Ordinance 2008-67
ORDINANCE NO.mr67
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 82-52, WHICH
ESTABLISHED THE KING'S LAKE PLANNED UNIT
DEVELOPMENT (PUD) TO MODIFY THE PERMITTED
COMMERCIAL USES WITHIN THE KINGS LAKE PUD, FOR
PROPERTY LOCATED AT 4890 DAVIS BOULEVARD, IN
SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 9.63
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
"
.
WHEREAS, D. Wayne Arnold of Q. Grady Minor & Associates, representing Kite
King's Lake LLC, petitioned the Board of County Commissioners to change the zoning
classification ofthe 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 7,
Township 50 South, Range 26 East, Collier County, Florida, is amended to modifY the permitted
commercial uses within the Kings Lake PUD (Ordinance No. 82-52) in accordance with the
PUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference
made part hereof.
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, FlOlida, this lit ~ay of (~ ,2008.
1
.f.:,'
,.<' '.'.
" AfrES1': _,',
DW!GHT p. BROCK, CLERK
. ~ ,. -
.:'
~~~k
Attest IS to Chal,..... .
Ifllll_tIre OIl"
Approved as to form and
legal sufficiency:
11- 7.WJ~
Steven T. Williams s<'"
Assistant County Attorney
Exhibit A: Commercial Use List
CP\OS-CPS-00890lDrd.STW
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~
TOM HENN
2
ThIs ordinance filed with the
5e<;l;etary of State's Office th.\:,
~ day af ~. _, .~a'to
and acknowledgement '.1P.thl1'
filing received lt1is _5-,-~ GuY
of ~u-U~~/~-~
~plltyCler1<
SECTION 6
BLOCK S: COMMERCIAL SHOPPING CENTER
6.1. PURPOSE
The purpose of this Section is to set forth the plan and regulations for the area
designated as Block S - Commercial Shopping Center, on the Master Plan of
Development, Exhibit "D".
6.2. USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
or water used, in whole or in part, for other than the following:
A. PRINCIPAL USES:
(1 )Restaurants no drive ias.
(2)CocktailloUll:;es aad retail package sales of liquors and oHler bcycrages, no
drive ins, subject to the provisions of Section 5.10, of Refercflce No. I.
(3)Rctail shops and stores. Retail shops and stores may include incidental
processing and repair activities, provided thcy are accessory and
subordinate to the retail sales use, and pro';ided that all storage,
processing and repair of merchandise occurs within the principal
building.
(1)FinanciaIInstitutiolls.
(5)Profcssional, business, financial, utilities offices and services.
(6)Medieal offices and clillics for humans.
(7),^.rt and photographic studios and galleries.
(8)Barber aad beauty shops.
(9)Shoe repair shops.
(lO)Laundry and dry cleaning pickup establisRmeHts and self service
laundries.
(II )Retail bakeries.
(l2)Tailoring, millinery, :;annent alteration and repair.
6-1
(13)Museums.
(!) Amusement and recreation services: Groups 7911 (dance studios,
schools and halls); 7991 (fitness facilities): 7997 (membership sports
and recreation clubs -indoor only); and 7999 (general amusement and
recreation services), limited to gymnastics, karate/iudo instruction,
sporting goods rental, and yoga instruction only.
(2) Apparel and accessory stores: Groups 5611 - 5699.
(3) Auto supply stores: Group 5531. including marine supply, excludes boat
sales and no on-site repair or outdoor storage
(4) Boat Dealers: Group 5551. marine supply only (excludes boat sales)
(5) Building materials. hardware, and garden supply: Groups 5231-5261
(excluding lumber yards).
(6) Business services: Groups 731 I. 7313, 7322 - 7338. 7361 (except day
labor business), 7371-7379, 7381 (detective and private investigators
onJy) 7382 - 7384
(7) Depository and non-depository institutions: Groups 6021- 6099.
(8) Eating places (Group 5812) and drinking places (Group 5813 only
cocktail lounges in coni unction with a restaurant.)
(9) Food stores: Groups 5411 (no fuel pumps shall be permitted). 5421.
5431 (except roadside sales) and 5499.
(10) General merchandise stores: Groups 5311 (depmtment stores) - 5399
(miscellaneous general merchandise), excluding warehouse clubs and
discount retail superstores.
.
(11) Health services: Groups 8011 - 8049,8071 - 8092 and 8099.
(12) Holding and other investment offices: Groups 6712 - 6799.
(13) Home furniture, furnishings and equipment stores: Groups 5712 - 5734,
5735 (no adult oriented stores of any kind). 5736.
(14) Insurance carriers, agents, brokers, and scrvices: Groups 6311 - 6399,
6411.
6-2
(15) Legal services: Group 8111 (except bails bondsmen and probation
offices).
(16) Membership organizations: Groups 8611, 8621. 8641 (excluding social
clubs).
(17) Miscellaneous repair: Groups 7622 - 7631.
(18) Miscellaneous retail: Groups 5912 (drug storest 5921 (liquor stores);
5932 (used merchandise) no pawn or consignment shops-antiques
stores only; 5941-5949; 5992-5999, except auction rooms and
monument, gravestone, sales barn and tombstone sales.
(19) Museums and art galleries (Group 8412).
(20) Personal services (Group 7212 dry-cleaning and laundry pickup stations
only) Groups 7217,7219 - 7251,7291. 7299 including onlv car title
and tag service, clothing/costume rcntaL computer photography.
depilatorv salon, tanning salon and tuxedo rental).
(21) Professional offices. research, and management consulting servIces
(Groups 8711 - 8721. 8732, 8733, 8741 - 8743,8748).
(22) Real estate agents and managers (Groups 6512 - 6552).
(23) Schools and colleges: Groups 8243, 8244, 8249 (only real estate,
banking and restaurant operation schools), and 8299 (only tutoring, art,
chann, cooking, diction, drama, modeling, public speaking, language,
and reading schools.)
(24) Security and commodity dealers (Groups 6211 - 6289).
(25) Travel agencies (Group 4724).
(26) Veterinary services (Group 0742 for household pets only and without
any overnight boarding or outside kennels).
(27) Video tape rental (Group 7841. no adult-oriented stores of any kind).
(28) Any other commercial use or professional service which is comparable
in nature with the foregoing uses, as determined bv the Board of Zoning
Appeals.
6-3
B. ACCESSORY USES:
(I) Accessory uses and structures customarily associates associated with the
uses-permitted principal uses and structures in this district.~.
(2) Sidewalk sales: Outdoor seasonal sales shall be permitted.
(3) New outdoor seating shall be permitted; however, outdoor amplified
music or televisions shall be prohibited.
C. The property may be used for the following if approved by a majority of the
Coastal .'\rea Plar.nillg Commissioll:
(I) Transient lodgillg facilities with a minimum of tv,enty (20) dwelling
llflit&
(2) Schools and eo lieges
(3) Pri'late clubs, subjeet to the proyisiolls of Seetion 5.10, of Reference No.
+-,
(1) Motion picture theatres and liye theatres 110 drive ins
(5) Commercial and private parking lots and parking garages
(6) Sen'iee Station
6.3. REGULATIONS
6.3.1. MINIMUM LOT AREA: NONE
6.3.2. MINIMUM LOT WIDTH: NONE
6.3.3. MINIMUM YARDS:
A. FrontYard-25 Feet.
B. Side Yard - None or a minimum of5 feet with no cul-de-sacs or
dead ends.
C. Rear Yard - 20 Feet.
6.3.4. MINIMUM FLOOR AREA: 1,000 square feet per building on the ground
floor.
6-4
6.3.5. MAXIMUM HEIGHT: 30 feet (measured from [mished grade of lot or
from the minimum base flood elevation required
by flood elevation ordinance) unless appro';ed
higher by CoaGtal :\rea Planning Commission.~
6.1. MINIMUM OFF STREET P,^.RKIHG:
Off street parking shall conform to i\rtiele VIII, Off Street Parking Regulatiofls,
of Reference No. I.
6.~1. OFF-STREET LOADING AND UNLOADING SPACES:
All uses other than transient lodging facilities shall be provided with one off-street
loading space for each 5,000 square feet, or fraction thereof, of principal building
floor area.
6.6. PLAN l.PPROV,^.L:
Plans f-or the development of all or part of Block S shall be approved by the
CoaGtall.rea Plaening Commission for architectural appearance, signs, lighting,
parking and landscaping.
6-5
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-67
Which was adopted by the Board of County Commissioners
on the 16th day of December, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 22nd
day of December, 2008,
DWIGHT E. BROCK
Clerk of. Courts af)9-:\Cl~"rk
Ex-offlclo to Baatd-.of "
County Commissiof)~Ts
!\,'~ '-'.. ',~,," \'_:
(\~'ll~"'_ ~/r;C
~~~a Poliiski, " -
Deputy Clerk