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Ordinance 2020-014ORDINANCE NO. 20- 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 A COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS VANDERBILT BEACH COMMERCIAL TOURIST COMMERCIAL PLANNED UNIT DEVELOPMENT, TO ALLOW UP TO 17 HOTEL AND MOTEL UNITS AND 79000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON PROPERTY LOCATED ON THE NORTHEAST PORTION OF THE INTERSECTION OF GULF SHORE DRIVE AND SOUTH BAY DRIVE, APPROXIMATELY 400 FEET NORTH OF VANDERBILT BEACH ROAD, IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, CONSISTING OF .62± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL201800027931 WHEREAS, Dugan's Lighthouse Inn, LLC and Buzz's Lighthouse Properties, LLC, represented by Robert J. Mulhere, FAICP of Hole Montes, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., 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: [I 9-CPS-01 894/1525032/1195 VBCT/PL20180002793 2/25/20 Page I of 2 SECTION ONE: The zoning classification of the herein described real property located in Section 32, Township 48 South, Range 25 East, Collier County, Florida, is changed from a Commercial Intenriediate (0) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a .62+/- acre parcel to be known as Vanderbilt Beach Commercial Tourist Commercial Planned Unit Development, 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 and on the date that the Growth Management Plan Amendment in Ordinance No. 202-0 - 15 becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of JLA n e- � 2020. ATTE�T-:9'kl.�Po­'O'c CRYSTAL,K. J,-,N CLERK ZJ By- 4 "Ift *Ju Clerl� &A Appr as to orin and legality: H6idi Ashton-Cicko Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: —Z'Z4�1'44� �4:v� Burt L. Saunders, Chairman Attachments: Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C-1: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: Developer Commitments [I 9-CPS-0 1894/1525032/1195 VBCT/PL20180002793 2/25/20 Page 2 of 2 This ordiricnce fl're, viti.) the ry of Ir + O�M L day 0 and ac know I edoeime; filin eceiv d e doy of By Dep Ick N EXHIBIT A VANDERBILT BEACH COMMERCIAL TOURIST CPUD LIST OF PERMITTED USES Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the first Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. INTENSITY: The entire PUD is allowed up to 17 hotel and motel rooms and up to 7,000 square feet of permitted and conditional uses. PERMITTED USES: 1. Principal Uses A. Hotels and motels (SIC 7011, 7021 and 7041; hotels and motels only), not to exceed 17 units; B. All uses permitted by right in the Commercial Intermediate District (C-3), not to exceed 7,000 square feet; and, C. Any other principal and related use that is determined to be comparable and compatible to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the LDC. 2. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures pennitted by right in this CPUD, including, but not limited to: A. Docks, subject to LDC Section 5.03.06; B. One caretaker's residence accessory to hotel, subject to LDC Section 5.03.05; and, C. Signage in accordance with LDC Section 5.06.00. 3. Conditional Uses Subject to LDC Section 10.08.00 A. Amusements and recreation services, outdoor (SIC 7999 — boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only); B. Membership sports and recreational clubs indoor only (SIC 7997); C. Permitted food service (SIC 5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure; and Page I of 7 H:\20l8\20l8052\WP\PlJDZ\Post CCPC\Vanderbilt Beach Commercial Tourist CPUD (PL-20180002793) (2-24-2020).docx D. Permitted uses with less than 700 square feet gross floor area in the principal structure. Page 2 of 7 H:\2018\2018052\WP\PUDZ\Post CCPC\Vanderbilt Beach Commercial Tourist CPUD (PL-20180002793) (2-24-2020).docx EXHIBIT B VANDERBILT BEACH COMMERCIAL TOURIST CPUD DEVELOPMENTSTANDARDS DEVELOPMENTSTANDARDS The table below contains the development standards applicable to development within the Vanderbilt Beach Commercial Tourist 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 SDP or subdivision plat. 1. Minimum required yards, maximum building height, and other standards shall be as follows: TABLE 1: DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES ACCESSORY STRUCTURES MIN. LOT AREA 10,000 S.F. N/A MIN. LOT WIDTH 100FEET N/A MIN. FLOOR AREA' 500 s.f. for commercial structures N/A MINIMUM YARDS FROM GULF SHORE DRIVE 20FEET SPS FROM SOUTHBAY DRIVE 20FEET SPS MIN. SIDE YARD (NORTH AND EAST) 10FEET 5FEET MIN. WATERFRONT SETBACK 5 FEET OFEET MIN. DISTANCE BETWEEN STRUCTURES 10FEET 10FEET MAX. BUILDING HEIGHT NOT TO EXCEED (ZONED) 50FEET SPS MAX. BUILDING HEIGHT NOT TO EXCEED( CTUAL) 70FEET SPS Per principal structure, not applicable to individual hotel rooms. 11. Required perimeter landscape buffers shall be as follows: I North: A ten (10) foot wide Type B buffer enhanced with understory trees eight (8) feet in height at the time of planting, distributed between the required canopy trees at a spacing not to exceed 25 feet on center; 2. East: A ten (10) foot wide Type A buffer (except along the waterfront where no buffer is required); 3. West, adjacent to Gulf Shore Boulevard: A ten (10) foot wide Type D buffer; and 4. South: A seven (7) foot wide Type D buffer. Page 3 of 7 H:\20l8\20l8052\WP\PUDZ\Post CCPC\Vanderbilt Beach Commercial Tourist CPUD (PL-20180002793) (2-24-2020).docx . ........... wow w U)w x M LLJ W Z X > CO Z-Z Q 0 () 0 .1 yr Uj W ILL < 5' 0. 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D M CD < z x CO 0 U z < z z Y < U) MLU Z Cr < Cn 5 2 CL M 1- w Z �e w b V) W N - U l - LUMCL:D EO 0 O'C�: M v- z D Cr I MW Q) LLJ z CO �i Z, (0 — a 0 0 C) w In X W > UJ uj t UO l M D D 1- 00 ;1- L LO I in Er w b U) MIX z W W z > ------------- CO Zw W > _,Jam — ---------- -- GULF ZONING. CONDotiIINIUMS Se� HOI LAND U Page 4 of 7 H:\2018\2018052\WP\PUDZ\Post CCPC\Vanderbilt Beach Commercial Tourist CPUD (PL-20180002793) (2-24-2020).docx EXHIBIT D VANDERBILT BEACH COMMERCIAL TOURIST CPUD LEGAL DESCRIPTION LOTS 3, 4, 5, 6, 7, 8, 9 & 10, BLOCK "A", VANDERBILT BEACH CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Page 5 of 7 H:\2018\20l8052\WP\PUDZ\Post CCPC\Vanderbilt Beach Commercial Tourist CPUD (PL-20180002793) (2-24-2020).docx EXHIBIT E VANDERBILT BEACH COMMERCIAL TOURIST CPUD LIST OF DEVIATIONS FROM LDC Deviation I requests relief from LDC Section 4.05.021, which requires that all off-street parking facilities must be so arranged that no motor vehicle shall have to back onto any street, to allow the existing parking spaces along (and partially within) Southbay Drive to continue to back onto the right-of-way, In the event the site is redeveloped, the on -street parking along Southbay Drive shall be eliminated. Deviation 2 requests relief from LDC Section 4.06.02, Table 2.4, which requires a 15-foot-wide, Type B perimeter landscape buffer be provided to adjacent multi -family residential development to the north, to instead allow for a buffer width of 10 feet while still providing the required Type B buffer plantings and, as an enhancement, also requiring understory trees 8 feet in height at time of planting. Understory trees will be distributed between the required buffer canopy trees at a spacing not to exceed 25 feet on center, in order to maximize screening between these uses. Deviation 3 requests relief from LDC Section 4.06.02, Table 2.4, which requires 10-foot-wide, Type D perimeter landscape buffer be provided to adjacent right-of-way to the south, to allow a 7- foot-wide, Type D buffer. In the event the site is redeveloped, this deviation shall be eliminated and the LDC required buffer shall be provided. Deviation 4 requests relief from LDC Section 4.05.04, Table 17, which establishes the minimum number of parking spaces required for commercial uses, to allow for parking to be calculated at I space per 4 seats for restaurants and I space per guestroom for hotels. Deviation 5 requests relief from LDC Section 6.06.02.A. 1, which requires sidewalks and bike lanes to be constructed within public and private rights -of -way or easements adjacent to the site, to allow the required sidewalk to be located along the north side of the parking spaces, interior to the site, or as otherwise may be approved as part of a comprehensive pedestrian plan for Southbay Drive. Page 6 of 7 H:\20l8\2018052\WP\PlJDZ\Post CCPC\Vanderbilt Beach Commercial Tourist CPUD (PL-20180002793) (2-24-2020).docx EXHIBIT F VANDERBILT BEACH COMMERCIAL TOURIST CPUD DEVELOPMENT COMMITMENTS A. PUD Monitorin2 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 CPUD. At the time of this PUD approval, the Managing Entity is Dugan's Lighthouse Inn, LLC. 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, 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 CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the CPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Miscellaneous 1. 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. 2. All other applicable state or federal permits must be obtained before commencement of the development. C. Transportation 1. The maximum total daily trip generation for the PUD shall not exceed 57 two-way PM peak hour net external trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. Page 7 of 7 H:\20l8\20l8052\WP\PUDZ\Post CCPC\Vanderbilt Beach Commercial Tourist CPUD (PL-20180002793) (2-24-2020).docx AS. Ot, FLORIDA DEPART M . E N , T - ()f -9TAT-E RON DESANTIS Governor June 12, 2020 Ms. Ann P. Jermejohn, BMR Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Jennejohn: LAUREL M. LEE Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 20-14, which was filed in this office on June 12, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 9 500 South Bronough Street 9 Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270