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Ordinance 97-28 ORDINANCE NO. 97-28 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 T' 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 MAP NUMBER 9536S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM INDUSTRIAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PROGENY COMMERCE CENTER FOR INDUSTRIAL USES, LOCATED TWO BLOCKS EAST OF AIRPORT PULLING ROAD ON THE NORTH SIDE OF RADIO ROAD, IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.27 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Thomas E. Killen, representing Progeny Corporation, 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 36, Township 49 South, Range 25 East, Collier County, Florida, is changed from "I" Industrial to "PUD" Planned Unit Development in accordance with the Progeny Commerce Center PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 9536S, 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 J day of r~r=z_~ 1997. .... .............. BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY P~YD-97-70SDIMANCE! Thls ordinance f|!~d w;th the 'f;H r ~lved this ~ d~/ -2- TH~PROGANY COMMERC~,f~'E'NTER A PLA~ ~IT D~~ R~ATIONS AND SUPPORTING MAS~ PLAN ~NI~G ~ PR~ANY ~O~CE C~R A PLANH~ ~IT D~PM~ PURSUANT ~ PROVISIONS OF COLLIR COU~Y LAND D~P~ CODE. PREPARED FOR: PROGAN~ CORPORATION 3527 RADIO ROAD NAPLES, FLORIDA 34104 PREPARED THOMAS E. KILLEN ARCHITECT & PLANNER NAPLES, FLORIDA 34109 DATE REVISED BY CCPC DATE APPROVED BY BCC ___fi~4~/97 ORDINANCE NUNBER 97-28 AMENDNENT AND REPEAL Exhibi~ ~A~ e TABLE OF COr~TENT8 PAGE TABLE OF CONTENT i LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE · SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1 thru 2 SECTION II PROJECT DEVFJ~OPMENT I thru 2 SECTION Ill COMMERCIAL AREAS PLAN 1 thru 2 SECTION IV DEVELOPMENT COMMITMENTS , 1 thru 4 i LIST OF EXHIBITS EXHIBIT "A" PUD Master Plan STATEMENT OF COMPLIANCE The development of en approximate 9.27 acre tract of property in Collier County, as a Planned Unit Development to be known as The Progeny Commerce Center and will be in compliance sith the planning goals and objectives of'Collier County as set forth in the Growth Management Plan. Xn particular The Urban District of the Collier County Future Land Use Element pp. LV-1-39. Cosaercial Project 1. The property is designated Industrial on the Future Land Use Map to the Future Land Use Element of the Growth Management Plan. The Future Land Element provides for transitional uses at the perimeter of industrially designated areas which may include appropriate types of commercial uses.The introduction of some commercial uses of the type herein proposed is therefor ,:onsistent with the transitional use theme for perimeter uses at the boundary of Industrially Designated Areas. 2. The subject tract is located tNo blocks east of Airport- ' Pulling Road on Radio Road. This strategic location allows the site superior access for the placement of commercial activities. 3. The property shall be in compliance with all applicable County regulations including'the Growth Management Plan. 4. The project sill be served by a complete range of services and utilities as approved by the County. 5. The project is compatible sith adjacent land uses through the Collier County Future Land Use Element. 6. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. ° iii SECTION l 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 na-e of Progeny Commerce Center. 1,2 LEGAL DESCRIPTION The subject property being 9.27 acres, is described as: Section 36, Township 4b South, Range 25 East, E SE 1/4, SW 1/4, and W 1/2, SE 1/4, SE 1/4, SW 1/4, less the South 70 feet thereof, Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Progeny Corporation, 3527 Radio Road, Naples, Florida 34104 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in Section 36, Township 49 South, Range 25 East, 3527 Radio Road, Naples, Florida 34104 B. The zoning classification of the subject property prior to the date of this approved POD 'Document was Industrial (X). 1-1 PHYSICAL DESCRIPTIO~ The project is comprised primarily of existing Warehouse Facilities and open storage. The project is presently serviced by Collier County Utilities for sanitary se~er and the City of Naples Utilities for Nater. Elevations .ithin the project site range from 6.8 to 10.0 feet above mean sea level. Most of the area, he.ever, falls Nitbin the 8.3 to 9.3 feet of elevation category. The existing site has been filled. The amount of caprock is minimal. All of the site is in Flood Zone X according to Firm Map 0394-D. The soil type on the site is primarily lmmokalee fine sand. Soil characteristics .ere derived from Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture [Soil Conservation Service) in March ~954. SHORT TITLE Thin Ordinance shall be kno,n and cited as the "Progeny Commerce Center Development Cx'dinance". SECTION I l PROJECT DEVKLOPNENT RF~UIRENENTS 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 land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of The Progeny Commerce Center shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Nanagement Plan in effect at th~ time ~f building p~rmit application. Where these regulation~ fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall · apply. B. Unless otherwise noted, the definitions of all terms are the same as the definitions set forth in Collier County Land Development Code in effect at the time building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of The Progeny Commerce Center 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 other sections of the land development code where applicable remain in full fbrce and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2-q 2.3 pESCRIFTION OF PROJEGT PLAN AND PROPOSED La~D USES A. The project Master Plan, including layout of streets and use of land, is iljustrated graphically by Exhibit "A", PUD Master Development Plan. Separate tracts may be established at a subsequent time frame depending upon the sequenue of development decisions. B. Xn addition to the various area and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. SECTION lll LAND USE PI~N 3.1 PURPOSE The purpose of this Section is to identify the type of land uses and development standards that will be applied to development areas so designated on Exhibit "A". 3.2 USES PERMITTED No building.or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other then the following: PERMITTED USES 1. Any use of land authorized as a permitted use Ln the "l" Industrial and "BP" Business Park Zoning District · pursuant to the Sections 2.2.16.2.1, 2.2.~6-1/2.2.1 of the Land Development Code by reference is hereby made a part of this PUD. 2. Home Furniture, Furnishings and Equipment Stores per Section 2.2.~5.2.1.6 of the Land Development Code. 3. Building Material, Hardware and Garden Supply per Section 2.2.~5-1/2.2.1.5 of the Land Development Ccxie. 3.3 DEVELOPMENT STANDARDS Dimensional Standards A. MINIMUM LOT AREA: Ten thousand (10,000) square feet. B. MINIMUM LOT HIDTH: Seventy-five feet (~5'). e C. MINIMUM YARD REQUIREMENTS: (i) From Radio Road - Fifty (50) feet. (ii) From Perimeter Boundary - Twenty-five (25) feet. (ili) From Internal Driveways - Ten (10) feet. (iv) Between Buildings. (Side yards). Unified Plan - 1/2 the sum of the height of walls from one another but not less than fifteen (15) feet. On Individual Fee Owned Lots. - Ten feet. (v} Where this PUD does not provide specific standards Section 2.2.16.4 Dimensional Standard of the Land Development Code shall apply. D. MAXIMUM HEIGHT: Fifty feet (50'). E. ~!M_U~_.._FbgQB .... ~EA OF PRINCIPAL ~T~GTU~S__.' One thousand (1,000) square feet for each building on the ground floor. F. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS: Off-street parking and Off-street loading requirements per Division 2.3 of the Land Development Code shall be required. Individual Tracts may have separate and exclusive accessways and parking areas or may, in any combination of Tracts, share accessways and parking lots, so that any two or more of the Tracts can function together as a single shopping center. Any such shared accessways or shared parking facilities shall be formally recognized by publicly recorded easements. O. LANDSCAPING: As required in Division 2.4 of the Land Development Code except that the width of the landscape buffer along Radio Road shall be twenty (20) feet. The landscape buffer along the Radio Road frontage shall be constructed in conjunction with the first final site development plan approval. No chain length fence shall be allowed within the Radio Road required landscape buffer. H. MERCHANDISE STORAGE AND DISPLAY: Unless specifically permitted for a use, outside storage or display of merchandise is prohibited. I. SIGNS: As required in Division 2.5 of the LDC. J. ARCHITECTURAL STANDARDS: The provisions of Division 2.8 Architectural and Site Design Guidelines and Standards shall apply to those uses authorized under Section 3.2. 3-2 SECTION IV DEVET~DPMENT 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 facilit~es shall be cons'~ructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all a~plicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or st&ted otherwise, the standards and specifications of Division 3.2. of the Land Development Code shall apply to this project even if the land 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 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. Xn addition, any successors in title or assignee'~ of the developer are bound by the commitments within this document. 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 subseq~ent approval phase as may be required at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code 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 oi all service utilities end all common areas in the project. 4.4 SIGNS All signs shall be in accordance with Division 2.5. of the Land Development Code 4.5 ENVIRONMENTAL AND LANDSCAPING ENVIRONMENTAL An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. ' LANDSCAPING All landscaping for parking erase 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, except as otherwise herein provided. ENGINEERING A. The Developer is required to satisfy the requirements of all County ordinances or codes in effect prior to or c. Dncurrent with any subsequent development order relating to this site. This includes, but is not limited to, Preliminary Subdivision Plats, Site Development Plans, and any other application that will result in the issuance of a final or final local development order. B. Platting is required in'accordance with Collier County Subdivision Regulations, if any lots, tracts, or parcels are to be sold. C. Access to each parcel of land created as a result of platting shall be limited to the internal street system. D. Work within the Collier county right-of-way shall meet the requirements of the Collier County Rights-of-Way Ordinance No. 93-64. E. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2. 4-2 4.7 UTILITIES The development of this PUD Mas~er Plan shall be subject to and governed by the following conditions: A. The sewage collection and transmission system to serve this project is to be designed, constructed, conveyed and/or owned and maintained in accordance with Collier county Ordinance 88-76, as amended, and all other applicable State, Federal and County rules, regulations and policies. Sanitary sewer facilities constructed within platted public ,rights-of-say 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 rights-of- say shall be owned, o~erated and maintained by the developer, his assigns or successors. B. Upon completion of construction of the sanitary sewer facilities within the project, the facilities shall be tested to insure 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 to appropriate County Ordinances and Regulations in effect at the time of permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. D. Water service will be provided to the site by the City of Naples. 4.8 TRANSPORTATION e A. Arterial level street lighting shall be provided at all project access points shun an internal roadway is established which interconnects with Radio Road. 4-3 B. There is an existing eastbound direction median opening located at the existing driveway entrance near the eastern end of the property. In addition, there is & full median opening located at the western property access. In the event this property i~ redeveloped from mini-storage and outside storage, the provisions of Ordinance 93-64 will require that westbound right turn lanes be installed. Compensating right-of-way shall be required as a consequenC.s of the installation of this turn lane at the time of Final site development plan approval and pursuant to the provisions of Section 2.2.20.3.7 of the Land Development Code. In the event the applicant does not comply with the requirements of Resolution 92-422, the Collier County Access Management Policy,! the existing median openings and median turn lanes shall be subject to removal. C. Prior to any re-development of the property, a positive drainage outfall shall be identified. 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. 97-28 Which was adoptedby the Board of County Commissioners on the 24th day of June, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of June, 1997. DWIGHT E. BROCK ~ -. Clerk of Courts and:ielerk Ex-officio to Board~of County Commissione~ :- ~By: Maureen Kenyon :,..~ . Deputy Clerk