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Ordinance 98-084 ~ ,. ORDINANCE NO. 98- 84 .~ RECEIVED ~.. · ~ CBerk -' --. of Board AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE' COLLIER COUNTY LAND DEVELOPMENT CODE WHICH "~ INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR -- .'; THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA !~. "'~ .~ BY AMENDING THE OFFICIAL ZONING ATLAS ~LAP NUMBER 7- -: · 9502S; BY CHANGING THE ZONING CLASSIFICATION OF '~ :' THE HEREIN DESCRIBED REAL PROPERTY FROM "A" - ~,~ AGRICULTURE AND ~PUD" PLANNED UNIT DEVELOPMENT TO ~ ~ "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WALGREEN'S ._ .-~ PUD FOR A COMMERCIAL SHOPPING CENTER, LOCATED AT ~ '--' THE SOUTHWEST CORNER OF AIRPORT-PULLING ROAD (C.R. ' 31) AND VANDERBILT BEACH ROAD (C.R. 862) IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.68 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Mark W. Minor of Q. Grady Minor & Associates, P.A., representing William E. Touloumis, 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: SECTION ONE: The zoning classification of the herein described real property located in Section 2, Township 49 South, Range 25 East, Collier County, Florida, is changed from ~A" Agriculture to "PUD" Planned Unit Development in accordance with the Walgreen's PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Nu~dDer 9502S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 13 day of ~ , 1998. ......... BOARD OF COUNTY COMMISSIONERS .."' " COLLIER COUNTY, FLORIDA ; '~TTES~: "'~" ?~:" BARB. BERR~~~~~~' "' ' °"< : BY: e~.."' signature {,,el3,, '... ',. . ... .. Appro~d .qs"';co ro~m and '~e~,~" Sufficiency c~to~ of ' ' ' Assistant County Attorney -2- WALGREENS A PLANNED UNIT DEVELOPI~fENT Regulations and Supporting Master Plan Governing the WalSreens PUD A Planned Unit Development Pursuant to Provisions of The Collier County Unified Land Development Code Prepared For: Olympia Development Group, Inc. :1454 MclVIullen Booth Road Suite 421 Clearwater, FL 33759 Prepared By: Bob Thinnes, AICP Q. Grady Minor and Associates, P.A. Civil Engineers + Land Surveyors 0 Planners 3800 Via Del Rey Bonita Springs, FL 34134 Date l~led ~5/05/98 Date Approved by BCC 10/13/98 Revision Per BCC 1Q/15/98 ORDINANCE NUMBER 9 8 - 8 4 ~:W~WAL. PUO EXHIBIT TABLE OF CONTENTS Statement of Compliance SECTION I Property Ownership & Descdption (1) SECTION 2 Project Development Requirements (3) SECTION 3 Commercial Plan (6) SECTION 4 Development Commitments (11) EXHIBIT A Master Plan STATEMENT OF COMPLIANCE The development of approximately 15.68:t: acres of property in Collier County, as a Commercial Planned Unit Development to be known as WalSreens PUD, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The project will be consistent with the growth policies, !and development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Activity Center Development 1. The subject property is located in an area identified as an Activity Center in the Collier County Growth Management Plan. 2. Activity Centers are the preferred locations for the concentration of commercial and development activities that contain a mixture of uses. 3. The subject tract is located on the southwest comer of Airl?ort-Pulling Road (CR- 31) and Vanderbilt Beach Road (CR-862) intersection. This strategic location allows ~he site superior access for the placement of comn'~ercial activities. 4. The project is in compliance with all applicable County regulations including the Growth Management Plan. 5. The project will be served by a complete range of services and utilities as approved by the County and/or the City of Naples. 6. The pwject is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the pwposed development standards contained herein. 7. The Planned Unit Development includes open spaces and naturalized open features which serve as project amenities. 8. All final local development orders for this project arc subject to the Collier County Adequate Public Facilities Ordinance. (i) SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Walgreenx PUD. 1.2 LEGAL DESCRIPTION PROPERTY DESCRIYI'ION North '~ of the Northeast ¼ of Northeast ¼ of Northeast ¼ of Section 2, Township 49 South, Range 25 East, Collier County, Florida. Less and excepting the Eastern 100 feet thereof. And The Northwest quarter (NW¼) of the Northeast quarter (NE¼) of the Northeast quarter (NE¼) of Section 2, Township 49 South, Range 25 East, Collier County, Florida, less the following described parcel: Commencing at the Southwest corner of the West ',/2 of the Northwest ¼ of the Northeast ¼ of the Northeast ¼ Section 2, Township 49 South, Range 25 East, Collier County, Florida; thence North 1° 52' 31" West 435.60 feet along the West line of the West ~4 of the Northwest ¼ of the Northeast ¼ of the Northeast ¼ of said Section 2; thence South 89° 57' 36" East 150.00 feet parallel and 435.60 feet from the South line of the West ~/~ of the Northwest 'A of the Northeast ¼ of the Northeast ¼ of said Section 2; thence South 1° 52' 31" East 435.60 feet parallel and 150.00 feet from the West line of the West i/2 of the Northwest ¼ of the Northeast ¼ of the Northeast ¼ of said Section 2; thence North 89° 57' 36" West 150.00 feet along the South ILne of the West I~ of the Northwest ¼ of the Northeast ¼ of the Northeast ¼ of said Section 2 to the Point of Beginning. Bearings based on Emerald Lakes at Bridget Lake Plat Book 15, pages 45 and 46. Containing 15.68 Acres more or less. (1) 1.3 PROPERTY OV~qN~RSHIP The subject property is curren~y under the ownership of Rose Mary Wuerz as Trustee of the Vanderbilt Beach Road Land Trust c/o Christopher Smith, Naples Realty Company, Inc., 6871 Bottlebrush Avenue, Naples, Florida. Olympia Development Group, Inc. has a Purchase and Sale Agreement to purchase the property for the intended use of retail and office development. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the NE 114 of Section 2, Township 49 South, Range 25 East, at the southwest comer of the intersection of Airport-Pulling Road and Vanderbilt Beach Road. The property is currently vacant. B. The zoning classification of the subject property prior to the date of this approved PUD Document was A and PUD. The westerly 10+ acres is zoned PUD for the La Fontann PUD, while the easterly 5 + acres is zoned A, agriculture. The effect of the approved PUD will be a rezoning of the subject property to Walgreens PUD. 1.5 PHYSICAL DESCRIPTION Elevations within'the project site range from 7.3 to 13.5 feet NGVD. All of the site is in Flood Zone 'X' according to Firm Map 120067-0385 D, effective date of June 3, 1986. The soil types on. the site are Immokalee fine sand and Basinget. fine sand. 1.6 PROJECT DESCRIPTION The project will be a high quality community shopping center with a maximum of 156,800 gross square feet of commercial development. The Walgreens PUD may be developed as a single hotel site with a Walgreena drugstore as an outparcel or any combination of outparcels, hotel and shopping center. Th~ number of hotel units shall be calculated at a rate of 26 units per acre based upon the area of the property utilized as the hotel site. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Walgreens PUD Planned Unit Development Ordinance". (2) SECTION 2 PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective !and uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of Walgreens PUD shrdl be in accordance with the contcnt~ of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Wher~ these regulations fail to provide developmental standards then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All .conditions imposed for the development of Walgreens PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Except as modified by this PUD, the provisions of the Collier County Land Development Code remain in full force and effect with respect to the development of the !and which comprises this PUD. E. Development permitted by the approval of this petition will be subject 1o a con~urren~y review under tl~ provisions of Division 3.15 Adequat~ Public Facilities Section of the Collier County Land Development Code at the earliest or next to occur of either f'mal SDP approval, final plat approval or building permit issuance applicable to this development. (3) 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Conceptual MEter Plan is iljustrated graphically by Exhibit *A" , PUD Master Plan. The project shall have a maximum of 1:56,800 gross squar~ feet of commercial development. The Walgreen$ PUD may be developed as a single hotel site with Walgreens as an outparcel or any combination of outparcel(s), hotel and/or shopping center. If a mixed use development, the number of hotel units shall be calculated at a rate of 26 units per acre based upon the hotel site area. Exhibit "A" graphically depicts the two access points to Vanderbilt Beach Road and a single access to Airport-Pulling Road. Road rights- of-way, internal circulation, water management, native vegetation and buffers are depicted on Exhibit "A". In general, the commercial uses would be located in close proximity to the on-site circulation. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. ' Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entir~ a~a covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code and the platting laws of the State of Florida. C. The provisions of Division :3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to or concurrent with the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. (4) 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal insLruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. (s) SECTION 3 COMMERCIAL PLAN 3.1 PURPOSE The purpose of this Section is to identify the type of Corninertial Uses and development standards that will be applied to the 15.68+ acre Walgreen~ PUD. The entire site will be developed as a commercial project. All numerical group references are from the "Standard Industrial Classification Manual - 1987'. 3.2 USES PERMITTED No building or structure or part thereof, shall be erected, altered or used or land uses, in whole or part, for other than the following: A. Permitted Principal Uses and Structures (uses are set forth in SIC Code): 1. Agricultural Services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752-0783 except outdoor kenneling). 2. Amusements and recreation services (groups 7911-7941, 7991!-7993, 7997, 7999). 3. Apparel and accessory stores (groups 5611-5699). 4. Automotive dealers and gasoline service stations (groups 5511, 5531, 5541 in accordance with the requirements of section 2.6.28 of the Collier County Land Development Code and Groups, 5571, 5599 new vehicles only). 5. Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group 7542), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: a. Size of vehicles: Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards: 1. Front yard setback: 50 feet 2. Side yard sethack: 40 feet 3. Rear yard setback: 40 feet c. Minimum frontage: A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. e. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7 of the Collier County Land Development Code. All walls shall be protected by a barrier to prevent vehicles from contacting them. f. Architecture. The building shall maintain a consistent architectural theme along each building facade. g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. Washing and polishing. The washing and polishing operations for all car washing facilities, including s~lf service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any- required yard area. i. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. 6. Building ma. terials, hardware and garden supplies (gwups .5231-5261). 7. Business services (groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, groups 7361-7397 except armored car and dog rental, group 7389 except auctioncoring, bronzing, field warehousing, salvaging of damaged merchandise). 8. Communications (groups 4812-4841) including communications towers up to specified height, subject to section 2.6.35 of the Collier County Land Development Code. 9. Commercial printing (group 2752, excluding newspapers). I0. Eating and drinking establishments (groups 5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption arc subject to the iocational requirements of section 2.6.10 of the Collier County Land Development Code. 11. Engineering, accounting, research, management and related services (groups 8711-8748). 12. Food stores (groups 5411-5499). 13. General merchandise stores (groups 5311-5399). 14. Glass and glazing work (group 1793). 15. Hardware stores (group 5251). 16. Health services (groups 8011-8049, 8051-8059, 8062-8069, 8071-8072 and 8092-8099). 17. Home furniture, furnishing and equipment stores, (groups 5712-5719, 5722, 5731-5736). 18. Hotels and motels (group 7011). 19. Insurance agents, brokers and service (group 6411). 20. Legal Services (group 8111). 21. Membership organizations (groUps 8611-8699). 22. Miscellaneous repair services, except aircraft, business and office machine, s, large appliances, and i, hite goods such as refrigerators and washing .machines (groups 7629- 7631). 23. Miscellaneous re.tail (groups 5912-5963, 5992-5999). 24. Motion picture theaters (group 7832). 25. Museums and an galleries (group 8412). 26. Nondepository credit institutions (groups 6111-6163). 27. Paint, glass and wallpaper stores (group 5231). 28. Personal services (groups 7215, 7217, 7219-7261 except crematories, groups 7291-7299). 29. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611- 9661). 30. Real estate (group 6512). 31. Retail nurseries, lawn and garden supply stores (group 5261). 32. Security and commodity brokcrs, dcalcr, exchangcs and serviccs (groups 6211-6289). 33. Social se~iccs (groups 8322-8399, except for homeless shclters and soup kitchens). 34. United States Postal Service (group 4311 except major distribution center). 35. Veterinary services (groups 0742, 0752 excluding outside kcrmcling). 36. Videotape rental (group 7841). 37. Vocational schools (groups 8243-8299). 38. Merchandise storagc and display: Unless specifically permitted for a use, outside storage or display of mcrchandise is prohibited. B. Permitted Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitw. d in this district. 3.3 DIMENSIONAL STANDARDS The following dimensional standards shall apply to all permitted and accessory uses: A. Minimum Lot Area: Ten Thousand (10,000) Square Feet. B. Minimum Lot Width: One Hundred Fifty (150') Feet C. Minimum Yard Requirements: I. Front Yard: a. Vanderbilt Beach Road and Airport-Pulling Road: The distance equal to the height of the building, but no less than twenty-five feet (25'). b. Internal: Twenty-five feet (25') 2. Side Yard: Fifteen feet (15') 3. Rear Yard: Fifteen feet (15') 4. Waterfront: Twenty-five feet (25') 5. Building Separation for Principal Structures Fifteen feet (15') or distance equal to on~ half (1/2) the sum of their heights, whichever is the greater. (9) 6. Any yard abutting a residentially zoned or used parcel: Twenty-five feet (25') D. Maximum Height: 1. Commercial: Fifty feet (50') 2. Hotel/Motel: Ten (10) stories above finished grade not to exceed 100 feet E. Minimum Floor Area of Princlpal Structure: Seven Hundred ('~00) Square Feet gross floor area for each building on the ground floor F. Minimum Off-Street Parking and Off-Street Loading: As required in Division 2.3, Collier County Land Development Code O. Landscaping and Buffering: As required in Division 2.4, Collier County Land Development Code H. ' Maximum Density: 26 units per acre for hotel/motel when located within an activity center. 16 units per acre when located outside an activity center. 3.4 Signs Sign regulations of Division 2.5 and Division 2.8 of the Collier County Land Development Code shall apply. 3.5 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site it is evident that there is a surplus of earthen material, then its off-site disposal is hereby permitted subject to the following conditions: 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off- site removal shall he limited to I0% of the total up to a maximum of 20,000 cubic yards. 2. All other provisions of said Division 3.5 are applicable. (1o) SECTION 4 DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAL All facilities shall be constructed in strict accordance with the Final Site Development Plan and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.'2. shall apply to this project even if the !and within the PUD is not to be platted. The developer, his successor and assigns. shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer shall be responsible for any commitments within this agreement. ' 4.3 PUD MASTER PLAN A. Exhibit 'A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed tract. lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, changes and amendments may be made from time to time. B. All necessary easements, dedications or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 4.5 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Arterial level street lighting shall be provided at all project access points prior to the issuance of any Certificate of Occupancy. B. Access points shall be coordinated with adjacent development to the west and to the north, such that future traffic signalization may be accommodated. C. Turn lanes shall be provided consistent with Ordinance 93-64 along with compensating right-of-way prior to the issuance of any Certificate of Occupancy. D. The County reserves the right to modify, including full closure, any median opening serving this project. E. The applicant or his successor in title shall be responsible for a fair share contribution toward any future traffic signal serving any access point for this project. 4.6 WATER MANAGEMENY The development of this PUD Master Plan shall be subject to and governed by the following condition: Water Management design and construction shall. conform to Division 3.3.5.5.5.4. of the Collier County Land Development Code. LrfILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project ar~ to bs designed, constructsd, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-75, as amended and other applicable County rules and regulations. (12) 4.8 ENGINEERING The development of this PUD Master Plan shall be subject to and governed by the following conditions: Design and consu'uction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Cede, Division 3.2. ,1.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Petitioner shall retain 1.27 acres of native vegetation on site or mitigate as required in section 3.9.5.:$.4 Collier County Land Development Code. B. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. C. This ~roject is located within a Collier County Groundwater Protection Zone and shall comply with th~ appropriate sections of the Groundwater Protection Ordinar~ No. 91-103 in effect at the time of final development order approval. 4.10 LANDSCAPING FOR Off-STREET PARKING ARE,~bS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-84 Which was adopted by the Board of County Commissioners on the 13th day of October, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of October, 1998. ~ .' .':'.~ . , DWIGHT E. BROCK .:.".,~.~ ~.~,~,.,'.' '°',,,' L.]-. Clerk of Courts and.-'~l~'rk ~"* .-*. '.'* '{.. Ex-officio to Board 6*f.*' r '*' "'*'~ ~ *" County Commissione'r. ']" "~]D '* * "* *': ..~. . ,, : Maureen KenyoD ->'..: ~g." .. ~,?' *~ eputy Clerk *~; ~*,".~.:: .' ..~ ;., :