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Backup Documents 07/08/2014 Item #17B COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17B To: Clerk to the Board: Please place the following as a: x Normal legal Advertisement ❑ Other: (Line Item Adv.,location,etc.) ********************************************************************************************* Originating Dept'Div:GMD/Planning&Zoning Dept. Person: Marcia R. Kendall Date: 6/11/2014 Petition No.(If none,give brief description): PL20I3000224911CPSS-2013-2-GMPA, PL20130002241 CU,and PL20130001652!RZ. Petitioner: (Name&.Address): Robert Mulhere.Hole Montes&Associates.950 Encore Way,Naples, FL 34110 Name&Address of any person(s)to he notified by Clerk's Office:(If more space is needed, attach separate sheet)NIA Hearing before X BCC BZA Other Requested Hearing date: My 08,2014 (Based on advertisement appearing on 06/18114,or 20 days prior to hearing.) Newspaper(s)to he used: (Complete only if important): X Naples Daily News Account#068778 ❑ Other ❑ Legally Required Purchase Order number: 4500146429 Proposed Text: (Include legal description& common location& Size: the ad should be a Display advertisement and must not be placed in that portion of the newspaper where classified ads appear. Companion petition(s). if any& proposed hearing date:N/A Does Petition Fee include advertising cost?X Yes ❑ No. If Yes,what account should be charged for advertising costs: I l 1- 138317-649100-00000 Reviewed by: Division Administrator or Designee Date List Attachments: Advertisement Request and Ad Map DISTRIBUTION INSTRUCTIONS A. For hearings before f3CC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ Count) Manager agenda file: to ❑ Requesting Division ❑Original Clerk's Office 13. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE 0L (� Date Received: Il I Date of Public hearing: I l Date Advertised: ( ... !. 1 17.8 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES AND A RESOLUTION Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday, July 08, 2014 in the Board of County Commissioners chamber, third floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL. The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider recommendations to the Board of County Commissioners to transmit adoption of a Small Scale Growth Management Plan amendment to the Department of Economic Opportunity (DEO), and to consider recommendations for companion Rezone and Conditional Use Land Use Petitions. The ORDINANCE & RESOLUTION titles are as follows: ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, T11E COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR TILE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, BY RECONFIGURING THE BOUNDARY AND INCREASING THE SIZE OF TIIE NORTHEAST QUADRANT OF MIXED USE ACTIVITY CENTER NO. 7 BY 9.24 ACRES (RATTLESNAKE HAMMOCK ROAD AND COLLIER BOULEVARD). '1'IlE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951), APPROXIMATELY 1,005 FEET NOR'T11 OF RATTLESNAKE HAMMOCK ROAD EXTENSION, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 9.24 ACRES; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF TLIE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. IPL20130002249/CPSS-2013-21 (COMPANION TO RZ-20130001652 & CU-PL20130002241) AND ORDINANCE NO. 14- AN ORDINANCE OF 171E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED TIIE COMPREHENSIVE ZONING REGULATIONS FOR TnE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAI'S BY CHANGING TILE 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-PL201300022-11 & PL20130002249/CI'SS-2013-2 SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT) AND 1 RESOLUTION NO. 14- 1 76 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW AIR-CONDITIONED INDOOR SELF STORAGE (SIC CODE 4225) WITHIN A GENERAL COMMERCIAL (C-4) ZONING DISTRICT PURSUANT TO SECTION 2.03.03.1).1.C.21 OF TIIE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951) NORTH OF RATTLESNAKE-HAMMOCK ROAD (C.R. 864) IN SECTION 14, TOWNSIIIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ICU- PL201300022411 (COMPANION TO RZ-PL20130001652 & PL20130002249/CPSS-2013-2 SMALL SCALE GROW'T'H MANAGEMENT PLAN AMENDMENT) [INSERT MAP] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Planning & Zoning Department, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, FL., between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, fourth floor, suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Planning & Zoning Department, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Tuesday, July 08, 2014, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/ Deputy Clerk (SEAL) 2 170 . _ / LASIP CONSERVATION AREA HACIENDA LAKES (DRI) CD _ FIRST 13 m ASSEMBLY NAPLES LAKES U w MINISTRIES 1 4 COUNTRY CLUB .J LORD'S WAY PROJECT 15 0 30 ACRE LOCATION U . (C.R. 864) G CENTER TURN RATTLESNAKE HAMMOCK MCMULLEN HAMMOCK ROAD _ COM ERCE CENTRE SIERRA MEADOWS COLLIER HACIENDA LAKES 1-MEDICAL L (DRI) COLLEGEW000 / CENTER COLLEGE EDISON 1 PARK VILLAGE 1 23 22 24 ROCKEDGE -- LELY, A RESORT COMMUNITY LI (DRI) _ HACIENDA LAKES SABAL PALM ROAD (DRI) 178 ORDINANCE NO. 14- 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, TOWNSI-IIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.95 +1- 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 J 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, "1"HE.REFORE, BE U' ORDAINED BY TIlE 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 Commercial Intermediate (C-3) and Heavy Commercial (C-5) Zoning Districts to a General Commercial (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. Amcrisite:'RZ-PL20130001652 1 of 2 5/6.14 178 4 . 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 Commissioners of Collier County, Florida, this day of , 2014. BOARD OF COUNTY COMMISSIONERS DWIGIhh E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: --_......._..... — By: Deputy Clerk Tom I•lenning, Chairman Approved as to form and legality: Ledi Scott A. Stone Assistant County Attorney Attachments: Exhibit A— Legal Description Exhibit B — Conditions of Approval Cl' 13•CI'S-012(,7'20 AmerisiteJRZ-P1,20130001652 2 o12 5'6'14 178 Exhibit A LEGAL DESCRIPTION � li A PORTION OF THE SOUTHWEST V4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 LAST, 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 E DEPARTING FROM THE WEST LINE OF SAID SECTION 14, SOU 111 89°55'45" LAST. A DISTANCE OF 100.15 1TIT TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN IN DESCRIBED, 'HIE SAME 131 ING A POINT ON THE EAST LINE, OF THE HENDERSON CREEK CANAL; THENCE NORTH 03°12'59" EAST, ALONG THE LAST LINE OF SAID HENDERSON CREEK CANAL, A DISTANCE OF 667.53 FEET; THENCE DEPARTING FROM THE EAST I..INE 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 NOR"I'FI 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 1.155. 178 , Exhibit B Conditions of Approval: All C-4 uses are permitted, except as prohibited or limited below: Sexually Oriented Businesses: Sexually Oriented Business as defined in Collier County Ordinance 91-83, as amended is prohibited. The sale or rental of adult oriented sexual books, videos, tapes, or other adult oriented sexual material in conjunction with any permitted use is prohibited. II. Additionally,the following C-4 uses 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, except veterinary(0752, excluding 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, new vehicles only). 21. Bowling centers, indoor (7933). 22. Building cleaning and maintenance services (7349). 26. Business services - miscellaneous (7381, 7389 - except 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). 171F17mm777"; 33. Coin-operated laundries and dry cleaning (7215). 34. Coin operated amusement devices, indoor(7993). 42. Detective, guard and armored car service (7381, except 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 - except airplane, industrial truck, portable toilet and oil field equipment renting and leasing). 58. Funeral services (7261, except 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 - except 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 - except 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). 178 127. Social services, individual and family (8322-8399, except for 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. Ill. The Following C-4 Uses are Restricted as Indicated: 6. Amusement and recreation services, indoor 7991 physical fitness facilities, gyms, yoga, karate, dance instruction and similar indoor fitness facilities, and 7999, bicycle rental only. 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 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 height of 50 feet, except retail which shall be limited to 35 feet. IV. Setbacks and Landscape Buffers: 178 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. 3. Indoor Air-conditioned Self-Storage buildings shall not be located close than 100 feet from the property line adjacent to Collier Boulevard or if closer than 100 feet, the self storage building(s) shall not be visible from Collier Boulevard. A self-storage office and management facility is not subject to this distance limitation. V. Amplified Sound: The use of amplified sound shall be limited to 8:00 AM to 10:00 PM. VI. Access to Indoor-Air-Conditioned Self Storage Buildings: Access to indoor-air-conditioned self storage buildings, including any roll up doors, shall be located on the east side of such buildings or otherwise located such that they are not visible from Collier Boulevard. Outdoor storage is prohibited. VII. 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. VIII. 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. 1 .78 y T 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. IX. 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. 179 . bounty of Collier CLERK OF ThE CIRCUIT COURT COLLIER COUNTY CdURTHJSE Dwight E. Brock 3315 TAMIAMI TRAIt•.EAST ST 102 Clerk of Courts Clerk of Courts Accountant P.O. BOX 413044 Auditor NAPLES, FLORIDA 34101-3044 Custodian of County Funds June 11, 2014 Hole Monies & Associates, Inc. Attn: Robert Mulhere 950 Encore Way Naples, FL 34110 Re: CPSS-2013-02/PL20130002249, PL20130002241 & PL20130001652 Dear Petitioner: Please be advised that the above referenced petitions will be considered by the Board of County Commissioners on Tuesday, July 8, 2014, as indicated on the enclosed notice. A legal display notice pertaining to these petitions will be published in the Naples Daily News on Wednesday, June 18, 2014. You are invited to attend this public hearing. Sincerely, DWIGHT E. 13ROCK, CLERK Martha Vergara, Depu 4 Clerk Enclosure Phone - (239) 252-2646 Fax - (239) 252-2755 Website - www.collierclerk.com Email - collierclerk @collierclerk.com 179 Acct #068778 June 11, 2014 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: CPSS-2013-2 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (W/Map) on Wednesday, June 18, 2014 and send the Affidavits of Publication, in Triplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500146429 NOTICE OF PUBLIC HEARING 1713 NOTICE OF INTENT TO CONSIDER ORDINANCES AND A RESOLUTION Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday, July 08, 2014, in the Board of County Commissioners Chamber, Third Floor, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider recommendations to the Board of County Commissioners to transmit adoption of a Small Scale Growth Management Plan amendment to the Department of Economic Opportunity (DEO), and to consider recommendations for companion Rezone and Conditional Use Land Use Petitions. The ORDINANCE & RESOLUTION titles are as follows: ORDINANCE NO. 14- AN ORDINANCE OF 'TIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, BY RECONFIGURING THE BOUNDARY AND INCREASING THE SIZE OF TIIE NORTITEAST QUADRANT OF MIXED USE ACTIVITY CENTER NO. 7 BY 9.24 ACRES (RATTLESNAKE HAMMOCK ROAD AND COLLIER BOULEVARD). TIIE SUBJECT PROPERTY IS LOCATED ON TIIE EAST SIDE OF COLLIER BOULEVARD (C.R. 951), APPROXIMATELY 1,005 FEET NORTH OF RATTLESNAKE HAMMOCK ROAD EXTENSION, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 9.24 ACRES; ANI) FURTHERMORE RECOMMENDING TRANSMITTAL OF TIIE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20130002249/CPSS-2013-2J (COMPANION TO RZ-20130001652 & CU-PL20130002241) AND ORDINANCE NO. 14- 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 TIIE 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-PL20130001652J (COiMPANION TO CU-PL20130002241 & P1,20130002249/CPSS-2013-2 SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT) 1 AND 1713 RESOLUTION NO. 14- A RESOLUTION OF TIIE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW AIR-CONI)ITIONEI) INDOOR SELF STORAGE (SIC CODE 4225) WITHIN A GENERAL COMMERCIAL (C-4) ZONING DISTRICT PURSUANT TO SECTION 2.03.03.D.1.C.21 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON TIIE 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. [CU- PL201300022411 (COMPANION TO RI-PL20130001652 & PL20130002249/CPSS-2013-2 SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT) [INSERT MAP] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Planning & Zoning Department, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, FL., between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Planning & Zoning Department, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Tuesday, July 08, 2014, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara Deputy Clerk (SEAL) 2 17B , , LASIP CONSERVATION AREA HACIENDA LAKES (DRI) rn m FIRST 13 ASSEMBLY NAPLES LAKES _, D' MINISTRIES 14 Lii COUNTRY CLUB _J LORD'S WAY PROJECT 15 0 30 ACRE C LOCATION (C.R. 864) GOAD TU /� CENTER R RN RATTLESNAKE JHAMMOCK MCMULLEN HAMMOCK ROAD OM E RCEI i CENTRE _ SIERRA MEADOWS COLLIER HACIENDA LAKES ..---MEDICAL CENTER REGIONAL (DRI) COLLEGE WOOD / COLLEGE EDISON 1 PARK VILLAGE 23 22 24 ROCKEDGE - LELY, A RESORT COMMUNITY LI (DRI) _ HACIENDA LAKES SABAL PALM ROAD (DRI) 178 Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, June 11, 2014 11:27 AM To: Naples Daily News Legals Subject: CPSS-2013-2 (PL20130002249, PL20130002241 & PL20130001652) Attachments: CPSS-2013-2 (7-8-14).doc; CPSS-2013-2 (7-8-2014).doc; CPSS-2013-2 (7-8-14) Map.pdf Legals, Please advertise the following attached ad Wednesday, June 18, 2014 (w/display map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com 176 Martha S. Vergara From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Friday, June 13, 2014 11:53 AM To: Martha S. Vergara Subject: #231130884 - BCC Comp Planning Proof.061814 Attachments: NDN231130884.BCC CompPlanning Proof.061814.pdf Hi Martha! Please provide approval ASAP for publication on 06.18.14. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 1 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES AND A RESOLUTION Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday,July 08, 2014,in the Board of County Commissioners Chamber,Third Floor,Collier County Government Center,3299 Tamiami Trail East, NAPLES DAILY NEWS Naples,Florida.The meeting will commence at 9:00 A.M. Published Daily The purpose of the hearing is to consider recommendations to the Board of County Commissioners to transmit adoption of Naples,FL 34110 a Small Scale Growth Management Plan amendment to the Department of Economic Opportunity(DEO),and to consider recommendations for companion Rezone and Conditional Use Land Use Petitions.The ORDINANCE&RESOLUTION titles are as follows: ORDINANCE NO.14- Affidavit of Public ati l NO. 9 05,AS AMEN ED,BOARD THE COLLI RUCOUNTY GROSWTH MANAGEMENT PLAN FOR T E UN INCORPORATED AREA OF COLLIER COUNTY,FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP State of Florida AND MAP SERIES,BY RECONFIGURING THE BOUNDARY AND INCREASING THE SIZE OF THE NORTHEAST QUADRANT OF MIXED USE ACTIVITY CENTER NO.7 BY 9.24 ACRES(RATTLESNAKE HAMMOCK ROAD AND COLLIER BOULEVARD). THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD(C.R.951),APPROXIMATELY 1,005 Counties of Collier and Lee FEET NORTH OF RATTLESNAKE HAMMOCK ROAD EXTENSION,IN SECTION 14,TOWNSHIP 50 SOUTH,RANGE 26 EAST, CONSISTING OF 9.24 ACRES;AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.the undersigned they serve as AND appeared Robin Calabrese who on o• ORDINANONERSO- � AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE Advertising Director of the Naples Da NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE p COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY newspaper published at Naples, in CC AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE l� Y HEREIN DESCRIBED REAL PROPERTY FROM COMMERCIAL INTERMEDIATE (C-3)AND HEAVY COMMERCIAL (C-5) distributed in Collier and Lee counti a 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 attached copy of the advertising,bein 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] AND RESOLUTION NO.14- PUBLIC NOTICE A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW AIR-CONDITIONED INDOOR SELF STORAGE(SIC CODE 4225) WITHIN A GENERAL COMMERCIAL(C-4)ZONING DISTRICT PURSUANT TO SECTION 2.03.03.D.1.C.21 OF THE COLLIER • COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD(C.R.951) in the matter of PUBLIC NOTICE NORTH OF RATTLESNAKE-HAMMOCK ROAD(C.R.864)IN SECTION 14,TOWNSHIP 50 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA.[CU-PL20130002241] was published in said newspaper 1 ti on June 18, 01 A.rt LASIP CONSERVATION AREA . G 1`-t HACIENDA LAKES N J 1 (DRI) FIRST 13 . —m ASSEMBLY NAPLES LAKES U W MINISTRIES 14 Affiant further says that the said N2 PROJECT COUNTRY CLUB LORD'S WAr published at Naples, in said Collier C 15 ° 30 ACRE LOCATION C AT I O N 0 newspaper has heretofore been conti (C.R. �R" RATTLESNAKE Hr�MAr��cK McMULLEN County,Florida; distributed in Collie HAMMOCK ROAD_ DMMERCE� SIERRA each day and has been entered as secc MEADOWS -}- COWER HACIENDA LAKES office in Naples, in said Collier Couni CENTER (DRI) COLLEGEWOOD CENTER COLLEGE EDISON year next preceding the first publicati PARK VILLAGE 231 22 advertisement; and affiant further say ROCKEOGE — LELY, A RESORT COMMUNITY H I p romised an y p erson, firm or corpora (DRI) HACIENDA LAKES commission or refund for the purpose SABAL PALM ROAD r (DRI) publication in th aid newspaper. All interested parties are invited to appear and be heard. Copies of the proposed Ordinances and Resolution will be made available for inspection at the Planning&Zoning Department,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples, FL.,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Government Center,East Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Planning&Zoning Department,Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to Tuesday,July (Signature of affiant) 08,2014,will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any n matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. SW to and su e be before me If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, Td at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department, T 1 23 day of J e 2 1 located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. (...4./cli BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: Martha Vergara,Deputy Clerk TOM HENNING,CHAIRMAN (SEAL) (Signature of notary public) No.231130884 June 18,2014 CAROLPO ( , X46„ MY COMMISSION#EE 8 2014 I" ,, EXPIRES:November 28, ,1 r ��es. Bonded Thru pow Insurance Age Y ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO B THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 7 / zi /(1.1 44 4. BCC Office Board of County T Commissioners \j- f%/ —A1k Atc\ 5. Minutes and Records Clerk of Court's Office ,111114 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Nancy Gundlach Phone Number (239)252-2484 Contact/ Department Agenda Date Item was July 8,2014 Agenda Item Number 17 B. Approved by the BCC Type of Document Ordinance oa L�(( Number of Original 1 Attached I"l'��� Documents Attached PO number or account ,-.: a,• •1..1/•• •• number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N.G. 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed N.G. by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N.G. document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's N.G. signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N.G. should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on July 8,2014 (date)and all changes made PIS during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the ( ' Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 17B MEMORANDUM Date: July 14, 2014 To: Nancy Gundlach, Principal Planner Comprehensive Planning GMD From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Ordinance 2014-28: Petition #RZ-PL20130001652 - Amerisite Attached for your records is a copy of the document referenced above, (Item #17B) adopted by the Board of County Commissioners on Tuesday, July 8, 2014. The Minutes and Record's Department will hold the original in the Board's Official Records. If you have any questions, please call me at 252-8411. Thank you 17B MEMORANDUM Date: July 14, 2014 To: Ernie Kerskie, Director Office of the Property Appraiser From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinances 2014-28 Attached for your records is a copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, July 8, 2014. If you have any questions, please contact me at 252-8411. Thank you. Attachment Teresa L. Cannon 17B To: countyordinances @dos.myflorida.com Subject: CLL Ordinance 2014-028 Attachments: CLL20140708_Ordinance2014_028.pdf SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT BOARD MINUTES&RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER (CLL) ORDINANCE NUMBER: 2014-028 Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @col I ierclerk.com 1 176 ORDINANCE NO. 14- ?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 CS) 17B 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 Commissioners of Collier County, Florida, this -6— day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E,BR,OC:K CLERK COLLIER COUNTY, FLORIDA B. . Attes01l' TOM NN 1G hairman sir.,^;fire only... App ved as to form and legality: (.0 (4 Oki 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 ,{efary of St tels Off ce and acknowledgement that filing r ceiveds ay of c 1 . , By .,,iLw..,., owuty t Amerisite/RZ-PL20130001652 2 of 2 Rev. 6/19/14 17B Exhibit A LEGAL DESCRIPTION A PORTION OF THE SOUTHWEST 1/4 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. 9 17B 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 17B 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 6/19/14 178 127. 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. Ill. 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 10 178 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 q 17B 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 (-10 ,fir:"sr,r PB--4s, ,, sus Y�'% -,,,; ,,, „,,,„;,, ,„,..,,:„.,,' , , 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.11.us