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Ordinance 2023-35 ORDINANCE NO. 2023- 3 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REZONING PROPERTY FROM COMMERCIAL INTERMEDIATE DISTRICT (C-3) TO HEAVY COMMERCIAL DISTRICT (C-5), SUBJECT TO CONDITIONS, FOR A SELF-STORAGE FACILITY AND GENERAL COMMERCIAL DISTRICT (C-4) USES ON THE NORTH SIDE OF TAMIAMI TRAIL EAST (US 41) JUST EAST OF COLLIER BOULEVARD (CR 951), BY 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 CONSISTING OF APPROXIMATELY 5.98± ACRES, LOCATED ON LOTS 2 AND 3 OF INLAND VILLAGE, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NO. 2005-35 AND RESOLUTION NO. 2014-140; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210002658] WHEREAS, Robert J. Mulhere, FAICP, of Hole Montes, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; and WHEREAS, Ordinance No. 2005-35 rezoned this property from "A" Rural Agriculture and "C-2ST" Commercial Convenience with a Special Treatment Overlay to "C-3" Commercial Intermediate, and Resolution No. 2014-140 allowed certain conditional uses on this property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to Zoning Classification. The zoning classification of the herein described real property more particularly described in Exhibit C, located on Lots 2 and 3 of Inland Village, in Section 3, Township 51 [22-CPS-02215/1773296/1]28 PL20210002658 Stor-All Storage(RZ) Page 1 of 2 5/11/2023 South, Range 26 East, Collier County, Florida, is changed from Commercial Intermediate District (C-3) to Heavy Commercial District (C-5), subject to conditions of approval listed on Exhibit A. Exhibits A, B, C, and D are attached hereto and incorporated herein by reference. 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: Repeal of Existing Ordinances and Resolutions. Ordinance No. 2005-35 and Resolution No. 2014-140 are hereby repealed in their entirety. SECTION THREE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County TN Commissioners of Collier County, Florida, this Z7—day of a V N(E , 2023. ATTEST: 'jr, BOARD OF COUNTY COMMISSIONERS CRYSTAL K. Klis .ill.,CLERK COLLIER COUNTY, FLORIDA i , • By: �1e��at,�A . .I��� By: 'Attest alto Ghairrran ,; Dep ler ` Rick LoCastro, Chairman 3 signature Approved as to form and legality: Derek D. Perry Assistant County Attorney ' Attachments: Exhibit A: Conditions of Approval Exhibit B: Conceptual Site Plan Exhibit C: Sketch and Legal Description This ordinance filed with the Exhibit D: Location Map Seaetory of St�te's Offi the 0-0 day of jut and acknonue¢{ge*ent of that fiti r eived this day [22-CPS-02215/1773296/1] 28 Of PL20210002658 Stor-All Storage(RZ) Page 2 of 2 By Clerk 5/11/2023 Q�r f) Exhibit A Conditions of Approval Exhibit A—Conditions of Approval Stor-All Rezone PL20210002658 1. The following uses are hereby authorized: a. Unless otherwise provided, all permitted uses in the C-4 General Commercial Zoning District; and b. Motor freight transportation and warehousing,(Group 4225,indoor air-conditioned and mini-and self-storage warehousing only), to be permitted only on Lot 2 as shown in Exhibit B - Conceptual Site Plan. 2. The following standards apply only to the air-conditioned, indoor, mini, self-storage use: a. The minimum setback from the northern property line shall be 180 feet. b. Hours of operation shall be from 8:00 am to 9:00 pm. c. Exterior lighting on the rear/north side of the building shall be limited to full cut- off low level security lights,mounted to the building,not to exceed 10 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 prohibited on the rear/north side of the building. i. The building height shall not exceed a zoned building height of thirty-five(35)feet, and an actual height of thirty-eight (38) feet. 3. The following uses are prohibited: a. Amusement and recreation services, outdoor (7999 - fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). b. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of"tow-in parking lots"). c. Automotive vehicle and equipment dealers (5511 and 5599, new vehicles only). d. Convenience Stores with Gas Pumps only (SIC 5411). e. Gasoline Service Stations (SIC 5411). f. Homeless Shelters. g. Hospitals (SIC 8062-8069). h. Marinas (SIC 4493). i. Outdoor storage of materials. j. Pawn Shops. k. Public or private parks and playgrounds. 1. Repair services - miscellaneous (7699 - except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, [22-CPS-02215/1800939/1] Page 1 of 3 CAO septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). m. Sexually Oriented Business. n. Soup Kitchens. 4. No more than one (1) approved Fast Food drive-through establishment shall be allowed. The ordering window shall not be located within 100 feet of the Falling Waters Beach Resort property line, and drive through lane(s) and/or ordering or payment windows shall not be located between the building and US 41 frontage. 5. No building or structure shall exceed a zoned building height of thirty-five (35) feet, and an actual height of forty-two (42) feet, except as otherwise identified herein. 6. Dumpsters and dumpster enclosures shall not be placed within 100 feet of the perimeter boundary with Falling Waters Beach Resort property line. 7. The exterior wall of any building shall be designed to minimize noise impacts on adjacent residential property to the north (Falling Waters Beach Resort), except as provided in Paragraph 4, above. 8. Amplified sound for approved land uses are limited to areas fronting Tamiami Trail East (US 41) between the hours of 8 a.m. and 10 p.m. Amplified sound shall not be permitted in the structure side plane areas or break past the side plane of the building, except for speaker(s) associated with limited drive-through uses. 9. Light fixtures shall be limited to a maximum height of 15 feet, except those fixtures adjacent to US 41, which shall be limited to a maximum of 20 feet. 10. Parking Lot lighting shall be dark sky compliant (flat panel, full cut off fixtures backlight, uplight and glare (BUG) rating where U = 0) to avoid light spill onto adjacent properties. Light levels along the property boundary shall be limited to no more than .2 ft candles along the joint property line where adjacent to residential property. 11. The following perimeter landscape buffer requirements apply to the owner(s) of Lot 2 and Lot 3: a. The owner shall install landscaping required by the LDC on both sides of the wall along the northern property line of Lots 2 and 3 of Inland Village (Plat Book 73, Pages 9-10), as more specifically described in Exhibit B — Conceptual Site Plan, prior to the issuance of the first Certificate of Occupancy for any structures located on Lots 2 and 3 of the 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 2 and 3 of the Inland Village plat, as more specifically described in Exhibit B —Conceptual Site Plan. c. The perimeter buffer width along US 41 frontage shall be retained as approved by PL20180002642 (SDP), at 20 feet and 10 feet in width,as depicted on the approved SDP landscape plans, and shall be enhanced with trees spaced no more than 25 feet on center. [22-CPS-02215/1800939/1] Page 2 of 3 C' 10 12. The maximum total daily trip generation for the rezone shall not exceed 106 two-way PM peak hour net 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. 13. Vehicular and Pedestrian interconnection will be provided to the west to allow access to all connection points with the subject property, consistent with the conceptual site plan and subject to an agreement from both property owners. 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. 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U o a CC )12I d 1 % o s K o w 1 a oww o• wm m O N I N OZ C-`0 J �zzs rzoa�z uq '6Mp vold�s®9®a,ZOL� ar.) 0 Exhibit C Sketch and Legal Description H:\2021\2021115\SKETCHES\2021115 SKETCH&LEGAL 2.dwg 10/21/2022 3:37:23 PM Plotted by:JasephHorm N 35'34'22" E POINT OF BEGINNING 00726725009 00724640005 TRG LLC ABC LIQUORS INC 1 0.0 0' NW MOST CORNER OF "117FEE" (OR. 4901, PG 28) NW MOST CORNER "5 4" N 35'34'22" E 390.00' (O.R. 4380PG.C. 35111)1) z f POINT OF COMMENCEMENT A SW MOST CORNER OF "PARCEL 4" vi m xi D NW BOUNDARY OF "PARCEL 4" (O.R. 4380, PG. 3511) rn r LA (O.R. 4380, PG 3511) o SW MOST CORNER OF "117FEE" ° - (0.R. 4901, PG 28) com >J xi m r zmm 4-) O m (00725960001) Z PARCEL 4 n (STOR-ALL TAMIAMI TRAIL LLC) V J Ni 01 D CA LINE BEARING DISTANCE —I CO L1 N 35.39'35" E 10.00' P1 L� 7j Cr1 O v Z m r O O > �_ ?:. 0 C=In oq •fin} ' OO A O C0.w'yO K L, 15 Ti Of 2 K O iZl O--� Cyr �a C) i �-1. ciR+" W.-v N n p a U� -^ N m N 70 E CID I V / m r" � O O4 " 0 O 0 m N .�C7 m m N Of O /� A CO PO K mN 2 T m O 0 Cn Ca G < �� z cp 0 D o N Wf L1 - 0 ao D ,' CO v w r" Z (00726040001) —I cri PARCEL 3 D NJ Ln (STOR-ALL TAMIAMI TRAIL LLC) n W Nico 03 00 N ovlie SE BOUNDARY OF "PARCEL 3" SE MOST CORNER OF "PARCEL 3" (O.R. 4380, PG 3511) NE MOST CORNER OF "PARCEL 3" (O.R. 4380 PG. 3511) I (O.R. 438E PG. 3511) \ 0 40 80 S 35"34'22" W 400.00' \ li 1" = (IN FEET) 1 00726727007 STOR-ALL TAM WI TRAIL LLC * NOT A SURVEY* DRAWN BY: DATE: 950 Encore Way DRAWING NO. JNH 10SHEET 22 - - Naples, FL. 34110 SKETCH AND LEGAL DESCRIPTION H2127 SHEET OF SHEET x Phone: (239) 254-2000 PROJECT NO. 1 Florida Certificate of SEC-TWN-RGE: H L O T Authorization No.1772 STOR—ALL — COLLIER FILE NAME 1-51-26 .. 2021115 SKETCH&IfCKL 2.dwg Exhibit C Ova H:\2021\2021115\SKETCHES\2021115 SKETCH&LEGAL 2.dwg 10/21/2022 3:35:55 PM Plotted by JosephHorm LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHWESTERLY CORNER OF THOSE CERTAIN LANDS DESCRIBED AS "PARCEL 4" AND RECORDED IN OFFICIAL RECORDS BOOK 4380, PAGE 3511, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE MOST SOUTHWESTERLY CORNER OF THOSE CERTAIN LANDS DESCRIBED AS "PARCEL 117FEE" AND RECORDED IN OFFICIAL RECORDS BOOK 4901, PAGE 28, OF SAID PUBLIC RECORDS; THENCE RUN N35'34'22"E, ALONG THE NORTHWESTERLY LINE OF SAID LANDS FOR A DISTANCE OF 10.00 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID "PARCEL 117FEE" AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N35°34'22"E FOR A DISTANCE OF 390.00 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID "PARCEL 4"; THENCE RUN S54°25'38"E, ALONG THE NORTHEASTERLY BOUNDARY OF "PARCEL 4" AND "PARCEL 3" ALL OF SAID OFFICIAL RECORDS BOOK 4380, PAGE 3511, FOR A DISTANCE OF 660.00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID "PARCEL 3"; THENCE RUN S35°34'22"W ALONG THE SOUTHEASTERLY BOUNDARY OF SAID "PARCEL 3", FOR A DISTANCE OF 400.00 FEET TO THE SOUTHEASTERLY MOST CORNER OF SAID "PARCEL 3"; THENCE RUN N54°25'38"W, ALONG THE SOUTHWESTERLY BOUNDARY OF SAID "PARCEL 3", FOR A DISTANCE OF 288.21 FEET TO THE SOUTHEASTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS "PARCEL 118FEE" AND RECORDED IN SAID OFFICIAL RECORDS BOOK 4901, PAGE 28, OF SAID PUBLIC RECORDS; THENCE RUN N35'39'35"E, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID "PARCEL 118FEE", FOR A DISTANCE OF 10.00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID "PARCEL 118FEE"; THENCE RUN N54°25'38"W, ALONG THE NORTHEASTERLY BOUNDARIES OF SAID "PARCEL 118FEE" AND "PARCEL 117FEE" FOR A DISTANCE OF 371.79 FEET, TO THE POINT OF BEGINNING. CONTAINING 5.98 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO NORTHEASTERLY LINE OF PARCEL "117FEE" OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEING, AS BEING N54°25'38"W. °``' .M'iv M0/i) HOLE MONTES, INC. ��.••:\`et\S 102,; . CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 — 5628 — STATE OF I Q Digitally signed by Tom Murphy 20 •••• FLORIDA •�r - ,,j_ �,, •% DN:cn=Tom Murphy,o=Hole Montes lnn.,ou, ems/• ••,• `� v'.4.— /'1 14-7 is email=tommurphy@hmeng.com,c=US O, ... ... BY Date:2022.10.3109:51:37-04'00' LS5628 i'°", °/Surveyor THOMAS M. MURPHY STATE OF FLORIDA rr,,,t11111 „ ` * NOT A SURVEY* DRAWN BY: DATE: 950 Encore Way DRAWING NO. JNH 10/20/2022 Naples, FL. 34110 SKETCH AND LEGAL DESCRIPTION H2127 ECT SHEET # OF SHEET Phone: (239) 254-2000 PROJ2021115 2 2 Floridaorization Certificate of SEC-TWN-RGE: H L O T z Auth No.1772 STOR—ALL — COLLIER FILE NAME 3-5151-26-26E 2021115 SKETCH&LEGAL 2.1. Also Described As: Lots 2 and 3, Inland Village, according to the plat thereof, recorded in Plat Book 73, Pages 9 and 10, of the Public Records of Collier County, Florida. , x 1, ;.. • r " . f 4 tt • Ct ; 1 • • 1 ',." : . , , ", R 4 . / , y1 / p , y. i' t . ./ its % / S'. / ` g ,, r, Exhibit D Location Map / '6� / W k1 .'S��s e�a Z yes �P 0 /,^�coGr�P��. to op y ain: o-� 3',' 6 b3 ice / m �� / © H U Q 3c, 0_ 0 i` Zw ' CD O (' °ram 1 �� a �d� / 2 s @- �� / ® ,0 1 _ �c , F ® // / 4" ,' < C I , N. > o��� ��°, El ® / co o / a N 0o� CD CD 7)00 ® _ ® Q e N o - N I— J CO Z w - ......„.„z ,a x E a = y) o z vo w�4 '° L +� 4eja 4 cc" CO Q O e * ..o. O Lelytsvr. a4' . 0.4 tea/,4 ,4 4 SA V' • ad cd SS of hilt `1 fit1,i as ;.41.,40i,S. FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State July 5, 2023 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, FL 34112 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. 2023-35, which was filed in this office on July 3, 2023. If you have any questions or need further assistance, please contact me at(850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Administrative Code and Register Director ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270