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Agenda 10/14/2008 Item # 8CAgenda Item No. 8C October 14, 2008 Page 1 of 139 EXECUTIVE SUMMARY PUDZ-A- 2007 -AR -11914 Germain Properties of Columbus, Inc., represented by Dominick J. Amico, P.E., of Agnoli, Barber and Brundage, Inc. and Robert J. Mulhere, AICP, of RWA, requesting a rezone from Planned Unit Development (Ordinance No. 90 -50) to Commercial Planned Unit Development (CPUD) to be known as Germain Toyota CPUD. The purpose of the request is to increase the maximum building area from the current maximum of 601000 square feet to a maximum of 130,000 square feet. The 13.05 acre subject property is located at 13329 Tamiami Trail North; lying in the southwest quadrant of the intersection of Tamiami Trail North (US 41) and Wiggins Pass Road (CR -888), in Section 16, Township 48 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to rezone the subject site from a Planned Unit Development (PUD) to a Commercial Planned Unit Development (CPUD) as noted above and to ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is proposing a PUD to CPUD rezone for the purpose of repealing Ordinance Number 90 -50, the Germain Automotive Facility PUD, and readopting a new CPUD to be known as the Germain Toyota CPUD Zoning District. The purpose of this petition is to increase the maximum building area from the approved 60,000 square -foot maximum to 130,000 square feet. The petitioner also proposes to increase the maximum Zoned Building Height from 50 feet to 55 feet and providing an actual height of 65 feet. The proposed CPUD will also provide an enclosed parking garage with a height of 55 feet and an actual height of 65 feet. Lastly, the application includes a proposal to add additional structures onsite such as a new showroom and offices. The petitioner is not proposing to change the currently approved land uses that include an automobile dealership with showrooms and an automobile service and repair facilities. No additional land uses are proposed. Furthermore, the applicant is not requesting deviations from the Land Development Cade (LDC). The revised CPUD Master Plan for this petition depicts the generalized areas of development. It also depicts the Eagles Nest Management area, Wetland Jurisdictional Line, and traffic access which is from Tamiaini Trail (US -41). FISCAL IMPACT: The PUD rezone by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, However, if the PUD rezone is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. PUDZ- A -07 -AR -11914 Page 1 of 8 Agenda Item No. 8C October 14, 2008 Page 2 of 1 319 The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban — Commercial District, Mixed Use Activity Center Subdistrict (MUAC No. 20, US 41 and Wiggins Pass Road) as identified on the Future Land Use Map within the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Mixed Use Activity Centers are intended to be mixed use in character; they allow the full array of commercial uses and are "...designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community ". The existing PUD was approved in 1990. Although the controlling Mixed Use Activity Center (MUAC) Subdistrict provisions have been amended since that time, no revisions have been made that would impact the consistency of this request to increase the commercial building space or modify development standards. Market Demand Analysis: The firm of Fishkind & Associates, Inc. prepared a Market Needs Analysis analyzing market conditions for assessing the automotive dealership needs of a growing population. The standard factors to consider during review of a rezone petition within an Activity Center include the patterns of land use, the amount, type and location of existing zoned commercial land, and developed commercial uses, both within the MUAC and within 2 road miles of the MUAC, and; the market demand and service area for the proposed land uses. The amount of commercial land in Mixed Use Activity Center No. 20 is approximately 47.8 acres, while 1.37 acres of the MUAC commercial land inventoried is presently vacant. (Source: Appendix 2 — Fishkind & Associates Analysis) The amount of commercial land within the Lee County portion of this 2 -mile radius is about 29 acres; the amount of commercial land within the Collier County portion of this radius is about 216.2 acres. Approximately 4.5 acres of the Lee County commercial land inventoried is presently PUDZ- A -07 -AR -11914 Page 2 of 8 Agenda Item No. 8C October 14, 2008 Page 3 of 139 vacant, while 99.1 acres of the Collier County commercial land inventoried is presently vacant. The amount of land devoted to automobile dealerships is about 1.5 acres in Lee County and 28.8 acres in Collier [excluding the subject property]. (Source: Appendix 3 — Fishkind & Associates Analysis) Franchise automobile dealerships are specialized businesses with service areas specified by the manufacturers whose makes are being sold there, so this two road -mile study area for commercial land and commercial uses is not indicative of the automotive marketplace and was not used as the basis for this Market Needs Analysis. The Fishkind analysis utilizes this dealership's regional service area, generally representing an area defined by a 30- minute drive time. The regional service area, approximated by this 30- minute drive time, extends generally: to the north side of Alico Road and as far as Daniels Parkway at I -75 (N); Collier Boulevard and as far as Everglades Boulevard at Oil Well Road (E); to the south side of Rattlesnake Hammock Road (S); and to the Gulf of Mexico (W) — varying from 12 to nearly 20 mile distances. This regional service area encompasses 35 dealerships, occupying more than 456,000 square feet of building area on 156 acres, in both Lee and Collier Counties. (Source: Appendix 1 — Fishkind & Associates Analysis) The studied area's population nearly doubled between 1997 and 2007 to more than 250,000 people. This area is projected to grow by less than one -half that rate, seeing an additional 110,000 residents by 2020, based on June, 2008 estimates and projections prepared by the County's Comprehensive Planning Department. The analysis establishes a correlation between automobile dealership space demands and the population in the service area with a floor area ratio (FAR.) — revealing regional auto dealerships are increasingly denser. This increasing density means more square footage is being added to existing land holdings. The automotive dealer's marketplace is assessed, indicating, "it is likely that most of this [additional building space] will (continue to) take place in the form of expansion of existing dealers; however, some new development will occur to replace older, functionally inadequate facilities ". In conclusion, the Analysis reports dealership expansions of another 212,000 square feet will be needed to satisfy the market needs for automobile sales and services by 2020. Approving the proposed Germain Automotive Facility CPUD amendment will provide 70,000 square feet toward meeting these needs. Staff concludes the requested Planned Unit Development amendment may be deemed consistent with the FLUE of the GMP. Transportation Element: The Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has made the following determination: The proposed amendment produces 40 P.M. peak hour, peak direction trips on Tamianii Trail (US -41) which represent a 1.13 percent impact on the adjacent roadway. Tamiami Trail (US -41) has a service volume of 3,520 trips, with a remaining capacity of approximately 112 trips between Wiggins Zn Pass Road (CR -888) and Immokalee Road (CR -846); and is currently at a Level of Service (LOS) "E" as shown in the 2007 Annual Update and Inventory Report (AUIR). The project will produce 56 PM peak hour, peak direction trips on Wiggins Pass Road (CR -888) which represent a 5.33 percent impact on the adjacent roadway. Wiggins Pass Road (CR -888) has a service volume of 1,050 trips, with a remaining capacity of approximately 536 trips, and is currently at LOS "B" as shown in the 2007 AUIR. The adjacent roadway has sufficient capacity to accommodate this project throughout the five -year planning period. PUDZ- A -07 -AR -11914 Pate 3 of 8 Agenda Item No. 8C October 14, 2008 Page 4 of 139 The surrounding roadway network was analyzed on the basis of projected build -out traffic conditions. Based upon the analysis contained in the TIS that was submitted, all roadway segments that will be impacted as a result of the Germain Toyota CPUD expansion will operate at an acceptable level of service. Therefore, the Germain Toyota CPUD Rezone application can be considered consistent with Policy 5.1 of the Transportation Element of the GMP. AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable - Workforce housing demands that it may create. ENVIRONMENTAL ISSUES: The Environmental Services staff has reviewed the petition and the CPUD document and is recommending approval since the subject site has been previously impacted by development. In addition, the CPUD document addresses the applicable environmental concerns. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The applicant was not required to submit an Environmental Impact Statement (EIS) because the subject site, as noted above, was previously impacted by the existing development; therefore, the petition was not required to be presented to the EAC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDZ -A- 2007 -AR -11914 on August 21, 2008, and by a vote of 8 to 0 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions: 1. The setback from U.S. 41 shall be a minimum of 75 feet. 2. Exhibit E — Planning No. 4: There will be a fence and landscaping around the water management site to the rear of the Lexus property between the residential lots. The water management site shall also be depicted on a cross- section and reference herein as Exhibit G. 3. Exhibit B- Development Standards Table, the word leasable in the last line will change to enclosed. 4. Exhibit E - Planning No. 5; There shall be an architectural concrete or masonry wall 8 feet in height erected on the eastern edge of the preserve area from the northern property line and connecting with the wall on the adjacent property to the north to a point 200 feet south of the RMF -6 zoned lot. All paved areas adjacent to the preserves where a wall does not exist, shall be curbed. 5. Exhibit B — footnote No. 2 added to the Development Standards Table regarding the 10 -foot accessory setbacks for preserves. PUDZ- A -07 -AR -11914 Page 4 of 8 Agenda item No. 8C October 14, 2008 Page 5 of 139 6. Exhibit E — Transportation No. 1: The developer shall pay its "fair share" costs of intersection improvements including signalization and ITMS at US 41 and Wiggins Pass Road which have been identified as not to exceed $ 50,304.09. 7. Exhibit E — Transportation No. 2: The developer shall pay its "fair share" costs of intersection improvements including signalization and ITMS at US 41 and Old US 41 which have been identified as not to exceed $ 141,902.60. 8. Exhibit E — Transportation No. 3: All existing interconnections on both the north and south CPUD boundaries shall be maintained in perpetuity except as may be relocated or altered upon approval of Transportation Staff. 9. Exhibit B — footnote No. 1 added to the Development Standards Table where it states abutting residential, there will be no buildings or dumpsters within 200 feet of existing RMF -6 residential zoned property. 10. Exhibit B, the zoned height will be 50 feet and the actual height will be 60 feet. 11. Exhibit E — Planning No. 6 All vehicle loading and offloading shall take place on -site. Since staff has received several letters of objection (included in the back -up), this petition can not be placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is a site specific rezone from a Planned Unit Development Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a project to be known as the Germain Toyota CPUD. Site specific rezones are quasi - judicial in nature. As such the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for CPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of'this type shall be made only after consultation with the county attornev. PUDZ- A -07 -AR -11914 Page 5 of 8 Agenda Item No. 8C October 14, 2008 Page 6 of 139 3. Consider: Conformity of the proposed CPUD with the goals, objectives and policies of the growth management plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with CPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 10. Will the proposed CPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested CPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? PUDZ- A -07 -AR -11914 Page 6 of 8 Agenda Item No. 8C October 14, 2008 Page 7 of 139 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed CPUD rezone on the availability of adequate public facilities and seri.,ices consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.] 06, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the CPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office and is legally sufficient for Board action. (HFAC) 08 -C>s- 00824;21 RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve petition PUDZ -A- 2007 -AR -11914 subject to the staff and the CCPC conditions of approval which have been incorporated into the resolution of adoption. PUDZ- A -07 -AR -11914 Page 7 of 8 Agenda Item No. 8C October 14, 2008 Page 8 of 139 PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review PUDZ- A- 07 -AR- 11914 Page 8 of 8 Page 1 of 2 Agenda Item No. 8C October 14, 2008 Page 9 of 139 file: / /C:AAgendaTest \Exnort\ 114 - October %2014_% 2020 09 \08.0/(?OA1)VF.RTI�sF.T) % ?OPI iR 1(1 /R /AMR COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8C Item Summary: This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ-A- 2007 -AR- 11914, Germain Properties of Columbus, Inc., represented by Dominick J. Amico. P.E., of Agnoli, Barber and Brundage, Inc. and Robert J. Where, AICP, of RWA, requesting a rezone from Planned Unit Development Ordinance No. 90 -50 to Commercial Planned Unit Development (CPUD) to be known as Germain Toyota CPUD. The purpose of the request is to increase the maximum building area from the current maximum of 60,000 square feet to a maximum of 130.000 square feet. The 13.05+ acre subject property is located at 13329 Tamiami Trail North; lying in the southwest quadrant of the intersection of Tamiami Trail North (US 41) and Wiggins Pass Road (CR -888), Section 16, Township 48 South, Range 25 East, Collier County, Florida. (CTS) Meeting Date: 10/14/2008 9:00:00 AM Prepared By Melissa Zone Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 913012008 11:02:46 AM Approved By Judy Puig Operations Analyst date Community Development & Community Development & Environmental Services 9130'2008 11:23 AM Environmental Services Admin. Approved By Susan Istenes, AICP Zoning & Land Development Director Late Community Development & Environmental Services Zoning & Land Development Review 913012008 2:27 PM Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 101112008 8:18 AM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services 10/1/2008 12 :31 PM Environmental Services Admin. Approved By Ray Bellows Chief Planner Date �^ Community Development & Environmental Services Zoning & Land Development Review 1011,2008 2:30 PM Approved By file: / /C:AAgendaTest \Exnort\ 114 - October %2014_% 2020 09 \08.0/(?OA1)VF.RTI�sF.T) % ?OPI iR 1(1 /R /AMR Page 2 of 2 Agenda Item No. SC October 14, 2008 - Norm s.Feder, A|Cp Transportation Division Administrator Date Transportation Services Transportation Services Admin. 10n12008 3:08 pM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 10112088 3:56pM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office nfManagement & Budget 10n120084:2epM Approved By Mam|sacunon Budget Analyst Date County Manager's Office Office of Management & Buuy^g 10/112008 *:48 pM Approved By James V. Mudd County Manager Date Board ufCounty Commissioners ooumxM�naQer'sOfnce 1n�/2ouu1o�noAM � file://C:\Aocndu7exhRxnorh1 14-()rinhcr%7014%707009\09 0/.704D\/FQT1A-FD9/"?0P1|R |0/R/700� Page 11 of 139 Germain Automotive Market Needs Analysis Updated September 10, 2008 Prepared for Germain Automotive, Inc. Mr. Jeffrey Nunner, P.E. 8113 Lowbank Drive Naples, FL 34109 Prepared by Fishkind & Associates, Inc. 1415 Panther Lane, Suites 346/347 Naples, Florida 34109 (239) 254 -8585 Agenda Item No. 8C October 14, 2008 Page 12 of 139 1.0 Introduction 1.1 Purpose o The purpose of this report is to present a market needs analysis for a proposed rezone in Activity Center #20 in the North Naples Area of Collier County. Germain Automotive, Inc. ( "Client ") is proposing a Planned Unit Development ( "PUD ") rezone from existing PUD (Germain Automotive PUD on US 41 North just south of Wiggins Pass Road) to increase commercial square footage from the presently allowed 60,000 square feet to 130,000 square feet. The PUD allows for new and used car sales and other automotive uses. The Client has asked Fishkind and Associates, Inc. ( "Consultant ") to prepare an analysis in support of the PUD rezone application. 1.2 Overview of Analysis o According to Policy 1.1, Section B.1 (XII), of the Collier County Growth Management Plan ( "GMP "), there are 13 factors to be considered during the review of a rezone petition within a Mixed Use Activity Center. Two of those factors relate to this report. ■ The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center. ■ Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. o The Consultant has addressed the first factor by taking inventory of all existing and vacant uses within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center (found in Appendix 2 and Appendix 3). o Typically, the Consultant addresses the second factor through a quantification of the supply of, and demand for, the proposed land use within a described market area to demonstrate a need for the rezone. However, the market for automotive uses is specialized when compared to other retail industries. Specifically: Automobile purchases are significant financial commitments that consumers make only once every 2 to 5 years. Consumers have specific preferences and compelling rationales when making these types of purchase decisions. Automotive product offerings and branding are highly differentiated based on age and income factors. ■ Automotive dealerships in the market do not all compete on the same level. For example, an economy -class auto dealership would cater to a different set of consumers than a luxury dealership with very little overlap. In contrast, other retailers such as grocery stores sell more homogenous sets of goods and the supplier is easily substitutable to consumers. Fishkind & Associates, Inc. 2 Agenda Item No. 8C October 14, 2008 Page 13 of 139 ■ Finally, franchise automotive dealers such as the Client operate under strict directive from manufacturers. This is also the case for other industries, however, the dynamic is more pronounced for auto dealers thus creating a unique set of market circumstances. o As such, it would not be relevant or instructive to utilize a typical supply /demand methodology to demonstrate a need for the proposed rezone. o Instead, the Consultant will analyze the structural shift in the economics of the automobile industry and relate those changes to the functional utility of dealer facilities. The shift seeks to achieve greater economies of scale for the franchise dealer which in turn benefits the consumer. The general items associated with this change are: • Consolidation of franchised dealerships • Increased density of sites • Expansion of existing sites • Increase in ancillary facilities • Elimination of functionally inadequate and outdated dealer facilities o Consumer benefit and welfare is greatly enhanced through the achievement of economies of scale for a number of reasons: • Employment — Job creation through expansion of existing operations • Product Quality — Expansion leads to greater specialization • Flexibility — Rebates, incentives, special offers, warranties • Diversity — Differentiated product offerings • Proximity — Less travel distance to satisfy preferences • Efficiency — Less waste /environmental impact • Price Savings — A result of all gained efficiencies o Therefore, the need to rezone the site will be based on identification of structural changes in automotive dealership market fundamentals and the resultant increase in benefit and welfare for consumers. Fishkind & Associates, Inc. 3 Agenda Item No. 8C October 14, 2008 Page 14 of 139 1.3 Overview of Mixed Use Activity Centers o The Project is located in the North Naples area of Collier County in Mixed Use Activity Center #20. For purposes of this report, it is important to note the intention of the Activity Center designation. According to the Collier County Growth Management Plan ( "GMP "): ■ The Mixed Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can be readily accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. o Based on the definition above, the current and proposed rezone provides for a reduced traffic impacts compared to a more intense retail use. 1.4 Subject Site Attributes o The following site attribute data is obtained from the Collier County Property Appraiser for the Project. The table below shows a summary of the Project's attributes. Table 1.4.1 FLN DEALER NAME STREET # STREET NAME STREET NAME 2 ACRES BLDG SOFT LAND SOFT CLASS YR BLT /RENOV 00155040009 GERMAIN TRUCK LOT 13101 TAMIAMI TRL 3.40 LOT 147.940 ASPH P 2007 00155000007 GERMAIN LINCOLN, TOYOTA AND BIG LOT 13329 TAMIAMI TRL 12.73 17870 554,456 A -SF -M 1992 75460080006 GERMAIN LEXUS 860 WIGGINS PASS RD 0.86 LOT 37,482 ASPH P 1998 75460120005 GERMAIN LEXUS 850 WIGGINS PASS RD 0.79 LOT 34.272 ASPH P 1997 75460160007 GERMAIN LEXUS 870 WIGGINS PASS RD 0.55 7.904 23,900 A -1 -F 1997 00155360006 GERMAIN LEXUS 13499 TAMIAMI TRL 2.70 11,911 117.395 G -1 -0 2001 00155080001 GERMAIN LEXUS 850 WIGGINS PASS RD 1.01 1 LOT 44.194 ASPH P 1992 Total 22.03 37,685 959,639 Fishkind & Associates, Inc. 4 Agenda Item No. 8C October 14, 2008 Page 15 of 139 2.0 National Trends in the Automotive Dealership Industry o This section provides an overview of national trends in the franchise automotive industry. The trends provide insight into the market conditions for auto dealers and some of the structural changes taking place. o The analysis and conclusions are based on a review of the National Automobile Dealer Association ( "NADA ") Data 2008, Economic Impact of America's New Car and New Truck Dealers, as published in Auto Exec, May 2008.http: / /www.autoexecmag.com 2.1 Revenue Outlook o According to NADA, new car dealerships experienced sales levels of 16.1- million units in 2007 realizing total revenues of $693- billion. Table 2.1.1 below shows the 10 year trend for total sales revenue and average sales revenue per dealership. Table 2.1.1 $ Millions # nillion. 700'" ".'� p d r. CIO to 2 400 Ain All ilealerships (left scales Average per dealership (right scale) , :, .1 20 1997 1999 1'x49 2001; 2001 2007 2003 2004 OH05 2006 2007 auce_< ll_. Dfpart�-Pnt d Cw,merce: NALIA. irJu_trr Analysia DM-ion Source: National Automobile Dealers Association, 2007 o The table shows a declining trend in revenue generation over the past few years leading up to 2007. Revenues were up 3% in 2007 after a decrease of 3% in 2006 and 2% in 2005. The declines were attributable to erosion in the overall economy as well as minimal increases in the average sale price of new cars. Although total sales volumes were down in 2007, the average sale price of new cars increased modestly leading to increases in total revenue. Fishkind & Associates, Inc. 5 Agenda Item No_ 8C October 14, 2008 Page 16 of 139 2.2 Dealership Profile o Table 2.2.1 below provides a time series financial profile of the average franchise automotive dealership. The profile is in terms of various revenue and cost measures. Table 2.2.1 Source: National Automobile Dealers Association, 2007 o The table shows steady declines in all performance measures leading up to 2007. From 2002 to 2006, dealers consistently sacrificed increases in gross revenue to higher total expenses. From 2005 to 2006 gross sales revenue increased 0.7% while total expenses increased 1.9 %. Accordingly, net profit before taxes declined annually since from 2002 to 2006. In 2007 dealers increasingly realized gained efficiency and were able to keep expenses as a percent of total sales constant. The result was an increase in net profit for the first time in five years. Fishkind & Associates, Inc. 6 °.b change 2002 2003 2004 2005 2006 2007 2006 to 200 Total d_aiersln t sales F "� 3L275 -H1 I. �, 5�3�.7`:�;.8- 59 - 1,3 .�`i? �;:j 1.3__318,4 1 i, �1.31,'a -)5, `f3 q.�3.3,37G,5ci1 4.8`.:� Total dPaler_hip stn. s I. 4.175,4s6 $ 4,315..,54 $ 4,.- '63,870 1. 4.3:17,479 $ 4.3.j8.448 G 4.54E. =12 4.8' As °; of total salmi 13.4'% 13.4m. 13.2`X, 13.3. 13.644, 13 -6% Total dealership experna $ �, -. _,24r g. 3.751,511 $ 3.3,�W,184 $ 3.776,446 $ 3,248,954 $ 4,038,CA8.4 4.9% As */ of total sales 11.4`x, 11.6n> iL5' 11.7.x. 12.1 =. 12.1% Net profit txfnt - taxes ;, :,15.1_,73 $ '+ :4,143 11, 55;:',685 j, 5 1,C i:3 $ =189.484 E. 508.127 As % of total salmi T:- 1.73� l.r 1.5'7G 1.51116 (Net piety profit in g ;_!��, ?' - - r,r�r� 1. 3'4 171 1 __ u'' =' 1 ,c�.i_ 4 _ � constant 1�� 2 dcdlars? I °Jew - :'chicle rk?partnn�nt sales 9 1 .:E1,v91 71C� �_ 1r., },?0.11 6 _,54 t rf,c. of total Sa les 9 ,F� °4 =,9.' =fro �J �.'�'m. 610.;_X, 59,0% IF_ 1_s'911r.�1. J�p�llflllellt- =1195 11 "._!4= ,'��_ '1� �.1 _,_� -l. 1� '_',.__ _•$ i� !.'� �7,1,_ri j _,__�.:GL, 1 •_1,Ilrs�� - _ ir.: 4 of total:.ala_ "?.6:: ?8. ' > ?7.6'X. 2'8.1'x:, x, 1 - 2 4 `. -jnn 3 pert= sale' =. 1 �.�?.1,51, -. 1. Cr�,l 11. _._.'7 `j, O_ 3-4 t. , -14.�_0 f. 4.013.12, 1 of total salis 11.° � 1L�:r6 11.5'. 11.7 0. 11.'?'% 12.07% .x'..451 1, _ "'8, '7 a:�raIlin2.l -�riee 3, 1? c4i� �h 1;.1 ?c 9� 14._-17 7� 1 l ��'3 1 14 �it2 n t a,��:rttl r', ,f 12 --.1) it -1i 7 1� - -� - = i 1 + =,C�.1 �1 1• )��.74�� _ _ FJ t I n fit i nit ti ih _-.. _5 1';> 4 Z_ Source: National Automobile Dealers Association, 2007 o The table shows steady declines in all performance measures leading up to 2007. From 2002 to 2006, dealers consistently sacrificed increases in gross revenue to higher total expenses. From 2005 to 2006 gross sales revenue increased 0.7% while total expenses increased 1.9 %. Accordingly, net profit before taxes declined annually since from 2002 to 2006. In 2007 dealers increasingly realized gained efficiency and were able to keep expenses as a percent of total sales constant. The result was an increase in net profit for the first time in five years. Fishkind & Associates, Inc. 6 Agenda Item No. 8C October 14, 2008 Page 17 of 139 2.3 Dealer Sentiment o NADA's Industry Analysis Division maintains a national dealership optimism index. The index gauges dealers' confidence about the overall outlook for the automotive market. o Table 2.3.1 below shows the relationship between the optimism index and new car sales volumes. Table 2.3.1 200 1,5 t• i h r � 125 ''ai k ,r" = R ` '.�' F. "pf t r F �+F } Eu �.. f�fd•"xt�A. i 3 -rI RADA Ohtintisen Index New - vehicle sales o, 1966 190 I988 1989 1490 1991 1992 1993 1994 1995 1996 IM 1998 1499 2000 2001 2002 2,003 20N 2O05 2006 2007 2O0R incase; Araas;e Crns'n Source: National Automobile Dealers Association, 2007 o The table shows there is a moderate correlation between the optimism index and the number of new car sales annually. In recent years this relationship has become even more pronounced. This indicates that dealers have increasingly been able to assess and monitor changes in the industry thus enabling them to be more adaptive in creating solutions. This is especially noteworthy given the declines in profitability from 2002 to 2006 outlined in Table 2.2.1 above. Fishkind & Associates, Inc. 7 Agenda Item No. 8C October 14, 2008 Page 18 of 189 2.4 Dealer Consolidation o Table 2.4.1 shows the number of existing dealerships arranged by annual sales volume over three 10 -year periods in time. Table 2.4.1 o It is very clear from the table above that over time consolidation in the industry has taken place through the acquisition of smaller dealerships and the expansion and disposition of smaller functionally inadequate facilities. The number of dealerships with annual volumes below 400 units has been steadily declining while those with sales of 400+ units annually have been increasing. This trend represents a significant structural shift in the automotive industry as it relates to the functional utility and size of the dealership facilities. Through consolidation, dealers are able to achieve greater economies of scale which reduces costs and in turn enhances consumers' choices and price savings. Fishkind & Associates, Inc. 8 Agenda Item No, 8C October 14, 2008 Page 19 of 139 Y_. 2.5 Summary of National Trends in the Automotive Dealer Industry o The preceding overview provides insight into market conditions for the automotive industry and the structural changes relating to the size and functional utility of the dealer facilities. Specifically: • Dealer total sales revenue increased in 2007 after declining for the past few years • Dealers were able to efficiently manage expenses in 2007. In the past increases in gross margins were sacrificed to increased total expenses • Net profit and net worth increased in 2007 after declining from 2002 to 2006 • Dealers are becoming increasingly able to factor information in adapting to market conditions • There has been a decline in the number of small volume dealers and an increase in the number large volume dealers. This structural change reflects the industry's move to achieve greater economies of scale. Fishkind & Associates, Inc. 9 Agenda Item No. 8C October 14, 2008 Page 20 of 1310 3.0 Regional Trends in the Automotive Dealership Industry o The following section provides an outline of regional trends in the franchise automotive industry. These trends provide insight into the local market for auto dealerships and illustrate changes in the functional utility and size of facilities. 3.1 Analysis Area o For purposes of providing a regional overview, the Consultant has included all automotive dealerships within a 30- minute drive time of the Project. This boundary provides a representative sample of dealers in the region. The analysis area is shown in the map below. Map 3.1.1 jt \1 C'IRKSC RE Al ROAD C. �L cJb:rta GEq�jH ^_ T� I M1 P�o If, Tt A Sy J c L� I Fishkind & Associates, Inc. 10 r�} . Y Map 3.1.1 jt \1 C'IRKSC RE Al ROAD C. �L cJb:rta GEq�jH ^_ T� I M1 P�o If, Tt A Sy J c L� I Fishkind & Associates, Inc. 10 Agenda Item No. 8C October 14, 2008 Page 21 of 139 o The boundary includes 35 dealerships of all facility and land sizes (in addition to the subject site), occupying 156.3 total acres. The sites are comprised of 456,449 square feet of building area on 6.8- million square feet of land area. (Details provided in Appendix 1). 3.2 Dealership Growth and Population Growth o Table 3.2.1 below shows cumulative population growth in relation to growth in auto dealership building area from 1988 to 2008 for the 30- minute analysis area. (Note: building area includes only vertical structures). The Consultant has utilized 1988 as the base year for the overview to provide a 20 year development timeframe. Table 3.2.1 Source: Collier /Lee Property Appraiser; I -Site Census -based Demographics Package o The table illustrates a very strong positive correlation between population growth and auto dealership building area (a statistical correlation coefficient of 0.9406 where a coefficient of 1.0 indicates perfect positive correlation and linear dependence). Over this period, on average, there were 2.10 square feet of auto dealer building facilities developed per person. o The table also shows a significant increase in the development of building area from 2003 through 2008. This is consistent with the consolidation occurring at the national level explained in Section 2.4. In a move towards increased economies of scale, dealers with annual sales greater than 400 units have increased in number and require more building area to support ancillary activities that are not offered by smaller dealers such as service /repair, onsite financing and increased used car sales. Fishkind & Associates, Inc. 11 500,000 250,000 450,000 — 400,000 200,000 LL 350,000 w c o = 300,000 c 150,000.2 N a a 250,000 ao c 200,000 100, 000 c M M 150,000 100,000 50,000 50.000 0 0 1988 1991 1994 1997 2000 2003 2006 Year Cumulative Bldg Area -+-30 -Min Population Source: Collier /Lee Property Appraiser; I -Site Census -based Demographics Package o The table illustrates a very strong positive correlation between population growth and auto dealership building area (a statistical correlation coefficient of 0.9406 where a coefficient of 1.0 indicates perfect positive correlation and linear dependence). Over this period, on average, there were 2.10 square feet of auto dealer building facilities developed per person. o The table also shows a significant increase in the development of building area from 2003 through 2008. This is consistent with the consolidation occurring at the national level explained in Section 2.4. In a move towards increased economies of scale, dealers with annual sales greater than 400 units have increased in number and require more building area to support ancillary activities that are not offered by smaller dealers such as service /repair, onsite financing and increased used car sales. Fishkind & Associates, Inc. 11 Agenda Item No, 8C October 14, 2008 Page 22 of 130 3.3 Dealership Density o Table 3.3.1 on the following page shows the cumulative auto dealership building size developed for the same 20 -year period and the corresponding density. Density is measured by a floor -area ratio ( "FAR ") which is the ratio of building area to land area. Table 3.3.1 500,000 0.090 450,000 0.080 400,000 0.070 LL 350,000 y 0.060 3 300,000 a 0.050 250,000 Q —° 0.040 " m 200,000 c 0 150,000 0.030 M 100, 000 0.020 50, 000 0.010 0 il 0.000 1988 1991 1994 1997 2000 2003 2006 Year CumulaUveBldg Sqft —*--FAR Source: Collier /Lee Property Appraiser o The table shows that over the past 20 -year period auto dealerships in the region have become increasingly more dense, meaning more building square footage has been added to existing land holdings. This local trend is supportive of and consistent with the national trends explained earlier in this report. Fishkind & Associates. Inc. 12 Agenda Item No. 8C October 14, 2008 Page 23 of 139 3.4 Automotive Dealership Forecast o Utilizing the historical relationship between auto dealer facility size and population growth within the 30- minute analysis, the Consultant has forecasted the potential supply of facility square footage for our population. o The data in Section 3.2 above indicate there is a very strong positive correlation and linear dependence between population growth and auto dealer building area development (coefficient of .9406). Given the economic diversity of the local population, and the relationship of dealership facility size increases, it is our conclusion the current market will require additional facility square footage to accommodate the future growth of the area. o Table 3.4.1 below shows cumulative population growth and the associated auto dealer building space forecast for the 30- minute area utilizing 2009 as base. Table 3.4.1 Source: Collier /Lee Property Appraiser; I -Site Census -based Demographics Package o The table shows that in 2010 there is forecast to be over 27,500 additional square feet of auto dealer building area in the market. By 2020, this increase is expected to reach over 235,010 square feet. o Based on the data above, a relationship of 2.10 square feet of auto dealership space per capita is expected. However based on the consolidation trends identified above, it is more likely the additional space will be comprised of the expansion of existing facilities or the replacement of older, functionally inadequate facilities, and not the development of new sites. Fishkind & Associates, Inc. 13 Agenda Item No. SC October 14, 2008 Page 24 of 139 4.0 Market Need Conclusions o The Consultant has analyzed the structural shift in the economics of the automobile industry and related those changes to the functional utility of dealer facilities. The changes seek to achieve greater economies of scale for franchise dealers which in turn benefit the consumer. The general items associated with this change are: ■ Consolidation of franchised dealerships ■ Increased density of sites ■ Expansion of existing sites ■ Increase in ancillary facilities ■ Elimination of functionally inadequate and dated dealer facilities o Consumer benefit, and welfare is greatly enhanced through the achievement of economies of scale for a number of reasons: ■ Employment — Job creation through expansion of existing operations ■ Product Quality — Expansion leads to greater specialization ■ Flexibility — Rebates, incentives, special offers, warranties ■ Diversity — Differentiated product offerings • Proximity — Less travel distance to satisfy preferences ■ Efficiency — Less waste /environmental impact ■ Price Savings — A result of all gained efficiencies o Within a 30- minute drive time area of the Project there is the potential for an additional 235,010 square feet of auto dealer building area by 2020. It is likely that most of this space will take place in the form of expansion of existing dealers; however, some new development will occur to replace older, functionally inadequate facilities. o From the research and analysis prepared above, it is the Consultant's opinion the Client's request for an additional 70,000 square feet of space on the existing site is well within the parameters of need for more auto dealership building size within the market. Fishkind & Associates, Inc. 14 C 1-7) J O r-`-N �vv tb U CO "D U n C O D Q Z O ^-^ 'U^ V W W J W x B Z W CL H Z 0 U W J J O U O 00 O V h O) h w Q1 D) w O m w Q) O W Q7 h O D7 LO h W N O) O) 01 00 W O) 0 D1 M h W O O N h O N m O O) LO h m O N O) O O O O Q) V w O h O N h O O 01 Qn l0 m Q) h O N h O N h O C, h O N Z W H J m Y y N ¢ J U m J U a = a (n Q O N Q O Q M— Q u_ Q a 2 a Q a 2 a Q S C7 a U Q N W Q 0. 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O O O C co O OD O co (D co (D 00! co 7 (D N O N O co 0 O (f i (D O O CD M co N N O O O O OI tD O O M V to (O lO N' M O r r N O J co O (D O O O co O co O co O O r r to W co tf) W co to. cO to (O O - cO to N '� to �Y (0 �t (o N (o (o .- tD (D, CD O (D O M O co O O O O rt to V (o V' to C to V to 7 C N Lo to to N V V 'C' V V C V U- O r r- n � l r- to r- O r. r� (n (n (n O O O O O O r-- co O O O O o O O O O O O O O to r.- in n t!7 r- to r- to r- to r. to r- a a Q w N Q O DL _>1 C 7 O U a) O U s Agenda Item No. 8C October 14, 2008 Page 29 of 139 APPENDIX 3: INVENTORY WITHIN 2 -MILE RADIUS OF PROJECT PLEASE SEE PARCEL DATA ON ATTACHED CD Agenda Item No. 8C October 14, 2038 Page 30 of 139 Go ,-r (Z;014ftty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: AUGUST 21, 2009 SUBJECT: PUDZ -A- 2007 -AR- 11914, GERMAIN TOYOTA CPUD PROPERTY OV7 INERIAGENT: Owner: Robert L. Germain, Jr. Gcrmain Properties of Columbus, Inc. 13315 N Talniami Trail Naples, FL 34110 Agent(s): Dominick J. Alnico, Jr., P.E. Agnoli, Barber & Brundage, Inc. 7400 N. Talniarni Trail, Suite 200 Naples, FL 34108 REQUESTED ACTION: Robert Mulhere, AICP RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone of the subject 13.05-x1- acre site from a Planned Unit Development (PUD) to a Commercial Planned Unit Development (CPUD) to be known as Germain Toyota CPUD. GEOGRAPHIC LOCATION: The subject property is located at 13329 Tamiami Trail North; lying in the southwest quadrant of the intersection of Tamiami Trail North (US 41) and Wiggins Pass Road (CR -888), in Section 16, Township 48 South, Range 25 East, Collier County, Florida. (See location neap on the following page) Page 1 of 13 (-)COO-) IoM CD r N O ID� r � r M (3) N — -0 0) -0 oa Q] O o� 4 2 WwaSTON tin L ;o, g _ n seal � 3ht ivlu3dnl ana o s 9$2$ a� ffiT ocw Iwssv»m } Gym 1lohrin.11MO Y 6v �s § j �E N LS I1 yy Qw w^z O x ,y/ d CV Ob 9 U d CL U 1+ 1 qq n QIOY lUMXOD GDl' I, i4} — .5.� 1NN1 IY(VIMIl 4Pr b51 ygtl i `a .� IT -a I c A TANNIN `IMR WA411 Q1g F3� t S 1 iC 3� - G 8 �7 U IjURj llwaxo >w S 1 Y 5 3MI 3UIN30 U. � w GDLF w 3NVl 1SNA a I a � I g o � 3hI60 lvnv� ONVLiD a Q Q 2 0 z z 0 N CL Q Z 0 Q U V II h!I d� d N a. f WwaSTON tin L ;o, g n seal s 9$2$ a� ffiT ocw Iwssv»m } Gym 1lohrin.11MO Y 6v �s § j �E LLJ w^z O x Ob 9 1+ 1 qq n QIOY lUMXOD GDl' I, 4Pr b51 ygtl i `a .� IT -a I c A TANNIN `IMR WA411 Q1g F3� t S 1 iC 3� - G 8 �7 U IjURj llwaxo >w 0L6f 1 Y pia �$0 of MEXICO � GDLF Q Q 2 0 z z 0 N CL Q Z 0 Q U V II h!I d� d N a. f Agenda Item No. 8- October 14. 2008 Page 32 of 139 PURPOSE/DESCRIPTION OF PROJECT: The request is for a PUD to CPUD rezone from the Germain Automotive Facility PUD Zoning District in which Ordinance Number 90 -50 is repealed with the adoption of the Germain Toyota CPUD Zoning District. The purpose of this petition is to increase the maximum building area from the approved maximum 60,000 square feet to 130,000 square feet, increase the height of the building from 50 feet to 55 feet with an actual height of 65 feet. The proposed CPUD will also provide an enclosed parking garage with a height of 55 feet and a actual height of 65 feet. The petitioner is also proposing to add additional structures onsite such as a new showroom and offices. The petitioner is not proposing to change the currently approved land uses that include an automobile dealership with showrooms and an automobile service and repair facilities and no new uses are proposed. Furthermore, the applicant is not requesting deviations from the Land Development Code (LDC). The revised CPUD Master Plan for this petition depicts the generalized areas of development. It also depicts the Eagles Nest Management area, Wetland Jurisdictional Line, and traffic access which is from Tamiami Trail (US -41). SURROUNDING LAND USE AND ZONING: Subject Parcel: Germain Automotive Facility, zoned PUD Surrounding parcels: North: Auto Dealership, zoned General Commercial (C -4) South: Auto Storage, zoned General Commercial (C-4) East: Improved commercial, zoned Convenience (C -2) & Intermediate Commercial (C -3) West: Future Citizen Camp and single- family homes and condominiums, zoned Community Facility (CF) and Residential Multiple - Family -6 (RMF -6) c.oniga Ma Page 3 of 13 464 ny'c dm� Fi, p__w s': a 13:L7 a7 __ onmg Q l tp rT� h1H o FLU! hAUA. y - wv 132x0 } :,t_.I .Srrrr: PUD z ChmamAlnasotweFStilly J 'R:25 1LO.`. -� L.mtrr9: CT _��: .1 = J C _- - C 79» •Y _ IL ?oninrg: C -a = ❑ �. L LW EiT- u7n >n�: A -GiJL F'CtYl�FZS E'6 LLj(} ;. � Page 3 of 13 Agenda Item No. 8C October 14; 2008 Page 33 of 139 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCE': Future Land Use Element (FLUE): The subject property is designated Urban — Commercial District, Mixed Use Activity Center Subdistrict (MUAC No. 20, US 41 and Wiggins Pass Road) as identified on the Future Land Use Map within the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Mixed Use Activity Centers are intended to be mixed use in character; they allow the full array of commercial uses and are "...designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community" The existing PUD was approved in 1990. Although the controlling Mixed Use Activity Center (MUAC) Subdistrict provisions have been amended since that time, no revisions have been made that would impact the consistency of this request to increase the commercial building space or modify development standards. This petition was previously scheduled to go before the Collier County Planning Commission (CCPC) on May 15, 2008. The applicant continued the CCPC hearing because concerns were raised that the applicant did not complete a Market Demand Analysis. Staff originally did not require the applicant to submit the Market Demand Analysis because the applicant was not requesting additional land uses for the proposed amendment. One of the factors to consider during review of a rezone petition for a project within the Activity Center is to submit a Market Demand Analysis to be used as a guide to explore the feasibility of the requested land uses. The applicant agreed to submit the analysis since the proposed amendment will increase the Commercial intensity within the area. Additionally, the applicant needed to provide documentation that the Bald Eagles Management Plan area and Preserve area were permitted prior to this application. Market Demand Analysis. The firm of Fishkind & Associates, Inc. prepared a Market Needs Analysis analyzing market conditions for assessing the automotive dealership needs of a growing population. The standard factors to consider during review of a rezone petition within an Activity Center include the patterns of land use, the amount, type and location of existing zoned commercial land, and developed commercial uses, both within the MUAC and within 2 road miles of the MUAC, and; the market demand and service area for the proposed land uses. The amount of commercial Iand in Mixed Use Activity Center No. 20 is approximately 47.8 acres, while 1.37 acres of the MUAC commercial land inventoried is presently vacant. (Source: Appendix 2 — Fishkind & Associates Analysis) The amount of commercial land within the Lee County portion of this 2 -mile radius is about 29 acres; the amount of commercial land within the Collier County portion of this radius is about 216.2 acres. Approximately 4.5 acres of the Lee County commercial land inventoried is presently vacant, while 99.1 acres of the Collier County commercial land inventoried is presently vacant. The amount of land devoted to automobile dealerships is about 1.5 acres in Lee County and 28.8 acres in Collier [excluding the subject property]. (Source: Appendix 3 — Fishkind & Associates Analysis) Page 4of13 Agenda Item Flo. 8C October 14, 2008 Page 34 of 139 Franchise automobile dealerships are specialized businesses with service areas specified by the manufacturers whose makes are being sold there, so this two road -mile study area for commercial land and commercial uses is not indicative of the automotive marketplace and was not used as the basis for this Market Needs Analysis. The Fishkind analysis utilizes this dealership's regional service area, generally representing an area defined by a 30- minute drive time. The regional service area, approximated by this 30- minute drive time, extends generally: to the north side of Alico Road and as far as Daniels Parkway at 1 -75 (N); Collier Boulevard and as far as Everglades Boulevard at Oil Well Road (E); to the south side of Rattlesnake Hammock Road (S); and to the Gulf of Mexico (W) — varying from 12 to nearly 20 mile distances. This regional service area encompasses 35 dealerships, occupying more than 456,000 square feet of building area on 156 acres, in both Lee and Collier Counties. (Source: Appendix 1 — Fishkind & Associates Analysis) The studied area's population nearly doubled between 1997 and 2007 to more than 250,000 people. This area is projected to grow by less than one -half that rate, seeing an additional 110,000 residents by 2020, based on .Tune, 2008 estimates and projections prepared by the County's Comprehensive Planning Department. The analysis, establishes a correlation between automobile dealership space demands and the population in the service area with a floor area ratio (FAR) — revealing regional auto dealerships are increasingly denser. This increasing density means more square footage is being added to existing land holdings. The automotive dealer's marketplace is assessed, indicating, "it is likely that most of this [additional building space] will (continue to) take place in the form of expansion of existing dealers; however, some new development will occur to replace older, functionally inadequate facilities ". In conclusion, the Analysis reports dealership expansions of another 212,000 square feet will be needed to satisfy the market needs for automobile sales and services by 2020. Approving the proposed Germain Automotive Facility CPUD amendment will provide 70,000 square feet toward meeting these needs. Staff concludes the requested PIanned Unit Development amendment may be deemed consistent with the FLUE of the GMP. Transportation Element: The surrounding roadway network was analyzed on the basis of projected build -out traffic conditions. Based upon the Transportation Impact Statement (TIS) submitted, all roadway segments that will be impacted as a result of the Germain Toyota CPUD project will operate at an acceptable level of service. The proposed amendment produces 40 P.M. peak hour, peak direction trips on Tamiami Trail (US- 41) which represent a 1.13 percent impact on the adjacent roadway. Tamiami Trail (US -41) has a service volume of 3,520 trips, with a remaining capacity of approximately 112 trips between Wiggins Pass Road (CR -888) and Immokalee Road (CR -846); and is currently at a Level of Service (LOS) "E" as shorn in the 2007 Annual Update and Inventory Report (AUIR). The project will produce 56 PM peak hour, peak direction trips on Wiggins Pass Road (CR -888) which represent a 5.33 percent impact on the adjacent roadway. Wiggins Pass Road (CR -888) has a service volume of 1,050 trips, with a remaining capacity of approximately 536 trips, and is currently at LOS "B" as shown in the 2007 AUIR. The adjacent roadway has sufficient capacity to accommodate this project throughout the five -year planning period. Therefore, the Germain Toyota Page 5 of 13 Agenda item No. 8C October 14, 2008 Page 35 of 139 CPUD Rezone application can be considered consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation & Coastal Management Element (CCME): Environmental Services Staff reviewed the CPUD document and did not have concerns within the CPUD document or the Master Plan. The applicant was not required to submit an Environmental Impact Statement because it was previously impacted; therefore, the petition was not heard by the Environmental Advisory Council (EAC). ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria. upon which a determination is based. The criteria are noted in Sections 10.03.05.1, and 10.02.13.B.5 of the Land Development Code (LDC). The staff evaluation establishes an accurate basis to support the reconunendations of staff. The Collier County Planning Commission (CCPC) uses the same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the staff report (Attachment "A" and Attachment "B "). Bureau of Emergency Services Analysis: The Germain Toyota CPUD rezone is located in a Category Two (CAT 2) hurricane surge zone, which requires evacuation during many hurricane events. While there is currently no impact mitigation required for this, it should be noted that approval of this CPUD increases the evacuation requirements for the County. The CCPC has requested in the past that the BCC provide definitive direction to EMS Staff concerning impact mitigation. Impact mitigation could be applied to compensate for project's impact on evacuation and sheltering requirements in Collier County. Utility Analysis: The Public Utilities Division staff has reviewed and has no objection to this petition. The project is located within the Collier County Water and Sewer District and is subject to the conditions associated with a Water and Sewer Availability Letter from the Collier County Public Utilities Division at the time of site development plan (SDP) approval. According to County records, there is a 12 -inch water main and 16 -inch force main on Tamiami Trail North (US -41) and Wiggins Pass Road (CR -888) that serves this project. Environmental Analysis: Environmental Services Staff has reviewed the petition and has incorporated safeguards within the CPUD document to ensure compliance with the environmental regulations for the Bald Eagles Nest. Staff requested to have The Bald Eagle Management Plan (BEMP) modified from the original plan to be more consistent with the Florida Fish and Wildlife Conservation Commission (FWC) Draft Bald Eagle Management Plan. The Management Plan includes the 330 feet and 660 feet protection zones and includes other protection measures for the eagle. The FWC are moving to de -list the species because of the increased number of bald eagles in Florida over the past few decades. The goal of the management plan is to maintain a stable or increasing bald eagle population throughout Florida. The bald eagle is classified as threatened by the FWC and will not be delisted until the management plan, developed with public input, is Page 6of13 Agenda Item No. 8C October 14, 2008 Page 36 of 139 approved by FWC Commissioners. The management plan will ensure the bald eagle continues to be protected and thrive in Florida. The bald eagle will remain protected by the Federal Migratory Bird Treaty Act and the Federal Bald and Golden Eagle Protection Act. Transportation Analysis: As provided for in Exhibit E (Transportation) of the CPUD document, the developer shall pay its fair share costs of intersection improvements to the intersection of Tamiami Trail (US -41) and Wiggins Pass Road (CR -888); as well as Tamiami Trail (US -41) at Old US -41 (CR -887), at such time that the intersection improvements are funded and designed. Zoning and Land Development Analysis: Staff reviewed the appropriateness of the requested PUD to CPUD rezone of the automotive dealership and accessory land use's intensity on the subject site. The compatibility analysis included a review of both the subject proposal and surrounding properties as to allowed use. The review was based on the intensity of the use, similar development standards for C -4 Zoning District (building heights, setbacks, landscape buffers, etc.), and architectural features, the amount of open space and traffic generation. Since the applicant is repealing Ord. No. 90 -50 and replacing it with the proposed CPUD, staff did not require the agents to do a strike- through underline version of the CPUD because the entire document would have to be struck - through. However, the table below provides a comparison of the current PUD development standards with the proposed CPUD: PUD to CPUD comparison chart Approved Ord. No. 90 -50 Proposed CPUD document Location in PUD document Section III - Exhibit B — Table 1 Development Regulations Building Height 50 feet Zoned height LActual height 55 feet 165 feet ,Setback from US41 75 feet 50 percent of the building height, of less than 25 feet ,Setback from south property line 80 feet 50 percent of the building height, of less than 15 feet Setback from west property line 100 feet -200 feet (abutting residential); and 50 percent of the building height, not less than 15 feet (abutting non- residential) Setback from north property line 0 feet j50 percent of the building height, l snot less than 15 feet Setback from conservation area 115 feet 25 feet Building Separation IMinimum 20 feet or 50 percent of 50 percent of the sum of building building height, whichever is greater height; not less than 15 feet The proposed CPUD will allow a maximum of 130,000 square feet of building area which is a 54 percent increase from the approved 60,000 square feet. The permitted principal use will be for the existing automotive dealership and its accessory uses such as off-ices and repair /service facilities. The development standards contained in Exhibit B of the proposed CPUD are based on the dimensional standards and intensity similar to the standards for General Commercial (C -4) Zoning District. As noted in the table above, the maximum zoned building height is 55 feet, which is measured from the finished floor to the highest point of the roof surface of a flat or Bermuda roof Page 7 of 13 Agenda Item No. 8C October 14, 2008 Page 37 of 139 and to the deck line of a mansard roof and the mean height level between the eaves and ridge of a gable roof. The actual building height will be a maximum of 65 feet as measured from the vertical distance from the average centerline elevation of the adjacent roadways to the highest structure or appurtenances. The current approved PUD only lists the building height of 50 feet but the LDC standards for a building height in the C -4 Zoning District is 75 feet. To mitigate for the increased building height abutting the Residential Multi - family (RMF -6) Zoning District along the western property line, the applicant increased their setback from 100 feet to 200 feet. The neighboring properties in the surrounding area have various commercial uses. The applicant also owns the parcels that lie north and south of the subject property. The northern property is the Germain Lexus Service Center and is zoned C -4 and the southern parcel is also zoned C-4 and was approved for an auto storage site for the Germain Automotive Dealership. The subject site abuts Tamiami Trail (US41) along the eastern boundary and adjacent to Tamiami Trail (US -41) is improved commercial development zoned C -2 and C -3. The property that is contiguous to the western boundary of the subject site is zoned Community Facility and is being utilized by The Future Citizen's Camp, which accommodates organizations comparable to The Boy and Girl Scouts of America. Also west of the subject site is Residential Multiple - Family -6 (RMF -6) Zoning District, and is composed mostly of single - family and multi - family residences. The RMF -6 Zoning District allows for residential structures to be situated in close proximity to public and commercial services, and has direct or convenient access to collector and arterial roads on the County major road network. NEIGHBORHOOD INFORTMATION MEETING (NIM): The applicant's agent held the required NIM on October 24, 2007, 5:30 PM at the Germain Toyota showroom, 13315 Tamiami Trail North. The meeting was attended by 15 people, including the applicant's team and county staff. The issues and concerns raised by the property owners included the Bald Eagles Nest; drainage issues raised by a neighboring property owner regarding a lift station behind the Gennain Lexus Service Center; building setbacks and the maximum building height; compatibility with the surrounding residential zoning; lighting from the parking Iots that glare onto the residential property; and the hours of operation of the auto servicing activity. Of those who spoke, the repeated concerns were: 1. Building height and noise problems, including annoyances from lighting. 2. rat infestation, and 3. car alarm noise on Saturday mornings before 7:00 AM. The residents complained that they have had little response from Code Enforcement or Germain property owners when concerns have been mentioned. Mr. Doug Fee also questioned whether the proposed CPUD would limit the maximum building height to 50 feet since that was the standard that was agreed upon in 1990. Staff reviewed the minutes from the June 6, 1990 BCC hearing and nothing was mentioned regarding limiting the building height to 50 feet. Staff was unable to find the CCPC minutes from the May 17, 1990 hearing to verify that Mr. Fee's statement was accurate. The agents agreed to discuss a 50 -foot height limitation with Mr. Gen -rain. Mr. Fee also requested that additional landscaping and a wall be provided between the site and the residential property along the western boundary. The agents did not agree to the landscaping request during the NIM but later accommodated the property owners by modifying the CPUD document to increase the setback along the west property line Page 8 of 13 Agenda Item No. 8C October 14, 2008 Page 38 of 139 abutting the residential property from 100 to 200 feet, as well as adding a 6 -foot opaque fence A neighbor living in a stilt house directly behind the Germain Lexus body shop voiced concerns about light, activity and noise. The agent for the applicant informed the property owners that the setbacks for the buildings will be 25 feet from Tamiami Trail North (US41) as well as from the westerly side of the property with the intention of keeping the structures farther back from the property boundary. He added that the maximum height will be 55 feet and the actual height will be 65 feet; the new buildings) will service customers, and not the vehicles. The agent also stated that the petitioner will pay their fair share cost for traffic improvements at Old US -41 (CR -887) and Wiggins Pass Road (CR -888) as well as traffic improvements at Tamiami Trail N (US -41) and Old US -41 (CR -887). During the petitioner's presentation of the conceptual architectural plans, a property owner asked if a parking garage for vehicle storage would be considered. The petitioner's Engineer, Jeff Nunner, promised to discuss with the petitioner the idea of the parking garage and, if this is agreed upon, to include it in the CPUD document. The Master Plan depicts an area intended for a parking garage. He finished the meeting by saying that 30 percent of 13 acres will be used for landscaping, buffering and preserves. FOLLOW -UP OF THE CONCERNS DISCUSSED DURING THE NIM: After the NIM, the petitioner's agents and County staff discussed how the current automotive dealership is being managed as well as issues regarding the maintenance of the retention lot, rat infestation in the surrounding area, early morning noise coming from car alarms, loud music, and profanity from dealership staff. According to the minutes of the BCC hearing (Attachment E) held on June 6, 1990 when the PUD was first approved, Mr. Bob Germain stated that there will be no outside work on the proposed site. He indicated that all work pertaining to his business will be done inside the facility with all doors closed, thus preventing a noise problem. He further noted that, if need be, he will eliminate the public address systems and loudspeakers in exchange for pagers and beepers. Section 3.10.0 of the approved PUD (Ord. No. 90 -50) prohibits loudspeakers and outside public address systems; the proposed CPUD document prohibits these items as well. In response to the concerns raised during the NIM, the applicant, Mr. Robert Germain, sent a letter to the surrounding neighbors indicating how his company would address those concerns. After the letter was sent, staff again spoke to the agent expressing apprchcnsion over the complaints received subsequent to the NIM. The agent responded to staff in their resubmittal letter, stating, "South Florida Water Management District (SF«- MD) regulations require development of properties to not adversely affect off-site properties with regard to drainage. This project has and will continue to comply with these rules. Germain Toyota site does not drain the areas reported to have these difficulties now, nor will it in the future. The area in question is related to the Germain Lexus Service Center and the detention area located adjacent to the residential uses. This area is currently being maintained and should not cause any issues for the neighbors." A letter was sent to staff regarding the drainage issue behind the Germain Lexus Service Center (Attachment C), and staff replied with a letter to Joyce and Paul Maggard to inquire if the retention area had been cleared and was being maintained, and to verify if their concerns had been addressed. Unfortunately, to date, a response has not been received. In addition to the Maggard's letter, a letter Page 9 of 13 Agenda Item No. 8C October 14, 2008 Page 39 of 139 and petition from a property owner citing issues related to the Germain Lexus Service Center and the noise and activity during the weekend (Attachment D) was hand delivered to staff. The author Karen Faulkner gave details of the retention areas condition, pointing out debris and discarded car parts. After the NIM, however, Germain representatives had cleaned the area. Staff understands that this petition is not for the Lexus Dealership, but since the property owner for this petition and the next door Lexus Dealership are one and the same, staff is including Ms. Faulkner's letter as part of the staff report. Staff conducted further research and discovered that Germain Automotive was served with a pollution control violation for the rear west side of the property just south of the property that is the subject of this petition. As mentioned on page 3 of this staff report, this parcel is used for auto storage. Adjacent to this auto storage parcel is a parcel of land owned by Conservation Collier as conservation preserve area. The preserve area is predominantly wetlands that drain into the estuary directly upstream from Wiggins Pass State Park. A staff site visit in July 2006 to survey the wetland area prompted a pollution complaint to the Florida Department of Environmental Protection (FDEP), South District. An environmental assessment was conducted and a notice of Violation of Chapter 62 -730, F.A.C., titled Hazardous Waste, was filed. The violation stated that "poor management practices in the past allowed used oil, paint waste, batteries, auto parts debris, miscellaneous trash, and other items to accumulate along the buffer area between the mechanical shops and the presen e." FDEP staff contacted management at Germain Automotive to inform thern of the corrective measures needed to comply with the pollution violation. On July 12, 2006, a second site visit was conducted at the wetlands parcel in question. Gennain personnel had cleaned up all the debris and removed all the miscellaneous car parts and used tires. Because this area is located directly adjacent to the proposed Germain Toyota CPUD, and the property supports the automobile dealership as well as being under the same ownership, staff is of the opinion that it is appropriate to address the above violation. More importantly, the auto storage parcel is adjacent to preserve areas, which are susceptible to soil contamination that can occur as a result of accidental spills or through improper use, management or disposal of materials. Given that hazardous wastes from automobile repair shops are reactive, ignitable, corrosive, and toxic, and these hazardous materials can pose a significant risk to health, safety, property and the environment. Collier County Pollution Control Department (PCD) performed a Small Quantity Generator (SQG) inspection on 05/15/08 at the Germain facilities at the intersection of US -41 and Wiggin Pass Road (CR -888). The facilities inspected were: 1. Germain Lexus 2. Toyota 3. Lincoln Mercury 4. Germain Used Car Big Lot An SQG inspection normally looks at the facilities management of its different waste streams along with an analysis of each facilities waste receipt from the previous year. Sometimes other issues Page 10 of 13 Agenda Item No. 8C October 14, 2008 Page 40 of 139 related to hazardous waste management are investigated in regards to their potential impact on the enviroiunent. Overall, the entire parcel and the immmediate area surrounding the outside of each building did not reveal any SQG non - compliance issues. Any potential issues reported earlier were resolved prior to CPR's visit. The areas of concern near the buffer zone and preserve located in the southwest comer of the property did have some minor trash and plastics scattered along the entire zone. None of which is a potential hazardous waste threat. The PCD staff spoke with each manager from each facility and staff stressed the importance of keeping this area clean and free of any type of debris. PCD will return in approximately 20 days to follow up on the recommendations given to the facilities staff. Inspections inside of the building revealed only minor noncompliance issues that mainly deal with labeling of used oil and used oil filter containers. Some secondary containment units held miscellaneous debris and trash, but none of which poses an immediate environmental threat to the preserve area. Most infractions were taken care of while PCD was onsite. A follow up drive by will be conducted in approximately 20 days after each facility returns it its letter of compliance to PCD. The applicant has added a Developer's Commitment to ensure that proper handling of hazardous waste disposal is incorporated into Exhibit E- Developer Commitments of the CPUD. Storage tanks and containers must have secondary containment with the capacity to hold 110 percent of the volume of the largest tank or container within the containment area. This stipulation is consistent with FDEP Rule 62- 710.401(6), P.A.C., which sets forth requirements for the storage of used oil. Rule 62- 710.401(6) refers to a "structure" without defining that term. In context, this term refers to those structures which will protect the used oil storage tank or container from the weather in much the same way as would a covering and/or proper use of lids. Any structure other than a building with four walls and a roof must be evaluated on a case -by -case basis to detennine whether it is expected to adequately protect the used oil from the weather (e.g. blowing rain). All tanks and containers, stored outside of a structure, regardless of their size, shall be closed, or otherwise protected from the weather. All containers whether inside or outside must either be double - walled or must be stored on an oil impermeable surface with engineered secondary containment. ENVIRONMENTAL ADVISORY COMMISSION (EAQ: The EAC did not review this petition because the site has already been developed on and did not require an Environmental impact Statement. RECOMMENDATION: Staff recommends that the Collier County Planning Conunission (CCPC) forward petition PUDZ- 2007 -AR -11914 to the Board of County Commissioners (BCC) with a recommendation of approval. Attachments: A. Rezone Findings B. CPUD Findings C. Joyce Maggard Ietters with photos and Mr. Germain Is response letter D. Karen Faulkner letters and photos Page I I of 13 Agenda Item No. BC October 14, 2008 Page 41 of 139 E. BCC minutes from June 6, 1990 F. SITUATIONAL REPORT From Pollution Control & Prevention Department Page 12 of 13 Agenda Item No. 8C October 14, 21008 Page 42 of 139 PREPARED BY: M LM TA ZONE, P IPAI, PLANNER ATt DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARRJJO�IE M. ST DENT-STIRLING DATE ASSISTANT COUNTY ATTORNEY RAY OND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW , � S 9 — A tJSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: ka�e)' --o' - oe-a ,09EPH . S Mff , AD ISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the October 14, 2008 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: ' 6VVL �. fit... 0? MAR. MAR.K P. STRAIN, CHAIRMAN DATE Page 13 of 13 Agenda Item No. 8C October 14, 2008 ATTAC14MENT A Page 43 of 139 REZONE FINDINGS PETITION PUDZ -A- 2007 -AR -11914 Germain Toyota CPUD Chapter 10.03.05.G of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The subject property is designated Urban — Commercial District, Mixed Use Activity Center Subdistrict (Activity Center No. 20), as identified on the FLUM of the GMP. Specific details about how this petition is consistent with the Future Land Use Map (FLUM) and the elements of the Growth Management Plan (GMP) are provided on page 4 of this staff report. Relevant to this petition, this Subdistrict permits the existing and proposed commercial development; therefore, the project is consistent with the GMP. 2. The existing land use pattern; The existing pattern to the north is an auto dealership, and is zoned General Commercial (C -4) and is owned by the applicant; the land use to the south is an auto storage site, and zoned General Commercial (C-4), and is also owned by the applicant; the property to the east is improved commercial, and zoned Convenience Conunercial (C -2) and -- Intermediate Commercial (C -3); and the property to the west is the Future Citizen Camp zoned Community Facility (CF), along with single - family homes and condominiums zoned Residential Multiple- Family -6 (RMF -6). The proposed project is consistent with the existing commercial land use patterns as explained in the staff report because the rezone complies with the GMP and Land Development Code (LDC) requirements. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The existing zoning is Planned Unit Development (PUD) and was approved on June 15, 1990 by Ordinance No. 90 -50 and known as Germain Automotive Facility, at the time of the initial zoning approval, the subject site was found that an isolated district was not created. The subject is also within a Mixed Use Activity Center Subdistrict (Activity Center No. 20), which encourages similar land uses. In regards to the nearby districts the location map on page 2 of the staff report illustrates that there are several other commercial developments in the area with similar land uses. For those reasons, the rezone request will not create an isolated district to the adjacent districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The location map on page 2 of the staff report illustrates the perimeter of the outer boundary of the subject parcel. The proposed CPUD parcel is the same boundary of the tax parcel. The boundary is consistent with the FLUM, as well as, it maintains a logical boundary between zoning districts in the area. Page 1 of 4 ATTACHMENT A S, Whether changed or amendment necessary. Agenda item No. 8C October 14, 2008 Page 44 of 139 changing conditions make the passage of the proposed The proposed PUD to CPUD rezone is not obligatory at this location. However, the request is reasonable because the new CPUD will allow for the expansion of the currently permitted automotive dealership use to meet demand. Therefore, the proposed CPUD rezone is appropriate because it adheres to the existing land use that was approved in 1990, 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The subject site was approved for commercial development in 1990 and the proposed development standards are similar to the development standards in the currently approved PUD as well as the standards contained in the LDC for the General Commercial (C -4) development in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding Iand uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The site generated trips resulting from the PUD to CPUD rezone will not lower the Level of Service (LOS) below the adopted LOS standard for Tamiami Trail North (US -41). The proposed CPUD produces 40 PM peak hour, peak direction trips on Tamiami Trail North (US -41), and the roadway network has sufficient capacity to accommodate this project throughout the five -year planning period. Tamiami Trail (US41) has a service volume of 3,520 trips, with a remaining capacity of approximately 112 trips between Wiggins Pass Road (CR -888) and Immokalee Road (CR- 84.6); and is currently at Level of Service (LOS) "E" as shown in the 2007 Annual Update and Inventory Report (AUIR). The Transportation Services Division has reviewed the proposed CPUD and has recommended approval of the petition based upon the project will not lower the LOS below the adopted LOS standard for the area_ S. Whether the proposed change will create a drainage problem; The proposed change should not create drainage or surface water problems because Section 4.03.01 of the LDC specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. The proposed water management and drainage is designed to prevent drainage problems on site and is compatible with the adjacent water management systems. Additionally, the LDC and GMP have regulations, in place that will ensure review for drainage on new developments. Although the LDC requires developments to design the project to reduce flooding on nearby properties, staff has received correspondence (Attaclunent C) from a property owner who lives behind the Germain Lexus Service Center who has experienced flooding issues. Pages 6 and 7 of the staff report provides further details about the flooding on nearby properties. Staff forwarded the letters to the developer, and since then, it appears that the developer addressed the flooding issues by cleaning the retention area. Page 2 of 4 Agenda Item No. 8C October 14, 2008 ATTACHMENT A Page 45 of 139 — 9. Whether the proposed change will seriously reduce light and air to adjacent areas; As depicted on the CPUD Master Plan the 25 -foot landscape buffer and the 1.9 acre preserve provides adequate Iight and air to the adjacent properties. The proposed development requires the site to conform to the development standards which are in Chapter 4 of the LDC, specifically in section 4.06.01 which is intended to improve environmental quality by reducing air, noise, heat, and chemical pollution through the preservation of canopy trees and the creation of shade and microclimate. The standards in Chapter 4 of the LDC provide for open space, corridor management, and building height restrictions, to protect the adjacent areas. The Master Plan commits twenty -five (25) percent for native vegetation requirement and Table II of the CPUD document provides the building height and setback standards which should ensure that the project will not reduce the light and air circulation on adjacent properties. 14. Whether the proposed change will adversely affect property values in the adjacent area; There is no guarantee that the project will not affect property values in the adjacent area, but the proposed Germain Toyota CPUD was previously approved for an Automobile Dealership (Ord. No. 90 -50). At that time, the commercial development was found to be compatible with the existing land uses in the surrounding area. furthermore, the proposed CPUD Master Plan illustrates that the existing and proposed structures will have a setback of 200 feet from the adjacent residential property and a 25 -foot landscape buffer together with a 6 -foot high fence or wall along the western boundary. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; As mention in Rezone Findings No. 10, this subject site was zoned for commercial PUD in 1990. Also, the proposed development will not be a deterrent to the improvement of adjacent properties because the majority of the properties are zoned commercial and the FLUM indicates the neighboring properties will remain commercial. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone is consistent with the surrounding area and is already zoned for an automotive dealership. In addition, the CPUD complies with the land use designation of the Urban - Commercial District, Mixed Use Activity Center Subdistrict of the FLUM, and is consistent with the GMP elements. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property is being utilized in accordance with the existing zoning; this petition is requesting a PUD to CPUD rezone allows the existing Toyota automobile dealership to expand its facilities to meet demand. Page 3 of 4 Agenda Item No. 8 October 14, 2008 ATTACHMENT A Page 46 of 109 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed rezone meets all objective criteria set forth for commercial and PUD zoning districts in the LDC and conforms to the goals and objectives of the GMP and all its elements. Furthermore, the proposed CPUD is compatible with surrounding property in scale. 15. Whether is it impossible to fmd other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites which are zoned commercial and could accommodate the existing development but that was not a determining factor since the site is currently being operated as an automotive dealership. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Any development would require some site alteration and the Germain Toyota CPUD will have to be evaluated during a site development plan (SDP) approval to execute the CPUD development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The proposed CPUD petition will have to meet all objective criteria set forth in Section 6.02.00 Adequate Public Facilities for commercial zoning as well as to conform to the goals and objectives of the GMP and all its elements. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP and they have concluded that no LOS will be adversely impacted because the proposed development is consistent with all Elements of the GMP. Page 4 of 4 ATTACHMENT B FINDINGS FOR PUD PUDZ- A- 2047 -AR -11914 Germain Toyota CPUD Agenda Item No. 8C October 14, 2008 Page 47 of 139 Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The project is located within the Urban - Commercial District, Mixed Use Activity Center Subdistrict of the Future Land Use Map (FLUM) and this district permits commercial uses with a variety of land uses. The CPUD rezone will intensify the land but relative to public facilities this project will be required to comply with all county regulations regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00 Adequate Public Facilities of the LDC. Exhibit A of the CPUD document states that the Germain Toyota CPUD shall be in accordance with all applicable sections of the Land Development Code (LDC) and Growth Management Plan (GMP) at the time of issuance of any development order. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as -` they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. The application has indicated that the project has evidence of unified control and Germain Properties of Columbus, Inc. will continue to maintain and operate the maintenance of the property. The documents were submitted with the Germain Toyota CPUD application and are provided as supporting evidence of unified control. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The project as proposed is consistent with the Future Land Use Map (FLUM) which designated the subject property as Urban - Commercial District, Mixed Use Activity Center Subdistrict. This petition has been found consistent with the goals, objectives and policies of the GMP. Page 4 of the staff report expounds in detail of how the project is deemed consistent with the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requireihents. The CPUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The external relationships are regulated by Section 4.07.02 of the LDC whicb has specific requirements for Page i of 2 ATTACFLMBNT B Agenda Item No. 8C October 14, 2003 Page 43 of 1`9 Development within a PUD Zoning District. The LDC states that all PUDs shall be compatible with established or planned uses of surrounding neighborhoods and property. The property adjacent to the north of the proposed Germain Toyota CPLTD is an automotive dealership zoned C -4 and the property adjacent to the south is an Auto Storage lot that is zoned C -4. In addition to the LDC's Chapter 4 regulations, the Development Commitments contained in Exhibit E of the CPUD document provides additional guidelines the developer will have to fulfill. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside on the Master Plan is the minimum requirement of the LDC provision for open space. While the commercial development is appropriate for the site, careful consideration must be given to the protection of the residential dwelling units from potential impacts resulting from the additional commercial development that will be constructed. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. No capacity issues are known at this time and the petition has been reviewed by all the required county staff and they have determined that no Level of Service (LOS) standards will be adversely affected. Policy 2.3 of the GMP mandate, "Continue the Certificate of Adequate Public Facility Adequacy regulatory program; which requires the certification of public facility availability prior to the issuance of a final local development order." Because of this provision, the development must be in compliance with applicable concurrency management regulation. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Currently, the utility and roadway infrastructure has adequate capacity to serve the proposed CPUD as well as the surrounding development at the time of build -out of this project. S. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Staff has reviewed this petition for adequate public services and levels of service and found it is consistent with the Future Land Use Element (FLUE) and it meets all the elements of the GMP. Additionally, Germain Toyota CPUD contains development standards that are comparable to the development star -dards contained in the LDC for General Commercial (C -4) Zoning District. Furthermore, the proposed building heights, setbacks and development commitments ensure a similar product to that of the adjacent properties. Page 2 of 2 Agenda Item No. 8C October 14, 2008 Page 49 of 139 3291 7t" Ave S.W, Naples; FL 34117 November 1, 2007 Dean Ms. Zone, I wanted to touch base with you after our neighborhood open house meeting. I've enclosed with you a letter from Mr. Germain and my response to his letter. I have also enclosed a few pictures of Mr. German's retention lot. I spoke with code enforcement only a month ago and Ron Martindale said there was Nothing they could do about the lot so I was glad that you had this meeting. I have Also called inosquito control and complained about the lot. It will be interesting to see how this all works out, I appreciate your interest and thought you did a good job keeping everyone on subject. Sincerely, j Joyce Maggard NOV zaNUMQ ° p"2fIpI rkeNr Attachment "C" Agenda Item No. 8C October 14, 2008 Page 50 of 1;0 �t COLUMBUS + MAPLES . SARASOTA October 25, 2007 Dear Valued Neighbor and Customer, Although I was not able to attend the Neighborhood Open House at our Toyota Store Wednesday night, I have been made aware of the concerns that you brought to our attention. Among them are: 1) Lack of maintenance of our retention lot on Center Labe 2) A rat problem resulting from that lack of maintenance 3) Water runoff from our parking lot into the neighborhood 4) Early morning noise including motorcycles and car alarms 5) Loud profanity from our Reconditioning Center behind the Lcxus building Finally, and most important, a lack of response to your calls reporting incidents and problems. I any addressing your concerns immediately and ask that in the fuWre, you call me directly to report any issues you have with our dealerships, My office number is 592- 5550, ext, 250. You may also call Ed Virtue, our Facility Maintenance Manager, at 821- 1 835. We take great pride in the way we maintain our dealerships and the proposed new facilities will be cleaner, quieter and much more attractive. We hope you will support our new project and again, please don't hesitate to call me with any questions: Sincerely, Ra . Germain, Vice President 0801 pw _ Aeuna MYO?A LEMS k'if7kli AA. 13315 N. Tamlaml Trail, Naples, Florida 34110 Phoao:(239)592 -5554 Fax: (2a9) 592.1II44 WWW.gormninCAMODM Attachment `cC» 32917" Ave S.W. Naples, FL 34117 November 1, 2007 Dear Mr. Germain, Agenda Item No. 8C October 14, 2008 Page 51 of 139 I was sorry that you were not at the neighborhood open house meeting. I'm glad that you were made aware of our concerns. My husband bought our House on Center Lane in 1976. We had a beautiful empty lot beside us and behind us. It was a quiet neighborhood. We were able to play baseball with our sons there. Now we have your retention pond that has not been cleaned or maintained in over 10 years. It is a mosquito haven Even in a drought there is muck there. We have lost renters in our house because of rats running; from your property. Our backyard now floods during the rainy season, which it never did before. We now carry flood insurance on the house. We had to move our shed closer to the house because we couldn't get to it because of standing water. We had to have an extra lift station and �. dminfield raised on our septic sysWin because of your water run off. We are trying to rent our house now but it is a hard sell when they look at your property. We. are all for progress but it sure has cost us a lot of money, My husband is disabled and we have spent all of our savings fixing the house up. We need the rental income. I hope we. see some improvement soon. We sure could use your help. Sincerely, Joyce and Paul Mai gw—d r qiV y yM r� i i6'i ._ .... ,_.v 2 1I E-x: ' .;x..41 (•+. r�`ri(l., t , f.' . R r✓1..: ti ' f 4 � t> fly 4 1 •.li f - 1 / .. h�. I `I L r V t f � �r��a � �7'e. � I.a'�7 ?yam �1 ...�� fC= r� �s 's-• �, ;�� to , c i jf tj�,t��,�tr ��j 5�i'�°`y; `!" ?��•'�y 5� ''� .. "• 5. -.JY. i <n%rJh.'WY 4 y ry /f�� •Ji s � { i, i t t� r ,t � �v ��, , .. •` fryT y � 1 ` �tiy,, 4 � � .bli t I' to nut t L I 1 { q ,r� _Yt ; ^I ' ♦ r�l�i�prt, S✓ E1u r.� Vii. GN ' Agenda Item No. 8v October 14, 2008 Page 54 of 109 Collier County Community Development and Environmental Services Attn: Melissa Zone Principal Planner Department of Zoning & Land Development Review RE: CONSTANT NOISE DISTURBANCE GERMAIN MOTOR COMPANY/PAINT & RECONDITIONING CENTER We, the undersigned, reside and/or operate business bordering and adjacent to the abovementioned business owned by Mr. Bob Germain. Over the last twelve years, this conglomeration of dealerships has greatly expanded its size and services which they offer to their customers. W1ule they continue to enjoy increased profits and property value, we, on the other hand, are suffering the consequences of the negative effects of their growth - ---- NOISE! ! t t ! t t ! While we all reside in separate homes, we ALL experience the level of disturbance in varying degrees. In the past few years, the noise has escalated to unbearable levels. The "Callision/Body Shop" has been closed; however, we are now faced with another Paint Shop/Reconditioning Center in its place. This facility operates DAY AND NIGHT.....SEVEN DAYS A WEEK!!!! 1 This very issue was raised at a community meeting on October 24, 2007. Through the years, most of us have tried, individually, to deal with the Collier County Zoning Department, the Germain dealership, and the Paint/Reconditioning Center ...... with very little or short -term results. It has become very apparent that Germain Motors has very little regard for their neighbors. I believe that we deserve the right to be heard so that we may also have a peaceful home environment and ask that this problem is dealt with immediately. There is also great concern for our homelbusiness values, as future property owners in this area will definitely consider the noise as a huge negative. There is also a serious health issue with frequent strong smells ofpaint/cleaning fumes. It is IMPERATIVE that we work together to seek solutions to enable a better environment for everyone concerned. We ask that Germain's success will not be at OUR EXPENSE! Attachment "D" Agenda Item No. 8C October 14, 2008 age 56 of 139 NOISE DISTURBANCE SOURCES -car alarms and horns -Paint & Detailing & Auto Mechanic Shops -loud music -toxic paint/cleaning fumes - yelling/profanity -air horns on large trucks - squeeling tires - retying engines -power tools /air tools -high pressure water hoses -motor cycles - frequent car work/repair being done outside work shop area, close to fence bordering on West (immediately next to Wiggins Pass Chalet) OTHER ISSUES (see attached pictures) - dumpster bin unloading (odd hours of night) - unsightly trash (lots of beer bottles) plastic, metal, etc. - large transport car carriers loading/unloading on busy sections of Wiggins Pass Rd. and Hwy. 41. Also U- turning into Gateway Shoppes at North Bay at all hours of day and night (in front of Wiggins Pass Chalet). SOURCES -car alarms -Paint & Detailing & -loud music -toxic paint/c]] -air h ' on large trucks goo ing tires ying engines power tools /air tools -high pressure water hoses -motor cycles r' Agenda Item No, 8C October 14. 2fl08 Pa e 56 of 139 SIGNED ADDRESS PRI=D NAME /0-" Am 4j�ljoguw lezb 2)rvm/ u// __�o /3 ] �� NO DISTURBANCE SOURCES -car alarms d. horms -paint & Detailing Auto chanic Shops -loud music -toxic paint/cl fumes - Yelling/ pm 'iy -air hom n laxge trucks -sque g tires -re u ag engines wer tooWair tools -high pressure water hoses -motor cycles SIGNED ADDRESS Agenda Item No. 8C October 14, 2008 Page 57 of 139 POD 4 W r (] " 3-3 F C �'.�•T� r 1-4 -,/ &-~ 4-4 PZ&-_5 t 3V //t �T,W 4f f %ELF Lo DISTURBANCE SOURCES -car al 7&De and horns -Paint tai & Auto char. d mus -toxic paint% fumes -air horn ri large - •squee ' g tires -reg6g engines wer tools /air tools -high Pressure water hoses -motor cycles SIGNED Agenda Item No_ 3C October 14. 03 ge 5P L�ov, 139 0 ADDRESS c,ey/ R�,ow 46t/ P-4-L14- i 10 11.4 14A V1,74 A r1) �/�o; � I _- I � P/,, ;, 9 1 crx�Lc1C 1;1� �G/ Ch Dom L `1111D - A 1e_9 D v�"(f'G "� /'-3�"' Agenda Item No. 8C October 14, 2008 age f 139 SIGNED ADDRESS PRINTED NAND r w►r r�us PASS < O Agenda Item No. 8C October 14, 2068 Page 60 of 139 844 Wiggins Pass Road Naples, Florida 34110 (239) 597 -1447 (239) 5Y7-3292 (FAV _ w chalet(a�$arthlinknet April 25, 2008 Attn: Melissa Zone Principal Planner, Department of Zoning and Land Development Review Dear Miss Zone: Re: GERMAIN NOISE DISTURBANCE & ATTACHED PETITION OF NEIGHBORS I am writing this letter in support of the concerns of this neighborhood and, I wish to express to you, that I have suffered 13 years of frustration with this ongoing and ever- increasing noise problem. As you can see, I have enclosed a copy of a letter that was sent to Mr. Germain Sr. in December 1997. His only response was to shuffle my concern off and I was allowed a very short: meeting with a very rude, impersonal manager who had more regard for what he would have for lunch that day!!!!! I was very abruptly told that I had no right to tell them how to operate their business and was shown to the door. I cannot begin to tell you how deeply this problem has impacted my business and I have had sleepless nights over how to resolve this serious situation. As I see it, it is very much a `DAVID & GOLIATH" scenario. As a matter of interest, I am enclosing a letter from Mr. Bob Germain Jr., dated May 15, 2007. In this correspondence, he states Agenda item No. 8C az ober 14, 2008 11 as ge 1 of 189 that he has an interest in buying this property. we did not hear anything further from him. However, since then, the Paint/Mechanic Shop was formed and escalating noise resulted and continues. One would almost think that Mr. Germain could use this to his benefit........ 1.1?? The same purchase proposal has been made to two other properties bordering on his dealerships. I believe that it is not in HIS interest to co- operate at all...... especially considering his "possible ideas for an even larger expansion towards Center Lane. Of course, this is only "MY THEORY", but I'm sure this is not a new tactic by any means. In short, I wish to add that we have spent thousand of dollars on this property to modernize and stay competitive with other hoteliers. I have re- invested every penny of profit into my business. However, if your customer can't enjoy a quiet breakfast, read his newspaper in peace, or have the option to open a patio door for fresh air (this has been said to me by customers) it really doesn't matter how good we look. There is no doubt that I have LOST business because of the total disregard of Germain Motors. I hope I have clearly explained how devastating this has been to our lives and livelihoods and I ara forever mystified as to why this dealership was ever allowed to build a noisy mechanics shop so close to a residential location. Thirteen years of a hard working couple (and our future) are in jeopardy if the present conditions are allowed to continue. Please feel free to contact myself, if I can be of further assistance and I thank you for your kind consideration. Karen Faulkner, Owner Agenda Item No. 8C [� October 14, 2008 "Fin J��J� �/]�it ��r� Page 62 of 139 Apartment Motel 844 Wiggins Pass Road Naples, Florlda 33940 (§4-1) 597 -1447 December 23,1997 FAX- 9411,597-3292 Mr. Bob Germain, sr., Germain Lincoln Mercury, 13329 North Tamiami grail, Naples, FLA. 34110 Dear Mr. Germain: RE: NEGATIVE AFFECTS OF BODY SHOP /COLLISION CENTRE TO.WIGGINS PASS CHALET INC. I am writing to you with extreme concern, as my "once" peaceful home and.my livelihood are now severely threatened by the new structure that has been inconsiderately placed on:my doorstep. Wiggins Pass Chalet borders your new body shop to the west and my clientel and myself now overlook- a sea of cars and unsightly machinery, car parts, etc. However, more devastating - -- we are now exposed to the sound of power tools and various machinery so that there is constant hammering, sanding, drilling, etc. from 8 double garages operating with open doors. The situation is unbearable and I am already experiencing complaints from valued customers who spend approximately $1900.00 to $2400. per month to reside here on an average of four to five months in season. I have kept a running diary of events (as follows) and have video taped activities as evidence. Nov. 21/97 - Collision centre opened. Hours of operation posted Monday through Friday 7 :3d a.m.•to 5 :00 p.m. Dec.1 /97 Mr. & Mrs. Hammitt arrived as resident until April. 30/9,8 Dec.3 /97 Mr. Hammitt complained about, the unsightly appearance of the rusted refrigerator and the partially demolished pick -up truck on the opposite side of fence -close to our entrance. I immediately called Charlene, customer service, and told her of the problem. Sloe had it rectified immediately. Dec.4 /97 I called Charlene and thanked her for her prompt attentiop, however, I stated that we had'. a; nucke ,_bzggers;pxrob3eiii.= YNDtE; She said she was very busy, but she would find out who I should speak to. Dec.6 /97 (Saturday) mien working'in ,shop.. Lots of noise very early. Dec.7 /97 (Sunday) As above. Dec.9 /97 Men working until 7 :45 p.m. Agenda Item No. 8C October 14, 2008 Page 63 of 139 — I- Pag@ 2. Dec.11/97 Talked to Charlene and she gave us the name of Dave Walter/ Service Director. Dec.12/97 Talked to Dave Walter and explained problem. He was willing to meet with us at a convenient time. Dec.13/.97 Men working again on Saturday. Dec.15/97 we met with Dave Walter to discuss the noise factor. He walked to our location to see our garden area and general layout. He stated in our meeting' that "When he saw the positioning of the new structurep he was worried that there would be complaint's ". He indicated that he would try his best to have the noise at least lessened by bringing the doors down or partially down. He -said to f6el free to call if there were further problems. We indicated that the doors would have to be completely down to make any difference at all. He said he did not see how that was possible - given•that there was no air conditioning. He further stated that air-conditioning was not possibler as there would be risk with fumes from running' engines ., Dec.18/97 Mr. Hammitt complaining to new resident, Mr. Woodworth who just arrived for 41 months. Mr. Hammitt states to Mr.-Woodworth that he can no longer use his balconyt as the noise is non-stop and too distracting for reading. Dec.22/97 The noise is unbearable and I call Mr. Walter. Three of the 8 doors go down. Twenty minutes latex, the doors are partially re-opened and two mechanics pull . vehicles. outside to work, causing even more noise than ever!!!!! Mr. Germain, I believe' you can see thht we have tried our best to deal with this inatter on a personal level and, in doing so, have wanted to maintain a "good neighbours" atmosphere. Howeverr, there has been no change in our problem. As your business continues to develop through seasonr I foresee that the noise factor will become even worse and all of my clientel will be very upset, as these premises no longer resemble last year's peaceful ' atmosphere.The business that my husband and I have laboured at and the goodwill will all be lost in a very short period. The Naples clientel pays top dollar to have the very best, as you well know. We can no longer put ourselves in that category of offering the best and 1 now have my home, business and future in total jeopardy. As a business man, I am sure that you ' u can appreciate the Atress and turmoil that you are causing in our lives. As we see' i you do have many X t/ solutions to alleviate the noise, but it does take your continual co-operation. 1. THE GARAGE DOORS ON THE WEST SIDE OF THE BUILDINGS HAVE TO BE COMPLETELY CLOSED. 2. AIR-CONDITIONING CAN BE PROVIDED AND WHEN ENGINES ARE RUNNIN9► EXHAUST FUMES CAN BE HOSED OFF TO THE OUTSIDE. 3. NO WORK SHOULD TAKE PLACE ON WEEKENDS.• HEAVY NOISE ACTIVITIES SHOULD NOT BEGIN PRIOR TO 9 A.M. NO WORK SHOULD CONTINUE PAST 5P14. Agenda Item No. 8C October 14, 2008 Page 3. Page 64 of 109 4. NO WORK SHOULD TAKE PLACE OUTSIDE OF THE BUILDING, IF ANY NOISE HAS TO BE MADE. 5.' RADIOS SHOULD BE AT A VOLUME SO AS NOT TO DISTURB NEIGHBOURS. 6. UNSIGHTLY TRASH,-CAR PARTS, PARTIAL VEHICLES, ETC. SHOULD BE PLACED AWAY FROM- NEIGHBOURS' VIEWS. 7. BRIGHT SECURITY NIGHT LIGHTING SHOULD BE TURNED AWAY FROM OTHER RESIDENTIAL LOCATIONS. In summary, Mr. Germain, I am asking for your full attention in this very serious matter. I am sure that you have riot grown to your present success without the co- operation and understanding of others. We ask the very same from you. None of your bordering neighbours were given any notice of your intended location, nor were any of us consulted as to the affects of your plans. I feel that, personally, that is a great injustice. However, we now have to deal with the facts and you are key to whether they are resolved. I must emphasize that time is of the essence,. as my valued customers are now beginning to arrive and this problem must be resolved NOW. Hopefully, you can consult with your management to establish your alternatives and I expect a response to my request no later than January 5, 1996. If, by that tire, there has been no response to my request, I will have no other choice than to seek a solution by way of legal assistance. I will not accept the destruction of my home and business and will continue to pursue this matter to the fullest extent. -- - Sincerely, C•� K rl -n Faulkner, Owner cc: Mr. John Winnie, Attorney at Law. Z' (Jr L6 235 135 Us Postal Service Receipt for Certified Mail -No insurance Coverage Provided. DIt nnF IIRa fnr [n!Hi l Aril /0— ............t ��qR 5en1 �q r\ 'O© 1� NYC 1,()(-� 1- _. R' Siro r Numbor Naa 'XI Poalolce ixZiP Cod 1 311110 f'oslags Ca led Sped ells Reslrided DeGvory Fee Aetum R000lpl Showing to Whom & Date Delivered a Q tietvtnfietepiShoxin foWtn�, :,': 4 0 TpT P e �j1 M P61 or Data LZ Ctr ��qR MOMCNR mg COLUMBUS May 15, 2007 Karen Faulkner '844 Wiggins Pass Rd. Naples, Florida 34110 Subject: 844 Wiggins Pass Rd. Dear Karen Agenda item No. 8C October 14, 2008 Page 65 of 139 Germain Motor Company is planning an expansion of the Lexus of Naples dealership located on Wiggins Pass Road and US 41. The company currently owns the vacant land located at 1344 Center Lane, which is just South of your property, and is interested in acquiring all the property from this lot North to Wiggins Pass Road. Therefore, we would be interested in purchasing your property located at 844 Wiggins Pass Road and we are prepared to compensate you above current market values. Please contact John Garbo at your earliest convenience to discuss the opportunity for Germain Motor Company to purchase your property. John can be reached at 239-465-9455 or i arbo2 comcast.net. Sincerely, rt Germain Jr. Vice - President +. �� i`�� +li:, bprfi. .r�. iµ;T., �� is .s•< tiiorcr: •�� ..:x4:.xL ••,. r 13315 N • Tarniaml Trail, Naples, Florlda 34110 Phone: (239) 592 -5550 Fax: (239) 892 -1344 www.gesmeincars.com I 1 � a ,l,' ti -�� ,{��r�� - rrrq�Fr��rf gay `� r ti��x✓t} ..,� .. ..y t 1 � ": Yg �aCc`I� A "t�Ytl �JtS�I)Y� �1t� -�Vl � i; ( py 1,� f��✓ 4. $�,�„f'��,`� � {l7'��;y,�y� III � s .��..`3,�'�fy�� '-i;�' � i• f v �t i-' ;,I� a 4 vex 1 qs y(,,�� \� � � Y� f �. •s j~��y,s .��gi ��'t rl..4�t��Sh `, I ti '11',x. -I, 2'° r r rpf ici a �Y y� R�r• �� t� "�`� ��'�,� , f r� rt }F �3%+�' r 4 � •�ks y iri��yS•l. -. AiH ?�Y �a%�jjl�cG r w4 �"-� ✓' •'_'J'"1 '�; /1 fm... ;1 :J�431 ' »_cvlpr�r.,. 111:1 j i •may ' + 1 ,-i� .j �rr �,,✓ 1 r.,1 777-7; —�,- cF'>'.. 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I �J� ° li 171 r r Q I�t ' � T I s li dJ i l I i F Agenda Item No. 8C October Page June 6, 1900 (L �•body•shop and the parking area will be used for both customer parking ORDXNAIRCZ 90-49 UU itJ " AN ORDINANCE AMENDING ORDINANCE NUMBER 82 -2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, Wi�t'!••' S;:F'• FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED Page 62 48 -26-6 AND 48 -25 -1; BY CHANOING THE ZONING CLASSIFICATION OF THE •, •,,,;... ?iEREIN DESCRIBED REAL PROPERTY FROM A-•2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LIVINGSTON ROAD COUNTRY CLUB CONSISTING OF 750 SINGLE /MULTI- FAMr%Y DWELLING UNITS, GOLF COURSE WITH a' CLUBHOUSE, CONSERVATION AREAS, RIGHT -OF -WAY DEDICATION, INTERIOR 2 :' ROAD$ AND BUFFER ZONE, LOCATED AT THE INTERSECTION OF THE PROPOSED ' NORTH /SOUTH AND EAST /WEST LIVINGSTON ROAD EXTENSION IN SECTIONS 11, 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, 1 FLORIDA, CONSISTING OF 482± ACRES; AND BY PROVIDING AN EFFECTIVE ',. DATE. ,. "119 90 -50 RE PETITION R- 89 -35, (i80RGIC L. VARXADOE O7 YOUNG* VA1f „•�ORDI11A=Z VAMADOE A1fD BENTON, P.A. REPRESENTING GERMAIN PROPER IES Up COLUMS, INC., REQUESTING A REZONE FROM A-9 AND C-4 TO PUD TO BE &NON [ AS GEItf IN kUTOMOTIVE FACILITY, TO PERMIT NEW AND USED AUTONMBILI DULERSEIPS FOR MPERT'Y LOCATED ON THE WEST BIDE OF U.S. 41 110ltTH, APTROZ11UTELY 430 Ir"T BOUTS OF RIGGrNS PASS ROAD, • ... • OlfS t APPROXIMATELY 13 ACUS --ADOPTED WITH STi TIOKS ,gv Legal notice having been published in the Naples Daily News an May •` %,'; 36,•1980, an evidenced by Affidavit of Publication filed with the public hearing was opened to Consider the adoption of an ordi- FY,:�tinanca amending Ordinance No. 82 -2, by changing the zoning clasaifioa•- ;d. r- s ion of the herein described real property from A -2 and 0-4 to PUD, t Ara :. . • . tt own as Germain Automotive Facility., y5 ;s Mr. Robert Lord, Planner, stated that the subject property is ryf �• Fry,1acaGted on the west side of U.S. 41 North, approximately 450 Peet ICI r ;,i= :south of Wiggins .pass Road. He stated that the current zoning of this • {,`;:property is A -2 and C -4 and is proposed to be rezoned to PUD. He 7. ,; : . •�f � icidicated that the intruded use of 'this site is to allow several �•,�;,I � � I 3 .,,bulldings with all uses being related to automobile sales and service. !. 3':Ne noted that the property consists or 13.05 acres, with 1.9 acres of "t>Bald Eagle preserve in the southwest corner. He further noted than �+ he.balance of the site wail include two automobile: dealership '6 btilldlnna which will house a showroom, service area, and sales and '. •;�.adminletrative offices. He Indicated that a third smaller building .ytwill also be used for showroom sales and sales offices. He stated ''0-that -the center of the site is proposed for used car sales and an auto 'w �•body•shop and the parking area will be used for both customer parking UU itJ ayggggg,s -;.r' ;.r Page 62 Attach a' Imo__..._... w.,...._.- . June 5, 1990 ;.and auto sales display, �Mr, Lord stated that the surrounding property to the north is currently zoned C -S; to the east is zoned C -2 and C -3; to the south is zoned A -2 and to the west is an undeveloped woodland area with an Rb %;zoning district. Mr. Lord indicatod that the CC`PC recommended that this petition be «; ?:forwarded to the Board Of County Commissioners for approval, subject the stipulations outlined in the Agreement Sheet. In answer to Commissioner Volpe, Mr. George Archibald stated that the segment of U.S, 41 that the project fronts, is operating at a level of service "C" and is projected to fall to level of service I'D" V" In the next few years. Responding to Commissioner Volpe, Mr, Lord stated that the r;• Agreement Sheet indic ;ces that both accesses off U.S. 41 will be constructed by the petitioner as well as a north bound left turn lane on Tamiami Trail at the existing median opening opposite Royal Cove Drive shall be constructed. Mr, Lord stated that a deceleration lane will be constructed. south ! bound on U.S. 41 from the r1rst entrance of the property, He indi- cated thzct west into the property, going north, an island will be reconstructed in order to make a turn. Attorney Bruce Anderson stated that the petitioner is in :> disagreement with two of the stipulations in the Agreement Sheet. He noted that the first area of disagreement relates to the installation of a 25 foot buffer /green belt at the cast property line and running the entire length of Route 41. He indicated that 5 Peet is the atan- ;-,'. •dard buffer requirement for commercial use adjacent to a right -of- way. He noted that the petitioner is in agreement to a minimum 10 r foot buffer and a maximum 50 foot and stated that this agreement is in '.•total compliance with the zoning ordinance and the Growth Management �. _> Plan. Mr. Anderson indicated that the petitioner wa$ not made aware the buffer stipulation until 2 days before the May 17, 1990, ccpc Agenda Item No. 8C October 14. 2008 R Page 63 Agenda Item No. 8C October 14.9nO ti June 6, logo � Mr. Ken gaginaki, P1�annlnq services Manager, stated tttAt the peti- dp: `'. tioner was made aware of the buffering situation and has worked with the project coordinator prior to going before the CCPC on May 17, 2990. Fie noted that it is the opinion of the CCPC that a minimum standard 5 foot buffer is inadequate for any project fronting a major a;.;.: arterial . '. Mr. Anderson stated that the stipulation reads that the petitioner P,O is required to provide an additional 2s foot buffer as well as a 60 foot drainage basin. He indicated that the net result of this stipu- i.,'.N lation is that the property will be set back 78 feet, noting that the i,• ' . required standard buffer requirement of the zoning ordinance is only 6 hK}. feet. . Mr. Lord stated that the petitioner must retain a minimum 26 foot ;,'?:.-greenbelt along U.S. al. He indicated that a 75 foot set back is not l+v: is i 1;,.... � c•,retittired, Mr. Anderson addressed another issue to which the petitioner is in 1j disagreement with. He indicated that the stipulation in the Agreement ,-.Sheet states that loudspeakers and outside public address systems :iRi: shall not be allowed on the premises. He noted that the petitioner is a'' Killing to propose a compromise to permit loudspeakers an the site y11 1 H.• providing that they are aimed toward U.S. 41 and comply totally with s,•.`;.the Collier County noise ordinance. >' Commissioner Volpe stated that there is a residential neighborhood i' p =`s behind the subject dealership, and noted that public address systems rr "..and loudspeakers pose noise problems for the areas residents. Commissioner Saunders questioned if the commission has any legal 3: basis to prohibit public address systems or loudspeakers? <' Attorney Cuyler stated that the Commission does not have any legal >.authority to prohibit the public address systems or loudspeakers pro - ;,viding that the subject project is in compliance with the Collier v.'bounty noise ordinance. Mr. Anderson addressed another issue dealing with th, project 'being prohibited to use heavy equipment during the non - nesting period 004"S Page 64 �Y 4V ;i �f Agenda Item No 8C Octaber °aae June Sr 1990 °:. proposed site. He indicated that all work pertaining to hilt business will be done inside the facility with all doors closed, thus pre - vvntinQ •a noise problem. He noted that the dealership has been i •• desi ned to be visuall y appealing and the nicest auto dealership in 6:V. Southwest Florida, He further noted that the setbacks o£ the project are all varied in order to avoid the dealership looking like a used 11. car lot. He stated thnt the lighting of the project will face into t •,: the dealership and will have no affect on any of the surrounding resi- dential homes. Mr. Germain expressed that his intent of the project Is not to disturb the surrounding community but instead become a viable asset. He further noted that if reed be, he will eliminate the Public address systems and loudspeakers in exchange for Pagers and ;i beepers. .powniasioner Saunders moved, seconded :.l ooaalsaionae Goodnight and carried unanimously, to close the public hearing. �,:.... Page 65 ''of the bald eagle which began approximately 3 weeks ago. He indicated f' 4• the y petitioner has from May 16, 1990, to October 1, 199Q to uti- lize the equipment on the site. He stated that the petitioner is `.'requesting 1 a tree clearing permit in order to have the site cleared by - October 1, 1990. Mr. Lord stated that reviewing services will be against this request because if the site is cleared and all of the trees are removed, then the county will be left with a cleared, worked of piece property if the project is denied, r: Mr. David Pettrow stated that the project needs an approved Site Development Plan before a tree removal p permit is Sasued. Tape st r = The following persons spoke In opposition to the subject petition kiting thet the noise, lighting, and minimal buffer setback on the proposed project will be damaging to the surrounding residential area is as well as the bald eagle preserve. Mr, James Parkas Mr. ,john Hurst "r Mr. Bob Germain stated that there will be no outside work on the °:. proposed site. He indicated that all work pertaining to hilt business will be done inside the facility with all doors closed, thus pre - vvntinQ •a noise problem. He noted that the dealership has been i •• desi ned to be visuall y appealing and the nicest auto dealership in 6:V. Southwest Florida, He further noted that the setbacks o£ the project are all varied in order to avoid the dealership looking like a used 11. car lot. He stated thnt the lighting of the project will face into t •,: the dealership and will have no affect on any of the surrounding resi- dential homes. Mr. Germain expressed that his intent of the project Is not to disturb the surrounding community but instead become a viable asset. He further noted that if reed be, he will eliminate the Public address systems and loudspeakers in exchange for Pagers and ;i beepers. .powniasioner Saunders moved, seconded :.l ooaalsaionae Goodnight and carried unanimously, to close the public hearing. �,:.... Page 65 Agenda (tern No. 8C Jute 8, 1990 •;'.,;' . CoaaEissioner Volpe coved, seconded by Comissioner Shanahan and r''carr3ed urcaniarx¢s1y, to approve Petition R-89 -35 subject to +tail staff or; sti ations as outlined in the Agreement Sheet and that the ordinance r,•sta numbered and titled belcm be adopted and entered into OrdIMMCS ORDINANCE NO. 90 -50 AN ORDINANCE AMENDING ORDINANCE 52--2 THE COMPREHENSIVE ZONING 4~' REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP HUMBER 48 ^25 -6; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A -2 AND C -4 TO "PUD" PLANNED UNIT DEVELOPMENT, KNOWN AS GERMAIN AUTOMOTIVE FACILITY, TO PERMIT NEW AND USED AUTOMOBILE DEALERSHIPS, FOR PROPERTY LOCATED ON THE WEST SIDS OF U.S. 41 NORTH, APPROXIMATELY 450 FEET SOUTH OF WIGGINS PASS ROAD (C,R. 888), LOCATED IN SECTION 16, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Deputy Clerk Beech replaced Recording Secretary Xeaton at this tLae rss It 4m #982 �`'' tfiHa2Ux]i TO SOLICIT PROPOSALS FOR A MAJOR LEAGUE 23ASESALL TRAINING ♦.na rx rnr.T -TVR rtnnx'rV -. 1p' ROVFfl WITH STIPULATIONS _ _ __ ______ Mr, Ran McLemore, Aesictant County Manager, said that the commit- tee appointed by Mr, Dorr133, County Manager, has completed a study of recent relocations by league baseball teams Into Florida, economic Impact statements developed by the Stare, by the International City Management Association, and by other communities who have had ;ex.Qerienao from an impact point of view. The committee also reviewed actual lease agreements from other locations in Florida and reached noraa conclusions about the subject of baseball in Florida, he said. First, a spring training facility is compatible with the community and is a desirable facility for Collier County for three basic reasons: it is consistent with the Growth Management Plan, consistent with clean ndustry economic development goals of the community (having no ri5,polluting impacts or site conditions), and is entirely financeable K .; .. +ifram non ad valorem property tax sources or non- community sources, Mr. }Mcl,emore advised. The committee has developed an "ideal" financial framework under which the project can be brought to the community, he Bald,-and he explained the arrangement as visualized by the committee: - Agenda Item No. 8C October 14, 21008 Page 74 of 139 SITUATIONAL REPORT From Pollution Control & Prevention Department The Germain facility is in compliance with all PCD guidelines. For further details please read the snort below. Subject: A complaint was emailed to the Pollution Control Department on 07/05/06 by Melissa. Doughty of Engineering Services, phone 239 - 2132950. Ms. Doughty was concerned that items which included old tires, used motor oil bottles, car parts, batteries and misc. debris would affect the buffered wetland preserve area with used oils or other harmful materials. The area of concern is situated on the west side the Germain dealerships along Wiggins Pass Rd. and US 41. Purpose /Concern: The purpose of this report is to inform the reader of PCD findings involving the complaint. This report will also inform the reader about treasures taken to correct the issues raised by the complainant. Background: Germain Toyota, Lexus and Lincoln Mercury all share a parcel located on the corner of Wiggins Pass Rd and US 41, On the west side and rear of the dealerships is a parcel of land purchased by Collier County as a conservation presen,e area. This area is located directly adjacent to Germaine's former auto body repair shop and all of its mechanical repairs facilities. Poor management practices in the past allowed used oil, paint waste, batteries, auto parts debris, mfisc, trash and other items to accumulate along the buffer area between the mechanical shops and the preserve. This trash was allowed to blow into the preserve area, A site visit in July 2006 by Melissa Doughty to survey the wetland area prompted a pollution complaint, She visually observed the trash in the area of concern and promptly forward pictures to PCD. Action /Considerations: The complaint was assigned to James D. Sparks Environmental Specialist for PCD. Mr. Sparks immediately contacted the management staff at Germain (Richard Bustell general manager), phone 239 - 592 -5550 on 07/10/06 to inform Mr. Bustell of the necessary corrective measures needed to comply with the pollution complaint. On 07/12/06 a second site visit was conducted of the wetland area in question. Germain had cleaned up the all the debris and removed all the misc, car parts and used tires. Photos taken earlier are included as well as photos taken after the clean up that show the Germain facility is in compliance. Coordination Required: To date pollution control has continued to monitor the area for any mismanagement of hazardous waste. Exhibit F Agenda Item No. 8C October 14, 2008 Page 75 of 139 Fiscal Impact: N/A Options: Recommendations: No further action needed against Germain. Pollution Control will continue to monitor the area. Exhibit F Agenda item No. &C October 14, 2008 Page 76 of 139 CanszstenT "I<,evzew Mmorandum To: Melissa Zone, Principal Planner Zoning and Land Development Review Department From: Corby Schmidt, AICP, Principal Planner Comprehensive Planning Department Date: July 30, 2008 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PUDZ- A- 2007 -AR -11914 PETITION NAME: GERMAIN AUTOMOTIVE PACILFI'Y PUD AMENDMENT REQUEST: To amend the Germain Automotive Facility Planned Unit Development (PUD) (Ord. 90- 50) to increase the maximurn building area to 130,000 square feet from the existing 60,000 square feet. Also included within the amendmnent request are deviations from current dimensional standards to standards more consistent with General Commercial (C -4) zoning — for the following dimensions: mninimurn lot width, required yards, distance between structures, maximum height, and mninirnumn floor area. LOCATION: The 13.05 acre subject project is located approximately one - quarter mile south of Wiggins Pass Road, with approximately 990 feet of frontage on the west side of Tamiamni Trail (US 41), in Section 16, Township 48 South, Rnnge 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban — Comnmercial District, Mixed Use Activity Center Subdistrict (MUAC No. 20, US 41 and Wiggins Pass Road) as identified on the Future Land Use Map within the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Mixed Use Activity Centers are intended to be mixed use in chum:acter, they allow the full array of con-unercial uses and are "designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the comntnunity". The existing PUD was approved in 1990. Though the controlling Mixed Use Activity Centex (MUAC) Subdistrict provisions have been amended since that timne, no revisions have been made that would tmnpact the consistency of this request to increase the commercial building space or modify development standards. -1- Agenda Item Flo. 8C October 14, 2008 Page 77 of 139 Market Demand Analysis: The firm of Fishkind & Associates, Inc. prepared a Market Negd,S nallsis analyzing market conditions for assessing the automotive dealership needs of a growing population. The standard factors to consider during review of a rezone petition within an Activity Center include the patterns of land use, the amount, type and location of existing zoned commercial land, and developed commercial uses, both within the MUAC and within 2 road miles of the subject property, and; the market demand and service area for the proposed land uses. The amount of commercial land in Mixed Use Activity Center No. 20 is approximately 47.8 acres, while 1,37 acres of the MUAC commercial land inventoried is presently vacant. (Source: Appendix 2— Fishkind e' Associates.Axalysis) The amount of commercial land within the Lee County portion of this 2-mile radius is about 29 acmes; the amount of commercial land within the Collier County portion of this radius is about 216.2 acres. Approximately 4.5 acres of the Lee County commercial land inventoried is presently vacant, while 99.1 acres of the Collier County commercial land inventoried is presently vacant. The amount of land devoted to automobile dealerships is about 1.5 acres in Lee County and 28.8 acres in Collier [excluding the subject property]. (. 000re.• 4ppeiidix3 — k'ishkind &AssociaterAtialy6.r) Franchise automobile dealerships are specialized businesses with service areas specified by the manufacturers whose makes are being sold there, so this two road -mile study area for commercial land and commercial uses is not indicative of the automotive marketplace and was not used as the basis for this Market Needs Analysis. The Fishkind analysis utilizes this dealership's regional service area, generally representing an area defined by a 30-minute drive time. The regional service area, approximated by this 30- minute drive time, extends generally: to the north side of Alico Road and as far as Daniels Parkway at 1- 75 (N); Collier Boulevard and as far as Everglades Boulevard at Oil Well Road (E); to the south side of Rattlesnake Hammock Road (8); and to the Gulf of Mexico (W) -- varying from 12 to nearly 20 mile distances. This regional service area encompasses 35 dealerships, occupying more than 456,000 square feet of building area on 156 acres, in both Lee and Collier Counties. (Sourw.: Appendix 1 — Fishkind & Assmiatas . Analysis) The studied area's population nearly doubled between 1997 and 2007 to more than 250,000 people. This area is projected to grow by less than one -half that rate, seeing an additional 110,000 residents by 2020, based on June, 2008 estimates and projections prepared by the County's Comprehensive Planning Department. The analysis establishes a correlation between automobile dealership space demands and the population in the service area with a floor area ratio (FAR) —revealing regional auto dealerships are increasingly denser. This increasing density means more square footage is being added to existing land holdings. The automotive dealer's .marketplace is assessed, indicating, "it is likely that most of this [additional building space] will (continue to) take place in the form of expansion of existing dealers; however, some new development will occur to replace older, functionally inadequate facilities ". -2- AgenCa !tern No. 8C October 14, 2008 Page 78 of 139 In conclusion, the Analysis reports dealership expansions of another 212,000 square feet will be needed to satisfy the market needs for automobile sales and services by 2020. Approving the proposed Germain Automotive Facility PUD amendment will provide 70,000 square feet toward meeting these needs. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to the Zoning and Land Development staff as part of their review of the petition in its entirety, However, staff would note that in reviewing the appropriateness of the requested uses /densities on the subject site, the typical compatibility analysis would include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc), building mass, building location and orientation, architectural features, amount, type and location of open space, traffic generation /attraction, etc. Staff concludes the requested Planned Unit Development amendment may be deemed consistent with the Future Land Use Element (FLUE) of the GMP. cc Randall Cahen, Arc] >, Com? eheruive .Planning Director David Wleeks, ATCP, Plaernng Manger; Comprelyensive Planning Susan Istenes, AICP, Director of Zoning & ,Land Development Review Ray Bellows, Planning ,Manager, Zaning 6- Land Development Reim, -3- 00 CD p0c•7 r � � O r U Q1 Q Q = 'u i NI o m - s s Z � I a I I 1 jig A � W° z N @ EE t: !R � ZO e R N N U i w�; � U o 0 av4azmaon �� v � � � �� groat mvlwvl 'CA'1® ADV OOF � d' 7va� I "�i`•� iii�i= iiiiEiiEiiiiiiiiii TMtlN�I 41) I +� I 7u7e'7>y1 47Jl� L� 9 n � v N �gxrco w w of GULF $ S ■ 3NV1 3211N30 !L U 'u i NI LL U it �laaawl and t�y5 Lb r I 3W= 4c IM dC i NI �pg,pN 4WD m 610 1 �nx xnrt3d � I a I I 1 jig A � 3W= 4c IM a c� z z 0 N 1� Q i Z 0 H U 0 Q ti Q O N Q Q d �pg,pN 4WD q C �nx xnrt3d n ll tpp jig A � N @ EE „ yXl� ZO e R j6 N w i w�; o 0 av4azmaon �� v � � � �� ` 1447 •tl'� 'CA'1® ADV OOF � 7va� I TMtlN�I 41) I +� I 7u7e'7>y1 47Jl� L� 9 n v �gxrco w w of GULF a c� z z 0 N 1� Q i Z 0 H U 0 Q ti Q O N Q Q d Agenda Item No. 8C October 14, 2003 Page 80 of 139 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT RFViFw._ ,,. NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET Ar `r fr;a4 (239) 403 -2400 FAX (239) 643 -6968 fr{ � V_ Os . UF'P LICA VON FOP PU9p 1L C ,EAR, FN P0 F�: ❑ E'F.ICiE'rt "E Ej tsu w To F`ls5s )~e09 PETITION NO (AR) PROJECT NAME PROJECT NUMBER To be completed by staff DATE PROCESSED ASSIGNED PLANNER NAME OF APPLICANT(S) GERMAIN PROPERTIES OF COLUMBUS INC ADDRESS 13315 N TAMIAMI TRAIL CITY NAPLES STATE FL ZIP 34110 TELEPHONE # 239 - 592 -5550 CELL # N/A FAX # 239 -592 -1844 E -Mail Address: N/A NAME OF AGENT AGNOLL BARBER R BRUNDAGE INC FRED REISCHL AICP ADDRESS 7400 N. TAMIAMI TR SUITE 200 CITY NAPLES STATE FL ZIP 34108 TELEPHONE # 239 -597 -3111 CELL # 239 -877 -8546 FAX # 239 - 254 -2829 E-MAIL ADDRESS- REISCHL(CDABBINC COM NAME OF AGENT JEFFREY A NUNNER P.E. ADDRESS 8113 LOWBANK DR CITY NAPLES STATE FL ZIP 34109 TELEPHONE #_222: 1_1 322S CELL # 239 -104 -0732 FAX # 239 -591 -1358 E-MAIL ADDRESS: JNUNNER(caCOMCAST NET BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Hearing For PUA R==01118107 Agenda Item No. 8C October 14, 2008 Page 81 of 139 - - - -- ASSOCIATIONS Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: NORTH BAY CIVIC ASSOCIATION Cf O R L CARON MAILING ADDRESS PO BOX 77023 CITY NAPLES STATE FL ZIP 34107 Email RLCaronl(- )comcast net a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Application For Public Hearing For PUD Rezone 01/18/07 li Agenda Item No. C October 14. 20085 Page 82 o. i 39 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership See Attached C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address Percentage of Ownership Application For Public Hearing For PUD Rezone 01/18/07 Agenda Item No. 8C October 14, 2008 Page 83 of 139 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a ' Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ® (12/21/88) leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: . or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public . hearing, it is the responsib'Mity of the applicant, or agent on his behalf, to submit a sapplenrem I disdosura of i+sW4W fown. Application For Public Hearing For PUD R=one 01/18/07 Agen,Ja Item No. 8C October 14, 2008 Page 84 of 139 PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the lost six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 16 / 48S J. 25 E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #• Metes & Bounds Description: Size of property: ft. X ft. = Total Sq. Ft. Acres 13.05 Address /general location of subject property: 13329 Tamiami Trail North; lyine in the southwest quadrant of the intersection of Tamiami Trail North (EIS 41) and Wizeins Pass Road (CR888) PUD District (LDC 2.03.06): ❑ Residential ❑ Community Facilities ® Commercial ❑ Industrial ADJACENT ! r "? + °'r i _A ND Zoning Land use N C14 Auto Dealershia S------C-4 Auto Storage (under construction) E ROW Tomiami Trail North; Across which are stores on property zoned PUD. G2 & C-3 W RMF — 6 Residential W CF "Future Citizen" Camp Application For Public Hearing For PUD Rezone 01118/07 Agenda Item No. 8C October 14, 2008 Page 85 of 139 Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page), Yes, See Attached Section/Township /Range 16 / gJ / 25E Lot; Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: See Attached h"r' This application is requesting a rezone from the PUD zoning district(s) to the _ CPUD zoning district(s). Present Use of the Property: Auto Dealership (Maximum saua fagtage = 60,000 SF) Proposed Use (or range of uses) of the property: Auto Dealership (Maximum square - footage = 130,000 F Original PUD Name: Germain- Automotive Facility PUD Ordinance No.: 90-50 ERLA Pursuant to Section 10.02.13 of the Collier County land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup 'materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10 02 13 B) 1, The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instrurr:ents, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. Application For Public Hearing For PUD Rezone 01/16/07 Agenda Item ado. 8C October 14, 2003 Paae 86 of 139 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. S. The adequacy of usable open space areas In existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ® No If so, what was the nature of that hearing? NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (b) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 1 0.03.05.Q.) Application For Public Hearing For PUD Rezone 01/18/07 � } Will Agenda 1?em No. 8C October i4. 2008 • WARRANTY DEla RAMGO ►pR" - ge p7 Jt Moll • � prv,o fio rHDwro r� ...11� U / I 7 01 2 5 2 0 9 6 1909 FEB -7 AM 10: 20 pmejum to; (endose "If•addrmod 31timped envetops) . Qo COLLIER COUNTY RECORDED d s ; This Instrument Prepered by: Kathleen C. Passidomor Esq. HARTER, SECREST It EMERY A1r,wa: 900 laurel Oak Drive, Suite 400 Naples, FL 33963 -2739 Property Appretsers Pueet IdenllNatlon (Folio) Number(s): 000155000007 G PAVE AIWI TWS 1.111 FOR TAOMSle6 DATA �� STAVE ABOVE TIBB 1,11E ios ItIC 1NO aryl O o � o p O 2— 1 C-11 ram DOGA This 10arranty Deed Made the a21 tiny of December A. f). fU 88 by INT ODAR ASSOCIATES, a Florida General Partnership, IND herrinafter rolled dir ryranlor, to GERMAIN PROPERTIES OF COLUMBUS, INC., an Ohio corporation whose posfuffire address is 13491 N. Tamiami Trail, Naples, Flroida 33963„ beret naffer "'Ifed file fpcintee: I N'h.r •.rr nl h.,nn Ilm ter nr• 'Ylrann" nrl 'rrantrr rl, Ic all rh, Panie. i« Bill, mm,n anJ rM h.i .. IrY•I rrwr.rwr.«,n a. «I . »ern, r•( inJr..du,l.. A.«1 rhr urrr «Rr anJ a. ww. rJ ,rl«p «rari«nr1 , 10itnesseth: •lhal It." grrinb,r. for mat in ron.ideralion of the sum of 910,00 and other vninnbir rurtsidrrations, mrripl whew{ is herd,• arlv...... ird, hrrrhy {pants. hnrgains• sells, oliens, re- mises, releaser. Conveys on confirrlTS tinto the riranier. all flint ri- rinill iand siflosle in Collier Courtly i'Inridn, viz: ( See attached Ex a 5 SUBJECT TO restric and easemen c mmon to the subdivision, ss zonin and use re tr c ns imposed b g vernmental authority, ri and outstanding it an al i to ests of record, if any. c d Document, St, rap Tax C: c edei COt_LI NT C > f ' IdTS y ` N BY —D.0 Together with alt f , Laments, here-di! en �p�ir� ppur nancrs tiuerrlo belonging or in any - E] c, - raise appertaining. a To Have and to ;'t��ir 11� -� C 1 ce simple forever. Rnd the grantor hereby copenanis with said granire that file grantor is luwfully seized of said land ill fee simple; flint the grantor has good right and tawful anihorify to sell and convey said land: that the grantor hereby fully warrants the title to said land and toil( defend the same against the lawful claims of all persons whomsnrver: and that said (and is free of all encumbrances, except taxes accruing subsequent to December 31, 1988. In UitneSS Uhe W, file said grantor has signed and scaled these presents the day and year first above wrillen. Signed• sealed and delivered fit our presence: ODAR ASSOCIATES, a Florida General Partnershio a of its paxtt? s .... ..............................ti .....,.....� _... ....................... By Raymon J eAn e , STATE OF FLORIDA, General Partner COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duty authorized in she State aforesaid and its 'tltr' County aforesaid,, to take acknowledgments, personally appeared RAYMOND J. DeANGELIS, a Genei;ait;Partne.r %of ODAR ASSOCIATES, a Florida General Partnership;; to me known to he the person described in and, who executed the f6re6oing instrument and he acknowledged before me that he executed the same, 't 93 WITNESS my hand and official zeal in tbr.Counly and State, last aforesaid this a3 day of January _ A. D.r1989r- r r ... .. . My commiisa'i'o.T, Zaf tYary� IL 4r_!' A-Gienda Item No. 9C October 14, 2908 00 *1 4 15 000627 Pacie88of11 39 OR BOOK PAGE Signed, sealed and delivered in our presence: 'A ODUt; TES, ;aorida GertnersBy Rubinton, ral ner STATE OF FLORIDA, COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared JON RUBINTON, a General Partner of ODAR ASSOCIATES, a Florida General Partnership, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this ?3 day of January A.D. 1989. My comp}sfs�� i3h Thk�SX�es: .,.ti L, n, U Notary Pub 'c co.r Sig ned,.sealed and del' e in our presence: ( t t�1v)�1 A ChIR� S, a Florida ra rya rship „\ By (3iTA(30N� P . , a New York a Cor ' ' L \ �s'i.ot`1} G2ineral (Partner U �: �d'ick Ro President' ��r r_ll.�� STATE OF N <"' (CORPORATE SEAL): COUNTY OF HeL.. o,7.4 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared FREDERICK ROTH, well known to me to be the President of the corporation named as grantor in the foregoing deed, and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 114+ day of December A.D. 1988. My commission expires: JfANmx KOVOLfi"10 N"V hlle�lt sow of Vwk Now (SEAL) kb Ne w York Ca *WA*WW fxow Jum 20, 4!V N?tary Public ! I j� 1 a i Agenda Item No. 8C ' October 14, 2003 Page 89 of 139 000620 OR BOOK PAGE EXHIBIT "A" A parcel of land located in the Southeast 1/4 of Section 16, Township 48 South, Range 25 East, Collier County, Florida, being more particulary described as follows: Commence at the Northeast corner of the Southeast 1/4 of Section 16, Township 48 South, Range 25 East, Collier County, Florida; thence run S. 0 °36152" E. along the East line of the Southeast 1/4 of the said Section 16 for a distance of 490.30 feet; thence run S. 88 °07130" W., parallel with the North line of the Southeast 1/4 of the said Section 16 for a distance of 162.27 feet to a point of the Westerly Right -of -Way line of State Road No. 45 (Tamiami Trail) as the same is shown on the State of Florida Department of Transportation Right -of -Way map for State Road No. 45, Collier County, Section 03010 2519 Sheet 2; thence run S. 1 °00130" E. along the Westerly Right -of -Way line of State Road No. 45 for a distance of 987.12 feet; thence run S. 88 °59130" W. at right angles to the said Westerly Right -of -Way line for a distance of 578.11 feet; thence run N. 1 004115" W. for a distance of 755.21 feet; thence run N. 0 °50'08" W. for a distance of 223.16 feet; thence run N. 88 °07130" E., parallel with the North line of the Southeast 1/4 of the said Section 16 for a distance of 578.33 feet to the POINT OF BEGINNING, `o ttaiing, v0522 acres, more or less. (MU-11 ' �.�� r WK3 1OR COLUMBUS • NAPLES • SARASOTA LETTER OF AUTHORIZATION April 15, 2008 Agenda Item No. SC October 14.2003 Page 90 of 1109 The undersigned does hereby swear or affirm that he /she is the authorized representative of the fee simple title holders and owners of record of the property commonly known as Germain Properties of Columbus, Inc. The property is the subject of applications for rezoning. We hereby designate Robert J. Mulhere, AICP of RWA Consulting Inc. as a representative of the property, and as such, he /she is authorized to represent the owners of the property in the course of seeking the zoning approvals from Collier County. Owner: Germain Properties of umbus, Inc. (Authorized ature) STATE OF FLORIDA COUNTY OF MANATEE Sworn to (or affirmed) and subscribed before me this �� day of March, 2008, by on behalf of GERMAIN PROPERTIES OF COLUMBUS, INC. who is personally known to me. "ff3,'•�. . EL¢ABE: pr Jlc No Public n -Ge IYy�' �r 4i�J�i�si'Y,N Iv Il� 667779 �I/L�liA�l�+ %/�7� /`��/ee -L o .0 EX E97 Anal 26, 7011 �.."'e'. Pc: �et Tr ra Noiaty °vi: +;r llydarr ,tra Printed Name ACURA TOYOTA LExus HOAII)A 13315 N. Tamiami Trail, Naples, Florida 34110 Phone: (239) 592 -5550 Fax: (239) 592 -1844 www.germaincars.com Agenda Item Igo. 8C October 14, 2003 Page 91 of 139 i AFFIDAVIT We /I, Germain Properties of Columbus being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, Including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We /I further authorize Agnoli Barber & Brundage Inc. to act as our /my representative in any matters regarding this Petition. Signature of Property Owner –Robert L Germain Jr. Typed or Printed Name of Owner Sim ure of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ,?*�"L day of —�. 200.,,x, by who is personally known to me or hasp duced as identification. State of Florida (Signature of Notary Public - State of County of Collier Florida) 1 yi 114, li `iL 0Ir �I l ALL i 20 7 AI �l) t U Ir9 ,iPl i. �lL" J110 t .rr (Print, Type, or Stamp Commissioned Name of Notary Public) Agcllua iLr- -m i'�o. or Ocfok-,ar 14_ 'Q( Page 94" of AFFIDAVIT We/I, Germain Properties of Columbus Inc being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/[ understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/[ further authorize Christopher J. Thornton of Cheffy Passidomo Wilson & Johnson LLP to act as our /my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ____- :___day of 200 , by who is-personally known to me or has produced as identification. - - - State of Florida (Signature of Notary Public - State of County of Collier Florid =o.►• P0. Notary Public State oll Florida Glenda Agnoli My Commission DD598777 Expires 09/26/2010 (Print, Type, or Stamp Commissioned Name of Notary Public) Application For Public Hearing For PUD Rezone 6/14/04 3 9 Agenda item No. 8C October 14, 2008 COVENANT OF UNIFIED CONTROL Page 93 of 139 The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Germain Automotive PUD _13315 N Tamiatm Trail Naples 34110 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Commercial planned unit development (( PUD) zoning. We hereby designate ABB & Jeffrey Nunner legal representative thereof, as the Iegal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant .of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, I safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safe guar f the planned unit development. O Owner _ Robert L Germain Jr Printed Name Printed Nacre STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this !:ZY�day of i �r � 200—By who is personally known to the or has produced as identification. Application For Public Hearing Fcr PUD Rezone 01/18/07 Notary Public (Name typed, printed or stamped) (Serial Numbm if mry) �._. _.�'�,..a.Cr. -fin 3.;^^_c..vnrr+.i•cc.__.. _ � - T T .. Application For Public Hearing Fcr PUD Rezone 01/18/07 Notary Public (Name typed, printed or stamped) (Serial Numbm if mry) Agenda 'tern rho_ E�C October 14, 2?08 gage 94 of 1 39 ORDINANCE NO. 08- 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 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 A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A PROJECT TO BE KNONVN AS THE GERMAIN TOYOTA CPUD, CONSISTING OF A 13 +1- ACRE PARCEL LOCATED ON THE WEST SIDE OF TAMIAMI TRAIL NORTH (US 41), SOUTH OF WIGGINS PASS ROAD (CR 888), IN SECTION 16, TOWNTSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 90 -50, THE FORMER GERMAIN AUTOMOTIVE FACILITY PUD; AND BY PROVID ING AN EFFECTIVE DATE. WHEREAS, on June 6, 1990, the Board of County Commissioners adopted Ordinance Number 90 -50 establishing the Germain Automotive Facility PUD; and WHEREAS, Germain Properties of Columbus, Inc., represented by Dominick J. Amieo, Jr. P.E., of Agnoli, Barber and Brundage, Inc., 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 16, Township 48 South, Range 25 East, Collier County, Florida, is changed from a Planned Unit Development (PUD) Zoning District to a Commercial Planned Unit Development (CPUD) Page 1 Agenda Item No. 3C October 14, 2008 Paae 95 of 139 Zoning District for a 13 +/- acre parcel to be known as the Germain Toyota 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 200441, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance Number 90 -50, known as the Germain Automotive Facility PUD, adopted on June 6, 1990, by the Board of County Commissioners is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon fling with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: By: Deputy Clerk TOM HENNING, CHAIRMAN C� Heidi Ashton -Cicko ` Assistant County Attorney Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: List of Developer Commitments Exhibit F: Bald Eagle Management Plan Exhibit G: CPUD Cross Sections Page 2 Agenda Item Nc. SC October 14, 2003 Page 96 of 139 GERMAIN TOYOTA COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) EXHIBIT A I. COMMERCIAL DISTRICT PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Motor vehicle dealers (new and used); SIC Code Group 5511 2. Any other principal use which is comparable or complimentary in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) 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: Showrooms, offices, service facilities and repair facilities. DEVELOPMENT STANDARDS Table I in Exhibit B sets forth the development standards for land uses within the CPUD. Standards not specifically set forth herein shall be those specified in the C-4 District of the LDC in effect as of the date of approval of this Ordinance. 2. PRESERVE DISTRICT PERMITTED USES No building or structure or part thereof, shalt be erected altered or used, or land used in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: Agenda Item No. 8C October 14, 2008 Page 97 of 139 1. Conservation uses, consistent with the approved Bald Eagle Management Plan. 2. 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) by the process outlined in the LDC. DEVELOPMENT STANDARDS Development of Germain Toyota CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order,, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shat[ apply. IN ,AgerEua !Tam fro. 8C October '4, 2003 Page �R of EXHIBIT B TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT MINIMUM LOT AREA PRINCIPAL USES 10,000 Sq. Ft. ACCESSORY USES -N/A MINIMUM LOT WIDTH 100 Ft. a NIA MINIMUM YARDS (External) From US Highway 41 75 Ft. SPS, Side 50% of BH; NLT 15 Ft. SPS Rear Abutting Residential: 200 Ft. Abutting Non Residential: 50% of BH; NLT 15 Ft. SpS From Conservation Area 25 Ft. 10 Ft MIN. DISTANCE BETWEEN STRUCTURES 50% SBH; NLT 15 Ft. SPS MAXIMUM HEIGHT -ZONED i 50 Ft. SPS MAXIMUM HEIGHT - ACTUAL MINIMUM FLOOR AREA MAX. GROSS ENCLOSED AREA 60 Ft. 700 Sq. Ft. I 130,000 Sq. Ft. SPS SPS N/A I KEY: BH = building height NLT = not less than SBH = sum of building heights SPS = same as principal structure *1 No buildings or dumpsters shall be constructed within 200 feet of existing RMF -6 residential zoned property.. *2 Except that an 8 -foot wall shall be erected along the east side of the preserve area as required by this CPUD from the northern property boundary to a point 200 feet south of the existing RMF -6 zoned lot, and except that the existing vehicular use areas may remain where currently located. The remainder of the preserve area shall be curbed. c Im CO O r _ O S U Q Q J» Sl£IIF3 i3 OT 4E Tl'S3Tdt'N J �NV-Id H3SSNW Clod) 1 'NTIN?LLIINt'llNt'SSIEEI •�•••�^ A p 8 C gga o� y 1 p��f' SHISTl3302id NIYMH'J Cl(1dJ VJ O kOS NIVIN?I.d'J adoa S SVd MOON N Xm ~_ zC rqJ61 Y� W6Wwm� cU(�7tx. q0 >ww > z 9% �=a w �3 �>F' �q� a N dL+•3`1�.l vid .,1 "O a alwiJ ue;rN xa U� a o a si W 1 r 1 / c CAS m �rY � I I ■ a.. g� / C �Y/ — U _ OUO? L. Ln uj °na / / /fl' �rr51 ff a y • Q �.r\\ 1 Q c°o a / / �� 17�•S / / \�,r /IC /i I LCD J f ,I rro I I I f 1 •1 � I I pz zz_� Agenda item No. Sc- October 14, 20!03 Page 100 of 1 '9 EXHIBIT D LAND DESCRIPTION AS FURNISHED BY CLIENT A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMIMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00 °36'52" EAST ALONG THE EAST LENTS OF THE SOUTHEAST 1/4 OF THE SAID SECTION 16 FOR A DISTANCE OF 490.30 FEET; THENCE RUN SOUTH 88 °07'30" WEST, PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SAID SECTIOIN7 16 FOR A DISTANCE OF 182.27 FEET TO A POINT OF THE WESTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 45 (T.A_MIAMI TRAIL) AS THE SAME IS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP FOR STATE ROAD NO. 45, COLLIER COUNTY, SECTION 03010 2519 SHEET 2 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE RUN SOUTH 01'00'30" EAST ALONG THE WESTERLY RIGHT -OF- WAY LINE OF STATE ROAD NO. 45 FOR A DISTANCE OF 987.12 FEET; THENCE RUN SOUTH 88 059'30" WEST AT RIGHT AJNGLES TO THE SAID WESTERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 578.11 FEET; THENCE RUN NORTH 01'04' 15" WEST FOR A DISTANCE OF 755.21 FEET; THENCE RUN NORTH 00 050'88" NVEST FOR A DISTANCE OF 223.16 FEET; THENCE RLT NORTH 88 007'30" EAST PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SAID SECTION 16 FOR A DISTANCE OF 578.33 FEET TO THE POINT OF BEGNNING, CONTAINING 13.1 ACRES, MORE OR LESS. AGNOLI, BARBER & BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLATTERS & LAND SURVEYORS WAYNE D. AGNOLI, R.S.M. NO. 5335 REF. ABB FILE NO. 8834 W- 06- 0059G.13L-; PN04 -0 112 4 EXHIBIT E LIST OF DEVELOPER COMMITMENTS Planning Agenda Item No. 8C October 14, 2008 Page 101 of 130 1. Outside storage or display of automotive parts and supplies shall not be permitted. 2. Loudspeakers and outside public address systems shall not be permitted. 3. No person may store used oil in tanks or containers unless they are clearly labeled with the words "used oil' and are in good condition (no severe rusting, apparent structural defects or deterioration) with no visible oil leakage. If tanks or containers are not double - walled they shall be stored on an oil - impermeable surface such as sealed concrete or asphalt and must have secondary containment which has the capacity to hold 110% of the volume of the largest tank or container within the containment area. 4. The water management area associated with property to the north (Germain Lexus) of this CPUD Zoning District shall be fenced and landscaped as depicted on the cross - section attached hereto and incorporated by reference herein as Exhibit G. 5. There shall be an architectural concrete or masonry wall 8 feet in height erected on the eastern edge of the preserve area from the northern property line and connecting with the wall on the adjacent property to the north to a point 200 feet south of the RMF -6 zoned lot. All paved areas adjacent to the preserves where a wall does not exist, shall be curbed. 6. All vehicle loading and offloading activities shall take place on -site. 7. Sidewalks (or payment in lieu of) shall be required along U.S. 41 frontage and be shown on the site development plan for the project. Landscaping 1. A Type "Dn Buffer, 25 feet in width, as depicted on the CPUD Master Plan, shall be required along the eastern property line. This buffer shall not include water management or vehicle display areas. 2. A Type B Buffer, 25 feet in width, shall be required along the western property line. This buffer may include water management areas and shall include an architectural concrete or masonry wall, a minimum of 8 feet in height, as described above under Planning #5. A fence shall not be required within the Preserve Area. 5 o20,018 otober 14. Page 102 of 139 Transportation 1. The developer shall pay its "fair share" costs of intersection improvements including signafization and ITMS at US 41 and Wiggins Pass Road which have been identified as not to exceed $ 50,304.09. 2. The developer shall pay its "fair share" costs of intersection improvements including signafization and ITMS at US 41 and Old US 41 which have been identified as not to exceed $ 141,902.60. 3. All existing interconnections on both the north and south CPUD boundaries shall be maintained in perpetuity except as may be relocated or altered upon approval of Transportation Staff. Environmental 1. No fess than 1.95 acres located along the western and southern boundary of the CPUD, as indicated on Exhibit C of the CPUD Master Plan, shall remain in its natural state, fulfilling the minimum retained native vegetation requirement. A cross - section of this Preserve Area is depicted on Exhibit G attached hereto and incorporated by reference herein. 2. This CPUD shall comply with the guidelines of the US Fish and Wildlife Service and the Fforida Fish and Wildlife Conservation Commission for impacts to protected species. A Habitat Management Plan for those species is attached as Exhibit F entitled Bald Eagle Management Plan. 3. All fighting shall be positioned and /or shielded so that the Bald Eagle Preserve Area and Buffer Zone is not directly illuminated. 0 EXHIBIT F BALD EAGLE MANAGEMENT PLAN Eagle Nest C0 -01A Germain Automobile Dealership February 2008 INTRODUCTION Agenda Item Igo. 8C October 14. 2008 Page 103 of 139 This bald eagle (Haliaeetus leucocephalus) management plan is proposed in conjunction with the proposed Germain Toyota CPUD Rezone. The Germain Motor Company currently has plans to update the existing facilities of its Toyota automobile dealership located at the intersection of U.S. 41 and Wiggins Pass Road in Naples. The site is located within a portion of Section 16, Township 48 South, Range 25 East, Collier County, Florida. Bald eagle nest CO -01A (an unofficial designation) is a new alternate nest built in 2006 by the resident eagle pair. Existing development (i.e., paved parking lot) is located within 100± feet from nest CO -01A. Correspondence regarding the U.S. Fish and Wildlife Service's (FWS) and the Florida Fish and Wildlife Conservation Commission's (FWC) review and approval of this project is attached to this document. This proposed management plan is applicable to only the 13± acre Germain PUD. It is not binding on any other properties adjacent to the subject property. [It should be noted that nest CO -01A fell from the nest tree shortly after the eaglets fledged in the spring of 2007 and had not been rebuilt as of November 7, 2007.1 The FWS no longer lists the bald eagle as a threatened or endangered species. The FWC currently lists the bald eagle as threatened (FGFWFC 1997). The bald eagle is still protected by the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. Habitat loss and other natural and anthropogenic factors are the primary reasons for the listing. In Florida, the bald eagle nesting season is usually from October Vt to May 15th (USFWS 1987). Preferred nest sites tend to occur in the crown of tall pine or cypress trees, which exceed 50 feet in height. Typical clutch size is two eggs, but can vary between one and three eggs. The duration of egg incubation is approximately 32 to 35 days. Bald eagle nestlings fledge at approximately 10 to 12 weeks after hatching. Eagles are most susceptible to disturbance during the early portion of the nesting period (roughly the first 12 weeks of the nesting cycle). Bald eagle nest CO -01A is an alternate nest associated with eagle territory CO- 01. Portions of this territory are located on property belonging to Mr. Robert L. 7 Agenda Item No. 8C October 14, 2003 Page 104 01 130 Germain, Jr. in the southeast quarter of Section 16, Township 48 South, Range 25 East in northwest Collier County. Monitoring of this eagle pair by the FWC began in 1978 and their original nest was the first nest to be assigned an identification code in Collier County (i.e., CO -01). Nest CO -01A was active during the 2006 -2007 nesting season, but has since fallen from the tree. Observations on January 29, 2008 have recently determined that the eagles are using the original nest tree this season (i.e.. CO -01). An adult eagle was observed sitting low in the nest either incubating eggs or brooding chicks. This nest is located approximately 573 feet offsite to the southwest. The 660 foot protection zone extends approximately 87 feet onto the subject property. It should also be noted that an incomplete nest was observed in last year's nest tree (i.e., CO -01A). No eagles were observed in the vicinity of this tree during the observation period. BALD EAGLE PROTECTION ZONES According to the most recent guidelines produced by the FWS (National Bald Eagle Management Guidelines, May 2007), bald eagle nest C0-01A will have an Existing Development radius of 100 feet. This is the distance to the closest existing development (i.e., a paved parking lot within a car dealership). No activities will occur within this 100 -foot protection zone during the nesting season. The active nest tree will be protected up to 660 feet (secondary zone), with a primary zone radius of 330 feet (see Bald Eagle Protection Measures below). Eagle protection zones are associated with the active nest tree. If a new nest is built in another tree and is active, the zones will apply to that tree. Nest CO -01A may be removed from the active list and listed as "abandoned" if eagles have not used it for five consecutive nesting seasons, or "loss of nest" if it has fallen from the tree and not been rebuilt for three consecutive nesting seasons. This management plan shall not apply if the nest is removed from the active list. This management plan will apply to all active nest trees that are within 660 feet of the Germain PUD. PROPOSED EAGLE MANAGEMENT PLAN This proposed management plan is applicable to only the 13± acre property. It is not binding on any other properties adjacent to the subject properties. Any amendment to this management plan shall require review and approval by the Environmental Advisory Council or any successor body. Eagle nest C0-01A exists 100 feet from existing urban development. A forested wetland mitigation preserve, recently cleared of exotic vegetation, exists to the south and west of the nest tree. Annually, this preserve will undergo exotic vegetation maintenance activities associated with wetland mitigation. These 8 Agenda Item No. 3C October 14, 2003 Page 105 of 139 activities are scheduled to occur outside of the bald eagle nesting season. The preserve has been placed under a Conservation Easement and no development is allowed within the preserve. Bald Eagle Protection Measures Details of the eagle management plan, prepared to provide reasonable assurance that impacts to the eagle nest will be avoided while allowing the project to move forward, are as follows: All construction and exotic maintenance activities within 330 feet of the nest will only be carried out during the non - nesting season (May 16th through September 301h), or after nestling eagles have fledged. In the event that the eagles have not initiated nesting activity by February 1 st construction and maintenance activities may occur. 2. Construction and exotic maintenance activities will be allowed between 330 feet and 660 feet of the nest during the bald eagle nesting season (October 1 St through May 15th, or until the eaglets have fledged) provided that eagle nest monitoring is conducted according to the recent U.S. Fish and Wildlife Service Bald Eagle Monitoring Guidelines (FWS 2007). 3. All exterior lighting shall be positioned /shielded in such a way that little to no light illuminates the bald eagle preserve and buffer zone. Installation of Light fixtures - According to the National Bald Eagle Management Guidelines, if the eagles do not nest on -site by February 1 st or it is confirmed that the eagles are nesting at another location off - site and beyond 660 feet, the installation of light fixtures can be done at any time. 4. Typical day -to -day commercial operations shall be allowed throughout the year beyond 100 feet of the nest on the subject property. 5. No native tree cutting (other than as may be allowed by the state and federal wetland permits, with County approval, and associated with the approved mitigation plan), logging, mining, or use of chemicals toxic to wildlife shall be permitted within the subject property. 6. In the event that bald eagle nest CO -01A has been lost for three consecutive nesting seasons or abandoned for five consecutive nesting seasons, this nest shall be de- fisted (loss of nest or abandoned nest, respectively) and the requirements of this management plan shall be terminated. 0 Agenda Item No. QC October 14. 20108 Page 105 of 139 7. Any emergency repairs within the 330 foot protection zone, including but not limited to: repairs and installation of replacement lighting fixtures, landscape installation or removal in designated landscape areas, and /or parking area paving or marking are to be done in accordance with the provisions of this Bald Eagle Management Plan.. REFERENCES Florida Game and Fresh Water Fish Commission. 1997. Florida's endangered species, threatened species and species of special concern. 19 pp. United States Fish and Wildlife Service. 1987, Habitat Management Guidelines for the Bald Eagle in the Southeast Region. U.S. Department of the I nterior. 9 pp. United States Fish and Wildlife Service. 1999. South Florida Multi- Species Recovery Plan. United States Fish and Wildlife Service. 2007. Bald Eagle Monitoring Guidelines, North Florida Field Office. 20 pp. United States Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines. 25 pp. 10 Page: I of I Jets Kith Froth.. Jeff Nunner tnunnerCswila,n.comj Sent: Tuesday, March 13. 2WT 5:28 PM To: Alten_wehb(M".90V Co. a1fredo_begazofgtfws,gav: Ciamimck Amicw. Kris Bowman Subject: New eagle new at Germain parking lot project Attachments: Gormatn USFWS eagle ms".pdf; Eagle Nast -1008 radlus.pdf Allen, Thank you for taking the time today to dhcusa a new 08915 nest near our new parking lot project at Germain Toyota In CdkW County. We were scheduled to begin construction next weak when this new nest was discovered. Collier County staff Is aware of this new Peak As we discussed, attached is a memo regarding this currant sHuatlom from Kevin L. +_twin Consulting Ecologist. Inc, and a location of the nest an the site plan deptcting exWing and proposed development prepared by our englrrears. Agnoll Barber & Brundage, Ina. Thank you and please let me know If you need any additional infornration. Jeff Nunner Z39,591 . 1328 dilj'20 17 Agenda Item No. 8C October 14, 2008 Paae 107 of 139 I i i I i i 1 , t t Agenda !Iem lvo. SC October 14. Page 1 018 of ^ 39 Kevin L. Erwin Consulting ecologist, Inc. To: Mr. Allen Webb Froth; Kristoffer Bowman Date., March 13, 2007 Re; rermain Automobile Dealership Bald Eagle Nest CO-OI The Germain Automobile Dealership is located in northwest' Collier County at the intersection of 11,3. 41 and Wiggins Pass Road. Plans have been tttade to expand the vehicie storage lot to the south on a 3.6t acre piece of property known ns the Musca site, South Florida Watar Management District and U.S. Army Corps of 8ngineers (( :AE) Environntdual Resource Permits have been Issued for this project. Bald eagle East CQ- 0I ,was previously located 6ff -site and to the west or the 1 usca site. The Mtlscn Site rel) i ntn the emit: t,504 -foot secondary protection zone, and approximately hal£of the site was In the 7$0 foot primary protection none. This Off-she eagle nest had a Bald Eagie Management Plan (using the old protection zones), written by our firm and approval by the COE/USFWS, associated with it. A Collier County Environmental impact Statement, consisting of it Bald Fogle Management Plan, was also written for this project. Recently, while surveying the site to prepare for an Early Work Authorization, a new eagle nest was observed Ina live slash pine. This new nest is located much closer to the subject property and the currentexisting automobile dealership (ace attached map). Two known cagl.:ts hav,, hedged from this nest and are still in the territory. Tile nest is in an urban environmettt and 104.t feet fraln the existing paved car lot. This car dealership is Ycry active with poop]*, cars, loud spmkcrs, etc„ yel the eagle pair chose to relocate their nest to a tree in close proximity to the dealership. The eagle% appear to have accepted this urban cnvirorunent and they hove even been observed perching on the buildings at the t'ar lot. DGC [6 the lacatiou of the ncartx{ Cxl, In# developttler t Orsimilar activity (I.e,, parking lot within 100 feet of the nest tree), our current site plan for the Mugca site may still be considered acceptable considering the updated Bald Cagle Management Ouidclines and the Clearance To Proceed With Construction Activities Adjaecat To Bale! Engle ideals letter (Juste 5, 2006). A dry detrntion water treatment area will be locutcd npproximately 90 feet rrom the new eagle nest once the project is cornpleta. We would greatly appreciate your review, guidance, and approval regarding this issue, Picric Ito not hesitate to call should you have day questions or need additional information. Thank you. — _ _ Nq? aarrnk: P O—Y•r.vt Mlc .Fk,,,da tW41 •?lo 117 r5D51 12-- IM co 0— (c I Mf f Vio lill"I LI) Zf ri QWVAAQI FJ3J'A =418 W uc UAII. N Amme An 1�11 PtAyu;s,n mjio Age a Item IN o. 8, C October v3- Page 110 of "39 Page t of 2 .ion Kim From: At[Yedo_SegazogWs.gov Sent: Thurrday, Marsh 115. 2007 14:42 AM To. Jeff Nunner Cc: Alta n_Webb @fws,gmr; DornWckArNco; Kris Bowman Subject Re: New eagle nest at Gennaln parking tot project Mr. Nunner. AceardMg to the ratter and rasp submitted, we urldeMiand the proposed vehicle storage lot Sa further from ttda unidentihad bald eagle nest than the axkiting paved parldng lot. The kxopoeed veM storage lot is iikety to to vislhte them ffre bald eagle neat. [Jfcewiee, due to lie proxlut9ty, tine ax[capj paved pwtk let appears to be vlsibb ct. from the na Conetstert# with Service's Bald Eagle Mahegernerd GuldeAnes, we rSCornmend that work aasociated with the axpatralon of the proposed vehicle etaraga tot be conducted during the bald eagle non - nesting season (May te- Sept 30). Wo also understand that Iwo ehicft have fledged fits nest, Aocordingly, the nesting season for thls aagka pe[rhas ended and construction work towards the completion of the proposed vahide storage tot expansion can be initiated. tf construction work is planned to oorthnue until the next bald eagle nesting season (October t . May 18), we rwmrT:mDnd further coordlnatlon with the Service. Aegards, Af Begaxo South Florida Ecological Services Fish and WAN Service 1339 2M Streat Vero Beach, FL 32984 Phone: 772.582 -29t?9 eXt. 234 a lfredo_begaz0gfws.gov 'J.7r HanM1H ^ <jnu.ne+�av/fta.rr.CntY� To i AMrz_W�LhgNn Qavr 9yf31200r 952] P4 cc <•p,►da_bpsroQhrsyoy+.'Domh+iek MiSe• <�,ry7eoQabbMt.cbrt�,'Kric eerm+s�' <f(&owh»n��nhreMir+RurN 3uM�i Nrw up4 MW �I filanrin pvMnp bt F�vNcr Allen, Thank you for taking the ti" today io discuss a new eagle nest rear our new parking tot project at Germain 4W O07 ! `f S Aaen da item No. 8C �a -tuber 14, 20U _ Page 111 of 139 Page 2 of 2 Tcy&..a in Cellist CounV. We were schadulad to boo comtrudion naxt week when this now nest was dtacavered. Cntier County staff is aware of this new nest. As we dlscuseed, attechad is a memo raosrckV this current situation from Kevin L. Erwin Consulting Soologist, ins, and a location of the nest on the site plan depicting existing and proposed development prepared by our engineers. Agnotl Barber & Brondetle, inv. Thank yov and please let "know if you need any additional Information. Jeff Nmrm 239.S91.132111aftacirmwA "Gemtain USFM eagle mamo.pdr deleted by Alfredo HepazofRA/FM/DOq latiachtnent "Earle Mast -1001 radius.pd' dalated by Alfreda Sepazo/A4tFMOOq 4/2/2007 �7 d Agenda Item No, 3C OCloJei 14, 2r ,,03 gage 112 of 139 Pnge t of 2 Jen Kim Frorn; Gruvet, Brad Prad.Gruver@MyFWC.comi - - Sent: Friday, Ntarrh 23.2007 3:40 PM To: Kris Bawinan Cc: frau+ner @swfla.rr.com Subject: RE: New eagle Hoist at Germain parking lot project Kris, I have reviewed what you submitted and concur IWth the technical assistance atui rocommendafkma provirlrMdZpr the U. S. Fish and WIUI fe Servfos. Bradley J. Gruver, PhD, Species Conservatforl Planning Section Division of Habitat and Species Conser-wafon Florida Fish and Wiidlife Conservation Commisston 850 - -088.3831 From'. Kris Bowman [ msflto:KBow;nan@envlronment.comj Sent.' Monday, March t9, 2D07 lUr36 AM 'Car Gruver, Brad Cc jnunnengswfla.rr.com Subject: FW: NeW eagle nest at Germain parking lot project Hello Brad, Pursuant to our Phan& converCatfan This mornl% I am sendlag you the IntatmaGon rotated to the Garmaln Car Dealership and bald eag% nest W"01. The t/SFWS's approval to the project manager Oefl' Nunnerj IS: attached bntow. Also, I have attached what we send to the USFWS For their review. Please let me know if you have any questions or need any additional Information. Thanks, Kris Bowrnan Cenitled Ecologist Kevin L. Erwin Consuiling ecDtogist, Inc, t 239 -337 -t 605 From: Aifrecto_Begazo @fws.aov [ tnattm:At {redo_BegaroCafws.gov] Semi Thursday, March 15, 2007 9:42 AM Tot Jeff Nunner CC: Alien_Webb4fws.gav; Dnmtnfck Amlco; Kris Bowman Subject: Re: New eagle nest at Germain parking iot project Nor, Nunnmt, According to the letter and map submhted, we understand the proposed vehicle storage fat fs further from IhJs unrdenifRed bald eagle nest than the existing payed parking lot. The proposed vehicle storage fat is likely to be visible from the bail eagle nest. Ukew;se, due to ys proximity, the existing paved parking rot appears to be visible df2'2U07 IX17 Agenda Item fro. 3C i October 14, 2003 Page 113 of 139 Page 2 of 2 from" nest i:a.mislent with Service's Bald Eagle Management Guidelines, we recammenJ that work associated with the expansion of the proposed vstudo storage tot be conducted during the bald eagle nan•noSting season (May I& SWI 30). We also understand that two chicks have fledged the nest, Accordingly, the nesting season for this eagle pair has ended and construction work towards the completion of the proposed vehWe storage lot expansion can be Initiated. if constrlrcllon work is planned to continue until the next bold eagle nesting season (Elctaber 7 - May 15), we recommend further cocrdlnetian wail the Service. Regards, AtBegazo South Florida £co10910M Senrlces Fish and Whole Service 1339 20l}t Street Vero Beach, FL 32980 Phone. 772 -$g2 -3909 exl.234 alfreda.-40gazo@fwm.gov -jof H.-4r- �1nun"rdwrh.a.cama ra .Arwn, WabbQim.9, 1 oa aalkado,pagarea�h+r� qua, 'Qnrv,invi. Rnace" ta/mna�labb�ne carP,'K�» aW WNW OS ?r Arc 6owm►rf SKao..nunf�enWOnmanf eomr Sobtco tow aagb noel at C«Mrin o 1nP btpropW Allen, Th2Rk you for taking the time today to discuss a new eagle retest near our new parking lot Mfect at Germain Toyota io Cattier County. We were scheduled to begin construction next week when this new nest was discovared. C0111W County staff is aware of this new nest. As we discussed, attached IS a memo regarding this current situation from Kevin L. Erwin ConsutGng E00109191. Inc. and a location of the nest on the site plan depicting existing and proposed development prepared by out engineers. Aqnoll Surber 6 Brundage. Inc. Thank you and please Eat me know If you need any additionat information, Jeff Nunner 239.591,13281atfachmeni ^ Germaln USFWS eagle memo.pdr deleted by Alfredo Begazo1RVFWS1D0Ij (aitachment -Eagle Nest -10011 radlus pdr deleted by Alfredo 8egaxe1R41FWSJDQi) 412/2(107 1'q r-) cc n 00 CO zoo i4 0ri) 0 n 0 11 VE -ld 'SUl,VN sKOLL)as ssobc andD 14 S.M.L-dado-dd Nrvmao Ol------ °6 abOa zQVC3 ZW bC4 "V ul 9z 1 ....... . ... Co . . . . . . . . . . . . ....... C) WO TV tV� u J-1 a. 7�M LL C) V l-lAl" M ORDINANCE 90- 50 AMENDING ORDINANCE NUMBER 82-2 THE EHENSIVE ZONING REGULATIONS FOR THE PORDINANCE NCORPORATED AREA OF COLLIER COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 46 -25 -5; BY CHANGING THE ZONING T CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A -2 AND C -4 TO "PUD" PLANNED UNIT`:, DEVELOPMENT, KNOWN AS GERMAIN AUTOMOTIVE FACILITY, TO PERMIT NEW AND USED AUTOMOBILE ^ DEALERSHIPS, FOR PROPERTY LOCATED ON THE WEST !; SIDE OF U.S. 41 NORTH, APPROXIMATELY 450 FEET ', SOUTH OF WIGGINS PASS ROAD (C.R. 888), LOCATED `^ IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 FAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13 t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Age,lua FteM No. )ctober 14, 2C Paoe 115 of.1 c_ 32 i. C, WHEREAS, George L. Varnadoe of Young, van Assenderp, Varnadoe and Benton, P.A., representing Germain Properties of Columbus, Inc,`, 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: SECTION ONE• The Zoning Classification of the herein described real property located in Section 16, Township 48 South, Range 25 East, Collier County, Florida,is changed from A -2 and C -4 to "PUD" Planned Unit Development in accordance With the PUD document attached hereto as Exhibit "A" Which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 48- 2'S -5, as described in Ordinance Number 82 -2, is hereby amended accordingly. SECTION TWOS This ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed With the Secretary of State. DATE : 1990 ATTEST: TAMES C. GILESyECLEEK BOARD OF COUNTY COMMISSIONERS COLLIER C93JPTY, FLORIDA BY: MA A. HASSE, JR., IRMAN .'ee. , APPR VED AS TO FORM AND'LEGAL SUoFpF�ICI,E{N.CC LOOK Pitt i 1 i7 !tit l• ^+ �i �� t .T . ' �: _C_ MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY This ordinance filed with the 1 day of t"'s Of f�a and aroceN �J jL Moot f rKelved day By 'a 4. cn"W�', PLANNED UNIT DEVELOPMENT DOCUMENT FOR GERMAIN AUTOMOTIVE FACILITY PREPARED BYt GEORGE L. VARKADON, ESQUIRE R. BRUCE ANDERSON, ESQUIRE Young, van Assenderpp Varnadoe a Benton, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 33963 (813) 597-2814 Datr; Filed: 10/20/89 CCPC Approval Dates u,5/17/90 Date Revised: 06/13/90 BCC Approval Date: 06/067VT- ordinanCe NO: 90-50 Exhibit "A" 100K 39 PAST 18o Oct--�Der 14, 2008 Pa.�e 16 of 139 :J rf Ager.cD Item No. 8C Geto�t-,er 14. 2003 Page 117 of 139 GBRMAIX AUTOMOTIVE FACILITY PLANNING TEAM Legal Counsel GEORGE L. VARNADOE, ESQUIRE R. BRUCE ANDERSON, ESQUIRE YOUNG, VAN ASSENDERP, VARNADOE & BENTON, P.A. 801 Laurel Oak Drive, Suite 300, Naples, Florida 33963 Consulting Engineers, Planners, and Land Surveyors W. LAMAR EVERS, INC. 3560 North Tamiami Trail Naples, FL 33940 Ecologist KEVIN ERWIN 2077 Bayside Parkway, Fort Myers, Florida 33901 took 39 pail is1 YN x i. •s, w 4: u ..i 01 £a N I.,. , . .1 INDEX "STATEMENT OF COMPLIANCE &*SHORT TITLE PROPERTY OWNERSHIP & GENERAL DESCRIPTION SECTION 11 PROJECT DEVELOPMENT III DEVELOPMENT REGULATIONS SECTION IV 'OPEN SPACE/CONSERVATION (OS/C) SECTION V GENERAL DEVELOPMENT COMMITMENTS AT - BOOK Agerl_Ja hem typo. 14. 2003 PAGE fii iv 2-1 3-1 4-1 5-1 [IBIT A fIBIT B fIBIT C ;IBIT D RIBIT B LIST OP EXHIBITS Master Site Plan Legal Description Existing Drainage Plan Conceptual Storm Water Management Plan Water /Sewer Master Plan ii 600K UW " "-" Agenda Item No. 8G October 14, 2098 Page 119 of 139 -r'r- r R ..irk' ... STATEMENT OF COMPLIANCE ✓ iJber 4, P Jr 1 319 The development of approximately + 13.05 acres of property in Section 16, Township 48 South, Range 25 East, Collier County, Florida, as a Planned Unit Development to be known as Germain Automotive Facility, will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. This compliance includes: r ' ' 1) The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. err -„ 2) Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. j' r, 3) The subject tract is located on the southwest corner of the Wiggins Pass Road and U.S. 41 intersection. °`.. This strategic location allows the site superior access for the placement of commercial activities. 4) The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 5) The project will be served by a complete range of services and utilities as approved by the County. 6) The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. �. 7) The Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions -: and to serve as project amenities. y.F The following statements will address the planning criteria ' for development within an Activity Center. T. The Activity Center presently has a mixed land use pattern. The uses within this area are: 1. (a) RO Zoning - Recreation and Open Space (b) PU -5 - Landmark Estates, Mobile Home Park �t (c) MHRP - Caribean Mobile Home Park . (d) C -4 - Convenient Food Store (e) C -4 - 15,000 SF Shopping Center (f) C -4 - Motel H,• qi�ni i BOOK JU f'a8 i�. a, a.� f�a F r• C; S. Age:lda Item No. 3C October 1 4, ?008 Page 121 o'17139 1ga C -4 - Auto Dealership ('h) C -2 - Undeveloped (i) C -3 - Imperial Plaza (j) TTRVC - Lake San Marino R.V. Park (k) PUD - Imperial West Multi- Family Residential (1) - Residential on West Lane and Center Lane (m) A -2 - Undeveloped The proposed development is designed to protect the natural habitat of a nesting Bald Eagle. An open space of 1.9 acres in the southwest corner of the 13 acres has been planned as a natural preservation area. The proposed automotive dealership will be compatible with the surrounding land uses through the internal arrangement of structures, open space, setbacks and landscaping. The proposed site has both potable water and sanitary sewer facilities adjacent to the site. The property is located on U.S. 41 and will have direct access to U.S. 41 at Royal Cove Drive (street on the east side of U.S. 41). The project will have an internal street to service the Parcel to the north. The project will have two access points onto U.S. 41 for internal traffic circulation subject to FDOT approval. The project is designed to provide very wide open space- buffer areas to the adjoining properties on the south and west sides. iv 600+c �►9 F&GL 85 2. 3. 4. 5. 6. 7. f�a F r• C; S. Age:lda Item No. 3C October 1 4, ?008 Page 121 o'17139 1ga C -4 - Auto Dealership ('h) C -2 - Undeveloped (i) C -3 - Imperial Plaza (j) TTRVC - Lake San Marino R.V. Park (k) PUD - Imperial West Multi- Family Residential (1) - Residential on West Lane and Center Lane (m) A -2 - Undeveloped The proposed development is designed to protect the natural habitat of a nesting Bald Eagle. An open space of 1.9 acres in the southwest corner of the 13 acres has been planned as a natural preservation area. The proposed automotive dealership will be compatible with the surrounding land uses through the internal arrangement of structures, open space, setbacks and landscaping. The proposed site has both potable water and sanitary sewer facilities adjacent to the site. The property is located on U.S. 41 and will have direct access to U.S. 41 at Royal Cove Drive (street on the east side of U.S. 41). The project will have an internal street to service the Parcel to the north. The project will have two access points onto U.S. 41 for internal traffic circulation subject to FDOT approval. The project is designed to provide very wide open space- buffer areas to the adjoining properties on the south and west sides. iv 600+c �►9 F&GL 85 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.01 INTRODUCTION AND PURPOSE P,garc:a ;tam No. BC Clc -LD�ar 14. 2noa a4` 122 of 1;;9 r It is the intent of the Owner (hereinafter called "developer ") to establish and develop a Planned Unit Development (PUD) consisting of a commercial development on approximately 13.05 acres of property located in Collier County, Florida. It is the purpose of this document to provide the required standards and to set forth guidelines for the future development of the property to insure for the harmonious and compatible management of structures both internal and external to the proposed project. It is further the intent to share access with adjoining properties to the north to minimize impacts on the circulation system and to create opportunities to consolidate developments. Also, the PUD is intended to provide for a natural preservation area to protect an eagle nesting area in the southwest corner of the property. .: 1.02 NAME - The PUD development shall be known as "Germain Automotive Facility." 1.03 LEGAL DESCRIPTION '`•. See Attached Exhibit "H" 604 TITLE TO PROPERTY The subject property is currently under ownership and the unified control of Germain Properties of Columbus, Inc., yf `�. 1.05 CURRENT ZONING A -2 and C -4 74 ' 1 -1 BOOK 39PAIGE186 r,. , �y'•1!: •. t �r.r 2.01 2.02 Agen a item No. 81,3 0,fcber 14, 2008+ Pace 128 of 139 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the plan of development and delineate the general conditions that will apply . to the project. GENERAL PLAN OF DEVELOPMENT Germain Automotive Facility is a planned community, which includes a mixture of commercial uses and conservation areas as generally described in Section 2.06. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is planned to be in compliance with the applicable Collier County zoning and subdivision regula- tions as well as other Collier County development codes in effect at the time permits or plats are requested, except as provided herein. In the event that specific standards are not contained herein to govern the proposed develop- ment, the applicable standards of the Collier County Zoning Ordinance shall be considered in effect. 2.04 LAND USE 2.05 A. The MASTER DEVELOPMENT PLAN illustrates conceptual proposed land uses for development of the parcel. Final design and layout of buildings may be adjusted to meet the needs of future owners /developers to meet market conditions or to coordinate plans for the development of adjoining properties as long as the overall intent of the Master Development Plan are met. Some variations in building sites may be permitted at final design to accommodate stipulation agreement sheet requirements, vegetation, encroachments, utilities, topography, site and marY.et conditions. These considerations are subject to Subsection 7.27j. of the Collier County zoning ordinance. B. The property will contain structures for new and used automobile dealerships and automobile service and repair facilities. Maximum area for these structures will be 60,000 square feet. SITE PLAN PROCESS A. Preliminary and Final Site Plan Approval shall be in accordance with Section 10.5. of the Collier County Zoning Ordinance. 2 -1 BOOK 39 PAu 187 4t t ,t '35er 14. 2003 Page 124 of 139 x.06 LAND USE SCHEDULE LAND USE TYPE APPROXIMATE ACREAGE APPROXIMATE SQUARE FOOTAGE :Open Space 3.91 170,570 r4 pArea 63 27,530 Building Area (Under Roof) 1.19 51,780 Walk Area .23 10,045 Pavement Area 7.09 308,635 } TOTAL -'` 13.05 568,560 41'4 ..Acreages and square footage calculations are approximate and may .vary slightly to accommodate site conditions, environmental permits, topography and existing native vegetation. " '2.07 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities, and other purposes as may be needed. Said easements and improvements shall be done in substantial i compliance with the Collier County Subdivision Regulations. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compli- ance with applicable regulations in effect at the time approvals are requested. 2.08 SIGNS t, Sign regulations shall conform to those in the Collier County Sign Ordinance at time of application for a sign permit. *:::•` 2.09 BUFFERS Buffer areas may be utilized for the required landscaped areas provided that such use is not inconsistent with any �< easements that may lie within buffer .irean. 2 -2 BOOK 39 PASS 188 • f_ Age;°tda Item No. 8C October 14, 2003 Pa,ae 125 of 139 SECTION III DEVELOPMENT REGULATIONS I PURPOSE The pose of this Section is to set forth the regulations for the area designated on Exhibit "A ", Master Development Plan, as the Commercial Retail Center. 32 PERMITTED USES AND STRUCTURES A. New and used automobile dealerships with showrooms, offices and service and repair facilities. 03 MINIMUM YARD REQUIREMENTS A. Setback from U.S. 41: Seventy -five (75) feet B. Setback from south property line: Eighty (80) feet C. Setback from west property line: One hundred (100) feet D. Setback from north property lines Fifty (50) feet E. Setback from conserva- tion area: Fifteen (15) feet F. A landscape buffer area, where required, of at least ten (10) feet shall be maintained between parking areas and property lines and shall comply with Section 8.37 of the Zoning Ordinance. .04 BUILDING SEPARATION All buildings shall be separated A minimum of twenty (20) feet or one -half (1/2) the sum of ':heir heights, whichever is greater. .05 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES One thousand (1,000) square feet per building on the ground floor. .06 MINIMUM LOT FRONTAGE One Hundred Fifty (150) feet .07 MAXIMUM HEIGHT Fifty (50) feet above finished grade of tot or required flood elevation whichever is greater. 3 -1 00K 39 PAu 189 •Y �r �I �r O VZ 3.09 3.10 = Item Pia- 80 :IJL:er ?GGa e of 13 9 MINIMUM OFF- STREET PARKING AND OFF- STREET LOADING REQUIREMENTS A. Ten (10) spaces per auto sales building: 40 spaces B. One (1) space per 200 square feet of office and showroom: 75 spaces C. One (1) space per 1,000 square feet of repair and maintenance: 40 spaces D. Loading spaces shall be provided as per the Zoning Ordinance of Collier County. MINIMUM LANDSCAPING REQUIREMENTS As required by the Zoning Ordinance of Collier County. SPECIAL PROPERTY DEVELOPMENT REGULATIONS A. Landscaping, buffer areas and supplementary district zoning regulations that may be applicable to certain uses above shall be adhered to unless in conflict with any of the provisions specified herein. B. Outside storage and display of new and used automobiles shall be permitted except in the rear and side yard buffer areas, water management areas and the preserve area for eagles protection. However, there shall be no outside storage and display of automotive parts and supplies. C. Loudspeakers and outside public address systems shall not be allowed on the premises. D. A 25 foot buffer /green belt shall be installed and maintained at the east property line and run the entire length of Rt. 41. This area szhall be exclusive of any retention /detention area or vehicle display areas. E. A 25 foot Water Management and landscaped buffer area along with a 6 foot opaque fence shall be installed along the west property line. The fence shall not be installed at the Bald Eagle preserve area to the south. 3 -2 BOOK A PA14 190 Agenca !tens No. 8C October 14. 2008 Page 127 of 139 SECTION IV OPEN SPACE /CONSERVATION (OS /C) ''Approximately 1.9 acres located in the southwest corner of this project as indicated on the master plan shall be kept in its natural state as a preserve area for the protection of the bald eagle as per the approved management plan and for water manage- ment purposes. Overall, approximately thirty (30 %) percent of the total area shall be retained as open space. The minimum width of open space shall be twenty (20) feet. Buffering and landscaping may be incorporated and included with any open space and setback areas provided that such uses are not inconsistent with any easements that may lie within any open space and setback areas. �Y rrtir.. .r Y r; n . KV �.r 4 -1 BOOK 39 PAGE 191 I SECTION V GENERAL DEVELOPMENT COMMITMENTS Agen- is r P'!O. SE. Oc4- Der '14, 2008 PURPOSE The purpose of this Section is to set forth the standards for development of the project. A. The design and layout illustrated by the Master Development Plan shall be understood as general in nature and flexible so that final design may comply with applicable requirements and best utilize the natural resources. B. Minor design changes may be permitted subject to staff review and approval, and design changes necessitated by environmental permits shall be permitted subject to staff review and approval. Said changes are subject to the requirements of Subsection 7.27j. of the Collier County Zoning Ordinance. C. Development associated with this Petition shall be subject to the availability of adequate public facilities as defined in the Adequate Public Facilities Ordinance. DEVELOPMENT COMMITMENTS A, Transportation t. The developer shall provide right turn lanes on Tamiami Trail at each project entrance. 2. The developer shall provide a north bound left turn lane on Tamiami Trail at the existing median opening opposite Royal Cove Drive. 3. The County and Florida Department of Transportation reserve the right to modify, in the future, both the access points to the existing northerly tract and the most southerly access point to the new development by eliminating the median opening and /or modifying and /or closing the access points based on safety and capacity criteria. 4. The developer shall provide arterial level street lighting at each project entrance. 5. The Road Impact Fee shall he as set forth in Ordinance 85 -55 as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of Commissioners. 5-1 600K 39 PAu A2 1� Agen�a item No. 3C October 14, Paae 129 of 139 6. Access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 7. in consideration of pending implementation of Growth Management Regulations and the potential of adjacent roadways not conforming to appropriate service level standards due to the rate of increase of traffic volumes versus scheduled /funded roadway capacity improvements, the applicant should be advised that future land development activities in the area may be subject to future land use control consistent with the above regulations. B. Project Review Services: Engineering: 1. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. 2. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. 3. The petitioner shall choose which discharge location is to be used prior to Site Development Plan submission. If the petitioner chooses to discharge into the U.S. 41 ditch, an FDOT permit shall be provided prior to final SDP approval. 4. A Florida Department of Transportation right -of -way permit shall be provided prior to construction plan approval. 5. This project is recommended for approval for rezoning purposes only. Site development plan shall be submitted and approved at a later date. 5 -2 600K 39 PALL 193 �4 `G Qc z 'inch No. tfC Ccto',?er 14, 2008 Pa-Ze 1;-0 of 139 Utilities: 1. Water distribution, sewage collection and transmission and interim water and /or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88 -76, as amended, and other applicable County rules and regulations. 2. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and /or sewer service to the project, the water and /or sewer customers shall be customers of the interim utility established to serve the project until the County's off -site water and /or sewer facilities are available to serve the project. 3. The existing off -site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. 4. The on -site water distribution system to serve the project must be connected to the District's 12 -inch water main on the south side of Wiggins Pass Road and 6 -inch water main on the west side of U.S.41 and extended throughout the project. 5. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on -site force main which will connect the project to the central sewerage facilities of the District in the U.S. 41 right -of -way. The force main must be extended from the main on -site pump station to the right -of -way line of U.S. 41. 6. The existing off -site sewage transmission facilities of the district must be evaluated for hydraulic capacity to serve this project and improved as required outside the projects boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 5 -3 BOOK 39 PAGE 194 I r Agenda !tern No. 8C Oct;�,ber 14, 2008 Pay e 131 of 139 7. Prior to approval of construction documents by the County, the Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer service to the project until the County can provide these services through its sewer facilities. Environmental: 1. Petitioner shall comply with Ordinance No. 82 -2 as amended by Ordinance No. 89 -57 (Use of Native Species in Landscaping). 2. Petitioner shall comply with Collier County Comprehensive Policy 6.4.7, Ordinance No. 82 -2 as amended by Ordinance No. 89 -49, and Ordinance 75 -21 as amended by Ordinance No. 89 -58. The appropriate amount of naturally functioning vegetation to be retained on site shall include the following: a. 1.9 acres of bald eagle preserve area in the southwest corner of the site; b. at least a twenty -five (25) foot wide naturally vegetated buffer along the western boundary of the site shall be retained and enhanced with native plantings within the already established Water Management area, (after the berm and /or wall is established); c. relocate to the 25' buffer the clump of large laurel oaks along the eastern boundary of the site; and d. existing native vegetation outside the line of construction shall be incorporated into the landscaping plan. 3. Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12.1.3 (discovery of an archaeological or historical site, artifact or other indicator of preservation). 5 -4 KOK 39 PAGE 195 N nr • 14, 20ir eye 132 of 139 4. if wetland impacts are proposed, the petitioner must submit a mitigation plan with preliminary SDP, reflecting a 2.5 : 1 area ratio, that must be approved by Collier County Project Review Services Environmental Staff (Collier County Comprehensive Plan Policy 6.2.10). 5. All heavy equipment operation and other activities necessitating excessive noise shall be restricted to the non- nesting season (May 15 through October 1). 6. All lighting shall be positioned /shielded in such a way that no light illuminates the bald eagle preserve and buffer zone. 7. Pursuant to Collier County Growth Management Plan Goal 7, Objective 7.3, Policies 7.3.4 and 7.3.5, the petitioner shall retain gopher tortoises on site or shall relocate them according to Florida Game and Fresh Water Fish Commission (FGFWFC) protocol after contacting and receiving approval from the FGFWFC. 8. In the event protected species nests or burrows are encountered during development, the project design shall be adjusted if warranted (Collier County Comprehensive Plan Policy 7.3.4). 9. Petitioner shall obtain and submit documentation of all necessary local, state and federal permits and permission from U.S. Fish and Wildlife Service before exotic removal in primary eagle zone. 5 -5 BOOK 39 PAGE 196 Agenda Item No. 8C October 14 2008 Page 133 of 139 • � ,....y •.ir'r 'r+,?'fyR �•v �'� � � - „yr�ar its:; �_ TrMl i ; '� "" — nuninntuunin mnfuiwuinll� -J -r _- - - -__- •' -_ _ -- `R_-- • � .C'!. _ -•r -- _ ' - __-- :ira•L_�.- __LT�Tl > I -- ------------ - ---te - _. —._.. -- Y.- .._i�'..• .. �.�..' _��•' +. -_7 ,.. .0 �_ __ ----------------------- c_s arr - -- - -- =_-- - ----- = -- - -- ! - - -- . - - _ { -- ----'- ------------------- ------------ mill / .-- -- __--.- - -_... --- --- ._.- Ir i t HOLE. MONTCs AND ASSOC_ INC. CONSULTING CNGINCCn3 — I'LANNEn. — LANU . ultvE.Yons Exhibit n Property De.cription '1 r e 3 SFr LIMA File No. 87.50 ' 7/7/00 _x A parcel of land located in the Southeast. quarter of Section 1G, Township 'to South. Range 25 East, Collier County, Florida, being more particularly , ; idescrlbcd, as follows: Commence at the Northeast corner of the Southeast quarter of Section 1G, Township no South. Range 25 East, Cullier County, Florida; thence run South 0003G'52" East along the East line of tho Southeast quarter of the said Section 16 for a distance of 490.30 feet; thence run South 00 007130" West, parallel with the North line of the Southeast quarter of the said Scctlon 1G for .a distance of 102.27 feet to a point of the Westerly right -of -way line of State Road No. 45 (Tamiarni Trail) as the same is shown on the State of Florida Department of Transportation Right -of -Way map for State 119.-id No, tts, "Collier County, Section 03010 2519 Sheet. 2 and the POINT OF BEGINNING of the parcel of land herein described; thence run SuuM 01clu u .40 11 Last along the Westerly right -of -way lime of Stale Road No. ti5 for a distance of 707.12 feet,--- thcncc run South 00 °59'30" West at right angles to the said Westerly, right -of -way line for a distance of 57n.11 feet: Lhence run North 01004115" West for a distance of 755.21 feel; thence run North 00 050'00" West for distance of 223.16 fact; thence run North 00 "07130" East, parallel with the North line of the Southeast duarter of the said Section 1G for a distance of S70.33 feet to the POINT 01= 13CGINNING. Containing 13.0522 acres, more or less. 4Y�r� F' TjNti�• BOOK 39 pAu 198 r -ld 3ovmvtjNVo ofalSDC3 1 11 Hlam 'I IHVIKVL c is, sn ---------------------------------------- -------------- ------------- I ------------ 7 --------------------- e--t—f ----------------- --- 41— --------------- ------ --------- ------ ----------- f L if I o co CD CD JW3K39VWW &MVA HUMS HY-W ly711403"Em :ji i it -------------- - ----- ------------------- ------------ -------------------------------------------------------- - 0. ------------------ ----- ---- - ----------- - - -------- ------- T -- I -- ltj UL�L fe CID Z5 Jt CID Z5 J i Al Agenda item No. 8C October 14, 2008 Page 137 of 139 7777W Ell 9 ..... ..... ri M-M. AgEirrc-a Item No. 8- Octobor 14, 2003 g e 3 o` 109 Age(�}n a `:L °iii ^Cjcn. SC O1,Lo'be ^��+. 11'08 STATE OF FLORIDA ) COUNTY OF COLLIER ) �Fa a� I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do z ", iw hereby certify that the foregoing is a true copy of: Ordinance No. 90 -50 07, which was adopted by the Board of County Commissioners on the 6th day of June, 1990, during Regular Session. WITNESS my hand and the official seal of the Board of w V,. County Commissioners of Collier County, Florida, this 14th �w r" day of June, 1990. r JAMES C. GILES /7, Clerk of Courts and Cleric._-"- Ex- officio to Board of .`% County Commissioners t. ♦ :3 B /s /Maureen Kenyon Deputy Clerk 600K 39 PAGE 203