Ordinance 2015-43 ORDINANCE NO. 15-_43
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 THE AGRICULTURAL (A) ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT FOR A 10.47± ACRE PARCEL TO BE KNOWN AS THE
GERMAIN HONDA CPUD TO ALLOW CONSTRUCTION OF AN
AUTOMOTIVE SALES FACILITY WITH ASSOCIATED REPAIR
SERVICES, UP TO 60,000 SQUARE FEET OF GROSS FLOOR AREA, ON
PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE
INTERSECTION OF PINE RIDGE ROAD AND LIVINGSTON ROAD IN
SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTION
NO. 94-584, A CONDITIONAL USE FOR A RETAIL NURSERY; AND
PROVIDING AN EFFECTIVE DATE. [PETITION PUDZ-PL20140001326]
WHEREAS, Dominick J. Amico, Jr., P.E. of Agnoli, Barber & Brundage, Inc. and R.
Bruce Anderson, Esquire of Roetzel & Andress, LPA representing JAZ Real Estate Holdings,
LLC, petitioned the Board of County Commissioners to change the zoning classification of the
herein described property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ZONING CHANGE.
The zoning classification of the herein described real property located in Section 12,
Township 49 South, Range 25 East, Collier County, Florida is changed from the Agricultural (A)
zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 10.47±
acre parcel to be known as the Germain Honda CPUD in accordance with Exhibits A through F
attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps,
[14-CPS-01378/1 188210/11104 1 of 2
Germain Auto CPUD/PUDZ-PL20140001326
Rev. 6/18/15
C.A�
as described in Ordinance No. 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO: REPEAL OF RESOLUTION.
Resolution No. 94-584 is hereby repealed in its entirety, with an effective date of the
issuance of the first building permit for the motor vehicle dealer use.
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. 2015- 91 becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this day of Iv y , 2015.
ATTEST ^ BOARD OF COUNTY COMMISSIONERS
DWIGHT ',i "-O , LERK COLLIER COUNTY, FLORIDA
By: . . �� By: ,a4ec.e._
D u l%x TIM NANCE, Chairman
Attest asnfg Cha1rnf 'S ��
Signature 0
App oved as to form and legality:
A
Heidi Ashton-Cicko 0(6) tNk'<
t�
Managing Assistant County Attorney
Attachments: Exhibit A—Permitted Uses This ordinance filed with the
rotary of Srptes Offise the
Exhibit B—Development Standards day of , __.,L�
Exhibit C —Master Plan and ocknowiedgemen�,,g� that
Exhibit D—Legal Description filing recth'ed �: --�T_ d�
Exhibit E—List of Requested Deviations u I Ai r n
of Vat 10±.411•01,,
F—List of Developer Commitments By . • Airy
[14-CPS-01378/1188210/1}104 2 of 2
Germain Auto CPUD/PUDZ-PL20140001326
Rev. 6/18/15
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EXHIBIT "A"
Permitted Uses:
The Honda CPUD shall be developed as a commercial use project, which will include an
automotive sales facility with associated repair services, limited to 60,000 SF Gross Floor Area
(GFA).
TRACT A(Limited to the Southerly 10 acres)
A. Principal Uses:
1. Motor vehicle dealers (new and used); SIC Code Group 5511
2. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by Hearing Examiner or the Board of
Zoning Appeals (BZA) by the process outlined in the LDC.
B. Accessory Uses
1. Motor Vehicle Dealers, Used Only(Group 5521)
2. Automotive Exhaust System Repair Shops (Group 7533)
3. Tire Repair Shops,not including Tire retreading(Group 7534)
4. Automotive Glass Replacement Shops (Group 7536)
5. Automotive Transmission Repair Shops (Group 7537)
6. General Automotive Repair Shops (Group 7538)
7. Automotive Repair Shops,Not Elsewhere Classified (Group 7539)
8. Car wash, subject to the provisions of LDC Section 5.05.11.
9. Uses and Structures that are accessory and incidental to an automotive sales
facility.
10. Display of new and used automobiles for sale, provided it does not adversely
affect pedestrian or vehicular traffic or public health. Vehicle display is prohibited
within any required landscape buffer, and allowed within front, side and rear yard
setbacks.
TRACT B:
A. Principal Uses
Stormwater treatment areas, buffers, drives, signs, and other horizontal improvements
accessory to the uses in tract A.
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EXHIBIT B
DEVELOPMENT STANDARDS:
Table I below sets forth the development standards for land uses within the proposed
Commercial use PUD (CPUD). Standards not specifically set forth within this application
shall be those specified in applicable sections of the LDC in effect as of the date of approval
of the SDP or Subdivision plat, consistent with C-4 zoning.
TABLE I
DEVELOPMENT STANDARDS
PRINCIPAL USES ACCESSORY
USES
MINIMUM LOT AREA 10,000 Sq. Ft. N/A
MINIMUM LOT WIDTH 100 Ft. N/A
MINIMUM YARDS (External)
From Pine Ridge Road ROW 25 Ft. SPS
From Livingston Road ROW 25 Ft. SPS
From West and North Property Boundary 25 Ft. SPS
MIN. DISTANCE BETWEEN 1/2 Sum of Zoned Building 10 Ft.
STRUCTURES Heights
MAXIMUM HEIGHT Zoned Actual
Auto Dealership Showroom 35 Ft. 45 Ft. 25 Ft.
MINIMUM FLOOR AREA 1,000 Sq. Ft.
MAX. GROSS FLOOR AREA 60,000 Sq. Ft
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EXHIBIT "D"
I EGAL DESCRIPTION
(OFFICIAL RECORDS BOOK 3640, PAGES 2607-2610)
BEING A PARCEL OF LAND LYING IN SECTION 12,TOWNSHIP 49
SOUTH,RANGE 25 EAST,COLLIER COUNTY, FLORIDA.BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 510 FEET OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER,LESS THE EAST 30 FEET AND SOUTH 75
FEET FOR ROAD RIGHT-OF-WAY;
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL AS SHOWN IN OFFICIAL RECORDS
BOOK 3640.PAGES 2609 AND 2610
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12,TOWNSHIP 49 SOUTH,RANGE 25
EAST,COLLIER COUNTY,FLORIDA,SAID POINT OF COMMENCEMENT BEING THE
CENTERLINE INTERSECTION OF LIVINGSTON ROAD(C.R.881)AND PINE RIDGE ROAD(C.R.
896);
THENCE NORTH 00°17'03"WEST ALONG THE EAST LINE OF SAID SECTION 12,A DISTANCE OF
75.00 FEET;
THENCE NORTH 89°31'15" WEST,A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 0097'03" WEST ALONG A LINE LYING 30 FEET WEST AS MEASURED
PERPENDICULAR TO SAID EAST LINE OF SECTION 12,A DISTANCE OF 1245.71 FEET;
THENCE NORTH 89°32'18"WEST,A DISTANCE OF 187.45 FEET TO THE POINT OF CURVATURE
OF A NON-TANGENT CURVE,CONCAVE TO THE EAST, HAVING A RADIUS OF 5806.33 FEET,A
CENTRAL ANGLE OF 02°02'37", AND A CHORD OF 207.07 FEET BEARING SOUTH 09°22'52"EAST;
THENCE SOUTH ALONG SAID CURVE,A DISTANCE OF 207.09 FEET TO THE POINT OF
CURVATURE OF A REVERSE CURVE,CONCAVE TO THE WEST,HAVING A RADIUS OF 5686.33
FEET,A CENTRAL ANGLE OF 06°07'58",AND A CHORD OF 608.36 FEET BEARING SOUTH
07°20'11"EAST;
THENCE SOUTH ALONG SAID CURVE,A DISTANCE OF 608.66 FEET;THENCE SOUTH 0097'03"
EAST,A DISTANCE OF 413.86 FEET;THENCE SOUTH 45°06'14"WEST,A DISTANCE OF 21.06
FEET;
THENCE NORTH 89°31'15" WEST, A DISTANCE OF 385.04 FEET;THENCE SOUTH 00°17113" EAST,A
DISTANCE OF 10.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF AFORESAID PINE RIDGE
ROAD;
THENCE SOUTH 89'3195' EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF
480.05 FEET TO THE POINT OF BEGINNING;SAID DESCRIBED TRACT.
CONTAINING 3.253 ACRES(141,691)SQUARE FEET),MORE OR LESS.
CONTAINING 10.47 ACRES(=) IN THE RESULTANT PARCEL
CONTAINING A TOTAL NET AREA OF 10.47 ACRES.
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EXHIBIT "E"
LIST OF REQUESTED DEVIATIONS FROM LDC
No Deviations are requested.
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EXHIBIT "F"
LIST OF DEVELOPER COMMITMENTS
GENERAL
1. All traffic control devices, signs, pavement marking, and design criteria shall be
in accordance with the Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards,
current edition, and the Manual on Uniform Traffic Control Devices (MUTCD),
current edition.
2. Arterial-level street lighting shall be provided at all access points. Access lighting
shall be in place prior to the issuance of the final Certificate of Occupancy(CO).
3. Access points shown on the PUD Master Plan are considered to be conceptual.
Nothing depicted on any such Master Plan shall vest any right of access at any
specific point along any property boundary. The number of access points
constructed may be less than the number depicted on the Master Plan; however,
no additional access points shall be considered unless a PUD amendment is
approved.
4. Site related improvements (as opposed to system related improvements) necessary
for safe ingress and egress to this project, as determined by Collier County, shall
not be eligible for impact fee credits. All required improvements shall be in place
and available to the public prior to commencement of on-site construction.
5. Outside storage or display of automotive parts and supplies is not permitted.
6. At the time of SDP, a letter of no objection from FPL shall be obtained by owner
or developer and provided to County for any storage, structures or improvements
to be placed in the FPL easement.
ENVIRONMENTAL
1. Soil Contamination
a. Developer will work with FDEP to create an action plan for any required
clean-up.
b. Any required clean-up will be accomplished prior to construction
commencement.
c. Documentation of clean-up completion (if necessary) from FDEP to be
provided at pre-construction meeting.
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UTLITIES:
1. Prior to Site Development Plan (SDP) approval, Owner shall convey to Collier
County and the Collier County Water Sewer District (CCWSD), a County Utility
Easement (CUE) including access to facilities, running north/south on the Honda
CPUD, for a wastewater force main and other utility facilities, free and clear of
liens and encumbrances. One of two alternative locations shall be selected by
County at the time of SDP application:
a. A 20' CUE within the existing FPL easement at a location and
under conditions acceptable to Owner, FPL and CCWSD. This
conveyance shall be by donation. If the parties have not agreed in
writing upon the acceptable conditions by the time of SDP
application, it shall be deemed that the County has selected
alternative b. below.
or
a. A 15' CUE that runs parallel to the Honda CPUD's eastern
property line. The CUE shall provide that the County-required 15
foot landscape buffer may be located within the CUE except that
trees shall only be allowed on the western 5 feet of the CUE.
Selection of tree types within the permissible 5' shall be pre-
approved by the CCWSD. The CUE shall further provide that any
subsequent installation or repair of County facilities that results in
damage or removal of the Owner's landscape materials will be
repaired or replaced at the expense of the CCWSD. Due to joint
use of the area, compensation to Owner shall be 50% of appraised
(fee simple) value at time of the conveyance. CCWSD intends to
complete design of its wastewater transmission main prior to the
submission by owner of its SDP; thereafter, CCWSD will bid the
construction among its fixed-term underground contractors with
the intention to complete construction concurrently with site
construction.
2. Prior to the issuance of the first certificate of occupancy, Owner or Developer
shall obtain a right-of-way permit and then remove the private force main within
the County's road right-of-way running parallel to the Honda CPUD's eastern
property line. The private force main shall be relocated to a location outside of
the County's road right-of-way or CUE.
TRANSPORTATION:
1. If FPL retains the driveway labeled "FPL access" on the master plan, this access
shall be gated or otherwise controlled so as to not permit public use.
2. The developer or its successors in interest, shall construct a 10 foot wide multi-
use pathway(i.e. may widen existing sidewalk) along and within the Livingston
Road right of way frontage from Pine Ridge Road to Ridgeway Drive in lieu of
providing an easement along the FPL corridor. The construction of the
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Livingston Road frontage shall be completed prior to the first Certificate of
Occupancy. The pathway shall be offset 2 feet from the back of curb of
Livingston Road to provide a 2 foot clear zone. At the request of Collier County,
the Developer shall construct a 10 foot wide multi-use pathway along the frontage
of Ridgeway Drive (i.e. may widen existing sidewalk).
OPERATIONAL RESTRICTIONS:
1. No outdoor amplified sound(does not apply to personal electronic devices)
2. If a carwash is to be an accessory, use of the following standards may be
considered where applicable:
a. Each end of the carwash will have bay doors that will remain closed
during the entire wash cycle and will only be opened and closed for
entering or exiting vehicles
3. Service areas:
a. Must be enclosed
b. Doors will only be opened and closed for entering or exiting vehicles
4. Hours of operation will be limited to the following, except for special events:
a. 7am to 8pm, Monday thru Friday for Sales;
b. 7am to 6pm Monday thru Friday for Service; and
c. 7am to 5pm Saturday and Sunday for both Sales and Service
5. Buffers:
a. Landscape buffers shall be required as per the Land Development Code
and as shown in the Master Plan (Exhibit C).
6. No gasoline storage or fueling tanks shall be located on the property.
7. There will be no collision shop operations on-site.
8. There will be no rooftop parking.
9. Buildings will be limited to two-stories.
10. Primary use is new cars and used cars as an accessory use limited to no greater
than 40%of total inventory except those accepted as trade-ins by the dealership.
11. Off-loading of vehicles is prohibited within the public right-of-way.
12. Lighting:
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a. Lighting will be shielded and directional to avoid glare on neighboring
properties. Illumination at all adjacent residential properties' lines shall
not exceed .5 foot candles
b. Display lighting will be limited to the area shown on the Masterplan and
will be reduced in specified areas to a security level lighting after 11pm.
Security level lighting will have a minimum lumens reduction of 50%
c. All lighting will be flat panel fixtures
d. Lighting on the perimeter of the project will utilize full cutoff shields
e. Lighting height will be limited to 20'
f. Display lighting will not exceed 1,000 watt metal halide intensity or
equivalent(intensity of LED, or other bulb type).
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 9, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Martha S. Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 15-43, which was filed in this office on July 9, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us