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Ordinance 89-095ORDINANCE 89-_~ AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 48-26-9 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS BREEZEWOOD FOR A POTENTIAL MIXED USE DEVELOPMENT OF RETAIL AND NON-RETAIL COMHERCIAL LAND USES FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF IMMOKALEE ROAD/I-75 INTERCHANGE QUADRANT, CONTAINING 7.41± ACRES, LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane of Hole, Montes and Associates, representing Fredrick R. Pauly, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property~ NOW, THEREFORE BE IT ORDAINED by the Board of County Co~mtssioners of Collier County, Florida: The Zoning Classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from WA-2m to mPUDw Plarmed Unit Development in accordance with the PUD document attached hereto as Exhibit WAW which is incorporated herein and by reference ~ade part hereof. The 0fficial Zoning Atlas Hap Number 48-26-9, as described in Ordinance Number 82-2, is hereby aBe~ded accordingly. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance hasten filed with the Secretary of State. DATE: December 19, 1989 BOARD OF COUNTY COHMISSIONERS ,T.A~S.' ?. GILF~, '~LERK I~URT ~.. SAUNDERS, C~IAIIUiAN W~RJO~IE ~. STUDENT 037:,,:285 BRZEZE~OOD PI~J~ED UI~T DEVELOPHENT HX~ ~'~L~ ~0. SS. ~0~ Prepared By Hole, Hon~ee & Associates, 715 10~h S2ree2 South Naples, Florida 33940 December 12~ 1989 Inc. EXIIIBIT "A" B~CTZOg l BTAT~I~lqT OF COMPLIANC~ .......................... g~CTION ZZ PRO~&~ OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND UNIFIED CONTROL ......................... 2 ~ECTION III · TATEMENT OF INTENT AND PROJECT DESCRIPTION ........ 3-4 SECTION IV GENERAL DEVELOPMENT REGULATIONS .................... 5-9 SECTION V ENVIRONMENTAL STANDARDS ......................... ... 10-12 -'SECTION VI TI~NS PORTATION REQUIREMENTS ........................ 13 SECTION VIZ D~ILITZES REQUIREKENTS ............................. 14-16 VIII WATER MANAGEMENT REQUIREMZNT~ ...................... 17 LIST OF EXHIBITS IXIIIBIT A CONCEPTUAL MASTER PLAN EXIIIBIT B WATER KANAGE2~lqT PLAN SECTION I STATEMENT OF COMPLIANCE The development of ~his project will be in compliance with the planning goals and objectives of Collier County as set for~h in the Growth Management Plan. This compliance includes: 1. ~e ~Jec~ prope~y is located in an area identified as am A~lvl~y Center In ~e Gro~h Management Plan for Collier 2. A~vl~y Cen~ers are ~e prafe~ locations for ~e co~cent~ion of c~erolal and mixed use develo~ent 3,1 The subJec~ tract is located on the southwest corner of the X~okalee Road and Z-75 intersection. This strategic lo~atio~ allows ~he sits superior access for the placement of commercial activities. 4e The project shall be in compliance with all applicable County regulations including the Growth Management Plan. The pr~Jec~will be served by a complete range of services and utilities as approved by the County. The project is compatible withadJacent land uses through the internal arrangement of It~oturll, thl placement of land use Muffet,, and the proposed development standards confined here~. The Planned UnitDevelopment includes open spaces and natural featurss which are preserved from future development in order ~o a~han~e their natural functions and to serve as project amenities. ,= 037,, 288 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND UNIFIED CONTROL 2.1 The subject property is currently owned by: Fredrick R. Pauly, Trustee 2.2 The subject property ia described as follows: BREEZEWOOD PUD The East 1/2 of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. Lees and except the north 100 feet thereof conveyed to the Stats of Florida, dated 26 September, 1955, and recorded in D.B. 43, Page 243, P~blic Records of Collier County, Florida. Less and except that property conveyed to the State of Florida by deed dated I September, 1970 and recorded in O.M.B. 370, Page 397, Public Records of Collier County, Florida. Containing 7.42 acres, Bore or lass. 2.3 ~ This ordinance shall be known and cited ae the "Breezewood Planned Unit Development". It is the intent of the Fredrick R. Pauly, Trustee to develop a Planned Unit Development of approximately 7.4~ acres on property . located on the southwest corner of the X-75/Xmmokalee Road interchange quadrant. This statement represents that Fredrick R. Pauly, Trustee, currently has lands under unified control for the ~urposs of obtaining PUD Zoning on the subject property. Development of Breezewood will occur in accordance with all co~i~ents contained within the PUD document and in accordance wl~.h all applicable Collier County ordinances at the time of construction. ,& 037. ,. 289 pllSIXSECTION · STATEMENT OF TNTENT AND PROJECT DESCRIPTION It is ~ha developer's intent to establish e Planned Unit CouneFcial Develolment. It is ~e ~se of ~his d~en~ ~ se~ fo~ ~ex~lo ~i~elines for ~e fu~urm devilo~en~ o~ ~e pro~e~ ~a~ see~ accepted pla~ing principles and pra~cel and to inplenen~ the Gr~h Hanagenen~ Plan. 3.2 ~ Exhibit 'A' PUD Master Plan, constitutes ~he required PUD Development Plan. Subsequent or concurrent wl~h PUD approval a Subdivision Master Plan shall be submitted for the entire area included in the PUD Master Plan. Ail divisions of proper~y and the development of the land shall be in compliance with the Subdivision Regulations. The provisions of Section 10.5 of the Zoning Ordinance shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.5 prior tot he issuance of a building permit or other development order. 3,3 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shell be performed in accordance with applicable Collier County Codes and Ordinances and the s~andards and commitments of this document. 304 :FJLS~ FOR UTILITIES Easement, ~here required, shall be provided for ~ater management areas, utilities and other purposes as may be needed. All nocessa~ easenenta, dedications or.other instruments shall be granted to insure the continued operation and maintenance of all services and utilities. This will be in subs~antial conpliance with applicable regulations in affec~ at ~he tine approvals are requested. ~nse~vaCion area has been ae~. aside on ~he sou~.h side of s~te to all~ for additional foraging h~a~ for ~ R~ ~d~ ~peckers (R~'e), ~ch have been ~dent~f~ on ~e ~e ad~acen~ tra~ for h~i~, ~e conse~ation area ~lll ~ l~f~ in its natural s~. Should ~e R~s no lo.er present ~n ~e l~edia~e v~cin~ty, a ~on of ~s co~e~ation area ~a~ ~ ut~liz~ for fukure d~elo~en2, as lo~ as a t~en2~-f~ve f~2 se~ack ~s ~[n~a~ned and ~n ~del~nes of ~s d~enk ~d ~e Collier C~2~ Zoning SECTXON IV GENERAL DEVELOPMENT REGULATIONS The purpose of this section is to dalineate the develolment regulations that accompany the Conceptual Master Plan. 4.2 ~ Where development standards are not specifically provided for ~n this document the applicable standards of the Collier County Zoning Ordinance shall apply. 4.3 ~ No building or structure, or parc thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Princioal Commercial USes ~ntique shops~ appliance stores~ art studios~ art supply shopsl automobile parts stores~ automobile service stations with repairs (in accordance with the standards of Section 9.8 of the Zoning Ordinance}. Bakery shops~ bait and tackle shops~ banks and financial institutions~ barber and beauty shops~ bath supply stores~ bicycle sales and servicss~ blueprint shops~ bookbinders~ book stores~ business machine services. Carpet and floor covering sales - which may include storage and installation~ churches and other places of worship (in accordance with the standards of Section 8.11 of the Zoning Ordinance)~ clothing' stores~ cocktail lounges (in accordance with the standards of Section 8.11 of the Zoning Ordinance)7 commercial recreation uses - indoor~ commercial schools~ confectionery and candy stores. Delicatessens~ department stores~ drug storss~ dry cleaning shops~ dry goodstores~ and drapery shops. Electrical supply stores~ equipment rentals includin9 lawn mowers and power saws, which may include their repair and sale. 037- .: 292 Sd Fish~arket - retail only; florist shops; fraternal and social clubs (in accordance with the standards of Section 8.11 of the Zoning Ordinance); funeral homes; furniture stores; furrier shops. Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales - including storage and installation; gourmet shops. Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. ICe crsa~ stores. 10. Jevelry stor&s. 11. Laundries - self service only; leather goods; legitimate theatres; liquor stores; locksmiths. ~arinas; markets - food; markets - meat; medical offices and clinics; millinery shops; motels and hotels; motion picture theatres; museums; music s~ores; minor automobile repair work. 13. New car dealerships - outside display permitted; news stores; night clubs (in accordance with the standards of Section 8.11 of the Zoning Ordinance). 14. Office - general; office supply stores. 15. Paint and wallpaper stores; pet shops; pet supply shops; photoqraphic equilment stores; pottery stores; printing;publishing and mimeograph services shops; private clubs (in accordance with the standards of Section 8.11 of the Zoning Ordinance); professional offices. 16. Radio and television sales and services; radio' station (offices and studios), and auxiliary transmitters and receiving equipment, but not principal transmission tower; research and design labs~ rest homes; restaurants - including drive-in or fast food restaurants (in accordance with the standards of Section 8.11 of the Zoning ordinance). Recreational vehicle sales and services including repair. 17. Sewage treatment facility; shoe repair; shoe stores; shopping centers; souvenir stores; stationery stores; supermarkets and sanatoriums. 18. Tailor shope~ taxidermiets~ tile sales - ceramio tlle~ tobacco shops! toy ehops~ tropical fish stores. 19. Upholstery shops. 20. Variety etoree~ vehicle rental - automobiles onlyl veterinarian offices and clinics - no outside kennels. 21. Watch and precision instrument repair shops. 22. Warehousing 9nd wholesaling uses and comparable uses. 23. Any othe[ commercial use or professional service which is comparable in nature with the foregoing uses and which the County ~anager, or his designee, determines to be comparable to and compatible with the foregoing uses. Accellory commercial facilities f~cilities, uses and structures customary in centers and for transient lodging including temporary water and sewer should they be required. C. Conservation Area Uses determinedto be consistent with the intent o£ the Conservation Area such as boardwalks, nature trails and picnic areas until such time as it can be documented that the Red Cockaded Woodpeckers no longer inhabit the adjoining property to the southwest. 4.4 LAND USE INTENSITY AND I~OJECT PHASIN~ Co~mercial - Tract I Kotel/Office - Tract II RetentionArea - Conservation Area - 2.63 Acree/114,45S S.F. 3.06 Acres/133,152 $.F. 1.12 Acres/48,681 .61 Acres/26,416 There are two tracts of land placed for development within this PUD, Tracts I and II. The full range of commercial uses will be permitted on Tract I. Tract II will be limited to Botelusee, office uses, warehouse and distribution facilities including other land uses which are non-retail in character. On the Co~arcial Tract I, a ~aximu~ of 25,000 square fast of r~tail use will be allowed in accordance with the provisions &llowe~ in Section IV, Subsection 4.3 of this PUD document. The Motel/Office Tract II will allow a maximum of 50,000 equate feet of non-residential land uses or a maximu~ of 130 ·otel units, based on a density of twenty-six dwelling units per acre. Propert~ is projected to be developed to a buildout over a ten year period. 4 .S GEII~'I~L DEVELOPMENT REGULATION~ ~eneral~ Ail yards, setbacks, etc. shall be in relation to parcel boundaries unless specifically stated otherwise. Minimum Setbacks and Buildina Seoarations~ e 1. Front yard - Recognizing the irregular configuration of Tract I due to the 1-75 access ramp, an average setback of 65 feet shall be maintained, as measured from the midpoint of the structure. Tract II shall have a fifty foot setback. Side yard setback - Twenty-five (25) feet. A zero (0) setback is permitted from the edge of the Conservation. Area. 4. A zero (0) setback is permitted from the Tract I/Tract II property boundary. 5. Rear yard setback - Twenty-five (25) feet. 6. No two principal structures may be closer together than one-half the sum of the building heights. Minimum Floor Area Hotel Unitsi Three hundred (300) square feet and not to exceed five hundred (500) square feet. Ail o~her connercial uses: Minimum one thousand (1,000) square feet. ' D. Off-street Perkins Reouireme~s As required by the Collier County Zoning Ordinance in effect at the time permits are requested. 037,,','-295 (50) feet for non-res~dantial developmento & £i£ty (50) feet setback will be provided from adjoining p~R~cy ~inas. The perimeter of the p~ant w~ll be screened in accordance with the standards of Section 8,37 of the Collier County Zoning Ordinance. 5.1 SECTION V ENVIRONKENTAL STANDARDS The purpose of this Section is to set forth the stipulations established by the Environmental Advisory Council. Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the tins of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan. shall be submitted to the Environmental Resources staff for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. Nativm specims shall be utilized, as dmscribed below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist fortheir review and shall be subject to their approval. The landscape design shall incorporate a ~inimuaof 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the grotmdcover shall be native species. At the direction of t-he County Landscape Architect or County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of groundcover. For example, the use of 70% native trees could allow the use of only 50% native groundcover. This plan shall depict the incorporation of native species and their with other species, if any. The goal of site landscaping shall be the recreation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 10 037 297 All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be l~plemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and lnspec~ion intervals, shall be filed with and subJec~ to approval by the Environmental Resources s~aff and the Community Development Services Division. If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, az~cifact, or other indicator is discovered, all development at that location shall be inediataly stopped and the Environmental Resources staff notified. Development will be suspended for a sufficient length of time to enable the Environmental Resources staff or a designated consultant to assess the find and dst.rain, the proper course of action in regard to its salvageability. The Environmental Resources Management will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. At least an eighty (80) foot buffer (preservation of .61~ acres) will be set aside for foraging habitat for the Red Cockaded Woodpeckers (ROW) colonizing on adjacent tracts of land. This conservation area will be left in its native state as long as the RCWts ara present in the l~mediata vicinity. Note= Viable foraging habitat within a ROW colony range becomes Jurisdictional to Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. In the retention area, indicated on the master plan, a 0.25 acre of existing wetland habitat will be sst aside for preservation. The wetland will have a natural vegetated littoral zone by utilizing the plant~terials from the excavated area of the marsh. All Jurisdictional wetlands, preservation areas shall be flagged by the p~titioner prior to any construction. These araas shall be fisld approved by Collisr County Planning Servlcss Environ~ental lsvtew staff. Arsas shall not be altered or modified, with the exception of exotic vegetation removal, from the natural stat. unless otherwise stipulated in an approved mitigation plan. 11 Prior to deve~Olment activ~ties~ wetlands~ praservation areas, buffer zoned, natural vegetation/landscape areas or other area desiqnated prote~ced during the site plan review process shall be clearly ~arked by suitable barriere or visual narkere no closer than aiM feet from such areas. EAC race. mends t hat the Collier County Planning Services, Collier County Environmental Services, Southwest Florida #star Managenent District and U.S. Army Corps of Engineers coordinate the design of the water ~anagement and site ~lans of this and the adjacent develolment to · in~lza IBpact of the two adjacent developments on the Jointly held wetland. 12 '¸4 TRANSPORTATION VI TRANSPORTATION REQUIREHENTS The DeveloPer shall.* Provide left and right turn lanes on I~mokalse Road at the project entrance. Provide a fair share contribution toward the capital cost cf a traffic signal at the project entrance when deemed warranted by the Coun=y. The 'signal shall be owned, opera=ed and laintained by Collier County. Provide arterial .leveX street lighting at the project entrance. All traffic control devices used shall conform withthe~anual on Unifo~ Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. These i~provements are considered 'site related# as defined in Ordinance 85-55 and shall not be applied as credits toward any i~pac~ fees required by that ordinance. All improvements except signalization shall he in place before any certificates of occupancy are issued. 7,1 SECTION V~ UTILITIES AND ENGINEERING REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering requirements which must be accommodated by the project developer. 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 maintain~d in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 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. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the proJsct. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive'demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wast.water at the time development commences, the Developer, at his expense will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of Collier County Ordinance No. 88-76, as amended. 14 4e If an interim on-sits water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand at a rats approved by the appropriate Firs Control District servicing the project area. Prior to approval of construction documents by the County, the Developer must present verification pursuant to Chapter 367, Florida Status, that the Florida Public Service Commission has granted territorial rights to th. Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer faclll~ies. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on-sits force main which will ultimately connect the project to the future central sewerage facilities of the District in the Immokalee Road rights-of-way. The force main must be extended from the main on-site pump station to the west rights-of-way line of Immokalse Road and capped. It must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. The on-site water distribution system to serve the project must be connected to the District's 12 or 16 inch water main on the south side of Immokalee Road, extended eastward to the east boundary line of the project consistent with the main sizing requirements specified in the County's Water Master Plan. The coordination for the location and sizing. of the main extension shall be processed through the County Utility Division. During design of these facilities, the following features shall be incorporated into the distribution system: a) Dead end mains shall be eliminated by looping the intermal pipeline network. b) Stubs for future system interconnsction with adjacent properties shall bs provided to the west, and the south property lines of the project, at locations to be mutually agreed to by the County and the developer during the design phase of the project. 15 ae Design and conetru~tion of all i~provements shall be subJec~ to compliance with the appropriat. provisions of the Collier County Subdivision Regulations. Access into each tract aa shown on the conceptual P.U.D. Master Plan ia informational only. Location and number is subject to Subdivision Master Plan approval. This project is recommended fo~ approval for rezoning purposes only. Subdivision Master Plan shall be sublittad and approved at a later date. de Before construction plans approval, the developer shall demonstrate that there is legal right to use the access road into the site. The developer shall provide an agreement between the County, the developer and F.D.O.T. that maintenance activities will be the responsibility of the developer until and if maintenance responsibility ia assumed by the County. The local street for this proJe~ shall be designed according to the typical section for collator streets aa required in Article XI, Section 6 of the Subdivision R~gulations, since this is a commercial development. 16 037,,,,: ~ · ~' WATER MANAGEMENT REQUIRE~L~NTS A. ~ ~se of ~ts section ~s to set fo~ ~ "%{'~"' ~a~, ~ich shall be acco~ate~ by ~e d~elo~r. Detailed paving, grading and site drainage plane shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is grante~ by Project Review Services. A Florida Department of Transportation and South Florida Water Management District permit approval to outfall into the Cocohatchee canal shall be submitted before construction plane approval. Before construction plane approval, a copy of the Corps of Engineers and South Florida Water Management District permits shall be submitted to Project Review Services. 17 ,o. 037- ,: 304 ,~"037,,~.: :306 ' ,%:". , J~S C. GILES Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true cory of: Ordinance No. 89-95 which was adopted by the Board of County Commisatonere on the 19th day of December, 1989, durAng Regular Session. WITNESS my hand and the official seal of the Board of County Commieelonara of Collier County, Florida, thee 29th . ~ay of December, 1989. SAMES C. GILES Clerk of Courts an'd Cle~ Ex-officio to Board of~ County Commissioners Deputy Clerk ~ ~'~' 037,'%: 3D7