RECEIVED i. DEe 2007 ~\ 1\,_. project to be known as. Matheney, as successor trustee, petitioned the Board of County Commissioners to change.

Transcription

1 1t '%' ~ 01' A { y ~. DEe 2007 ~\ 1\,_ RECEVED i 9., 1,,,1:/ 2: SGtJl~ ORDNANCE NO, AN ORDNANCE OF THE BOARD OF COUNTY COMMSSONERS OF COLLER COUNTY, FLORDA, AMENDNG ORDNANCE NUMBER 04-41, AS AMENDED, THE COLLER COUNTY LAND DEVELOPMENT CODE, WHCH NCLUDES THE COMPREHENSVE ZONNG REGULATONS FOR THE UNNCORPORATED AREA OF COLLER COUNTY, FLORDA, BY AMENDNG THE APPROPRATE ZONNG ATLAS MAP OR MAPS BY CHANGNG THE ZONNG CLASSFCATON OF THE HEREN DESCRBED REAL PROPERTY FROM PLANNED UNT DEVELOPMENT PUD) TO COMMERCAL PLANNED UNT DEVELOPMENT (CPUD) FOR A PROJECT TO BE KNOWN AS THE GASPAR STATON CPUD, FOR PROPERTY LOCATED ON THE SOUTH SDE OF MMOKALEE ROAD CR 846), APPROXMA TELY ONE QUARTER MLE WEST OF THE - 75/ MMOKALEE ROAD, NTERCHANGE, N SECTON 30, TOWNSHP 48 SOUTH, RANGE 26 EAST, COLLER COUNTY, FLORDA, CONSSTNG OF n ACRES; PROVDNG FOR THE REPEAL OF ORDNANCE NUMBER 97-74, AS AMENDED, THE STLES CORPORATON PUD; AND BY PROVDNG AN EFFECTVE DATE. WHEREAS, Margaret Perry, ACP of WilsonMiller, nc, representing A. Grover Matheney, as successor trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE T ORDANED BY THE BOARD OF COUNTY COMMSSONERS OF COLLER COUNTY, FLORDA that: SECTON ONE: 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 Planned Unit Development ( PUD) to Commercial Planned Unit Development ( CPUD) for a project to be known as the Gaspar Station CPUD in accordance with the CPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof, The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTON TWO: Ordinance Number 97-74, as amended, known as the Stiles Corporation PUD, adopted on November 25, 1997, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. Gaspar Station: PUDZ-2006-AR Page 1 of2

2 SECTON THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a super-majority vote by the Board of County Commissioners of Collier County, Florida, this! ijday of2007. ATTEST: DWGHT E BROCK, CLERK BOARD OF COUNTY COMMSSONERS COLLER COUNTY, FLORDA fl.wa ~~ A~ U ~_ ',... S1lJ1l1twt 011". ep r, OL Clerk BY~~ JAM N. COLETTA, CH RMAN Approved legal sufficiency as to form and 1h-~ u1~-~ Marj ' e M. Student- Stirling Assistant County Attorney PUDZ-2006-AR KDsp Th! s ordinance { i:.., S; c. 1 v,dh ll'. fl"t. ṭary of, s.::..(~~. ();~ of ~~ i- p:::' day of ~ Gnd acknowledgement of th:_ ~ fili~ ived this (, 0'1-4..,''' o..- puty Clerk. Gaspar Station: PUDZ-2006-AR Page 2 of2

3 Exhibit A GASPAR STATON CPUD COMMERCAL PLANNED UNT DEVELOPMENT Acres located in Section 30, Township 48 South, Range 26 East Collier County, Florida PREPARED FOR: A. Grover Matheney, As Successor Trustee 2351 SW 3yth Avenue, Apt Miami, FL PREPARED BY: R. Bruce Anderson Roetzel & Andress, L.PA 850 Park Shore Drive Trianon Centre, Third Floor Naples, FL AND Margaret Perry, ACP Wilson Miller, nc Bailey Lane, Suite 200 Naples, Florida DATE FLED: DATE APPROVED: ORDNANCE NUMBER: October November Revised per BCC action

4 TABLE OF CONTENTS PAGE TABLE OF CONTENTS/ LST OF EXHBTS ii SHORT TTLE iij SECTON LEGAL DESCRPTON, PROPERTY 1-1 OWNERSHP, & GENERAL DESCRPTON SECTON PROJECT DEVELOPMENT 2-1 SECTON NTERCHANGE COMMERCAL LAND USE DSTRCT 3-1 SECTON V PRESERVE/ NATVE VEGETATON DSTRCT 4-1 SECTON V DEVELOPMENT COMMTMENTS 5-1 LST OF EXHBTS Exhibit A CPUD Master Plan Revised per BCC action 11

5 SHORT TTLE This ordinance shall be known and cited as " THE GASPAR STATON COMMERCAL PLANNED UNT DEVELOPMENT ORDNANCE." Revised per BCC action iii

6 SECTON LEGAL DESCRPTON, PROPERTY OWNERSHP, AND GENERAL DESCRPTON 1. 1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the project, and to describe the existing condition of the property proposed to be developed LEGAL DESCRPTON The project contains approximately 17.7 acres and is described as follows: The west Y:. of the northeast 11.. of the northwest 11.. of Section 30, Township 48 South, Range 26 East, Collier County, Florida. less and excepting therefrom: the north 100 feet thereof and the lands described in: OR Book 374, Pages , OR Book 1545, Pages , and OR Book 1837, Pages of the Public Records of Collier County PROPERTY OWNERSHP The subject property is currently under the ownership of A. Grover Matheney, as successor trustee, to Owen Ward, Trustee, under that certain land trust agreement dated June 29, 1988, with the following address: 2351 SW 37th Avenue, Apt. 1112; Miami, FL Revised per BCC action -

7 SECTON PROJECT DEVELOPMENT 2. 1 PURPOSE The purpose of this Section is to generally describe the plan of development for the project, and to identify relationships to applicable County ordinances, policies, and procedures GENERAL DESCRPTON OF PROJECT PLAN AND PROPOSED LAND USES The project includes a range of interchange commercial uses, storrnwater management, on Exhibit "A." lakes, and buffer areas. The CPUD Master Plan is illustrated graphically The developer intends to establish project wide guidelines and standards to ensure a high and consistent level of quality for the proposed land uses. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences, wall, buffers, berms and other similar features. The project will comply with the Architectural Review Guidelines as adopted in the Land Development Code (LDC). A Land Use Summary indicating approximate land use acreage is shown on the Master Plan GENERAL PERMTTED USES Certain uses shall be considered general permitted uses throughout the Gaspar Station Commercial CPUD except in the Preserve/Native Vegetation District. General permitted uses are those uses which are typically part of the common infrastructure. A. General Permitted Uses: 1. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 2. Guardhouses, gatehouses, and access control structures. 3. Architectural features and elements including walls, fences, arbors, gazebos and the like. 4. Temporary construction and administrative offices for the developer and developer' s authorized contractors and consultants, including necessary access ways, parking areas and related uses. 5. Landscape/hardscape features including, but not limited to landscape buffers, berms, fences, water features and walls. 6. Fill storage, site filling and grading are subject Section 2. 8 of this CPUD. B. Development Standards: to the standards set forth in The following development standards shall apply to General Permitted Uses: Revised per BCC action 2-1

8 1. Guardhouses, gatehouses, signage, landscape features, and access control structures shall be set back a minimum of ten feet from property lines. 2. Other general permitted uses ( except of five feet from property lines. fences) shall be set back a minimum 3. Maximum height of General Permitted Uses buildings - Thirty five feet. 4. Minimum floor area - None required. 5. Minimum lot or parcel area - None required. 6. Standards for parking, landscaping, signs accordance with the LDC provision development plan application. and other land shall be in in effect at the time of site Revised per BCC action 2-2

9 SECTON NTERCHANGE COMMERCAL LAND USE DSTRCT 3. 1 PURPOSE The purpose of this Section is to set forth the permitted uses and development standards for the development of the project. A. Principal Uses and Structures: No building or structure or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: 1. Accounting, auditing and bookkeeping services ( Group 8721). 2. Amusement and recreation services ( Groups , 7991, 7993). 3. Apparel and accessory stores ( Groups ). 4. Auto and home supply stores ( Group 5531). 5. Automotive repair services, and parking (Groups 6. Building materials, hardware and garden supplies ( Groups 7514, 7515, 7534, 7542) ). 7. Business services (Groups 7311, 7313, , , 7384). 8. Child day care services ( Group 8351). 9. Miscellaneous retail (Groups , except pawnshops and all uses dealing with secondhand merchandise, ). 10. Depository institutions ( Groups ). 11. Eating and drinking places (Groups ). 12. Electrical repair shops ( Group 7622 automotive radio, radio, television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines). 13. Engineering, accounting, research, management, and related services ( Groups , 8721, , 8748). 14. Food stores ( Groups ). 15. Gasoline service stations (Group 5541 except marine service stations and truck stops subject to the LDC). Revised per BCC action 3-1

10 16. Group care facilities ( Category and ); Care units except for homeless shelters; and nursing homes, subject to the LDC. 17. General merchandise stores ( Groups ). 18. Health services ( Groups , 8082, 8093, 8099). 19. Holding and other investment offices ( Groups ). 20. Home furniture, furnishings, and equipment stores (Groups ). 21. Hotels and motels ( Group 7011 in accordance with the development standards in this CPUD Document). 22. nsurance agents, brokers, and service (Group 6411). 23. nsurance carriers (Groups ). 24. Libraries (Group 8231). 25. Legal services ( Group 8111). 26. Membership organizations ( Groups , 8699). 27. Miscellaneous personal services ( Groups 7211, 7212, 7215, 7216 non- industrial dry cleaning only, , 7291). 28. Miscellaneous repair services ( Group 7631). 29. Museums and art galleries ( Group 8412). 30. New and used automobile sales ( Group 5511). 31. Nondepository credit institutions ( Groups ). 32. Paint, glass and wallpaper Stores ( Group 5231). 33. Public finance, taxation and monetary policy (Group 9311 property tax assessors' office and taxation departments only). 34. Public order and safety ( Groups 9211 and 9224). 35. Real estate (Groups 6512, ). 36. Social services (Groups 8322 activity centers, elderly or handicapped, adult day care centers; and day care centers; adult and handicapped only, and Group 8351). 37. United States Postal Service (Group 4311, except major distribution center). 38. Veterinary services ( Groups 0742, 0752, excluding outside kenneling). Revised per BCC action 3-2

11 39. Video tape rental ( Group 7841). 40. Any other uses which are comparable in nature with the foregoing approved through the process request for such use. uses and are set forth in the LDC, in effect at the time of the B. Accessory Uses and Structures: 1. Kiosk vendors. 2. Outdoor dining shall be permitted as an accessory use to an eating establishment. 3. Communication facilities including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHG, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permits. 4. Parking structures. 5. Generators. 6. Utility buildings. 7. Chickee or picnic areas. 8. Pool, tennis courts, and recreational amenities associated with a hotel or motel. 9. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use DEVELOPMENT STANDARDS FOR PRNCPAL AND ACCESSORY USES EXCEPT HOTEL AND MOTEL USE Minimum Lot Area: Ten thousand ( 10, 000) square feet for principal accessory uses. uses; none for Minimum Lot Width: One hundred feet ( 100') for principal uses; none for accessory uses. Minimum Yard Requirements: From mmokalee Road: Fifty feet (50') for principal uses; twenty feet (20') for accessory uses. Front Yard: Twenty- five feet (25') for principal uses; twenty accessory uses. feet (20') for All other yards: Fifteen feet ( 15') for principal and accessory uses. Setback from Preserves: Twenty- five feet (25') feet for principal structures; ten feet ( 10') feet for accessory structures and all other site alterations. There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. Maximum Height: Thirty- five feet (35') for principal and accessory structures, except for non- functional architectural elements ( such as bell towers) which shall have a maximum height of fifty feet (50'). Revised per BCC action 3-3

12 Minimum Floor Area of Principal Structure: Seven hundred (700) square feet of gross floor area for each building on the ground floor. Minimum Floor Area of Accessory Structure: none required. Distance between principal structures: None, or a minimum of five feet (5') with unobstructed passage from front to rear yard. Distance between principal and accessory structures: None required. Minimum standards for lighting and landscaping effect at the time final local development orders are requested. shall be in accordance with the LDC in 3. 3 HOTEL AND MOTEL DEVELOPMENT STANDARDS Minimum Lot Area: One ( 1) acre for principal uses; none for accessory structures. Minimum Lot Width: One hundred fifty feet ( 150') for principal accessory structures. structures; none for Minimum Yard Requirements: 1. From mmokalee Road: Fifty feet (50') for principal uses and twenty feet 20') for accessory structures. 2. Front Yard: Fifty- five percent ( 55%) of building height or twenty whichever is greater for principal and accessory structures. feet (20'), 3. All other yards: Twenty feet (20') for principal and accessory structures. Maximum Height: Sixty feet (60') or six stories, whichever is greater, for principal uses and thirty- five feet (35') for accessory uses. Distance between principal building heights, whichever is greater. structures: Fifteen feet ( 15') or one-half (Y:l) the sum of the Distance between principal and accessory structures: none required. Setback from Preserves: Twenty-five feet (25') feet for principal structures; ten feet ( 10') feet for accessory structures and all other site alterations. There shall be no site alternations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. Minimum standards for lighting and landscaping effect at the time final local development orders are requested. shall be in accordance with the LDC in Revised per BCC action 3-4

13 3.4 BUFFERS The following identifies the buffer according to land use type: nternal Buffers on: A. nterchange Commercial: feet adjacent to hotel parcel; feet adjacent to internal rights- of- way; feet adjacent to eastern boundary with Donovan PUD; B. Hotel: feet adjacent to commercial parcels; 10 feet adjacent to internal rights- of- way; 10 feet adjacent to eastern boundary with Donovan PUD. The buffer on the southern project boundary shall be kept in native vegetation existing on the site or shall be planted with native vegetation in those areas devoid of native vegetation PROJECT NTENSTY The total acreage of the Gaspar Station CPUD is approximately nterchange Commercial retail and service uses shall be permitted acres. The at a rate of 7, 500 square feet per gross acre. The office uses shall be permitted at a rate of 15,000 square feet per gross acre and the hotel/motel use is permitted at a rate of 26 units per gross acre. Revised per BCC action 3-5

14 SECTON V PRESERVE/ NATVE VEGETATON DSTRCT 4. 1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Gaspar Station CPUD designated on the CPUD Master Plan as Preserve/ Native Vegetation". 4.2 GENERAL DESCRPTON Areas designated as Preserve/ Native Vegetation District on the Gaspar Station CPUD Master Plan are designed to accommodate customary uses in preserve areas. 4.3 PERMTTED USES AND STRUCTURES 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. Principal Uses and Structures: 1. Conservation and preserve. 2. Passive recreational areas, pervious nature trails, and other similar uses. 3. Water management structures. 4. Mitigation areas and mitigation maintenance activities. 5. Any other preservation and related open space activity or use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. Revised per BCC action 4-1

15 SECTON V DEVELOPMENT COMMTMENTS 5. 1 PURPOSE The purpose of this Section is to set forth the development commitments of the project TRANSPORTATON A. The developer has provided left and right Boulevard. turn lanes on mmokalee Road at Juliet B. The developer has made a fair share contribution toward the capital cost of a traffic signal at the project entrance. shall conform to the Manual on Uniform C. All traffic control devices on public roadways Traffic Control Devices as required by Chapter 316, Florida Statutes. Street signs the sole responsibility of the developer, his successors, or assigns. D. The above required improvements LDC and shall not be applied as credits toward any impact fee. shall be shall be considered " site related" as defined in the E. The developer has previously conveyed a twenty- five foot (25') strip of land to the County by deed recorded in Official Records Book 1545 at Page 443 of the Official Records of Collier County, Florida, for the widening developer conveyed additional land for the expanded mmokalee right- of- way by deed recorded in Official Records Book 1837 at Page 1099 of Collier County, Florida. of mmokalee Road. n addition the F. The developer has provided a cross drain across mmokalee Road to the canal on the north to be incorporated and provide the County with access to it for use in connection with the six-aning of mmokalee Road. This work was completed and paid for by the developer under an agreement between the developer and the County dated May 4, G. The original PUD strongly recommended the extension of the then existing four-lane section of mmokalee Road west and through the proposed construction of a four lane median opening on mmokalee Road aligned with the eastern boundary of the project and Pelican Strand (f/k/a Regency Village) to the north of mmokalee Road. The median opening was constructed and paid for by the developer under the agreement with the County dated May 4, The four- aning has been completed to the west. The four lane extension is subject to a fair share road impact fee credit applicable to the added through lanes. H. The project entry from mmokalee Road is located along its eastern boundary and aligns with the present median cut and traffic signal on mmokalee Road at the entrance to The Strand PUD. The entry was designed so that it is interconnected to and is used by the developments that are located to the east of the project and west of The interconnection and use of the entryway by adjoining landowners is pursuant to an existing cross use or cross easement agreement. Revised per BCC action 5-1

16 . Roads will be private. The developer has created the Juliet Boulevard Roadway Association, nc., which is responsible for roads, streets and drainage improvements and maintenance of Juliet Boulevard. J. At the time of approval of the final plat or final site development plan, whichever comes first, the developer shall show an interconnection to the property on the west boundary of the Gaspar Station CPUD to allow the property located on the said west side access to Juliet Boulevard. The location of the interconnection is to be determined by the developer of Gaspar Station CPUD and approved by the County. The developer of the Gaspar Station CPUD shall record the interconnection as an easement prior to issuance of any county development approvals. The interconnection shall not be deemed to be a right- of- way, road, or street for the application of either zoning setback or buffering requirements. The interconnection shall not be deemed to require CPUD or its CPUD Master Plan. The easement shall provide two- way and one pedestrian access consistent with ADA requirements. At the time of approval of the final plat or final site development plan, whichever comes first, for the adjacent western property, if the owner does not provide an interconnection and record a cross access easement to the Developer of Gaspar Station, the easement on the Gaspar Station PUD shall automatically terminate. an amendment of the vehicular access K. The developer shall be able to proceed with SDP or plat approval and to begin site construction approval; however, the County shall not issue any certificate of occupancy or any temporary certificate of occupancy for any portion of this project until the 1-75/ 1mmokalee Road intersection improvement through lanes are substantially complete and open. The PUD time limits and sunsetting provisions contained in Section D of the LDC shall not commence until the 1-75/ lmmokalee Road intersection improvements through lanes are substantially complete and open. 5.3 OPEN SPACE REQUREMENTS The total project is acres requiring a minimum of 5.3 acres to be retained as open space. 5.4 NATVE VEGETATON RETENTON REQUREMENTS A minimum of 15% of the native vegetation present shall be preserved within the project. The total native vegetation existing on the site is approximately a minimum of 2. 4 acres of native vegetation shall be preserved within the existing and acres and proposed preserve areas as indicated on the CPUD Master Plan. Areas that fulfill the native vegetation retention standards shall be set aside as preserve areas and shall be protected by a permanent conservation easement. A management plan shall be submitted to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species and maintenance of permitted facilities CLEARNG AND FLL STORAGE Fill storage is generally permitted as a temporary principal use throughout the Gaspar Station CPUD until buildout of the project. Fill material may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator. The following standards shall apply: Revised per BCC action 5-2

17 1, Stockpile maximum height: forty five feet; 2. Fill storage areas in excess of five feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical the side slope of the stockpile is steeper than 4 to 1. barriers if 5. 6 LTTORAL SHELF PLANTNG Wet detention ponds shall have a littoral shelf with an area equal to 7% of the pond' s surface area measured at the control elevation and be planted with native aquatic vegetation. The configuration, i ė., shape showing the lake adjacent to the preserve 5. 7 AFFORDABLE HOUNG and size and the location, on the CPUD Master Plan shall be retained. The developer shall make a donation to the Collier County Affordable Housing Trust Fund in the amount of $0.50 per square foot of gross leasable floor area as depicted on approved site development plans. The payment shall be made as a condition to the issuance of certificates of occupancy and the amount shall be for the gross leasable shall be credited floor area for that particular certificate of occupancy. Such payments against any subsequently adopted fee for affordable or workforce housing by Collier County. Revised per BCC action 5-3

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19 STATE OF FLORDA) COUNTY OF COLLER), DWGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDNANCE Which was adopted by the Board of County Commissioners on the 27th day of November, 2007, during Regular Session. WTNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of December, DWGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners By: Ann Jennejohn, Deputy Clerk