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Ordinance 96-56 ORDINANCE NO. 96- 56 ' ~ ORDIN~CE ~ENDING ORDIN~CE N~BER 91 THE COLLIER CO~TY ~D D~E~PMENT CODE ~ICH INCLUDES THE COMPREH~SIVE ZONING REGU~TIONS FOR THE ~INCORPO~TED ~ OF COLLIER CO~TY, F~RIDA BY ~ENDING T~E OFFICIAL ZONING AT~S ~P N~ER GGE01~ BY C~GING ~E ZONING C~SSIFICATION OF THE H~EIN DES~IBED R~L PROP~TY ~OM "E" ESTATES TO "PUD" P~ED ~IT D~E~PM~T ~0~ AS ~GILERI PUD, FOR MOTEL, FAST FOOD ~D CO~CIAL USES, FOR PROp~TY ~CATED ON THE NOR~ SIDE OF PINE RIDGE ROAD, WEST OF 1-75, WITHIN ~E INTERSTATE A~IVITY CENTS, F~ER DES~IB~ AS T~ 61, GOLDEN GATE ESTATES ~IT 35, SE~ION 7, TO~SHIP 49 SO~H, ~GE 26 5ST~ COLLI~ CO~TY, F~RIDA, CONSISTING OF 4.77 ACRES MORE OR LESS; ~D BY PROVIDING ~ EFFE~IVE DATE. WHEREAS, David S. Wilkison of Wilktson & Associates, Inc.,and Bill Hoover of Hoover Planning Shoppe, representing Salvatore F. Angileri, petittoned 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: The zoning classification of the herein described real property located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, is changed from "E" Estates to "PUD" Planned Unit Development in accordance with the Angtleri PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number GGE01, 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 ~'~"~~ , 1996. BOARD OF COUNTY CONNISSIONERS COLLIER COUNTY, FLORIDA ATTEST: . ..' . ' . '- BY: J AIRMAn' · ... t.. A ROVED AS TO FORM ' ' ' EGAL ~}3FFICIENCY This ordlnor~ce {iled with the '~,',~.DEN, i~.~.¢~ and acknowle~gerncnt of that filin received this 'j-~*/--' clay ASSISTANT COUNTY ATTORNEY 8y~ PUD-96-3 ORDINANCE/16590 -9_- ANGILER! PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: SALVATORE F. ANGILERI 599 SOUTH COLLIER BLVD., SUITE 214 MARCO ISLAND, FL 33937 PREPARED BY: WILLIAM HOOVER, AICP HOOVER PLANNING SHOPPE 2223 TRADE CENTER WAY NAPLES, FL 34109 BRUCE ANDERSON YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 LAUREL OAK DRIVE NAPLES, FL 34108 WILKISON & ASSOCIATES, INC. 3506 EXCHANGE AVENUE NAPLES, FLORIDA 34104 DATE FILED 2-7-96 DATE REVISED 9-25-96 DATE REVIEWED BY CCPC 6-6-96 DATE APPROVED BY BCC 9-24-96 ORDINANCE NUMBER 96-5(5 TABLE OF CONTENTS PAGE TABLE OF CONTENTS i LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 4 SECTION III COMMERCIAL AREAS PLAN 6 SECTION IV DEVELOPMENT COMMITMENTS 12 i LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN/VVATER MANAGEMENT PLAN EXHIBIT 13 LOCATION MAP EXHIBIT C BOUNDARY SURVEY EXHIBIT D EXISTING LAND USE/AERIAL PHOTO/SOILS MAP ii STATEMENT OF COMPLIANCE The development of approximately 4.77 acres of property in Collier County, as a Planned Unit Development to be known as Angileri PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Angileri PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. 2. The subject property is located at the northeast corner of the intersection between Pine Ridge Road and VVhippoon/vill Lane. This strategic location allows the site superior access for the location of highway interchange land uses, as permitted by the Future Land Use Element. 3. The subject property's location in relation to existing or proposed community facilities and services permits the developmenrs intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The project will have a shared access, with the adjacent tract to the west, and their only access onto Pine Ridge Road is a designated access point with future traffic signal on the Collier County Access Management Plan, as described in Policy 4.4 of the Future Land Use Element. 5. 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. 6. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 7. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. h SECTION I 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 name of Angileri PUD. 1.2 LEGAL DESCRIPTION The subject property being 4.77 acres, and located in Section 7, Township 49 South, and Range 26 East, is described as: Tract 61, Golden Gate Estates Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida. 0a 1.3 PROPERTY OWNERSHIP The subject property is owned by Kramer, Angileri, and Grech more specifically described below as: Wendell L. Kramer, Salvadore F. Angileri, and Salvadore C. Grech, of 599 South Collier Boulevard, Suite 214, Marco Island, Florida 33937. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast comer of the intersection between Pine Ridge Road and Whippoorwill Lane (unincorporated Collier County), Florida. B. The property is currently vacant. The entire project site currently has Estates Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the 1-75 canal basin as shown on the Collier County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the 1-75 canal system. The project will be designed for a storm event of 3-day duration and 25-year return frequency as well as water quality in accordance with the rules of South Florida Water Management District. 2 h Elevations of.the property range from 11.5 feet NGVD to 12.0 feet NGVD, with an average existing grade of 11.7 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Panel#120067 0425 D). The soil type of the project is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The site has been previously farmed and is classified as Fallow Crop Land according to FLUCCS. 1.6 PROJECT DESCRIPTION The Angileri PUD will include a mixture of commercial and office uses. The Angileri PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Master Plan is iljustrated graphically on Exhibit "A", PUD Master Plan. A °~ Land Use Summary indicating approximate land use acreage is shown on the plan. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Angileri Planned Unit Development Ordinance". 3 "1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 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. 22 GENERAL A. Regulations for development of the Angileri PUD shall be in accordance with the contents of this document. PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards. then the provisions of th~ most similar district in the Collier County Land Development Code shall apply. B. Unless other'wise 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 date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Angileri PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. 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 of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval. or building permit issuance applicable to this development. 4 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED [,AND USES A. The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan. B. Minor modifications to Exhibit 'W', may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public, etc.) shall be established and/or vacated within or along the property, as may be necessary. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 5 '1 SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Areas "A", "B", and "C" of the site as shown on Exhibit "A", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated on the PUD Master Plan are intended to provide commercial land uses, especially those serving travelers, and office uses. The 4.77 acre site is located at the northeast corner of the intersection between Pine Ridge Road and Whippoorwill Lane. ~t is also designated an Interstate Activity Center. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Area "A" Permitted Principal Uses and Structures: 1. Open Space. 2. Stormwater Management Areas. B. Area "B" Permitted Principal Uses and Structures: 1. Depository Institutions [groups 6021-6062 (Commercial Banks, Savings Institutions, and Credit Unions)]. 2. Eating Places (group 5812, sit-down restaurants only). 3. Hotels and Motels (group 7011 ). 4. Insurance Agents, Brokers, and Services (group 6411 ). 5. Miscellaneous Retail [groups 5912 (Drug Stores), 5992 (Florists)]. 6. Personal Services [group 7231 (Beauty Shops)]. 7. Real Estate Agents and Managers (group 6531 ). 6 8. Travel Agencies (group 4724). 9. Video Tape Rental (group 7841 ). 10. Professional Office and Medical Office uses. 11. Any other commercial use or professional service which is comparable in nature with the foregoing uses, C. Area "C" Permitted Principal Uses and Structures 1. All Permitted Principal Uses for Area "B" as described within this PUD Document, 2. Auto Supply Stores (group 5531 ). 3. Eating Places (group 5812). 4. Any other commercial use or professional service which is comparable in nature with the foregoing uses. D. Accessory Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 2. Drinking Places (group 5813, only in conjunction with Eating Places) 3, Loud speakers and public address systems are prohibited. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: Seventy-five (75) feet. C. Minimum Yards: (1) Principal structures: 7 (a) Front Yards Along Pine Ridge Road - Twenty-five (25) feet. (b) Front Yards Along Livingston Woods Lane - Ninety (90) feet. (c) Side Yards Between Two (2) Lots Within the PUD - Ten (10) feet unless attached. (d) Side Yards External to the PUD - Fifteen (15) feet. (2) Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application However, all accessory structures shall be setback a minimum of ninety (90) feet from Livingston Woods Lane. D. Distance Between and Number of Principal Structures: Twenty (20) feet unless attached. Principal structures shall be limited to three (3) buildings. E. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. F. Maximum Height: Thirty (30) feet. Hotels and motels shall be limited to two (2) stories. G. Off-Street Parking and Loadin~ Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. H. Open Space Requirements: A minimum of thirty (30) percent open space of the gross area for the entire PUD, excluding the thirty (30) foot wide R.O.W. easement within Livingston Woods Lane, shall be devoted to open space, as described in Section 2.2.20.3.5 of the Land Development Code. 8 '1 (1) Area "A" of the PUD Master Plan shall contain a minimum of .60 acre of open space. (2) Area "B" of the PUD Master shall contain a minimum of .50 acre of open space. (3) Area "C" of the PUD Master Plan shall contain a minimum of .26 acre of open space. I. Buffering Requirements: (1) A twenty (20) foot wide Type "D" Buffer shall be provided along Pine Ridge Road, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (2) A ten (10) foot wide Type "A" Buffer shall be provided along the eastern/western PUD boundaries, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code, except in Area "C" along the western property boundary abutting the ingress-egress ROW, where a ten (10) foot wide Type "D" Buffer shall be provided. (3) A twenty (20) foot wide Type "D" Buffer shall be provided along Livingston Woods Lane, with more stringent screening than required in Section 2.4.7.4 of the Collier County Land Development Code. Trees shall be spaced a minimum of fifteen (15) feet on- center and a single row of shrubs shall be spaced a minimum of three (3) feet on-center, with both trees and shrubs located on the nodhern side of an eight (8) foot tall architecturally finished opaque masonry wall. Such well shall have a common architectural theme with the other buildings and signage within the PUD as described in Section 4.8B. of this PUD Document and be installed and maintained with a finished side out towards Livingston Wood Lane. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. This buffer shall be installed as a required improvement for the first Site Development Plan within the subject PUD. Additionally, between the wall and the northern boundary of Area "B", there shall be planted at least fifteen (15) Red Maples trees, or similar species, that are at least eight (8) feet tall. 9 (4) .Buffering between Area "B" and Area "C" of the PUD, shall be a five (5) foot wide buffer along both sides of the paved roadway, with trees spaced a minimum of twenty (20) foot on-center and a single row of shrubs spaced a minimum of three (3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. (5) Buffering between other internal parcels within Area "B" or Area "C" of the PUD, shall be a five (5) foot wide buffer along each parcel to be developed, with trees spaced a minimum of twenty (20) foot on- center and a single row of shrubs spaced a minimum of three (3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. (6) Buffering between Area "B' and Area "A" shall not be required. (7) Required landscaping shall be maintained. and where it dies, such landscaping shall be replaced within ninety (90) days. J. Si_qns Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code except pole signs, as described in Section 2.5.8, 1.1 shall not be permitted. Ground signs, as described in Section 2.5.8.1.1, shall be permitted but shall not exceed a maximum height of eight (8) feet. Signage shall also meet the architectural standards further described in Section 4.8B. of this PUD Document. K Solid Waste Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.8B. of this PUD Document. L. Li_ahtin~ Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted within Area "C" and not exceeding a height of twelve (12) feet shall be permitted within Area "B". Lighting shall meet the architectural standards further described in Section 4.8B. of this PUD Document. Lighting shall be designed so that glare does not extend off- 10 site onto residential properties. 11 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this project. 4.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County 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 PUD Master Plan and the regulations of this 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 successor 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 conceptual in nature. Proposed area, 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 such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County 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 of all service utilities and all common areas in the project. 12 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be completed in several phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitorinq Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 ENGINEERING A. Except as otherwise provided within this PUD Document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. If the property is subdivided into three (3) or more parcels, a plat shall be required. 4.6 UTILITIES A. The on-site water distribution system to serve the project shall be connected to the Districrs twelve inch (12") water main on the south side of Pine Ridge Road and shall be consistent with the main sizing requirements specified in the County's Water Master Plan and in accordance with all Local and National Fire Code requirements, and extended throughout the project. During design of these facilities, dead end mains shall be eliminated where appropriate, by Iooping the internal pipeline network. B. Water distribution, sewage collection and transmission, and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. C. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. 13 '1 D. This project shall be serviced with a central sewer system. It is anticipated that the County shall install an eight inch (8") force main on the south side of Pine Ridge Road. Completion is projected by the end of December 1996. E. The force main extension from this project shall be sized so that adjacent sites may at sometime in the future have the ability to tie in. 4.7 TRAFFIC A. The petitioner shall be responsible for a "fair share" portion of the cost of signalization of the intersection of Pine Ridge RoadfWhippoorwill Lane. including the costs of any interconnections with adjacent signal systems. Such signal systems shall be owned, operated and maintained by Collier County. Nothing in this stipulation shall serve to vest any right to a traffic signal system at this location for the petitioner. The decision as to whether and when such a signal system will be installed shall be solely made by Collier County. B. Arterial level street lighting shall be installed at the shared project access onto Pine Ridge Road, during construction of such project access. C. A westbound right turn and deceleration lane shall be constructed before the issuance of any Certificates of Occupancy are issued for the project. Compensating right-of-way for such turn lane shall be dedicated to the County at the time of issuance of the right-of-way permit to construct the turn lane. Such dedication shall also provide for sidewalk construction as part of the future six-laning of Pine Ridge Road. D. The internal roadway design shall prohibit traffic from the commercial zone onto Livingston Wood Lane. E. Petitioner shall provide a future cross-access to the abutting parcel to the east or dedicate this east-west roadway as a public road. prior to Final Site Development Plan approval. F. The construction set forth in items 4.7A, 4.7B, and 4.7C are considered site-related and are not subject to road impact fee credits. G. The petitioner shall be responsible for identifying and confirming the routing and capacity of storm water drainage outfall. 14 4.8 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately :.,topped and the Collier County Code Enforcement Department contacted. B. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be s~milar in design throughout the site. All buildings shall be primarily finished in light colors with stucco except for decorative trim. All roofs must be tile or metal and shall be peaked. Decorative parapet walls shall be constructed above the roof lines on flat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. 15 '1 , ..... [ .~ _,. ~....~ .,~. t-r-t-1 .~ ..,. ,...~ .,~,, J , I J I'I I ,~,,~ .,~'n ~.~'d, ~ I I I .,.,~.. ,.-..tk, ~. ~ I .Il , .... ~~ '~l , .~.~ r~T ~ ~--~. "' ~JH WILKISON ~ MASTER/SURFACE ANGILERI P.U.D. ~. ~ ...... · . .~'n ,,,~[~ASSOCIATES WATER MANAGEMENT.. PLAN '- KRAMER "' .... ~ [ ANGILERI. GRECH AND (,,.) *.,-, .... ..., .,,-,,,, .......... 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. 96-56 Which was adopted by the Board of County Commissioners on the 24th day of September, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of September, 1996. DWIGHT E. BROCK .,' Clerk of Courts and Ex-officio to Board Of .. iu~y Comml~ ... :... ~ ..:-( ~. eputy Clerk . i .......' ' -' 'l