Ordinance 2020-014ORDINANCE NO. 20- 14
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 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 A COMMERCIAL INTERMEDIATE
DISTRICT (C-3) ZONING DISTRICT TO A COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT FOR THE PROJECT TO BE KNOWN AS
VANDERBILT BEACH COMMERCIAL TOURIST
COMMERCIAL PLANNED UNIT DEVELOPMENT, TO
ALLOW UP TO 17 HOTEL AND MOTEL UNITS AND 79000
SQUARE FEET OF COMMERCIAL DEVELOPMENT ON
PROPERTY LOCATED ON THE NORTHEAST PORTION
OF THE INTERSECTION OF GULF SHORE DRIVE AND
SOUTH BAY DRIVE, APPROXIMATELY 400 FEET
NORTH OF VANDERBILT BEACH ROAD, IN SECTION
32, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
CONSISTING OF .62± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. [PL201800027931
WHEREAS, Dugan's Lighthouse Inn, LLC and Buzz's Lighthouse Properties, LLC,
represented by Robert J. Mulhere, FAICP of Hole Montes, Inc. and Richard D. Yovanovich, Esq.
of Coleman, Yovanovich & Koester, P.A., 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, that:
[I 9-CPS-01 894/1525032/1195
VBCT/PL20180002793
2/25/20 Page I of 2
SECTION ONE:
The zoning classification of the herein described real property located in Section 32,
Township 48 South, Range 25 East, Collier County, Florida, is changed from a Commercial
Intenriediate (0) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning
District for a .62+/- acre parcel to be known as Vanderbilt Beach Commercial Tourist
Commercial Planned Unit Development, in accordance with Exhibits A through F attached
hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as
described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 202-0 - 15 becomes
effective.
PASSED AND DULY ADOPTED by super -majority vote of the Board of County
Commissioners of Collier County, Florida, this day of JLA n e- � 2020.
ATTE�T-:9'kl.�Po'O'c
CRYSTAL,K. J,-,N CLERK
ZJ
By- 4
"Ift *Ju Clerl�
&A
Appr as to orin and legality:
H6idi Ashton-Cicko
Managing Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: —Z'Z4�1'44� �4:v�
Burt L. Saunders, Chairman
Attachments: Exhibit A: Permitted Uses
Exhibit B: Development Standards
Exhibit C-1: Master Plan
Exhibit D: Legal Description
Exhibit E: Requested Deviations from LDC
Exhibit F: Developer Commitments
[I 9-CPS-0 1894/1525032/1195
VBCT/PL20180002793
2/25/20 Page 2 of 2
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EXHIBIT A
VANDERBILT BEACH COMMERCIAL TOURIST CPUD
LIST OF PERMITTED USES
Regulations for development of this PUD shall be in accordance with the contents of this
document and all applicable sections of the Growth Management Plan (GMP), the Land
Development Code (LDC), and the Administrative Code in effect at the time of approval of the
first Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide
development standards, then the provision of the specific sections of the LDC that are otherwise
applicable shall apply.
INTENSITY:
The entire PUD is allowed up to 17 hotel and motel rooms and up to 7,000 square feet of
permitted and conditional uses.
PERMITTED USES:
1. Principal Uses
A. Hotels and motels (SIC 7011, 7021 and 7041; hotels and motels only), not to
exceed 17 units;
B. All uses permitted by right in the Commercial Intermediate District (C-3), not
to exceed 7,000 square feet; and,
C. Any other principal and related use that is determined to be comparable and
compatible to the foregoing by the Board of Zoning Appeals or Hearing
Examiner pursuant to the process outlined in the LDC.
2. Accessory Uses
Accessory uses and structures customarily associated with the permitted principal
uses and structures pennitted by right in this CPUD, including, but not limited to:
A. Docks, subject to LDC Section 5.03.06;
B. One caretaker's residence accessory to hotel, subject to LDC Section 5.03.05;
and,
C. Signage in accordance with LDC Section 5.06.00.
3. Conditional Uses Subject to LDC Section 10.08.00
A. Amusements and recreation services, outdoor (SIC 7999 — boat rental,
miniature golf course, bicycle and moped rental, rental of beach chairs and
accessories only);
B. Membership sports and recreational clubs indoor only (SIC 7997);
C. Permitted food service (SIC 5812, eating places) uses with more than 6,000
square feet of gross floor area in the principal structure; and
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D. Permitted uses with less than 700 square feet gross floor area in the principal
structure.
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EXHIBIT B
VANDERBILT BEACH COMMERCIAL TOURIST CPUD
DEVELOPMENTSTANDARDS
DEVELOPMENTSTANDARDS
The table below contains the development standards applicable to development within the
Vanderbilt Beach Commercial Tourist CPUD. Standards not specifically set forth herein shall be
those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or
subdivision plat.
1. Minimum required yards, maximum building height, and other standards shall be as
follows:
TABLE 1: DEVELOPMENT STANDARDS
PRINCIPAL STRUCTURES
ACCESSORY
STRUCTURES
MIN. LOT AREA
10,000 S.F.
N/A
MIN. LOT WIDTH
100FEET
N/A
MIN. FLOOR AREA'
500 s.f. for commercial structures
N/A
MINIMUM YARDS
FROM GULF SHORE DRIVE
20FEET
SPS
FROM SOUTHBAY DRIVE
20FEET
SPS
MIN. SIDE YARD (NORTH
AND EAST)
10FEET
5FEET
MIN. WATERFRONT
SETBACK
5 FEET
OFEET
MIN. DISTANCE BETWEEN
STRUCTURES
10FEET
10FEET
MAX. BUILDING HEIGHT
NOT TO EXCEED (ZONED)
50FEET
SPS
MAX. BUILDING HEIGHT
NOT TO EXCEED( CTUAL)
70FEET
SPS
Per principal structure, not applicable to individual hotel rooms.
11. Required perimeter landscape buffers shall be as follows:
I North: A ten (10) foot wide Type B buffer enhanced with understory trees
eight (8) feet in height at the time of planting, distributed between the
required canopy trees at a spacing not to exceed 25 feet on center;
2. East: A ten (10) foot wide Type A buffer (except along the waterfront where
no buffer is required);
3. West, adjacent to Gulf Shore Boulevard: A ten (10) foot wide Type D
buffer; and
4. South: A seven (7) foot wide Type D buffer.
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EXHIBIT D
VANDERBILT BEACH COMMERCIAL TOURIST CPUD
LEGAL DESCRIPTION
LOTS 3, 4, 5, 6, 7, 8, 9 & 10, BLOCK "A", VANDERBILT BEACH CENTER, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 16 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
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EXHIBIT E
VANDERBILT BEACH COMMERCIAL TOURIST CPUD
LIST OF DEVIATIONS FROM LDC
Deviation I requests relief from LDC Section 4.05.021, which requires that all off-street parking
facilities must be so arranged that no motor vehicle shall have to back onto any street, to allow the
existing parking spaces along (and partially within) Southbay Drive to continue to back onto the
right-of-way, In the event the site is redeveloped, the on -street parking along Southbay Drive shall
be eliminated.
Deviation 2 requests relief from LDC Section 4.06.02, Table 2.4, which requires a 15-foot-wide,
Type B perimeter landscape buffer be provided to adjacent multi -family residential development
to the north, to instead allow for a buffer width of 10 feet while still providing the required Type
B buffer plantings and, as an enhancement, also requiring understory trees 8 feet in height at time
of planting. Understory trees will be distributed between the required buffer canopy trees at a
spacing not to exceed 25 feet on center, in order to maximize screening between these uses.
Deviation 3 requests relief from LDC Section 4.06.02, Table 2.4, which requires 10-foot-wide,
Type D perimeter landscape buffer be provided to adjacent right-of-way to the south, to allow a 7-
foot-wide, Type D buffer. In the event the site is redeveloped, this deviation shall be eliminated
and the LDC required buffer shall be provided.
Deviation 4 requests relief from LDC Section 4.05.04, Table 17, which establishes the minimum
number of parking spaces required for commercial uses, to allow for parking to be calculated at I
space per 4 seats for restaurants and I space per guestroom for hotels.
Deviation 5 requests relief from LDC Section 6.06.02.A. 1, which requires sidewalks and bike
lanes to be constructed within public and private rights -of -way or easements adjacent to the site,
to allow the required sidewalk to be located along the north side of the parking spaces, interior to
the site, or as otherwise may be approved as part of a comprehensive pedestrian plan for Southbay
Drive.
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EXHIBIT F
VANDERBILT BEACH COMMERCIAL TOURIST CPUD
DEVELOPMENT COMMITMENTS
A. PUD Monitorin2
One entity (hereinafter the Managing Entity) shall be responsible for PUD
monitoring until close-out of the PUD, and this entity shall also be responsible for
satisfying all PUD commitments until close-out of the CPUD. At the time of this
PUD approval, the Managing Entity is Dugan's Lighthouse Inn, LLC. Should the
Managing Entity desire to transfer the monitoring and commitments to a successor
entity, then it must provide a copy of a legally binding document, to be approved
for legal sufficiency by the County Attorney. After such approval, the Managing
Entity will be released of its obligations upon written approval of the transfer by
County staff, and the successor entity shall become the Managing Entity. As Owner
and Developer sell off tracts, the Managing Entity shall provide written notice to
County that includes an acknowledgement of the commitments required by the
CPUD by the new owner and the new owner's agreement to comply with the
Commitments through the Managing Entity, but the Managing Entity will not be
relieved of its responsibility under this Section. When the CPUD is closed out, then
the Managing Entity is no longer responsible for the monitoring and fulfillment of
PUD commitments.
B. Miscellaneous
1. 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.
2. All other applicable state or federal permits must be obtained before
commencement of the development.
C. Transportation
1. The maximum total daily trip generation for the PUD shall not exceed 57 two-way
PM peak hour net external trips based on the use codes in the ITE Manual on trip
generation rates in effect at the time of application for SDP/SDPA or subdivision
plat approval.
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AS.
Ot,
FLORIDA DEPART M . E N , T - ()f -9TAT-E
RON DESANTIS
Governor
June 12, 2020
Ms. Ann P. Jermejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Jennejohn:
LAUREL M. LEE
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 20-14, which was filed in this office on June 12, 2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building 9 500 South Bronough Street 9 Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270