Ordinance 2024-10 ORDINANCE NO. 2024- 1 0
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 A COMMERCIAL
INTERMEDIATE (C-3) ZONING DISTRICT TO A COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR
THE PROJECT TO BE KNOWN AS THE BOAT HOUSE CPUD, TO
ALLOW DEVELOPMENT OF 32,500 SQUARE FEET OF GROSS
FLOOR AREA OF COMMERCIAL INTERMEDIATE (C-3) USES OR
20,000 SQUARE FEET OF GROSS FLOOR AREA OF BOAT SALES
AND BOAT AND ENGINE SERVICES AND REPAIRS FOR THE
PROPERTY LOCATED SOUTH OF RADIO LANE, NORTH OF
DAVIS BOULEVARD AND EAST OF RADIO ROAD IN SECTION 3,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 3.5f
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
[PL20230002068]
WHEREAS, Jessica Harrelson, AICP of Peninsula Engineering, and Richard D.
Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A. representing Boat House of Naples
Real Estate, LLC 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 located in Section 3,
Township 50 South, Range 26 East, Collier County, Florida, is changed from a Commercial
Intermediate (C-3) Zoning District to a Commercial Planned Unit Development(CPUD)Zoning
District for a 3.5+/- acre project to be known as The Boat House, CPUD in accordance with
Exhibits A through F attached hereto and incorporated herein by reference. The appropriate
[23-CPS-02352/1844004/1]89
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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. a04 GI becomes
effective.
PASSED AND DULY ADOPTED by super-majority �v1ote of the Board of County
Commissioners of Collier County, Florida, this (p ` day of //l(c h , 2024.
ATTEST: - BOARD OF COUNTY COMMISSIONERS
CRYSTAL'K. I : ;'CLERK COLLIER COUNTY, FLORIDA
11°1164
B / 1*' . BYY•
Atte `hp:rm. 'eputy Clerk C ' all, Chairman
Ste -tu oni'
Approved as to form and legality:
1
Heidi Ashton-Cicko 2a-24
Managing 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 filed with the
Votary of State's Offic
day of 4 t ,
and acknowlediement.sf that
filing ecei ed this P , day
of .Ii .• b
[23-CPS-02352/1844004/1]89 l� !l►�J�i,
0'_ "
The Boat House/PL20230002068 Deo►fil eta*
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EXHIBIT A
LIST OF PERMITTED USES
Regulations for development of the Boat House CPUD 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.
MAXIMUM INTENSITY:
This CPUD shall be limited to a maximum of 32,500 square feet of gross floor area of permitted and
conditional uses of the C-3,Commercial Intermediate, zoning district or 20,000 square feet of gross floor
area of boat sales, boat/engine services and repairs. The uses are subject to a trip cap identified in Exhibit
F of this 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 following:
A. PRINCIPAL USES
1. Permitted uses of the Commercial Intermediate(C-3) District
2. Boat dealers,subject to Item 5.A of Exhibit F(SIC 5551).
3. Boat and engine service and repairs, subject to Item 5.A of Exhibit F (SIC 3732 and 7699, limited
to engine repairs only).
4. 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)of the Hearing Examiner(HEX),
as applicable, by the process outlined by the Land Development Code(LDC).
B. ACCESSORY USES
1. Customary accessory uses and structures that are incidental to the list of permitted principal uses.
2. Outdoor storage and display of new and used boats.
C. CONDITIONAL USES
1. Conditional uses of the Commercial Intermediate (C-3) District, subject to LDC Sections 4.02.02
and 10.08.00.
D. PRESERVE—PRINCIPAL USES
1. Preservation of native vegetation.
E. PRESERVE—ACCESSORY USES
1. Benches for seating.
2. Pervious and impervious pathways, subject to criteria identified in LDC Section 3.05.07 H.1.h.i.
3. Stormwater management structures and facilities, subject to criteria identified in LDC Section
3.05.07 H.1.h.ii.
F. PROHIBITED USES
1. Homeless shelters
2. Soup Kitchens
Boat House CPUD
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January 9,2024 1
EXHIBIT B
LIST OF DEVELOPMENT STANDARDS
The standards for land uses within the development shall be as stated in these development standards
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
DEVELOPMENT STANDARDS
DEVELOPMENT STANDARDS PRINCIPAL USES/CONDITIONAL USES2 ACCESSORY USES
MINIMUM LOT AREA 15,000 SF N/A
MINIMUM LOT WIDTH 150 FEET N/A
MINIMUM SETBACKS(EXTERNAL)
FRONT YARD: 25 FEET 15 FEET
(FROM SOUTHERN PUD BOUNDARY)
FRONT YARD: 25 FEET SPS
(FROM WESTERN PUD BOUNDARY)
FRONT YARD: 25 FEET SPS
(FROM NORTHERN PUD BOUNDARY)
SIDE YARD: 15 FEET SPS
(FROM EASTERN PUD BOUNDARY)
MINIMUM SETBACKS(INTERNAL)
PRESERVE 25 FEET 10 FEET
MAXIMUM BUILDING HEIGHT
ZONED 35 FEET SPS
ACTUAL 42 FEET SPS
MINIMUM DISTANCE BETWEEN 1/2 the sum of the heights of the 10 FEET
PRINCIPAL STRUCTURES buildings, but not less than 15 FEET
SPS—Same as Principal Structure
Notes:
1. Nothing in this CPUD Document shall be deemed to approve a deviation from LDC unless it is expressly
stated in the list of deviations.
2. Conditional Use#17,Mixed Residential and Commercial Development,shall be per LDC Section 2.03.03
C.1.c.17.
Boat House CPUD
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EXHIBIT C
PUD MASTER PLAN
Boat House CPUD
PU DZ-PL20230002068
January 9,2024 3
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EXHIBIT D
LEGAL DESCRIPTION
Parcel 1:
That part of the east half of the Northwest quarter of Section 3,Township 50 South, Range 26 East, lying
North of State Road 84 (formerly known as State Road S-856), also known as Davis Boulevard Extension,
and South of State Road S-858,
More particularly described as:
Commencing at the North 1/4 corner of Section 3, Township 50 South, Range 26 East, Collier County,
Florida;thence along the North-South 1/4 line of said Section 3,South 00 degrees 54'52"West 50.00 feet;
thence along a line which is 50 feet South of and parallel to the North line of said Section 3, South 89
degrees 54'20"West 462.78 feet for a Place of Beginning;
Thence continuing South 89 degrees 54'20" West, 858.64 feet; thence South 00 degrees 31'13" West,
589.82 feet to the Northwesterly right-of-way line of State Road S-856 (Davis Boulevard Extension);
thence along said right-of-way line, 1010.08 feet along the arc of a circular curve concave to the Southeast,
radius of 2939.79 feet, delta of 19 degrees 41'10", chord bearing North 59 degrees 17'07" East, 1005.12
feet;thence North 00 degrees 05'40"West, 77.83 feet to the Place of Beginning.
LESS
Commencing at the North 1/4 corner of Section 3, Township 50 South, Range 26 East, Collier County,
Florida;thence along the North-South 1/4 line of said Section 3,South 00 degrees 54'52"West,50.00 feet;
thence along a line which is 50 feet South of and parallel to the North line of said Section 3, South 89
degrees 54'20"West,462.78 feet for a Place of Beginning;
Thence continuing South 89 degrees 54'20" West, 305.65 feet; thence South 00 degrees 05'40" East,
214.17 feet
to the Northwesterly right-of-way line of State Road S-856(Davis Boulevard Extension);thence along said
right-of-
way line, 334.86 feet along the arc of a circular curve concave to the Southeast, radius of 2939.79 feet,
delta of
06 degrees 31'35", chord bearing North 65 degrees 51'55" East, 334.68 feet; thence North 00 degrees
05'40" West, 77.83 feet to the Place of Beginning.
Bearings are based on the North line of the Northwest 1/4 of said Section 3 as being South 89 degrees
54'20"
West.
LESS AND EXCEPT the lands described in that Stipulated Final Judgment dated May 17,2001, recorded on
May 23, 2001, in Official Records Book 2829, Page 2422, of the Public Records of Collier County, Florida.
ALSO LESS AND EXCEPT all the lands lying Northeasterly of the lands described in that Stipulated Final
Judgment dated May 17, 2001, recorded on May 23, 2001, in Official Records Book 2829, Page 2422, of
the Public Records of Collier County, Florida.
And
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Parcel 2:
Being a portion of the NW 1/4 of the NW 1/4 of Section 3, Township 50 South, Range 26 East, Collier
County, Florida; and being more particularly described as follows:
Commence at the Northwest corner of said Section 3; run thence North 89 degrees 54'20" East,along the
Northerly line of said Section 3, for 821.76 feet; thence South 00 degrees 31'13" West, 50.00 feet to the
Point of Beginning, also being in the Southerly right-of-way line of State Route 5-858; thence North 89
degrees 54'20" East, along said Southerly right-of-way, line 500.00 feet; thence South 00 degrees 31'13"
West,589.82 feet to the Northerly right-of-way line of State Route S-856;said Northerly right-of-way line
being a curve to the Southwest, having a radius of 2939.79 feet,and whose chord bears South 42 degrees
06'38" West, for 753.20 feet; thence along the arc of said curve 755.27 feet; thence North 00 degrees
31'13" East, 1147.78 feet to the Point of Beginning;
LESS AND EXCEPT the lands described in that Warranty Deed, dated June 14, 1999, recorded on June 16,
1999, in Official Records Book 2559, Page 1817,of the Public Records of Collier County, Florida;
AND ALSO LESS AND EXCEPT all the lands lying Southwesterly of the lands described in that Warranty
Deed, dated June 14, 1999, recorded on June 16, 1999, in Official Records Book 2559, Page 1817, of the
Public Records of Collier County, Florida.
A total of 3.50±acres.
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EXHIBIT E
LIST OF DEVIATIONS
There are no deviations.
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EXHIBIT F
LIST OF DEVELOPMENT COMMITMENTS
The purposed of this Section is to set forth the development commitments for the development of this
project.
1. 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 the Boat House
of Naples Real Estate, 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 that
needs to be approved for legal sufficiency by the County Attorney. After such approval, the
Managing Entity will be released of their/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.
D. Site lighting shall be Dark Skies compliant to protect neighboring residential properties from direct
glare and light pollution. Fixtures shall not exceed a 25-foot mounting height.
2. TRANSPORTATION
A. The maximum total daily trip generation for the PUD shall not exceed 134 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.
3. ENVIRONMENTAL
A. The preservation requirement shall be 10%of the existing native vegetation on-site.
3.5-acres of existing native vegetation x 10%=0.35-acre preserve required
Boat House CPUD
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B. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation
removal in accordance with LDC Section 4.06.02 and 4.06.05 E.1. Supplemental plantings with
native plant material shall be in accordance with LDC Section 3.05.07.
4. LANDSCAPING
A. A 25' Type 'D' landscape buffer shall be provided along the northern PUD boundary and shall
include a solid wall 8 feet in height, required tree plantings, and a single code minimum hedge
row planted on the outside of the wall.
B. Along the length of boat display areas adjacent to Radio Road and Davis Boulevard,the 15'Type
'D'landscape buffer shall include the code minimum required hedge row,code minimum required
tree plantings,ornamental grasses (such as but not limited to Cordgrass or Muhly Grass) planted
at 3-gallons in size and 36" on center, and ground covers (such as but not limited to Golden
Creeper or Mimosa) planted at 1-gallon in size and 24"on center fronting the hedge row.
5. BOAT SALES AND REPAIRS
A. Hours of operation for boat sales, boat/engine service and repairs shall be limited to 8:00am—
5:00pm, Monday through Friday and 9:00am-3:00pm on Saturdays.
B. The repair and maintenance of all boats will occur within an enclosed building.
C. Outdoor storage and display areas may contain single-level boat racks/boat cradles.There shall
be no outdoor multi-level boat racks.
6. 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 by the County during
PPL or SDP review. 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 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 by the County during PPL or
SDP review. 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.
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FLORIDA DEPARTMENT of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
April 1, 2024
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. 2024-10, which was filed in this office on April 1, 2024.
Sincerely,
Matthew Hargreaves
Administrative Code and Register Director
MJH/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270