Ordinance 2020-032 ORDINANCE NO. 20 - 3 2
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 ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN
AGRICULTURAL (A) ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD)
ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS
GERMAIN IMMOKALEE CPUD, TO ALLOW A NEW AND
USED AUTOMOTIVE DEALERSHIP UP TO 80,000 SQUARE
FEET ON THE PROPERTY LOCATED ON THE SOUTH SIDE
OF IMMOKALEE ROAD APPROXIMATELY 0.6 MILES
WEST OF INTERSTATE 75, IN SECTION 30, TOWNSHIP 48
SOUTH, RANGE 26 EAST, CONSISTING OF 8.97± ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
[PL20190000451]
WHEREAS, Thomas D. Barber, AICP, of Agnoli, Barber & Brundage, Inc. representing
JAZ Real Estate Holdings, LLC, petitioned the Board of County Commissioners of Collier
County, Florida, 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 30,
Township 48 South, Range 26 East, Collier County, Florida, is changed from Agricultural (A)
Zoning District to a Commercial Planned Unit Development (CPUD) for a 8.97± acre project to
be known as Germain Immokalee CPUD, to allow a new and used automotive dealership (SIC
5511), in accordance with Exhibits A through F attached hereto and incorporated by reference
herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41,
as amended, the Collier County Land Development Code, is/are hereby amended accordingly.
[19-CPS-01908/1562200/1]110
Germain Immokalee Road/PL20 1 9000045 1
9/1/20 Page 1
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 20 - 51 becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this 13-ti day of Oad LAC 2020.
ATTEST: . - 1.. BOARD OF COUNTY COMMISSIONERS
CRYSTA4;K. KINZEIZ 1 LERK COLLIER COUNTY, FLORIDA
�. f
Afigi‘X,4aeoilib4—
By: y:
Attest as to Chairman s l, f-lepu er Burt L. Saunders, Chairman
signature only. IJ
Approved as to form and legality:
iCt I"Ott A C/L OC R
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A- List of Permitted Uses
Exhibit B - Development and Design Standards
Exhibit C - Master Concept Plan
Exhibit D - Legal Description
Exhibit E- Deviations
Exhibit F - Development Commitments
This ordinance fired with the
Se Eatery of t 's Office the
'day of( t3 ,
and acknowledgement of that
filing received this day
ofO•CIX.Y , r c D. `;.
`By,1t,. _ ;
Deputy
[19-CPS-01908/1562200/1]110
Germain Immokalee Road/PL20190000451
9/1/20 Page 2
EXHIBIT A
Permitted Uses
The Germain Immokalee CPUD shall be developed as a commercial use project, which will include a
luxury automotive sales facility, limited to 80,000 SF Gross Floor Area(GFA).
Tract A:
A. Principal Uses:
1. A Luxury Motor Vehicle Dealers (new and used); SIC Code Group 5511
a. A Luxury Automobile Dealership shall be any automobile dealership (SIC Code 5511)
that sells only high-end luxury vehicles such as, but not limited to, Lamborghini, Ferrari,
Maserati, Lotus, BMW, Lexus or Jaguar and the hours of operation may be less than a
typical automobile dealership and inventory may be limited.
2. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by Hearing Examiner or the Board of Zoning
Appeals (BZA) by the process outlined in the LDC.
B. Accessory Uses:
1. Automotive Parking for vehicular storage for new and used sales only.(7521)
2. Car wash, subject to the provisions of LDC Section 5.05.11.
3. Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
Showrooms, carwash, offices, service facilities and repair facilities.
4. Display of new and used automobiles for sale, provided it does not adversely affect
pedestrian or vehicular traffic or public health. Vehicle display is prohibited within any
required landscape buffer, and allowed within front, side and rear yard setbacks.
Tract B:
A: Principal Uses:
1. Preserves
B. Accessory Uses:
1. Pathways
2. Stormwater Retention/Detention
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EXHIBIT B
DEVELOPMENT STANDARDS:
Table I below sets forth the development standards for land uses within the proposed
Commercial use PUD (CPUD). Standards not specifically set forth within this
application shall be those specified in applicable sections of the LDC in effect as of
the date of approval of the SDP or Subdivision plat, consistent with C-4 zoning.
TABLE I
DEVELOPMENT STANDARDS
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 Sq. Ft. N/A
MINIMUM LOT WIDTH 150 Ft. N/A
MINIMUM YARDS (External)
From Immokalee Road ROW 50% of the building height, SPS
but not less than 25 feet.
Structures 50 feet or more in
height = 25 feet plus one
additional foot of setback for
each foot of building height
over 50 feet.
From South, West and East Property 25 Ft. SPS
Boundary
From South Property Boundary 50% of the building height, SPS
but not less than 15 feet.
MIN. DISTANCE BETWEEN 1/2 sum of building heights 1/2 sum of building heights
STRUCTURES or 15 ft (whichever is or 15 ft (whichever is
greater) greater)
MAXIMUM HEIGHT Zoned 55 Ft. Actual 60 Ft. Zoned 55 Ft. Actual 60 Ft.
MINIMUM FLOOR AREA 1,000 Sq. Ft.
MAX. GROSS FLOOR AREA 80,000 Sq. Ft Included in principal use
calculation
PRESERVE SETBACK 25 FT 25 FT
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PL201 9000045 1-(8 17 2020)GERMAIN IMMOKALEE CPUD 3 OF 8
EXHIBIT D
LEGAL DESCRIPTION
(O.R. 1079, PAGE 1242)
THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 26 EAST; SUBJECT TO EXISTING RESTRICTIONS AND
RESERVATIONS OF RECORD; AND EXCEPTING THE NORTH 100 FEET
THEREOF PREVIOUSLY CONVEYED FOR HIGHWAY RIGHT OF WAY.
LESS AND EXCEPT THE PARCEL DESCRIBED IN OR BOOK 1716, PAGE
1552 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 8.97 ACRES MORE OF LESS.
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EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
No Deviations are requested.
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EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
GENERAL
1. The maximum vehicle trip generation for the PUD shall not exceed 166 two-way PM peak
hour net new external trips based on the use codes in the Institute of Transportation
Engineers Trip Generation Manual in effect at the time of application for development
order approval.
2 Access points shown on the PUD Master Plan are considered to be conceptual. Nothing
depicted on any such Master Plan shall vest any right of access at any specific point along
any property boundary. The number of access points constructed may be less than the
number depicted on the Master Plan; however, no additional access points shall be
considered unless a PUD amendment is approved.
3. Site related improvements(as opposed to system related improvements)necessary for safe
ingress and egress to this project, as determined by Collier County, shall not be eligible for
impact fee credits. All required improvements shall be in place and available to the public
prior to commencement of on-site construction.
4. Outside storage or display of automotive parts and supplies is not permitted.
5. The southernmost portion of the property shall have a designated preserve. The area of the
preserve shall equate to 15%of the total site acreage. Total site acreage= 8.97.
8.97 acres x 0.15 = 1.35 acres.
6. The preserve may be used to satisfy the landscape buffer requirements after removal of
exotics and supplemental plantings in accordance with LDC 3.05.07. In order to meet the
LDC requirements for a type"B"buffer along the southern boundary of the PUD,a 6' wide
landscape buffer reservation has been identified on the Master Plan. In the event that the
preserve does not meet the buffer requirement after removal of exotics and supplemental
planting,the owner will plant additional landscaping in the 6' reservation to meet the buffer
requirement.The type, size and number of plantings will be determined at time of SDP and
included on the landscape plans for SDP.
7. 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 JAZ Real Estate Holdings, LLC. 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
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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.
8. 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)
9. All other applicable state or federal permits must be obtained before commencement of
the development.
10. If feasible,the Immokalee Road access shall be relocated to the western property line and
designed as a joint driveway to serve this PUD development as well as the property to the
west. The joint access shall include required reciprocal easements to allow construction
and use to service both parcels and shall be permitted and constructed at time of first SDP
or Plat of either parcel-development.
OPERATIONAL RESTRICTIONS:
1. No outdoor paging or amplified sound shall be permitted.
2. Collision shop operations are prohibited.
3. Used car sales are limited to those used cars traded in incidental to the sale of new
vehicles from the facility.
4. Vehicular access/overhead doors for vehicle delivery, showroom, car washing areas, and
service areas, including service drop off and pick up, shall not be visible from a public
roadway. Overhead doors may be visible from any internal roadway or internal driveway
only if a roll down security style door or fully glazed overhead door is used.
5. Services doors must be designed to allow for closure and opened only for entry and
exiting of vehicles, and not visible from the exterior of the site.
6. Off-loading of vehicles shall be prohibited on any public street.
7. Hours of Operation shall be limited as follows:
a. Sales—8:00 AM to 9:00 PM for Monday through Saturday
b. Service—7:00 AM to 6:00 PM Monday through Saturday
c. Sales and Service— 10:00 AM to 6:00 PM Sunday
8. Buildings will be limited to three stories.
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9. Outdoor Lighting:
a. Lighting will be shielded and directional to avoid glare on neighboring properties.
Illumination at all adjacent residential property lines shall not exceed .5 foot
candles.
b. All lighting will be flat panel fixtures.
c. Lighting on the perimeter of the project will utilize full cutoff shields
d. Any lighting within 50 feet of a residential property line will be limited to 15 feet
in height.
e. All lighting will be no more than 25 feet in height.
f. Display lighting will not exceed 1,000 watt metal halide intensity or equivalent
(intensity of LED, or other bulb type).
10. Pylon or ground signs in the front of the property shall not be backlit.
UTILITIES:
1. The existing 8" County water main shall be extended from Useppa Way to the potential
future connection point on the western boundary of the PUD. The main will be conveyed
to Collier County Water-Sewer District within a county utility easement (CUE) of 15' in
width. This shall be in accordance with the Collier County Utilities Standards and
Procedures ordinance, at no cost to the County or District, and free and clear of all liens
and encumbrances,prior to or concurrent with preliminary acceptance of utilities.
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FLORIDA DEPARTMENT of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
October 16, 2020
Ms. Martha S. Vergara, BMR&VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 20-32, which was filed in this office on October 15, 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