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HEX Final Decision 2021-06HEX NO. 2021-06 HEARING EXAMINER DECISION DATE OF HEARING. January 14, 2021 PETITION. PETITION NO. CUD PL20200001534 - A request to determine that a propane distribution facility is a comparable and compatible use within the industrial designated area of the Whitelake Industrial Corp. Park PUD, as authorized in section 3.2.A.36 of Ordinance 01-59. The subject property is within the Activity Center #9 Overlay zoning district and located between Plover Ave. and Whitelake Blvd. in Section 35, Township 49, Range 26, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The applicant, having a contract to purchase the described property, has applied for a Zoning Verification Letter — Comparable Use Determination that requests confirmation that a wholesale gas storage and distribution center (SIC 5171), is comparable and compatible with the similar wholesale distributors on nondurable goods permitted by right in Section III of the Whitelake Industrial Corp. Park PUD, Ordinance No. 01-59. STAFF RECOMMENDATION. Approval with conditions. FTNDTNGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial Public Hearing Waiver related to conducting the public hearing electronically and in -person. 5. The Petitioner and/or Petitioner's representative presented the Petition, followed by County staff and then public comment. Page 1 of 3 ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 10.02.06.J and K (Zoning Verification Letter, Comparable Use Determination) of the Land Development Code to approve Petition. It is noted that after the submittal of this Petition, Ordinance 2020-44 modified the process to eliminate the need to submit a Zoning Verification Letter (ZVL) with an application for a Comparable Use Determination (CUD). However, since the review of a ZVL is redundant to the analysis preformed for the CUD review, Section 10.02.06.K provides the current CUD provisions, and the Hearing Examiner finds that there is enough competent, substantial evidence as applied to these criteria to approve the Petition. DECISION. The Hearing Examiner hereby APPROVES Petition Number CUD PL20200001534, filed by Jared Beck of Stantec Consulting Services, Inc. representing K&C Holdings of SW Fla, Inc., with respect to the property as described in the Whitelake Industrial Corp. Park PUD, Ordinance No. 01-59, for the following: • To affirm a zoning verification letter, issued by the Planning and Zoning Division in which County staff determined that the proposed use of propane storage and distribution facility (SIC 5171) is comparable in nature to other permitted principal uses in the Industrial designated area under section 3.2.A.36 of the Whitelake Industrial Corp. Park PUD, Ordinance No. 01-59. Said changes are fully described in the Zoning Verification Letter attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Zoning Verification Letter LEGAL DESCRIPTION. See Ordinance No. 01-59 CONDITIONS. All other applicable state or federal permits must be obtained before commencement of the development. Page 2 of 3 DISCLAIMER. Pursuant to Section 125.022(5)F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS. This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. / 9...Z.t..........._ January 27, 2021 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 3 of 3 EXHIBIT "A" Co)*er County Growth Management Department Zoning Services Section November 11 "', 2020 Jared Beck Stantec Consulting Services Inc. 901 Ponce de Leon Blvd. Coral Gables, FL 33134 Zoning Verification Letter: Comparable Use Determination (ZVL-CUD)-PL20200001534; Comparable Use Determination for 3580 Plover Ave AKA: White Lake Corporate Park Phase Teo Lot 37 in Section 35, Township 49, Range 26 of unincorporated Collier County, Florida. Property ID/Folio Number: 81790002366. To whom it may concern, This letter is in response to a Comparable Use Determination (CUD) Application that you submitted on behalf of your client, Suburban Propane, LP. You specifically seek a determination from the Planning Manager and approval of said determination from the Board of County Commissioners that a wholesale gas storage and distribution center is comparable and compatible with the permitted uses within the existing PUD. The applicable CUD regulations are contained in sections 2.03.00.A and 10.02.06.J of the Collier County Land Development Code (LDC), Ordinance 04-41, as amended. Zoning: The current Official Zoning Atlas, an element of the LDC, reveals the subject property has a zoning designation of Planned Unit Development (PUD) called White lake Industrial Corp. Park as established by Ordinance 2001-59, as amended, as well as the Activity Center #9 Overlay district. The subject property comprises +/-1.22 acres and is designated to be all commercial development. Allowable cotnmercial principal uses are listed in Section III (3) of the PUD document. The requested SIC classifications are not specifically listed; however, listed use #36 reads: "Any other use which is comparable in nature to the forgoing land uses as determined by the Collier County Planning Services Director. " Section 10.02.06.J. I .b. of the LDC states that the County Manager or designee may issue a zoning verification letter to determine whether a use within a PUD is consistent and compatible with the surrounding uses within the PUD. To be effective, said zoning verification letter shall be approved by the Board of County Commissioners by resolution at an advertised public hearing. You have provided a justification statement to support that the proposed use is compatible and consistent with the similar wholesale distributors of nondurable goods which are listed as permitted use #35 in the subject PUD, Ordinance 2001-59. With respect to comparability, the applicant states the proposed use will operate similar to produce and other food distributors who distribute goods that can only be uses once or for a short period of time before they are rendered useless. The proposed Suburban Propane facility within the White Lake PUD will allow for storage and distribution of propane, a liquid fuel that can be considered a nondurable good that can only be used once or for a short period of time before rendered useless. Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 9 239-252-2400 • www.colliergov.net Zoning Verification Letter ZLTR(CUD)- PL20200001534 2of2 Ultimately Zoning Staff finds that the proposed propane distribution facility is comparable and compatible with the permitted wholesale distributors of nondurable goods specifically produce and other food distributors. Conclusion: Zoning Division Staff s analysis concludes that the business and operational characteristics of the proposed propane distributor is comparable and compatible to those uses listed in the White lake Industrial Corp. Park PUD. Staff further finds that the subject application and opinion are consistent with the GMP, and the LDC. The Zoning Division Staff analysis is based upon the term "compatibility" which is defined in the LDC as follows: "A condition in which land uses or conditions can coexist in relative proxi►nity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. " The term "comparable " is generally defined as having features in common with something else or having equivalent or similar attributes. "Consistent" pertains to accuracy and the way such arguments have been made over time. The Zoning Manager has reviewed the subject application and submittal documents and finds the proposed justification to be compelling. Based upon the information contained herein, it has been concluded that Wholesale distributor of Propane is comparable and compatible to the penmitted uses within Whitelake Industrial Corp. Park PUD. This determination must be approved by the Board of Zoning Appeals to become valid; you will be notified of a hearing date and time. Disclaimer: Issuance of a development pen -nit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fiilfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. Please be advised that the infonmation presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. Should you require additional information or have any questions, please do not hesitate to contact me at (239)252-2471 or e-snail: Parker.Klopf@colliercountyfl.gov. Researched and prepared by: b4�^N..��uu b/ Nbp9arker Gn. E•ragNx.,a�we�pnw+ cr..rKpvrte. WLGS Ux.nca ,Guw KlopfParkero";� �5��'��"�' R�W}n�OU+GNG W+ OU-N DC+Drc. L S�. Cw G�oxN Reisar�l appov)p thsa m eneni CaMaclk 2]9352�)1 Oa:a' 11.1) 1) la 25-05'00' Parker Klopf, Planner Zoning Services Section Reviewed by: Digitally signed by bellows r belloDate: 202 _ Date:0.11.13 13:47:22-05'00' Raymond Bellows, Zoning Manager Zoning Services Section Collier County Property Appraiser Property Summary Site 3580 Parcel No 81790002366 Address PLOVER Site City NAPLES *Disclaimer AVE Name / Address K & C HOLDINGS OF SW FLA INC 5575 MERIDIAN WAY Site Zone 34117 Note City OAKWOOD State GA Zip 30566 Map No. Strap No., Section Township Range Acres *Estimated 41335 712555 3741335 35 49 26 1.22 Legal WHITE LAKE CORPORATE PARK PHASE TWO LOT 37 Millage Area 0 31 Millage Rates 0 *Calculations Sub./Condo 212555 - WHITE LAKE CORPORATE PARK PH School Other Total Use Code 0 40 - VACANT INDUSTRIAL 5.016 6.4786 11.4946 Latest Sales History 2020 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book -Page Amount Land Value $ 622,200 01/11/07 4168-1701 $ 745,800 (+) Improved Value $ 0 03/08/05 3748-461 $ 1,082,800 (_) Market Value $ 622,200 (-) 10% Cap $ 290,055 (_) Assessed Value $ 332,145 (_) School Taxable Value $ 622,200 (_) Taxable Value $ 332,145 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Aerial Site 3580 Site Zone Parcel No 81790002366 Address PLOVER Site City NAPLES *Note 34117 *Disclaimer AVE Open GIS in a New Window with More Features. fN�l SM6 Itso'a'ol a-minoe.3111OJ S K9, Z O_ N O U O rn N w� O z to �rn J LL w i N V zO N a °1 O w W N z Z co O U i V as2 O F U w 0w fz fEr Z Y Q W O 0OLv J U a _wm aZY'N Q U a aSan a 0Ozlw-a NOz0u =�z z H LL Oa U. 0 rW_—z aKOOZW f QOONW S F QmWFwzwl W ,Zoom, W ZZUmO OOWO w0= ~ w UaW-ZWK mz2X NLL 7aW 1la.>0Nz } F co Q r OmUa_ n a t2x vuroluian�ltnr aa� [ YJIAOOIL fOYrOxYI/ Ix31Ld013A30 sr/1 nrrtrurand /lszro so-u ovu�srwvana llros c{lrol srs�st-vroa natro tZZ•I{ r-lbr00 Z{•1'r r:-!{ rtProa Lsari {u�n l/s�n•t•roa n•rsel rfuano Jai LLSLro urco 'I.Is covw ft�l{ P/Pr00 16•1l.i lK{ Ir1lttMnd [btl it lK{ KMn, o t{S-t /fE{ PEMJ i{�llro 001 L{ CtPY00 i{•l l•L {l2{ i[MIMOnd ChllL 1{-JOl E<{ fOfYod Of 11 El Pn JxcKua rtel�l rra lerroa Otril1 rry Jn�mx raerl L-u sae-Irna LPzft 0313130 /310x ONW u { X w W O � Z ZO N Al m ' N-7nA�x37 z�o W IH BUR 3 aa333 3 C: •saoinosai oi6oloeeiloie jo ouolsly 6uileu6lsep eomos Ajuno0 83H10 JNINOZ=NOISIA3il 1SVl ImWo ay1 eje sdeyy Allllgegad leo'6o1o9e43Jy13uO1slH ayl 6 17A7 UNITED STATES DEPARTMENT OF LABOR • ■T (Q SEARCH OSHA OSHA v STANDARDS V TOPICS V HELP AND RESOURCES V Contact Us FAQ A to Z Index English Espanol Description for 5171: Petroleum Bulk stations and Terminals Division F: Wholesale Trade I Major Group 51: Wholesale Trade -non -durable Goods Industry Group 517: Petroleum And Petroleum Products Menu 5171 Petroleum Bulk stations and Terminals Establishments primarily engaged in the wholesale distribution of crude petroleum and petroleum products, including liquefied petroleum gas, from bulk liquid storage facilities. ■ Petroleum bulk stations and terminals -wholesale UNITED STATES DEPARTMENT OF LABOR Occupational Safety and Health Administration 200 Constitution Ave NW Washington, DC 20210 V 800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssista nce. gov USA.gov No Fear Act Data U.S. Office of Special Counsel SIC Search Division Structure Major Group Structure OCCUPATIONAL SAFETY AND HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act Read the OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THE SITE Freedom of Information Act Privacy & Security Statement Disclaimers Important Website Notices Plug -Ins Used by DOL Accessibility Statement ® Stantec Memo To: Collier County Planning & Zoning From: Jared Beck, AICP Division 2800 North Horseshoe Drive Stantec Consulting Services, Inc. Naples, FL 34104 901 Ponce de Leon Blvd. Coral Gables, FL 33134 File: 215615844 - White Lake Corporate Date: October 15, Park 2020 Reference: Revised Request for Zoning Verification Letter - Comparable Use Determination Ordinance No. 01-59 & 18-45 / White Lake Corporate Park Planned Unit Development Address: 3580 Plover Avenue, Naples FL. 34117 / Parcel No. 81790002366 Stantec (Agent), representing Suburban Propane (Applicant / Property Owner), a wholesale distributor of propane, requests a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of wholesale gas storage and distribution (SIC Code No. 5171 - "Petroleum Bulk Stations and Terminals") is comparable and compatible with the uses permitted within the White Lake Corporate Park Planned Unit Development located at the northeast intersection of Interstate 75 and Collier Boulevard in Collier County. This request for Comparable Use Determination is necessitated by Applicant's proposed development of a propane storage and distribution facility on Parcel No. 81790002366 along Plover Avenue, within the "Industrial Development Area" of the 144-acre White Lake Corporate Park Planned Unit Development. The White Lake Corporate Park was originally approved by the Collier County Board of County Commissioners in 2001 (Ord. No. 0 1 -59) and was subsequently modified once in 2018 (Ord. No. 18-45). The PUD is approved for a mixture of heavy commercial and light industrial uses including but not limited to wholesale trade of durable and non -durable goods, automotive dealers and gasoline service stations, building materials, hardware and garden supply facilities, carwashes, business services and various other uses. As of today, most of the White Lake Corporate Park PUD is developed with a mixture of such approved uses and ne#Gble teRGr,fc thGi GFe ,-.,.,,,r,GFGbI9 GP4€empGtible the areed{�r storage fl.rilifsr These permitted nr�rl�fGo'.�c isar lhrv+Gro rr.nc:�Jorari by flea A ppliC-Gnf to be r• .4d MOre infnnro rv,r}n, .fGGt ,r uses sii GrTincluding Pelican Wire, an engineering wire manufacturer; The Parker Hannifin Corporation, a manufacturer of motion and control technologies; and Roush Industries, a transportation industry manufacturer. Other uses 1het A ppliieoRt Gonsiders fa be-compGFoble and GGMPGfibI9 todeveloped within the rf^r^^e fGei4y alseWhite Lake PUD include tense. flex / warehouse and storage type uses such as: Gulfside Elevator and Cab Interiors, Great Lakes Case & Cabinets, Five Star Gourmet Foods, and Coast Pump & Supply Co Inc, among others.. The proposed propane storage and distribution facility will consist of two large propane storage tanks (approximately 9' by 66' each) situated along an internal one-way private driveway that varies between 20' to 30' in width; an approximately 1,500 square foot single -story office building; four (4) parking spaces per the County's Land Development Code ("LDC") (including one (1) handicap space); and a five-foot sidewalk that connects to an existing sidewalk along Plover Avenue. Access ra \\usO226- pa(ssq�Nw *9roap221S6\ac4vek3 V6l 5W\pdonning\opp5cations\01 comporoble use delerminotion\03 submAtat 2020xxO8Vev02\memstnkethrough �nderEne.comporoble use determ�nauon y 05 20201015.docx October 15, 2020 Collier County Planning & Zoning Division Page 2 of 3 Reference: Revised Request for Zoning Verification Letter - Comparable Use Determination Ordinance No. 01-59 & 18-45 / White Lake Corporate Park Planned Unit Development Address: 3580 Plover Avenue, Naples FL. 34117 / Parcel No. 81790002366 to the site is proposed to be restricted via a 6' chain link fence on the northern and western project boundaries, an existing stone wall along the eastern and southern project boundaries and rolling gates on either side of the private driveway. To ensure compatibility with existing uses within the White Lake Corporate Park PUD and the surrounding area, the proposed facility will be developed in order to adequately screen and buffer the site from adjacent properties. In Accordance with Section 4.06.02 of the County's LDC the site will be developed with 20' Type-D landscape buffers along both the northern and southern project boundaries which abut Plover Avenue and White Lake Boulevard and 5' Type -A landscape buffers along the eastern and western property boundaries which abut existing or future industrial uses. Additionally, in accordance with Sections 4.06.03 and 4.06.05 of the LDC the site will be developed to include appropriate landscaping along the foundation of the proposed office building as well as around the building's proposed vehicular parking area. Applicant believes that the proposed use of Propane Storage & Distribution Facility is comparable and compatible with uses permitted within the Industrial Area of the White Lake PUD per Ordinance No. 01-59. Specifically, Applicant believes the proposed use is most com arable and compatible with the permitted use of "Wholesale trade -nondurable goods" listed within Section 3.A.(35) of Ordinance No. 01-59. Non -durable goods are defined as those which can only be used once or for a short period of time before they are rendered useless (i.e. produce/food productsJ. The proposed Suburban Propane.. facility within the White Lake PUD will allow for storage and distribution of propane, a liquid fuel that can be considered a nondurable stood that can only be used once for a short period of time before rendered useless. As mentioned prior, the proposed propane storage and distribution facility will consist of two 2 large propane storage tanks situated along an internal on -way private driveway. This driveway will be utilized by trucks to access the stora e tanks and transport/distribute propane to other off -site facilities customers of Suburban Propane. It is unlikely that the proposed use of propane storage and distribution facility will result in a substantial increase to existing traffic and trips generated by the White Lake PUD. A number of uses similar to the proposed use are already developed within the PUD and consist of the warehousing stora e and distribution of goods. These uses mostly refer to the uses developed within the White Lake PUD which include the manufacturing, storage, and distribution of both durable motion and control technologies and engineering wire) and non -durable goods (gourmet foods). These types of existing uses developed within the PUD already involve the periodic entry of truck traffic into and out of the White Lake PUD and therefore it is not anticipated that the development of the proposed propane storage and distribution_ facility will generate any additional transportation impacts above those already generated by the industrial uses permitted via Ord. No. 01-59 and developed within the PUD to date. Further, the proposed site and the White Lake PUD's general location along Interstate 75 allows for access and proximity to major transportation facilities which are intended to support the development of more intense industrial uses such as those Dermitted and proposed to be develonedl within the White Lake PUD such as the prowne storage and distribution facility. ra \\us0226- pp(ss0;lNwprkgrbgp62■6\agtiyey2'56(58441pbhning\applications\01-comporable_use_determination\03 submittal 2020xx08\rev02\memslrikethrough underline_comporobte use determination v 05 20201015.docx Seplemlaw 40ctober 15, 2020 Collier County Planning & Zoning Division Page 3 of 3 Reference: Revised Request for Zoning Verification Letter - Comparable Use Determination Ordinance No. 01-59 & 18-45 / White Lake Corporate Park Planned Unit Development Address: 3580 Plover Avenue, Naples FL. 34117 / Parcel No. 81790002366 Accordingly, Applicant requests that the proposed development of the site as a propane storage and distribution facility be considered comparable, compatible, and consistent with the list of uses permitted within the White Lake Corporate Park PUD-, specifically "wholesale trade -nondurable goods" listed within Section 3.A.(35) of the PUD Ordinance. Thank You, Stantec Consulting Services Inc. Jared Beck, AICP Associate, Planning Mobile: 239 821 2765 jared.beck@stantec.com ro \\us022b- p'p�ssAl �wprkgro40.\2156\ocl�ve\2 t561 UH4�plphning\applications\01 comparoble_use determination\03 subm,llal 2020-08vev02\memslnkelhrovghc�derkne_comparoble_use_determination v 05 20201015 docx 881p>>>? ORDINANCE NO. 01- 59 �7 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE deb COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER ftrz COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9635S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WHITE LAKE INDUSTRIAL CORPORATE PARK PUD, FOR PROPERTY LOCATED NORTHEAST OF AND ADJACENT TO THE INTERSECTION I-75 AND COLLIER BOULEVARD (C.R. 951), IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 144.4+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 93-01, THE FORMER WHITE LAKE INDUSTRIAL PARK PUD; AND BY PROVIDING AN EFFECTIVE DATE. r WHEREAS, RWA, Inc., representing William T. Higgs, petitioned the 130Ard Commissioners to change the zoning classification of the herein described real property!. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF--, � m COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: County w� q9UNTY On The zoning classification of the herein described real property located in Section 35, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9635S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO. Ordinance Number 93-01, known as the White Lake Industrial Park PUD, adopted on January 5, 1993 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. _I_ PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this OU"_ day of -EP—, 2001. 'k# �if- T-E.,-IIMO{, Clerk Attest- ss':�D Xhairsan's Approved as to Form and Legal Sufficiency —Y�V. dh s * yy) - �,c� Marj�ie M. Student Assistant County Attorney Gladmin/PUD-92-08(1 yCB/cw BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M JAK4tS D. CARTER,CHAIRMAN This ordinance filed with the Secretary of St te`s office e �Q4day of Cam! Gc�_ and acknowledgement of that foif;na received this day By oo "ca -2- WHITE LAKE CORPORATE PARK I1 PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING WHITE LAKE CORPORATE PARK, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: WILLIAM T. HIGGS 2666 AIRPORT ROAD SOUTH NAPLES, FLORIDA 34112 PREPARED BY: RWA, INC. 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 DATE REVIEWED BY CCPC 9/7/01 DATE APPROVED BY BCC /o/sue fo ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit "A" fik a..s.as�.sM�+w rryav9faou ww.'A-ft— Oft—W ua oaekpom- �omm,mrraYNtnapa.�ulp.as em TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance ii Section I Legal Description, Property Ownership and General Description 1-1 Section II Project Development U-1 Section III Industrial Development Standards III -I Section IV Commercial Area Development Standards IV -I Section V Development Commitments V-I SECTION III INDUSTRIAL DEVELOPMENT AREA 3.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "I", Industrial Development Area on Exhibit "A", PUD Master Plan. 3.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses': 1) Agricultural related services (Industry Numbers 0711-0724, 0761, 0782, and 0783); 2) Apparel and other finished products as defined under Major Group 23; 3) Automotive repair, services, and parking as defined in Major Group 75; 4) Building construction as defined under Major Group 15; 5) Business services (Industry Numbers 7312, 7313, 7319, 7334-7336, and 7342-7389 ); 6) Communications as defined under Major Group 48; 7) Construction — special trade contractors as defined under Major Group 17; 8) Eating and drinking places (Industry Number 5812); 9) Educational services (Industry Numbers 8243-8249); 10) Electronic and other electrical equipment and components, except computer equipment as defined under Major Group 36; 11) Engineering, accounting, research, management, and related services (Industry Numbers 8711-8733); 12) Fabricated metal products, except machinery and transportation equipment (Industry Numbers 3411-3479, and 3499); 13) Food and kindred products (Industry Numbers 2011-2099). Slaughtering Plants of any kind are prohibited; 14) Furniture and fixtures as defined under Major Group 25; 15) Heavy construction other than building construction -contractors as defined under Major Group 16; 111-2 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. 16) Industrial and commercial machinery and computer equipment as defined under Major Group 35; 17) Leather and leather products (Industry Numbers 3131-3199); 18) Local, and suburban transit and interurban highway passenger transportation as defined under Major Group 41; 19) Lumber and wood products (Industry Numbers 2426, 2431-2499); 20) Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks as defined under Major Group 38; 21) Membership organizations (Industry Numbers 8611 and 8631); 22) Miscellaneous manufacturing industries as defined under Major Group 39; 23) Miscellaneous repair services (Industry Number 7692); 24) Motor freight transportation and warehousing (Industry Numbers 4212 - 4226); 25) Paper and allied products (Industry Numbers 2652-2679); 26) Personal services (Industry Number 7219); 27) Printing, publishing, and allied industries as defined under Major Group 27; 28) Rubber and miscellaneous plastics (Industry Numbers 3021-3089); 29) Stone, glass, and concrete products (Industry Numbers 3211, 3251-3273, and 3281); 30) Textile mill products (Industry Numbers 2211, 2221, 2241, 2251-2259, and 2273-2299); 31) Transportation equipment (Industry Numbers 3714, 3716, 3728, 3732, 3751, 3769, 3792, and 3799); 32) Transportation services (Industry Numbers 4731, and 4783 ); 33) United States Postal Service as defined under Major Group 43; 34) Wholesale trade -durable goods (Industry Numbers 5012-5014, 5021-5049, 5063-5088, 5091, 5092 and 5094); 35) Wholesale trade -nondurable goods (Industry Numbers 5111-5159, 5181, 5182, and 5199); 36) Any other use which is comparable in nature to the foregoing land uses as determined by the Collier County Planning Services Director. 11I-3 B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities; 2) Customary accessory and incidental uses and structures associated with permitted principal uses of this PUD; 3) Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than twenty percent (20%) of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. 3.3 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Front yard setbacks shall be measured from back of curb or edge of pavement, whichever is closer to the structure. B. MINIMUM LOT AREA: 20,000 square feet. C. AVERAGE LOT WIDTH: 100 feet. D. MINIMUM YARDS: 1) Front Yard: 50 feet; 2) Side Yard: 20 feet; 3) Rear Yard: 15 feet; 4) Waterfront: 25 feet; 4) Yards abutting off -site residential land uses: 50 feet; 5) Parcels with two frontages may reduce one front yard by 10 feet. E. MINIMUM DISTANCE BETWEEN STRUCTURES: Placement of structures shall be in compliance with NFPA standards for fire safety, with no less than 10 feet of separation. F. MAXIMUM HEIGHT: 50 feet. G. MINIMUM FLOOR AREA: 1,000 square feet. H. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. OUTSIDE STORAGE: Outside storage of manufactured products, raw or finished materials, or vehicles other than passenger vehicles is permitted in this PUD subject to the provision of screening with a fence at least 7 feet in height above ground level from all adjacent or abutting residentially zoned or developed land. 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