Ordinance 2025-04 ORDINANCE NO. 2025-0 4
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 AN INTERMEDIATE
COMMERCIAL DISTRICT (C-3) ZONING DISTRICT TO A
GENERAL COMMERCIAL DISTRICT (C-4) ZONING DISTRICT
LIMITED TO 11,000 SQUARE FEET OF GROSS FLOOR AREA OF
COMMERCIAL USES OF WHICH 5,000 SQUARE FEET OF GROSS
FLOOR AREA MAY BE CARWASH, WITH CONDITIONS;
PROVIDING FOR PARTIAL REPEAL OF ORDINANCE NO. 00-81
AND RESOLUTION NO. 12-253. THE SUBJECT PROPERTY IS
LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST 350
FEET EAST OF THE INTERSECTION OF TAMIAMI TRAIL AND
BAREFOOT WILLIAMS ROAD IN SECTION 33, TOWNSHIP 50
SOUTH, RANGE 26 EAST, CONSISTING OF 1.92± ACRES; AND BY
PROVIDING AN EFFECTIVE DATE. [PL20220005137]
WHEREAS, Robert J. Mulhere, FAICP and Ellen Summers, AICP of Bowman
Consulting, and Clay C. Brooker, Esq. of Cheffy Passidomo, P.A. representing 11760 Property,
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 more particularly
described in Exhibit A, located in Section 33, Township 50 South, Range 26 East, Collier
County, Florida, is changed from the Intermediate Commercial District (C-3) Zoning District to
the General Commercial District (C-4) Zoning District for a 1.9+/- acre project to be known as
11760 Tamiami Trail East Rezone, subject to the conditions shown in Exhibit B. Exhibits A
[23-CPS-02334/1903646/1]134
11760 Tamiami Trail E/PL20220005137
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through 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:
Ordinance No. 00-81, a rezone to C-3, and Resolution No. 12-253, a conditional use for
"Mac Business Plaza,"are hereby repealed as to the property described in this Ordinance.
SECTION THREE:
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. 2025- b 3 becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida,this 1�' day of n , 2025.
ATTEST:t; , • . r BOARD OF COUNTY COMMISSIONERS
CRYSTAL Ic,-KI , I ERK COLLIER COUNTY, FLORIDA
•
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BAtolifte,e444,10/26"
y. f- ,,� By.
Attest a ' it si ?eputy Clerk Burt L. Saunders, Chairman
sigriPt re bni-
Approved as to form and legality:
This ordinance filed with th-,=
/� Sec-etory of State's Office the
/�i�� day of hn>Ja�, Zo4`5
and acknowledgement of that
114t
eidi Ashton-Cicko 11-12-24 filin, received this 1 ' day
Managing Assistant County Attorney of,)Q/h/Q Z' �
Rv_..
n.0,Jty Clerk
Attachments: Exhibit A- Legal Description
Exhibit B - Conditions of Approval
Exhibit C - Location Map
Exhibit D- Conceptual Plan
[23-CPS-02334/1903646/1]134
11760 Tamiami Trail E/PL20220005137
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EXHIBIT A
Legal Description
11760 Car Wash Rezone(PL 20220005137)
COMMENCE AT THE WEST 1/4 CORNER OF SECTION 33, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, PROCEED NORTHERLY ALONG THE
SECTION LINE BETWEEN SAID SECTION 33 AND SECTION 32,TOWNSHIP 50 SOUTH,
RANGE 26 EAST, NORTH 02° 49' 48" EAST, 884.91 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF U.S. 41; THENCE, SOUTHEASTERLY ALONG SAID RIGHT-
OF-WAY LINE, 44.24 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 3,210.55 FEET, CENTRAL ANGLE OF 0° 47' 22",
AND A CHORD DISTANCE OF 44.23 FEET, BEARING SOUTH 54° 01' 20" EAST TO A
POINT OF TANGENCY; THENCE SOUTH 54° 25' 01" EAST ALONG SAID RIGHT-OF-
WAY LINE, 1,124.37 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL;THENCE CONTINUE SOUTH 54°25' 01"EAST,600 FEET ALONG SAID RIGHT-
OF-WAY LINE; THENCE SOUTH 35° 34' 59" WEST, 321.16 FEET; THENCE NORTH 54°
25' 01" WEST, 541.69 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF
BAREFOOT WILLIAMS ROAD; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY
LINE, 132.69 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST, HAVING
A RADIUS OF 140.00 FEET, A CENTRAL ANGLE OF 54° 18' 18", AND A CHORD
DISTANCE OF 127.78 FEET, BEARING NORTH 08° 25' 50" EAST TO A POINT OF
TANGENCY; THENCE NORTH 35° 34' 59" EAST, 207.46 FEET TO THE POINT OF
BEGINNING.
LESS AND EXCEPT THEREFROM THE LAND CONVEYED TO RACETRAC
PETROLEUM, INC., A GEORGIA CORPORATION, BY GENERAL WARRANTY DEED
RECORDED IN OFFICIAL RECORDS BOOK 5871,PAGE 1617,OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE WEST'/4 CORNER OF SECTION 33,TOWNSHIP 50 SOUTH,RANGE
26 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 02° 49' 48" EAST, ALONG
THE WEST LINE OF SAID SECTION 33, FOR A DISTANCE OF 884.91 FEET TO A POINT
ON THE SOUTH RIGHT-OF-WAY LINE OF U.S. 41, BEING A POINT ON A NON-
TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 3,210.55 FEET; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF-WAY,FOR
44.24 FEET,HAVING A CENTRAL ANGLE OF 0°47' 22",A CHORD BEARING OF SOUTH
54° 01' 20"EAST,AND A CHORD OF 44.23 FEET TO A POINT OF TANGENCY; THENCE
SOUTH 54° 25' 01" EAST ALONG SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF
1,124.37 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUE SOUTH 54°25'01"EAST ALONG SAID RIGHT-OF-WAY LINE,FOR
A DISTANCE OF 340.00 FEET;THENCE SOUTH 35° 34' 59"WEST,FOR A DISTANCE OF
321.16 FEET; THENCE NORTH 54° 25' 01"WEST, FOR A DISTANCE OF 281.69 FEET TO
A POINT ON THE EAST RIGHT-OF-WAY LINE OF BAREFOOT WILLIAMS ROAD,AND
THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT,HAVING A RADIUS OF
140.00 FEET; THENCE ALONG SAID RIGHT-OF-WAY AND SAID CURVE TO THE
RIGHT,THROUGH A CENTRAL ANGLE OF 54° 18' 16",A CHORD BEARING OF NORTH
08°25' 50"EAST,A CHORD LENGTH OF 127.78 FEET,AND AN ARC LENGTH OF 132.69
FEET; THENCE NORTH 35° 34' 59" EAST ALONG SAID EAST RIGHT-OF-WAY, FOR A
DISTANCE OF 207.46 FEET TO THE POINT OF BEGINNING.
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Exhibit B-Conditions of Approval
11760 Tamiami Trail E Rezone
PL-20220005137
1. The following uses are hereby authorized as permitted by right:
a. All permitted uses in the C-3 commercial intermediate zoning district; and
b. Carwashes (Group 7542).
2. Development is limited to a maximum intensity of 11,000 square feet of gross floor area,
of which a carwash shall not exceed 5,000 square feet.
3. Carwashes (Group 7542) shall adhere to the requirements of the LDC, except as specified
below:
a. The minimum side yard setback shall be 10 feet when adjacent to a commercially
zoned property.
b. The carwash building shall not exceed 5,000 square feet.
c. Vacuuming facilities may be located outside the building but may not be located in
any required yard area and shall not be located forward of the primary façade of the
car washing facility.
d. Vehicular stacking lanes and drive through lanes shall not be located closer to the
US 41 right-of-way than the principal building.
e. A sound attenuation wall shall be: a) a minimum height of 2 feet higher than the
entrance to the car wash tunnel, but not exceed 12 feet in height above grade; and
b) be provided twenty-five (25) feet from the rear property line along the entire
width of the car wash facility, including the drive aisles that serve the car wash.
The location of the wall is labeled as "Maximum 12' Sound Attenuation Wall" on
the Conceptual Site Plan.
4. The following standards apply to establishments with drive-through facilities(Group 5812
Eating Places and 5813 Drinking Places):
a. A maximum of 6,000 square feet of gross floor area in the principal structure.
b. In addition to satisfying design standards of section 5.05.08 F.6.,vehicular stacking
lanes and drive through lanes shall not be located closer to the US 41 right-of-way
than the principal building.
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. Parking lots, vehicular use areas, and service functions areas shall be located to the sides
or rear of buildings,no closer to US 41 than the principal building except that a maximum
of one double loaded drive aisle of parking is permitted in the front yard.
7. Landscaping for parking lots, vehicular use areas, and service function areas shall be
designed in accordance with LDC section 4.06.03,except that interior parking lot plantings
shall be a maximum of 25 percent turf grass. The balance shall be shrubs or groundcover
in planting areas appropriate to the design.
8. Landscape buffers shall be designed in accordance with LDC section 4.06.00, except for
the following:
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a. The 15-foot-wide Type `B'front yard landscape buffer easement(LBE) shall be
enhanced by:
i. Planting canopy shade trees (understory trees and palm trees may not be
substituted for canopy trees) spaced 25 feet on center with trees having a
minimum average mature canopy spread of 20 feet and an eight-foot vertical
clearance for pedestrians, if applicable, as determined by County Manager
of designee.
ii. Planting only native vegetation, grass, ground cover, or other landscape
treatment in accordance with LDC section 4.06.00.
b. The 20-foot-wide Type `B' rear yard LBE shall be enhanced with a minimum of
five canopy trees (understory and palm trees may not be substituted for canopy
trees)per 100 linear feet.
9. The maximum total daily trip generation for the Rezone shall not exceed 127 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.
10. Vehicular and Pedestrian interconnection to the property to the east will be provided, by
the Owner,its successors or assigns,as shown on the Conceptual Site Plan. The Owner,its
successors or assigns,will provide an access easement over a portion of the property to the
property owner to the east, or an access easement to the public for public use without
responsibility of maintenance by Collier County,at time of the first Site Development Plan
or Plat. The connection and supporting infrastructure will be constructed to the property
line by the Owner, its successors or assigns, of the rezone property prior to the first
Certificate of Occupancy.The interconnections shall remain open to the public. At the time
of this rezone,private access easements to the west are recorded in Official Records Book
5241 Page 2441 et. seq. and Official Records Book 5129 Page 1366 et. seq.
11. All other applicable state or federal permits must be obtained before commencement of the
development.
12. 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.S. HIGHWAY NO.41 (STATE ROAD NO.90)
(200'R.O.W.)
PROPERTY 15' TYPE 'B'
BOUNDARY N RIIEFFR
S FRONT
I —
SETBACK .� — — o mi/ T
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w--Cl)Q 73 1 ACCESS ESM'T
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(OR BK.5241,
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z t 10' TYPE 'D' 0' TYPE 'D'
Z I / BUFFER BUFFER
N REQUIRED
co CAR i 4 t 4_ PARKING
WASH_ r �� Z Q
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MINIMUM 20' TYPE 'B'
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MAXIMUM MINIMUM
12' SOUND RT ZONING 6' WALL
ATTENUATION
WALL SUBJECT PARCEL: 1 .92 ACRES
EXISTING ZONING: C-3 %,
PROPOSED ZONING: C-4 0 25 50
SCALE IN FEET
NMI 950 Encore CHECKED BY : PROJECT No.
y ES 2023.006
Naples, FL. 34110 11760 TAMIAMI TRAIL REZONE DRAWN BY CAD FILE NAME:
Phone: (239)254-2000ficate (CONCEPTUAL SITE PLAN) MK 3006_CONCEPT
HOLE MONTES Florida Certificate of DATE : 1 Of 2
ENGINEERS•PLANNERS•SURVEYORS Authorization No.1772 EXHIBIT D 5/2024
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NOTES:
No Preservation Required
Parking Requirement:
Auto/Truck Washing: 1 space per employee of the largest shift for automotive
wash facilities.
3 Employees: 3 Spaces Total
Standard Space: 3 Spaces
Handicapped Space: 1 Space
Encore WayCHECKED BY: PROJECT No.
ES 2023.006No.
Naples, FL. 34110 11760 TAMIAMI TRAIL REZONE DRAM BY: CAD FILE NAME:
Phone: (239)254-2000ficate (CONCEPTUAL SITE PLAN) MK 3006_CONCEPT
HOLE MON TES Florida Certificate of DATE :
ENCNEERS•RANtERS•91RYEl'ORS Authorization No.1772 3/2023 2 Of 2
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/60-4—%
"As 4.v
FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
January 17, 2025
Crystal K. Kinzel
Clerk of Court
Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Crystal Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2025-04, which was filed in this office on January 16,
2025.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270