Ordinance 2018-08 ORDINANCE NO. 2018- 0 R
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 INCLUDES 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 RURAL AGRICULTURAL
(A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW FOR
DEVELOPMENT OF UP TO 40,000 SQUARE FEET OF
COMMERCIAL DEVELOPMENT FOR A PROJECT TO BE KNOWN
AS 15501 OLD US 41 CPUD; AND PROVIDING AN EFFECTIVE
DATE. THE SUBJECT PROPERTY IS LOCATED ON THE WEST
SIDE OF OLD US 41, APPROXIMATELY ONE MILE NORTH OF
THE US 41 AND OLD US 41 INTERSECTION, IN SECTION 10,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA. [PL20170001083]
WHEREAS, Ultimate Developments, LLC and DCG&B, LLC, represented by Alexis
Crespo,AICP of Waldrop Engineering, 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 10,
Township 48 South, Range 25 East, Collier County, Florida, is changed from a Rural Agricultural
(A) Zoning District to a Commercial Use Planned Unit Development (CPUD) Zoning District to
allow for development of up to 40,000 square feet of commercial development to be known as 15501
Old US 41 CPUD, in accordance with Exhibits A through F attached hereto and incorporated by
reference herein. 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:
This Ordinance shall become effective upon filing with the Department of State.
[17-CPS-01688/1392924/1]97
15501 Old US 4I/PL20170001083
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C�'
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida,this 3-0^ day of Ma(✓611, 2018.
ATTEST: • la: 490 .par'. BOARD OF '• TY COM •NERS
DWIGHT. BROCKLERK COLLIE' 0 Y,FLO' ;$101.
_ q-
BYi..�. e /� By•• L ''
Attest as to Chairman F)ep ty 11 ANDY SOLIS,Chairman
signature only.
Approved as to form and le_; ity:
CL ` NN`- 4
Heidi Ashton-Cicko a
Managing Assistant County Attorney
Exhibit A: Permitted Uses
Exhibit B: Development Standards
Exhibit C: Master Plan
Exhibit D: Legal Description
Exhibit E: Requested Deviations from LDC
Exhibit F: Developer Commitments
This ordinance filed with the
Secretory of Stote's Office the
1(1iuy of ath.tiln , ?-..._.l2—
and acknowledgement of that
ficin. rec-wed this •' day
of U.-�6 l W
Deputy Clo 40000r
[17-CPS-01688/1392924/1]97
15501 Old US 41/PL20170001083
2/2/18 Page 2 of 2
EXHIBIT A
LIST OF PERMITTED USES
15501 OLD US 41 CPUD
Development of the 15501 Old US 41 Commercial Planned Unit Development
(CPUD) shall be in accordance with the contents of this Ordinance and applicable
sections of the Land Development Code (LDC) and Growth Management Plan
(GMP) in effect at the time of issuance of any development order, such as, but not
limited to, final subdivision plat, final site development plan, excavation permit, and
preliminary work authorization, to which such regulations relate. Where these
regulations fail to provide developmental standards, then the provisions of the most
similar district shall apply.
COMMERCIAL PERMITTED USES (PARCELS A AND B):
No building or structure, or part thereof, up to an aggregate 40,000 square feet of
gross floor area, shall be erected, altered or used, or land used, in whole or in part,
for other than the following:
A. Principal Uses and Structures:
1 . Accounting (8721 ).
2. Adjustment and collection services (7322).
3. Advertising agencies (7311).
4. Animal specialty services, except veterinary (0752, excluding outside
kenneling).
5. Apparel and accessory stores (5611-5699) with 5,000 square feet or
less of gross floor area in the principal structure.
6. Architectural services (8712).
7. Auditing (8721).
8. Auto and home supply stores (5531) with 5,000 square feet or less of
gross floor area in the principal structure [No onsite mechanics or
performance of auto services]
9. Banks, credit unions and trusts (6011-6099).
10. Barber shops (7241 , except for barber schools).
11 . Beauty shops (7231 , except for beauty schools).
12. Bookkeeping services (8721 ).
13. Business associations (8611).
14. Business consulting services (8748).
15. Business credit institutions (6153-6159).
16. Business services — miscellaneous (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
15501 Old US 41 Road CPUD
Last Revised: February 1,2018
Page 1 of 12
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, window trimming, and yacht brokers).
17. Catalog and Mail Order Houses (Retail Miscellaneous, Group 5961) -
limited to 7,500 square feet and limited to Parcel B (no on-site sales).
18. Civic, social and fraternal associations (8641).
19. Commercial art and graphic design (7336).
20. Commercial photography (7335).
21 . Computer and computer software stores (5734) with 5,000 square
feet or less of gross floor area in the principal structure.
22. Computer programming, data processing and other services
(7371-7379).
23. Credit reporting services (7323).
24. Direct mail advertising services (7331).
25. Drug stores (5912).
26. Eating places (5812 only) with 6,000 square feet or less in gross floor
area in the principal structure. All establishments engaged in the
retail sale of alcoholic beverages for on-premise consumption are
subject to locational requirements of section LDC 5.05.01 . Subject to
Condition 4.A. AND B.
27. Engineering services (8711).
28. Essential services, subject to LDC section 2.01 .03.
29. Federal and federally-sponsored credit agencies (61 1 1).
30. Food stores (groups 5411-5499) with 5,000 square feet or less of
gross floor area in the principal structure.
31 . Funeral services (7261 , except crematories).
32. Garment pressing, and agents for laundries and drycleaners (7212).
33. General merchandise stores (5331-5399) with 5,000 square feet or
less of gross floor area in the principal structure.
34. Glass stores (5231) with 5,000 square feet or less of gross floor area in
the principal structure.
35. 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. § 429 and ch. 58A-5 F.A.C.; and continuing
care retirement communities pursuant to F.S. § 651 ; all subject to
LDC section 5.05.04.
36. Hardware stores (5251) with 1,800 square feet or less of gross floor
area in the principal structure.
37. Health services, offices and clinics (8011-8049) excluding 8093 -
outpatient rehab.
38. Home furniture and furnishings stores (5712-5719) with 5,000 square
feet or less of gross floor area in the principal structure.
39. Home health care services (8082).
40. Household appliance stores (5722) with 5,000 square feet or less of
gross floor area in the principal structure.
15501 Old US 41 Road CPUD
Last Revised: February 1,2018
Page 2 of 12
41 . Insurance carriers, agents and brokers (6311-6399, 6411).
42. Labor unions (8631).
43. Landscape architects, consulting and planning (0781).
44. Laundries and drycleaning, coin operated - self-service (7215).
45. Legal services (81 1 1).
46. Libraries (8231).
47. Loan brokers (6163).
48. Management services (8741 and 8742).
49. Membership organizations, miscellaneous (8699).
50. Mortgage bankers and loan correspondents (6162).
51 . Museums and art galleries (8412).
52. Musical instrument stores (5736) with 5,000 square feet or less of gross
floor area in the principal structure.
53. Paint stores (5231) with 5,000 square feet or less of gross floor area in
the principal structure.
54. Personal credit institutions (6141).
55. Personal services, miscellaneous (7299 - babysitting bureaus,
clothing rental, costume rental, dating service, debt counseling,
depilatory salons, diet workshops, dress suit rental, electrolysis,
genealogical investigation service, and hair removal only) with 5,000
square feet or less of gross floor area in the principal structure.
56. Personnel supply services (7361 and 7363) except for labor pools and
employee leasing
57. Photocopying and duplicating services (7334).
58. Photofinishing laboratories (7384).
59. Photographic studios, portrait (7221 ).
60. Physical fitness facilities (7991 ; 7911, except discotheques).
61 . Political organizations (8651 ).
62. Professional membership organizations (8621).
63. Public administration (groups 9111-9199, 9229, 9311, 9411-9451 ,
9511-9532, 9611-9661).
64. Public relations services (8743).
65. Radio, television and consumer electronics stores (5731) with 5,000
square feet or less of gross floor area in the principal structure.
66. Radio, television and publishers advertising representatives (7313).
67. Real Estate (6531-6552).
68. Repair services - miscellaneous (7629-7631, 7699 - bicycle repair,
binocular repair, camera repair, key duplicating, lawnmower repair,
leather goods repair, locksmith shop, picture framing, and
pocketbook repair only).
69. Retail nurseries, lawn and garden supply stores (5261) with 5,000
square feet or less of gross floor area in the principal structure.
70. Retail services - miscellaneous (5921-5963 except pawnshops and
building materials, 5992-5999 except auction rooms, awning shops,
gravestones, hot tubs, monuments, swimming pools, tombstones
and whirlpool baths) with 5,000 square feet or less of gross floor area
in the principal structure.
71 . Secretarial and court reporting services (7338).
15501 Old US 41 Road CPUD
Last Revised: February 1, 2018
Page 3 of 12
72. Security and commodity brokers, dealer, exchanges and services
(6211-6289).
73. Shoe repair shops and shoeshine parlors (7251).
74. Social services, individual and family (8322 activity centers, elderly or
handicapped only; day care centers, adult and handicapped
only).
75. Surveying services (8713).
76. Tax return preparation services (7291).
77. Travel agencies (4724, no other transportation services).
78. United State Postal Service (4311, except major distribution center).
79. Veterinary services (0742, excluding outdoor kenneling).
80. Videotape rental (7841) with 5,000 square feet or less of gross floor
area in the principal structure.
81 . Wallpaper stores (5231) with 5,000 square feet or less of gross floor
area in the principal structure.
Any other principal and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the
process outlined in the LDC.
B. Accessory Uses:
Accessory uses customarily associated with Permitted Principal Uses
including but not limited to:
1 . Customary accessory uses and structures
2. Caretaker's residence, subject to LDC Section 5.03.05, limited to one (1)
dwelling unit
3. Essential services, including interim and permanent utility and maintenance
facilities
4. Water management facilities
Any other accessory use and related use that is determined to be comparable
to the foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant
to the process outlined in the LDC.
C. Prohibited Uses
The following uses are prohibited within the CPUD:
1 . Tattoo/piercing parlors (7299)
2. Sexually oriented businesses as defined in Ordinance No. 91-83, as it may be
amended from time to time.
3. Pawn shops (5932)
4. Automobile Parking, automobile parking garages and parking structures
(7521)
5. Automotive services (7549)
6. Child day care services (8351)
15501 Old US 41 Road CPUD
Last Revised: February 1,2018
Page 4 of 12
7. Churches
8. Drycleaning plants (7216)
9. Educational plants and public schools subject to LDC section 5.05.14
10. Gasoline service stations (5541)
11 . Laundries, family and commercial (721 1)
12. Marinas (4493)
13. Record and prerecorded tape stores (5735)
14. Religious organizations (8661)
PRESERVE PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or uses, or land
used, in whole or in part, for other than the following:
A. Principal Use:
1 . Preserve
B. Accessory Uses:
1 . Uses subject to LDC section Allowable Uses within County required preserves
15501 Old US 41 Road CPUD
Last Revised: February 1,2018
Page 5 of 12
EXHIBIT B
DEVELOPMENT STANDARDS
15501 OLD US 41 CPUD
Development of the 15501 Old US 41 Road CPUD shall be in accordance with the
contents of this Ordinance and applicable sections of the LDC and Growth
Management Plan (GMP) in effect at the time of issuance of any development
order, such as, but not limited to, final subdivision plat, final site development plan,
excavation permit, and preliminary work authorization, to which such regulations
relate. Where these regulations fail to provide developmental standards, then the
provisions of the most similar district shall apply.
Table I below sets forth the development standards for land uses within the 15501
Old US 41 Road CPUD. 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 Site Development Plan (SDP).
TABLE I
COMMERCIAL DEVELOPMENT STANDARDS(1)
PERMITTED USES AND PRINCIPAL USES ACCESSORY USES
STANDARDS
Min. Lot Area 10,000 SF N/A
Min. Lot Width 75' N/A
Min. Lot Depth 100' N/A
PUD BOUNDARY SETBACKS (EXTERNAL)
Old U.S. 41 25' SPS
•
North Boundary 25' SPS
South Boundary 20' SPS
SETBACKS (INTERNAL)
Front/Internal 10' 10'
Drives(2)
Side 10' SPS
Rear 10' SPS
FPL Easement 0' SPS
Canal 20' SPS
Preserve 25' SPS
Min. Distance
Between Principal 1/2 Building Height 10'
Structures
MAXIMUM HEIGHT
Actual 45' 45'
Zoned 35' 35'
SPS = Same as Principal Structure
(1 ) All distances are in feet unless otherwise noted.
(2) Front setback is measured from back of curb for private roads and accessways
only.
15501 Old US 41 Road CPUD
Last Revised: February 1,2018
Page 6 of 12
B:\Projects\669-01 15501 Old US 41\Drawings-Exhibits\669-01-01 CPUD Master Plan\Current Plans\669010102.dwg
FUTURE LAND USE:URBAN RESIDENTIAL SUBDISTRICT
ZONING:PUD(STERLING OAKS)
EXISTING LAND USE:PRESERVE
NO BUFFER REQUIRED
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PLAN REVISIONS
q i 0 08/04/17 REVISED PER COUNTY COMMENTS 15 501 OLD US 41 ROAD CPUD / WALDROP
GINEERING
RI '_.0 10/27/17 REVISED PER COUNTY COMMENTS CLIENT:FRANK NORBERTO&DGC&B,LLC
S 0 I\ 02/01/18 REVISED PER COUNTY COMMENTS CPDD MASTER PLAN ---=----- ---
B:\Projects\669-01 15501 Old US 41\Drawings-Exhibits\669-01-01 CPUD Master Plan\Current Plans\669010102.dwg
GENERAL NOTES 'NREQUIRED PRESERVE
1. COMMERCIAL INTENSITY MAY NOT EXCEED 40,000 SF. TOTAL REQUIRED 0.117 AC
(1.17±AC NATIVE VEGETATION X 10%)
2. 0.117±ACRES OF REQUIRED PRESERVE TO BE PROVIDED ON-SITE TOTAL PROVIDED 1.17 AC
WITHIN OPEN PRESERVE AREAS.THE MINIMUM PRESERVE (1.17±AC NATIVE VEGETATION X 10%)
REQUIREMENT OF 0.117 ACRES IS BEING MET AND 1.17 ACRES IS
` BEING PROVIDED ON-SITE WITHIN PRESERVE AREAS. \.... i
LAND USE SUMMARY 1
PARCEL"A" PARCEL"B" TOTAL
PRESERVE 0.79 AC 0.38 AC 1.17 AC
FPL EASEMENT 0.55 AC 0.18 AC 0.73 AC
WATER MANAGEMENT 0.24 AC 0.05 AC _ 0.29 AC
COMMERCIAL 2.12 AC 0.54 AC 2.66 AC
TOTAL 3.70 AC 1.15 AC 4.85 AC
OPEN SPACE SUMMARY
TOTAL REQUIRED(4.85 x 30%) 1.45 AC
TOTAL PROVIDED 2.55 AC
WATER MANAGEMENT 0.29 AC
•
BUFFERS AND OTHER OPEN SPACE/PRESERVE 2.26 AC
PLAN REVISIONS —
a Q 08/04/17 REVISED PER COUNTY COMMENTS 15501 OLD US 41 ROAD CPUD WALDROP
2 I Aii ENGINEERING
A '0 10/27/17 REVISED PER COUNTY COMMENTS CLIENT:FRANK NORBERTO&DGC&B,LLC
3 LL 02/01/18 REVISED PER COUNTY COMMENTS CPUD MASTER PLAN NOTES '— °
EXHIBIT D
LEGAL DESCRIPTION
15501 OLD US 41 CPUD
That portion of the South 30 feet of the North Half (N1/2) of the North Half (N1/2) of
the Southwest Quarter (SW1/4) of the Northeast Quarter (NE1/4) and the North 230
feet of the South Half (S1/2) of the North Half (N1/2) of the Southwest Quarter
(SW1/4) of the Northeast Quarter (NE1/4) all in Section 10, Township 48 South, Range
25 East, as lies West of U.S. Highway 41, Public Records of Collier County, Florida
(Property I.D. Number: 00143160001 ). Together with the South 100 feet of the South
one-half (S1/2) of the North one-half (N1/2) of the Southwest Quarter (SW1/4), of the
Northeast Quarter (NE1/4) of Section 10, Township 48 South, Range 25 East, Collier
County, Florida.
15501 Old US 41 Road CPUD
Last Revised: February 1,2018
Page 9 of 12
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
15501 OLD US 41 ROAD CPUD
No deviations are being requested.
15501 Old US 41 Road CPUD
Last Revised: February 1,2018
Page 10 of 12
EXHIBIT F
DEVELOPMENT COMMITMENTS
15501 OLD US 41 ROAD CPUD
1. PUD MONITORING
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 Frank Norberto. 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 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.
2. TRANSPORTATION
A. The development shall be limited to a maximum of 216 two-way
unadjusted PM Peak Hour Trips at project buildout. Due to current
capacity issues on the Old 41 roadway link where the project connects,
the project will be limited to 116 two-way undadjusted PM Peak Hour Trips,
until the Old 41 roadway link capacity issue is addressed and deemed
concurrent to permit the project buildout.
B. SDP approval shall determine the uses to be constructed upon which fair
share proportional payments shall be determined.
C. Compensating right-of-way shall be provided at the time of SDP-Plat for
the required turn lanes, as applicable.
D. The development shall provide internal sidewalk and crosswalk
connections, and bicycle facilities.
3. ENVIRONMENTAL
A. The subject site contains approximately 1 .17 acres of native vegetation, of
which 10% (0.117 acres) is required to be preserved.
15501 Old US 41 Road CPUD
Last Revised: February 1,2018
Page 11 of 12
B. Where Parcel A is developed prior to Parcel B, or vice versa, the SDP plans
must demonstrate preserve in the location shown on the CPUD master
plan for the respective parcel, and not the overall CPUD. The acreage
shown on the SDP plans must meet or exceed the minimum preserve
requirement for the entire CPUD.
4. PLANNING
A. Amplified outdoor sound associated with the food store and eating
places is limited to 9 a.m. to 9 p.m. daily. Amplified outdoor sound is
prohibited for all other commercial uses/buildings.
B. Eating places located on Parcel A must be setback a minimum of 100
feet from the northern property line.
5. MISCELLANEOUS
A. 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.
B. All other applicable state or federal permits must be obtained before
commencement of the development.
15501 Old US 41 Road CPUD
Last Revised: February 1,2018
Page 12 of 12
/ THE -%
440,
FLORIDA DEPARTMENT 0 STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
March 19, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Martha Vergara
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. 2018-08, which was filed in this office on March 19,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us