Ordinance 2013-24 v
ORDINANCE NO 13- 2 4
By
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM THE PRINCESS PARK
PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT FOR AN 11.36+/- ACRE PARCEL TO BE KNOWN AS THE
TOP HAT AUTO CPUD, TO ALLOW CONSTRUCTION OF AN
AUTOMOTIVE SALES FACILITY WITH ASSOCIATED REPAIR
SERVICES, ON PROPERTY LOCATED AT 6780 AIRPORT ROAD
NORTH IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
ORDINANCE NO. 84-34, AS AMENDED, THE PRINCESS PARK PUD;
AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ-A-
PL20120000726)
WHEREAS, R. Bruce Anderson, Esquire of Roetzel & Andress, LPA, repre*inn ic'1
tert
Investment Corp., petitioned the Board of County Commissioners to change! zelin ,,
classification of the herein described property. o,'',
m cn
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ZONING CHANGE.
The zoning classification of the herein described real property located in Section 1,
Township 49 South, Range 25 East, Collier County, Florida is changed from the Princess Park
Planned Unit Development zoning district to a Commercial Planned Unit Development (CPUD)
zoning district for an 11.36+/- acre parcel to be known as the Top Hat Auto CPUD in accordance
with Exhibits A through G attached hereto and incorporated by reference herein. The
Top Hat Auto CPUD/PUDA-A-PL2012000726 1 of 2
Rev.2/12/13
appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the
Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO: REPEAL OF ORDINANCE.
Ordinance No. 84-34, as amended, the Princess Park PUD, is hereby repealed in its
entirety.
SECTION THREE: EFFECTIVE DATE.
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 t7.41 day of 1"‘e:".Nr , 2013.
Affg§T
BOARD COUNTY/COMMISSIONERS
.bWIGHT g.13RO'CK, CLERK COLL R 1 0,'I TY FLORIDA
By tf- •
•
e •
By.
Attest asb ChaiRraity
Clerk RGIA A. HILLER, ESQ.
n
Chairwoman
'sign r only.
A sr 4.as ji • and legal sufficiency:
NI
Hei I • ton-Cicko ,x)1/40-1•
M. T,g t Assistant County Attorney
Attac nts: Exhibit A—Permitted Uses
Exhibit B—Development Standards
Exhibit C—Master Plan
Exhibit D—Legal Description
Exhibit E—List of Requested Deviations
Exhibit F— List of Developer Commitments
Exhibit G—Landscape Cross Sections
CP\12-CPS-01167\38
This ordinance filed with the
Top Flat Auto CPUD/PUDA-A-PL2012000726 2 of 2 A.c_r2tory of 15.tate'l Office the
Rev.2/12/13
("Mr day of
and ocknow!edgen %, rif;. th
filino recci ed t'.,- dc'y
of ittg-Vat-- `2613
eff:
EXHIBIT A
PERMITTED USES:
The Top Hat CPUD shall be developed as a commercial use project, which will include an
automotive sales facility with associated repair services, limited to 65,000 sq. ft., Gross Floor
Area(GFA).
Tract A:
A. Principal Uses
Motor Vehicle Dealers (New) (Group 551 1)
B. Accessory Uses
1. Motor Vehicle Dealers, Used Only(Group 5521)
2. Automotive Exhaust System Repair Shops(Group 7533)
3. Tire Repair Shops, not including Tire retreading(Group 7534)
4. Automotive Glass Replacement Shops(Group 7536)
5. Automotive Transmission Repair Shops(Group 7537)
6. General Automotive Repair Shops(Group 7538)
7. Automotive Repair Shops, Not Elsewhere Classified (Group 7539)
8. Car wash, subject to the provisions of LDC Section 5.05.11. Blowers for drying must
be located on the west side of the car wash.
9. Uses and structures that are accessory and incidental to an automotive sales facility.
10. Display of new and used automobiles for sale, provided it does not adversely affect
pedestrian or vehicular traffic or public health. Vehicle display is prohibited within
any required landscape buffer, and allowed within front, side and rear yard setbacks.
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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
Requirements Principal Use Accessory Use
Minimum Lot Area 10,000 square feet NA
Minimum Lot Width 100 feet NA
Maximum Height
• Zoned: 30 ft. /35 ft.2 30/35 ft.2
• Actual: 35 /40 ft.2 35 /40 ft.2
Minimum Floor Area 700 square feet(ground floor)
Maximum Floor Area Ratio None
Minimum Building Setbacks
• Front Yard (Airport
25 ft SPS
Pulling Road)
• Side yard 15 ft 10 ft
• Rear yard' 500 ft SPS
• Minimum Distance 25 ft 0 ft(Principal to
Between Structures accessory)
• Internal Drives None None
• Lake 25ft 25 ft
'For Primary and Accessory uses, not intended to include small structures not directly serving the
permitted land uses such as an irrigation well pump house.
2The maximum zoned height for the buildings labelled 'Service' and `Wash and Detail' on the
Master Plan shall be 30 feet, the maximum actual height shall be 35 feet. The Maximum zoned
height for all other buildings shall be 35 feet, the maximum actual height shall be 40 feet.
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EXHIBIT C: MASTER PLAN:
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EXHIBIT D
LEGAL DESCRIPTION (OR 2296, PG 2000):
The North 1/2 of the South 1/2 of the SW 1/4 of the SW 1/4 of Section 1,
Township 49 South, Range 25 East, Collier County, Florida, less the West 100 feet
thereof, previously reserved for road right-of-way purposes.
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EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC:
1. Deviation #1 seeks relief from LDC Section 5.05.08C.9.b. requiring all
facades for a freestanding building within a PUD to be treated as a primary
façade. To the extent necessary, only wall planes facing Airport road shall
be required to be treated as primary facades.
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EXHIBIT F
DEVELOPMENT COMMITMENTS:
PLANNING:
a. The project is proposed to start construction of infrastructure in 2013. The project
may be developed in a single phase or multiple phases over time.
b. No outdoor paging or amplified systems will be used as part of the daily operation
of the dealership.
c. The automated car wash will be 600 feet or more from the nearest existing
residential unit, with blowers located at the western end of the car wash. Each
end of the car wash will have bay doors which will remain closed during the
entire car wash cycle including drying of vehicles. The doors will open only for
entry and exit of vehicles.
d. The service area will be enclosed with the exception of entry/exit doors and a
small number of'quick lube' service bays, facing south.
e. The project access on Airport Road shall be considered a driveway unless the
parcel is subdivided.
f. Regular hours of operation will be limited to 7am to 8pm Monday through Friday
for Sales and 7am to 6pm for Service. Both Sales and Service will be limited to
7am to 5pm on Saturday and Sunday.
g. The service door facing east will employ an automatic opening and closing 'speed
door' to minimize noise transfer to only those times when a vehicle is exiting the
service area. All other times, the service door shall be closed.
h. The Type 'B' buffer along the north and east property lines will be inclusive of a
6' privacy wall. Beginning from point 'A' as shown on the PUD Master and
continuing east 100' past the east wall of the car wash and detail bays, the wall
height shall be increased to 8 feet. The landscaping on the side of the wall facing
the residential shall consist of a hedge and canopy trees as shown on Exhibit G.
The hedge shall be Sweet Viburnum and the trees shall be one or more of the
following; East Palatka Holly, Dahoon Holly or Pigeon Plum along the northern
property line, adjacent to residential. Along the east property line adjacent to
residential, the required trees within the 15 foot Type 'B' buffer shall be Laurel
Oaks, a minimum of 12 feet at the time of planting, spaced no more than 20 feet
apart. The privacy wall in this area will be set back a minimum of 10 feet from
the property line. After initial installation, the hedge and trees may be replaced
with alternative landscaping only with the written approval of the Lone Oak
Homeowners' Association.
Lone Oak Boulevard shall not be used for sales or service test drives by
employees of the dealership.
j. No gasoline storage or fueling tanks shall be located on the property.
k. Any irrigation pump(s) shall be a minimum of 50 feet from residential property
lines.
The required wall within the Type 'B' buffer shall be solid in construction,
utilizing a Woodcrete or similar product.
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TRANSPORTATION
a. The project access will remain in its current location and subject to the continuous
northbound right turn lane; no modifications to the project access are required.
UTILITIES
a. County water service is available via an existing 10-inch water main located on-
site. This 10-inch main is connected (tee and valve) to an existing 16-inch water
main along the west right-of-way line of the southbound Airport-Pulling Road.
The developer is responsible for providing the necessary connections at its cost to
supply the site with County water service.
b. County sewer service is available via an 8-inch gravity main / system located on-
site (along the northern property line). Existing and proposed flows are to the
northeast via the gravity system off-site and to the Lone Oak PUD lift station.
The developer is responsible for providing the necessary connections at its cost to
supply the site with County sewer service.
ENVIRONMENTAL
a. Due to the site being 100% impacted prior to 1975 through agricultural activity,
no Preserve area is required.
OUTDOOR LIGHTING
a. All lighting will be shielded from residential areas to avoid glare. Lighting will be a
directional type, aimed downward with shielding to reduce glare to adjacent
properties. Illumination at all adjacent residential property lines shall not exceed .5
foot candles.
b. Display lighting will be limited to that area shown on the Master Plan as lying west of
the line marked as line `A' and will be reduced to security level lighting at 1 Ipm.
Security lighting that will have a minimum reduction in average lumens of 50%, will
be the minimum needed for safety and security, and will occur in the area between
lines `A' and `B' as shown on the Master Plan. No lighting will be located east of
line `B'.
c. All lighting will be flat panel fixtures.
d. Lighting on the perimeter of the project will utilize full cut off shields.
e. Any lighting within 50 feet of a residential property line will be limited to 15 feet in
height.
f. All lighting west of Line `A' and south of the Service portion of the main building as
shown on the Master Plan will be no more than 20 feet in height.
g. Display lighting will not exceed a 1,000 Watt Metal Halide intensity or its equivalent
(intensity of LED, or other bulb type).
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2013-24
which was adopted by the Board of County Commissioners
on the 12th day of March, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 18th
day of March, 2013 .
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
a
r ;
y: Teresa Cap on, .' /
Deputy Clerk