business Credit Institutions, Except Agricultural (Group
6153).
138. Space and Research and Technology (Group 9661).
139. Sporting Goods Stores and Bicycle Shops (Group 5941).
F;lkahat.chce Pid;t.J (flU 0
Revised: Deccrn[wf' 8,2009
7
178
140. Stationery Stores (Group 5943).
141. Surety Insurance (Group 6351).
142. Surveying Services (Group 8713).
143. Tax Return Preparation Services (Group 7291).
144. Title Abstract Offices (Group 6541).
145. Title Insurance (Group 6361).
146. Tobacco Stores and Stands (Group 5993), not to exceed 5,000 square feet.
147. Transportation services (Group 4724), travel agencies only.
] 48. United States Postal Service (Group 4311 except major distribution
centers).
149. Used Merchandise Stores (Group 5932).
150. Veterinary services (Groups 0742, 0752 excluding outside kenneling).
151. Videotape rental (Group 7841), limited to 1,800 square feet of gross tloor
area and no adult-oriented businesses.
152. Watch, Clock, and Jewelry Repair (Group 7631).
153. Women's Accessory and Specialty Stores (Group 5632).
154. Women's Clothing Stores (Group 5621).
155. Any other principal use whieh is comparable in nature with the foregoing
list of permitted principal uses, as determined by the Board of Zoning
Appeals (BZA) by the process outlined in the LDC.
CONDITIONAL USES:
The following uses are permissible as conditional uses, subject to the standards and
procedures established in the LDC:
1. Churches and places of worship.
f'aklhatchee PiJ/il CPUD
r<cvisc.d: December 8. 2009
8
''If:O
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PROHIBITED USES:
No building Or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for the following:
1. Correctional institutions (Group 9223).
2. Crematories (Group 7261) (Does not include non- crematory Funeral
Parlors).
3. Drinking places (5813) and Liquor stores (Group 5921).
4. Elementary and secondary schools (Group 8211), colleges (Group 8221),
junior colleges (Group 8222).
5. General hospitals (Group 8062), psychiatric hospitals (Group 8063), and
specialty hospitals (Group 8069).
6. Homeless shelters and soup kitchens (Group 8361).
7. Libraries (Group 8231).
8. Mail order houses (Group 5961).
9. Merchandising machine operators (Group 5962).
10. NEC Recreational Shooting Ranges, waterslides, etc. (Group 7999)
II. Power laundries (Group 7211).
12. Radio, TV representatives (Group 7313) and direct mail advertising
services (Group 7331).
13. Waste management (Group 9511).
14. Fast Food Restaurants with Drive Ihru
15. Gas Stations
Fakdhat.t'bec Plaza C:PULl
Kcvised: December n, 7.009
9
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178
EXHIBIT B
COMMERCIAL DEVELOPMENT STANDARDS
1 PRINCIPAL USES
'MINIMUM LOT AREA 10,000 square feet
MINIMUM LOT WIDTH 1 00 feet
MINIMUM YARDS EXTERNAL/INTERNAL
- 25 feet / 25 teet
Front
Rear N/A /15 teet
Side 15 feet /7.5 teet
MIN. DISTANCE BETWEEN The greater of 15 teet or Y, the
STRUCTURES sum of
zoned building height
MAXIMUM HEIGHT zoned: I story and 35 teet
actual: I story and 47 feet
MINIMUM FLOOR AREA 700 square feet'
MAXIMUM BUILDING AREA 25,000 square-foot Gross Floor
-- Area (GF A) footprint
GENERAL: Except as provided for herein, all criteria setforth above shall be understood
to be in relation to individual parcel or lot boundary lines, or between structures.
1. ARCHITECTURAL
A. All buildings and projects within the PUD shall utilize a common arcltitectural
theme. This theme shall be applicable to both building design and signage.
B. All buildings shall have tile roofs or "Old Style Florida" metal roofs. The
buildings shall have an "Old Florida" architectural style and be finished in light,
subdued colors, except for decorative trim,
C. Pedestrian traffic shall be encouraged through the placement of sidewalks,
pedestrian walkways, and marked crosswalks within parking areas. Adjacent
projects shall coordinate placement of sidewalks so that a continuous pathway
through the Neighborhood Center is created.
D. Adjacent buildings within the Fakahatchee Plaza CPUD shall be connected with
walkways or courtyards,
Fak.'lhdLchec Plaza (PU!)
neviscd: December Ii, 2009
10
178 If
E. Drive-through establishments shall be limited to banks and drugstores, with no
more than 3 lanes; the drive-through areas shall be architecturally integrated with
the rest of the building. Any drive through facilities shall be oriented away from
the single-family homes to the north and west Wlless these homes are buffered by
an intervening building on the CPUD site.
F. Fences or walls may be constructed on the commercial side of the required
landscape buffer between adjacent commercial and residential uses. If
constructed, such fences or walls shall not exceed five (5) feet in height. Walls
shall be constructed of brick or stone. Fences shall be of wood or concrete post or
rail types, and shall be of open design (not covered by slats, boards or wire).
G. A functional public open-space component shall be provided. Such public open
spaces shall be developed as green space within a pedestrian-accessible courtyard,
as per Section 5.05.08 C.9.dj of the Collier County Land Development Code, as
in effect at the time of PUD approval.
H. All lighting facilities shall be architecturally-designed, and shall be limited to a
height of twenty-five (25) feet. Such lighting facilities shall be shielded from
neighboring residential land uses.
2. BUFFERING AND ENVIRONMENTAL
A. A 25-foot wide landscape buffer shall be provided abutting the external right-of-
way. This buffcr shall contain two staggered rows of trees that shall be spaced no
more than 30 feet on center, and a double row hedge at least 24 inches in height at
the time of planting and attaining a minimum of three feet height within one year.
A minimum of 50% of the 25-foot wide buffer area shall be comprised of a
meandering bed of shrubs and ground covers other than grass. Existing native
tress must be retained within this 25-foot wide buffer area to aid in achieving this
buffer requirement; other existing native vegetation shall be retained, where
possiblc, to aid in achieving this buffer requirement. Water retention/detention
areas shall be allowed in this buffer area if left in natural state, and drainage
conveyance through the buffer area shall be allowed in necessary to reach an
external outfall.
B. Projects directly abutting residential property (property zoned E-Estates and
without an approved conditional use) shall provide, at a minimum, a seventy-five
(75) feet wide buffer in which no parking uses are permitted. Twenty-five (25)
feet of the width of the buffer along the developed area shall be a landscape
buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained
native vegetation and must be consistent with subsection 3.05.07 H. of the Collier
County Land Development Code (LDC). The native vegetation retention area
may consist of a perimeter berm and be used for water management dctention.
Any newly constructed berm shall be re-vegetated to meet subsection 3.05.07 H.
II
Fak~lh;;Hclwe Pbza CPUD
J~cvjsed; l.kt'cmIwI.' B, 2009
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1 7 B ,.
of the LDC (native vegetation replanting requirements). Additionally, in order to
be considered for approval, use of the native vegetation retention area for water
management purposes shall meet the following criteria:
a. There shall be no adverse impacts to the native vegetation being
retained. The additional water directed to this area shall not
increase the annual hydro-period unless it is proven that such
would have no adverse impact to the existing vegetation.
b. If the project requires permitting by the South Florida Water
Management District, the project shall provide a letter or official
document from the District indicating that the native vegetation
within the retention area will not have to be removed to comply
with water management requirements. If the District cannot or will
not supply such a letter, then the native vegetation retention area
shall not be used for water management.
c. If the project is reviewed by Collier County, the County engineer
shall provide evidence that no removal of native vegetation is
necessary to facilitate the necessary storage of water in the water
management area.
C. Along the Western side of the project a 5 foot fence or wall shall be constructed to
buffer the adjacent residential property. The fence or wall shall be located within the
required 25 foot landscape bufTer. To accommodate thc fence or wall along the length
of the western property line, the access drive to Golden Gate Blvd. shall be no closer
than 10 feet from the western property line. Adjacent to the access drive, a minimum
Type 'A' buffer shall be installed on the residential side of the fence or wall.
2. TRANSPORTATION
A. Driveways shall align with driveway access on opposing parcels, except when the
roadway median between the two parcels has no opening, or does not provide for
a through movement.
12
FakaJldtchcc Plaza CPUD
R(~visL;d: December H, 2009
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!~\':viscd: DeU:.'lnbt't' H, 2009
EXHIBIT C
MASTER PLAN
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13
EXHIBIT D
LEGAL DESCRIPTION
SECTION: 6, TOWNSHIP: 49 SOUTH. RANGE: 28 EAST
TRACT 128, GOLDEN GATE ESTATES UNIT NO. 76
AS RECORDED IN PLAT BOOK 5, PAGES 13 AND 14
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
THE ABOVE DESCRIBES AN AREA OF APPROXIMA TEL Y
238,800 SQUARE FEET OR 5.46 ACRES OF LAND
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
14
Fakahatchec Plaza CPUD
kcviscd: Decernher n. L~009
178
17B
EXHIBIT E
DEVELOPER COMMITMENTS
1. PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
2. ENVIRONMENTAL
1. The minimum native preservation requirement shall be 0.39 acres
(3.93 acres x 10% = 0.39 acres to be preserved).
ii. The subject property is located within the ST - WI well field zone.
The storage and use of hazardous materials shall be strictly
prohibited.
3. TRANSPORTATION
A. The property owner within 30 days of the approval of this rezone shall convey to
Collier County lands described in Exhibit C attached hereto. The property owner
shall be entitled to receive cash compensation or Transportation impact tee credits
from Collier County not to exceed $30,000. The form of compensation shall be at
the discretion of Collier County. Cash compensation or written confirmation of
impact fee credit shall be issued by the County within] 80 days of the acceptance
of lands described in Exhibit C. Said conveyance and acceptance by Collier
County of the described lands incorporates the following supporting points:
i.) This conveyance positively addressed the potential for incongruity as
stated in the Future Land Use Element under D. Special bsues which
references the importance of reserving adequate right-of-way at the time
of zoning. This conveyance ensures available right-ot:way for planned
capacity improvements at the intersection of Everglades Boulevard and
Golden Gate Boulevard to accommodate a four-lane Everglades
Boulevard and six-lane Golden Gate Boulevard. (Any future right of way
taking(s) at this location shall be recognized as a separate action and shall
not be subject to the limitations of this document.)
ii.) The value of the lands conveyed is recognized to be in excess of the
compensation by cash or impact fee credit. Such value is required to
provide adequate mitigation for future transportation impacts resulting
from the project, limited to the land uses and intensity provided for in this
rezone and the accompanying TIS dated September 2009. This mitigation
satisfies consistency requirements of Policy 5. I of the Transportation
Element of the Growth Management Plan for the density/intensity
proposed by this zoning change.
IS
Fak:lbatclwl: Pla:~<l cpun
Revised: ])cCl.'rnbcr 8, 2009
17B
iii.) All compensating right of way required in accordance with Section
6.06.01.H.3 of the Land Development Code (as amended) is included in
the lands described in Exhibit C. No additional compensating right of way
will be required at the time of Development Order application. The
acreage of this compensating right of way shall not be creditable towards
impact fee credits, and shall not be compensated by the County.
iv.) Developer shall convey the parcel described in Exhibit C (the "Parcel") to
County in fee simple, free and clear of all liens and encumbrances.
Developer will provide the Office of the County Attorney with the
executed statutory warranty deed, suitable for recording, within ninety
(90) days of the County's request for conveyance. Upon receipt, the
County shall record the statutory warranty deed in the Public Records of
the County. All costs of recording and conveyance shall be paid by
Developer. County will be responsible for paying the costs of any title
work and searches, and Developer shall be responsible for all costs for
promptly removing or curing any liens, encumbrances or deficiencies
revealed in any title work. If required by the County Attorney, Developer
will promptly provide either an attorney's opinion, or a corporate affidavit,
identifying the record owner of this parcel, setting forth the authority of
the record owner to enter into this Agreement, and identifying any lien
holders having a lien or encumbrance on this parcel. The opinion or
affidavit will specifically describe each of the recorded instruments under
which the record owner holds title, each lien or encumbrance, and cite
appropriate recording information and incorporate by reference a copy of
all such referenced instruments.
B. The total combination of allowable land uses on this site shall not be allowed to
exceed the maximum trip generation for the proposed uses stated in the
September 2009 Traffic Impact Study (134 PM Peak Hour, two-way trips). Staff
reserves the ability to limit square footage or the number of units during any
subsequent development order based on the trip generation limit. Any future
occupant change that increases trip generation per ITE trip generation guidelines
will require Transportation review and may not be allowed, if the total proposed
trips exceed the maximum impact listed in this condition.
3. UTILITIES
The project shall utilize well and septic systems until central water and sewer are
available.
!.'Jkdll,ltchce !J!a7d CPlJD
ReVl.;ed: Dt'Cl'mber OJ 2009
16
4. LIGHTING
A. If a streetlight or an area light is required, it shall be of the type specified to
protect neighboring properties from direct glare. Area lighting shall be shielded
such that direct rays do not pass property lines.
i.) Where required, the street lamp shall be of the high pressure sodium type
and be a "cobra head with flat bottom" style or be fully shielded so that
light is directed only downward.
iL) Parking lot lamps shall be low-pressure sodium type lamps or as specified
in item iii) below and shall be mounted so that they point downward
without direct rays extending past the parking lot, building entrance,
walkway, or other area intended to be illuminated. Lighting design shall
be such that light intrusion into the native vegetation areas adjacent to
residential lots is minimized.
iii.) Exterior lighting shall be limited as follows to decrease the ambient light
intrusion on adjacent properties and the Estates in general:
I. All outside lights shall be limited to 250 watts HID or lumens
equivalent except for code required life/safety lighting such as exit
signs, stairwell and landing lighting, etc.
11. All exterior lamps must be full shielded.
iii. All landscape lighting must be fully shielded and no landscape up-
lighting shall be permitted.
5. OTHER
Hours of operation for all uses with the exception of Public Order and Safety
Facilities shall be limited to 6am to lOpm.
r,'<lklhatciwe PlaDl (pun
Revist:d: Decem.her 8,2009
17
17 B 1ft
Patricia L. Morgan
From:
Sent:
To:
Subject:
RamirezHeather [HeatherRamirez@colliergov.net)
Thursday, December 10, 2009 1 :04 PM
Minutes and Records
RE: PUDZ-2007-AR-11398 Legal Ad
l-?B
Yes please this way I know that you'll get them. His number is 252-4237 or you can emaiJ him.
Ilcatber L. Ramirez
Planning'rcchnician
"~
, ,
cOlff~r County
_,__,,'~"'~,_,_"'__ _. 0-
From: Teresa L. Polaski [mailto:Teresa,Polaski@collierclerk.com] On Behalf Of Minutes and Records
Sent: Thursday, December 10, 2009 1:07 PM
To: RamirezHeather
Subject: RE: PUDZ-2007-AR-11398 Legal Ad
Should I contact him on Monday since you will be gone?
Teresa L Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(Teresa .Po las ki@eollierelerk.com)
From: RamirezHeather [mailto:HeatherRamirez@colliergov.net]
Sent: Thursday, December 10, 2009 12:54 PM
To: Minutes and Records
Subject: RE: PUDZ-2007-AR-11398 Legal Ad
.I]) is out until Monday. I do not have them.
I leather I.. Ramirez
Planning'rcchnician
..::!Ir
'i.a..
, ,
~
eotttr COImty
...--- ......--'~..--.__H
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] On Behalf Of Minutes and Records
Sent: Thursday, December 10, 2009 11:26 AM
To: RamirezHeather
Subject: RE: PUDZ-2007-AR-11398 Legal Ad
17B
Hi Heather,
Can I get a copy of the exhibits that the ordinance references for this ad. Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(Teresa. Po laski@colliercjerk.com)
From: RamirezHeather [mailto:HeatherRamirez@colliergov.net]
Sent: Thursday, December 10, 2009 9:35 AM
To: Minutes and Records
Cc: MossJohndavid; Smith, Glenda
Subject: PUDZ-2007-AR-11398 Legal Ad
Here is ad 4 of 4.
JD, Please send the attachments to Ann at the clerk's office ASAP. Thanks'
Heather L. Ramire, ~.
Planning Technician
Zoning & Land Development Review
2800 N. Horseshoe Drive
Naples. FL 34104
(239)252-2930
::'-'01
CollIer c.mnty
_~^0~.""_ _.,. ,.'""~.~.._.~...~.._"
Under Florida Low, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1 7 B f.
-------,,~--~~"'~_."._._,---"--_._., .
178
ORDINANCE NO. lO-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY. fLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION Of THE
HEREIN DESCRIBED REAL PROPERTY FROM AN
ESTATES (E) ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) ZONING DISTRICT TO BE KNOWN AS THE
FAKAHATCHEE PLAZA CPUD. THE PROPERTY IS
LOCATED AT THE NORTHWEST CORNER Of
GOLDEN GA TE BOULEVARD (CR 876) AND
EVERGLADES BOULEVARD, [N SECTION 6,
TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA CONSISTING Of 5.46+/- ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Shoesop
Properties, LLC, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 6,
Township 49 South, Range 28 East, Collier County, Florida, is changed from an Estates (E)
Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District to be
known as the Fakahatchee Plaza CPUD in accordance with Exhibits A through E, attached
Pakahatchee Plaza CPUD, AR-11398
Rev. 12/21/09
Page 1 of2
B
hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as
described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon tlling 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
,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Chairman
, Deputy Clerk
Approved as to form
and legal suftlciency:
Steven T. Williams
Assistant County Attorney
12..1-1.4'1
s-(...J
Exhibit A - Pernlitted Uses
Exhibit B - Commercial Development Standards
Exhibit C - Master Concept Plan
Exhibit D - Legal Description
Exhibit E - Developer Commitments
CP\07-CPS.00634\62
Fakahatchee Plaza CPUD, AR-11398
Rev. 12/21/09
Page 2 of2
. "~.'-.'''---'--_._'-"''-''--''._'>''~'~
178
EXHIBIT A
PERMITTED USES
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:
PRINCIPAL USES:
1. Accident and Health Insurance (Group 6321).
2. Accounting, auditing and bookkeeping services (Group 8721).
3. Adjustment and Collection Services (Group 7322).
4. Administration of Educational Programs (Group 9411).
5. Administration of General Economic Programs (Group 9611).
6. Administration of Housing Programs (Group 9531).
7. Administration of Public Health Programs (Group 9431).
8. Administration of Social, Human Resource and Income Maintenance
Programs (Group 9441).
9. Administration of Urban PI arming and Community and Rural
Development (Group 9532).
10. Administration of Veterans' Affairs, Except Health and Insurance (Group
9451).
11. Advertising Agencies (Group 7311).
12. Air and Water Resource and Solid Waste Management (Group 9511).
13. Architectural Services (Group 8712).
14. Auto and home supply stores (Group 5531).
15. Automotive services (Group 7549), except any wrecker (towing) service.
16. Barber shops (Group 7241), except barber schools,
17. Beauty shops (Group 7231), except beauty schools.
18. Book Stores (Group 5942).
Fakahatchee Plaza CPUD
Revised; December 1B, 2009
~-_...~.~-"_._...,."_.~--,,...........--....,-~...._,...-.__.~_..,---,,_.~~~
178
19. Business Associations (Group 8611).
20. Business Consulting Services (Group 8748).
21. Business Services, Not Elsewhere Classified (Group 7389). except
auctioneering services, automobile recovery services, automobile
repossession services, batik work (hand-printing on textiles), bottle
exchanges, bronzing, cloth cuttingfbolting or winding, contractors'
disbursement control, assembling lUld packaging of cosmetic kits, cotton
inspection service, collon sampler service, telephone directories'
distribution, drive-away automobile service, exhibit building, filling
(aerosol) pressure containers, field warehousing, fire extinguisher service,
float decoration, folding and refolding service, gas system conversion,
bottle or can labeling, merchandise liquidation services, metal slitting and
shearing, packaging and labeling, patrol of electric transmission or gas
lines, pipeline and power-line inspection service, press clipping service,
recording studios, repossession service, rug binding, salvaging of damaged
merchandise, scrap steel cutting and slitting, shrinking textiles, solvent
recovery service, sponging textiles, swinuning pool cleaning and
maintenance, tape slilling, textile designers, textile folding, tobacco
sheeting service, window trimming service, and yacht brokers.
22. Camera and Photographic Supply Stores (Group 5946).
23. Candy, Nut, and Confectionery Stores (Group 5441).
24. Child day care services (Group 8351).
25. Children's and Infants' Wear Stores (Group 5641).
26. Civic, Social, and Fraternal Associations (Group 8641).
27. Coin-Operated Laundries and Dry-cleaning (Group 7215).
28. Commercial Art and Graphic Design (Group 7336).
29. Commercial Photography (Group 7335)
30. Commodity Contracts Brokers and Dealers (Group 6221).
31. Computer and Computer Software Stores (Group 5734)
32. Computer Facilities Management Systems (C'.1I'OUp 7376).
33. Computer Integrated Systems Design (Group 7373).
2
Fakaha.tchee Pla'l.a CPUD
Revised: December 18,2009
178
34. Computer Maintenance and Repair (Group 7378).
35. Computer Processing and Data Preparation and Processing Services
(Group 7374).
36. Computer Programming Services (Group 7371).
37. Computer Related Services, Not Elsewhere Classified (Group 7379).
38. Computer Rental and Leasing (Group 7377).
39. Credit Reporting Services (Group 7323).
40. Dairy Products Stores (Group 5451).
41. Direct Mail Advertising Services (Group 7331).
42. Direct Selling Establislunents (Group 5963).
43. Drapery, Curtain, And Upholstery Stores (Group 5714).
44. Drug Stores and Proprietary Stores (Group 5912).
45. Dry-cleaning Plants, Except Rug Cleaning (Group 7216), non-industrial
dry cleaning only.
46. Eating places (Group 5812 only) with 6,000 square feet or less in gross
floor area in the principal structure (All establislunents engaged in the
retail sale of alcoholic beverages for on-premise consumption are subject
to locational requirements of the Land Development Code).
47. Electrical and Electronic Repair Shops (Group 7629).
48. Employment Agencies (Group 7361).
49. Engineering Services (Group 8711).
50. Executive and Legislative Offices Combined (Group 9131).
51. Executive Offices (Group 91 11).
52. Family Clothing Stores (Group 5651).
53. Federal and Federally-Sponsored Credit Agencies (Group 6111).
54. Fire, Marine, and Casualty Insurance (Group 6331).
3
Fakahatchee Pla,.a CPUD
Revised: December 18, 2009
178
55. Floor Covering Stores (Group 5713).
56. Florists (Group 5992), not to exceed 5,000 square feet.
57. Fruit and Vegetable Markets (Group 5431).
58. Furniture Stores (Group 5712).
59. Garment Pressing, and Agents for Laundries and Drycleaners (Group
7212).
60. General Government (Group 9199).
61. General merchandise stores (Group 5399).
62. Gift, Novelty, and Souvenir Shops (Group 5947).
63. Grocery Stores (Group 5411), Convenience Markets will only be
permitted to operate at a maximum of 16 hours per day subject to LUC
852 of the ITE, Seventh Edition, Volume 300.
64. Hardware stores (Group 5251).
65. Help Supply Services (Group 7363).
66. Hobby, Toy, and Game Shops (Group 5945).
67. Home Health Care Services (Group 8082).
68. Hospital and Medical Service Plans (Group 6324).
69. Household Appliance Stores (Group 5722).
70. Individual and Family Social Services (Group 8322), elderly or
handicapped activity centers, adult day care centers, and adult and
handicapped day care centers only.
71. Information Retrieval Services (Group 7375).
72. Insurance Agents, Brokers, and Service (Group 6411).
73. Insurance Carriers (Group 6399).
74. Investment Advice (Group 6282).
75. Jewelry Stores (Group 5944).
4
Fakaharchee Plaza CPUD
Revised: December 18. 2009
17B
76. Labor Unions and Similar Labor Organizations (Group 8631).
77. Land, Mineral, Wildlife, and Forest Conservation (Group 9512).
78. Landscape Counseling and Planning (Group 0781).
79. Legal services (Group 8111).
80. Legislative Bodies (Group 9121).
81. Life Insurance (Group 6311).
82. Loan Brokers (Group 6163).
83. Luggage and Leather Goods Stores (Group 5948).
84. Management Consulting Scrvices (Group 8742).
85. Management Services (Group 8741).
86. Meat and Fish (Seafood) Markets, Including Freezer Provisioners (Group
5421).
87. Membership Organizations (Group 8699).
88. Men's and Boys' Clothing and Accessory Stores (Group 5611).
89. Miscellaneous Apparel and Accessory Stores (Group 5699).
90. Miscellaneous business Credit Institutions (Group 6159).
91. Miscellaneous Food Stores (Group 5499).
92. Miscellaneous Home Furnishings Stores (Group 5719).
93. Miscellaneous Personal Services (Group 7299), babysitting bureaus,
clothing rental, costume rental, dating service, depilatory salons, diet
workshops, dress suit rental, electrolysis, genealogical investigation
service, and hair removal only.
94. Miscellaneous Retail Stores (Group 5999), not to exceed 5,000 square feet
and no adult-oriented businesses.
95. Mortgage Bankers and Loan Correspondents (Group 6162).
96. Museums and art galleries (Group 8412).
5
Fakahat.chee Plaza CPUD
Revised: December 18, Z009
178
97. Musical Instrument Stores (Group 5736).
98. News Dealers and Newsstands (Group 5994), not to exceed 5,000 square
feet.
99. Offices and Clinics and Doctors of Osteopathy (Group 8031).
100. Offices and Clinics of Chiropractors (Group 8041).
101. Ofiices and Clinics of Dentists (Group 8021).
] 02. Offices and Clinics of Doctors of Medicine (Group 80] 1).
103. Offices and Clinics of Health and Practitioners, Not Elsewhere Classified
(Group 8049).
104. Offices and Clinics of Optometrists (Group 8042).
105. Offices and Clinics of Podiatrists (Group 8043).
106. Optical Goods Stores (Group 5995), not to exceed 5,000 square feet.
]07. Paint, glass and wallpaper stores (Group 5231).
108. Pension, Health, and Welfare Funds (Group 6371).
109. Personal Credit Institutions (Group 6141).
110. Photocopying and Duplicating Services (Group 7334).
Ill. Photofinishing Laboratories (Group 7384).
112. Photographic studios (Group 7221).
113. Physical fitness facilities (Group 7991).
] 14. Political Organizations (Group 8651).
115. Prepackaged Software (Group 7372).
116. Professional Membership Organizations (Group 862]).
117. Public Finance, Taxation, and Monetary Policy (Group 9311).
118. Public Order and Safety, Not Elsewhere Classified (Group 9229).
6
Fakahatchee Plaza CrUD
Revised: December 18, 2009
178
119. Public Relations Services (Group 8743).
120. Radio, Television and Consumer Electronics Stores (Group 5731).
121. Rea! Estate Agents and Managers (Group 6531).
122. Record and Prerecorded Tape Stores (Group 5735).
123. Regulation and Administration of Communications, Electric, Gas, and
Other Utilities (Group 9631).
124. Regulation and Administration of Transportation Programs (Group 9621).
125. Regulation of Agricultural Marketing and Commodities (Group 9641).
126. Regulation, Licensing, and Inspection of Miscellaneous Commercial
Sectors (Group 9651).
127. Religious Organizations (Group 8661).
128. Retail Bakeries (Group 5461).
129. Retail nurseries, lawn and garden supply stores (Group 5261).
130. Secretarial and Court Reporting Services (Group 7338).
131. Security and Commodity Exchanges (Group 6231).
132. Security Brokers, Dealers, and Flotation Companies (Group 6211).
133. Services Allied With the Exchange of Securities or Commodities (Group
6289).
134. Sewing, Needlework, and Piece Goods Stores (Group 5949).
135. Shoe repair shops and shoeshine parlors (Group 7251).
136. Shoe Stores (Group 5661).
137. Short-Term Business Credit Institutions, Except Agricultural (Group
6153).
138. Space and Research and Technology (Group 9661).
139. Sporting Goods Stores and Bicycle Shops (Group 5941).
7
Fakohatchec Plaza CPUD
Revised: December 18, 2009
178'
140. Stationery Stores (Group 5943).
141. Surety Insurance (Group 6351).
142. Surveying Services (Group 8713).
143. Tax Return Preparation Services (Group 7291).
144. Title Abstract Offices (Group 6541).
145. Title Insurance (Group 6361).
146. Tobacco Stores and Stands (Group 5993), not to exceed 5,000 square feet.
147. Transportation services (Group 4724), travel agencies only.
148. United States Postal Service (Group 4311 except major distribution
centers).
149. Used Merchandise Stores (Group 5932).
150. Veterinary services (Groups 0742, 0752 excluding outside kenneling).
151. Videotape rental (Group 7841), limited to 1,800 square feet of gross floor
area and no adult-oriented businesses.
152. Watch, Clock, and Jewelry Repair (Group 7631).
153. Women's Accessory and Specialty Stores (Group 5632).
154. Women's Clothing Stores (Group 5621).
155. Any other principal use which is comparable in nature with the foregoing
list of pennitted principal uses, as detennined by the Board of Zoning
Appeals (BZA) by the process outlined in the LDC.
CONDITIONAL USES:
The following uses are pennissible as conditional uses, subject to the standards and
procedures established in the LDC:
I. Churches and places of worship.
8
Fakahat.chee Plaza CPUD
Revised: December 18, 2009
178
PROHIBITED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for the following:
I. Correctional institutions (Group 9223).
2. Crematories (Group 7261) (Does not include non- crematory Funeral
Parlors).
3. Drinking places (5813) and Liquor stores (Group 5921).
4. Elementary and secondary schools (Group 8211), colleges (Group 8221),
junior colleges (Group 8222).
5. General hospitals (Group 8062), psychiatric hospitals (Group 8063), and
specialty hospitals (Group 8069).
6. Homeless shelters and soup kitchens (Group 8361).
7. Libraries (Group 8231).
8. Mail order houses (Group 5961).
9. Merchandising machine operators (Group 5962).
10. NEC Recreational Shooting Ranges, waterslides, etc. (Group 7999)
11. Power laundries (Group 7211).
12. Radio, TV representatives (Group 7313) and direct mail advertising
services (Group 7331).
13. Waste management (Group 9511).
14. Fast Food Restaurants with Drive Thru
15. Gas Stations
9
Fakahatchee Plaza CrUD
Revised: Decenlbcr tB. 2009
178
EXHIBIT B
COMMERCIAL DEVELOPMENT STANDARDS
;;;:':':,I'~CIPALUSeSi
10,000 square feet
MINIMUM LOT AREA
MINIMUM LOT WIDTH
100 feet
Front
Rear
N/A 115 feet
Side
I S feet 17.5 feet
MAXIMUM HEIGHT
The greater of I S feet or \I, the
sum of
zoned buildin hei t
zoned: I story and 3S feet
actual: I story and 47 feet
MIN. DISTANCE BETWEEN
STRUCTURES
MINIMUM FLOOR AREA
700 square feet
MAXIMUM BUILDING AREA
GENERAL: Except as providedfor herein. all criteria setforth above shall be understood
to be in relation to individual parcel or lot boundary lines, or between structures.
1. ARCHITECTURAL
A. All buildings and projects within the PUD shall utilize a common architectural
theme. This theme shall be applicable to both building design and signage.
B. All buildings shall have tile roofs or "Old Style Florida" metal roofs. The
buildings shall have an "Old Florida" architectural style and be finished in light,
subdued colors, except for decorative trim.
Co Pedestrian traffic shall be encouraged through the placement of sidewalks,
pedestrian walkways, and marked crosswalks within parking areas. Adjacent
projects shall coordinate placement of sidewalks so that a continuous pathway
through the Neighborhood Center is created,
D. Adjacent buildings within the Fakahatchee Plaza CPUD shall be connected with
walkways or courtyards.
10
Fabhatchee Plaza CPUD
Revised: December 18, 2009
17B
E. Drive-through establishments shall be limited to banks and drugstores, with no
more than 3 lanes; the drive-through areas shall be architecturally integrated with
the rest of the building. Any drive through facilities shall be oriented away from
the single-family homes to the north and west Imless these homes are buffered by
an intervening building on the CPUD site.
F. Fences or walls may be constructed on the commercial side of the required
landscape buffer between adjacent commercial and residential uses. If
constructed, such fences or walls shall not exceed five (5) feet in height. Walls
shall be constructed of brick or stone. Fences shall be of wood or concrete post or
rail types, and shall be of open design (not covered by slats, boards or wire).
G. A functional public open-space component shall be provided. Such public open
spaces shall be developed as green space within a pedestrian-accessible courtyard,
as per Section 5.05.08 C.9.d.i of the Collier COlmty Land Development Code, as
in effect at the time ofPUD approval.
H. All lighting facilities shall be architecturally-designed, and shall be limited to a
height of twenty-five (25) feet. Such lighting facilities shall be shielded from
neighboring residential land uses.
2. BUFFERING AND ENVIRONMENTAL
A. A 25-foot wide landscape buffer shall be provided abutting the external right-of-
way. This buffer shall contain two staggered rows of trees that shall be spaced no
more than 30 feet on center, and a double row hedge at least 24 inches in height at
the time of planting and attaining a minimum of three feet height within one year.
A minimum of 50% of the 25- foot wide buffer area shall be comprised of a
meandering bed of shrubs and ground covers other than grass. Existing native
tress must be retained within this 25- foot wide buffer area to aid in achieving this
buffer requirement; other existing native vegetation shall be retained, where
possible, to aid in achieving this buffer requirement. Water retention/detention
areas shall be allowed in this buffer area if left in natural state, and drainage
conveyance through the buffer area shall be allowed in necessary to reach an
external outfall.
B. Projects directly abutting residential property (property zoned E-Estatcs and
without an approved conditional use) shall provide, at a minimum, a seventy-five
(75) feet wide buffer in which no parking uses are permitted. Twenty-five (25)
feet of the width of the buffer along the developed area shall be a landscape
buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained
native vegetation and must be consistent with subsection 3.05.07 H. of the Collier
COlmty Land Development Code (LDC). The native vegetation retention area
may consist of a perimeter berm and be used for water management detention.
Any newly constructed berm shall be re-vegetated to meet subsection 3.05.07 H.
1)
Fakahatchee Plaza CPUD
Revised: December 18. 2009
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of the LDC (native vegetation replanting requirements). Additionally, in order to
be considered for approval, use of the native vegetation retention area for water
management purposes shall meet the following criteria:
a. There shall be no adverse impacts to the native vegetation being
retained. The additional water directed to this area shall not
increase the annual hydro-period unless it is proven that such
would have no adverse impact to the existing vegetation.
b. If the project requires permitting by the South Florida Water
Management District, the project shall provide a letter or official
document from the District indicating that the native vegetation
within the retention area will not have to be removed to comply
with water management requirements. If the District cannot or will
not supply such a letter, then the native vegetation retention area
shall not be used for water management.
c. If the project is reviewed by Collier County, the County engineer
shall provide evidence that no removal of native vegetation is
necessary to facilitate the necessary storage of water in the water
management area.
C. Along the Western side ofthe project a 5 foot fence or wall shall be constructed to
buffer the adjacent residential property. The fence or wall shall be located within the
required 25 foot landscape buffer. To accommodate the fence or wall along the length
of the western property line, the access drive to Golden Gate Blvd. shall be no closer
than 10 feet from the western property line. Adjacent to the access drive, a minimum
Type' A' buffer shall be installed on the residential side of the fence or wall.
2. TRANSPORTATION
A. Driveways shall align with driveway access on opposing parcels, except when the
roadway median between the two parcels has no opening, or does not provide for
a through movement.
12
Fakahatchee PI"za CPUD
Revlsed: December 18, 2009
178
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EXHIBIT D
LEGAL DESCRIPTION
SECTION: 6, TOWNSHIP: 49 SOUTH. RANGE: 28 EAST
TRACT 128, GOLDEN GATE ESTATES UNIT NO. 76
AS RECORDED IN PLAT BOOK 5, PAGES 13 AND 14
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORlDA
THE ABOVE DESCRIBES AN AREA OF APPROXIMA TEL Y
238,800 SQUARE FEET OR 5.46 ACRES OF LAND
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERV A nONS OF RECORD.
)4
Fak.hatchee Plaza crUD
Revised: December 18, 2009
'4 AI [J
1) r ~j
178
EXHIBIT E
DEVELOPER COMMITMENTS
1. PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
2. ENVIRONMENTAL
i. The minimum native preservation requirement shall be 0.39 acres
(3.93 acres x 10% = 0.39 acres to be preserved).
ii. The subject property is located within the ST-WI wellfield Zone.
The storage and use of hazardous materials shall be strictly
prohibited.
3. TRANSPORT A TION
A. The property owner within 30 days of the approval of this rezone shall convey to
Collier County lands described in Exhibit C attached hereto. The property owner
shall be entitled to receive cash compensation or Transportation impact fee credits
from Collier County not to exceed $30,000. The fonn of compensation shall be at
the discretion of Collier County. Cash compensation or written confirmation of
impact fee credit shall be issued by the County within 180 days of the acceptance
of lands described in Exhibit C. Said conveyance and acceptance by Collier
County of the described lands incorporates the following supporting pOinLq:
i.) This conveyance positively addressed the potential for incongruity as
stated in the Future Land Use Element under D. Special Issues which
references the importance of reserving adequate right-of-way at the time
of zoning. This conveyance ensures available right-of-way for planned
capacity improvements at the intersection of Everglades Boulevard and
Golden Gate Boulevard to accommodate a four-lane Everglades
Boulevard and six-lane Golden Gate Boulevard. (Any future right of way
taking(s) at this location shall be recognized as a separate action and shall
not be subject to the limitations of this document.)
iL) The value of the lands conveyed is recognized to be in excess of the
compensation by cash or impact fee credit. Such value is required to
provide adequate mitigation for future transportation impacts resulting
from the project, limited to the land uses and intensity provided for in this
rezone and the accompanying TIS dated September 2009. This mitigation
satisfies consistency requirements of Policy 5.1 of the Transportation
Element of the Growth Management Plan for the density/intensity
proposed by this zoning change.
15
Fak"hatchee Plaza CPUD
Revised: December 18, 2009
178
iii.) All compensating right of way required in accordance with Section
6.06.01.H.3 of the Land Development Code (as amended) is included in
the lands described in Exhibit C. No additional compensating right of way
will be required at the time of Development Order application. The
acreage of this compensating right of way shall not be creditable towards
impact fee credits, and shall not be compensated by the County.
iv.) Developer shall convey the parcel described in Exhibit C (the "Parcel") to
County in fee simple, free and clear of all liens and encumbrances.
Developer will provide the Office of the County Attorney with the
executed statutory warranty deed, suitable for recording, within ninety
(90) days of the County's request for conveyance. Upon receipt, the
County shall record the statutory warranty deed in the Public Records of
the County. All costs of recording and conveyance shall be paid by
Developer. County will be responsible for paying the costs of any title
work and searches, and Developer shall be responsible for all costs for
promptly removing or curing any liens, encumbrances or deficiencies
revealed in any title work. If required by the County Attorney, Developer
will promptly provide either an attorney's opinion, or a corporate affidavit,
identifying the record owner of this parcel, setting forth the authority of
the record owner to enter into this Agreement, and identifying any lien
holders having a lien or encumbrance on this parcel. The opinion or
affidavit will specifically describe each of the recorded instruments under
which tile record owner holds title, each lien or encumbrance, and cite
appropriate recording information and incorporate by reference a copy of
all such referenced instruments.
B. The total combination of allowable land uses on this site shall not be allowed to
exceed the maximum trip generation for the proposed uses stated in the
September 2009 Traffic Impact Study (134 PM Peak I-lour, two-way trips). Staff
reserves the ability to limit squarc footage or the number of units during any
subsequent development order based on the trip generation limit. Any future
occupant change that increases trip generation' per ITE trip generation guidelines
will require Transportation review and may not be allowed, if the total proposed
trips exceed the maximum impact listed in this condition.
3. UTILITIES
TIle project shall utilize well and septic systems until central water and sewer are
available.
16
Fakahatchee Pl.za CPUD
Revised: December 18. 2009
-1
17B
4. LIGHTING
A. If a streetlight or an area light is required, it shall be of the type specified to
protect neighboring properties from direct glare. Area lighting shall be shielded
such that direct rays do not pass property lines.
I. Where required, the street lamp shall be of the high pressure
sodium type and be a "cobra head with flat bottom" style or be
fully shielded so that light is directed only downward.
2. Parking lot lamps shall be low-pressure sodium type lamps or as
specified in item iii) below and shall be mOlUlted so that they point
downward without direct rays extending past the parking lot,
building entrance, walkway, or other area intended to be
illuminated. Lighting design shall be such that light intrusion into
the native vegetation areas adjacent to residential lots is
minimized.
3. Exterior lighting shall be limited as follows to decrease the
ambient light intrusion on adjacent properties and the Estates in
general:
i. All outside lights shall be limited to 250 watts HID or lumens
equivalent except for code required life/safety lighting such as exit
signs, stairwell and landing lighting, etc.
Il. All exterior lamps must be full shielded.
iii. All landscape lighting must be fully shielded and no landscape up-
lighting shall be permitted.
5. OTHER
Hours of operation for all uses with the exception of Public Order and Safety
Facilities shall be limited to 6am to lOpm.
17
Fakahat.chee Plaza CPUD
Revised: December 18,2009
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From:
Sent:
To:
Cc:
Subject:
MossJohndavid
Friday, December 18, 20094:43 PM
WilliamsSteven
bonham_9
Fakahatchee Plaza CPUD
Steve,
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Incorporated are the changes noted at yesterdays' consent hearing. Please review and approve.
fakah.pdf
Hope you have a nice weekend. It's finally supposed to feel like December temperatures!
JD
Under r10nda Law, e.mall addressp-s are publk.: records, If you do nol want yOur ",.m.,il address released in response to a publiC records request. do not sond
electronic mail [0 thi5 entity Ins lead. contact this offi(:(J tJy lalephone or in writing.
178
ORDINANCE NO. lO-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN
ESTATES (E) ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) ZONING DISTRICT TO BE KNOWN AS THE
fAKAHATCHEE PLAZA CPUD. THE PROPERTY IS
LOCA TED AT THE NORTHWEST CORNER OF
GOLDEN GATE BOULEVARD (CR 876) AND
EVERGLADES BOULEVARD, IN SECTION 6,
TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 5.46+/- ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Shoesop
Properties, LLC, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property locatcd in Section 6,
Township 49 South, Range 28 East, Collier County, Florida, is changed from an Estates (E)
Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District to be
known as the Fakahatchee Plaza CPUD in accordance with Exhibits A through E, attached
Fakahatchee Plaza CPUD, AR-11398
Rev. 12/21109
Page I of2
178 'Ifl
t! .~
hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as
described in Ordinance Nwnber 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
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
,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
, Chairman
Approved as to form
and legal sufficiency:
Stcvcn T. Williams 12.'3.1.'"
Assistant County Attorncy $"""'"
Exhibit A - Permitted Uses
Exhibit B - Commercial Development Standards
Exhibit C - Master Concept Plan
Exhibit D - Legal Description
Exhibit E - Dcveloper Commitments
CP\07-CPS-00634\62
Fakahatchee Plaza CPUD, AR-11398
Rev. 12/21109
Page 2 of2
178
EXHIBIT A
PERMITTED USES
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:
PRINCIPAL USES:
1. Accident and Health Insurance (Group 6321).
2. Accounting, auditing and bookkeeping services (Group 8721).
3. Adjustment and Collection Services (Group 7322).
4. Administration of Educational Programs (Group 9411).
5. Administration of General Economic Programs (Group 9611).
6. Administration of Housing Programs (Group 9531).
7. Administration of Public Health Programs (Group 9431).
8. Administration of Social, Human Resource and Income Maintenance
Programs (Group 9441).
9. Administration of Urban Planning and Community and Rural
Development (Group 9532).
10. Administration of Veterans' Affairs, Except Health and Insurance (Group
9451).
II. Advertising Agencies (Group 7311).
12. Air and Water Resource and Solid Waste Management (Group 9511).
13. Architectural Services (Group 8712).
14. Auto and home supply stores (Group 5531).
15. Automotive services (Group 7549), except any wrecker (towing) service.
16. Barber shops (Group 7241), except barber schools.
17. Beauty shops (Group 7231), except beauty schools.
18. Book Stores (Group 5942).
Fakahatchee Plaza CPUD
Revised: December 18. 2009
1713
19. Business Associations (Group 8611).
20. Business Consulting Services (Group 8748).
21. Business Services, Not Elsewhere Classified (Group 7389), except
auctioneering services, automobile recovery services, automobile
repossession services, batik work (hand-printing on textiles), bottle
exchanges, bronzing, cloth cuttinglbolting or winding, contractors'
disbursement control, assembling and packaging of cosmetic kits, cotton
inspection service, cotton sanlpler service, telephone directories'
distribution, drive-away automobile service, exhibit building, filling
(aerosol) pressure containers, field warehousing, fire extinguisher service,
float decoration, folding and refolding service, gas system conversion,
bottle or can labeling, merchandise liquidation services, metal slitting and
shearing, packaging and labeling, patrol of electric transmission or gas
lines, pipeline and power-line inspection service, press clipping service,
recording studios, repossession service, rug binding, salvaging of damaged
merchandise, scrap steel cutting and slitting, shrinking textiles, solvent
recovery service, sponging textiles, swimming pool cleaning and
maintenance, tape slitting, textile designers, textile folding, tobacco
sheeting service, window trimming service, and yacht brokers.
22. Camera and Photographic Supply Stores (Group 5946).
23. Candy, Nut, and Confectionery Stores (Group 544]).
24. Child day care services (Group 8351).
25. Children's and Infants' Wear Stores (Group 5641).
26. Civic, Social, and Fraternal Associations (Group 8641).
27. Coin-Operated Laundries and Dry-cleaning (Group 7215).
28. Commercial Art and Graphic Design (Group 7336).
29. Commercial Photography (Group 7335)
30. Commodity Contracts Brokers and Dealers (Group 6221).
31. Computer and Computer Software Stores (Group 5734)
32. Computer Facilities Management Systems (Group 7376).
33. Computer Integrated Systems Design (Group 7373).
2
Fakahatchee Plaza CrUD
Revised; December 18, 2009
178
34. Computer Maintenance and Repair (Group 7378).
35. Computer Processing and Data Preparation and Processing Services
(Group 7374).
36. Computer Programming Services (Group 73 71).
37. Computer Related Services, Not Elsewhere Classified (Group 7379).
38. Computer Rental and Leasing (Group 7377).
39. Credit Reporting Services (Group 7323).
40. Dairy Products Stores (Group 5451).
41. Direct Mail Advertising Services (Group 7331).
42. Direct Selling Establishments (Group 5963).
43. Drapery, Curtain, And Upholstery Stores (Group 5714).
44. Drug Stores and Proprietary Stores (Group 5912).
45. Dry-cleaning Plants, Except Rug Cleaning (Group 7216), non-industrial
dry cleaning only.
46. Eating places (Group 5812 only) with 6,000 square feet or less in gross
floor area in the principal structure (All establishments engaged in the
retail sale of alcoholic beverages for on-premise consumption are subject
to Iocational requirements of the Land Development Code).
47. Electrical and Electronic Repair Shops (Group 7629).
48. Employment Agencies (Group 7361).
49. Engineering Services (Group 8711).
SO. Executive and Legislative Offices Combined (Group 9131).
51. Executive Offices (Group 91 J I).
52. Family Clothing Stores (Group 5651).
53. Federal and Federally-Sponsored Credit Agencies (Group 6111).
54. Fire, Marine, and Casualty Insurance (Group 6331).
3
Fak.hatchee Plaza CPUD
Revised: December 18, 2009
178 'ftl
55. Floor Covering Stores (Group 5713).
56. Florists (Group 5992), not to exceed 5,000 square feet.
57. Fruit and Vegetable Markets (Group 5431).
58. Furniture Stores (Group 5712).
59. Garment Pressing, and Agents for Laundries and Drycleaners (Group
7212).
60. General Goverrunent (Group 9199).
61. General merchandise stores (Group 5399).
62. Gift, Novelty, and Souvenir Shops (Group 5947).
63. Grocery Stores (Group 5411), Convenience Markets will only be
permitted to operate at a maximum of 16 hours per day subject to LUC
852 of the ITE, Seventh Edition, Volume 3 of3.
64. Hardware stores (Group 525]).
65. Help Supply Services (Group 7363).
66. Hobby, Toy, and Game Shops (Group 5945).
67. Home Health Care Services (Group 8082).
68. Hospital and Medical Service Plans (Group 6324).
69. Household Appliance Stores (Group 5722).
70. Individual and Family Social Services (Group 8322), elderly or
handicapped activity centers, adult day care centers, and adult and
handicapped day care centers only.
71. Infonnation Retrieval Services (Group 7375).
72. Insurance Agents, Brokers, and Service (Group 6411).
73. Insurance Carriers (Group 6399).
74. Investment Advice (Group 6282).
75. Jewelry Stores (Group 5944).
4
Fakahatchee Plaza CPUD
Revised: December 18, 2009
76. Labor Unions and Similar Labor Organizations (Group 8631).
77. Land, Mineral, Wildlife, and Forest Conservation (Group 9512).
78. Landscape Counseling and Planning (Group 0781).
79. Legal services (Group 81] I).
80. Legislative Bodies (Group 9121).
81. Life Insurance (Group 6311).
82. Loan Brokers (Group 6163).
83. Luggage and Leather Goods Stores (Group 5948).
84. Management Consulting Services (Group 8742).
85. Management Services (Group 8741).
86. Meat and Fish (Seafood) Markets, Including Freezer Provisioners (Group
5421).
87. Membership Organizations (Group 8699).
88. Men's and Boys' Clothing and Accessory Stores (Group 5611).
89. Miscellaneous Apparel and Accessory Stores (Group 5699).
90. Miscellaneous business Credit Institutions (Group 6159).
91. Miscellaneous Food Stores (Group 5499).
92. Miscellaneous Home Furnishings Stores (Group 5719).
93. Miscellaneous Personal Services (Group 7299), babysitting bureaus,
clothing rental, costume rental, dating service, depilatory salons, diet
workshops, dress suit rental, electrolysis, genealogical investigation
service, and hair removal only.
94. Miscellaneous Retail Stores (Group 5999), not to exceed 5,000 square feet
and no adult-oriented businesses.
95. Mortgage Bankers and Loan Correspondents (Group 6162).
96. Museums and art galleries (Group 8412).
5
Fa.hdl.t:<:hee Pia". CPUD
Revised: December 18, 2009
,?n
. T J!J
97. Musical Instrument Stores (Group 5736).
98. News Dealers and Newsstands (Group 5994), not to exceed 5,000 square
feet.
99. Offices and Clinics and Doctors of Osteopathy (Group 8031).
100. Offices and Clinics of Chiropractors (Group 8041).
101. Offices and Clinics of Dentists (Group 8021).
102. Offices and Clinics of Doctors of Medicine (Group 8011).
103. Offices and Clinics of Health and Practitioners, Not Elsewhere Classified
(Group 8049).
104. Offices and Clinics of Optometrists (Group 8042).
105. Offices and Clinics of Podiatrists (Group 8043).
106. Optical Goods Stores (Group 5995), not to exceed 5,000 square feet.
107. Paint, glass and wallpaper stores (Group 5231).
108. Pension, Health, and Welfare Funds (Group 6371).
109. Personal Credit Institutions (Group 6141).
110. Photocopying and Duplicating Services (Group 7334).
111. Photofinishing Laboratories (Group 7384).
112. Photographic studios (Group 7221).
113. Physical fitness facilities (Group 7991).
114. Political Organizations (Group 8651).
115. Prepackaged Software (Group 7372).
116. Professional Membership Organizations (Group 8621).
117. Public Finance, Taxation, and Monetary Policy (Group 9311).
118. Public Order and Safety, Not Elsewhere Classified (Group 9229).
6
F.kahatchcc Plaza CPUD
Revised: December 18. 2009
178
119. Public Relations Services (Group 8743).
120. Radio, Television and ConslU1Ier Electronics Stores (Group 5731).
121. Real Estate Agents and Managers (Group 6531).
122. Record and Prerecorded Tape Stores (Group 5735).
123. Regulation and Administration of Communications, Electric, Gas, and
Other Utilities (Group 9631).
124. Regulation and Administration of Transportation Programs (Group 9621).
125. Regulation of Agricultural Marketing and Commodities (Group 9641).
126. Regulation, Licensing, and Inspection of Miscellaneous Commercial
Sectors (Group 9651).
127. Religious Organizations (Group 8661).
128. Retail Bakeries (Group 5461).
129. Retail nurseries, lawn and garden supply stores (Group 5261).
130. Secretarial and Court Reporting Services (Group 7338).
131. Security and Commodity Exchanges (Group 6231).
132. Security Brokers, Dealers, and Flotation Companies (Group 6211).
133. Services Allied With the Exchange of Securities or Commodities (Group
6289).
134. Sewing, Needlework, and Piece Goods Stores (Group 5949).
135. Shoe repair shops and shoeshine parlors (Group 7251).
136. Shoe Stores (Group 5661).
137. Short-Term Business Credit Institutions, Except Agricultural (Group
6153).
138. Space and Research and Technology (Group 9661).
139. Sporting Goods Stores and Bicycle Shops (Group 5941).
7
Fakahatchee Plaza CPUD
Revised: December 18, 2009
178
140. Stationery Stores (Group 5943).
141. Surety Insurance (Group 6351).
142. Surveying Services (Group 8713).
143. Tax Return Preparation Services (Group 7291).
144. Title Abstract Offices (Group 6541).
145. Title Insurance (Group 6361).
146. Tobacco Stores and Stands (Group 5993), not to exceed 5,000 square feet.
147. Transportation services (Group 4724), travel agencies only.
148. United States Postal Service (Group 4311 except major distribution
centers).
149. Used Merchandise Stores (Group 5932).
150. Veterinary services (Groups 0742, 0752 excluding outside kenneling).
151. Videotape rental (Group 7841), limited to 1,800 square feet of gross floor
area and no adult-oriented businesses.
152. Watch, Clock, and Jewelry Repair (Group 7631).
153. Women's Accessory and Specialty Stores (Group 5632).
154. Women's Clothing Stores (Group 5621).
155. Any other principal use which is comparable in nature with the foregoing
list of permitted principal uses, as determined by the Board of Zoning
Appeals (BZA) by the process outlined in the LDC.
CONDITIONAL USES:
The following uses are permissible as conditional uses, subject to the standards and
procedures established in the LDC:
1. Churches and places of worship.
8
Fakahatchcc Plaza CPU D
Revised: December 18, 2009
1781;\1
PROHIBITED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for the following:
1. Correctional institutions (Group 9223).
2. Crematories (Group 7261) (Does not include non- crematory Funeral
Parlors).
3. Drinking places (5813) and Liquor stores (Group 5921).
4. Elementary and secondary schools (Group 8211), colIeges (Group 8221),
junior colIeges (Group 8222).
5. General hospitals (Group 8062), psychiatric hospitals (Group 8063), and
specialty hospitals (Group 8069).
6. Homeless shelters and soup kitchens (Group 8361).
7. Libraries (Group 8231).
8. Mail order houses (Group 5961).
9. Merchandising machine operators (Group 5962).
10. NEe Recreational Shooting Ranges, waterslides, ete. (Group 7999)
11. Power laundries (Group 7211).
12. Radio, TV representatives (Group 7313) and direct mail advertising
services (Group 7331).
13. Waste management (Group 9511).
14. Fast Food Restaurants with Drive Thru
15. Gas Stations
9
Fakahatchee Plaza CPUD
Revised: Decernber 18, 2009
17
EXIllBIT B
COMMERCIAL DEVELOPMENT STANDARDS
MINIMUM LOT AREA
. PRINCIPAL USES. .
10,000 square feet
MINIMUM LOT WIDTH
100 feet
Front
Rear
NIA 115 feet
Side
15 feet 17.5 feet
MAXIMUM HEIGHT
The greater of 15 feet or V, the
sum of
zoned buildin hei ht
zoned: 1 story and 35 feet
actual: 1 story and 47 feet
MIN. DISTANCE BETWEEN
STRUCTURES
MINIMUM FLOOR AREA
700 square feet
MAXIMUM BUILDING AREA
25,000 square-foot Gross Floor
Area (GFA foot rint
GENERAL: Except as providedfor herein, all criteria setforth above shall be understood
to be In relation to Individual parcel or lot boundary lines, or between structures.
1. ARCHITECTURAL
A. All buildings and projects within the PUD shall utilize a common architectural
theme. This theme shall be applicable to both building design and signage.
B. All buildings shall have tile roofs or "Old Style Florida" metal roofs. The
buildings shall have an "Old Florida" architectural style and be finished in light,
subdued colors, except for decorative trim.
C. Pedestrian traffic shall be encouraged through the placement of sidewalks,
pedestrian walkways, and marked crosswalks within parking areas. Adjacent
projects shall coordinate placement of sidewalks so that a continuous pathway
through the Neighborhood Center is created.
D. Adjacent buildings within the Fakahatchee Plaza CPUD shall be COllilected with
walkways or courtyards.
10
Fakahatchee Plaza CrUD
Revised: December 18, 2009
178 !
E. Drive-through establishments shall be limited to banks and drugstores, with no
more than 3 lanes; the drive-through areas shall be architecturally integrated with
the rest of the building. Any drive through facilities shall be oriented away from
the single-family homes to the north and west unless these homes are buffered by
an intervening building on the CPUD site.
F. Fences or walls may be constlUcted on the commercial side of the required
landscape buffer between adjacent commercial and residential uses. If
constructed, such fences or walls shall not exceed five (5) feet in height. Walls
shall be constructed of brick or stone. Fences shall be of wood or concrete post or
rail types, and shall be of open design (not covered by slats, boards or wire).
G. A functional public open-spaCe component shall be provided. Such public open
spaces shall be developed as green space within a pedestrian-accessible courtyard,
as per Section 5.05.08 C.9.d.i of the Collier County Land Development Code, as
in effect at the time of PUD approval.
H. All lighting facilities shall be architecturally-designed, and shall be limited to a
height of twenty-five (25) feet. Such lighting facilities shall be shielded from
neighboring residential land uses.
2. BUFFERING AND ENVIRONMENTAL
A. A 25-foot wide landscape buffer shall be provided abutting the extemal right-of-
way. 111is buffer shall cOlltain two staggered rows of trees that shall be spaced no
more than 30 feet on center, and a double row hedge at least 24 inches in height at
the time of planting and attaining a minimum of three feet height within one year.
A minimum of 50% of the 25-foot wide buffer area shall be comprised of a
meandering bed of shrubs and ground covers other than grass. Existing native
tress must be retained within this 25-foot wide buffer area to aid in achieving this
buffer requirement; other existing native vegetation shall be retained, where
possible, to aid in achieving this buffer requirement. Water retention/detention
areas shall be allowed in this buffer area if left in natural state, and drainage
conveyance through the buffer area shall be allowed in necessary to reach an
external outfall.
B. Projects directly abutting residential property (property zoned E-Estates and
without an approved conditional use) shall provide, at a minimum, a seventy-five
(75) feet wide buffer in which no parking uses are permitted. Twenty-five (25)
feet of the width of the buffer along tile developed area shall be a landscape
buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained
native vegetation and must be consistent with subsection 3.05.07 H. of the Collier
County Land Development Code (LDC). The native vegetation retention area
may consist of a perimeter berm and be used for water management detention.
Any newly constructed berm shall be re-vegetated to meet subsection 3.05.07 H.
II
Fakahatchee Plaza CPUD
Revised: December 18, 2009
178
of the LDC (native vegetation replanting requirements). Additionally, in order to
be considered for approval, use of the native vegetation retention area for water
management purposes shall meet the following criteria:
a. There shall be no adverSe impacts to the native vegetation being
retained. The additional water directed to this area shall not
increase the annual hydro-period unless it is proven that such
would have no adverse impact to the existing vegetation.
b. If the project requires permitting by the South Florida Water
Management District, the project shall provide a letter or official
document from the District indicating that the native vegetation
within the retention area will not have to be removed to comply
with water management requirements. If the District cannot or will
not supply such a letter, then the native vegetation retention area
shall not be used for water management.
c. If the project is reviewed by Collier County, the County engineer
shall provide evidence that no removal of native vegetation is
necessary to facilitate the necessary storage of water in the water
management area.
C. Along the Western side of the project a 5 foot fence or wall shall be constructed to
buffer the adjacent residential property. The fence or wall shall be located within the
required 25 foot landscape buffer. To accol1U1lOdate the fence or wall along the length
of the western property line, the access drive to Golden Gate Blvd. shall be no closer
than 10 feet from the western property line. Adjacent to the access drive, a minimum
Type' A' buffer shall be installed on the residential side of the fence or wall.
2. TRANSPORTATION
A. Driveways shall align with driveway access on opposing parcels, except when the
roadway median between the two parcels has no opening, or does not provide for
a through movement.
12
Fakahatchee Plaza CPUD
Revised: December 18. 2009
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178
EXlDBIT D
LEGAL DESCRIPTION
SECTION: 6, TOWNSHIP: 49 SOUTH. RANGE: 28 EAST
TRACT 128, GOLDEN GATE ESTATES UNIT NO. 76
AS RECORDED IN PLAT BOOK 5, PAGES 13 AND 14
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
THE ABOVE DESCRIBES AN AREA OF APPROXlMA TEL Y
238,800 SQUARE FEET OR 5.46 ACRES OF LAND
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
14
Fakahatchee Plaza CPUD
Revised: December 18, 2009
178
EXHIBIT E
DEVELOPER COMMITMENTS
I. PURPOSE
The pwpose of this Section is to set forth the development conunitments for the
development of the project.
2. ENVIRONMENTAL
I. The minimum native preservation requirement shall be 0.39 acres
(3.93 acres x 10% = 0.39 acres to be preserved).
ii. The subject property is located within the ST - WI wellfield zone.
The storageaIid use of hazardous materials shall be strictly
prohibited.
3. TRANSPORTATION
A. The property owner within 30 days of the approval of this rezone shall convey to
Collier County lands described in Exhibit C attached hereto. The property owner
shall be entitled to receive cash compensation or Transportation impact fee credits
from Collier County not to exceed $30,000. The form of compensation shall be at
the discretion of Collier County. Cash compensation or written confirmation of
impact fee credit shall be issued by the County within 180 days of the acceptance
of lands described in Exhibit C. Said conveyance and acceptance by Collier
County of the described lands incorporates the following supporting points:
i.) This conveyance positively addressed the potential for incongruity as
stated in the Future Land Use Element under D. Special Issues which
references the importance of reserving adequate right-of-way at the time
of zoning. This conveyance ensures available right-of-way for planned
capacity improvements at the intersection of Everglades Boulevard and
Golden Gate Boulevard to acconunodate a four-lane Everglades
Boulevard and six. lane Golden Gate Boulevard. (Any future right of way
taking(s) at this location shall be recognized as a separate action and shall
not be subject to the limitations of this document.)
ii.) The value of the lands conveyed is recognized to be in excess of the
compensation by cash or impact fee credit. Such value is required to
provide adequate mitigation for future transportation impacts resulting
from the project, limited to the land uses and intensity provided for in this
rezone and the accompanying TIS dated September 2009. This mitigation
satisfies consistency requirements of Policy 5.1 of the Transportation
Element of the Growth Management Plan for the density/intensity
proposed by this zoning change.
15
Fakahatchee Piau CPUD
Revised: December 18, 2009
17B
Hi.) All compensating right of way required in accordance with Section
6.06.01.H.3 of the Land Development Code (as amended) is included in
the lands described in Exhibit C. No additional compensating right of way
will be required at the time of Development Order application. The
acreage of this compensating right of way shall not be creditable towards
impact fee credits, and shall not be compensated by the County.
iv.) Developer shall convey the parcel described in Exhibit C (the "Parcel") to
County in fee simple, free and clear of all liens and encumbrances.
Developer will provide the Office of the County Attorney with the
executed statutory warranty deed, suitable for recording, within ninety
(90) days of the County's request for conveyance. Upon receipt, the
County shall record the statutory warranty deed in the Public Records of
the County. All costs of recording and conveyance shall be paid by
Developer. County will bc responsible for paying the costs of any title
work and searches, and Developer shall be responsible for all costs for
promptly removing or curing any liens, encumbrances or deficiencies
revealed in any title work. If required by the County Attorney, Developer
will promptly provide either an attorney's opinion, or a corporate affidavit,
identifYing the record owner of this parcel, setting forth the authority of
the record owner to enter into this Agreement, and identifying any lien
holders having a lien or encumbrance on this parcel. The opinion or
affidavit will specifically describe each of the recorded instruments under
which the record owner holds title, each lien or encwnbrance, and cite
appropriate recording information and incorporate by reference a copy of
all such referenced instruments.
B. The total combination of allowable land uses on this site shall not be allowed to
exceed the maximum trip generation for the proposed uses slated in the
September 2009 Traffic Impact Study (134 PM Peak Hour, two-way trips). Staff
reserves the ability to limit square footage or the number of units during any
subsequent development order based on the trip generation limit. Any future
occupant change that increases trip generation per lIE trip generation guidelines
will require Transportation review and may not be allowed, if the total proposed
trips exceed the maximum impact listed in this condition.
3. UTILITIES
The project shall utilize well and septic systems until central water and sewer are
available.
16
Fakahatchee Plaza CrUll
Revised: December 18. 2009
178
4. LIGHTING
A. If a streetlight or an area light is required, it shall be of the type specified to
protect neighboring properties from direct glare. Area lighting shall be shielded
such that direct rays do not pass property lines.
1. Where required, the street lamp shall be of the high pressure
sodium type and be a "cobra head with flat bottom" style or be
fully shielded so that light is directed only downward.
2. Parking lot lamps shall be low-pressure sodium type lamps or as
specified in item iii) below and shall be mounted so that they point
downward without direct rays extending past the parking lot,
building entrance, walkway, or other area intended to be
illuminated. Lighting design shaH be such that light intrusion into
the native vegetation areas adjacent to residential lots is
minimized.
3. Exterior lighting shall be limited as follows to decrease the
ambient light intrusion on adjacent properties and the Estates in
general:
i. All outside lights shall be limited to 250 watts HID or lumens
equivalent except for code required life/safety lighting such as exit
signs, stairwell and landing lighting, etc.
11. All exterior lamps must be full shielded.
iil. All landscape lighting must be fully shielded and no landscape up-
lighting shall be permitted.
5. OTHER
Hours of operation for all uses with the exception of Public Order and Safety
Facilities shall be limited to 6am to lOpm.
17
Fakahatchee Plaza CPUD
Revised' December IS, 2009
178
Acct. #068779
December 10, 2009
Attn: Legals
Naples Daily News
1100 lmmokalee Road
Naples, Florida 34110
Re: PUDZ-2007-AR-11398, Fakahatchee Plaza CPUD
Dear Legals:
Please advertise the above referenced notice on Sunday, December 27, 2009, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500096189
,.' "._,."_.,...._.-.,,_.~"~_..~___...._.,_~_.__.__,'_'_._m~'"_,~._._~_~~"._.,_."~._,_,.,_'"~".._,.,~___.~_._.._.,_,<
"f.';;J!'
~'; Ii' D P:l'. J
.Ji" I l::Ji
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, JANUARY 12, 2010, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING
DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT TO BE KNOWN AS THE FAKAHATCHEE PLAZA CPUD. THE PROPERTY
IS LOCATED AT THE NORTHWEST CORNER OF GOLDEN GATE BOULEVARD (CR
876) AND EVERGLADES BOULEVARD, IN SECTION 6, TOWNSHIP 49 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 5.46+/-
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
Petition: PUDZ-2007-AR-11398, Shoesop Properties, LLC, represented by
Timothy Hancock, AICP, of Davidson Engineering, Inc., is requesting a
rezone from the Estates (E) Zoning District to the Commercial Planned
Unit Development (CPUD) Zoning District for a 25,000 square-foot
commercial retail and office development to be known as Fakahatchee
Plaza CPUD. The 5.46-acre subject property is located at the
northwest corner of the Golden Gate Boulevard (CR 876) and Everglades
Boulevard intersection in Section 6, Township 49 South, Range 28
East, Collier County, Florida.
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an 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
178
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a 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 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
COtlnty.'of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
PO. BOX 413044
NAPLES, FLORIDA 34101-3044
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 10, 2009
Mr. Tim Hancock
Davidson Engineering
3530 Kraft Road
Suite #301
Naples, FL 34105
Re: Petition: PUDZ- 2007-AR-11398, Fakahatchee Plaza CPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 12, 2010, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, December 27,
2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~C~p~~~c:
Teresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
eouptyofCollier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY .COURTHOUSE
3301 TAMIAMI TRA[L EAST
P.O. BOX 413044
NAPLES, FLORrDA 34[01-3044
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 10, 2009
Shoesop Properties, LLC
840 lung Blvd. W.
Naples, FL 34120
Re: Petition: PUDZ- 2007-AR-11398, Fakahatchee Plaza CPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 12,2010, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, December 27,
2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
r--.~ DoecS,1e-l'6 c
. Teresa Polaski,
Deputy Clerk
Enclosure
Phonc (239) 252-2646
Websitc: www.collierclcrk.com
Fax (239) 252-2755
[mail: collierclerk@collierclerk.com
178
Teresa L. Polaski
To:
Subject:
legals@naplesnews.com
PUDZ-2007-AR-11398. Fakahatchee Plaza CPUD
Lega Is,
Please advertise the following on Sunday, December 27,2009. Thanks
~
~
PUDZ-2007-AR-tt PUDZ-2007-AR-tt
39B.doc 398.doc
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes ond Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
Il78
Teresa L. Polaski
From:
Sent:
To:
Subject:
Attachments:
postmaster@collierclerk.com
Thursday. December 10. 2009 11 :35 AM
Teresa L. Polaski
Delivery Status Notification (Relay)
ATT06496.txt; PUDZ-2007-AR-11398. Fakahatchee Plaza CPUD
This is an automatically generated oelivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals~naplesnews.com
Teresa L. Polaski
178
From:
Sent:
To:
Subject:
Attachments:
Thank you for
Date
Publication
Ad Number
Total Ad Cost
Pagan. Emely [EPagan@Naplesnews.com]
Thursday. December 10. 2009 3:40 PM
Teresa l. Polaski
Ad Confirmation
UAS85E.jpg
placing your ad.
12/10/09
NON
1830816
$302.66
1
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, JANUARY 12, 2010, in the Boardroom, lrd 17 B
Floor, Administration Building, Collier County Government Center, 3301 Eas1 Ta.
ITJiami Trail, Naples, Florida, the BOiJrd of County Commissioners will <amide! the
..na{tment ()f a County Ordinance. The mE'eting will commence at 9:00 A.M. Hie
title of thE' proposed Ordinal,,:e is as follows'
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN.
TY, FLORIDA, AMENDING ORDINANCE NUMBER 2004,41, AS AMENDED, THE COL.
L1ER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE lONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRI8ED REAL PROPER-
TY FROM AN ESTATES IE) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DE-
VELOPMENT (CPUD) ZONING DISTRICT TO BE KNOWN AS THE FAKAHATCHEE PLA.
ZA CPUD. THE PROPERTY IS LOCATED AT TH E NORTHWEST CORNER OF GOLDEN
GATE BOULEVARD (eR 876) AND EVERGLADES BOULEVARD, IN SECTION 6, TOWN.
SHIP 49 SOUTH, RANGE 28 EAST, COLliER COUNTY, FLORIDA CONSISTING OF
5.46+1- ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
Petition. PUDZ.2007cAR-11398, Shoesop Properties, LLC, represented by Timothy
~allcock, AIC?, of Davidson Engineerill<;j. IrK., is requesting a rezone from the Es'
tates (El Zoning District to the Commeroal Planrv"d Ullit Development (CrUD) Zon.
ing District for a 25,000 square.foot commercial retail and offke development to
be known as Fakahatc.hee Plaza CPUD. The 5.46-acCl'e subIen property is located al
the northwest comer of the Golderl Gate Boulevard (CR 876) and Everglades BOUle-
vard intersection in Section 6, Township 49 South, Range 28 East Collier County,
Florida.
Cop'les .;,f the proposed Ordini'l!lce dre 011 file With the Clerk to the Board and are
available for inspection. All interested parties are inv1led to attend and be heard.
NOTE: All persons wishing to spe<lk 'On <lny agenda item must regirter with the
County administrator prior to pn,~entaii()n 01 the agenda item to be addressed.
Individual :speakers willl1e limited to 5 mil"tutes on any item The selection of <'In in.
dividual to;peak or1 behalf nf all organization or grt1tJp is er1(O~lraged. If re':o~,
nize~ by the Chairman, il spokesperson tor a group or oq:Janizatiol1 may be allotted
10 mll1lltes to speak on an item.
Persol~s wishing to i~ave written \?r graphic Ini3terials InCluded in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In al1Y Cilse, wl-ltten materials intended to be considered by tl1e
Beard shall be submitted to trle appropriate County staff a I'l1inlmum of seVen days
prior to the public hearing. All material used il1 presentations before the Soard
will become a permanent part (If the re(ord.
Any person who decides to appeal a cJedsion of tl1e Board will need a record of the
proceedings pi;'rtaining thereto and therefore, may need to en~urethat a verbatim
record of the proceedings I:; made, which record includes the testimony and evi.
dence upon which the appeal Is ba~d.
If you are a person with a disability who needs al1Y accommodationll' order to par.
ticipate 111 this proceeding, you are er1titled, at no cost to you, to the provision of
certain assistance, Please contact the Collier County Facilities Management Depart
ment, located at 3301 Ta miami Trafl East, Building W. Naples, Florida 34112.
(239)252.8380. Assisted listei1II'9 devices for th", hearing impaired are available in
the COUntY Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA fiALA, CHAIRMAN
DWIGHT E BROCK, CLERK
By: TeresCl Polaski, Deputy Clerk
(SEAL)
December 27,2009
No1S30816
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F~L E~'~:
CGLLlEE COU:'ill', i: LC1:;,iu,.
l?B
NAPLES DAILY NEWS
Pubiished Daily
Napies, FL 341 02
Affidavit of Publication
State of Florida
County of Collier
ny'
Before the undersigned they serve as the authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor of the Naples Daiiy, a daiiy newspaper
published at Napies, in Collier County, Fiorida; distributed
in Collier and Lee counties of Florida; that the attached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on December 27, 2009
1 time in the issue
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida. and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples. in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advenisement for
P(1 ;n,thesai~aper
RJJ ~
( Signature of affiant)
S worn to and subscribed before me
This 30th day of December, 2009
;
Y-AHOl E KANGAS
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DeveI<:IPfNlI'lt.. ).OI'Imu" .a., '-.' at
IUd,OMC6 " . . to be known ,as F . ": .'. 'CPUO.
~. .'. .', .." '. Is located at the ", . .'. . _:otthe
ii~"""S!\lP49 '. ".'~"I:~." . ~~on In
CoP.l" oIlho ........., _ ....l~.~.~.... CI... 10 the BoOrd
='=:"~~'for'Jns~. ldl.'." 'partlesare invited to at.
:?th~Eh,.A&'-~-:l:W,..~"'I.'I~;:fa~~
~ ! _-;.;;: '.' IndIVIduals. '. 'W.' ......' to $ . nutes on any
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIIt? B
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be band delivered to the Board Otl1ce, The completed routing slip and original
documents are to he forwarded to the Board Otlice only ~ the Board has taken action on the item_)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If tile document is already complete with the
. th #4 1 th kl d' d S 1 #
exception of the Chairman's signature, draw a line through routmg lines #1 rough , COI!!Plcte e chee ' 1St, an 10rwar to 'ue Fi son (line 5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Judy Puig CDES Administration j ~ I{IJ-ldolo
2.
3.
4.
5 Ian Mitchell, Supervisor, BCC Office Board of County ~A.- I/I~I ZoID
Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one ofthe addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to he delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Kay Deseiem Phone Number 252-293i
Contact
Agenda Date Item was 1/12110 Agenda Item Number 17.8.
Approved by the BCC
Type of Document Ordinance Ol.O ( 0 01 Number of Original I
Attached ~ Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the Counly Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages ITom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other artics exce t the BCC Chairman and the Clerk to the Board
The Chainnan's signature line date has been entered as the dale ofBCC approvai of the
document or the final neotiated contract date whichever is applicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BeC office within 24 hours ofOCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the ncc on 1/12/10 and all changes made during the
meeting have been incorporated in the attached docnment. The Connty Attorney's
Office has reviewed the chan es, if a licable.
Yes
(lnitial)
X'D
NIA (Not
A licable)
2.
3.
4.
5.
6.
X'D
X'D
X'D
X'D
X'D
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
January 26, 2010
To:
Jeff Klatzkow, County Attorney
County Attorney's Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Ordinance 2010-01: Fakahatchee Plaza CPUD
Attached for your records, is a copy of the Ordinance referenced above
(Agenda Item #17B), adopted by the Board of County Commissioners on
Tuesday, January 12, 2010.
The original will be kept as part of the Board's permanent record in the
Minutes and Records Department.
lfyou have any questions, please feel free to call me at 252-8406.
Thank you.
Attachment (J)
17B
'fi 1 il '.f
L
MEMORANDUM
Date
January 26,2010
To:
Kay Deselem, Principal Planner
Zoning and Land Development
From:
Ann Jennejohn, Senior Deputy Clerk
Minutes & Records Department
Re:
Ordinance 2010-01: Fakahatchee Plaza CPUD
Attached for your records, you will find a copy of the Ordinance referenced above
(Agenda Item #17B), adopted by the Board of County Commissioners on
Tuesday, January 12,2010.
The Minutes and Records Department has retained the original for the Board's
official record.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachment (I)
170
. '~
, h~
ORD[NANCE NO. 10- 01
AN ORD[NANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-4[, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULA nONS FOR
THE UN[NCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPR[A TE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN
ESTATES (E) ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) ZONING DISTRICT TO BE KNOWN AS THE
FAKAHATCHEE PLAZA CPUD. THE PROPERTY IS
LOCATED AT THE NORTHWEST CORNER OF
GOLDEN GATE BOULEV ARD (CR 876) AND
EVERGLADES BOULEVARD, IN SECTION 6,
TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 5.46+/- ACRES;
AND BY PROVIDING AN EFFECT[VE DATE.
WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Shoe sop
Properties, LLC, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDA[NED 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 6,
Township 49 South, Range 28 East, Collier County, Florida, is changed from an Estates (E)
Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District to be
known as the Fakahatchee Plaza CPUD in accordance with Exhibits A through E, attached
Fakahatchee Plaza CPUD, AR-i1398
Rev. i2/21/09
Page I of2
178
hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as
described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
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 /J..J/L day of OarJJlJ\4f ,2010.
! '"
ATTEST:
DWIGHT E. BROCK, CLERK
.""'''r., ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, .. ~_:s~r:~':~i..~:~r
By: '
:8.: ~: *.:tJ~.', . f
g'-"JI. .:.
~~"i.'" .\~...jf
''j ..' .-".'\
"
By:
,r c'.';t-~l"~r}(jA, ',:;y' "
DONNA FIALA, Chairman
Approved as'to form
and legal sufficiency:
liw- C. w1L
Steven T. Williams
Assistant County Attorney
Exhibit A - Permitted Uses
Exhibit B - Commercial Development Standards
Exhibit C - Master Concept Plan
Exhibit D - Legal Description
Exhibit E - Developer Commitments
CPI07,CPS,00634162
Fakahatchee Plaza CPUD, AR-11398
Rev. 12/21109
Page 2 of2
178
EXHIBIT A
PERMITTED USES
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:
PRINCIPAL USES:
1. Accident and Health Insurance (Group 6321).
2. Accounting, auditing and bookkeeping services (Group 8721).
3. Adjustment and Collection Services (Group 7322).
4. Administration of Educational Programs (Group 9411).
5. Administration of General Economic Progranls (Group 9611).
6. Administration of Housing Programs (Group 9531).
7. Administration of Public Health Programs (Group 9431).
8. Administration of Social, Human Resource and Income Maintenance
Programs (Group 9441).
9. Administration of Urban Planning and Community and Rural
Development (Group 9532).
10. Administration of Veterans' Affairs, Except Health and Insurance (Group
9451).
11. Advertising Agencies (Group 7311).
12. Air and Water Resource and Solid Waste Management (Group 9511).
13. Architectural Services (Group 8712).
14. Auto and home supply stores (Group 5531).
15. Automotive services (Group 7549), except any wrecker (towing) service.
16. Barber shops (Group 7241), except barber schools.
17. Beauty shops (Group 7231), except beauty schools.
18. Book Stores (Group 5942).
Fakahatchee Plaza CPUD
Revised: December 29, 2009
178
19. Business Associations (Group 8611).
20. Business Consulting Services (Group 8748).
21. Business Services, Not Elsewhere Classified (Group 7389), except
auctioneering services, automobile recovery services, automobile
repossession services, batik work (hand-printing on textiles), bottle
exchanges, bronzing, cloth cutting/bolting or winding, contractors'
disbursement control, assembling and packaging of cosmetic kits, cotton
inspection service, cotton sampler service, telephone directories'
distribution, drive-away automobile service, exhibit building, filling
(aerosol) pressure containers, field warehousing, fire extinguisher service,
float decoration, folding and refolding service, gas system conversion,
bottle or can labeling, merchandise liquidation services, metal slitting and
shearing, packaging and labeling, patrol of electric transmission or gas
lines, pipeline and power-line inspection service, press clipping service,
recording studios, repossession service, rug binding, salvaging of damaged
merchandise, scrap steel cutting and slitting, shrinking textiles, solvent
recovery service, sponging textiles, swimming pool cleaning and
maintenance, tape slitting, textile designers, textile folding, tobacco
sheeting service, window trimming service, and yacht brokers.
22. Camera and Photographic Supply Stores (Group 5946).
23. Candy, Nut, and Confectionery Stores (Group 5441).
24. Child day care services (Group 8351).
25. Children's and Infants' Wear Stores (Group 5641).
26. Civic, Social, and Fraternal Associations (Group 8641).
27. Coin-Operated Laundries and Dry-cleaning (Group 7215).
28. Conunercia1 Art and Graphic Design (Group 7336).
29. Commercial Photography (Group 7335)
30. Commodity Contracts Brokers and Dealers (Group 6221).
31. Computer and Computer Software Stores (Group 5734)
32. Computer Facilities Management Systems (Group 7376).
33. Computer Integrated Systems Design (Group 7373).
2
Fakahatchee Plaza CPUD
Revised: December 29, 2009
17E
34. Computer Maintenance and Repair (Group 7378).
35. Computer Processing and Data Preparation and Processing Services
(Group 7374).
36. Computer Programming Services (Group 7371).
37. Computer Related Services, Not Elsewhere Classified (Group 7379).
38. Computer Rental and Leasing (Group 7377).
39. Credit Reporting Services (Group 7323).
40. Dairy Products Stores (Group 5451).
41. Direct Mail Advertising Services (Group 7331).
42. Direct Selling Establishments (Group 5963).
43. Drapery, Curtain, And Upholstery Stores (Group 5714).
44. Drug Stores and Proprietary Stores (Group 5912).
45. Dry-cleaning Plants, Except Rug Cleaning (Group 7216), non-industrial
dry cleaning only.
46. Eating places (Group 5812 only) with 6,000 square feet or less in gross
floor area in the principal structure (All establishments engaged in the
retail sale of alcoholic beverages for on-premise consumption are subject
to locational requirements of the Land Development Code).
47. Electrical and Electronic Repair Shops (Group 7629).
48. Employment Agencies (Group 7361).
49. Engineering Services (Group 871 l).
50. Executive and Legislative Offices Combined (Group 9131).
51. Executive Offices (Group 9111).
52. Family Clothing Stores (Group 5651).
53. Federal and Federally-Sponsored Credit Agencies (Group 6111).
54. Fire, Marine, and Casualty Insurance (Group 6331).
3
Fakahatchee Piaza cPUD
Revised: December 29. 2009
178
55. Floor Covering Stores (Group 5713),
56. Florists (Group 5992), not to exceed 5,000 square feet.
57. Fruit and Vegetable Markets (Group 5431).
58. Furniture Stores (Group 5712).
59. Garment Pressing, and Agents for Laundries and Drycleaners (Group
7212).
60. General Government (Group 9199).
61. General merchandise stores (Group 5399).
62. Gift, Novelty, and Souvenir Shops (Group 5947).
63. Grocery Stores (Group 5411), Convenience Markets will only be
permitted to operate at a maximum of 16 hours per day subject to LUC
852 of the lIE, Seventh Edition, Volume 3 of3.
64. Hardware stores (Group 5251).
65. Help Supply Services (Group 7363).
66. Hobby, Toy, and Game Shops (Group 5945).
67. Home Health Care Services (Group 8082).
68. Hospital and Medical Service Plans (Group 6324).
69. Household Appliance Stores (Group 5722).
70. Individual and Family Social Services (Group 8322), elderly or
handicapped activity centers, adult day care centers, and adult and
handicapped day care centers only.
71. Information Retrieval Services (Group 7375).
72. Insurance Agents, Brokers, and Service (Group 6411).
73, Insurance Carriers (Group 6399).
74. Investment Advice (Group 6282).
75. Jewelry Stores (Group 5944).
4
Fakahatchee Plaza CPUD
Revised: December 29,2009
17B
76. Labor Unions and Similar Labor Organizations (Group 8631).
77. Land, Mineral, Wildlife, and Forest Conservation (Group 9512).
78. Landscape Counseling and Planning (Group 0781).
79. Legal services (Group 8111).
80. Legislative Bodies (Group 9121).
81. Life Insurance (Group 6311).
82. Loan Brokers (Group 6163).
83. Luggage and Leather Goods Stores (Group 5948).
84. Management Consulting Services (Group 8742).
85. Management Services (Group 8741).
86. Meat and Fish (Seafood) Markets, Including Freezer Provisioners (Group
5421 ).
87. Membership Organizations (Group 8699).
88. Men's and Boys' Clothing and Accessory Stores (Group 5611).
89. Miscellaneous Apparel and Accessory Stores (Group 5699).
90. Miscellaneous business Credit Institutions (Group 6159).
91. Miscellaneous Food Stores (Group 5499).
92. Miscellaneous Home Furnishings Stores (Group 5719).
93. Miscellaneous Personal Services (Group 7299), babysitting bureaus,
clothing rental, costume rental, dating service, depilatory salons, diet
workshops, dress suit rental, electrolysis, genealogical investigation
service, and hair removal only.
94. Miscellaneous Retail Stores (Group 5999), not to exceed 5,000 square feet
and no adult-oriented businesses.
95. Mortgage Bankers and Loan Correspondents (Group 6162).
96. Museums and art galleries (Group 8412).
5
Fakahatchee Plaza cPUD
Revised: December 29, 2009
178
97. Musical Instrument Stores (Group 5736).
98. News Dealers and Newsstands (Group 5994), not to exceed 5,000 square
feet.
99. Offices and Clinics and Doctors of Osteopathy (Group 8031).
100. Offices and Clinics of Chiropractors (Group 8041).
101. Offices and Clinics of Dentists (Group 8021).
102. Offices and Clinics of Doctors of Medicine (Group 8011).
103. Offices and Clinics of Health and Practitioners, Not Elsewhere Classified
(Group 8049).
104. Offices and Clinics of Optometrists (Group 8042).
105. Offices and Clinics of Podiatrists (Group 8043).
106. Optical Goods Stores (Group 5995), not to exceed 5,000 square feet.
107. Paint, glass and wallpaper stores (Group 5231).
108. Pension, Health, and Welfare Funds (Group 6371).
109, Personal Credit Institutions (Group 6141).
110. Photocopying and Duplicating Services (Group 7334).
Ill. Photofinishing Laboratories (Group 7384).
112. Photographic studios (Group 7221).
113. Physical fitness facilities (Group 7991).
114. Political Organizations (Group 8651).
115. Prepackaged Software (Group 7372).
116. Professional Membership Organizations (Group 8621).
117. Public Finance, Taxation, and Monetary Policy (Group 9311).
118. Public Order and Safety, Not Elsewhere Classified (Group 9229).
6
Fakahatchec Plaza CPUD
Revised: December 29,2009
178
119. Public Relations Services (Group 8743).
120. Radio, Television and Conswner Electronics Stores (Group 5731).
121. Real Estate Agents and Managers (Group 6531).
122. Record and Prerecorded Tape Stores (Group 5735).
123. Regulation and Administration of Communications, Electric, Gas, and
Other Utilities (Group 9631).
124. Regulation and Administration of Transportation Programs (Group 9621).
125. Regulation of Agricultural Marketing and Commodities (Group 9641).
126. Regulation, Licensing, and Inspection of Miscellaneous Commercial
Sectors (Group 9651).
127. Religious Organizations (Group 8661),
128. Retail Bakeries (Group 5461).
129. Retail nurseries, lawn and garden supply stores (Group 5261).
130. Secretarial and Court Reporting Services (Group 7338).
131. Security and Commodity Exchanges (Group 6231).
132. Security Brokers, Dealers, and Flotation Companies (Group 6211).
133. Services Allied With the Exchange of Securities or Commodities (Group
6289).
134. Sewing, Needlework, and Piece Goods Stores (Group 5949).
135. Shoe repair shops and shoeshine parlors (Group 7251).
136. Shoe Stores (Group 5661).
137. Short-Term Business Credit Institutions, Except Agricultural (Group
6153).
138. Space and Research and Technology (Group 9661).
139. Sporting Goods Stores and Bicycle Shops (Group 5941).
7
Fakahatchee Plaza cPUD
Revised: December 29, 2009
17B
140. Stationery Stores (Group 5943).
141. Surety Insurance (Group 6351).
142. Surveying Services (Group 8713).
143. Tax Return Preparation Services (Group 7291).
144. Title Abstract Offices (Group 6541).
145. Title Insurance (Group 6361).
146. Tobacco Stores and Stands (Group 5993), not to exceed 5,000 square feet.
147. Transportation services (Group 4724), travel agencies only.
148. United States Postal Service (Group 4311 except major distribution
centers).
149. Used Merchandise Stores (Group 5932).
150. Veterinary services (Groups 0742, 0752 excluding outside kenneling).
151. Videotape rental (Group 7841), limited to 1,800 square feet of gross floor
area and no adult-oriented businesses.
152. Watch, Clock, and Jewelry Repair (Group 7631).
153. Women's Accessory and Specialty Stores (Group 5632).
154. Women's Clothing Stores (Group 5621).
155. Any other principal use which is comparable in nature with the foregoing
list of permitted principal uses, as determined by the Board of Zoning
Appeals (BZA) by the process outlined in the LDC.
CONDITIONAL USES:
The following uses are permissible as conditional uses, subject to the standards and
procedures established in the LDC:
1. Churches and places of worship.
8
Fakahatchee Pla"a CPUD
Revised: December 29, 2009
178
PROHIBITED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for the following:
I. Correctional institutions (Group 9223).
2. Crematories (Group 7261) (Does not include non- crematory Funeral
Parlors).
3. Drinking places (5813) and Liquor stores (Group 5921).
4. Elementary and secondary schools (Group 8211), colleges (Group 8221),
junior colleges (Group 8222).
5. General hospitals (Group 8062), psychiatric hospitals (Group 8063), and
specialty hospitals (Group 8069).
6. Homeless shelters and soup kitchens (Group 8361).
7. Libraries (Group 8231).
8. Mail order houses (Group 5961).
9. Merchandising machine operators (Group 5962).
10. NEC Recreational Shooting Ranges, waterslides, etc. (Group 7999)
II. Power laundries (Group 7211).
12. Radio, TV representatives (Group 7313) and direct mail advertising
services (Group 7331).
13. Waste management (Group 9511).
14. Fast Food Restaurants with Drive Thru
15. Gas Stations
9
Fakahatchee Plaza CPUD
Revised: December 29,2009
17B
EXHIBIT B
COMMERCIAL DEVELOPMENT STANDARDS
PRINCIPAl,USES .
10,000 square feet
MINIMUM LOT AREA
MINIMUM LOT WIDTH
100 feet
Front
25 feet / 25 feet
Rear
N/A /15 feet
Side
15 feet/7.5 feet
MIN. DISTANCE BETWEEN
STRUCTURES
The greater of IS feet or Yz the
sum of
zoned buildin hei ht
zoned: I story and 35 feet
actual: I story and 47 feet
MAXIMUM HEIGHT
MINIMUM FLOOR AREA
700 square feet
MAXIMUM BUILDING AREA
GENERAL: Except as provided for herein, all criteria set forth above shall be understood
to be in relation to individual parcel or lot boundary lines, or between structures.
1. ARCHITECTURAL
A. All buildings and projects within the PUD shall utilize a common architectural
theme. This theme shall be applicable to both building design and signage.
B. All buildings shall have tile roofs or "Old Style Florida" metal roofs. The
buildings shall have an "Old Florida" architectural style and be finished in light,
subdued colors, except for decorative trim.
C. Pedestrian traffic shall be encouraged through the placement of sidewalks,
pedestrian walkways, and marked crosswalks within parking areas. Adjacent
projects shall coordinate placement of sidewalks so that a continuous pathway
through the Neighborhood Center is created.
D. Adjacent buildings within the Fakahatchee Plaza CPUD shall be connected with
walkways or courtyards.
10
Fakahatchce Plaza CrUD
Revised: December 29, 2009
17B
E. Drive-through establishments shall be limited to banks and drugstores, with no
more than 3 lanes; the drive-through areas shall be architecturally integrated with
the rest of the building. Any drive through facilities shall be oriented away from
the single-family homes to the north and west unless these homes are buffered by
an intervening building on the CPUD site.
F. Fences or walls may be constructed on the conunercial side of the required
landscape buffer between adjacent commercial and residential uses. If
constructed, such fences or walls shall not exceed five (5) feet in height. Walls
shall be constructed of brick or stone. Fences shall be of wood or concrete post or
rail types, and shall be of open design (not covered by slats, boards or wire).
G. A functional public open-space component shall be provided. Such public open
spaces shall be developed as green space within a pedestrian-accessible courtyard,
as per Section 5.05.08 C.9.d.i of the Collier County Land Development Code, as
in effect at the time of PUD approval.
H. All lighting facilities shall be architecturally-designed, and shall be limited to a
height of twenty-five (25) feet. Such lighting facilities shall be shielded from
neighboring residential land uses.
2. BUFFERING AND ENVIRONMENTAL
A. A 25-foot wide landscape buffer shall be provided abutting the external right-of-
way. This buffer shall contain two staggered rows of trees that shall be spaced no
more than 30 feet on center, and a double row hedge at least 24 inches in height at
the time of planting and attaining a minimum of three feet height within one year.
A minimum of 50% of the 25-foot wide buffer area shall be comprised of a
meandering bed of shrubs and grow1d covers other than grass. Existing native
tress must be retained within this 25-foot wide buffer area to aid in achieving this
buffer requirement; other existing native vegetation shall be retained, where
possible, to aid in achieving this buffer requirement. Water retention/detention
areas shall be allowed in this buffer area if left in natural state, and drainage
conveyance through the buffer area shall be allowed in necessary to reach an
external outfall.
B. Projects directly abutting residential property (property zoned E-Estates and
without an approved conditional use) shall provide, at a minimum, a seventy-five
(75) feet wide buffer in which no parking uses are permitted. Twenty-five (25)
feet of the width of the buffer along the developed area shall be a landscape
buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained
native vegetation and must be consistent with subsection 3.05.07 H. of the Collier
County Land Development Code (LDC). The native vegetation retention area
may consist of a perimeter berm and be used for water management detention.
Any newly constructed berm shall be re-vegetated to meet subsection 3.05.07 H.
11
Fakahatchee Plaza CPUD
Revised: December 29. 2009
17B
of the LDC (native vegetation replanting requirements). Additionally, in order to
be considered for approval, use of the native vegetation retention area for water
management pwposes shall meet the following criteria:
a. There shall be no adverse impacts to the native vegetation being
retained. The additional water directed to this area shall not
increase the annual hydro-period unless it is proven that such
would have no adverse impact to the existing vegetation.
b. If the project requires permitting by the South Florida Water
Management District, the project shall provide a letter or official
document from the District indicating that the native vegetation
within the retention area will not have to be removed to comply
with water management requirements. If the District cannot or will
not supply such a letter, then the native vegetation retention area
shall not be used for water management.
c. If the project is reviewed by Collier COWIty, the County engineer
shall provide evidence that no removal of native vegetation is
necessary to facilitate the necessary storage of water in the water
management area.
C. Along the Western side of the project a 5 foot fence or wall shall be constructed to
buffer the adjacent residential property. The fence or wall shall be located within
the required 25 foot landscape buffer. To accommodate the fence or wall along
the length of the western property line, the access drive to Golden Gate Blvd.
shall be no closer than 10 feet fTom the western property line. Adjacent to the
access drive, a minimum Type' A' buffer shall be installed on the residential side
of the fence or wall.
3. TRANSPORTATION
A. Driveways shall align with driveway access on opposing parcels, except when the
roadway median between the two parcels has no opening, or does not provide for
a through movement.
12
Fakahatchee Plaza CPUD
Revised: December 29, 2009
17B
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178
EXHIBIT D
LEGAL DESCRIPTION
SECTION: 6, TOWNSHIP: 49 SOUTH. RANGE: 28 EAST
TRACT 128, GOLDEN GATE ESTATES UNIT NO. 76
AS RECORDED IN PLAT BOOK 5, PAGES 13 AND 14
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
THE ABOVE DESCRIBES AN AREA OF APPROXIMA TEL Y
238,800 SQUARE FEET OR 5.46 ACRES OF LAND
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
14
Fakahatchee Plaza cPUD
Revised: December 29, 2009
17B
EXHIBIT E
DEVELOPER COMMITMENTS
1. PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
2. ENVIRONMENTAL
1. The minimum native preservation requirement shall be 0.39 acres
(3.93 acres x 10% = 0.39 acres to be preserved).
ii. The subject property is located within the ST-WI wellfield zone.
The storage and use of hazardous materials shall be strictly
prohibited.
3. TRANSPORTATION
A. The property owner within 30 days of the approval of this rezone shall convey to
Collier County lands described in Exhibit C attached hereto. The property owner
shall be entitled to receive cash compensation or Transportation impact fee credits
from Collier County not to exceed $30,000. The form of compensation shall be at
the discretion of Collier County. Cash compensation or written confirmation of
impact fee credit shall be issued by the County within 180 days of the acceptance
of lands described in Exhibit C. Said conveyance and acceptance by Collier
County of the described lands incorporates the following supporting points:
i.) This conveyance positively addressed the potential for incongruity as
stated in the Future Land Use Element under D. Special Issues which
references the importance of reserving adequate right-of-way at the time
of zoning. This conveyance ensures available right-of-way for plaJmed
capacity improvements at the intersection of Everglades Boulevard and
Golden Gate Boulevard to accommodate a four-lane Everglades
Boulevard and six-lane Golden Gate Boulevard. (Any future right of way
taking( s) at this location shall be recognized as a separate action and shall
not be subject to the limitations of this document.)
ii.) The value of the lands conveyed is recognized to be in excess of the
compensation by cash or impact fee credit. Such value is required to
provide adequate mitigation for future transportation impacts resulting
from the project, limited to the land uses and intensity provided for in this
rezone and the accompanying TIS dated September 2009. This mitigation
satisfies consistency requirements of Policy 5.1 of the Transportation
Element of the Growth Management Plan for the density/intensity
proposed by this zoning change.
15
Fakahatchee Plaza CPUD
Revised: December 29, 2009
178
Iii.) All compensating right of way required in accordance with Section
6.06.01.H.3 of the Land Development Code (as amended) is included in
the lands described in Exhibit C. No additional compensating right of way
will be required at the time of Development Order application. The
acreagc of this compensating right of way shall not be creditable towards
impact fee credits, and shall not be compensated by the County.
iv.) Developer shall convey the parcel described in Exhibit C (the "Parcel") to
County in fee simple, free and clear of all liens and encumbrances.
Developer will provide the Office of the County Attorney with the
executed statutory warranty decd, suitable for recording, within ninety
(90) days of the County's request for conveyance. Upon receipt, the
County shall record the statutory warranty deed in the Public Records of
the County. All costs of recording and conveyance shall be paid by
Developer. County will be responsible for paying the costs of any title
work and searches, and Developer shall be responsible for all costs for
promptly removing or curing any liens, encumbrances or deficiencies
revealed in any title work. If required by the County Attorney, Developer
will promptly provide either an attorney's opinion, or a corporate affidavit,
identifying the record owner of this parcel, setting forth the authority of
the record owner to enter into this Agreement, and identifying any lien
holders having a lien or encumbrance on this parcel. The opinion or
affidavit will specifically describe each of the recorded instruments under
which the record owner holds title, each lien or encumbrance, and cite
appropriate recording information and incorporate by reference a copy of
all such referenced instruments.
B. The total combination of allowable land uses on this site shall not be allowed to
exceed the maximum trip generation for the proposed uses stated in the
September 2009 Traffic Impact Study (134 PM Peak Hour, two-way trips). Staff
reserves the ability to limit square footage or the number of units during any
subsequent development order based on the trip generation limit. Any future
occupant change that increases trip generation per ITE trip generation guidelines
will require Transportation review and may not be allowed, if the total proposed
trips exceed the maximum impact listed in this condition.
4. UTILITIES
The project shall utilize well and septic systems until central water and sewer are
available.
16
Fakahatchee Plaza CPUD
Revised: December 29, 2009
178
5. LIGHTING
A. If a streetlight or an area light is required, it shall be of the type specified to
protect neighboring properties from direct glare. Area lighting shall be shielded
such that direct rays do not pass property lines.
I. Where required, the street lamp shall be of the high pressure
sodium type and be a "cobra head with flat bottom" style or be
fully shielded so that light is directed only downward.
2. Parking lot lamps shall be low-pressure sodium type lamps or as
specified in item jji) below and shall be mounted so that they point
downward without direct rays extending past the parking lot,
building entrance, walkway, or other area intended to be
illuminated. Lighting design shall be such that light intrusion into
the native vegetation areas adjacent to residential lots is
minimized.
3. Exterior lighting shall be limited as follows to decrease the
ambient light intrusion on adj acent properties and the Estates in
general:
1. All outside lights shall be limited to 250 watts HID or lumens
equivalent except for code required life/safety lighting such as exit
signs, stairwell and landing lighting, etc.
II. All exterior lamps must be full shielded.
iii. All landscape lighting must be fully shielded and no landscape up-
lighting shall be permitted.
6. OTHER
Hours of operation for all uses with the exception of Public Order and Safety
Facilities shall be limited to 6am to 10pm.
17
Fakahatchee Plaza CPUD
Revised: December 29, 2009
17B
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 2010-01
Which was adopted by the Board of County Commissioners
on the 12th day of January, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of January, 2010.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County commissiong~s
By:
(lu.u ~OC r
Ann JeWjoQ,
Deputy Clerk