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Ordinance 96-60 ~z- ORDINANCE NO. 96-60 ...~ ,.' R[C[1VrO -. Clerk of Board ~ ORDINMICE ~MENDING ORDINANCE N~BS~ 9~-~02 -('/ ~H~ CO~ER COU~ ~D D~B~H~ COD~ ~CH """:' INCLUDES THE COMPREHENSIVE ZONING REGU~TIONS .-. ,e,c. --z.z ...... FOR THE ~INCORPO~TED ~EA OF COLLIER COUNTY, F~RIDA BY ~ENDING THE OFFICIAL ZONING ATBS CBSSIFICATION OF THE HEREIN DESCRIBED R~ PROPERTY FROM "PUD" TO "PUD" PENNED ~IT l D~E~PMENT KNO~ AS BRIGHTON G~DENS , CONTAINING 133 CONGREGATE LIVING FACILITY ~ITS, WITH 93 ASSISTED LIVING ~ITS ~D A' 40 BED SKILLED N~SING FACILITY FOR PROPERTY ~CATED ON THE WEST SIDE OF AIRPORT-PULLInG ROAD (C.R. 31), APPROXIBTELY 1 1/2 MILESh SOUTH OF I~OBLEE ROAD, ~CATED IN SECTI~ 2, TOWNSHIP 49 SOUTH, ~GE 25 EAST, COLLIER CO~TY, F~RIDA, CONSISTING OF 5.14 ACRES; PROVIDING FOR THE REPEL OF ORDIN~CE N~BER 90-72, AS ~BDED, THE FOBER GREEK ORTHODOX CH~CH PUD; AND 3Y PROVIDING AN EFFECTIVE DATE. WHEREAS, Kevin G. Coleman, Esquire of Goodlette, Coleman & Johnson and Robert L. Duane of Hole, Montes and Associates, representing Marriott Senior Living Services, 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 Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 2, Township 49 South, Range ~5 East, Collier County, Florida, is changed from "PUD to "PUD" Planned Unit Development in accordance with the Greek Orthodox Church PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 9502N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. -1- Ordinance Number 90-72, as amended, known as the Greek Orthodox Church PUD, adopted on September 25, 1990 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. 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 ~T~ day of J.~ , 1996. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~rfE~,~ ........]',~ o . NORR~~ .-'-l'<"' .....',.-~f/f',, BY: : ..-.... .. ~ J MARJO~iE H. STu'bENT ASSISTANT COUNTY ATTORNEY PUD-96-9 ORDINANCE/17819 Thls ordinance flied with the Secretary of State's Office the /,VX~-day of C_J~c'. / ~ ~ and acknowlcd_cement of that /~ -2- BRIGHTON GARDENS PLANNED UNIT DEVELOPMENT Prepared for: Marriott International, Inc. Prepared by: Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, FL 33940 Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Ste. 300 Naples, FL 33940 HMA File No. 96.31 October, 1996 Date Filed: Date Review by CCPC: Date Approved by BCC: 10/8/96 Ordinance No: 96-60 W:~i996X96031XRLDXPUD.WPD TABLE OFCONTENTS Page SECTION I - Statem~:nt of Compliance ......................................... ! - 1 SECTION H - Prolzrty Ownership, Legal Description and Short Title .................2 - 1 SECTION HI - Statement of Intent and Project Description ..........................3 - 1 SECTION IV - General Development Regulations ................................. 4 - 1 SECTION V - Permitted Uses &Dimensional Standards '~' for Residential Development ....................................... 5 - 1 SECTION VI - Transportation Requirements ..................................... 6 - 1 SECTION VII - Utility and Enginering Requirements ............................. 7 - 1 SECTION VIII - Water Management Requirements ................................ 8 - 1 SECTION IX - Environmental Requirements ..................................... 9 - I EXHIBITS A. PUD Master Plan B. Architectural Rendering SECTION I STATEMENT OF COMPLIANCE The development of 5.146 acres of property in Section 2, Township 49 South, Rangc 25 East, as a Planned Unit Development to be known as the BRIGHTON GARDENS PUD will be in compliance with the planning goals and objectives of the Collier County Growth Management Plan for the following reasons: l.I The project intensity is regulated by Section 2.6.26.30) of the Collier County Land Development Code (LDC), which permits a maximum intensity of twenty-six group housing units per acre. The proposed 117 unit 033 bed) Assisted Living Facility, pwposed to be developed at a density 22.8 units per acre, therefore, is consistent with the Collier County Land Development Code CLDC). 1.2 Policy 5.8 of the Collier County's Future Land Use Element of Collier County Growth Management Plan notes that Group Housing which may include the following: Family Care Facility, Group Care Facility, Care Units, Adult Congregate Living Facility and Nursing Homes, shall be permitted within the Urban Designated Area subject to the definitions and regulations as outlined in the Collier County Land Development Code (ordinance 91-102, adopted October 30, 1991) and consistent with the locational requirements in Florida Statutes (Chapter 419.001 F.S.). 1.3Improvements are pined to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. i.4 The project will be served by a full range of services, including sewer and water by the County resulting in an efficient and economical expansion of facilities as required in Policies 3. l H and 3. l L of the Future Land Use Element. 1.5 The project contains !and uses and densities which make it compatible with and complementary to adjacent existing and future land uses, as required by Policy 5.4 of the Future Land Use Element. 1.6 All final local Development Orders for this pwject are subject to the Collier County Concurrency Management System as implemented by the Adequate Public Facilities Ordinance. l-i SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE 2. ! PROPERTY OWNERSHIP The property is currcn~y owned by SAPHI Company, Ltd. under contract by Marriott Senior Living Services, Inc., a Delaware Corporation. 2.2 LEGAL DESCRIPTION Soulh ~ oftto Soulhcast % of tte Northeast % of the Northeast % of Section 2, Township 49 Soutt, Range 25 East, lying and being in Collier County, Florida, less and excepting th~ east 100 fe~t ttereof pr~viously d-',eded to tte State of Florida. 2.3 SHORT TITLE This ordinanc~ shall be known and cited as tte "BRIGHTON GARDENS PLANNED UNIT DEVELOPMENT". 2-1 SECrION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION The developer's intent is to establish a PIned Unit Development meeting the applicable standards of the Collier County Land D~velopment Code. It is the purpose of this document to set forth guidelines for future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 PRO.IECT DESCR/FrION The project is comprised of 5.146 acres and is located on the west side of Airport Road, approximately one and one half miles south of lmmokalee Road in Section 2, Township 49 South, Range 25 East. This facility consists of a 93 bed Assisted Living Facility located on three floors. A 40 bed Skilled Nursing Care Facility is also contained within the project and offers comprehensive Skilled Nursing Care around the clock for project residents only. A maximum of I 17 units or 133 beds will be contained in the Adult Congregate Living Facility. 3.3 LAND USE PLAN The PUD master plan contains appwximately 5.146 acres planned for an Adult Congregate Living Facility, which includes internal roadways, amenity areas, open space, landscape buffers and other similar uses found in residential areas. Open space within the development shall meet, or exceed, 30 percent of the total acreage as required by the Collier County Land Development Code. Recreational facilities shall be identified on the Preliminary Site Development Plan, if applicable. 3.4 PROJECT PHASING The anticipated time for build-out of the entire pwjeet is three (3) years or by December 31, 1999. SECTION IV : GENERAL DEVELOPMENT REGULATIONS 4.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, and the respective land nses. 4.2 GENERAL A. Regulations for development of the BRIGHTON GARDENS PUD shall be in accordance with the contents of this doeument~ PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and the Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improv,.,ments, such as but not limited to Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations 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 definitions 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 the BRIGHTON GARDENS PUD 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, other provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Div. 3.15 of the Collier County Land Development Code at the earliest or next to occur of either final SDP appwval, or building permit issuance applicable to this development. 4.3 SITE CLEARIN(3 AND DRAINAGE Clearing, grading and earthwork shall be in accordance with Section 3.2.8.3.6 of the LDC, and site drainage work shall be in accordanc~ with Section 3.2.8.3.7 of the LDC. 4.4 EASEMEN'I~ FOR UTILITIES Easemcnts, where P, quired, shall be provided for water management areas, utilities and other purposes as may be required by Collier County and other permitting agencies. All nece, ssaty easements, dedications or other instruments shall be granted to ensure continued operation and maintenance of all services and utilities, in compliance with applicable regulations in effect at the time approvals are requested. 4.5 AMEND~ TO THE MASTER PLAN The Master Plan is designed to be flexible with regard to the placement of buildings, and water management facilities, as long as the final design complies with all the applicable portions of the PUD ordinanc~ and the building heights and setbacks m'~ the same or similar as depicted on the PUD Master Plan for the proposed structure. The Planning Services DirecWr shall be authorized to approve minor changes and refinements to the BRIGHTON GARDENS PUD Master Plan upon written request of the Developer based on the following, in addition to the standards provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. 1. To reconfigure lakes, ponds, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County and there is no further encroachment into preserve areas. 2. Internal realignment of rights-of-way other than relocation of accets points to external streets. 3. Reconfigurafion ofthe development envelopes where there is no encroachment into buffer areas and all pertinent setback requirements provided for in this ordinance are met. 4.6 PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A' of the PUD Master Plan, constitute$ the required PUD Development Plan. Subsequent to PUD approval, a Preliminary Site Development Plan shall be submitted for the entire area covered by the PUD Master Plan. The Site Development Plan shall be submitted and reviewed in accordance with all provisions of Div. 3.3, Site Development Plans ofthe Collier County Land Development Code, unless otherwise provided for within this PUD, and prior to the issuance of a building permit or other development order. 4.7 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on those buildable portions of th~ project site am such that there is a surplus of earthen mat~al, then its off-site disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "lX'velopment Excavation" pursuant to Sec. 3.5.5.1.3, Land Development Code, whereby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. B. A timetable to facilitate s,'dd removal shall be submitted to the Planning Services Director for approval. Snid timetable shall include th¢ length of time it will take to complete said removal, hours of operation and haul routes. C. All provisions of See. 3.5, Land Development Code are applicable. 4.8 SUNSET AND MONITORING PROVISIONS The BRIGHTON GARDENS PUD shall be subject to Sec. 2.7.3.4, Land Development Code, time limits for approved PUD Master Plans nnd Sec. 2.7.3.6, Monitoring Requirements. 4.9 POLLING PLACES Any community recreation/public building/public room or similar common facility located within the BRIGHTON GARDENS PUD may be used for a polling place, if determined necessary by the Supervisor of Elections, in accordance with Sec. 2.6.30 of the Collier County Land Development Code. 4.10 INTENSITY A maximum of 133 Adult Congregate Living Facility Units are permiRed along with incidental accessory uses. 4.11 LANDSCAPING REQUIKE~ All landscaping requiranents, buffets, walls, betms, etc. shall be developed in conformance with requirements of Division 2.4 of the Collier County Land Developm~it Code pertaining to landscaping nnd buffering, except the rear yard landscape buffer shall be a Type C buffer, 20 feet wide nhd comprised ofcanopy trees 14-16 feet in height with double staggered rows on 30 foot centers, combined with a 6 foot hedge. This buffer shall achieve no less than i 00 percent opacity from the property line for a vertical distance of 6 feet within one year of the issuance of a building permit Furthermore, said buffer shall achieve an 80 percent reduction of the view of the building horizon from the view of occupants located in adjacent single family homes as measured from the rear wall of residential structures lying to the west of the project site. In addition, a sidewalk is permitted to be provided through the front yard buffer area provided that additional buffer area is provided equal to or greater than the sidewalk area and trees within this buffer area are placed on twenty (20 foot) centers in the front yard buffer area. 4.12 SIGNS All signage ofthe BRIGHTON GARDENS PUD shall be the same as permitted by Section 2.5 of the Collier County Land Development Code 4.13 NATIVE VEGETATION RETENTION REQUIREMENTS The site is presently void of viably functioning native habitat, therefore, no native vegetation is proposed to be retained on site. 4.14 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, preservation areas, and the water management facilities shall be the responsibility of the owner. 4.15 USE OF RIGHT-OF-WAY The developer, at the time of Final Site Plan submittal, has the option of designating the internal road fights-of-way for either private or public use. 4.16 ARCHITECTURAL STANDARDS (RENDERING) Attached is an 8xl I architectural rendition, known as Exhibit No. B, depicting the proposed development regime for the project. Any proposed development orders issued for the subject property shall be substantially in compliance with Exhibit No. B. SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS FOR ADULT CONGREGATE LIVING FACILITY USES 5.1 PURPOSE The purpose of this Section is to identify pcnnitted uses and development standards for areas within the BRIGHTON GARDENS PUD designated on Exhibit "A", PUD Master Phm for residential use. 5.2 MAXIMUM UNITS A maximum of 117 units or 133 beds will be contained in the Adult Congregate Living Facility. 5.3 GENERAL DESCRIPTION - '~' The land use acreage tabulations for the Adult Congregate Living Facility including open space areas are depicted on the PUD Master Plan. This acreage is based on conceptual designs and is subject to further refinement. Actual acreages of developmental and open space areas will be provided at the time of Site Development Plan approval, in accordance with Article 3, Division 3.3 of the Collier County Land Development Code. 5.4 PERMITFED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or !and used, in whole or part, for other than the following: 1. Principal Uses: (a) An Adult Congrcgatc Living Facility as dcfined in Division 6.3 ofthc Collier County Land Development Code and stated as follows: ,4dult congregate living facility (ACLF): Any building(s), section of a building, distinct part of a building, residence, private home, boarding home, or othcr place, whcther operated for profit or not, which undertakes through its ownership or management to provide for a period exceeding 24 hours, housing, food service, and one or more personal services for four or more adults, not related to the owner or administrator by blood or marriage, who require such services and to provide limited nursing services, when specifically licensed to do so pursuant to F.S. {}400.407. The facility shall bc licensed and approvcd as such by Florida dcpartment of health and rchabilitativc scrvices. A facility offering personal services or limited nursing services for fewer than four adults is within the meaning of this definition if it formally or informally advcrtiscs to or solicits the public for 5-1 residents or referrals and holds itselfout to the public to be an establishment .which regularly provides such sentices. 2. Accessory Uses and Structures: (a) Accessory uses and structures customarily associated with principal uses associated with Adult Congregate Living Facilities including a medical care facility, retail dispensary and similar support facilities for project residents only. 5.5 DEVELOPMENT STANDARDS 1. Table I sets forth the Development Standards for the Adult Congregate Living Facility. In cases where the PUD Master Plan, Exhibit I proposes more restrictive standards with regards to height and setback, it shall prevail. BRIGHTON GARDENS PUD DEVELOPMENT STANDARDS Table I Front Yard Setback 50 ,, Side Yard Setback 30 Rear Yard Setback 50 Maximum Building Height 3 habitable sto~e,4s} · ~ ~, Distance Be.t~,..een Principa! Structures .5 .sBHc~} Three story portions of the structure to be setback a minimum of 100 feet from the rear pwperty line. One story portions of the structure to be setback a minimum of 50 feet from rear property line. Sum of building heights. 2. Standards for parking, landscaping, signs and other pertinent development standards where not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. 5-2 SECTION VI TRANSPORTATION REQUIREMENTS The purport of this Section is to Ht forth the trmuportadon commitments of the Project Developer, 6.1 The developer shall provide a sidewalk along one side of the street, internal to the project, for the exclusive use of project residents which shall be constructed at the same time as other site related improvements. 6.2 The developer shall provide arterial level street lighting nt the project entrance point. Said improvement shall be in place prior to the issuance ofnny Certificates of Occupancy. 6.3 To facilitate both ingress and egress for the project, the developer shall be responsible for providing a southbound right-turn at the project entrance. This construction shall be considered site-related and shal! not be eligible for road impact fee credits, and shall be in place before Certificates of Occupancy are issued. 6-1 SECTION VII UTILITY AND ENOINEERINO REQUIREMENTS The purpose of this Section is to s~t forth the utilities and enginering commitment of the l~'oject Developer. 7.1 UTILITIES A. Sewer and water service shall be provided by Collier County. All pextinent requirements pertaining to the extension and construction of utilitie~ shall be met. 7.2 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Planning Services Director for review. No construction permits shall be is.,,'ued unless and until approvM of the proposed construction in accordance with the submitted plans is granted by the Planning Services Director. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. The developer and all subsequent petitioners are hereby placed on notice that they shall be required to satisfy the requirements of all County development ordinan.ees or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order. 7-1 SECTION VIII WATER MANAGEMENT REQUIREMENTS The purpose of this Beetion is to set forth the water management commitments of the Project Developer. 8.1 Detailed paving, grading and site drainage plans shall b~ submitted to the Development Services Director 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 Planning Services Director. 8.2 Design n.,~d construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. 8.3 Landscaping shall not be placed within the water management areas unless specifically approvod by Planning Services Director. 8.4 An excavation permit shall be required for the proposed lake (in accordance with Div. 3.5 of the Land Development Code and South Florida Water Management District roles). SECTION IX ENVIRONMENTAL REQUIREMENTS The purpose of this section is to set forth the environmental requirements of the project developer. 9.1 The project shall meet all pertinent requirements of the Collier County Omwth Management Plan, including the Coastal Zone and Conservation Management Element, in effect at the time that requests arc made for Site Development Plan approval. 9-1 DM~i;2ALD LAK:E~ D~IV~ ~" ~' 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 - 60 Which was adopted by the Board of County Commissioners on the 8th day of October, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of October, 1996. DWIGHT E. BROCK ,,.~,~"""",];,, ".: Clerk of Courts and C. ie~k~ ~ i. .'..... ~",,' Ex-officio to Board~q~ County Commissione's.-: Deputy Clerk ',. , ...~........' ~,~',~. "".....i..'.'