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Ordinance 2019-05 ORDINANCE NO. 19 -05 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 97-3, WHICH REZONED THE SUBJECT PROPERTY TO A HEAVY COMMERCIAL (C-5) ZONING DISTRICT WITH CONDITIONS,IN ORDER TO ADD AIR-CONDITIONED, INDOOR, MINI, SELF-STORAGE AS A PERMITTED USE, AND TO INCREASE THE MAXIMUM BUILDING HEIGHT FOR THAT USE ONLY, FROM THE PRESENTLY ALLOWED MAXIMUM HEIGHT OF 28 FEET TO A ZONED HEIGHT OF 35 FEET AND AN ACTUAL HEIGHT OF 38 FEET. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF U.S. 41 EAST, APPROXIMATELY 1,000 FEET EAST OF COLLIER BOULEVARD, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2.17± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20180000125] WHEREAS, on January 14, 1997, The Board of County Commissioners approved Ordinance No. 97-3, which rezoned the described real property to a Heavy Commercial (C-5) zoning classification with conditions; and WHEREAS, ROOK AT NAPLES II, LLC, represented by Felix Pardo of Felix Pardo & Associates, Inc., has petitioned the Board of County Commissioners to amend Ordinance No. 97- 3, in order to add an additional permitted use of air-conditioned, indoor, mini, self-storage, to increase the maximum height for that use from 28 feet to a zoned height of 35 feet and an actual height of 38 feet, and add additional conditions relating to the self-storage use. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO ORDINANCE NO. 97-3. The conditions enumerated as 1 through 10 in Section One of Ordinance No. 97-3, are hereby amended as shown in Exhibit"A,"attached hereto and incorporated herein by reference. [18-CPS-01763/1470140/11188 StorAll Building Page 1 of 2 PUDZ-PL20180000125 4/10/19 SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 9 day of ,r 1 ; .=t , 2019. ATTEST':;.. ••..., t_„ BOARD OF COUNTY COMMISSIONERS CRYSTAL KINZELsCLERK COLLIER CO)A11116 LORIDA 61 By: �.. � By: A t0 ChAirmg ' De u ' lerk Attest as , p Y Wil.m L. McDaniel,Jr. 6a113tUre 01114 Chairman Approyed as to form and legality: Le,,‘,c14 A Lb C .Scott A. Stone "' Assistant County Attorney Attachment: Exhibit A - Conditions of approval Exhibit B - Area of rezone Exhibit C - Area of wall commitments This ordinance filed with the Secretory of State's Office ty,c 15*►day of -4'i 1 2a11_ and acknowledgement+ of that._.1 filin• received is day of 14 / Y 11 • r�. ..w.ta +•� Dip k [18-CPS-01763/1470140/11188 StorAll Building Page 2 of 2 PUDZ-PL20180000125 4/10/19 Exhibit A—Conditions of Approval 1. The following uses are hereby authorized: a. Unless otherwise provided, all permitted uses in the C-4 general commercial district. b. Building Materials, Hardware, Garden Center(Groups 5211-5261):, except not permitted on the property described in Exhibit B. c. Building Construction — General Construction and Operative Builders (Groups 1521- 1542)7, except not permitted on the property described in Exhibit B. d. Construction —Special Trade Contractors (Groups 1711, 1793, 1796, 1799).-, except not permitted on the property described in Exhibit B. e. Air-conditioned, indoor, mini, self-storage only, on the property described in Exhibit B only. 2. A precast masonry decorative fence six(6) feet high shall be constructed along the property line contiguous to the Woodfield Lakes PUD. 3. No building or buildings materials storage may occur within sixty (60) feet of the contiguous lot line within Woodfield Lakes PUD. 4. No building or structure shall exceed a height of twenty-eight (28) feet, except the maximum zoned height shall be thirty-five(35)feet and the maximum actual height shall be thirty-eight(38) feet for the air-conditioned, indoor, mini, self-storage use. 5. The wall of any building or structure adjacent to Woodfield Lakes shall be insulated to inhibit noise emissions to said property. 6. Arterial level street lighting shall be installed at the project entrance on U.S. 41 as part of the development of the first phase. 7. The site plan shall be consistent with the requirements of Ordinance 93-64 with respect to turn lanes, minimum throat distances and internal traffic circulation. 8. Substantial competent evidence of the project's ability to accept,detain and treat historic surface runoff from the roadway shall be presented at the time of an application for a Site Development Plan. 9. Any approval for this project shall not vest any right to a median opening, now or in the future, along any project roadway frontage. Access may be constrained to a right-in/ right-out only. 10. Subsequent approval of the Site Development Plan shall provide for cross or shared access with properties to the west of this property so that shared access is achieved, leading to Tamiami Trail. 11. The following standards apply only to the air-conditioned, indoor, mini, self-storage use on the property described in Exhibit B: a. The minimum setback from the northern property line shall be 135 feet. [18-CPS-01763/1470432/1]192 Words underlined are added;Words struck through are deleted. StorAll/PL20180000125 4/11/19 1 of 2 b. Hours of operation shall be from 8:00 am to 9:00 pm. c. Exterior lighting on the rear/north side of building shall be limited to full cut-off low level security lighting,shall be mounted to the building,and shall not exceed ten feet in height. d. All self-storage units shall be accessed from the interior of the building. e. The maximum self-storage unit size shall be 200 square feet. f. There shall be no parking on the rear/north side of the building. g. There shall be no functional windows on the rear/north side of the building. h. Loading areas and building access shall be oriented on the west side of the building, and centrally located. 12. The following standard applies only to the portion of the property zoned C-3, abutting the west boundary of the property described in Exhibit B,where air-conditioned, indoor, mini,self-storage only loading area, parking and other permitted accessory uses will be located: a. Light fixtures shall be limited to a maximum height of 15 feet. 13. The following requirements apply to the owner of the property described in Exhibit B: a. The owner shall install landscaping required by the LDC on both sides of the wall along the northern property line of Lots 1, 2 and 3 of the proposed Inland Village plat, as more specifically described in Exhibit C, prior to issuance of the first Certificate of Occupancy for any structures located on Lots 1, 2 and 3 of the proposed Inland Village plat. b. The owner shall paint and maintain good condition of both sides of the wall along the northern property line of Lots 1, 2 and 3 of the proposed Inland Village plat, as more specifically described in Exhibit C. 14. All other applicable state or federal permits must be obtained before commencement of the development. 15. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. [18-CPS-01763/1470432/1]192 Words underlined are added; Words struck through are deleted. StorAll/PL20180000125 4/11/19 2 of 2 ' iffiaN,- "OPi a 8¢' t, I k a . • r N a Z 7 I 0, i,,i I ! 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N 31111rinire."Wr"W . 0 ; 4. . < : - - -',' - ..„,„,,,..._.' !.,',ii' x 4k C., . : .., :::::, _ - :‘,-_.4iirtit, IPP f1,7.-'"70‘,vvirA,111.:41111-‘ 111:: 7 1/4.)CNI Lua'''- '' ''- ** * * 40 k, I— < W � ' 4ZaW 144W41, I— s M► m XaaII* k m '1. „....14j J JF �, r �a p� W 1 O ' . 0 d W ". k '4('''-": LI 1 „. ...i,.., . �` Zoo a < -,...J t i , - „_ K U W i J, .>d i . ...1_ ..:;„;„.,_, . - : --,.„-. -- --,1 '-------r ;'4--..-- ---- , 4 . ale 1 „ ,.. .....,4.--„. ,-. . _ r t -Z w EXHIBIT "B" Page 2 of 2 LEGAL DESCRIPTION A PORTION OF NORTH 1/2 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND MORE PARTICULARY DESCRIBED AS: COMMENCE AT THE EAST QUARTER CORNER OF SECTION 3, RUN WITH THE SECTION LINE SOUTH 00°41'31" WEST, A DISTANCE OF 612.57 FEET; THENCE NORTH 89°18'29" WEST, A DISTANCE OF 722.35 FEET TO THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF A COUNTY DRAINAGE CANAL WITH THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD #90 (TAMIAMI TRAIL); THENCE WITH SAID TRAIL RIGHT-OF-WAY LINE, NORTH 54°20'16" WEST, A DISTANCE OF 2,411.51 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 54°20'16" WEST, A DISTANCE OF 236.00 FEET; THENCE NORTH 35°39'44" EAST, A DISTANCE OF 400.00 FEET; THENCE SOUTH 54°20'16" EAST, A DISTANCE OF 236.00 FEET; THENCE SOUTH 35°39'44" WEST, A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING. 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( cncUn2z >7 �� ZYWOW I � _ E > owa a I .mss-.` I w �' O , • n I l Y/V oc 1i ' n • , .4 � z 1={ I a ,Si--- ,, ii w 0 •',1 I 1 ey, o I ;)f' w;i �•z o 1 d ;`•*AIL A9co I I0 1— W �r� H 4 F, I ce Thi I 1 1 i 1 --- ill ICC ',1 w zt P If 1 14 4 4� 1 1- I f1 II I I- ;I 1 4 4 4 4 J J d 4 C V, L i WV 94:I l 610Z/8Z2 0M0'L01:0300£4400101191HX3-10300£44001S1181HX3\OV001f1V-00\5301A213S ONIPAI33NION3 39V2101S 313S 11V-2101S 00-4£400\30V21013 d13S IIV-21013'4£4\LIOZ ONVIVO N LL 0 _J N -J Q F- W LL EL J i LL W .....1 0 0) tn -JLLZ -.'IO = C0ZS 0 Q W rn Mw0 < F- Qw � Z J W UwJ W J �V) 0 Y FQ Q p Lc-,; O LL N g gg :30waEc wOcc HO W LWi 0 U O UQ0 JU � wZwCO QmLLOO m I- O W W z =W Q po— or J I w W O m w w z W ~O J ° ,O W D Lu mo = F V) W W U) wQ < W O oNOOJ W v' J 0 LL o_ o0WNQ >' mVQQ OWwW ~ILz0 - 1- IWoLU W W Z I z 0 a CC H Q O o 0 0 0o ce Q F- z_ F- 0 N U) U) 0 Q U) Q -z 0E5F- ZWQOQ _-w W () o UQZEU Li mWaQIZU) w W C.7 �Noo Z d HoLLLLM = I- ¢ Z W Q Z_ DO�V f. O W Wcc QOO W .0 � 0 z � OQIn ul Ill Nw LL ZUQZMUDV) L-13El W QO�coZ W CC Q W z 0' W m Z O °PN Z 2E 0 O W d LL d u_ H Q O U >- .M rn w 0 � � � � vo � � � a_ Wz weLLv"Q uiXXz W o0°' OZLLIZW (NI Zo (oZu)Lu ZYWOQW J ce LU LU W K' QU) WDLLLU QQcnW WJ ; of "'I, f,,:4 N! l ,.,i,,pie.,�� l FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State April 15, 2019 Ms. Crystal K. Kinzel, Clerk Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Ms. Kinzel: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 19-05,which was filed in this office on April 15, 2019. 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.il.us