Ordinance 97-76 · ~ ~ < ORDINANCE 97-
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
~4ENDING THE OFFICIAL ZONING ATLAS MAP
NUMBERED 9627N BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "PUD" AND "RMF-12" TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS ASHLEY'S
SERVICE STATION-GOLDEN GATE, FOR PROPERTY
LOCATED ON THE SOUTH SIDE OF GOLDEN GATE
PARKWAY, IN SECTION 27, TOWNSHIP 49 SOUTH,
RANGE 26 EALT, COLLIER COUNTY, FLORIDA,
CONSISTING OF 1 ACRE, MORE OR LESS;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 90-108, AS AMENDED, THE FORMER
ASHLEY'S SERVICE STATION-GOLDEN GATE PUD;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A.,
representing Ashley Service Station, Inc., 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 CO[~4ISSIONERS OF
COLLIER COUNTY, FLORIDA;
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 27, Township 49 South, Range 26 East, Collier County,
Florida, is changed from "PUD" and "RMF-12" 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 9627N, as described in
Ordinance Number 91-102, the Collier County Land Development Code, is
hereby amended accordingly.
SECTION TWO:
Ordinance Number 90-108, as amended, known as the Ashley's Service
Station-Golden Gate PUD, adopted on December 18, 1990 by the Board of
~County Commissioners of Collier County, is hereby repealed in its
entirety.
-1-
e
SECTION THREE:
This Ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this o~5"day of ~'~/x~.~J~/J, 1997.
TTEST:' .' " "'. BOARD OF COUNTY COMMISSIONERS
DWIGH~ ~..BROCK{"C'i:erk COLLIER COUNTY, FLORIDA
:.
Appr aS. to' F6r~ and
~crete~ of St e's Office the
Legal Sufficienc~
......
,. end ocknowtsdgement of that
filing eceived this
Mar~rie M. Student
Assistant County Attorney ~c~
f/PUD-90-32 I1) ORDINANCr'
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ASHLEY'S SERVICE STATION-GOLDEN GATE
A
PLANNED UNIT DEVELOPMENT
ORIGINALLY APPROVED DECEMBER, 1990
SUBMITTED BY:
YOUNG, VAN ASSENDERP & VARNADOE, P.A.
801 LAUREL OAK DRIVE, SUITE 300
NAPLES, FLORIDA 34108
(941) 597-2814
DATE FILED
DATE REVISED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC 11/25/97 ..
ORDINANCE NUMBER 97 - 76
SECTION I STATEMENT OF COMPLIANCE .................... I
COMPLIANCE STATEMENT ...................... 1
SHORT TITLE ................................ I
SECTION II PROPERTY OWNERSHIP AND GENERAL DESCRIPTION . . . I
INTRODUCTION AND PURPOSE ................... 1
LEGAL DESCRIPTION ....... · ................... 2
PROPERTY OWNERSHIP ......................... 2
GENERAL DESCRIPTION OF PROPERTY AREA ......... 2
PHYSICAL DESCRIPTION ........................ 2
SECTION III pROJECT DEVELOPMENT REGULATIONS ............. 3
INTRODIvCTION .............................. 3
GENERAL INFORMATION ........................ 3
PROJECT PLAN ............................... 3
EASEMENTS FOR UTILITIES ...................... 3
PROJECT PLAN APPROVAL REQUIREMENTS .......... 4
SIGNS ..................................... 4
LANDSCAPING FOR OFF-STREET PARKING AREAS ...... 4
SECTION IV LAND USE REGULATIONS ....................... 5
PURPOSE ................................... 5
GENERAL DESCRIPTION ........................ 5
PERMITTED USES AND STRUCTURES ............... 5
ACCESSORY STRUCTURES ....................... 5
DEVELOPMENT STANDARDS ..................... 5
SECTION V DEVELOPMENT COMMITMENTS ................... 7
PURPOSE ................................... 7
GENERAL ................................... 7
PUD MASTER PLAN ............................ 8
TRANSPORTATION AND ENGINEERING .............. 8
UTILITIES .................................. 9
WATER MANAGEMENT ......................... l0
ENVIRONMENTAL ............................. l0
EXHIBITS
EXHIBIT A Planned Unit Development Master Plan
SECTION I
STATEMENT OF COMPLIANCE
1.1 COMPLIANCE STATEMENT
The development of approximately one (1) acre site in Golden Gate City, Collier County,
as a Planned Unit Development to be known 'as ASHLEY'S SERVICE STATION-
GOLDEN GATE will be in compliance with the planning goals and objectives of Collier
County as set forth in its Collier County Comprehensive Plan and Golden Gate Area
Master Plan. The commercial development of ASHLEY'S SERVICE STATION-
GOLDEN GATE will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives for the following reasons:
A. The property is an approved and improved PUD with gasoline station and
convenience store ~,ses as originally approved in Ordinance No. 90-108.
B. The PUD is designated as Activity Center in the Golden Gate Area Master Plan
which permits the full array of commercial uses. The drainfield use on Lot 19
is an "essential service" that is allowed in any zoning district. The employee
parking proposed on Lot 19 is allowable under the existing RMF-12 zoning
through approval of an off-site parking agreement. Additionally, Lot 19 meets
the Commercial Under Criteria requirements for C-1T zoning which allows
parking lots as a permitted use.
C. The intensities of uses authorized under the existing zoning (PUD and RMF-12)
will be decreased by the elimination of service station repair uses, elimination of
an authorized third service/repair bay and conversion of the two existing bays into
a small fast food restaurant, and elimination of two dwelling units and associated
density on the RMF-12 lot.
D. The project development is compatible and complementary to the surrounding
land uses.
E. Planned improvements will comply with applicable regulations.
F. The project development will result in efficient and economical expansion of
community facilities and services.
1.2 SHORT TITLE
This Ordinance shall be known and cited as "ASHLEY'S SERVICE STATION-
GOLDEN GATE".
SECTION II
PROPERTY OWNERSHIP AND GENERAL DESCRIPTION
2.1 INTRODUCTION AND PURPOS;E
It is the purpose of this Section to express the intent of the Ashley Service Stations, Inc.,
hereinafter referred to as the "Developer". The Developer plans to incorporate a fast
food restaurant within the existing gasoline station/convenience store building on
approximately one (I) acre.
The subject property is located on the southwest comer of the intersection of Golden
Gate Parkway and 471h Street SW.
It is the purpose of this document to establish the standards and guidelines for the future
development of the property along with other information required in accordance with
the Collier County PUD Ordinance.
2.2 LEGAL DESCRIPTION
The subject property being approximately 1 acre, is described as:
Lots 15, 16, 17, 18 and 19, Block 1t4, Golden Gate City, Unit 3,
according to the plat thereof, in Plat Book 5, at Page 104, of the
Public Records of Collier County, Florida and that portion of
vacated alley lying between Lots 15, 16, 17, 18 and 19 described
and recorded in O.R. Book 1583, Page 447, et seq., Official
Records of Collier County, Florida and that portion of Lot 14.
Block 84, Golden Gate City, Unit 3, as subject to and
incorporating the easements as described in O.R. Book 1583, Page
447, et seq.
2.3 PROPERTY OWNERS.HIe
The subject property is currently owned by Ashley Service Stations, Inc.
2.4 GENERAL DESCRIPTION OF PROPERTY AREA
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A. PrOject Site. The project site is located in Section 27, Township 49 South, Range
26 East, Collier County, Florida. It is located at the southwest comer of the
intersection of Golden Gate Parkway and 471h Street SW in Golden Gate City.
B. Zoning Cia~;sification. All of the property, except Lot 19 is currently zoned
PUD, and Lot 19 is currently zoned RMF-12.
2.5 PHYSICAL DESCRIPTI. ON:
Except for Lot 19, which is largely cleared the property is improved with structures as
depicted in Exhibit "A", PUD Master Plan.
SECTION III
PROJECT DEVELOPMENT REGULATIONS
3.1 INTRODUCTION
It is the Developer's in!ention to develop the site as a gasoline station with sales of
convenience items, fast food restaurant and administrative offices.
3.2 GENERAL INFORMATION
A. Regulations. Regulations for development of ASHLEY'S SERVICE STATION-
GOLDEN GATE shall be in accordance with the contents of this document, PUD
and other applicable sections and parts of the Collier County Land Development
Code in effect at the time of building permit application.
B. Definitions. Unless otherwise noted, the definitions of all terms shall be the same
as the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application.
C. Condition~ and Re~;t!ricti0nS. All conditions imposed and all graphic material
presented depicting restrictions for the development of ASHLEY'S SERVICE
STATION-GOLDEN GATE shall become part of the regulations which govern
the manner in which the PUD site may be developed.
3.3 PROJECT PLAN
A. Project Master Plan. The project Master Plan, including layout of the main
building and accessory structures on site is iljustrated graphically by Exhibit "A",
"ASHLEY'S SERVICE STATION-GOLDEN GATE Master Development Plan".
The configuration of the site is iljustrated by Exhibit "A" .
3
B. Land Use. The existing and intended land uses and types of coverage onsite
including impervious, landscaping, open space, parking, attendant information
and the arrangement of the above elements is shown on Exhibit "A", PUD Master
Plan.
3.4 EASEMENTS FOR UTILITIES
Easements have been provided for electric, water, telephone and other utilities.
3.5 PROJECT PLAN APPROVAL REQUIREMENTS
When site plan approval is required by this document, the following procedure shall be
followed:
A. RequeSl .for Site Plan Approval. This PUD ordinance applies for rezoning
purposes only. A written request for site plan approval shall be submitted to the
Planning Service:. Manager for approval. The request shall include materials
necessary to demonstrate that the approval of the site plan will be in harmony
with the general intent and purpose of this document. Such material may include,
but is not limited to the following, where applicable:
1. Site plans at an appropriate gale showing proposed placement of
structures on the properly; provisions for ingress and egress, off-street
parking and off-street loading areas; yards and other open spaces.
2. Plans showing proposed locations for utilities hook-up.
3. Plans for screening and buffering.
4. Plans for proposed signs and lighting.
B. Fees. A fee consistent with the current fee schedule for Conceptual Site
Development Plan approval shall accompany the application.
C. Construction of Sidewalk. The Developer has constructed a sidewalk on the east
side of 471h Street, S.W. from Golden Gate Parkway to 251h Place.
D. Easement. The Developer has previously provided a sidewalk easement along the
east side of the Developer's property to allow for construction of a future
sidewalk.
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3.6 SIGNS
All signs shall be in accordance with the Collier County Ordinance regulating signage
in effect at the time of building permit application.
3.7 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping shall be in accordance with the Collier County Ordinance regulating
landscaping for off-street parking in effect at the time of building permit application.
SECTION IV
LAND USE REGULATIONS
4.1 PURPOSE
The purpose of this Section is to set forth the regulations which shall apply to the
ASHLEY'S SERVICE STATION-GOLDEN GATE.
4.2 GENERAL DESCRIPTION
The entire site shall be developed as a service gasoline station with a mini-mart, with
sales of convenience items, administrative office, service bays, a canopy area with gas
pumps underneath and an area for water and air amenities.
4.3 PERMITTED USES AND STRUCTURES
A. Permitted Principal Uses and Structures:
1. Gasoline station without repairs.
2. Administrative office.
3. Convenience Store - Mini-Mart
4. Fast Food Restaurant.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures, including gas pumps, canopies,
air and water facility, and drive through facility for fast food restaurant.
2. Signs.
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· 4.4 ACCESSORY STRUCTURES
Accessory structures will be constructed simultaneously with the principal structure.
4.5 DEVELOPMENT STANDARDS
A. Lot Size - Minimum Eighteen Th0uSa,nd (18.000) Square Feet:
1. Minimum Frontage: An automobile service station shall not be located on
a lot with less than one hundred fifty (150) feet frontage on a dedicated
street or highway.
2. Minimum Depth: One hundred twenty (120) feet.
B. MinimUm Yards:
1. Principal Structure
a. Front yard setback - 39 feet.
b. Side yard setback - 44 feet.
c. Rear yard setback - N/A.
2. Canopy
a. Front yard setback - 31 feet.
b. Side yard setback - 7 feet.
c. Rear yard setback - N/A.
C. Other Elements:
1. Storage Tanks: Storage tanks shall be located below grade.
2. Lighting: All lights and lighting for the automobile service station shall
be designated and arranged so that no source of light shall be visible from
any residential district. No part of any light structure shall protrude
beyond property lines.
3. Location of Structures. PumpS. etc: The gasoline pumps and pump islam
shall be located no closer than thirty (30) feet to the street property lines
and shall be located no closer than twenty-three (23) feet to any side
property line.
Free standing vents are not permitted.
4. Fence Requirements: All outside trash areas shall be enclosed on all sides
by a five (5) foot high decorative fence or wall which shall conform to all
fence setback regulations. All walls and buildings shall be protected by
a barrier to prevent vehicles from contacting the wall.
5. Outside Display of Products: Petroleum products in cans and windshield
wiper blades may be displayed outside the service station building in the
standard racks provided for such display, provided such racks shall not be
placed closer to a street line than the pump island. There shall be no
outside display or stacking of other merchandise.
6. Trash Facilities: Adequate, completely enclosed trash storage facilities
shall be provided on the site.
7. ;Vehicle Sales: There shall be no vehicle sales conducted on the premises.
8. Drainage: The entire project, excluding the area occupied by a building,
shall be properly drained and hard surfaced with concrete or plant-mixed
bituminous material, except for the required landscaped areas and Lot 19.
9. Parking AreaS: Parking areas will conform to the provisions of the
Collier County Land Development Code.
I0. Landscapin~t: Landscaping and buffering shall comply with the
landscaping and buffering requirements of the Collier County Land
Development Code, except that due to existing conditions, a six (6) foot
landscape buffer shall be provided adjacent to Lot 14.
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of ASHLEY'S SERVICE STATION-GOLDEN GATE.
5.2 GENERAL
All facilities shall be constructed in strict accordance with approved Final Site
Development Plans, and all applicable State and local laws, codes, and regulations.
Except where specifically noted or stated otherwise, the standards and specifications of
the current official County Land Development Code shall apply to this project. The
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Developer, his successor and assigns shall be responsible for the commitments outlined
in the document.
The Developer, his successor or assignee agrees 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
is subject to any commitments within this agreement.
The entity responsible for maintenance of the surface water management system, utilities
on site and proposed access easement to the alley shall be identified prior to Site
Development Plan approval.
5.3 PUD MASTER PLAN
A. Site Aiterations. Exhibit "A", ASHLEY'S SERVICE STATION-GOLDEN
GATE PUD MASTER PLAN iljustrates the proposed development. Changes and
amendments to the Master Plan shall be made in accordance with the Collier
County Land Development Code as may be amended subsequent to the adoption
of the subject PUD.
B. Easements and DedicationS. All necessary easements, dedications, or other
instruments have been granted to insure the continued operation and maintenance
of all service utilities and all common areas in the project.
5.4 TRANSPORTATION AND ENGINEERING
A. Site Work. All clearing, grading, earthwork and site drainage work shall be
performed in accordance with all applicable State and Local Codes.
B. Traffic AcceSs. The Developer agrees to pay for that portion of the costs of a
deceleration lane, if required, and as necessitated by construction of the service
station facilities.
C. ROad .I.r0pact Fee~. The Developer, his successor or assigns shall be responsible
for the payment of all road impact fees subject to the Ordinance provisions.
D. Traffic Impact Statement. A traffic impact study had been waived by Collier
County Transportation Service Department as long as the Developer agrees to pay
the road and impact fees associated with the project.
E. Right Turn Lanes. The Developer shall provide a right turn lane on Golden Gate
Parkway at the project entrance and the project entrance shall be fight-in right-
out. The entrance shall be marked by fight turn arrows for right-in, fight-out
only and shall be divided by a traffic island.
8
F. Impact Fee Credi~ Disallowed. Access improvements shall not be subject to
impact fee credits and shall be in place before any certificates of occupancy are
issued.
G. ROad Impact FeeS. The road impact fee shall be as set forth in Ordinance 92-22,
as amended, and shall be paid at the time building permits are issued unless
otherwise approved by the Board of County Commissioners.
H. Coun_ty Right-Of-Way. Work within Collier County fight-of-way shall meet the
requirements of Collier County right-of-way Ordinance No. 82-91. Detailed
construction plans for any required improvements in the right-of-way shall be
provided prior to Site Development Plan approval.
5.5 UTiLiTIEs .
A. Con~..ecgion~ to W,..'.er Facilities. Connection to the existing water facilities within
471h Street S.W. rights-of-way has been completed.
B. Septic System. In the final site plan and supporting engineering construction
drawings and location, configuration and size of the septic system shall be
iljustrated. The septic system as shown shall be designed in conformance with
Chapter 10D-6 of the Florida Administrative Code. Installation of septic tank is
subject to the Health Department approval.
C. Other Utilities. Telephone and electricity service is available on site and hook
up has been completed.
5.6 WATER MANAGEMENT
A. Site Drainage. Detailed site drainage plans shall be submitted to Engineering
Review Services for review during the SDP review process. No construction
permits shall be issued unless and until approval of the proposed construction in
accordance with the submitted plans is granted by Engineering Review Services.
B. Water Management Plans. A detailed water management plan and supporting
calculations signed and sealed by a professional engineer shall be providexi with
the SDP submittal.
C. Review By Project Review Services. Detailed paving, grading, site drainage and
utility plans shall be submitted to Engineering Review Services for review. No
construction permits shall be issued unless and until approval of the proposed
construction in accordance with the submitted plans is granted by Engineering
Review Services.
D. Subdivision Regulations. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions of the Collier County Land
Development Code.
5.7 ENVIRONMENTAL
A. Landscaping. Landscaping requirements shall be in accord with Section 4.5 C
10 of the PUD. The cabbage palms existing adjacent to Golden Gate Parkway
will be relocated and transplanted elsewhere within the property.
B. Archeological and Historic Surveyl;. If during the course of site clearing,
excavation, or other construction activities, an archeological or historical site,
anifact, or other indicator is discovered, all development at that location shall be
immediately stopped and the Planning Services Department notified.
Development will be suspended for a sufficient length of time to enable the
Planning Services Department or a designated consultant to assess the discovery
and to determine the proper course of action in regard to its salvageability. The
Planning Services Department will respond to any such notification in a timely
and efficient manner so as to provide only a minimal interruption to any
construction activity.
2*ashlcyX pudw-ldc.rcv
10
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. 97-76
Which was adopted by the Board of County Commissioners on the 25th day
of November, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 26th day of November,
1997.
DWIGHT E. BROCK .? " ·
Clerk of Courts an.d'.C~erk "
Ex-officio to Board ~,f ' ...
County Commission. e[~ · .
~ ,- . ·
n',"i' :
B ureen Keny~ . ..
Deputy Clerk ~°,., ." . ,.,