Ordinance 2014-28 ORDINANCE NO. 14- 2 8
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
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 FROM COMMERCIAL
INTERMEDIATE (C-3) AND HEAVY COMMERCIAL (C-5)
ZONING DISTRICTS TO A GENERAL COMMERCIAL (C-4)
ZONING DISTRICT, FOR PROPERTY LOCATED ON THE
EAST SIDE OF COLLIER BOULEVARD (C.R. 951) NORTH OF
RATTLESNAKE-HAMMOCK ROAD (C.R. 864) IN SECTION 14,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 18.95 +/- ACRES; PROVIDING FOR
REPEAL OF ORDINANCES 99-84, 00-75, 02-26, 03-31 AND 04-23;
AND BY PROVIDING AN EFFECTIVE DATE. [RZ-
PL20130001652 - COMPANION TO CU-PL20130002241]
WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc., representing Amerisite,
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: Change of Zoning Classification.
The zoning classification of the real property consisting of 18.95± acres more particularly
described in Exhibit A, attached hereto and incorporated herein by reference, located in Section
14, Township 50 South, Range 26 East, Collier County, Florida, is changed from C-3 and C-5
Zoning Districts to a C-4 Zoning District, subject to the conditions shown in Exhibit B. 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.
Amerisite/RZ-PL20130001652 1 of 2
Rev. 6/19/14
C�
.y
SECTION TWO: Repeal of Prior Zoning Ordinances.
Ordinance Nos. 99-84, 00-75, 02-26, 03-31 and 04-23 are hereby repealed in their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
tA.
Commissioners of Collier County, Florida, this -6— day of � , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT L>BROC XLERK COLLIER COUNTY, FLORIDA
%.9AAAAck._- exxicok...- Cr / /
B .
Attesf !?S. TOM NN 1 G hairman
sir,"-4111:e Only... r
App ved as to form and legality:
. T\#(.. v,
A (.00901.1
Scott A. Stone
Assistant County Attorney
Attachments: Exhibit A–Legal Description
Exhibit B - Conditions of Approval
CP\13-CPS-01267\46
This ordinance filed with the
S retary of Sti.ite;s ff ce t1,e
dayof . ,IV
and acknowledgemen�t of that
filing r ceivedIt..... .J T• • day
of . , . L ,v
By ,/,.a.La...,,..
Deputy 0 NW
Amerisite/RZ-PL20130001652 2 of 2
Rev. 6/19/14
0
Exhibit A
LEGAL DESCRIPTION
A PORTION OF THE SOUTHWEST 'A OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 14, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 03°12'59"
EAST, ALONG THE WEST LINE OF SAID SECTION 14, A DISTANCE OF 1,007.29 FEET;
THENCE DEPARTING FROM THE WEST LINE OF SAID SECTION 14, SOUTH 89°55'45"
EAST, A DISTANCE OF 100.15 FEET TO THE POINT OF BEGINNING OF THE PARCEL
OF LAND HEREIN DESCRIBED, THE SAME BEING A POINT ON THE EAST LINE OF
THE HENDERSON CREEK CANAL; THENCE NORTH 03°12'59" EAST, ALONG THE
EAST LINE OF SAID HENDERSON CREEK CANAL, A DISTANCE OF 667.53 FEET;
THENCE DEPARTING FROM THE EAST LINE OF SAID HENDERSON CREEK CANAL,
NORTH 89°57'02" EAST, A DISTANCE OF 1,236.59 FEET; THENCE SOUTH 03°14'19"
WEST, A DISTANCE OF 670.14 FEET; THENCE NORTH 89°55'45" WEST, A DISTANCE
OF 1,236.18 FEET TO THE POINT OF BEGINNING.
CONTAINING 825,633 SQUARE FEET OR 18.954 ACRES, MORE OR LESS.
EXHIBIT"B"
Conditions of Approval:
All C-4 uses are permitted, except as prohibited or limited below:
The sale or rental of adult oriented books, videos, tapes, or other material in
conjunction with any permitted use is prohibited.
II. The following C-4 uses, as listed under LDC Section 2.03.03.D.1.a, are prohibited:
7. Amusement and recreation services, outdoor (7999 - fishing piers and lakes
operation, houseboat rental, pleasure boat rental, operation of party fishing
boats, canoe rental only).
8. Ancillary plants.
9. Animal specialty services, including veterinary (0752, including
outside kenneling).
13. Auto and home supply stores (5531).
14. Automobile Parking, automobile parking garages and parking structures (7521 -
shall not be construed to permit the activity of"tow-in parking lots").
15. Automotive services (7549) except that this shall not be construed to permit the
activity of "wrecker service (towing) automobiles, road and towing service."
16. Automotive vehicle and equipment dealers (5511 and 5599).
21. Bowling centers, indoor (7933).
22. Building cleaning and maintenance services (7349).
26. Business services - miscellaneous (7381, 7389 — including auctioneering service,
automobile recovery, automobile repossession, batik work, bottle exchanges,
bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton
inspection, cotton sampler, directories-telephone, drive-away automobile,
exhibits-building, filling pressure containers, field warehousing, fire extinguisher,
floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation
services, metal slitting and shearing, packaging and labeling, patrol of electric
transmission or gas lines, pipeline or powerline inspection, press clipping service,
recording studios, repossession service, rug binding, salvaging of damaged
merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery,
sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile
folding, tobacco sheeting, and window trimming service).
27. Cable and other pay television services (4841) including communications towers
up to specified height, subject to section-5.05.09.
29. Carwashes (7542) provided that carwashes abutting residential zoning districts
shall be subject to section 5.05.11 of this Code.
32. Civic, social and fraternal associations (8641).
Revised 6/19/14 ""1
33. Coin-operated laundries and dry cleaning (7215).
34. Coin operated amusement devices, indoor(7993).
42. Detective, guard and armored car service (7381, including armored car and dog
rental).
45. Disinfecting and pest control services (7342).
46. Drycleaning plants (7216, nonindustrial drycleaning only).
49. Educational plants.
50. Educational services (8221 and 8222).
51. Electrical and electronic repair shops (7622-7629).
53. Equipment rental and leasing (7359 - including airplane, industrial truck, portable
toilet and oil field equipment renting and leasing).
58. Funeral services (7261, including crematories).
60. Gasoline service stations (5541)
63. Golf courses, public (7992).
69. Home health care services (8082).
74. Labor unions (8631).
77. Laundries, family and commercial (7211).
81. Loan brokers (6163).
83. Marinas (4493 & 4499 - including canal operation, cargo salvaging, ship
dismantling, lighterage, marine salvaging, marine wrecking, and steamship
leasing), subject to section 5.05.02
89. Motion picture theaters (7832).
90. Motorcycle dealers (5571).
97. Passenger car leasing (7515).
98. Passenger car rental (7514).
99. Personal credit institutions (6141).
103. Photofinishing laboratories (7384).
106. Political organizations (8651).
108. Professional sports clubs and promoters, indoor (7941).
109. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-
9532, 9611-9661).
110. Public or private parks and playgrounds:
114. Radio and television broadcasting stations (4832 & 4833).
118. Repair services - miscellaneous (7699 - including agricultural equipment repair,
awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin,
septic tank and cesspool cleaning, industrial truck repair, machinery cleaning,
repair of service station equipment, boiler cleaning, tinsmithing, tractor repair).
121. Retail nurseries, lawn and garden supply stores (5261).
122. Reupholstery and furniture repair (7641).
126. Shoe repair shops and shoeshine parlors (7251).
Revised 6/19/14
n
Ir
127. Social services, individual and family (8322-8399, including homeless shelters
and soup kitchens).
130. Telegraph and other message communications (4822) including communications
towers up to specified height, subject to section 5.05.09
131. Telephone communications (4812 and 4813) including communications towers
up to specified height, subject to section 5.05.09
132. Theatrical producers and miscellaneous theatrical services, indoor (7922-7929,
including bands, orchestras and entertainers; except motion picture).
136. Videotape rental (7841).
137. Vocational schools (8243-8299).
140. Any use which was permissible under the prior General Retail Commercial (GRC)
zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and
which was lawfully existing prior to the adoption of this Code.
III. The Following C-4 Uses, as listed under LDC Section 2.03.03.D.1.a, are Restricted as
Indicated:
6 and 105. Amusement and recreation services, indoor (limited to 7991 physical fitness
facilities, gyms, yoga, karate, dance instruction and similar indoor fitness
facilities).
43. Department stores (5311), not to exceed 20,000 gross square feet of leasable
floor area.
61. General merchandise stores (5331-5399), not to exceed 20,000 gross square
feet of leasable floor area.
112. Radio, television and consumer electronics stores (5731), not to exceed 20,000
square feet of gross leasable floor area.
III. Maximum Building Height:
The allowable zoned building height in C-4 of 75 feet shall be permitted for the following
uses:
64. Group care facilities (category I and II, except for homeless shelters); care units,
except for homeless shelters; nursing homes; assisted living facilities pursuant
to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement
communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to
section 5.05.04.
71. Hotels and motels (7011, 7021 and 7041) when located within an activity center.
All other uses shall be limited to a maximum zoned height of 50 feet, except retail which
shall be limited to 35 feet.
Revised 6/19/14
O
IV. Setbacks and Landscape Buffers:
Setbacks and landscaper buffers shall be as required in the Land Development Code at
the time of permitting, except as follows:
1. The setback from the northern property line shall be 35 feet.
2. The required landscape buffer along the northern property line shall be 10 feet
wide with LDC Alternative B Buffer Plantings.
V. Amplified Sound:
The use of amplified sound shall be limited to 8:00 AM to 10:00 PM.
VI. Unified Design Theme:
The project will be developed, whether through a platted subdivision or through a Site
Development Plan, with the following:
• Shared access from Collier Boulevard;
• Shared stromwater management design;
• Lighting designed and shielded to prevent spillage or glare on adjacent parcels;
• Common architectural, landscaping and signage design theme.
VII. Notice of Proximity to Florida Sports Park:
The developer, its successor or assignee, shall provide to any potential resident of an
approved ALF, or similar facility allowing residential habitation, a disclosure statement
with respect to the noise that is associated with the Swamp Buggy Races located at 8250
Collier Boulevard, Naples, Florida within the Florida Sports Park (within the Hacienda
Lakes PUD) as it relates to the location of this property. The statement shall disclose
that the Florida Sports Park and Swamp Buggy operations regularly generate noise
which may be heard on the rezoned C-4 property, both during the day and into the
evening, including but not limited to, noise from swamp buggy racing, tractor pulls,
festivals , and music concerts. This statement must be presented to the resident prior
to entering into any contract.
Within 120 days of approval of this rezone, the owner shall record in the public records
of Collier County a notice of proximity to the Florida Sports Park and Swamp Buggy
grounds. The notice shall disclose that the Florida Sports Park and Swamp Buggy
operations regularly generate noise which can be heard on the Collier Boulevard
Commercial property, both during the day and into the evening, including but not
limited to, noise from swamp buggy racing, tractor pulls, festivals , and music concerts.
The legal description of the property subject to this rezone shall be attached to the
notice.
Revised 6/19/14
Jo)
VIII. Prior to issuance of a building permit on the subject site, the developer, its successor or
assignee, shall pay in full the outstanding "fair share" costs attributable to Collier
Boulevard (CR951) six-lane project.
Revised 6/19/14
Cq
O
11 T
,s
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 14, 2014
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 14-28, which was filed in this office on July 14, 2014.
Sincerely,
Liz Cloud
Program Administrator
LC/mrh
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us