Ordinance 2016-16 ORDINANCE NO. 16- 1 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS
BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM THE COMMERCIAL
INTERMEDIATE DISTRICT (C-3) ZONING DISTRICT TO THE
GENERAL COMMERCIAL DISTRICT (C-4) ZONING DISTRICT FOR
A PROJECT KNOWN AS THE DAVIS-RADIO REZONE LOCATED
ON THE SOUTH SIDE OF RADIO ROAD, 650 FEET WEST OF THE
INTERSECTION OF DAVIS BOULEVARD AND RADIO ROAD IN
SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 4.81± ACRES; AND BY
PROVIDING AN EFFECTIVE DATE. [RZ-PL20140002642]
WHEREAS, Frederick E. Hood, AICP of Davidson Engineering petitioned the Board of
County Commissioners to change the zoning classification of the herein described property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Zoning Classification.
The zoning classification of the real property more particularly described in Exhibit A,
located in Section 3, Township 50 South, Range 26 East, Collier County, Florida is changed
from the Commercial Intermediate District (C-3) zoning district to a the General Commercial
District (C-4) zoning district for a 4.81± acre project to be known as the Davis-Radio Rezone,
subject to the conditions shown in Exhibit B. Exhibits A and B are attached hereto and
incorporated herein by reference. The appropriate zoning atlas map or maps, as described in
Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby
amended accordingly.
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Amendment in Ordinance No. 2016- 13 becomes
effective.
[15-CPS-01438/1255838/1]85
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PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this € `day of rn aui , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLI COUNTY, FLORIDA
B _ � By: .31114D
Dcpuaf ONNA FIALA, Chairman
siguatUr?o y' ` ,T
Appr ved as to form and legality:
OA) vOL'ov\s)
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Legal Description
Exhibit B—Conditions of Approval
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Secretory Sto`e's Office
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DAV I DSON
ENG�NEF RING
LEGAL DESCRIPTION
For 4.81 acres+/- located at the Intersection of State
Road 84(Davis Boulevard) and County Road 856 (Radio Road)
All that part of Section 3,Township 50 South,Range 26 East Collier County,Florida,being more particularly
described as follows:
COMMENCING at the northwest corner of said Section 3;
Thence along the north line of said Section 3, North 89°53'12" East 821.76 feet;
Thence leaving said line South 00°06'48" East 50.00 feet to a point on the south right-of-way line of Radio
Road (C.R.856, 100' Right-of-Way);
Thence South 00°30'11" West 42.62 feet to a point on the westerly line of Right-of-Way as recorded in
Official Record Book 2559, pages 1817 through 1819, Public Records of Collier County, Florida and the
POINT OF BEGINNING of the parcel herein described;
Thence along said line southeasterly, 212.04 feet along a non-tangential circular curve concave to the
southwest,having a radius of 914.64 feet,through a central angle of 13°16'58"and being subtended by a
chord which bears South 72°12'27" East 211.56 feet;
Thence leaving said line South 00°30'04" West 487.98 feet;
Thence South 43°04'59" East 197.46 feet to a point on the northerly right-of-way line of Davis Boulevard
(S.R. 84, 150' Right-of-Way);
Thence along said line southwesterly, 533.16 feet along a circular curve concave to the southeast, having
a radius of 2939.79 feet,through a central angle of 10°23'28"and being subtended by a chord which bears
South 39°55'38"West 532.43 feet;
Thence leaving said line North 00°30'04" East 1105.16 feet to a point on the westerly line of Right-of-Way
as recorded in Official Record Book 2559, pages 1817 through 1819, Public Records of Collier County,
Florida and the POINT OF BEGINNING of the parcel herein described;
Containing 4.81 acres of land more or less.
Bearings are assumed and based on the North line of Section 3, being North 89°53'12" East.
Subject to easements and restrictions of record.
Exhibit A
Davis-Radio Rezone: Attachment"A"
Legal Description
April 2015 www.davidsonengineering.com
CONDITIONS OF APPROVAL
This rezone is subject to the following Conditions of Approval:
1. Motor freight transportation and warehousing (4225, limited to air conditioned, enclosed mini self-
storage warehousing) will be the only allowable C-4 use. The building shall resemble an office use,
meeting the architectural standards of the LDC with storage doors internal to the building.
2. This rezone is limited to the following permitted uses:
- Motor freight transportation and warehousing (4225, limited to air-conditioned, enclosed mini
self-storage warehousing only),
- Commercial Intermediate District C-3 permitted uses,
- Commercial Intermediate District (C-3) conditional uses are allowed subject to conditional use
approval pursuant to Section 10.08.00 of the Collier County Land Development Code.
3. At time of SDP, Owner shall pay to County 50% of the cost of the Entry Road Improvements
constructed by County in accordance with the Access Easement Agreement dated March 27, 2007
and recorded in OR Book 4219 Page 3674, as re-recorded in OR Book 4284 and 0238, of the Public
Records of Collier County. Also, at time of SDP, the County Collier Area Transit staff shall review and
pre-approve all construction plans for the Connection Drive, described in the Access Easement
Agreement,that are to be constructed on County property.
4. The maximum commercial intensity of the air-conditioned and mini self-storage warehousing use
shall be limited to 105,000 square feet of gross floor area.
5. All uses, including air-conditioned, enclosed mini self-storage warehousing shall comply with C-3
development standards.
6. Issuance of a development permit by a county does not in any way create any rights on the part of
the applicant to obtain a permit from a state or federal agency and does not create any liability on
the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law. (Section 125.022, FS)
7. All other applicable state or federal permits must be obtained before commencement of the
development.
EXHIBIT "B"
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
May 27, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa L. Cannon, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 16-16, which was filed in this office on May 27, 2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us