Ordinance 2023-43 w
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ORDINANCE NO. 2023 -4 3 co a
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AN ORDINANCE OF THE BOARD OF COUNTY � 0z
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, oEK
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AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, a o "
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THE COLLIER COUNTY LAND DEVELOPMENT CODE co —
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AND ZONING ATLAS, WHICH ESTABLISHED THE 0 co D
COMPREHENSIVE LAND REGULATIONS FOR THE N >-
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UNINCORPORATED AREA OF COLLIER COUNTY, (c) o w z
FLORIDA, BY AMENDING THE APPROPRIATE ZONING a o °o
ATLAS MAP OR MAPS BY CHANGING THE ZONING • o O ce
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CLASSIFICATION OF THE HEREIN DESCRIBED REAL °PROPERTY FROM AN ESTATES (E) ZONING DISTRICT z °
TO A COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) ZONING DISTRICT TO BE KNOWN AS THE
DUNKIN DONUTS COLLIER BOULEVARD CPUD;
ALLOWING UP TO 10,000 SQUARE FEET OF CERTAIN
C-1, C-2, AND C-3 USES ON 1.98± ACRES OF PROPERTY
LOCATED ON THE WEST SIDE OF COLLIER BLVD 350±
FEET NORTH OF PINE RIDGE ROAD IN SECTION 15,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA; AND BY PROVIDING AN
EFFECTIVE DATE. [PL20220004546]
WHEREAS, Neffs Collier Realty LLC, represented by D. Wayne Arnold, AICP, of
Q. Grady Minor & Associates, 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:
SECTION ONE:
The zoning classification of the herein described real property is changed from an Estates
(E) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a
1.98+/- acre parcel to be known as the Dunkin Donuts Collier Boulevard CPUD, 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.
[22-CPS-02282/1782847/1]64
Dunkin Donuts Collier Blvd(PUDZ) Page 1 of 2
PL20220004546 6/5/2023 CAO
SECTION TWO:
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
Commissioners of Collier County, Florida, this 26th ilay •f September 2023...
ATTEST: ' r-?""' BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. . .L, CLERK COLLIER COUNTY, FLORIDA
By: By: /
Alle t a.,10 hairman's, Deputy Clerk Rick LoCastro, Chairman
ly
Sig -t' e on '
App v as to form and le ' y:
Derek D. Perry 1/19
Assistant County Attorney
Attachments: Exhibit A: List of Permitted Uses
Exhibit B: List of Development Standards
Exhibit C: Master Plan
Exhibit D: Legal Description
Exhibit E: List of Deviations
Exhibit F: List of Development Commitments
This ordinance flied with the
Secretary of to i;e//���O,,,ffice tt�e
`day of ;
and acknowledgement o4 thot
fi!in re��e� iwed t 3"Iday
eaputy ct
[22-CPS-02282/1782847/1]64
Dunkin Donuts Collier Blvd(PUDZ) Page 2 of 2
PL20220004546 6/5/2023 C'
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EXHIBIT A
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 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.
PERMITTED USES:
Principal Uses:
A. A maximum of 10,000 square feet of gross floor area shall be permitted within the CPUD.
No building or structure,or part thereof,shall be erected,altered or used,or land used, in
whole or in part, for other than the uses permitted by right in the C-1, C-2 and C-3 Zoning
Districts and including only the following list of uses for SIC 7699,any uses not listed below
for SIC 7699 are prohibited.
1. Repair services-miscellaneous (7699)
a. Antique and furniture repair
b. Bicycle repair
c. Optical repair
d. Camera repair
e. Dental instrument repair
f. Key duplicating
g. Laboratory instruments
h. Leather goods repair
i. Locksmith shops
j. Luggage repair
k. Medical equipment repair
I. Musical instrument repair
m. Nautical repair
n. Picture framing
o. Rug repair
p. Saddlery repair
q. Scientific instrument repair
r. Sewing machine repair
s. Sharpening and repair of knives,saws and tools
t. Surgical instrument repair
u. Taxidermists
v. Thermostat repair
w. Typewriter repair
x. Window and blind repair
B. The following uses are prohibited.
1. Animal specialty services(0752)
2. Educational plants and public schools
(Dunkin Donuts Collier Boulevard CPUD PL20220004546) June 1, 2023 Page 1 of 10
90
3. Gasoline service stations (5541)
4. Group care facilities
5. Membership organizations, miscellaneous (8699)
a. Farm granges
b. Humane societies
6. Parking Lots/Structures(7521)
7. Personal services, miscellaneous (7299)
a. Bartering services
b. Comfort station operation
c. Escort service
d. Turkish baths
8. Public administration (9661)
9. Retail services-miscellaneous (5999)
a. Fireworks
b. Monuments/tombstones
c. Sales barns
10. Valet parking
C. The following principal uses are prohibited per the Neighborhood Center Subdistrict:
1. Drinking Places(5813) and Liquor Stores(5921)
2. Mail Order Houses (5961)
3. Merchandizing Machine Operators(5962)
4. Power Laundries(7211)
5. Crematories (7261) (Does not include non-crematory Funeral Parlors)
6. Radio,TV Representatives (7313)and Direct Mail Advertising Services (7331)
7. NEC Recreational Shooting Ranges,Waterslides, etc. (7999)
8. General Hospitals(8062), Psychiatric Hospitals (8063),and Specialty Hospitals(8069)
9. Elementary and Secondary Schools (8211),Colleges(8221),Junior Colleges(8222)
10. Libraries (8231)
11. Correctional Institutions (9223)
12. Waste Management (9511)
13. Homeless Shelters and Soup Kitchens.
D. Any other principal use which is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing
Examiner by the process outlined in the LDC.
II. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Courtyards
2. Covered parking(e.g., carports)
3. Gazebos
4. Outdoor dining area,subject to parking requirements of LDC Section 4.05.04.
5. Walls and fences
6. Water management
(Dunkin Donuts Collier Boulevard CPUD PL20220004546) June 1, 2023 Page 2 of 10
EXHIBIT B
LIST OF DEVELOPMENT STANDARDS
The standards for land uses within the development shall be as stated in these development standard tables.
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.
TABLE I
COMMERCIAL DEVELOPMENT STANDARDS
PRINCIPAL USES ACCESSORY USES *
MINIMUM LOT AREA 1.98 AC. N/A
MINIMUM LOT WIDTH 150 FEET N/A
MINIMUM YARDS(External)
Front (Eastern PUD Boundary) 25 FEET 25 FEET
Side (Northern PUD Boundary) 10 FEET 10 FEET
Rear(Western PUD Boundary) 75 FEET 75 FEET
Side (Southern PUD Boundary) 25 FEET 25 FEET
MINIMUM YARDS(Internal)
Internal Drives/ROW ** 5 FEET 0 FEET
Preserve 25 FEET 25 FEET
MINIMUM DISTANCE BETWEEN STRUCTURES 10 FEET 10 FEET
MAXIMUM HEIGHT
Zoned 30 FEET 25 FEET
Actual 35 FEET 25 FEET
MINIMUM GROSS FLOOR AREA 1,000 SQUARE FEET N/A
MAXIMUM GROSS FLOOR AREA 10,000 SQUARE FEET N/A
* Fences,walls,signage and water management facilities are not subject to the accessory setbacks of the PUD.
** Excluding Public Right of Ways.
(Dunkin Donuts Collier Boulevard CPUD PL20220004546) June 1, 2023 Page 3 of 10
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SITE SUMMARY
TOTAL SITE AREA: 1.98±ACRES
COMMERCIAL (C) 1.35±AC (68%)
PRESERVE 0.28± AC (14%)
LANDSCAPE BUFFERS 0.25± AC (13%)
ROW(NEFFS WAY) 0.10± AC (5%)
COMMERCIAL: MAXIMUM GROSS FLOOR AREA- 10,000 S.F.
OPEN SPACE:
REQUIRED: 30%
PROVIDED: 30%
GREENSPACE:
REQUIRED: 1,925 S.F. (27,500 S.F. OF VEHICLE USE AREA X 7% = 1,925 S.F.)
PROVIDED: 1,925 S.F.
PRESERVE:
REQUIRED: 0.28± ACRES (1.88 ACRES NATIVE VEGETATION X 15%)
PROVIDED: 0.28± ACRES
EASEMENT INDEX
El - 22.5' RELEASE OF ROW EASEMENT (OR 1082 PG 326)
E2- NEFF'S WAY (OR 1075, PG 700)
E3-6.0' UE & DE (OR 97, PG 492)
E4- 30'WIDE AGREEMENT FOR NON EXCLUSIVE USE OF ROAD (OR 1537, PG 603)
E5-APPROXIMATE LOCATION OF INGRESS/EGRESS ROW EASEMENT (OR 2363, PG 1471)
E6- APPROXIMATE LOCATION OF INGRESS/EGRESS ROW EASEMENT(OR 2801, PG 1601 AND OR 2363,
PG 1471)
E7- 5'TEMPORARY CONSTRUCTION EASEMENT (OR 4963, PG 2748 AND OR 5293, PG 3048)
E8- 15' SLOPE EASEMENT(OR 4963, PG 2748 AND OR 5293, PG 3048)
NOTES
1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY
PERMITTING REQUIREMENTS.
DUNKIN DONUTS COLLIER BOULEVARD CPUD SCALE:
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Civil Engineers • Land Surveyors • Planners • Landscape\rchllecls MASTER PLAN NOTES nLe sole:
Ce,9.ol,\016 CI)0000101 ferl 01\u1R LB 0005151 Bnsln•es LC 26000266 REVISED MARCH 27, 2023 682 a-rW,ER -03
Bonita Spring.239)47.11J1 u on.Granyllinor.rnnr Fort llyerw:239.690.-134411 SHEET 2 OF 2 i
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EXHIBIT D
LEGAL DESCRIPTION
THE SOUTH 150 FEET OF TRACT 109, GOLDEN GATE ESTATES, UNIT NO. 26, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;
LESS THE FOLLOWING PARCEL: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 109; THENCE S
89° 31' 41" W, ALONG SAID SOUTH LINE OF SAID TRACT 109 FOR 74.47 FEET TO A POINT ON A CURVE;
THENCE NORTHERLY 60.22 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT, HAVING A
RADIUS OF 383 FEET, THROUGH A CENTRAL ANGLE OF 9° 00' 30", AND BEING SUBTENDED BY A CHORD
WHICH BEARS N 06° 27' 45" W FOR 60.15 FEET; THENCE N 10° 57' 59" W 44.63 FEET; THENCE N 12°44'
33" W 47.39 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 150 FEET OF SAID TRACT 109;THENCE
N 89° 31' 31" E ALONG SAID NORTH LINE FOR 98.91 FEET; THENCE S 00° 29' 08" E FOR 150.02 FEET TO
THE POINT OF BEGINNING,AS TAKEN BY COLLIER COUNTY PURSUANT TO STIPULATED ORDER OF TAKING
RECORDED IN OFFICIAL RECORDS BOOK 4963, PAGE 2748, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
CONTAINING 1.98±ACRES, MORE OR LESS
(Dunkin Donuts Collier Boulevard CPUD PL20220004546) June 1, 2023 Page 6 of 10
EXHIBIT E
LIST OF DEVIATIONS
No Deviations requested.
(Dunkin Donuts Collier Boulevard CPUD PL20220004546) June I, 2023 Page 7 of 10
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EXHIBIT F
LIST OF DEVELOPMENT COMMITMENTS
PURPOSE:
The purposed of this Section is to set forth the development commitments for the development of this
project.
GENERAL:
A. 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 PUD. At the time of this PUD approval, the Managing Entity is Neffs Collier Realty, LLC,
6685 Collier Boulevard, Naples, FL 34114. 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 that
needs 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 PUD by the new owner and the new owner's agreement to comply with the Commitments through
the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section.
When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and
fulfillment of PUD commitments.
B. 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)
C. All other applicable state or federal permits must be obtained before commencement of the
development.
TRANSPORTATION:
A. The maximum total daily trip generation for the PUD shall not exceed 81 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.
B. Vehicular and Pedestrian interconnection will be provided to the north and south for potential-
future use. The final location of the access points will be coordinated with the adjacent property owners,
and a cross-access easement or an access easement to the public for public use without responsibility of
maintenance by Collier County will be provided by owner at no cost to the County at time of the first Site
Development Plan or Plat.All future interconnections shall remain open to the public.
C. To the extent permitted by law,a sign prohibiting right turns shall be placed at the development's
exit onto Neff's Way.
(Dunkin Donuts Collier Boulevard CPUD PL20220004546) June 1, 2023 Page 8 of 10
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ENVIRONMENTAL:
A. The CPUD Shall be required to preserve 15%of native vegetation. 1.88±acres of native vegetation
exist on-site requiring a minimum preservation of 0.28± acres (1.88 X .15 = 0.28). A minimum of 0.28±
acres of native vegetation shall be retained on-site.
PLANNING:
A. Buildings and signage shall have a common architectural theming elements with the other
buildings and signage within the Northwest quadrant of the Pine Ridge Road/Collier Boulevard
Neighborhood Center, of the Urban Golden Gate Estates Sub-Element of the Golden Gate Area Master
Plan.
B. All buildings shall have tile roofs,'Old Style Florida'metal roofs,or decorative parapet walls above
the roofline. The buildings shall be finished in light,subdued colors, except for decorative trim.
C. The developer will provide a minimum of 1,925 square feet of Greenspace (27,500 sf of Vehicle
Use Area x 7% = 1,925 sf required). The Greenspace will fulfill the policy of the Neighborhood Center
Subdistrict of the Estates Mixed Use District of the Urban Golden Gate Estates Sub-Element of the Golden
Gate Area Master Plan and will be public open space within a pedestrian-accessible courtyard, as per
Section 4.06.03.B.of the Collier County LDC, as in effect at the time of PUD approval.
D. 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. Fixtures within 50-ft of
residential properties along the PUD boundary shall be set at no higher than a 15-ft mounting height.
Otherwise, the site light poles shall not exceed a 25-ft mounting height. Light levels along the PUD
boundary shall be limited to no more than 0.2-ft-candles along the joint property line where adjacent to
residential property.
E. Outdoor music and outdoor public address systems are prohibited, with the exception that the
speaker system necessary for taking drive-thru orders is allowed.
F. The developer may permit shared parking with adjoining properties, subject to approval of a
shared parking agreement and subject to LDC Section 4.05.02.K.
UTILITIES:
A. At the time of application for subdivision Plans and Plat(PPL)and/or Site Development Plan (SDP)
approval, as the case may be, offsite improvements and/or upgrades to the wastewater
collection/transmission system may be required to adequately handle the total estimated peak hour flow
from the project. Whether or not such improvements are necessary, and if so, the exact nature of such
improvements and/or upgrades shall be determined during PPL or SDP review by the County manager or
designee.Such improvement and/or upgrades as may be necessary shall be permitted and installed at the
developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for
any portion or phase of the development that triggers the need for such improvements and/or upgrades.
B. At the time of application for subdivision Plans and Plat(PPL)and/or Site Development Plan (SDP)
approval, as the case may be, offsite improvements and/or upgrades to the water
distribution/transmission system may be required to adequately handle the total estimated peak hour
(Dunkin Donuts Collier Boulevard CPUD PL20220004546) June 1, 2023 Page 9 of 10
.VY
flow to the project. Whether or not such improvements are necessary,and if so,the exact nature of such
improvements and/or upgrades shall be determined during PPL or SDP review by the County manager or
designee.Such improvement and/or upgrades as may be necessary shall be permitted and installed at the
developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for
any portion or phase of the development that triggers the need for such improvements and/or upgrades.
LANDSCAPING:
A. Preserves may be used to satisfy the landscape buffer requirements after exotic Vegetation
removal in accordance with LDC sections 4.06.02 and 4.06.05.e.1. Supplemental plantings with native
plant materials shall be in accordance with LDC Section 3.05.07.
(Dunkin Donuts Collier Boulevard CPUD PL20220004546) June 1, 2023 Page 10 of 10
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
October 2, 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. 2023-43, which was filed in this office on September 29,
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