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Ordinance 86-06 RECEIVED c,~mZXA~cz er,- 6 WlLL~ .1~[~ ~2xa ~~ 82-2 ~ ~ ~IT D~~ ~ ~ BILL SHIP ~A~ 1/~ ~LE ~ST OF ~ I~SE~lON OF ~I0 ~ ~ DAVIS B~~ 10.28 A~S IN S~ION 3, ~SHIP ~0 SO~, ~GE 26 ~T; ~ ~G ~ E~I~ DATE. b~ZA~, Donald A. Plckeor~h, repreeentin$ l~llll~ Galleon, petitioned the Board of County Co~iesionera co change the Zonin$ Classification of the herein geecribed real propertyI MO~, TH~IL~OR~ BE IT ORDAII~D by the Board of County Co~'issionere of Collier County, Florida: The Zoning Cl~eeificat/o~ Of the herein described real property located in Section 3. Tmmship 50 South~~ ~ngs 26 ~st, Collier ~, Flort~ ia c~nged ~r~ ~ to ~" Planned ~tt D~e!~nt in accordance ~th the F~ do~ attached hereto la ~htbit ~ich Is ~co~ora~ed here~ ~d by refertnce ~da par~ hereof. Official Z~tng Atlas ~p ~er 5~2~2, as descglbed tn Ordt~nce 82-2, ~ hereby ~ed ~is ~dt~nce shall becm effective ~ recetp~ of notice ~ha~ is h~ be~ filed ~th the ~ecre~ of ~a~e. February 4, 1986 ** ~* ASSISTANT COU1TI~f ATTOB/~'T Ordinance UNIT DKVEZ, OPMKNT BILL GALl, MAN OLDSMOBILE DEALERSKIP DIGBY BRIDGES, MARSH & AS3OCIAT]~ INC., P.A. 1'~4 N.B. PIFTH AVENUE DELRAY BEACH, FLORIDA 33444 BRUCE GREEN & .A,~OCIATE~ INC; ' 600 lr/lrl'H AVENUE SOUTH NAPI,E~ FLORIDA 33940 TABL~ OF C~STENT~ SECTION I STATEMENT OP GOMPLIANCE ~CTION ff STATEMENT OF INTENT SECTION I7I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTION IV GENERAL DEVELOPMENT REGULATIONS $~'TION %' GENERAL DEVELOPMENT COMMITMENTS PAGE 1.1 4.1 5.1 SECTION I STATEMENT OF COMPLIANCE The development of 10.28 acres of land located in parts of Section 3, of Township 50 South, Range 26 East, Collier County, Plorida as Planned Unit Development for an automoOile dealership will be la eomplianoe with the plannln~ goals and objectives of Collier County as set forth in the Compcehensive Plan, The use of the facility as an automobile dealership will be consistent with the ~rowth policies and land development reg~latlorm of the Comprehensive Plan land Use Element and other applicable documents ~or the following: reasons~ 2. The I~:)posed fac, il/ties will be designed to be compatible with and complementary to the area. 2. The WoJeet development will include adequate support facilities and will not increase demand, adversely a/feet, ix' economically burden existing users of public service suDport facilities or systems. 3. The peoJeet development will assist in the diversification of the Count)as economic base and In meeting employment needs of the present residents. 4. The project development will not adversely impact eontinguous properties. 5. AH improvements will be in compliance with all applicable County, State and Federal laws and ordinances governing project development. 8ECT10 N II STATEMENT OF INTENT T~e puc~3se of thfs Section Is to exD~ess the ~tent of the owne~ to ~ommenoe ~ve~pment of ~ autom~ile' ~e~p. ~s P~ U~t Development s~ ~ ~mit~ ~ ~ which are ~m~tible wi~ a~ re~t~ to an au~m~ile d~e~p. The ~ ~oJ~t faei~ti~ s~ in g~er~ c~ of b~ldin~ to ~e ~es, s~vi~e, ~ adml~tive functiom a~ re~t~ aeti~tl~, ~g with ~iat~ outd~r ar~ for ~ ~y, ~d ~or~e of ve~el~ ~ ~ of ~ ~m~t ~ ~ ~t fo~h t~ ~ti~ of dev~opment with oth~ ~mat.an r~ir~ in a~ee with PUD Or~. 2.1 S~gCTION m PI1OPI~TY OWNEILS_PI~_ AND LEGAL DESCRI:PTION ~601 Altpo~ Road~ Naple% Florida, '.J D~C~P~ON ~d Section $~ ~0.$~ feetl thene~ 8 O0~0fi~4O~ g, feet to th~ POINT OF BgGI~I~O~ ~nd ~ botn~ In th~ chord b~m 8 ~$$~18' ~ for 18~.g0 feot thene~ ~lon~ W 357.67 f~t~ thence N 00~15'-40~ W 1066.100 feet to the POINT OF BEGINNING. Contalrdr~ 10.25 acres, more or less. Bearings based on the eente~llne of $.1~ S-858 a~ N 89e- $q20" E. .:, ' t , J; . ?' ~ ' '' :' '¢~:.2; ' ,,, ;'T'~'"'.'~ ·· .., .... 8EC'TIO N IV GENERAl. DEYELOPMF. NT REGULATIONS 4.1 PURPOSE The purpose of this Section is to set forth the regulations for development of the proJeat as an automobile dealership. 4.2 PROJECT PLAN For the purpose of gros~ land use area~ the subject property is 10.28 acres. The project shall consist of and be Umfted to the land uses herein described. The project pisn is iUustrated in the PUD Master Development Plan as drawn by Digby Bridges, Marsh Associates, Inc., p.A., Job number 8135~ drawing numbers A-l, A-P., A-3, A-4, L*-I, L-2, dated October 2, 1985 and as amended u appUeable. 4.3 PERMITTED USES AND STRUCTURES No buildings or structures, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following, Permitted Principal Uses and Struetures~ 1. New automobile sales. Administrative offices and support service faelUties. 3, Any other uso which is compatible in nature with the foregoing uses and which the Zoning Director determines to be compatible. B. Permitted Accessory Uses aed 8truetures~ 1. Any accessory uses and structures which are incidental to and customarily associated with uses permitted in this Section. 2. Automobile service. 4.1 ~ Used ~ar sales. 4. Automobile storage. Water management and on-site utility and service facilities. 81gns as permitted at time of permit appli~ation. 4.& SET-BACKS AND BUFFER AREAS A, Radio Road and Davis Boulevard - Twenty-five (25) feet plus one (1) foot for each two (2) feet of butlding height over fifty (50) feet. There shall be no parking or merchandise displayed in the front 15 feet of this set-back area. B. Bast and west property lines. The set-back in the Bast and West property lines will be 50 feet. On the West property line, at least 30 feet of the set-back shall be a landscape buffer as described here~n. On the Bast property line, at least 12 feet of the set-back shall be a landscape buffer. The buffer zone will extend along the developed ~ortlon of the property, with the buffer along that portion shown for future expansion of the dealership to be constructed at the time of expansion The buffer zone shall comply with the reqtdrements of the Zonin& Ordinance In effect at the time building permits are required or requestS. The buffer zone shall utiltze only native vegetation, and developer shall retain, insofar as po~fble, existing trees with a trunk diameter in excess of four inches. 4.5 MAXIMUM HEIGHT OF BUILDINGS - Fifty (50) feet. 4.6 OFF-STREET PARKING AND LOADING As required by Zoning Ordnance In effect at time of application for buikllng permit. 4.7 FUTURE EXPANSION Those areas designated on the site plan as "Future Expansion of Oldsmobile Dealership~ shall be subject to site development plan approval prior to being utilized for such expansion. 4.2 SECTION V GENERA~ DEYELOPM~T COMMITMENT~ $.1 PURPOSE The purpose of this Section is to ~et forth the standards for development of the project. ~ $.2 PUD MASTER DEVELOPMENT PLAN 1. The PUD Master Plan is an iljustrative preliminary development plan. 2, The Master Plan shall be understood as flexible within the applicable limits of this document so that the final design may satisfy the project needs. 3. ALl necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities. 4. MinOr design changes shall be permitted subject to s~aff approval 5. Developer shall apply for a waiver of platting in accordance with ordinance 83-17. ~LID WAST~ DISPOSAl, Such a~Tangements and a~'eement~ as nee~ s~ ~ made ~ ~ ap~ov~ ~d w~e ~ se~ee ~ ~de f~ ~d w~te eo~tlon se~iee to ~ a~ of ~e ~J~t. 5.4 U~ AND BEB~CE ~. Po~le wate~ s~ ~ ~ by the ~ty Water S~tem. 2. W~te wate~ ~tment ~e F~H~ Admi~ative 5.5 ~ CLEARING A site el~E p~ s~ ~ ~bmitt~ ~ the Nat~ R~e~ M~Eement Department and the Community Development Division for their review and approval l~'lor to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent ~ible and how road~, building~ lake~ pa~king lots, and other facilities have been oriented to accommodate this goal 5.6 INCORPORATION OF NATIVE SPECIES Native s/~ecie~ shall be utilized, where available, to the maximum extent ~:~ossible in the site landscaping design. A landscaping plan will be submitted to the Natural Re~ource~ Management Department and the Community Development Division for their revie',v and approval. This plan will depict ~he ineo~>o~ation of native speele.~ and their mix with other ~)eeies, if any. The ~ of site landscaping shall be the recreation of native vegetation and habitat eharaetoristl~ lost on the site during construction or due to the p~t activities. $.~-_ ~ PLANTS All exotio plants~ as defined in the County Co~, shall ~ removed during each phas~ of construction from development areas, open space areas, and presewe areas. FoLlowing site development a maintenance pcogvam si,all I~ implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control teelmlques and inspection intervals ~ shah be filed with and al~roved by the Natural Resources Management Department and the Community Development Division. 5.8 ARCHAEOLOGICAL AND H~TORIGAL SITES If during the course of ~ite clearing, excavation, or other constructional activities, an archaeological or ht~torieal site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Neturel Resources Management Det~artment or & desl~mated consttltant to assess the find and determine the proper course of action in regard to salva~nt~lllty. Tl~e Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5.9 EXIBTIN O VEGETATION The existing vegetaUon shall be utiUzed to the maximum extent possible in the bUffer areas. 5.10 DRAINAGE OF SITE Detailed site drainage plans shall be submitted to the County Engineer for review for all new construction. No construction permits shall be issued unle&s and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. A. Davis Boulevard roadside swale shall be regarded as neeeasary to p,-ovide for unobstructed flow from the discharge structure to the nearest cross-culvert under 8R 84. B. That the Natural Resource Management Department review for disposal of toxic materials. 5.11 INGRESS AND EGRES~ ON DAVI~ BOULEVARD Subject to FDOT approval, the developer shall provide left and rlg,~t turn lanes on Davis Boulevard prior to the issuance of any certificates of occupancy serviced by tt~tt 5.12 INGRESS AND EGRESS ON RADIO ROAD The developer shall provide left and right turn lanes on Radio Road prior to the tasuanee of any certificates of occupancy, 5.3 5.13 LIGHTING If operations are to continue after sunset, the developer shall l:a-ovide arterial level street li~tin~ at each access or shall annually reimburse the County for doing so. 5.14 RIGHT-OF-WAY The developer shall dedicate twenty-five (25) feet of right-of-way along the south side of Radio Road for future roadway wi~ening. This shall be done at the developer's convenience or when requested by the County, whieheve~ comes first. 5.15 UTILITIES The Utilities Division sti~ulations per their memo dated November 15, 1994, are hereW lr~o~orated. 5.18 LIGHTING AND SPEAKERS Lfghting on display or storage areas will be located so as to reduce unnecessary glare into adjacent developed residential pcoperties. Outdoor si~cakers and/or alAcm systems will be located end designed so as to reduce unnecessary noise to adjacent developed residential [~roperties. yahOO46 5.4 MEMO DUM DATE: ~o':~-_b_'_" FROM:John ~, l'~da e~JIr.:l., T~. ~mHcF~t~, Plannin$ Depa~,L'nent ..... ,-? .... Ra~ Petition R-85-25C - Bill gall~an 0Zdsmobile Dealership (Supercedes Utilities Division memorandum dated November 15, 1984 for Petition R-84-45C). We have revieved the above referenced Petition and have no objection to the rezone as requested. However, ye rJqu~e the foX,oven Js a condition ~o our ~ec~anda~on f~ approval: A) Water & Sewer 1) ~ater distribution and sewage collection and transmission systems vi11 bs constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sever facilities constructed within' platted rishts-of-vay or s~lthin utility easements required by cha County shall be conveyed to the County for ownership, operation and ~aintenance purposes pursuant to appropriate County Ordinances and re~ulations in effect at the time of conveyance. All water and sever facilities constructed on private property and nsc required by the County to be loca~ed within utilitI easements shall be owned, operated and ~aintained by the Developer, his assisns or successors. Upon co~pletion of construction of the water and sever facilities within the project, the facilities will be tested to insure they meet Collier Countyte utility construction requirements in effect ac the time of construction com- pletion. The above tasks must be co~pleted to the satisfaction of,the Utilities Division prior to placing any utility facilities, Count7 owned or privately owned, into service. 2) All construction plans and technical specifications and' proposed plats, if applicable, for the proposed water distribution and sewage collection and trans~tssion facilities must be reviewed and approved by the Utilities Division prior to co~encement of construction. 3) 111 cus£o~ers connecting to the rater distribution and sewage collection facilities 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 co provide water and/or sever service to the project, the racer and/or sever customers shall be customers of the interi~ utility established to serve the pro~ect until the Countyts off-site water and/or sever facilities are available Co serve the project. ~) lC is anticipated thac the County Utilities Division sr~ll ult!__r~s_tely receive and treat the sewage generated by this pro~ect. Should the County system not be in a position to receive the project's wastevater at ~hs time development co,encee, the Developer, at his expense~ will install and operate interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. ,:? ~; ~,;;"( November 14, 198~ 5) An A~ree~ent shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally accepcable co the County, prior to the approval off consc~c~ion doc~en~s [or the proposed project, s~acin~ ChaC: a) ~e proposed on-site vas~ewa~er ~rea~men~ and disposal facili~ies, if required, are co be c~s~cCed as par~ of ~he proposed prc~ecc and ~sc be regarded as inter~; ~hey shall be cons~c~ed to SCa~e and Federal scan~rds and are ~o be ~ed, operated and ~incained by the Developer, his assi~s or successors ~til ~ch ~e as the C~nty's off-site sever facil~t~es are available to se~ce the project. ~e [nter~ treatment facilit~es shall supply se~ces ~ly ~o those lands o~ed by the Developer and approved by the C~n~y for development. ~e u:ili:y ~acility(ies) ~y not be e~anded ~o provide sewer se~ice outside ~he develo~ent bounda~ approyed by the County ~thout the ~it~en consent of the C~y. b) Upon connection to the County's off-sics sewer facilities, the Developer, his assigns or successors shall abandon, dis~ancle and re~ove fro~ the site the interi~ sewage treatment facili=y. All work related with this ac=ivi~y sMll be parroted a~ no cos= ~o che Cou~=y. c) Connection to the County's off-site sever facilities will be emde by the owners, their assigns or successors at no cost co the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction docmnents, permitting, modification or refitting of sewage ptmping facilities, interconneccion with County off-si~s facilities, sewer li~es necessary to ~aka the con~ection(s), etc, d) At the cite County off-site sewer facilities are available for the project co connect rich, the follovint sever facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Re~ulacions in effect at the ti~el 1) All sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits and those additional facilities required ~o ~ake connec~ion ~h ~he County's off-si~e sever facili~iea; or, 2) All sewer facilities required to connect the project to the County's off-site sewer facilities t~hen the on-site sever facilities are constructed on private property and not required by the County to be located within utility easements, including but not limited Co the follo~ing~ To: ~n' ~k:l~, FlaShing Department Novsmber 14, 1985 a) ~ se~ge lift station and force ~in inter- connec~in~ ~ch the C~n~y sewer ~acili~ies includinl all u~ili~y easements necessa~. e) The customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when County off-site sewer facilities are available to serve the project and such connection is mmda. Prior to connection of the project to the County's off-site sewer facilities the DevelOper, his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer ~hall also provide the County. with a detailed inventory of the facilities served within the project and the entity which will be responsible for the sewer service billing for the project. f) Ail construction plans and technical specifications related to connections to the County's of£-site sewer facilities will be submitted to the Otilities Division for review and approval prior to commencement of construction. g) The Developer,. his assigns or successors agree to pay all system development charges aC the t~ne that Building Permits are required, pursuant to appropriate County Ordinances and le~ulationa in effect at tbs timm of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will bo required prior to the start of building construction. h) The County will lease to the Developer for operation and mmintenance the sewage collection smd transmission system for the sum of $10.00 per year, when such system is not connected to the off-site sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities, The Lease, if required, shall remain in effect until the County can provide sewer service through ice off-sics facilities or until such time Chat bulk rate sever service agreements ars negotiated with the interim utility system serving the project. B) Data required under County Ordinance No. 80-112 shoving the avail- ability of sewage service, must hs submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility Co be utilized, upon receipt thereof. Ann Hcl~n, Planning Department: November Ii, 1985 C) Construction and ownership ol the rater and sever facilities, including · ny proposed interimvater And/or savage treatment facilities, shall be in compliance vith al! Utilities Division standards, Folicies, Ordinances, etc. in effect at the time constructi~n approval is requested. D) Detailed hydraulic desisn reports covering the rater distribution and savage collection and transmission systems go serve the project must be submitted vith the construction documents for the project. The report shall list all desisn assumptions, demand rates and ocher factors pertinent to the system under consideration. E) Section 5.15 Utilities of the P~D document aha11 be revised to make reference to this memorandum, by date, and specify the PeCitioner~s acceptance oi the stipulations contained herein, i revised copy of the PUD document must be submitted to the Utilities Division for ~eviev and approval prior to scheduling the Petition for consideration by the Board o! County ComaLtssioners. cas Donald PtckeorCh, 'Attorney ill] I I .F "l r · I I BTATE OF i FLORIDA I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certi[y that the foregoing ia a true original ORDINANCE NO. 86-6 which was adopted by the Board of County Commissioners during Regular Session on the 4th day of February, 1986.' WITNESS ~y hand and the official seal of the Board County Coniseloners of Collier County, Florida, this 4th day of February, 1986. WILLIAM J. P~.AaAN. Clerk o£ Cou=ti~ar~ Clerk- -Ex-O~ficio to~'Boa=d o~)..'"").. .,', ~.& .