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Ordinance 96-22 ORDINANCE NO. 96- 22 oRDI. cE ENDING oRDINANcE N BER THE COLLIER COUNTY ~ND DEVELOPMENT CODE ~ICH INCLUDES THE COMPREHENSIVE ZONING REGU~TIONS FOR THE UNINCORPO~TED AR~ OF COLLIER COUNTY, F~RIDA BY ~ENDING THE OFFICIAL ZONING AT~S ~P N~BER 8526N; BY CHANGING THE ZONING C~SSIFICATION OF THE HEREIN DESCRIBED R~L PROPERTY FROM "A" TO "PUD" P~NNED UNIT DEVE~PMENT KNO~ AS VETE~NS P~K MEDICAL PUD, ~CATED ON THE SOUTHWEST CO~ER OF I~O~LEE ROAD (C.R. 846) AND VETE~NS PA~o S R A I OF 3.2 ACRES MORE OR LESS; AND BY PROVIDING~ EFFECTIVE DATE. WHEREAS, Michael R. Fernandez, AICP, of Agnoli, Barber and Brundage, Inc., representing RD2 Partnership, 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 26, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" to "PUD" Planned Unit Development in accordance with the Veterans Park Medical PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8526N, 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 /~/;~day of 7~//~/ , 1996. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA -.' ,, '...,~. ,"'~ BY' ...c. . NORRIS, CHAIRMAN :. '. ,~ " ' ..'yr ' ~:'~ ~P~ROVED AS' TO;FORM · . A]ID LEGAL SUFFICIENCY '..,. , .. .., .' · , M~J ~'E M. ST 'bENT O U ASSIST~a{T COUNTY ATTORNEY PUD-96-1 ORDINANCE/16497 This ordlncmce filed with the Secretary of State's Office the · ,~,KtZ, day of .~h-/~--, ~ and"'acknowledgement of that i i re iv i -2- VETERANS PARK MEDICAL A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: RD2 PARTNERSHIP 5020 TAMIAM1 'FRAIL NORTH, SUITE 200 NAPI.ES, FLORIDA 33940 941/649-0888 PREPARED BY: MICHAEL R. FERNANDEZ, AICP PLANNING DIRECTOR OF AGNOI.I, BARBER & BRUNDAGE, INC. 7400 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FLORIDA 33963 (94 i ) 597-311 i DATE APPROVED BY BCC 5/14/96 ORDINANCE NUMBER 9 6- 2 2 AMENDMENTS AND REPEAL DOCUMENT DATE . ~/14/96 _ ABB PN 7117 ~ AP~|, . STI.e~ TABLE OF CONTENTS PAGE THRU PAGE TABLE OF CONTENTS ii LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE iv SECTION I PROPERTY OWNERSHIP &DESCRIPTION I-i 1- 2 it PROJECT DEVELOPMENT 2-1 2- 4 III COMMERCIAL 3-1 3- 2 IV GENERAL DEVELOPMENT COMMITMENTS 4-1 4- 3 LIST OF EXHIBITS AND TABLES EXHIBIT A PUD Master Plan EXHIBIT B Location Map TABLE I . Land Use Table 111 STATEMENT OF COMPLIANCE The development of approximately 3.2 acres of property in Collier County, as a Planned Unit Development to be known as Veterans Park Medical will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Pi~. The residential and commercial facilities of Veterans Park Medical will be consistent with applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: i.. The project 'development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 2. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element. 3. The project will be served by a complete range of services and utilities as approved by the County. 4. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. 5. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. 6. The development is eligible for the development provisions of Growth Management Plan Future Land Use Element, Future Land Use Designation Description Section, Urban Designation for support medical uses within 1/4 mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment. The development is eligible for Ihe development provisions of the Future Land Use Element Density Rating System, Section 4. Commercial Under Criteria for uses which meet the intent of the Land Development Code C I/T Commercial Professional/Transitional Zoning District, in part, by being bounded on one side by commercial properly. This PUD combines the opportunities of these provisions to provide a border range of uses than either provision would allow individually; within the restrictions that the proposed development does not generate in excess of five percent of the level of service C design capacity on abutting streets that provide access to the property; and, that the maximum intensity of uses meeting the intent of the CI/T Zoning District is limited to 25,000 square feet. Allowing the C1/T Zoning District Use is desirable and supportable as they are less intensive land uses than is allowed by the provisions of the referenced provision for support medical uses within 1/4 mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment. iv SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PI. IRPOSE 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 Veterans Park Medical. ! .2 L.~~RIPTION Tile subject property being: The East One Haif(E I/2) of the East One Hal f(E 1/2) of the Northwest One Quarter (NW !/4) of |he Northwest One Quarter (NW 1/4), North of Horse Creek, All in Section 26, Township 48 South, Range 25 East less the East 73 Feet and North 100 Feet Lying North of Horse Creek. i.3 PROPERTY OW~..ERSI--IIP The subject property is currently under tile ownership of the RD2 Partnership, heroinafter called "applicant or developer". 1.4 C_zE..N_ERAt, DESCRIPTION OF PROPERTY AREA A. The project site is located within Section 26, Township 48S, Range 25 E. The parcel of approximately 3.2+/- acres is located on and south of County Road 846 (Immokalee Road) at the intersection with and west of Veterans Park Drive. This intersection is located approximately 1-1/4 miles cast of US 41 North, 1/2 mile east of Goodlette-F~'ank Road and 3/4 mile west of Airport-Pulling Road. B. The zoning classification of the subject property prior to lhc date of this approvcd PUD Document was A/Agriculture. 1.5 PHYS[CA[~ DESCRIR~ The si,:'s singular natural feature ofnote is Horse Creek. The approximate center line of this creek defines the parcei's southern property lir..e. Except for the northern bank of this creek, the property is generally been cleared of natural vegetation and is currently the site of Fogg's l',lur:~cr;' xvhich is m~ agricultural/retail use. The noRix bank of Hursc Creek is vegetated witIx a variety of trees and understory vegetation including palm.:.tto, oaks and pine. !-1 The site has the following designation relative to flood -FEMA FIRM Flood Zone AE (Special flood hazard areas inundated by 100 year flood, base elevation of !! NGVD). Community-Panel Number 120067 0193 D, Panel 193 of 1125 for Collier County; Map's effective date: June 3, 1986. o 1.6 PROJECT DESCRIPTION Veterans Park Medical is a planned development of commercial acreage with a potential of a mixture of uses limited to medical support, medically related and uses consistent with the intent of Ihe Land Development Code CItT Zoning District. Total development shall not exceed 45,000 square feet inclusive a maximum of 25,000 square feet of uses consistent with the intent of the Land Development Code CI/T Zoning District. i.7 St!ORT TITI,E This Ordinance shall be known and cited as the "Veterans Park Medical Planned Unit Development Ordinance." i-2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 pIIRPOSE The purpose of this Section is to delineate and generally describe the project's 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 Veterans Park Medical shall be in accordance with the contents of this document, PUD-Pianned Unit Development District and other applicable sections and pans of the Collier County Land Development Code and Growth Manage:meat Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements such as Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where the regulations ofthis PUD Document 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 shall be the same as the detinifions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Veterans Park Medical 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 document or associated exhibits, the provisions of other land development codes where applicable remain in full force and efti:ct 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 Adeqtmte Public Facilities of the Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval, or bailding perhilt issuance applicable to this development. 2-1 2.3 DESCRIPTION OF .PROJECT PLAN AND PROPOSED [.AND USES A. The project Master Plan, including and use of land for the acreage noted, is iljustrated graphically by Exhibit "A", PUD Master Plan. There shall b~ one general commercial land use tract/acreage, which is graphically depicted by Exhibit "A". VETERANS PARK MEDICAL .. ESTIMATED LAND USE SUMMARY TABLEI TYPE UNIT AE, gEA_QE COMMERCIAL TRACT 45,000 SF 3.2+/- TOTAL 3.2+1- Table I is a schedule of the intended land uses, with approximate acreage of the total project indicated. The arrangement of these land areas are shown on the Master Plan (Exhibit "A"). The Master Development Plan is an iljustrative preliminary development plan. Design criteria and layout that is iljustrated on the Master Development Plan and other exhibits supporting this project shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the Project Development, as set fot'th in this document. Tile estimated absorption schedule for Veterans Park Medical is 45,000 square feet of development within one year from the date of approval of this rezoning. This estimate may, of course, change depending upon future economic, market and regulatory factors. B. Modification to all boundaries may be permitted at the time of Preliminary Subdix.'ision Plat or Site Development Plan approval, subject to the provisions of the Collier County Land Development Code or as otherwise permitted by this PUD document. 2-2 C. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall I:.: established within or along the various tracts or acreage as may be necessary. · 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The density for the proposed development shall not exceed 45,000 square feet developed on 3.2+/- acres. The intensity of the proposed development shall not exceed 45,000 square feet of medical support and medically related uses and may include a maximum of 25,000 square feet of uses consistent with the intent of the Land Development Code CI/T Zoning District. 2.5 RELATED PROJECT PLAN APPROVAL REOUIREMENTS A. Prior to the recording of a Re;;ord Plat, and/or Condominium Plat for all or pa..,t 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. and as applicable, 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 entire area 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 ofthe 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 the issuance of a building perrail 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. E. Design and construction ofall improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code Division 3.2. 2.6 DEVEI,OPMENT SCHED!JLE The applicant has set a preliminary development schedule for the subject property for completion of improvements by January 1998. This projection of the project's developing;at can be no more than an estimate based on current market knowledge. 2.7 AMEN..DMENTS 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. 2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and mai.tenance 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 instruments for the establishment of a Property Owners Association or another appropriate entity 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. 2-4 SECTION III COMMERCIAL 3.1 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "A", PUD Master Plan, as "Commercial". A maximum of 45,000 square feet ofcommcreia$ shall be developed within Ibis acreage. 3.2 No building or structure, or part thereof, shall bc erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: i. The commercial uses are as follows: a. Medical Office b. Medical Support and Medically Related Uses c. Pharmacies d. Uses consistent with the intent of the Land Development Code C i fr Zoning District - to a maximum of 25,000 square feet, inclusive of: I) general office uses 2) depository institutions(banks) 3) civic, social and fraternal associations 4) educational services 5) mixed use residential/commercial e. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Permitted Accessory_ Uses and Structures 1. Accessory uses and structures cus{omazily associated with the uses permitted in tim above districts. 2. Essential services and facilities. 3. Any other use which is comparable in nature with the foregoing uses and which tlac Development Services Director determines to bc compatible. 3-1 C. Conditional Uses I. Public facilities and institutional uses as may be approved through the Conditional Use review and approval process. ~, 3.3 DEVELOI~MENT STANDARDS: A. Site: Area: 20,000 square feet B. Sitc~ Width: 100 feet C. Setbacks: I. Front Yard: 25 fe~.. plus one foot for each foot of building height over .7,5 feet. 2. Side Yard: 15 feet. 3. Rear Yard: 25 feet. D. Distance Between Principal Stn~ctures: Non:. or a minimum often (1 0) feet with unobstructed passage from front to rear yard. E. Maximum Height of Stn~ctures: Forty-five (45) feet. F. Minimum Floor Area of Principal Structures: One Ihousand (1,000) square feet per building on the ground floor. 3-2 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PI}RP_O_SE The purlx~se of this Section is to set forlh the development commitments for the development of the proiect. 4.2 GENERAL All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes and regulations applicable to this PU2). Except wh;re specifically noted or stated otherwise, the standards and specifications of the Land Dcwlopmcnt Code of 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 comnfim~ents 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. In addition the developer will agree to convey to any succes:;or or assignee in title any commitments within this agreement. 4.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan, iljustrates the proposed development and is conccpltml in nature. Proposed tract or special !and use boundaries shall not be construed to be final and ~nay be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. B. All necessary easements, dedications, or other insmunents shall be granted to insure the c,:}ntinucd oF, eration and maintenance o fall service utilities and all conl mon areas in th,: project. 4.4 MONLrORING REPORT AND SITNSET PROVISIONS A. The VETERANS PARK MEDICAl, PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. B. Monitoring Reporl: An annual monitoring report shall be submitted pursuant to S.,'ction 2.7.3.6 of the Collier County Land Development Code. 4.5 TRANSPORTATION The deve topment of this PUD Master Plan shall be subject to and governed by the following conditions: A. T:te developer shall submit a Traffic Impact Statement at the time of Site Development Plan review that indicates that the project complies with the Collier County Growth Management Plan's Subsection "Commercial Under Criteria" restriction that the proposed development does not generate in excess of five percent of the level of service C design capacity on abutting streets that provide access to the property. B. Arterial level lighting shall be provided at both proposed access points. C. A,zcess to the project shall be constrained to Veterans Park Road. D. A southbound right turn lane shall be required on Veterans Park Road to reduce the pcssibility of a traffic backup onto Immokalce Road and shall be in place prior to the Cotmty's issuance of a certificate of occupancy. E. A fair share contribution toward a traffic signal system at the intersection of Veterans Park Road and Immokalee Road shall be required, if and when such a signal system is deemed warranted by the County. Any such signal shall be owned and operated by Collier County. F. A sidewalk, in accordance with the LDC, along the entire property frontage on Veterans Park Road shall be required and shall be in place prior to the Cotmty's is: uance of a certificate of occupancy. 4.6 LANDSCAPE BUFFERS AND LANDSCAPING FOR OFF-STREET PARKING A. In order to facilitate the retention of existing vegetation/trees, rows of parking may contain more than ten (10) parking spaces uninterrupted by a landscaped island pn ~vided that an avenge of ten (10) parking spaces are maintained within the overall development. B. Sidewalks, pedestrian walks and bike paths may occur within required buffen, however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, pedestrian walk or bike path. 4-2 C. 'Ihe 25 foot Type A. i Buffer required for the south property line, which includes in part, Horse Creek, shall maintain existing vegetation to the extent allowed by the proposed development site grading and drainage requirements. This buffer area, as e,dsts, is heavily vegetated and may be utilized as an open space amenity for parbsive uses which may include observation decks/platforms, seating and picnic areas/pavilions and similar uses. The buffer shall minimally meet the requirements for a Type A Buffer as defined by Section 2.4.7 of the Collier County Land Development Code. 4.7 POI,LIblCkP. LAC~ Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future ute of building space within common areas (if provided) for the purposes of accommc,dating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall bc binding upon any and all successors in interest that acquire ownership of such common areas including, but nat limited to, condominittm associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreatior~public building/public room or similar common facility to be used for a polling place if d.:tennined to be necessary by the Supervisor of Elections. W p-05 -0143 G. DOC.'96 4-3 .k,o, '\ ~ !i LEE CO 'L., ~a COLLIER CO C.R. 888 SECTION: 26 TOWNSHIP: RANGE: 25E. ""~iTE ACREAGg:j3.2±" PROJECr SITE NAPLES-IMM OKALEE ROAD 'C.R. 846 d o VANDERBILT 8EACH ROAD t,.} · _J | 0 PINE RIDGE  ROAD (C.R. 896) h,- .DELl GATE PARKWAY (C.R. 886) · NAPLES  RADIO ROAD C.R. 856 /""" AIRPORT LOC,4~"EON' M.4P ACAD //: 5310-LM EXtIIBIT "B" 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. 96-22 Which was adopted by the Board of County Commissioners on the 14th day of May, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of May, 1996. Clerk of Courts an~' Cl'~k .... .'] ,. "'.. Ex-officio to Boafd.~f'=' "..':- '~ County CommissionS-s..' '.<~.~"": ".~,i ". 75 ~ ) · ,. ',.::..,. , , :s put clerk.:% .--'