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Ordinance 2020-001 ORDINANCE NO. 20- 01 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 AN INDUSTRIAL (I) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW 50,000 SQUARE FEET OF FLOOR AREA FOR AN AUTOMOTIVE DEALER, FOR A 4.7+/- ACRE PARCEL TO BE KNOWN AS THE 3600 RADIO ROAD CPUD, LOCATED JUST EAST OF THE INTERSECTION OF AIRPORT PULLING ROAD AND RADIO ROAD, IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PL20180002741] WHEREAS, The Better Body Shop & Used Factory, Inc., represented by Kenrick S. Gallander of RWA, 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 1, Township 50 South, Range 25 East, Collier County, Florida, is changed from an Industrial (I) Zoning District to a Commercial Planned Unit Development(CPUD) Zoning District for a 4.7+/- acre parcel to be known as 3600 Radio Road CPUD, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, [19-CPS-01883/1514232/1190 Page 1 of 2 3600 Radio Rd/PL20180002741 12/18/19 as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this / ` day of v , 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYS,WzItplpN7EL, CLERK COLLIER C40:11), ' = .S 'IDA Ce) 040 BR; ) �� C C. By:• �..- � "ruty Clerk Wiliam L. McDaniel, Jr., Chairman Att pans i Ot rcOly. ApprovecrPfo forrn and legality: __Ltd, di A Heidi Ashton-Cicko Managing Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: Developer Commitments This ordinance filed with the algary C'34ow and ocknowledgemekti f hat fi i eceived this 01 day By Deputy Clark X- ‘AeSt(L [19-CPS-01883/1514232/1190 Page 2 of 2 3600 Radio Rd/PL20180002741 12/18/19 EXHIBIT A LIST OF PERMITTED USES 3600 Radio Road CPUD A Commercial Planned Development A maximum of 50,000 square feet of gross commercial floor area shall be permitted with this CPUD. 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: PERMITTED USES: Tract C-Commercial: A. Principal Use(s): 1. Automotive vehicle dealers(5511) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures,including, but not limited to: 1. Automotive repair, service and washing in conjunction with automotive dealers and service (7532—7539) 2. Car washes(7542) 3. Uses and structures that are accessory and incidental to an automotive sales use. 4. Display of new and used automobiles for sale. Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. Tract P-Preserve: A. Principal Use: Preserve B. Accessory Uses: Uses subject to LDC Section 3.05.07 H.1.h Allowable uses within County required preserves. Page 1of7 3600 Radio Road CPUD PL 20180002741 Revised:November 7,2019 EXHIBIT B LIST OF DEVELOPMENT STANDARDS 3600 Radio Road CPUD A Commercial Planned Development The Table below sets forth the development standards for the land uses within the 3 600 Radio Road CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the Site Development Plan (SDP), Site Development Plan Amendment(SDPA)or Plat. Table 1—COMMERCIAL DEVELOPMENT STANDARDS: PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH 100 Ft. N/A MINIMUM YARDS(External) Front 25 FEET S.P.S. Rear 15 FEET S.P.S. Side 15 FEET S.P.S. Internal Drives/ROW N/A N/A Preserve Boundary 25 FEET 10 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 25 FEET S.P.S. MAXIMUM HEIGHT Commercial Buildings: zoned/actual 45 FEET/55 FEET 35 FEET/35 FEET MINIMUM FLOOR AREA 700 SQUARE FEET* N/A MAXIMUM GROSS AREA 50,000 SQUARE FEET N/A S.P.S.=Same as Principal Structures *Per principal structure on the finished first floor. GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. If required, landscape buffers and lake maintenance easements shall be platted as separate tracts at time of SDP or Plat approval. Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Page 2 of 7 3600 Radio Road CPUD PL 20180002741 Revised:November 7,2019 3? a CURRENT USE:OFFICES AND SERVICES 3T‹ ZONING DISTRICT:INDUSTRIAL(I)AND -+ ▪ 3n {1I PUD \ \ -I �70> IRt 0. D D m ' m m \ �,' 2.y. ,.•.\� \� \A. V� V ,O� 3 z �D �m� \//�\/. 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In z T g y z --'3 cm_3 m m O n v 71 N 3 y m m l THE BETTER CT SHOP INC.AND A� /� E 3 0A car mwo ,`�{,Y.\ '�-e a l� USED CAR FACTORY,I a 1 E1 " " 3600 RADIO ROAD CPUD ENGINEERING — -- ' Florida Certificates of Authorization EB 7663 LB 6952 s OLP PAP MP W E ¢' mu. 6610 Willow Park Drive,Suite 2001 Naples,Fl 34109 EXHIBIT C:MASTER PLAN Office:239 597 0575 Fax:(239)597-0570 corse",. OLP MAY MO www.consult-,,a.Com :max DU. ox,r I « § \ F. _; -9-: (\ \ / -0 \ } j \ ( , _ ) e) 1k y . _ } �` e; l_ mw > > m \/}\ • ); c • • zm m / / - , - 9 > mC Sr' O na \ \ \ mzz D §9 § § % \ k9 » p + > o a J % ; §; -I• $ ) @ ) % (7: z ` 2m M ¥ . - 1- w § > { ° 11 kj` 2 \ x ) VW / gR `` ` M . % 3 $ { f Q * § , m §© _ 0 ) z ` e R ° m © \ ® z -< im Cl)m m 0 \ / a 0y p \i. § 0 j )) ( � \- • �§\ O %• d0 %§ z . ` ® : ` maw M® p X § / § / - . , 0 \ 4 \ > Z \ i � cn ( 4 \ . k§ k� K / / e, . _ THE BETTER BODY SHOP AND Ek/� USED CAR FACTORY,INC. ilLA.....1/ . w> a. mom-r, mom r�DC D Florida ENGINEERING e LB 6952 _ , Sles,FLuite PLAN �° 09 \ Ea, lAY MO COMMENTS� , _ EXHIBIT D LEGAL DESCRIPTION 3600 Radio Road PUD (PUDZ) A Commercial Planned Development Property ID Number:00384560004 (PER OFFICIAL RECORDS BOOK 4881, PAGE 967 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA) THE EAST HALF(1/2)OF THE NORTHEAST QUARTER(1/4)OF THE NORTHWEST QUARTER(1/4)OF THE NORTHWEST QUARTER(1/4)OF SECTION 1,TOWNSHIP 50S, RANGE 25 EAST LESS THE NORTH 50'THEREOF CONVEYED FOR ROAD RIGHT OF WAY,COLLIER COUNTY,FLORIDA CONTAINING 205,411 SQUARE FEET OR 4.7 ACRES, MORE OR LESS. Page 4 of 7 3600 Radio Road CPUD PL 20180002741 Revised:November 7,2019 EXHIBIT E LIST OF DEVIATIONS 3600 Radio Road PUD(PUDZ) A Commercial Planned Development None proposed. Page 5 of 7 3600 Radio Road CPUD PL 20180002741 Revised:November 7,2019 EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS 3600 Radio Road PUD(PUDZ) A Commercial Planned Development PURPOSE: The purposed of this Section is to set forth the development commitments for the development of this project. GENERAL: A. One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval,the Managing Entity is The Better Body Shop and Used Car Factory, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity.As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out,then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. Page 6 of 7 3600 Radio Road CPUD PL 20180002741 Revised:November 7,2019 TRANSPORTATION: A. The owner shall construct at its sole expense and in accordance with the applicable County ROW permitting and construction standards, a dedicated eastbound right turn lane prior to issuance of the first Certificate of Occupancy. At time of SDP approval, the owner shall convey to Collier County, free and clear of all liens and encumbrances, compensating right-of-way for the use of the County's right of way for the eastbound right turn lane. B. The maximum total daily trip generation for the PUD shall not exceed 112 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. C. The owner, its successor or assigns, agrees to require and ensure no test or repair drives shall occur on Donna St.,Gail Blvd,or Esther St. (Residential Neighborhood Streets). LANDSCAPING: Reserved ENVIRONMENTAL: A. A minimum of 10 percent of the existing viable naturally functioning native vegetation on-site shall be retained. The minimum required native vegetation for the CPUD is 0.077+/-acres. PUBLIC UTILITIES: Reserved MISCELLANEOUS: Reserved Page 7 of 7 3600 Radio Road CPUD PL 20180002741 Revised:November 7,2019 .,111}1I!/, A \\\\- FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State January 21, 2020 Ms. Ann Jennejohn, BMR Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Jennejohn: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 20-01, which was filed in this office on January 21, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us