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Ordinance 2023-48 ORDINANCE NO. 2023- 4 8 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, 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 THE RURAL AGRICULTURAL (A) ZONING DISTRICT TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS LUTGERT AIRPORT ROAD CPUD, TO ALLOW UP TO 104,000 SQUARE FEET OF GROSS LEASABLE AREA OF INDOOR SELF-STORAGE INCLUDING AUTOMOBILE, RECREATIONAL VEHICLE AND BOAT STORAGE. THE PROPERTY IS LOCATED ON THE WEST SIDE OF• AIRPORT ROAD NORTH, APPROXIMATELY 320 FEET SOUTH OF ORANGE BLOSSOM DRIVE IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL20220000533) WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, Inc. and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester PA, representing Lutgert Medical Center, 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: The zoning classification of the herein described real property located in Section 2, Township 49 South, Range 25 East, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning [22-CPS-02288/1818506/1]159 Lutgert Medical/PL20220000533 9-28-23 1 of 2 District for a project known as the Lutgert Airport Road CPUD, in accordance with Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, 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. 2023-49 becomes effective. PASSED AND DULY ADOPTED by super-majority� vote of the Board of County Commissioners of Collier County, Florida, this Y day of OC_ h , 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS ,,K : CRYSTA ..I CLERK COLLIER COUNTY, FLORIDA 2.d--.7 .._ By: li �. 'b Tomas r h, By: / Attest as ;o Chairrn; n's:` flity `et Rick LoCastro, Chairman La.:., signature-Aniy'.' �' 9. fit's` -5!' Approved as to form and legality: a., , A (......, Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—List of Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—List of Deviations This ordincr1Ce ti `,d with the Exhibit F—List of Developer Commitments Secretary of ;tC;t 'sGthccr.�ii e� .! _ cloy oft r` 2--k'�'"� and ocknow;edcjcrnent of that filing received this 3r--4 day of tsits400-=ttr-21) -.--At,„*.. By ihrt Devuty Clark [22-CPS-02288/1818506/1]159 Lutgert Medical/PL20220000533 9-28-23 2 of 2 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 (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the 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 104,000 square feet of gross leasable area of indoor air-conditioned mini storage and indoor air-conditioned auto storage 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: 1. Warehousing and Storage, air conditioned indoor mini and indoor (SIC 4225) air-conditioned auto storage; intended for indoor air-conditioned automobile, recreational vehicle, boats and incidental household goods storage. Within the owned auto storage units,there may be mezzanines, auto lifts, bathrooms (including showers), furnished lounge and or office spaces (personal not business), kitchenettes without cooktops/ranges and hoods,wine storage, humidors, game spaces (pool tables, electronic games,golf simulators or other similar features). 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. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Courtyards 2. Covered parking 3. Essential services 4. Gazebos 5. Leasing/sales/property owner association office 6. Walls and fences 7. Water management (Lutgert Airport Road CPUD PL20220000533) September 26, 2023 Page 1 of 8 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 COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 SQUARE FEET N/A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS(External) From Airport Road ROW 25 FEET 25 FEET From Northern PUD Boundary 20 FEET 10 FEET From Western PUD Boundary 25 FEET 15 FEET From Southern Boundary 20 FEET 15 FEET MINIMUM YARDS(Internal) Internal Drives/ROW 10 FEET 0 FEET Rear 10 FEET 10 FEET Side 10 FEET 10 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 10 FEET 10 FEET MAXIMUM HEIGHT Zoned 30 FEET 25 FEET Actual 35 FEET 25 FEET MINIMUM FLOOR AREA PER STORAGE UNIT 500 SQUARE FEET N/A MAXIMUM GROSS LEASABLE AREA Indoor Mini and Indoor Auto Storage 104,000 SQUARE FEET, not to N/A exceed a maximum of 70 storage units (Lutgert Airport Road CPUD PL20220000533) September 26, 2023 Page 2 of 8 rvv of:ll £CO/>/B 9M0'>a-dO11-aHx3\SONimvaC\(LLSOOOOZZOZid)OndD Ovoa laodaiv 1HaDin1 lZ-$HVJr\ONINNVId - Meld\3NINNdrd\. o_ ,, o b O o U_ --z—� h 2 o C W ' p LL W W CO Q CL w 0 o C 0 w Z 0. AIRPORT PULLING ROAD 7 Z q N ing o 0 z - U n W ( F V1 O K D IIIMINIMINIMIMI I W H ( Q 1 ct w ww0 a 0 m Cl. w Z w ¢ O z U O J 0W O y Z a ?~ _ I ,.„ , v. D J_ O Z w Z W V rx U m gw �� z0 • Z J J UZ I- > o� a zU I - pJ z5 Q > Z w Q -c Uw I- I- A 2 pz c7 J h /Z. E ;:ir) H W � I3 a zQ z Q Z N wD F i=O UZ z I W > / o � L_ w W cow L — :4:1 — -- — — — — — — — i �•� w v U 0 U z W o 2 HAVEN AT NORTH NAPLES MPUD ASSISTED LIVING FACILITY U 0 SITE SUMMARY TOTAL SITE AREA: 5±ACRE COMMERCIAL (C) 4.23±AC (85%) WATER MANAGEMENT 0.3± AC (6%) LANDSCAPE BUFFERS 0.47± AC (9%) INDOOR STORAGE: MAXIMUM 104,000 S.F. OF GROSS LEASABLE AREA OPEN SPACE: REQUIRED: 30% PROVIDED: 30% PRESERVE: REQUIRED: 0±ACRES (0 ACRES NATIVE VEGETATION X 15%) PROVIDED: 0± ACRES TREE PRESERVATION: REQUIRED: 5 TREES(33 EXISTING TREES X 15%) PROVIDED: 5 TREES DEVIATIONS (SEE EXHIBIT E) NO DEVIATIONS REQUESTED NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. LUTCERT AIRPORT ROAD CPUD SCALE V.66oly Mlnor anJ\esoclo Irx.e..\ !oa cute: G ra dyMinor 3Rnn,la OH Er, «,-„ Ruul.a Sprin,y.Mori&r 31131 EXHIBIT C °ATE. 3032 CM!Engineers • Land Surveyors • Hamlet's Landscape\rcililecln MASTER PLAN NOTES ALE NAME: — f.rrl.ol lnlh 680005151 Cerl nl\ulh.160005151 01110ssLC260o0266 REVISED JULY 6, 2023 ""`-1/`"-"' Roll11a Spring.:239.917.I111 uuu.(;i'Aoyl/innr.rom Forl\IYrm,:239 690 1380 SHEET 2 OF 2 EXHIBIT D LEGAL DESCRIPTION COMMENCING AT THE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 2, NORTH 2°14' 00" WEST 1708.10 FEET; THENCE PARALLEL WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NE 1/4 OF THE SE 1/4 OF SAID SECTION 2, SOUTH 89° 51' 42" WEST 100.07 FEET TO THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 31 AND THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING PARALLEL WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NE 1/4 OF THE SE 1/4 OF SAID SECTION 2, SOUTH 89°51' 42" WEST 660.00 FEET;THENCE NORTH 2° 14' 00" WEST 330.00 FEET; THENCE PARALLEL WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NE 1/4 OF THE SE 1/4 OF SAID SECTION 2, NORTH 89° 51' 42" EAST 660.00 FEET TO SAID WEST RIGHT-OF-WAY LINE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 2° 14' 00" EAST 330.00 FEET TO THE PLACE OF BEGINNING; BEING A PART OF THE SOUTH 1/2 OF THE NE 1/4 OF THE SE 1/4 OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 5±ACRES MORE OR LESS (Lutgert Airport Road CPUD PL20220000533) September 26, 2023 Page 5 of 8 EXHIBIT E LIST OF DEVIATIONS No Deviations requested. (Lutgert Airport Road CPUD PL20220000533) September 26, 2023 Page 6 of 8 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 Lutgert Medical Center,LLC,4850 Tamiami Trail North,Suite 200,Naples, FL 34103.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. D. Vehicular interconnection with the Italian American Club PUD is required.Vehicular use areas, buildings and structures, landscape buffering and open space, and other uses shall be designed in such a manner that does not impede or interfere with access to or from the adjacent parcel to the north. E. Development within the CPUD shall have common site, signage and building architectural elements, including on-site signs directing motorists toward northbound egress through the Italian American Club PUD onto Orange Blossom Drive. F. Units shall not accommodate bedrooms, sleeping facilities/accommodations, guest quarters/guest suites, short or long-term habitation, or for overnight stays. G. No outdoor storage is permitted within the PUD. (Lutgert Airport Road CPUD PL20220000533) September 26, 2023 Page 7 of 8 H. No outdoor amplified sound is permitted within the PUD. I. Loading and unloading of vehicles shall occur on-site only. J. Minor vehicle maintenance is permitted indoors; however, no maintenance may occur between 10:00 p.m. and 8:00 a.m. TRANSPORTATION: A. The total daily trip generation for the PUD shall not exceed 16 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. B. Vehicular and Pedestrian interconnections will be provided to the Italian American Club PUD to the north to allow access to connection points, consistent with the conceptual CPUD Master Plan, Exhibit C. The final location of the access points will be coordinated with the adjacent property owner and a cross-access easement or an access easement to the public for public use will be provided by owner at time of the first Site Development Plan. The connection and supporting infrastructure will be constructed to the property line by the developer or successors or assigns prior to the first Certificate of Occupancy. The interconnection shall remain open to the public. ENVIRONMENTAL: A. No native preservation area is required as there is no native vegetative community on the property. Thirty-three native trees exist on-site, and 15%, or 5 trees will be retained or replanted consistent with LDC Section 3.05.07.A.2. The retained or replanted trees will be provided on the Site Development Plan. (Lutgert Airport Road CPUD PL20220000533) September 26, 2023 Page 8 of 8 tni • s'>40 FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State November 3, 2023 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 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. 2023-48, which was filed in this office on November 1, 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 Administrative Code and Register Director ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270