Ordinance 2019-05 ORDINANCE NO. 19 -05
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 97-3,
WHICH REZONED THE SUBJECT PROPERTY TO A HEAVY
COMMERCIAL (C-5) ZONING DISTRICT WITH CONDITIONS,IN ORDER
TO ADD AIR-CONDITIONED, INDOOR, MINI, SELF-STORAGE AS A
PERMITTED USE, AND TO INCREASE THE MAXIMUM BUILDING
HEIGHT FOR THAT USE ONLY, FROM THE PRESENTLY ALLOWED
MAXIMUM HEIGHT OF 28 FEET TO A ZONED HEIGHT OF 35 FEET AND
AN ACTUAL HEIGHT OF 38 FEET. THE SUBJECT PROPERTY IS
LOCATED ON THE NORTH SIDE OF U.S. 41 EAST, APPROXIMATELY
1,000 FEET EAST OF COLLIER BOULEVARD, IN SECTION 3, TOWNSHIP
51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 2.17± ACRES; AND BY PROVIDING AN EFFECTIVE
DATE. [PL20180000125]
WHEREAS, on January 14, 1997, The Board of County Commissioners approved
Ordinance No. 97-3, which rezoned the described real property to a Heavy Commercial (C-5)
zoning classification with conditions; and
WHEREAS, ROOK AT NAPLES II, LLC, represented by Felix Pardo of Felix Pardo &
Associates, Inc., has petitioned the Board of County Commissioners to amend Ordinance No. 97-
3, in order to add an additional permitted use of air-conditioned, indoor, mini, self-storage, to
increase the maximum height for that use from 28 feet to a zoned height of 35 feet and an actual
height of 38 feet, and add additional conditions relating to the self-storage use.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO ORDINANCE NO. 97-3.
The conditions enumerated as 1 through 10 in Section One of Ordinance No. 97-3, are
hereby amended as shown in Exhibit"A,"attached hereto and incorporated herein by reference.
[18-CPS-01763/1470140/11188
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SECTION TWO: EFFECTIVE DATE
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 9 day of ,r 1 ; .=t , 2019.
ATTEST':;.. ••..., t_„ BOARD OF COUNTY COMMISSIONERS
CRYSTAL KINZELsCLERK COLLIER CO)A11116 LORIDA
61
By: �.. � By:
A t0 ChAirmg ' De u ' lerk
Attest as , p Y Wil.m L. McDaniel,Jr.
6a113tUre 01114 Chairman
Approyed as to form and legality:
Le,,‘,c14 A Lb
C .Scott A. Stone
"' Assistant County Attorney
Attachment: Exhibit A - Conditions of approval
Exhibit B - Area of rezone
Exhibit C - Area of wall commitments
This ordinance filed with the
Secretory of State's Office ty,c
15*►day of -4'i 1 2a11_
and acknowledgement+ of that._.1
filin• received is day
of
14 /
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Dip k
[18-CPS-01763/1470140/11188
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Exhibit A—Conditions of Approval
1. The following uses are hereby authorized:
a. Unless otherwise provided, all permitted uses in the C-4 general commercial district.
b. Building Materials, Hardware, Garden Center(Groups 5211-5261):, except not permitted
on the property described in Exhibit B.
c. Building Construction — General Construction and Operative Builders (Groups 1521-
1542)7, except not permitted on the property described in Exhibit B.
d. Construction —Special Trade Contractors (Groups 1711, 1793, 1796, 1799).-, except not
permitted on the property described in Exhibit B.
e. Air-conditioned, indoor, mini, self-storage only, on the property described in Exhibit B
only.
2. A precast masonry decorative fence six(6) feet high shall be constructed along the property line
contiguous to the Woodfield Lakes PUD.
3. No building or buildings materials storage may occur within sixty (60) feet of the contiguous lot
line within Woodfield Lakes PUD.
4. No building or structure shall exceed a height of twenty-eight (28) feet, except the maximum
zoned height shall be thirty-five(35)feet and the maximum actual height shall be thirty-eight(38)
feet for the air-conditioned, indoor, mini, self-storage use.
5. The wall of any building or structure adjacent to Woodfield Lakes shall be insulated to inhibit noise
emissions to said property.
6. Arterial level street lighting shall be installed at the project entrance on U.S. 41 as part of the
development of the first phase.
7. The site plan shall be consistent with the requirements of Ordinance 93-64 with respect to turn
lanes, minimum throat distances and internal traffic circulation.
8. Substantial competent evidence of the project's ability to accept,detain and treat historic surface
runoff from the roadway shall be presented at the time of an application for a Site Development
Plan.
9. Any approval for this project shall not vest any right to a median opening, now or in the future,
along any project roadway frontage. Access may be constrained to a right-in/ right-out only.
10. Subsequent approval of the Site Development Plan shall provide for cross or shared access with
properties to the west of this property so that shared access is achieved, leading to Tamiami Trail.
11. The following standards apply only to the air-conditioned, indoor, mini, self-storage use on the
property described in Exhibit B:
a. The minimum setback from the northern property line shall be 135 feet.
[18-CPS-01763/1470432/1]192 Words underlined are added;Words struck through are deleted.
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b. Hours of operation shall be from 8:00 am to 9:00 pm.
c. Exterior lighting on the rear/north side of building shall be limited to full cut-off low level
security lighting,shall be mounted to the building,and shall not exceed ten feet in height.
d. All self-storage units shall be accessed from the interior of the building.
e. The maximum self-storage unit size shall be 200 square feet.
f. There shall be no parking on the rear/north side of the building.
g. There shall be no functional windows on the rear/north side of the building.
h. Loading areas and building access shall be oriented on the west side of the building, and
centrally located.
12. The following standard applies only to the portion of the property zoned C-3, abutting the west
boundary of the property described in Exhibit B,where air-conditioned, indoor, mini,self-storage
only loading area, parking and other permitted accessory uses will be located:
a. Light fixtures shall be limited to a maximum height of 15 feet.
13. The following requirements apply to the owner of the property described in Exhibit B:
a. The owner shall install landscaping required by the LDC on both sides of the wall along
the northern property line of Lots 1, 2 and 3 of the proposed Inland Village plat, as more
specifically described in Exhibit C, prior to issuance of the first Certificate of Occupancy
for any structures located on Lots 1, 2 and 3 of the proposed Inland Village plat.
b. The owner shall paint and maintain good condition of both sides of the wall along the
northern property line of Lots 1, 2 and 3 of the proposed Inland Village plat, as more
specifically described in Exhibit C.
14. All other applicable state or federal permits must be obtained before commencement of the
development.
15. Pursuant to Section 125.022(5) F.S., 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.
[18-CPS-01763/1470432/1]192 Words underlined are added; Words struck through are deleted.
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EXHIBIT "B"
Page 2 of 2
LEGAL DESCRIPTION
A PORTION OF NORTH 1/2 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, AND MORE PARTICULARY
DESCRIBED AS:
COMMENCE AT THE EAST QUARTER CORNER OF SECTION 3, RUN WITH
THE SECTION LINE SOUTH 00°41'31" WEST, A DISTANCE OF 612.57
FEET; THENCE NORTH 89°18'29" WEST, A DISTANCE OF 722.35 FEET TO
THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF A COUNTY
DRAINAGE CANAL WITH THE NORTH RIGHT-OF-WAY LINE OF STATE
ROAD #90 (TAMIAMI TRAIL); THENCE WITH SAID TRAIL RIGHT-OF-WAY
LINE, NORTH 54°20'16" WEST, A DISTANCE OF 2,411.51 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
THENCE CONTINUE NORTH 54°20'16" WEST, A DISTANCE OF 236.00
FEET; THENCE NORTH 35°39'44" EAST, A DISTANCE OF 400.00 FEET;
THENCE SOUTH 54°20'16" EAST, A DISTANCE OF 236.00 FEET; THENCE
SOUTH 35°39'44" WEST, A DISTANCE OF 400.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 94,400 SQUARE FEET OR 2.167 ACRES, MORE OR LESS.
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
April 15, 2019
Ms. Crystal K. Kinzel, Clerk
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara
Dear Ms. Kinzel:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-05,which was filed in this office on April 15, 2019.
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.il.us