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Ordinance 2023-07 ORDINANCE NO. 2023- 0 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 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 GENERAL COMMERCIAL ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED-USE DISTRICT OVERLAY-RECEIVING LANDS (C-4-RFMUD- RECEIVING) AND RURAL AGRICULTURAL ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED-USE DISTRICT OVERLAY- RECEIVING LANDS (A-RFMUD-RECEIVING) TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO BE KNOWN AS BASIK DRIVE STORAGE CPUD TO ALLOW 120,000 SQUARE FEET OF INDOOR STORAGE (UP TO 1,000 UNITS) AND 50,000 SQUARE FEET OF OFFICE/COMMERCIAL SPACE AND UP TO 350 OUTDOOR STORAGE SPACES ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF TAMIAMI TRAIL EAST AND BASIK DRIVE, WEST OF TRINITY PLACE IN SECTIONS 17 AND 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 13.8% ACRES; PROVIDING FOR REPEAL OF RESOLUTION NO. 07-332, A PARKING EXEMPTION AND RESOLUTION NO. 18-25, A CONDITIONAL USE FOR ENCLOSED MINI SELF-STORAGE WAREHOUSING AND PARTIAL REPEAL OF ORDINANCE NO. 88-61, AS TO THE PROPERTY DESCRIBED IN THIS ORDINANCE; AND BY PROVIDING AN EFFECTIVE DATE. (PL20210000046) WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A., representing GSI Naples 220 Basik Drive, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. [22-CPS-02184/1767070/11139 1 of 3 Basik Storage/PL20210000046 01/26/23 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Sections 17 and 18, Township 51 South, Range 27 East, Collier County, Florida is changed from a General Commercial Zoning District within the Rural Fringe Mixed-Use District Overlay-Receiving Lands (C-4-RFMUO-Receiving) and Rural Agricultural Zoning District within the Rural Fringe Mixed-Use District Overlay-Receiving Lands (A-RFMUD-Receiving) to a Commercial Planned Unit Development (CPUD) for a 13.87± acre parcel to be known as Basik Drive Storage 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 No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Repeal of Resolutions and Partial Repeal of Ordinance. Resolution No. 07-332, a parking exemption and Resolution No. 18-25, a conditional use for enclosed mini self-storage warehousing are hereby repealed in their entirety. Ordinance No. 88-61, is hereby partially repealed as to the property described in this Ordinance. SECTION THREE: Effective Date. 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. 2023-06 becomes effective. [22-CPS-02184/1767070/1]139 2 of 3 Basik Storage/PL20210000046 01/26/23 PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 24th day of January, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL_, CLERK COLLIER COUNTY, FLORIDA � Y / • By: By: AU •s to worms Deputy Clerk Rick LoCastro, Chairman sianafiirp only. Approved as to form and legality: H idi As ton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—Deviations Exhibit F—List of Developer Commitments This ordinance filed with the Secretory of State's Office.the "5c} day of and acknawiedge.•ne t of that f�fin received this day By a« [22-CPS-02184/1767070/1]139 3 of 3 Basik Storage/PL20210000046 01/26/23 EXHIBIT A 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 (GMD), 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. PERMITTED USES: A maximum of 50,000 square feet of general commercial and office floor area, and up to 120,000 square feet of mini- and self storage warehousing (1,000 indoor storage units) and up to 350 outdoor storage spaces shall be permitted within the CPUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: Tract A: 1. All C-4, general commercial permitted uses; and 2. General warehousing and storage (4225, air conditioned and mini- and self- storage warehousing only). For Tract A only, any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. Tract B: 1. Outdoor storage yards, provided the outdoor storage is completely enclosed except for necessary ingress and egress with an opaque concrete wall at a minimum height of 7 feet along all public rights of ways and the landscape buffer is installed on the public side of the concrete wall. a. Outdoor storage shall be limited to mobile and towable items such as automobiles, boats, RV's, trailers and similar personal recreational items; and b. No junkyards, wrecking yards, salvage yards nor any salvage or processing may occur on-site. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: (Basik Drive Storage CPUD PL20210000046) (December 6, 2022) Page 1 of 9 1. Covered and/or enclosed parking structures and parking lots (Tract B); and 2. Vehicle wash station, accessory to vehicle storage (Tract B); and 3. Outside display of merchandise when expressly allowed for a permitted use on Tract A only, subject to section 4.02.12. Otherwise, it is prohibited. For Tract A only, any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. (Basik Drive Storage CPUD PL20210000046) (December 6, 2022) Page 2 of 9 EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in these development standard tables. 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. TABLE I DEVELOPMENT STANDARDS PRINCIPAL USES—TRACT A PRINCIPAL USES—TRACT B ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH 100 Ft. N/A MINIMUM YARDS(External) From Tamiami Trail East ROW 25 FEET 50 FEET 25 FEET From Northern PUD Boundary 30 FEET 15 FEET 15 FEET From Western PUD Boundary 25 FEET N/A 25 FEET From Eastern PUD Boundary 25 FEET 30 FEET 25 FEET MINIMUM YARDS(Internal) Internal Drives/ROW 10 FEET 0 FEET 0 FEET Rear 10 FEET N/A 10 FEET Side 10 FEET N/A 10 FEET MINIMUM DISTANCE BETWEEN 20 Ft. or 1/2 sum of building 10 FEET 10 FEET STRUCTURES heights * MAXIMUM HEIGHT Retail Buildings: zoned/actual 45/50 FEET 25 FEET Office Buildings: zoned/actual 45/50 FEET 25 FEET Outdoor Storage: zoned/actual 20/25 FEET** 20 FEET MAXIMUM FLOOR AREA N/A INDOOR SELF STORAGE 120,000 SQUARE FEET (1,000 units) COMMERCIAL/OFFICE 50,000 SQUARE FEET OUTDOOR STORAGE 350 STORAGE SPACES * Whichever is greater ** roofed covered or enclosed storage structures similar to carports or garages will not exceed a zoned height of 20 feet. (Basik Drive Storage CPUD PL20210000046) (December 6, 2022) Page 3 of 9 K D D < d c N C N rrn T. m Z CO 0 COxj D m m O n�, Z Z " y -6 D D p� 1 co � 8 ri H / � - W 0 O0m oCD �m Nm c, rK rn � D Z i p O c 71 � -- mm � prn Arno � � gym O � cn � Hm � „ �� so /0m Lm -0 m C) -I mom / � 1 OK - z � acom m 1- - -IO cn > � n, m -� mo z o-- � m < O < m / m z m z O 0 m O D -0 r z m -C-1) 1:1 57 0 5J1 / ,-d yr0' ' i.,- m-- g Li:n i— › r- > liiir Iraim..* %.1 m F7, i..E• le m > 0 › 0 k•, .4 0 *1.1..."4 WOD / yi4i,3 :4.:,7 Co M * > c2 >y'l ' s. 4441/mz mnn 41 � x �♦. .; 4 C - � H m •. .�� Xwc � � �� 'o cryc 1Yy ♦ W�m ,i m/� m o ZK m -< m - 'C c # __‘- __ _ 4* ti Or'ilb .'- --I 4 §o Dpm m _ j- mm -1:----fr- • Z C v / o S J ?JV 43 00 _ g /� r m"/ m = Z < cN C2 m m / ' \ - n5 CO 00 , , �> n D -1 m � o 3 gA = \ \\ N PH 4, � X s y __' / 2��0 `�� ,`\\\ \ \\ ' \\ \\\\ m ali N0 4 \/" / // \ l\ W � < o ° N to 114 4*11: IL _ T1 * 0 mH a) 0) X 0 mm ldAiNI JNC ZrN m o - p Z uZ ok� H m Z � o u5 mz� D � o O � D D m b cNWT Z 1- mX Co o � mm mZm nm °° � K . O-n � G cme o m M O E D p m m 1-28 Om m x o -CO m Z m o >fz ti ; 0 W N 0 G:\PLANING\PROJ - PLANNING\MCGBS MADISON CAPITAL CROUP BASIK STORAGE\DRAWINGS\EXHIBR C MASTER PLAN-R4CCPC.DWG 12/2/2022 8:08 AM SITE SUMMARY TOTAL SITE AREA: 13.87± ACRES TRACT A: 4.4± ACRES TRACT B: 9.47± ACRES TRACT A: COMMERCIAL/OFFICE: MAXIMUM 50,000 S.F. INDOOR STORAGE: MAXIMUM 120,000 S.F. (1,000 STORAGE UNITS) TRACT B: OUTDOOR STORAGE: MAXIMUM 350 SPACES OPEN SPACE: REQUIRED: 30% PROVIDED: 30% PRESERVE: REQUIRED: 0 ACRES (NO NATIVE VEGETATION EXISTS ON-SITE) PROVIDED: 0 ACRES DEVIATIONS: 1❑RELIEF FROM LDC SECTION 4.06.02.C.4, "TYPES OF BUFFERS" ,76 NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. BUFFERING/SCREENING MEETS OR EXCEEDS THE REQUIREMENTS FOR STORAGE E AREAS TO HAVE A CONCRETE WALL NOT LESS THAN SEVEN (7) FEET IN HEIGHT ABOVE GROUND LEVEL PER LDC 4.02.12 WHERE APPLICABLE. 3. BUFFERS SHALL NOT BE LOCATED WITHIN A COUNTY EASEMENT UNLESS OTHERWISE AUTHORIZED BY WRITTEN CONSENT OR AGREEMENT. NO REQUIRED BUFFERS ARE PERMITTED IN COUNTY RIGHT-OF-WAY. BASIK DRIVE STORAGE CPUD SCALE: © CODE GradyMinor Crnllr A,Ihur:,ud OM%rInlrn.i, P, JOB a911O,1n ri krN Bunllo SyrinF,FIoridn 31131 EXHIBIT C DATE: "6010'I Civil Engineers Land Surveyors • Planners MASTER PLAN NOTES FILE Landscape Architects e NAME: l:rrl. 1\iilh.f;R OUIIG I G I l;rrr.ail 111 h.I.I;0005151 f4xlnrnn I.1;:GIIIIU'fili (REVISED: 12/02/202 2) Ex Wert C N.STEF FlVrv—Fx0C Bonita Springs:239.947.1144 n o n.G,sdy 1/innr.rnm Fort\Icis:239.69U.43BU SHEET 2 OF 2 i EXHIBIT D LEGAL DESCRIPTION PARCEL 1: A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 18,TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S.41, COLLIER COUNTY, FLORIDA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT, SAID POINT BEING THE INTERSECTION OF THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST,COLLIER COUNTY, FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U.S.41, AND BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N.54°19'26"W. ALONG THE NORTH RIGHT-OF-WAY LINE OF U.S. 41 FOR A DISTANCE OF 451.53 FEET TO THE POINT OF CURVATURE OF A NON- TANGENT CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 360.31 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS N.18°06'59"E.AND A CHORD DISTANCE OF 217.41 FEET FOR AN ARC DISTANCE OF 220.85 FEET;THENCE N.00°33'23"E. 236.98 FEET;THENCE S.89°26'37"E.303.51 FEET TO THE EAST LINE OF THE AFOREMENTIONED SECTION 18,TOWNSHIP 51 SOUTH, RANGE 27 EAST,THENCE 5.00°32'17"W.ALONG SAID EAST SECTION LINE OF A DISTANCE OF 704.02 FEET TO THE POINT OF BEGINNING. TOGETHER WITH A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 41, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT, SAID POINT BEING THE INTERSECTION OF THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U.S.41; THENCE N.00°32'17"E., ALONG SAID EAST LINE OF SECTION 18, 704.02 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N.89°26'36"W., 303.51 FEET; THENCE N.00°33'23"E., 15.00 FEET; THENCE S.89°26'36"E.,303.51 FEET TO THE EAST LINE OF THE AFOREMENTIONED SECTION 18,TOWNSHIP 51 SOUTH, RANGE 27 EAST,THENCE S.00°32'17"W.ALONG SAID EAST SECTION LINE, 15.00 FEET TO THE POINT OF BEGINNING. BEARINGS BASED ON THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00°32'17"E. PARCEL 2: A PARCEL OF LAND LYING IN THE WEST 1/2 OF THE SOUTH 1/2 OF SECTION 17, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SOUTHWEST CORNER OF SAID SECTION 17, GO N.00°50'20"E. 1271.72 FEET TO A CONCRETE MONUMENT ON THE SOUTH RIGHT-OF-WAY OF HWY. 41. THENCE N.00°37'45"E. 245.48 FEET TO CONCRETE MONUMENT ON THE NORTH RIGHT-OF-WAY OF HWY. 41, BEING THE POINT OF BEGINNING, THENCE S.53°55'40"E. ALONG NORTH RIGHT-OF-WAY LINE 512.45 FEET TO POINT IN CENTER LINE PROPOSED ROAD,THENCE N.36°04'20"E. 402.6 FEET TO POINT IN CENTER LINE OF ROAD, THENCE N.00°36'32"E. 497.03 FEET TO POINT IN CENTER LINE OF ROAD, THENCE N.88°44'00"W. 657.56 FEET TO POINT, THENCE S.00°37'45"W. TO POINT OF BEGINNING. ALL THE ABOVE BEING IN SECTION 17,TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 30 FEET CONVEYED TO COLLIER COUNTY IN OFFICIAL RECORDS BOOK 801, PAGE 1079 FOR ROAD RIGHT- OF-WAY. BEARINGS ARE BASED ON THE NORTH RIGHT-OF-WAY LINE OF US 41 AS BEING S.53°55'40"E. 13.87 ACRES MORE OR LESS (Basik Drive Storage CPUD PL20210000046) (December 6, 2022) Page 6 of 9 EXHIBIT E LIST OF DEVIATIONS Deviation #1: Relief from LDC Section 4.06.02.C.4, "Types of buffers", which requires projects having a ROW greater than 99 feet in width to provide a 15' wide Type D buffer, to instead allow for the buffer to be less than the required width where the existing building and other impervious areas are located. The meandering buffer will be supplemented with the otherwise required buffer plant materials in those areas void of building and utility easements so there is no net loss of required buffer plantings. (Basik Drive Storage CPUD PL20210000046) (December 6, 2022) Page 7 of 9 EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS PURPOSE: The purposed of this Section is to set forth the development commitments for the development of this project. GENERAL: A. 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 GSI Naples 220 Basik Drive, LLC, 6805 Morrison Boulevard, Charlotte, NC 28211 or its assigns. 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. B. 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." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. TRANSPORTATION: A. The total daily trip generation for the PUD shall not exceed 219 two-way PM peak hour net 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. PLANNING: A. If the CPUD is under unified ownership, and as long as the CPUD is under unified ownership, parking requirements for permitted uses on Tract A may be satisfied on Tract A and Tract B. (Basik Drive Storage CPUD PL20210000046) (December 6, 2022) Page 8 of 9 B. The following commitments shall apply to Tract 'B' only. 1. Light poles shall be limited to a height of 20' and dark sky compliant (flat panel, full cutoff fixtures-backlight, up light and glare (BUG) rating where U=0) to avoid light trespass onto adjacent property. 2. Maintenance of vehicles or flushing of boat motors shall be prohibited between the hours of 9:00 p.m. and 8:00 a.m. daily. 3. Access to Trinity Place shall be gated and access will be limited to emergency vehicles only. 4. Overnight occupancy of mobile or towable items or structures is prohibited. (Basik Drive Storage CPUD PL20210000046) (December 6, 2022) Page 9 of 9 ;rrr ` r1 FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State January 31, 2023 Merline Forgue, BMR& VAB 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 Merline Forgue, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the Collier County Ordinance No. 2023-07, which was filed in this office on January 30, 2023. If you have any questions or need further assistance, please contact me at(850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Program Administrator Florida Administrative Code and Register ACO/rra R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270