Ordinance 97-14 CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM C-3 TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS DEVOE PONTIAC PUD,
LOCATED ON THE EAST SIDE OF AIRPORT ROAD (C.R'. ;"
31), APPROXIMATELY 250 FEET SOUTH OF GLADES ~ r-
BOULEVARD IN SECTION 12, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, .~.
CONSISTING OF 9.55 ACRES MORE OR LESS; AND BYS]
PROVIDING AN EFFECTIVE DATE.
WHEREAS, BOb Thinnes and Q. Grady Minor of Q. Grady
Minor & Associates, P.A., representing DeVoe Family Limited
Partnership and DeVoe's Inc., petitioned the Board of County
Commissioners ~o 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 12, Township 50 South, Range 25
East, Collier County, Florida, is changed from C-3 to "PUD"
Planned Unit Development in accordance with the DeVoe Pontiac
PUD Document, attached hereto as Exhibit "A" and incorporated
by reference herein. The Official Zoning Atlas Map Number
0512S, as described in Ordinance Number 91-102, the Collier
County Land Development Code, is hereby amended accordingly.
SECTIO~ 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 _// day of
BOARD OF COUNTy COMMISSIONERS
" COLLIER COUNTY, FLORIDA
. ..~TTEST :. ..' ',,
· .' ". · .% BY:_ MOTH · h~NCOCK,' CHAIRMAN
,,,-,,.. ,. ',~':, T~ '~E '
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AS' ~Q';FORMAPP
~3D LEGAL SOFPICIENCy
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MARJOR~ M. STUDENt"'
ASSISTANT COUNTY A~ORNEY c~d
-2-
DE¥OE PONTIAC PUD
A
PLANNED UNIT DEVELOP1VIENT
Regulations and Supporting Master Plan
Governing the DeVoe Pontiac PUD A Planned
Unit Development Pursuant to Provisions of
Th~ Collier C,.'anty Unified Land Development
Code
Prepared For:
DEVOE FAMILY LIMITED PARTNERSHIP
4100 Tamiami Trail North
Naples, FL 34103
Pr~ared By:
Bob Thinned, AICP
Q. GRADY MINOR AND ASSOCIATES, P.A.
elVIL ENGINEER,~ · LAND SURVEYORS · PLANNEI~
3800 VIA DEL RE, Y
BONITA SPRINGS. FL 34134
DATE REVIEWED BY CCPC
r'~'~l~E'~t20. 1997
DATE APPROVED BY BCC ~J,/~//~F . ~
O~n',rA..,4'CE m,'M'e~ F~-/f .
AMENDMENTS AND REPEAL
TABLE OF CONTENTS
Statement of Compliance
SECTION 1 Property Ownership & Description 1-I
SECTION 2 Project Development Requirements 2-1
SECTION i Commercial Plan 3-1
;
SECTION 4 Development Commitme, nts 4-1
EXHIBIT A Master Plan
STA~ OF COMI~LIANCE
The development of approximately 4.55 acres of property in Collier County, as a Commercial
Planned Uait Development to be known as DeVoe Pontiac 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, land development regulations and
applicable comprehensive planning objectives of each of the elements of the Growth
Management Plan for she following r~asons:
1. The' subject property i.~ located in the Urban-Mixed Use District in the Growth
Management Plan for Collier County and is deemed consistent with the Future
Larfl Use Element of ~ Gwwth Management PIn as a consequence of
evaluation through the Zoning Re-evaluation Process. (CEX-020 - EN')
2. The Urban Mixed Use District is intended to accommodate Planned Unit
Developments where erds~ng and planned public facilities are concentrauxl.
3. The subject tract is located near the southeast corner of the C.R. 31 and Glades
Boulevard intersection. This strategic location allows the site desirable access
for commercial development as the site is currently zoned C-3.
4. The pr0j~ct shall be 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.
6. The project is compatible with adjacent land uses through the internal
arrangement of slructures. the placement of land use buffer~ and proposed
development standards contained herein.
7. The Planned Unit Development includes open space to enhance the project
amenities.
0')
SECTION 1
PROPERTY OWNERSHIP AND DESCRIFrlON
1.1 PURPOSE
The purpo~ of this Section h to set forth ~he location and ownership of the property,
and to desc?ibe the existing conditions of the property proposed m be developed under
the project 'name of DeVoe Porm'~c PUD.
1.2 LEGAL DESCRIPTION
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE WF,~T HALF OF SECTION 12, TOWNSHIP 50
SOUTH, RANGE 25 EAST, COLLIFA COUNTY, FLORIDA, BEING MOPE
PARTICULARLY D-ESCIIIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN
N 00'18'50' W, ALONG THE WEST lINE. OF SAID SECTION 12, FOR A DISTANCE OF
2836.80 FEET; THENCE RUN N 89'41 '10' E FOR A DISTANCE OF 70.00 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; 1}tENCE
RUN N 00'18'50' W, ALONG THE EASTERLY RIGHT-OF-WAY LINE (100' R.O.W.)OF
AIRPORT PLHIING ROAD (C.R. 31), FOR A DISTANCE OF 990.00 FEET; THENCE
R. UN N 89'41'10" E FOR A DISTANCE OF 200.00 FEEt; THENCE RUN S 00'18'50" E
FOR A DISTANCE QF 990.00 FEET; THL~ICE RUN S 89'41'10' W FOR A DISTANCE
OF 200.00 FEET TO THE POINT OF BEGINNING, CONTAINING 4.55 ACRES, MORE
OR LESS.
1.3 PROPERTY OWNERSHIP
The subject property is curren~y under the ownership of the David A. Gallman Estate
with SunB,'mk Southwest Florida as l~rsonal r~resentative of the Estate, clo/ay A.
Brett, Sheppard, Breu & Stewart, P.A. DeVoe Family !jmited Partnership has a
Contnct for Sale and Purchase on a portion of the property which is contingent upon
obtaining commercial zoning for an automobile dealership.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The 'project site is located in the west 1/2 of Section 12, Township 50 South,
Range 25 East, approximately 250 feet south of Glades Boulevard on the east
side 'of C.R. 31.
B. The zoning classification of the subject property prior to the date of this
approved PUD Document was C-3.
1.5 PHYSICAL DESCRIPTION
Elevations within the project site range from 6.4 to 8.0 feet NGVD. All of the site is
in Flood Zone AE (elev. ZO') according to Firm Map 120067 0394 D, effective date
of J'une 3, I986.
The soil type on the site is Immohlee fine sand. Soil characteristics were derived from
the Collier County Interim Soil Survey & Narrative Pepon (Revised 1/90 - H.
Yarnatald).
I. 6 PROJECT DESCRIPTION
The project will be a commercial development.
1.7 SHORT TITLE
This Ordiaanc~ shall be k~own and cited as the DeVoc Porm~c PUD Plann~ Unit
Development Ordinance."
(1-2)
SECTION 1
PROJECT DEVELOPMENY REQUIREMENTS
2. I PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of
the tracts included in the project, as well as other project relationships.
2.2 GENERAL'i
A. Regulations for development ofDeVoe Pona~c PUD shall be in accordance w~th
the contents of this ~,ocument. PUD-Planned Unit Development District and
o~'er applicable sections and parts of th~ Collier County Land Development
Code in effect at th~ time of building permit application. Where ~
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 tern~ 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 DeVoe Pontiac PUD shall
become part of the regulations which govern the manner in which the PUD site
may be developed.
D. Unless modified, waived or excepted by this PUD, the provisions of the Collier
County Land Development Code where applicable remain in full force and
effect with respect to the development of the land wl~ch comprises this PUT).
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 of the Adequate
Public Facilities Section of the Collier County Land Development Code at the
earliest or next to occur of either final SDP approval, final plat approval or
buildLag permit issuance applicable to this development.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Conceptual IV[aster Plan is iljustrated graphically by Exhibit "A',
PUD Master Plan.
(2-I)
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. 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 Land Development Code and the platting
laws of the State of Florida.
B. Exlxibit 'A",DEVOE PONTIAC PUD MASTER PLAN, constitute~ the required
PUD Development Plan.
C. If necessary. appropriate instnmaents will be provided at the time of
infrastructure improvements regarding any dedicatio~ and method for
prov. iding perpetual maintenance of common facilities.
2.5 AMENDMENTS TO PUD ?DCUMENT 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.
(2-2)
SECTION 3
COP, fMF, RCIAL PLAN
3.1 PURPOSE
The purpose of this Section is to identify the tTpc of Commercial Uses and
development sumdards that will bc applied to the 4.55 acre DeVcc Pontiac PUD. The
enth'e site will be developed as a commercial project.
3.2 USES PI~ ,RMITTED
No buildingi. or structur~ or part thereof, shall be erected, aiterexi or used or land use, s,
in whole or part, for other than the following:
A. Permitted Principal U.';s and Structures:
1. UvJess otherwise provided for in this section, all permitted uses of the C-
2 district.
2. Apparel and accessory ~tores (groups 5611-5699).
3. Auto and home supply stores (group 5531).
4. Motor Vehicle Dealers (New and Used, group 5511).
5. Business services (groups 7311, 7313, 7322-7338, 7361-7379, 7384,
7389 except auctioning services, field warehousing, bottle labeling,
packaging and labeling, salvaging of damaged merchandise, scrap steel
cutting and slitting).
6. Eating places (5812 on/y). All establishments engaged in retail sale of
alcoholic beverages for on-premise consumption ar~ subject to locational
requirements of section 2.6.10.
7. Food stores (.groups 5411-5499).
8. General merchandise stores (groups 5311-5399).
9. Group care facilities (Category I and II, except for homeless shelters);
care units, except for homeless shelters; and nursing homes, subject to
section 2.6.26.
(3-1)
10. Home furniture, furn/shing and equipment stor~ (groups 5711-5736).
11. Libraries (8321).
12. Marinas (4493), subject to section 2.6.22.
13. Membership organhafions (8611-8699)
Miscellaneous repair services (groups 7629o7631).
15. Mi~ellazzous r~tail (groups 5912-5963 exc~t pawnshops and all ~
~ dealing with secondhand merchandise, 5992-5999).
16. Museums and art galleries (8412)
17. Nondepository credit institutions (groups 6111-6163).
18. Paint, glass and wallpaper stores (5231).
19. Personal services (groups 7211, 7212, 7215, 7216 nonindustrial dry
cleaning only, 7221-7251, 7291).
20. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511o
9532, 9611-9661).
21. Retail nurseries, lawn and garden supply stores (5261).
22. Veterinary services (groups 0742, 0752 excluding ouuide kenneling).
23. Videotape rental (7841).
24. United States Postal Service (4311 exc~t major distribution centers).
25. 'My other general commercial usa which is comparable in nature with
the foregoing uses including buildings for retail, service and office
purposes consistent with the permitted uses and purpose and intent
statement of the district.
B. Permilled Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with principal uses
permitted in this district.
(3-2)
3.3 DIi~fENSIONAL STANDARDS
The following dimensional starelards shall apply to all permitted and accessory uses:
A. M~,lmunl Lot Ar~a: T~a Thousand (10,(X)0) Squar~ Feet.
B. Minimum Lot Width: One Hundr~l Fifty (150') Feet
C, Mjn'b~um Yard Requirements:
,,
1. From Yard: Twenty-five feet (25')
2. Side Yard: Fifteen feet (15')
3. Rear Yard: Fifr~'en feet (15')
4. Waterfront: Twenty-five feet (25')
5. Building ,Sepantion for
Principal Structures Fifteen feet (15') or distance equal to one
half (1/2) the sum of their heights,
whichever is tl~ gruter.
D. Maximtun Height: Fifty feet (50')
E. Minimum Floor Area of Principal Structure: Seven Hundred (700) Square
F. Minimum Off-Street Parking and Off-Street Loading:
As reqiured in Division 2.3, Collier County Land Development Code
G. Landscaping:
As requ'trcd in Division 2.4, Collier County Land Development Code
H. Signs:
O As r~quir~d in Division 2.5, Collier County Land Development Code
(3-3)
SECTION 4
DEVELOPMENT COMMITMENTS
4. I PURPOSE
The purpose of this Section is to set forth the development comminnents for the
development of the project.
4.2 GENERAL
All facilide3 shall be constructed in strict accordance with the Final Site Development
Plan and al~ applicable State and local laws, codes and regulations applicable to this
PUD. Ex.cept where specifically noted or stated otherwise, ~e standards and
specifications of the official County Land Development Code shall apply to this project
even though the land within the PUD is not to be platted. The developer, his successor
and assigns, shall be respom:01e for the commitments oudined in this document.
The developer, his successor or assignee, shall agree to 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 corn~itments within fl,js agr~Tnent.
4.3 PUD MASTI~R 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 2.1.3.5of aae
Land Development Code. amendments may be made from time to time.
B. All necessary easements, dedications or other instruments shall be granr~l to
insure the continued operation and maintenance of all service utilities and all
common areas in the project.
,L,t SCHEDUL~ OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
This PUD shall be subject to' the Sunset Provisions of Sect[on 2.7.3.4 of the
Land Development Code.
:
4. 5 TRANSPOR TA TION
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. Northbound right turn lanes shall be required as shown on the site plan when
p~rmits axe approved authorizing a project entrance. Portions of the turn lanes
are to be striped to inhibit continuous traffic movements along the property
frontage. Compensating rii],ht-of-way for mrn lanes and median areas shall be
dedicated by the applicant to reimbur~ the County for use of existing right-of-
way.
B. The:applicant shah be responsible for the installation of arterial level street
lighting at all project entrances at the time a project entnnce is constructed.
C. The County reserves tr~ right to restrict and/or modify the location and u.~ of
median openings in accordance with Resolution 92-422, Collier County Access
Management Policy, as it may be amended from time to time, and in
consideration of safety or operational concerns.
D. There shall be no additional driveways or acce~ points permitted onto Airport
Road along the entir~ frontage of this site except as shown on the master site
plan submited with this applicaiton.
4.6 WATER MANAGEMENT
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.
(4-2)
:.
4. 7 UTILITIES
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. The sewage collection and wartsmission system to serve this project is to ~
designed, constructed, conveyed and/or owned and maintained in accordance
with Collier County Ordinance 88-76, as mended, and all other applicable
Stare, Federal and County rules, regulations and policies.
Sanitary sewer facilities constructed within platted public fights-of-way shall be
conveyed to the Collier County Water/Sewer District for ownership. operation
and:maintenance. Sanitary sewer facilities constructed in private easements
and/or private platted fights. of-way shall be owned, operated and maintained by
the developer, his assigns or succe~ors.
B. Upon completion of ~,~nstruction of the sanitary sewer facilities within the
projet. t, the facilities shall be tested to insun: they meet Collier County minimum
requirements at which time they will be conveyed to Collier County and/or
remain under private ownership, prior to being placed into service.
C. The developer, his assigns or successors agree to pay all system development
charges at the time building permits are required. pursuant w appropriate County
Ordinances and Regulations in effect at the time of permit request. This
requixement shall be made known to all pwspective buyers of properties for
which building permits will be required prior to the s'mrt of building
construction.
D. Water service will be provided to the site by a 16' water main on Airport Road
that is operated by the City of Naples.
4.8 ENGINEERING
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. Work within the Collier County fight-of-way. shall meet the requirements of the
Collier County Right-of-Way Ordinance No. 93-64.
B. Design and construeiron of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County Land Development Code.
Division 3.2.
(4-3)
:.
4.9 ENVIRONMENTAL
The development of thh PUD Master Plan shall be subject to and governed by the
following condidoas:
A. This Planned Unit Development (PUD) shall be subject to all environmental
sections of the Collier County Land Development Ccde and the Growth
Management Plan Conservation and Coastal Management Element in effect at
the time of final development order approvals.
B. This PUD shall be required to retain 10% of the existing native vegetation on
sit~, by area, in all three strata, as required by the CCLDC Section 3.9.5.5.4.
4.10 SIGNS
All signs -~hall be in accordance with Division 2.5 of the Collier County Land
Development Code.
(4-4)
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 trua copy of:
ORDINANCE NO. 97-14
Which was adopted by the Board of County Commissioners on the llth day
of March, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 12th day of March, 1997.
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DWIGHT E. BROCK ..'' , ..' ....'. ',' '...'-~ ;~ . ~.
Clerk of Courts and~C.-lerk'i :~, '.' ~-::'~.~:.
Ex-officio to Boa~d~of -~-..'~ .......': .~' :. -:[.
County Commission~ ~ ~;!2~]~:.~'.;',~,.~'.~!'::'..' :'- 'j ~
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