Ordinance 2008-02
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ORDINANCE NO. 08-~
AN ORDINANCE 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 DESCRffiED REAL PROPERTY FROM THE
INDUSTRIAL (I) ZONING DISTRICT TO THE
COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) ZONING DISTRICT FOR THE LANE PARK
CPUD LOCATED AT THE NORTHWEST CORNER OF
RADIO ROAD AND LIVINGSTON ROAD, IN
SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 5.27:r. ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, Michael R. Fernandez, of Planning Dev. Inc., representing Radio
Road Joint Venture, 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
36, Township 49 South, Range 25 East, Collier County, Florida, is changed from the
Industrial (I) Zoning District to the Commercial Planned Unit Development (CPUD)
Zoning District for the Lane Park 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 hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Com~i.~siont:{~,.?f Collier County, Florida, this J ':Il/J day of~tt ^"U It"') ,2008.
ATTEST: ". "". BOARD OF COUNTY COMMISSIONERS
D)"'IGMJ:J~. 'B.~%, CLERK COLLIER CO TY, FLORIDA
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Approved as to form
and legal sufficiency:
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Marj eM. Student-Stirling 0
Assistant County Attorney
This ordinance filed with tilt
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and acknowledgem~'ljff thot
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EXHIBIT A
FOR LANE PARK COMMERCIAL PUD
Regulations for development ofthe Lane Park CPUD shall be in accordance with the contents of
this CPUD Ordinance and applicable sections of the LDC and GMP in effect at the time of
issuance of any development order to which said regulations relate. Where this CPUD
Ordinance does not provide development standards, then the provisions of the specific sections
of the LDC that are otherwise applicable shall apply.
PERMITTED USES:
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:
I. Accounting, auditing, and bookkeeping services (group 8721).
2. Apparel and accessory stores with 5,000 square feet or less of gross square floor
area in the principal structure (groups 5611 - 5699).
3. Auto and home supply stores with 5,000 square feet or less of gross floor area in
the principal structure (group 5531).
4. Automotive services (group 7549) except that this shall not be construed to permit
the activity of "wrecker service (towing) automobiles, road and towing service."
5. Barber shops (group 7241), except barber schools.
6. Beauty shops (group 7231), except beauty schools.
7. Business services (groups 7311, 7313, 7322-7338, 7361 - 7379, 7384, 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 of electric transmission or gas lines, pipeline or
power1ine 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.
8. Child day care services (group 8351).
9. Churches and other places of worship.
10. Civic, social, and fraternal associations (group 8641).
11. Depository institutions (groups 6011-6099).
12. Eating places (group 5812 only). All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to locational
requirements of the LDC.
13. Educational services (groups 8211-8231, except regional libraries).
Page 1 of9
Revised 01-22-08
14. Food stores with 5,000 square feet or less of gross floor area in the principal
structure (groups 5411-5499).
15. Gasoline services stations (group 5541 subject to the LDC).
16. General merchandise stores with 5,000 square feet or less of gross floor area in
the principal structure (groups 5331-5399).
17. Hardware stores with 1,800 square feet or less of gross floor area in the principal
structure (group 5251).
18. Health services (groups 8011 - 8049, 8082).
19. Home furniture, furnishing, and equipment stores with 5,000 square feet or less of
gross floor area in the principal structure (groups 5712 - 5736).
20. Insurance carriers, agents and brokers (groups 6311-6399, 6411).
21. Legal services (group 8111).
22. Management and public relations services (groups 8741 - 8743, 8748).
23. Membership organizations (groups 8611 - 8699).
24. Miscellaneous repair services (groups 7629 -7631,7699 bicycle repair, binocular
repair, camera repair, key duplicating, 1awnmower repair, leather goods repair,
locksmith shop, picture framing, and pocketbook repair only).
25. Miscellaneous retail with 5,000 square feet or less of gross floor area, (groups
5912 - 5963 except pawnshops and building materials, groups 5992 - 5999
except auction rooms, awning shops, gravestones, hot tubs, monuments,
swimming pools, tombstones and whirlpool baths).
26. Museums and art galleries (group 8412).
27. Nondepository credit institutions (groups 6111 - 6163).
28. Offices for engineering, architectural, and surveying services (groups, 0781, 8711
- 8713).
29. Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor area
in the principal structure (group 5231).
30. Personal services with 5,000 square feet or less of gross floor area in the principal
structure (groups 7211, 7212, 7215, 7216 non industrial dry cleaning only, 7221-
7251, 7291, 7299, babysitting bureaus, clothing rental, costume rental, dating
service, depilatory salons, diet workshops, dress suit rental, electrolysis,
genealogical investigation service, and hair removal only).
31. Photographic studios (group 7221).
32. Physical fitness facilities (group 7991).
33. Public administration (groups 9111 - 9199, 9229, 9311, 9411 - 9451, 9511 -
9532,9611,9661).
34. Real estate (groups 6531 - 6552).
35. Retail nurseries, lawn and garden supply stores with 5,000 square feet or less of
gross floor area in the principal structure (group 5261).
36. Security and commodity brokers, dealer, exchanges and services (groups 6211 -
6289).
37. Shoe repair shops and shoeshine parlors (group 7251).
38. Transportation services (group 4724), travel agencies only.
39. United States Postal Service (group 4311 except major distribution centers).
40. Veterinary services (groups 0742, 0752 excluding outside kenneling).
41. Videotape rental with 5,000 square feet or less of gross floor area in the principal
structure (group 7841).
Page 2 of9
Revised 01-22-08
42. Any other commercial use or professional services which are comparable in
nature with the foregoing uses including those that exclusively serve the
administrative as opposed to the operational functions of a business and are
associated with activities conducted in an office.
43. Any of the foregoing uses that are subject to a gross floor area limitation shall be
permitted by right without the maximum floor area limitation if the use is
developed as an individual structure that is part of a shopping center.
44. Any other commercial use which is comparable in nature with the foregoing list
of permitted uses and consistent with the permitted uses and purpose and intent
statement of the district, as determined by the Board of Zoning Appeals.
PROHIBITED USES:
B. Principal Uses:
I. Amusements and recreation services (groups 7911, 7922 community
theaters only, 7933 7993, 7999 boat rental, miniature golf course, bicycle
and moped rental, rental of beach chairs and accessories only).
2. Homeless shelters, as defined by the LDC.
3. Social services (groups 8322-8399).
4. Soup kitchens, as defined by the LDC.
Page 3 of9
Revised 01-22-08
EXHIBIT B
FOR LANE PARK COMMERCIAL PUD
DEVELOPMENT STANDARDS
Table I below sets forth the development standards for land uses within the 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) or subdivision plat.
GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be
in relation to individual parcel or lot boundary lines, or between structures. Condominium,
and/or homeowners' association boundaries shall not be utilized for determining development
standards.
TABLE I
DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 Sq. Ft. N/A
MINIMUMLOT WIDTH 75 Ft. N/A
MINIMUM YARDS (External) ,
Livingston Road 50 Ft. SPS
Radio Road 25 Ft. SPS
Market Avenue 200 Ft. N/A
Other Perimeter Parcel Boundary Greater of 15 feet or Yz height N/A
of structure
MIN, DISTANCE BETWEEN Greater of 15 feet or 12 of the N/A
STRUCTURES sum of the building heights
MAXIMUM ZONED BUILDING
HEIGHT
Retail Buildings 35 Ft. N/A
Office Buildings 35 Ft. N/A
MAXIMUM ACTUAL BUILDING
HEIGHT 50 Ft. N/A
MINIMUM FLOOR AREA 700 Sq. Ft. * N/A
MAX. GROSS AREA 50,000 Sq. Ft. N/A
MAX. NUMBER OF STORIES 3 Stories N/A
* per principal structure, on the finished first floor.
ADDITIONAL DEVELOPMENT
STANDARDS
MAX. LOT COVERAGE 30% of entire parcel
PRESERVATION REQUIREMENT 0.45 Acres
SITE LIGHTING Light poles prohibited except
to meet lighting requirements
at entrv/exits
Page 4 of9
Revised 01-22-08
EXHIBIT "e"
CPUD LAND USE:
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SPfCfAL NOTe:
CONCEPTUAL SITE: PLAN IS
INTm[}ff) TO BE FLEXfBLE.
BUT MUST BE COMPLIANT
tt11H CPUD OCVFLOPUENT
STANDARDS
to ACRf'AGl' IS PREIAIINARY AND SUB.ECT TO CHANGE ro ADORCSS
PERIIITTlNG /SSUfS, PROCRAItIIIING REFWalCNT AND MARKET
FORCeS. HOIIE'\of7t C1PCN SPACC SHALL NOT BE REDlJCED 10
LESS THAN J06 AND CRCA 1f1) PReSERVE AReA SHALL NOT BE
LESS THAN Q45 AG'RC$.
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MARKET A VENUE
2. 1HERF ARC 3001 AafES' OF NATIVE lIf"Gf'TA17tW WHICH ARE NOT
ENCCJI/BOlED BY DRAINAGE ~TS J.01 AC X ,SIt
RCTFN1JOY;tRCAT7ai RCQIJIREMCNT - 0.45 ACReS. AU: ACRES
OR APPROXMIAlEZ.r BIJf OF RaJUlREMCNT. SHALL Be CRCAlED
PIPESER\oES AS DEPlC1BJ ON MASTER PLAN AND ARC OCPICTFD
O\ER H'tfJRIC SQtS THE BALANCE SHAU. BE LOCATFD AT THE
mE OF' THe INITIAL SOP APPUCA TION.
J. S/1F INGRCSS AND EGRESS SHALL Be Ull/1FD ro RIGHT-IN AND
RIGHT-OUT DRlloEWA)'S GENCRALLY LOCll7FD liS 0EPfC7FD.
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Page 5 of 9
EXHIBIT 0
LEGAL DESCRIPTION
FOR LANE PARK COMMERCIAL PUD
Lot 27, COLLIER COUNTY PRODUCTION PARK, PHASE 1B, as recorded in Plat
Book 15, Pages 7 and 8 of the Public Records of Collier County, Florida.
and
Tract A, COLLIER COUNTY PRODUCTION PARK, PHASE 3A, as recorded in Plat
Book 22, Pages 59 and 60 of the Public Records of Collier County, Florida.
Page 6 of9
Revised 01-22-08
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EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
FOR LANE PARK COMMERCIAL PUD
None requested. / This page intentionally left blank.
Page 7 of9
Revised 01-22-08
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
FOR LANE PARK COMMERCIAL PUD
TRANSPORTATION
1. The owner / developer acknowledges that access points depicted on the CPUD Master
Plan shall be re-evaluated by Collier County at the time of site development plan (SDP)
application and are subject to change.
2. The owner / developer shall provide a 30-foot wide non-exclusive frontage ingress-egress
easement parallel to Radio Road to the County and the owner of the parcel abutting the
southern parcel of the subject property subject to easements of record when and if
requested by the County. Additionally, the owner / developer shall construct
interconnection improvements over the subject property should such an interconnection
be required at the time of SDP application by applicable Land Development Code (LDC)
development standards or applicable County ordinances.
3. Site access will be limited to a maximum of one access point from Radio Road and one
access point from Livingston Road. Any Livingston Road access point shall be within
250 feet of Market Avenue.
4. Payment in lieu of sidewalks along the Livingston Road and Market Street frontages sha1l
be required. The amount shall be determined utilizing FDOT's 2004 Transportation Cost
Estimates, as amended. The payment sha1l be provided prior to the issuance of the initial
SDP approval for all or any portion of the subject property.
5. A1l off-site improvements including but not limited to turn lanes and sidewalks shall be
completed prior to commencing site construction.
6. The owner / developer sha1l pay the project's "Fair Share" contributions for roadway
improvements as may be required at the time of SDP application as determined by
applicable LDC provisions and/or policies established and approved by the Board of
County Commissioners by resolution or ordinance.
7. Nothing in any development order (DO) shall vest a right of access in excess of a right-
in/right-out condition at any access point. Neither shall the existence of a point of
ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any
future cause of action against the County by the developer, its successor in title, or
assIgnee.
8. If any required turn lane improvement requires the use of existing County Rights-of-Way
or easements(s), then compensating Right-of-Way shall be provided at no cost to Co1lier
County as a consequence of such improvements.
9. Site-related improvements (as opposed to system-related improvements) necessary for
safe ingress-egress to this project shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to issuance of the first
CO.
Page 8 of9
Revised 01-22-08
10. On written request by Collier County, the developer, or its successor in interest, at its sole
cost, shall promptly reduce the Radio Road access to a right-in only condition, with no
claim whatever against Collier County.
ZONING
The owner/developer acknowledges that any adopted LDC amendment regarding Submittal
Requirements for Site Development Plans relating to Outdoor Serving Areas and Permits for
Outdoor Serving Areas With or Without Entertainment shall be applicable to this CPUD.
Page 9 of9
Revised 01-22-08
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-02
Which was adopted by the Board of County Commissioners
on the 15th day of January 15, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd
day of January, 2008.
DWIGHT E. BROCK
Clerk of Courts <l)J4".Clerk
Ex-officio to BO~rd.::'a';i
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County Commi~i<mers
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Ann Jennej , '~'~'~ ...'
Deputy Clerk
By: