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Ordinance 96-33 ORDINANCE NO. 95. ~ ~67~s AN ORDINANCE AMENDING ORDINANCE NUMBER 91- 4k Oj~ CODE WHICH INCLUDES Tile COMPREHENSIVE ~ RECE}VED , ZONING ~GU~TIONS ~OR TH~ UN~CORFO~T~D AR~A OF COLLIR COUNt, ~ORIDA BY A~NDING~ ~B a~d TH~ OF~C~L ~NING A~AS ~AP NUmBeR 8S26N~ :' BY ~ANG~G THE ZON~G CLASSI~CATION OF ~IE~' ~' ~'~ HERE~ DESCRIED REAL PROPER~ FROM "A" TO~' ~. :' " "PUD" P~NNED UNIT DEVELOPMENT KNOWN AS" ~~NS PARK MEDICAL PUD, ~CA~D ON ~" ~ ~" SOU~EST CORNER OF IMMO~LEE ROAD (C.~'~ 846) AND ~~NS PARK DRIVE IN SEaiON 26,~ TOWNSH~ 48 SOUTH, ~NGE 25 EAST, COLLAR COUNt, ~OR~A, CONSISTING OF 3.2 A~ES MORE OR LESS; BY PRODDING FOR THE REPEAL OF ORDINANCE NO. 9~22, THE PREVIOUS VETE~NS PARK MEDICAL PUD; AND BY PRODDING AN EFFE~ E DATE. WHEREAS, Michael R. Femandez, AICP, of Agnoli, Barber and Brundage, Inc., representing RD2 Partnership, petittoned the Board of County Commissioners to change the zoning classification of the herein described real property; and WHEREAS, the previous Veterans Park Medical PUD, Ordinance No. 96-22, was adopted on May 14, 1996 as an amendment to the Collier County Land Development Code, and; WHEREAS, subsection 12S.66, Fla. Stars., provides that all ordinances adopted by the Board of County Commissioners must be received for filing within ten (I0) days of adoption; and WHEREAS, said ordinance was mailed to the Secretary of State on May 20, 1996; and WHEKEAS, due to a delay on the part of the U.S. Postal Service, said ordinance was not received in the Secretary of State's office until May 28, 1996, this necessitating the repeal of Ordinance No. 96-22 and readoption of same; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida; SECTION ONE: REZONING SUBJECT PARCEL FROM "A" TO "PUD." 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: REPEAL OF ORDINANCE 95-22. Ordinance No. 96-22, the Veterans Park Medical PUD, an amendment to the Collier County Land Development Code, adopted on May 14, 1996, is hereby repealed in its entirety. SECTION THREE: EFFECTIVE DATE. 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 rgX' day of ~-~,/ ,1996. ATTEST: DWIGHT EL'i~RQCK, CLERK BOARD OF COUNTY COMMISSIONERS · · , ..- .,,..~,.. ,' '~,,..~ COLLIER COUNTY, FLORIDA This ordlnane~ filed with the Legal Suflqcjency and acknowl~; of that filin received this ~day of ~, ,/p.,o_/= ivi~o~l{~ M. Studen't Assistant County Attorney 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 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FLORIDA 33940 941/649-0888 PREPARED BY: MICHAEL R. FERNANDEZ, AICP OF PLANNING DEVELOPMENT INCORPORATED 2523 RIVER REACH DRIVE NAPLES, FLORIDA 33942 941 / 267-6934 DATE APPROVED BY BCC 6/~ ~/q6 ORDINANCE NUMBER 96-33 AMENDMENTS AND REPEAL DOCUMENT DATE 5/14/96 Cover Sheet Amended 6/07/96 TABLE OF CONTENTS PAGE TtIRU PAGE TABLE OF CONTENTS ii LIST OF EXHIBITS AND TABLES iii STATEMENT OF C~3MPLIANCE iv SECTION "I PROPERTY OWNERSHIP &DESCRIPTION 1-1 i- 2 II 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 ill 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, objecthes and policies of Collier County as set forth in the Growth Management Plan. 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 Marmgemcnt Plan for the following fel~ons: I.. The project 'development ts compatible and complementary to existing aad 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 ofcommunity facilities and services as required in Policies 3. ! .H and L of the Future Land Use Element. 3. The project will be served by a complete range of services and utilitie~ 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 heroin. 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 I/4 mile of existing or approved hospitals or medical centers which offer primmy and urgent care trcatmcnt. The development is eligible for the 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 CI/T Commercial Professlonal/Translttorml Zoning District, in part, by being boundai on one side by commercial property, This PUD combines the opportunities of these provisions to provide a border range of uses than either provision would allow individually; within the testfictions that the proposal development does not gencmm 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 intcrst of the Ct/T Zoning District is limited to 25,000 square feet. Allowing the Ci/T Zoning District Use is desirable and supportable as they am less intensive land uses than is allowed by the provisions of the referenced provision for support medical use~ within 1/4 mile of existing or approved hospitals or medical centers which offer primmy and urgent care treatment. iv SECTION ! PROPERTY OWNERSHIP AND DESCRIPTION ' The purpos~ 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. 1.2 LEGAl, DESCRIPTION The subject property being: The East One Half(E I/2) of the East One Hnlf(E i/2) of the Northwest One Quarter (NW I/4) of the Notlhwest One Quarter (NW I/4), North of tlorse Creek, All in Section 26, Township 48 South, P,~nge :2:5 East less the East 73 Feet and North 100 Feet Lying North of Horse Creek. 1.3 PROPERTY OWNERSHIP · The subject property is currently under the ownership of the RD2 Partnership, heretastier culled "applicant or developer"· 1.4 CtF_,]~RAL DESCRIPTION OF PROPERTY AREA A. The pwject site is located within Section 26, Township 488, Range 25 E. The patti of approximately 3.2+1- acres is located on and south of County Road 846 ([mmokalee Road) at the intersection with and west ofVeternns Pm'k Drive. This intersection is located nppwximately i-l/4 miles east of US 41 North, I/2 mile east of Goodlette-Frank Road and 3/4 mile west of Airport-Pulling Road. B. The zoning classification of the subject prol~rty prior to the date ofthis approved PUD Document was A/Agriculture. i.5 p. BX~ICAL DESCRIPTION The sit,is singular naturnl feature of note is Horse Creek. The approximate center line of this ... creek de. fines tile parcers southern property line. Except for th~ northern bank of this creek, thu property is generally been cleared of natural vegetation and is currently the site of Fogg's 14ur~r,,, vdfich is an agriculturalits:tail use. The nottit bank of H,rs~ Creek is vegetated with a vari~:ty of trees and unde. ratory vegetation including palm,:tto, oaks nnd pine. !-i 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 I 1 NGVD). Community-Panel Number 120067 0193 D, Panel 193 of 1125 for Co!lier County; Map's effective date: June 3, 1986. ~ .6 PROJECT DESCRIPTION Veterans Park Medical is a planned development of oommcrcial acreage with a potential of a mixture el'uses limited Io medical support, medically related and uses consistent with the intent of Ihe .Land Development Code Ci/T Zoning DistricL Total development shall not exceed 45,000 square feet inclusive a maximum of 25,000 square feet of uses cousistcnt with Ihc intent of the Land Development Code CIFF Zoning District. 1.7 ~ This Ordinnnce shall be known and cited as the "Veterans Park Medical Planned Unit Development Ordinance." SECTION II PROJECT DEVELOPMENT REQUIREMENTS Th~ purpos~ of this Section is to delineat~ and generally describ~ th~ project's plan of d~velopment, r~lationships to applicabl~ County ordinances. th~ respectiva land uses ~f tha tracts included in th~ project. as well as other project relationships. 2.2 A. Regulations for dcwlopment of Veterans Park Medical shall b~ in accordanc.~ with the contents of this documcr,% PUD-Pianaed Unit D~velopment Disuict and other applicabl~ sections and parts of th~ Collier County Land Development CUd~ and Growth Management Plan in effect at the time of issuance of any development arctot to which said regulations rclato which authorizes th~ construction of improvements such as Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where the regulations of this PUD Document fail to provide developmental standards then th~ provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall bc the same as the definitions set forth in Collier County Land Development Codo in effect at the time of building permit application. C. All conditions imposed and all graphic material prr, s~nted d~ictin8 rcs*,rictions for the development of Veterans Park Medical shall become part of the regulations which govern the manner in which file PUD site may bo developed. D. Unless modified, waived or excepted by this PUD document or associated exhibits, the provisions of other land development codes wher~ applicable t~main in full forc~ and effect with respect to tho d~:vclopmcnt of the land which comprises this PUD. E. Devclopm~t p~rmittccl by the approval of this i~tltfon will bo subject to a concurrency review unda th~ provisions of Division 3.15 Adcqtmto Public Facilities of the Land Development Coda at th~ carljut or next to occur of either final SDP approval, final plat approval, or buildia~g permit i~uan~ appllcablc to this development. 2-1 2.3 DESCRIPTION OF PROIECT PLAN AND PROPOSED LAND USES A. The project Master Plnn, including and use of land for the acreage noted, Is iljustrated graphically by Exhibit "A", PUD Master Plan. There shall be one general commercial !and use tract/acreage, which is graphically depicted by Exhibit "A". VETERANS PARK MEDICAL · . ESTIMATED LAND USE SUMMARY TYPE UNiT ~ COMMERCIAL TRACT 4S,000 SF 3.2+/- TOTAL 3.2+/- Table ! is a schedule of the intended land uses, with approximate acreage of the total project indicated. The arrartgcmcnt of these land areu are shown on the Master Plan (Exhibit "A"). The Master Development Plan is an iljustrative preliminary development plan, Design criteria and layout that is illusitated on the Master Development Plan and olhcr 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 forth in this document. The estimated absorption schedule for Veterans Park Medical is 45,000 square feet of devciopmant within one year from the date of approval of this rezoning. This estimate may, of coume, change depending upon future economic, market and rcgulatory factors. B. Modification to all boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of the ... Collier County Land Dcvctopment Code or as othctwi~ pcmgittcd by this PUD document. , C. In addition to the various areas and specific items shown in Exhibit *A", such casements as neccssa~ (utility, private, semi-public, etc.) shall be established within or along the various tracts or acreage as may be necessary. o 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND 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 my include a maximum of 25,000 square feet of uses consistent with the intent of the Land Development Code clrr Zoning District 2.5 RELATED PROJECT PLAN APPROVAL REOUIREMENTS A. Prior to the recording of a Record Plat, and/or Condomlnium 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, 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 appwval, a Preliminary Subdivision Plat, if , applicable, shall be submitted for the entire area evered by the PUD Master Plan. Any division ofproperty and the development ofthe 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 !and as provided in said Division prior to the issuance of a building permit or other development order. D. Appwpriate instruments will be provided at the time offnfrastrucUm~ impwv~n~ts re6arding any dedications and method for providing perpetual malntermnc~ of common facilities. E. Design and eonstnu~on of'all lmprowrnents shall be subject to compliance with appropriat~ provisions oftha Collier Count), Land D~velopmant Coda Division 3.2. 2.6 DEVELOPMEI~ITSCHF, DULE The applicant has set a preliminary development schedule for the subject property for compl~:tion of improvements by January 19911. This projection of the project's developmSnt can be no mor~ ~han an estimat~ based on current market knowledge. 2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD ns provided in the Collier County Land Development Code, Section.2.7.3.5. 2.11 ASSOCIATION OF PROPERTY OWNERSFOR COMMON AREA MAIN_TENANCI:- Whenever the developer elects to create land area and/or recreation amentries whose ownership nnd 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 insL,'uments for the establishment of a Property Owners Association or another appropriate entity whose function shall include provisions for the perpetual cam and maintennnce 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 ili COMMERCIAL 3.1 The putl~oso of this Section is to set forth the rcgnlntions for the area designated on Exhibit "A", PUD Master Plan, as "Commercial". A maximtun of 45,000 square feet of commercial shall be developed within this acreage. 3.2 No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Prlnclpnl 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/T 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 servicas 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 Accesson,_ Uses nnd Structures I. Accessory uses and structures customarily associated with the uses permitted in the above districts. 2. Essential services and facilities. 3. Any other use whlch is cornparnl~!e in nature with the foregoing uses and which the Dcvclopmunt Services Director dctermines to be 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 DEVELOPMENT STANDARDS: A. 5ilLAtra: 20,000 square feet B. 5ilt=Wj.dth:100 feet C. 5~,/har, kl: I. Front Yard: 25 feet plus one foot for each foot ofbuilding height over 35 feet. 2. Side Yard: 15 feet. 3. Rear Yard: 25 feet. D. Distance Between Princinal Structures: None, or n minimum of ten (i 0) feet with unobstructed passage fi'om front to rear yard. E. Maximum Flei_eht of Structures: Forty-five (45) feet. F. Minimum Floor Area of Prlncipal Structures: One thousand (! ,000) square feet per building on the ground floor. 3-2 SECTION IV DEVELOPMENT COMMITMENTS The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plans and all applicable Stn|e and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Developn~ent Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor nnd assigns shall be ruponsible for the commitments outlined in this documenL , 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 rrzoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agn:ement. 4.3 pUD MASTER PLAN A. Exhibit "A", PUD Master Plan, iljustrates the proposed development and is conceptual in nature· Proposed trnct or special land use boundaries shall not be construed to be final and may be vm'ied at any subsequent approval phase such as at final platting or site development plan application, subject to the pmvlslons of the Land Development Code and amendments u may be mgde from time to time. B. All necusary easements, dedications, or other instruments shall be granted to Insure the continued operation and maintelmnce of nil s~rvlce utilitiu and all cornmon nruas in the pwject. . .. 4.4 MONITORING REPORT AND_ SIJ'I'4SET PROVISIONS A. The VETERANS PARK MEDICAL PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Lm~d Development Code. 4-1 B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 ,TRANSPORTATION ~ Tbe development of this PUD Master Plan shall be subject to and govaned by the following conditions: A. 'The 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 parent ofthe level of service C design capacity on abutting streets thtl provide access to the property. B. Arterial level lighting shall be provided at both proposed access points. C. Access to the pwject shall be constrained to Veterans Park Road. D. A southbound fight turn lane shall be required on V~tcrans Park Road to reduce the possibility of a traffic backup onto |mmokalee Road and shall be in place prior to the , CountlPs issuance of a oerti~cata of occupancy. E. A fair share contribution toward a traffic signal system at the intersection of Veterans Park Road and lmmokalee 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 pwperty frontage on Veterans Park Road shall be required and shall be in place prior to the County's issuance of a certificate of occupancy. 4.6 LANDSCAPE BUFFERS AND LANDSCAPING FOR OFF-STREET PARKING A. In order to facilitate the retention of existing veg~-tafio~, rows ofpsddng may contain more than t~n (10) parking spacu uninterrupted by a landscaped bland provided that an average often (10) parking spaces am maintained within th~ ovinll development. B. Sidewalks, pedestrian walks and bike paths may occur within required buffers, however the width of the required buffer shall be increased pwportionately to the width of the paved surface of the sidewalk, pedestrian walk or bike path. C. The 25 foot Type A.I Buffer required for the south property line, which includes in part, Horse Creek, shall maintain existing vegetation to the ext~t allowed by the proposed d~clopment site grading and drainage requirements. This buffer are.a, as cxists, is heavily vegetated and may be utilized as an open space amenity for passive uses which may include observation decks/platforms, seating and picnic meas/pavilions and simii~ 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 POLLII'~G PLACES Pursuant to Sectton 2.6.30 of the Land Development Code provision shall be made for the future use of building space within common areas (if provided) for the purposes of accommodating the function of an ~lectornl polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Co!liar County, whtch shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not lindted to, condondniurn associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. WP-05-4}143G.DOC-J96 4-3 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: ORDINAI~CE NO. 96 - 33 Which was adopted by the Board of County Commissioners on the 25th day of June, 1996, during Regular Session, WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of June, 1996. DWIGHT E. BROCK . .:' . ... Clerk of Courts and ~!~rk ... Ex-officio to Board 'of. '- County Commissionerjs : .-. .:. : , . ~:.., !~. · ....<-....' Deputy Clerk ... "'~..~