Agenda 07/07/2015 Item # 9Bn.
EXECUTIVE 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. Recommendation to consider an
Ordinance 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 Agricultural (A) zoning district
to a Commercial Planned Unit Development (CPUD) zoning district for a 10.47± acre parcel to be
known as the Germain Honda CPUD to allow construction of an automotive sales facility with
associated repair services, up to 60,000 square feet of gross floor area, on property located at the
northwest corner of the intersection of Pine Ridge Road and Livingston Road in Section 12,
Township 49 South, Range 25 East, Collier County, Florida; providing for repeal of Resolution No.
94 -584, a conditional use for a retail nursery; and providing an effective date. [Petition PUDZ-
PL201400013261
OBJECTIVE: To have the Board of County Commissioners (BCC) review staffs findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPC) regarding the above referenced petition and render a decision regarding this Planned
Unit Development petition; and 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 requests that the Collier County Planning Commission
(CCPC) consider a rezone of the subject site from the Agricultural (A) zoning district to the
Commercial Planned Unit Development (CPUD) zoning district for a project to be known as the
Germain Honda. The subject 10.47± acre site is located at the northwest quadrant of the
intersection of Livingston Road and Pine Ridge Road.
In the petitioner's cover letter the petitioner explains the project as follows: "The Collier County
Growth Management Plan currently addresses this property as the Pine Ridge/Livingston infill
sub district in the Future Land Use Element. The sub district currently limits the development
potential of the property to Office/Medical office use. The purpose of these (this) application is
to amend the GMP to allow a rezone which would include automotive dealership as an allowable
use and to submit a PUD rezoning request to permit that use in addition to the currently allowed
office uses. The Subdistrict currently limits rezoning to a maximum of 40,000 square feet of
general office and medical office. A pair of FPL transmission line easements run the length of
the western side of the property from north to south and encumber 225' of the projects western
.edge. The existing retail plant nursery currently uses the land under the TPL lines for nursery
stock storage and'display."
The project will have access locations on both Livingston Road and Pine Ridge Road. A third
access may be retained for use by FP &L and be located on Pine Ridge Road consistent with 4
current access. The applicant is not seeking any deviations from the provisions of the LDC as''
part of this request.
FISCAL HAPACT: 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
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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 a portion of the estimated
Transportation Impact Fees associated with the project in accordance with Chapter 74 of the
Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a
building permit include building permit review fees. 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.
GROWTH MANAGEMENT PLAN (GMP) EWPACT: Future Land Use Element (FLUE):
The subject property is designated Urban, Urban Commercial District, Livingston/Pine Ridge
Commercial Infill Subdistrict, as depicted on the Future Land Use Map (FLUM) and in the
Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). That
Subdistrict is comprised of both the southeast and northwest quadrants of the Livingston
Road/Pine Ridge Road intersection; it reads, in part:
b. Northwest Quadrant
The feasibility of interconnections to the abutting properties to the North and West will
be considered and, if deemed feasible, will be required during the rezoning of the subject
property. This quadrant shall be limited to general and medical office uses, provided that
the total building square footage does not exceed 40,000 square feet. Building height
shall be limited to three stories with a 50 foot maximum height. 110�
The above allowed uses are not proposed as part of this CPUD request. However, there is a
companion "small scale" GMT amendment petition (PL20140001282 /CPSS- 2014 -2) that
proposes to add auto dealership use, at 60,000 square feet of building area, on the southerly ten
acres of this quadrant of the subdistrict. This CPUD is proposed solely for this auto dealership
use and building area, and limited to the southerly 10 acres for the auto dealership use to be
consistent with the GMPA petition.
Based upon the above analysis, the proposed PUD may be deemed consistent with the Future
Land Use Element, contingent upon approval of the companion GMP amendment petition. This
PUD rezone petition may only be approved if the • companion GMP amendment petition is
approved, and would be subject to the GNP amendment becoming effective.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION• The
CCPC heard this petition on May 21, 2015. By a unanimous vote (5 to 0) with a motion made by
Commissioner Homiak and seconded by Commissioner Ebert, the CCPC recommended
forwarding this petition to the Board of County Commissioners (BCC) with a recommendation
of approval subject to the following limitations:
L Adopt staff recommended conditions except for condition 2.
2. Revise the conceptual master plan, specifically to revise the Greenway/Right -of -Way
note on Livingston Road by spelling out right -of -way and adding "line" at the end of
the note.
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n These revisions have been incorporated into the PUD Document that is included in the draft
Ordinance.
No correspondence in opposition to this petition has been submitted for the current proposal; no
one spoke at the CCPC hearing voicing opposition to the project and the CCPC vote was
unanimous. However, due to the staff recommendation for denial of the companion GMPA this
item cannot be placed on the Summary Agenda and has been placed instead under Advertised
Pubic Hearing agenda.
LEGAL CONSIDERATIONS:
This is a site specific rezone from the Agricultural (A) Zoning District to the Commercial
Planned Unit Development (CPUD) Zoning District for a project to be known as the Germain
Honda CPUD. 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 Attorney.
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?
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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?
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.
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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 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 [Code
ch.106, 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. This item has been approved as to form and legality, and requires
an affirmative vote of four for Board approval (HFAC)
RECOMMENDATION: Staff concurs with the recommendations of the CCPC including the
conditions noted in the approval motion and further recommends that the Board of County
Commissioners approves the request subject to the attached Resolution; however as noted
previously this PUD rezone petition may only be approved if the companion GMP amendment
petition is approved, and would be subject to the GMP amendment becoming effective.
Prepared by: Michael Sawyer, Project Manager, Zoning Division, Growth Management
Department.
Attachments: 1) Staff Report
2) Supplemental Staff Report
3) Ordinance
4) Legal Ad
5) Back -up information; Due to the size of this document, a web link has been
provided for viewing at:
http : / /www.coIIieraov. net /ftp /AaendaJune2315 /GrowthMgmt /Application Back
Information.pdf
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7/7/2015 9.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.9.B.
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.
Recommendation to consider an Ordinance 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 Agricultural (A) zoning district to a Commercial Planned Unit Development
(CPUD) zoning district for a 10.47± acre parcel to be known as the Germain Honda CPUD to
allow construction of an automotive sales facility with associated repair services, up to 60,000
square feet of gross floor area, on property located at the northwest corner of the intersection
of Pine Ridge Road and Livingston Road in Section 12, Township 49 South, Range 25 East, Collier
County, Florida; providing for repeal of Resolution No. 94 -584, a conditional use for a retail
nursery; and providing an effective date. [Petition PUDZ- PL20140001326]
Meeting Date: 7/7/2015
Prepared By
Name: SawyerMichael
Title: Project Manager, Growth Management Department
5/22/2015 4:51:05 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 6/2/2015 5:04:33 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 6/2/2015 5:09:54 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
.-. Date: 6/3/2015 10:51:32 AM
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7/7/2015 9.B.
Name: BellowsRay
Title: Manager - Planning, Growth Management Department
Date: 6/3/2015 12:04:14 PM
Name: BosiMichael
Title: Division Director - Planning and Zoning, Growth Management Department
Date: 6/3/2015 1:51:28 PM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 6/18/2015 4:10:50 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/24/2015 2:49:10 PM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 6/24/2015 5:12:06 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/25/2015 5:04:19 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/26/2015 9:43:33 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/26/2015 11:30:24 AM
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AGENDA ITEM y -a.
GARY Count
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING SERVICES SECTION, GROWTH MANAGEMENT
DEPARTMENT
HEARING DATE: MAY 7, 2015
SUBJECT: PUDZ- PL20140001326; GERMAIN HONDA CPUD
(COMPANION ITEM TO GMPA - 20140001282)
PROPERTY OWNER/AGENT:
Annlicant /Contract Purchaser:
Stephen L. Germain, Manager
JAZ Real Estate Holdings, LLC
11286 Tamiami Trail North
Naples, F134108
Agents:
Dominick J. Amico, Jr., P.E.
Agnoli, Barber and Brundage, Inc.
7400 Tamiami Trail North
Naples, Fl 34109
REQUESTED ACTION:
Owners:
R & H Properties, LLC
3295 Pine Ridge Road
Naples, Fl 34109
R. Bruce Anderson
Cheffy Passidomo
821 Fifth Avenue South
Naples, F134102
The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone of
the subject site from the Agriculture (A) zoning district to the Commercial Planned Unit
Development (CPUD) zoning district for a project to be known as Germain Honda.
GEOGRAPHIC LOCATION:
The subject PUD, consisting of 10.47 acres, is located in the north west quadrant of the intersection
of Livingston Road and Pine Ridge Road, in Section 12, Township 49 South, Range 25 East,
Collier County, Florida. (See location map on following page)
CPUD- PL20140001326 Page 1 of 14
May 7, 2015 CCPC
Rev: 4-19 ai, 4- 20-15, 4- 22 -15,
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7/7/2015 9.B.
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PURPOSE/DESCRIPTION OF PROJECT:
In the petitioner's project narrative portion of their application the petitioner explains the project as
follows:
The Collier County Growth Management Plan currently addresses this property as the
Pine Ridge /Livingston infill sub district in the Future Land Use Element. The sub
district currently limits the development potential of the property to Office /Medical
office use. The purpose of these (this) application is to amend the GMP to allow a
rezone which would include automotive dealership as an allowable use and to submit a
PUD rezoning request to permit that use in addition to the currently allowed office uses.
The Subdistrict currently limits rezoning to a maximum of 40, 000 square feet of general
office and medical office. A pair of FPL transmission line easements run the length of
the western side of the property from north to south and encumber 225' of the projects
western edge. The existing retail plant nursery currently uses the land under the FPL
lines for nursery stock storage and display.
Staff notes that the description above originated at the start of the petition request and the applicant
revised the request to reduce the proposed use to the single motor vehicle dealership use; that use is
permitted only on track A, which is the southern 10 -acre portion of the site, so as to be consistent
with the companion small scale GMP amendment. The northern portion or tract B portion of the
development will have stormwater treatment, landscape buffers, signs and other site improvements
as principal uses however these uses would be considered accessory or subordinate to the use
allowed in tract A. The project will have one access on Livingston Road and one access on Pine
Ridge Road which will be shared with the ballet studio to the west using the proposed
interconnection. This shared access point is subject to FP &L approval since it is entirely within
FP &L's easement. The petition originally contained a single landscape deviation that the applicant
removed during the review process, therefore no deviations are being sought from the provisions of
the LDC as part of this request.
As noted above there is also a companion small scale amendment to the Pine Ridge/Livingston
Commercial Infill Sub - district of the Future Land Use Element of the Growth Management Plan
(Petition GMPA CPSS- 2014- 2/PL20140001282). This petition request cannot be approved
without the approval of the companion GMPA.
SURROUNDING LAND USE AND ZONING:
North: Developed Community School, with a zoning designation of Community Facility (CF)
East: Livingston Road ROW, then developed residences with a zoning designation of Estates
(E), and the developed Cambridge Square with a zoning designation of Commercial
Planned Unit Development (CPUD).
South: Pine Ridge Road ROW, then developed multi - family residences with a zoning
designation of Planned Unit Development (Related Group PUD).
West: Developed Community School, with a zoning designation of Community Facility (CF)
and developed Ballet Studio with a zoning designation of Agricultural (A) with a
Conditional Use (CU).
CPUD- PI 20140001326 Page 3 of 14
May 7, 2015 CCPC
Rev: 4- 19-15, 4-20 -15, 4- 22 -15,
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7/7/2015 9.B.
Aerial Photo
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCE': Future Land Use
Element (FLUE): The subject property is designated Urban, Urban Commercial
District, Livingston/Pine Ridge Commercial Infill Subdistrict, as depicted on the Future
Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Collier
County Growth Management Plan (GMP). That Subdistrict is comprised of both the
southeast and northwest quadrants of the Livingston Road /Pine Ridge Road intersection;
it reads, in part:
b. Northwest Quadrant
The feasibility of interconnections to the abutting properties to the North and West
will be considered and, if deemed feasible, will be required during the rezoning of
the subject property. This quadrant shall be limited to general and medical office
uses, provided that the total building square footage does not exceed 40,000
square feet. Building height shall be limited to three stories with a 50 foot
maximum height.
The above allowed uses are not proposed. However, there is a companion "small scale" '1
GMP amendment petition (PL20140001282 /CPSS- 2014 -2) that proposes to add auto
CPUD- PL20140001326 Page 4 of 14
May 7, 2015 CCPC
Rev: 4-10 15,4-20-15, 4- 22 -15,
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7/7/2015 9.B.
dealership use, at 60,000 square feet of building area, on the southerly ten acres of this
1010 quadrant of the subdistrict. The PUD is proposed solely for this use and building area,
and limited to the southerly 10 acres for the auto dealership use.
Future Land Use Element (FLUE) Policy 5.4 requires new developments to be
compatible with the surrounding land area. Comprehensive Planning leaves this
determination to Zoning Services staff as part of their review of the petition in its entirety,
but would suggest applicable provisions from the Top Hat CPUD be employed in this
proposed PUD in an effort to provide compatibility with low density residential uses to
the east.
In order to promote smart growth policies, and adhere to the existing development
character of Collier County, the following FLUE policies shall be implemented for new
development and redevelopment projects, where applicable. Each policy is followed by
staff analysis in [bold text].
Objective 7:
In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The
Community Character Plan for Collier County, Florida, promote smart growth policies,
and adhere to the existing development character of Collier County, the following
policies shall be implemented for new development and redevelopment projects, where
applicable.
Policy 7.1:
The County shall encourage developers and property owners to connect their properties to
fronting collector and arterial roads, except where no such connection can be made
without violating intersection spacing requirements of the Land Development Code.
[Exhibit C, PUD Master Plan, depicts direct access to Pine Ridge Road (CR 896)
and Livingston Road, both classified as arterial roads in the Transportation
Element.]
Policy 7.2:
The County shall encourage internal accesses or loop roads in an effort to help reduce
vehicle congestion on nearby collector and arterial roads and minimize the need for traffic
signals. [Due to the parcel size and nature of proposed development, the property is
expected to develop as a single use project, therefore containing a parking lot but no
actual road.]
Policy 7.3:
All new and existing developments shall be encouraged to connect their local streets
and/or interconnection points with adjoining neighborhoods or other developments
regardless of land use type. The interconnection of local streets between developments is
also addressed in Policy 9.3 of the Transportation Element. [The site abuts roads on
three sides. The road on the north border serves the Community School of Naples;
a potential connection is depicted on the PUD Master Plan. The 40' side (west) is
encumbered by an FPL easement though this may not necessarily preclude an
CPUD- PL20140001326 Page 5 of 14
May 7, 2015 CCPC
Rev: 4 49-15, 4- 20 -15, 4-22 -15,
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7/7/2015 9. B.
interconnection. The property to the west is developed and the PUD Master Plan
depicts a shared access point - to the west - on Pine Ridge Road.] ^
Policy 7.4:
The County shall encourage new developments to provide walkable communities with a
blend of densities, common open spaces, civic facilities and a range of housing prices and
types. [For the most part, this policy is not applicable to this non - residential project.
Open space will be provided as required per the LDC.]
Based upon the above analysis, the proposed PUD may be deemed consistent with
the Future Land Use Element, contingent upon approval of the companion GMP
amendment petition. This PUD rezone petition may only be approved if the
companion GMP amendment petition is approved, and would be subject to the GMP
amendment becoming effective.
Transportation Element: This project can be found consistent with Policy 5.1 of the
Transportation Element of the GMP.
Conservation and Coastal Management Element (CCME): Environmental review staff found
this project to be consistent with the Conservation & Coastal Management Element (CCME).
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this
proposed rezoning. Staff is required to make a recommendation regarding a finding of consistence
or inconsistency with the overall GMP as part of the recommendation for approval, approval with
conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUY
designations is a portion of the overall finding that is required, and staff believes the petition i�
consistent with the FLUM and the FLUE — but only if the companion GMP amendment petition i;
approved and becomes effective. The proposed rezone is consistent with the GMP Transportation
Element as previously discussed. Environmental staff also recommends that the petition be found
consistent with the CCME. Therefore, zoning staff recommends that the petition be found
consistent with the goals, objective and policies of the overall GMP if the companion GMP
amendment petition GMPA - 20140001282 is approved.
ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition including the criteria upon
which a recommendation must be based, specifically noted in Land Development Code (LDC)
Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the
"PUD Findings "), and Subsection 10.02.08.F, Nature of Requirements of Planning Commission
Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's
recommendation. The CCPC uses these same criteria as the basis for their recommendation to the
Board of County Commissioners (BCC), who in turn use the criteria to support its action on the
rezoning or amendment request. An evaluation relative to these subsections is discussed below,
under the heading "Zoning Services Analysis." In addition, staff offers the following analyses:
Environmental Review: Environmental Services staff has reviewed the petition and the PUD
document to address environmental concerns. This project does not require Environmental
CPUD- PL20140001326 Page 6 of 14
May 7, 2015 CCPC
Rev: 4-49 15, 4- 20 -15, 4- 22 -15,
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Advisory Council (EAC) review, as this project did not meet the EAC scope of land development
project reviews as identified in Section 2 -1193 of the Collier County Codes of Laws and
Ordinances.
Transportation Review: Transportation Division staff has reviewed the petition and the PUD
document and Master Plan for right -of -way and access issues as well as roadway capacity, and
recommends approval subject to the Developer /owner commitments as provided in the PUD
ordinance.
Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and
complementary to, the surrounding land uses. In reviewing the appropriateness of the requested
uses and intensity on the subject site, the compatibility analysis included a review of the subject
proposal comparing it to 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 and type of open space
and location.
As noted earlier in the staff report, the area to the north is the developed Community School
development, with a zoning designation of Community Facility (CF). To the east is the Livingston
Road right -of -way, then a residential development with a zoning designation of Estates (E), and the
Cambridge Square Commercial development with a zoning designation of Commercial Planned
Unit Development (CPUD). To the South is the Pine Ridge Road right of way, then a multi- family
residential development with a zoning designation of Planned Unit Development (PUD). To the
west is same the developed Community School development noted above, and a developed Ballet
Studio with a zoning designation of Agricultural (A) with a conditional Use (CU). The PUD
document proposes a single use new and used automobile dealership with the accessory uses noted
in the PUD.
The proposed master plan organizes the site with building areas located along the eastern portion
of the site with Livingston Road to the east and Pine Ridge Road to the south and the FP &L
easements along the western portion from north to south. The area under the FP &L easements
will contain vehicle parking and storage. As noted above there are residential uses separated
from the development by Livingston Road and Pine Ridge Road. The proposed automobile
dealership with 60,000 square feet of building area exceeds the 40,000 square feet office use
provisions of the current GMP subdistrict provisions and the companion GMPA will increase the
square footage to 60,000 for an auto dealership use. The applicant provided traffic study
indicates that the number of trips is comparable between the office use and dealership use and
square footage provisions. Zoning staff is of the opinion that this project can be compatible with
and complementary to the surrounding land uses if the staff recommended conditions are
approved.
FINDINGS OF FACT:
LDC Subsection 10.02.081 states, "When pertaining to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners ... shall
show that the planning commission has studied and considered proposed change in relation to the
following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires
CPUD- PL20140001326 Page 7 of 14
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Rev: 4- 10-15,4-20-15,4-22-15,
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the Planning Commission to make findings as to the PUD Master Plans' compliance with the
additional criteria as also noted below. [Staffs responses to these criteria are provided in bold,
non - italicized font]:
PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the
CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria"
(Staff's responses to these criteria are provided in bold font):
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.
Staff is of the opinion that the proposed uses are compatible with the approved uses and
existing development in the area. In addition, the proposed property development regulations
in combination with staff recommended conditions provide adequate assurances that the
proposed project will be suitable to the type and pattern of development in the area.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, 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.
Documents submitted with the application, which were reviewed by the County Attorney's
Office, demonstrate unified control of the property. Additionally, the development will be n
required to obtain platting and/or site development approval. Both processes will ensure that
appropriate stipulations for the provision of and continuing operation and maintenance of
infrastructure will be provided by the developer.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
County staff has reviewed this petition and has offered an analysis of the relevant goals,
objectives and policies of the GMP within the GMP discussion of this staff report. Based
on that analysis, staff is of the opinion that this petition can be found consistent with the
overall GMP only if the companion GMP amendment petition is approved, and subject to
the GMP amendment becoming effective.
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.
As described in the Analysis Section of this staff report, staff is of the opinion that the
proposed uses, development standards, staff recommended conditions and developer
commitments will help ensure that this project is compatible with the surrounding area.
S. The adequacy of usable open space areas in existence and as proposed to serve the
development.
CPUD- P120140001326 Page 8 of 14
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The amount of open space set aside for this project appears to meet the minimum
requirement of the LDC.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
The roadway infrastructure has adequate capacity to serve the proposed project as noted in
the GMP FLUE and Transportation Element consistency review, if the mitigation proposed
by the petitioner is included in any approval recommendation. In addition, the project's
development must comply with all other applicable concurrency management regulations
when development approvals are sought.
7. The ability of the subject property and of surrounding areas to accommodate expansion,
The area has adequate supporting infrastructure such as wastewater disposal systems and
potable water supplies to accommodate this project based upon the commitments made by the
petitioner and the fact that adequate public facilities requirements will be addressed when
development approvals are sought.
8. 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.
The petitioner is not seeking deviations from the provisions of the LDC and staff believes that
this request is in compliance with the purpose and intent of the Planned Unit Development
Districts (LDC Section 2.03.06.A).
Rezone Findings: LDC Subsection 10.02.08 F states, "When pertaining to the rezoning of land, the
report and recommendations to the planning commission to the Board of County
Commissioners ... shall show that the planning commission has studied and considered proposed
change in relation to the following when applicable" (Staff's responses to these criteria are
provided in bold font):
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.
As outlined above this petition can be found consistent with the overall GMP only if the
companion GMP amendment petition is approved, and subject to the GMP amendment
becoming effective. However if the GMPA is approved, staff recommends that the project be
found consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with
neighborhood development and with all other applicable policies of the GMP.
2. The existing land use pattern;
Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning"
portion of this report and discussed it in the zoning review analysis. Staff believes the
CPUD- PL20 1 40001 326 Page 9 of 14
May 7, 2015 CCPC
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7/7/2015 9.B.
proposed rezoning is appropriate given the existing land use pattern, and development
restrictions included in the PUD Ordinance.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts;
The proposed PUD rezone would not create an isolated zoning district.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
Staff is of the opinion that the proposed district boundaries are logically drawn since the
zoning boundary mirrors the existing property boundary for the contract purchaser.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed change is not necessary, per se; but it is being requested in compliance with the
LDC provisions to seek such changes — along with the necessary amendment to the future
land use designation in the FLUE.
6 Whether the proposed change will adversely influence living conditions in the
neighborhood;
Staff is of the opinion that the proposed change, subject to the proposed list of uses, staff
recommended conditions, property development regulations and the proposed Development
Commitments detailed in Exhibit F, should not adversely impact living conditions in the area.
7. Whether the proposed change will 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.
The roadway infrastructure has adequate capacity to serve the proposed project at this time
subject to the Transportation Commitments contained in Exhibit F of the CPUD ordinance.
8. Whether the proposed change will create a drainage problem;
The proposed change should not create drainage or surface water problems because the LDC
specifically addresses prerequisite development standards that are designed to reduce the risk
of flooding on nearby properties. Additionally, the LDC and GMP have other specific
regulations in place that will ensure review for drainage on new developments.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
If this petition were approved, any subsequent development would need to comply with the
applicable LDC standards for development or as outlined in the PUD document. This
project's property development regulations provide adequate setbacks and distances between
CPUD- PL20140001326 Page 10 of 14
May 7, 2015 CCPC
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7/7/2015 9.B.
structures; therefore the project should not significantly reduce light and air to adjacent
areas.
10. Whether the proposed change will adversely affect property values in the adjacent area;
This is a subjective determination based upon anticipated results, which may be internal or
external to the subject property. Property valuation is affected by a host of factors including
zoning; however zoning by itself may or may not affect values, since value determination is
driven by market value. There is no guarantee that the project will be marketed in a manner
comparable to the surrounding developments.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
Rezoning this property to a PUD district seems appropriate. Therefore, the proposed zoning
change should not be a deterrent to the improvement of adjacent properties.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
The proposed development complies with the Growth Management Plan if the companion
GMPA is approved which is a public policy statement supporting Zoning actions when they
are consistent with said Comprehensive Plan. In light of this fact, the proposed change does
not constitute a grant of special privilege. Consistency with the FLUE is further determined
to be a public welfare relationship because actions consistent with plans are in the public
interest.
13. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
The subject property could be developed within the parameters of the existing zoning
designations; however, the petitioner is seeking this amendment in compliance with LDC
provisions for such action and the companion GMP amendment petition. The petition can be
evaluated and action taken as deemed appropriate through the public hearing process. Staff
believes the proposed amendment meets the intent of the PUD district, and further, believes
the public interest will be maintained.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
As noted previously, the proposed rezone boundary follows the existing property ownership
boundary. The GMP is a policy statement which has evaluated the scale, density and
intensity of land uses deemed to be acceptable throughout the urban - designated areas of
Collier County. Staff is of the opinion that the development standards and the developer
commitments will ensure that the project is not out of scale with the needs of the community.
15. Whether it is impossible to find other adequate sites in the County for the proposed use in
CPUD- PL20140001326 Page 11 of 14
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districts already permitting such use.
There may be other sites in the County that could accommodate the uses proposed; however,
staff has evaluated the appropriateness of this particular zoning petition. There may be other
sites in Collier County that would allow the proposed uses; however the proposed uses are
also appropriate at this location as well. The petition was reviewed on its own merit for
compliance with the GMP and the LDC. As discussed in other portions of the staff report, the
proposed rezone may be found consistent with the GMP if the companion GMT amendment is
approved and becomes effective.
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 anticipated by the PUD document would require considerable site
alteration and this project will undergo extensive evaluation relative to all federal, state, and
local development regulations during the site development plan or platting approval process
and again later as part of the building permit process.
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, w
amended.
The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regardin,
Adequate Public Facilities and the project will need to be consistent with all applicable goals
and objectives of the GMP regarding adequate public facilities, except as it may be exempt b,
federal regulations. This petition has been reviewed by county staff that is responsible foi
jurisdictional elements of the GMP as part of the amendment process and those staff persons
have concluded that no Level of Service will be adversely impacted with the commitments
contained in the PUD document.
18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC)
shall deem important in the protection of the public health, safety, and welfare.
To be determined by the BCC during its advertised public hearing.
NEIGHBORHOOD INFORMATION MEETING (NIM):
This petitioner held a duly advertised NIM on December 3, 2014. See attached synopsis.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office reviewed the staff report for this petition on April 20, 2015.
CPUD- PI 20140001326 Page 12 of 14
May 7, 2015 CCPC
Rev: 4-10 15, 4- 20 -15, 4-22 -15,
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7/7/2015 9. B.
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition
CPUD- PL20140001326 to the BCC with a recommendation of approval, subject to the following
condition of approval.
Staff Recommended Conditions:
1. This petition shall only be approved and is subject to the companion GMP amendment
approval and effectiveness.
2. A Type `B" landscape buffer hedge shall be provided along any perimeter where the
development is located with a residential dwelling on the opposite side of Livingston
Road or Pine Ridge Road.
3. Any vehicle parking area that does not meet minimum code landscape island
requirements of LDC Section 4.06.03.B shall be considered outdoor storage and be
required to meet LDC 4.02.12 screening standards.
4. All vehicle loading and off - loading activities including but not limited to vehicle /car
carriers shall occur on site in a specific location to be shown on the LDC required Site
Development Plan (SDP). All vehicle /car carriers shall only exit the site using the
Livingston Road access.
5. The shared access point on Pine Ridge Road shall be allowed only after the owner of the
property to the west, currently a Ballet Studio, closes its access point on Pine Ridge
Road by removing the current driveway connection at Pine Ridge Road and owner of the
Germain Honda CPUD provides the County a copy of the recorded shared access
easement providing access through the Germain Honda CPUD to the property owner to
the west.
Attachments: A.
B.
C.
CPUD -PI 20140001326
May 7, 2015 CCPC
Rev: 4- 19-16, 4-20 -15, 4- 22 -15,
Draft Ordinance,
Application
NIM synopsis
Page 13 of 14
Packet Page -54-
ARED BY:
OJECT MANAGER
G SERVICES` SECTION
1►9BkiAIO,TA3113 -Ora
RAYMO V. BELLOWS, ZONING MANAGER
ZONING SERVICES SECTION
MIKE BOSI, AICP, DIRECTOR
ZONING DIVISION
APPROVED BY:
IE FRENCH, DEPUTY ADMINISTRATOR
GROWTH MANAGEMENT DEPARTMENT
-- NIM C,,(SAANGt` ID /;
DEPUTY COUNTY MANAGER
.� a . I
DATE
4 - Zd • /5
J ,
DATE
DATE
DATE
DATE
Tentatively scheduled for the June 23, 2015 Board of County Commissioners Meeting
P U DZ- PL20140001326
May 7, 2015 CCPC
Rev: 4-14 1 , 4 -20 -15
Page 14 of 14
Packet Page -55-
7/7/2015 9.B.
7/7/2015 9.B.
Germain Honda N M
]December 3, 2014
Attendee's
Michelle Mosca, Collier County Comprehensive Planning
Mike Sawyer, Collier County Zoning
Bruce Anderson, Attorney, Tetzel & Andress, LPA
Dominick Alnico, Jr., P.E., Project Engineer, Agnoli, Barber Brundage, Inc.
.bane E. Eichhorn, Permit Coordinator, Agnoli, Barber & Brundage, Inc.
John Garbo, Germain
Members of the Public (see attached sign in sheet)
Bruce started the meeting at 5.35 pm introducing the project and the project team.
10 acre property — explained size of property, current zoning and the proposed zoning request.
Explained to the members of the public there are two applications submitted to the County and explained
what exactly each application is for.
1. Growth Management Plan Amendment (GMP -A)
2. Planned Unit Development (PUB)
Discussed how this was a difficult piece of property to work with due to the FPL lines that run on the
majority of the property.
Introduced Dominick Amico and Jane Eiehhorn from Agnoli, Barber & Brundage, Inc. from the
Engineering Firm working on the project.
Ve are here to answer any questions you may have and get your feedback pro or con.
Open up for questions;
Bill Carufe — Sports Club of ?Maples
Q: Wanted to ]mow if we were allowed to have pavement under the FPL lines?
A: Dominick Amico; We have letter from FPL with a no objection for this project.
Q. Are there any environmental impacts because there are wetlands back here?
A: Dominick Amico; That site is clear. It was cleared 40 /50 years ago.
Q: Has there been any Traffic Studies done? Thought a dealership would bring in more traffic.
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7/7/2015 9.B.
A: Dominick Amico: The TIS that we have to submit with the zoning application shows that this use
generates a lower traffic impact than the current use allowed by the GMP. We were sensitive to
traffic, here especially.
Q: Wanted to know the access points in and out of property. Would it be all right turns?
X: Dominick Alnico, the Pine Ridge Road access is a right in right out and that is currently there.
Explained we are moving the existing access point on Livingston Road back a bit so that it does
not interfere with the turn lane to Pine Ridge Road.
Q: If you are coming south from Livingston you would have to take a right in? If you are coming
from the south you would have to take a Ieft on Pine Ridge and a right into the site.
A: Yes.
Crecna and Daniel Verghese — Owns property in Livingston Woods
Comments: 1 am against both of these applications. This is going to affect me because it is directly
opposite of us, Especially having a big, large, huge Honda dealership with 60,000 sq ft space and
humongous cars stretched from one end to the other 10 Acres. That is going to effect the
environment, carbon monoxide gases, traffic, the children in the Community School. Also, our
children in Livingston Woods. Our whole community is going to be disrupted just for some finical
gain for some big huge dealership to come in and I am 110% against it.
I ane Eichhom, Agnoli, Barber & Brundage, Inc.:
Explained we met with the Community School and the Ballet Studio and they are both in favor of
the project.
Crecna Verghese— Owns property in Livingston Woods
We are a resident property in Livingston Woods and we are a highend development. We spend millions of
dollars on property here and they are going to kill us and slaughter us if this big huge dealership comes in.
We will be sinking into the ground. No one is going to buy a property with a Honda dealership right
facing them. There is no way. Would you buy a million or million in a half property, two million with a
huge Honda Dealership facing you? Maybe you would but not me.
Daniel Verghese
We have a 6 million dollar home in this neighborhood just across the street, we have restrictions, same
peoples have 2 '/z acres, some have 5. If someone had 5 acres and wanted to put 4 homes there would you
do that?
Creena
Our life saving will go down the tubes. This Honda is going to slaughter us.
This is something because of the name of the dealership. He has money. We knew the guy who owned
this place before that. He spent thousands and thousands of dollars and the county absolutely declined it.
He was a private individual. They put him out of business.
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7/7/2015 9.B.
Eldanira Ramos
Supporting the project explaining how the newly developed commercial is helping the people living in the
area and how it is going to have a lot of jobs for people in the community.
J esus Ramos
I love the idea. I think it is going to be good for the community. It's going to look better that what is there
now. Everyone else has the right to open their business, a shopping center, why can't we do that here? Why
take it out on that property every time? For years and years they take it out on that property. Why everyone
else is allowed to do it with their business but that property isn't. It's been like. that for years closing it
down, the board didn't close the shopping centers, why didn't they close down the other shopping centers?
That property was trying to become commercial before all these properties and they have only been shutting
it down. That's not right. l think it going to be a great idea.
The uerghese's then asked the Ramos's if they own or rent a place? The Ramos's stated they owned a
home. Creena Verghese asked in Livingston Woods? The high end property right there (pointed across the
street). Mr. Ramos indicated you allowed a shopping center to go in your backyard.
Bill Carufe
Q: Wanted to know what the purpose of the meeting is for? What is done with the information from
the meeting? Some people are for it, some people are against it.
A: Bruce Anderson- Explained the County requirements for the Neighborhood information Meeting.
Q: Ultimately someone at the County is going to vote on the application yes or no weather this
property is allowed to be a dealership and they will takd some of this feedback in account.
A: Yes and that is why staff is here, that is why we record it, that is why 1 do minutes. They are here
to make sure that what I am giving them is accurate.
Q: What is the timeline for the next meeting?
A: We don't. have a hearing date as of yet. We are hoping sometime before June.
Q: What meeting will that be?
A; We don't have a meefing. We will have a Planning Commission Meeting then to the Board of
County Commissioners.
Michelle Mosca asked to explain the sign that will be posted on the property.
Jane Eichhorn — Explained there will be a 4x8 sign posted on the property with the Planning Commission
date and Board of County Commission date of hearing, You can always call ABS for any
information of any meeting.
Mike Sawyer explained there is also a letter that goes out just like the one that Nvas sent out for the NIM.
There is also a newspaper ad. that will be in the newspaper,
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7/7/2015 9.B.
Bill Carufe — if we come up with any other questions or concerns, who do we contact.
Jane — the letter you received have Dominick Amico's contact information on it.
Creena Verghese —the minutes will go to who did you say.
Jane Eichhom — the minutes will go to Mike Sawyer.
h'l ike Sawyer —they will also get included in the staff report so that the board has those available to them,
Daniel Verghese — What's going to happen, here is my feeling. When you get a big commercial outfit here
people will start moving out of here. Do you know who is going to come back here? Unwanted
people. That property value is going to go down to zip. I can tell you that. Sometimes people don't
complain they just walkaway. Then you are going to walk away at a loss. I have millions of dollars
invested in that and I don't want to see a Honda in my front yard. That's cash laying on the ground.
One of the reasons we came here is the neighborhood, school, church and it's a non -gated
community. We are happy to live the lifestyle we arc able to live. With certain restrictions of course.
Meeting acijoumed at 6:05pm.
Packet Page -59-
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AGENDA ITEM 9 -B
This item has been continued from the May 7, 2015 CCPC meeting.
You have received the full packet material from the May 7'h meeting.
Attached is the Supplemental Staff Report & requested changes.
Petition PUDZ- PL20140001326: 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 Agricultural (A)
zoning district to a Commercial Planned Unit
Development (CPUD) zoning district for a 10.47± acre
parcel to be known as the Germain Honda CPUD to
allow construction of an automotive sales facility with
associated repair services, up to 60,000 square feet of
gross floor area, on property located at the northwest
corner of the intersection of Pine Ridge Road and
Livingston Road in Section 12, Township 49 South,
Range 25 East, Collier County, Florida; providing for
repeal of Resolution No. 94 -584, a conditional use for
a retail nursery; and providing an effective date.
[Coordinator: Mike Sawyer, Project Manager]
Packet Page -61-
7/7/2015 93.
AGENDA ITEM 9 -13
Co er Qx4nty
Supplemental Staff Report
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING SERVICES SECTION
HEARING DATE: MAY 21, 2015
SUBJECT: PUDZ- PL20140001326, Germain Honda RPUD
(Continued item 9C from CCPC May 7, 2015 Hearing)
The Collier County Planning Commission (CCPC) heard PUDZ- PL20140001326, Germain Honda
RPUD land use petition at its May 7, 2015 hearing. At that hearing the petitioner was requested to
continue the item to the May 21, 2015 CCPC hearing to address several requested changes.
Subsequent to the May 7 hearing staff was made aware of the proposed developments location within
the Collier -Lee County Regional Transportation Network Pathways Component; specifically the
"Livingston Road/FPL Greenway ". This corridor is an extension of the Rich King Memorial
Greenway which the county constructed in 2011. As noted above this is a regional pathway /greenway
link serving both Collier and Lee County's. While there were early discussions with the petitioner
regarding this developments critical link in this greenway corridor and need to accommodate the
Greenway as part of the rezone request, the PUDZ does not contain assurances that the proposed
automobile dealership project can adequately accommodate the needs of this regional pathway
component.
In an effort to be consistent with the adopted Comprehensive Pathway Plan, Bi- County Regional
Pathway map & PUD's in close proximity that also includes the FPL easement, Transportation
Planning is proposing the following language be included in the PUD:
Additional staff recommended condition of approval:
The developer or its successors in interest, shall construct a 10 foot wide multi -use pathway
along the Livingston Road frontage from Pine Ridge Road to Ridgeway Drive in lieu of
providing an easement along the FPL corridor. The construction of the Livingston Road
frontage shall be completed prior to the first Certificate of Occupancy. At the request of
Collier County, the Developer shall construct a 10 foot wide multi -use pathway along the
frontage of Ridgeway Drive.
Please note: Staff reviewed the applicable portions of the pathways component of the joint Collier -
Lee MPO pathways plan (see Attachment A) and discussed the related Rich King Memorial
PUDA- PL20140001326, Germain Honda RPUD
May 11, 2015
Page 1 of 2
Packet Page -62-
7/7/2015 9. B.
Greenway construction to arrive at the above recommended condition of approval for this PUDZ
request.
Please refer to the attached documents:
Attachment A: Collier -Lee BI- County, MPO Regional Transportation, Pathways Component,
Greenway Trails and Bicycle Routes, Maps and Summary.
PREPARED BY:
[ MANAGER
SERVICES
I119AN
RAYMO Ib V. BELLOWS, ZONING MANAGER
ZONING SERVICES SECTION
MIKE BOSI, AICP, DIRECTOR
ZONING DIVISION
PUDA- PL20140001326, Germain Honda RPUD
May 11, 2015
Page 2 of 2
Packet Page -63-
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Executive Summary
7/7/2015 9.B.
CtIl1.ItF Mpt) F41/ -
COMPREHENSIVE
PATHWAYS PLAN
ALA,
Greenways Et Trails and Bicycle Routes
In addition to the Prioritized Needs Plan which focuses on sidewalks, paved shoulders, bike lanes and
shared use paths within the road right -of -way, the Pathways Plan calls for renewed effort to develop
Greenways Et Trails and Bicycle Routes within Collier County. The plan identifies greenway and bike
route needs, and recommends the establishment of new programs to assess these needs and pursue
specialized funding to support their development.
NacKet Nage -bb-
Identified Issues Et Recommendations
• FDOT's Greenbook, including the
Florida Bicycle Facilities Planning and
design Handbook and the Florida
Pedestrian Facilities Planning and
Design Handbook.
• www.watkinginfo.org
• www.pedbikeinfo.org
• www.saferoutesinfo.org
Establish a Greenways and Trails
Program
Perceived safety concerns and user
comfort are significant issues associated
with the existing bicycle and pedestrian
network in Collier County. Providing select
off -road facilities would be an excellent
way to address this expressed concern and
provide greater facility diversity.
According to FDOT's Conserve by Bicycle
Program Study, about 75% of bicycle trips
in Florida are recreational. Additionally,
this study explains that shared use paths in
a separate right -of -way (greenways) are
perceived to be the safest and most
comfortable facilities and will encourage
greater bicycle trips than any other
facility.
7/7/2015 9.B.
L101 IMP. tAFR 111 :
CMPREHENSIVE
PATHWAYS PLAN
The Comprehensive Pathways Plan has
always included a greenways component,
but given the significant needs and limit
resources, these facilities have not
received much attention.
The MPO and local jurisdictions should
explore the establishment of a separate
program for greenways and trails. This
program would provide focused attention
to those facilities and be responsible for
identifying specialized funding. This
program should also be closely linked to
Parks and Recreation departments, and
existing public and private efforts to
develop greenways such as the River of
Grass Greenway.
Implement Education,
Encouragement St Enforcement
Strategies, Campaigns Et Programs
A reoccurring theme to most safety
comments by the public was the need to
educate drivers and bicyclists alike. Many
believe that bicycle and pedestrian safety
education programs and campaigns are
greatly needed in Collier County.
Education, encouragement and
enforcement programs not only improve
safety but can also be key to increasing
mode share for walking and bicycling, and
build support for bicycle and pedestrian
continued investment. Such programs
require the involvement of local
governments and agencies, law
enforcement, private entities, non - profit
organizations and a strong volunteer base.
Packet Page -67-
10-,
Expanding and Improving the Network
popular facilities that provide numerous
benefits and are preferred by a wide
variety of users.
As recommended in the previous section of
this report, the MPO should consider
developing separate greenways and trails
program to provide greenways and trails
the much needed attention they deserve.
There are several promising greenway
projects that have been identified and are
a different conceptual or implementation
stages. These projects are described
below and depicted on Exhibit 26. These
projects are identified bicycle and
pedestrian needs and should be considered
for funding.
Descriptions of Greenways
The Gordon River Greenway will run
through one of the last unspoiled areas of
urban Naples. The Greenway will stretch
two miles from Golden Gate Parkway
towards the heart of Naples, ending at
Central Avenue. The first section of the
Greenway opened in 1992. It consists of a
paved loop trail adjacent to the Naples
Municipal Airport. The Greenway Park will
also feature a canoe and kayak launch,
scenic overlooks, picnic shelter areas,
wildlife viewing stations, bridges, benches,
and educational signage with interpretive
graphics.
The River of Grass Greenway (ROGG) is
proposed to run parallel to Tamiami Trail
(US. 41), the ROGG will be a hard- surfaced
12 -14 foot wide corridor (separated from
the highway) suitable for a range of non -
motorized recreation activities such as
bicycling, walking, bird - watching,
photography, fishing, and general
enjoyment of the greater Everglades
natural area. ROGG will extend from
7/7/2015 9.B
11L1 YFO Tulp
COMPREHENSIVE
PATHWAYS PLAN
Krome Avenue (at the eastern edge of
Everglades National Park near Miami) to
the Naples area, a distance of
approximately 75 miles. Over 90% of the
pathway will go through national and state
parks, and will include spurs to nearby
historic and cultural centers including
Everglades City and the Miccosukee Indian
Village. Parks include Everglades National
Park, Big Cypress National Preserve, Ten
Thousand Islands National Wildlife Refuge,
Fakahatchee Strand Preserve State Park,
Collier - Seminole State Park, and Picayune
Strand State Forest.
Rich King Memorial Greenway is an
approximately three -mile asphalt pathway
constructed in 2011 from Rattlesnake
Hammock Road to Radio Road in the
Florida Power &t Light (FPL) right -of -way
west of Santa Barbara Blvd. The greenway
provides people of all ages an attractive,
safe, accessible and free area to cycle,
walk, jog or skate. This is the first phase
Packet Page -68-
_xpanding and Improving the Network
of a proposed greenway that is planned to
connect with the FPL right -of -way that
runs parallel to Livingston Road (see
Exhibit 26).
Livingston Road /FPL Greenway is an
opportunity corridor to extend the existing
Rich King Memorial Greenway to the north
by crossing to the west to follow the FPL
right -of -way alignment that runs just west
of Livingston Road. This greenway will
continue north into Lee County making this
a regional connection for people to cycle,
walk, jog or skate.
7/7/2015 9.B
CQMPflEHENSlVE
PATHWAYS
Naples Bay Greenway is a proposed
greenway that would connect two popular
tourist attractors - Rookery Bay, a National
Estuarine Research Reserve, and the
Naples Botanical Gardens. The Greenway
is proposed to run partially along the FPL
right -of -way running south of Tamiami
Trail East (US41) from Collier Blvd. (SR951)
to the Naples Botanical Gardens at
Bayshore Drive and Thomasson Drive.
There would be recreational activities such
as bicycling, walking, bird - watching, and
photography to add enjoyment of this
mangrove estuary.
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Packet Page -69-
7/7/2015 9.B.
Exhibit 26
COUNTY
'� COLLIER CDUIJTY
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7/7/2015 9.B.
EXHIBIT "A"
Permitted Uses:
The Honda CPUD shall be developed as a commercial use project, which will include an
automotive sales facility with associated repair services, limited to 60,000 SF Gross Floor Area
(GFA).
TRACT A (Limited to the Southerly 10 acres)
A. Principal Uses:
1. Motor vehicle dealers (new and used); SIC Code Group 5511
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. 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)
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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.
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.
TRACT B:
A. Principal Uses
Stormwater treatment areas, buffers, drives, signs, and other horizontal improvements
accessory to the uses in tract A.
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7/7/2015 9.B.
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
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Packet Page -72- PL20140001326
PRINCIPAL. USES
ACCESSORY
USES
MINIMUM LOT AREA
10,000 Sq. Ft.
N/A
MINIMUM LOT WIDTH
100 Ft.
N/A
MINIMUM YARDS (External)
From Pine Ridge Road ROW
25 Ft.
SPS
From Livingston Road ROW
25 Ft.
SPS
From West and North Property Boundary
25 Ft.
SPS
MIN. DISTANCE BETWEEN
STRUCTURES
'/z Sum of Zoned Building
Heights
10 Ft.
MAXIMUM HEIGHT
Zoned
Actual
Auto Dealership Showroom
35 Ft.
45 Ft.
25 Ft.
MINIMUM FLOOR AREA
1,000 Sq. Ft.
MAX. GROSS FLOOR AREA
60,000 Sq, Ft
Page 2 of 9 05 -14 -2015 revision Germain Honda P'U€?
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-
I EGAL DESCRIPTION
(OFFICIAL RECORDS BOOK 3640, PAGES 2607 -2610)
BEING A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 510 FEET OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER, LESS THE EAST 30 FEET AND SOUTH 75
FEET FOR ROAD RIGHT -OF -WAY;
LESS AND EXCEPT THE FOLLOWING DESCRIBED_ PARCEL AS SHOWN IN OFFICIAL RECORDS
BOOK 3640. PAGES 2609 AND 2610
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT BEING THE
CENTERLINE INTERSECTION OF LIVINGSTON ROAD (C.R. 99 1) AND PINE RIDGE ROAD (C.R..
896);
THENCE NORTH 00°17'03" WEST ALONG THE EAST LINE OF SAID SECTION 12, A DISTANCE OF
75.00 FEET;
THENCE NORTH 89 °3!'15" WEST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 0(r17'03" WEST ALONG A LINE LYING 30 FEET WEST AS MEASURED
PERPENDICULAR TO SAID EAST LINE OF SECTION 11 A DISTANCE OF 1245.71 FEET;
THENCE NORTH 89 032'18" WEST, A DISTANCE OF 187AS FEET TO THE POINT OF CURVATURE
OF A NON- TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5806.33 FEE "1, A
CENTRAL ANGLE OF 02 002'37 ", AND A CHORD OF 207.07 FEET BEARING SOUTH 09"22'52" EAST;.
THENCE SOUTH ALONG SAID CURVE. A DISTANCE OF 207.09 FEET TO THE POINTOF
CURVATURE OF A REVERSE CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 5686.33
FEET, A CENTRAL ANGLE OF 06 007'58 ", AND A CHORD OF 608.36 FEET BEARING SOUTH
07"20'11" EAST;
THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 608.66 FEET; THENCE SOUTH 00 "1793"
EAST, A DISTANCE OF 413.86 FEET; THENCE SOUTH 45 "06'14" WEST, A DISTANCE OF 21.06
FEET;
THENCENORTH 89031'15" WEST, A DISTANCE OF 385.04 FEET; THENCE SOUTH 00 "17'13" EAST, A
DISTANCE OF 10.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF AFORESAID PINE RIDGE
ROAD,
THENCE SOUTH 89 "3i'I5' EAST ALONG SAID NORTH RIGHT- OF•WAY LINE, A DISTANCE OF
480.05 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT.
CONTAINING 3.253 ACRES (141,691) SQUARE FEET), MORE OR LESS.
CONTAINING 10.47 ACRES (7) IN THE RESULTANT PARCEL
CONTAINING A TOTAL NET AREA OF 10.47 ACRES.
05 -14 -2015 revision
Packet Page -74-
O r ..d
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EXHIBIT 44E`9
LIST OF REQUESTED DEVIATIONS FROM LDC
No Deviations are requested.
7/7/2015 9.B.
05-14-2015 revision Germain Honda PUD
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EXHIBIT "F"
LIST OF DEVELOPER COMMITMENTS
GENERAL
7/7/2015 9.B.
1. All traffic control devices, signs, pavement marking, and design criteria shall be
in accordance with the Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards,
current edition, and the Manual on Uniform Traffic Control Devices (MUTCD),
current edition.
2. Arterial -level street lighting shall be provided at all access points. Access lighting
shall be in place prior to the issuance of the final Certificate of Occupancy (CO).
3. 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.
4. 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.
5. Outside storage or display of automotive parts and supplies is not permitted.
6. At the time of SDP, a letter of no objection from FPL shall be obtained by owner
or developer and provided to County for any storage, structures or improvements
to be placed in the FPL easement.
ENVIRONMENTAL
1. Soil Contamination
a. Developer will work with FDEP to create an action plan for any required
clean -up.
b. Any required clean -up will be accomplished prior to construction
commencement.
c. Documentation of clean -up completion (if necessary) from FDEP to be
provided at pre - construction meeting.
Page 5 of 9 05- 14.2015 revision Germain Honda PUD
Packet Page -76- PL20140001326
UTLITIES:
Prior to Site Development Plan (SDP) approval, Owner shall convey to Collier
County and the Collier County Water Sewer District (CCWSD), a County Utility
Easement (CUE) including access to facilities, running north/south on the Honda
CPUD, for a wastewater force main and other utility facilities; free and clear of
liens and encumbrances. One of two alternative locations shall be selected by
County at the time of SDP application:
a. A 20' CUE within the existing FPL easement at a location and
under conditions acceptable to Owner, FPL and CCWSD. This
conveyance shall be by donation. if the parties have not agreed in
writing upon the acceptable conditions by the time of SDP
application, it shall be deemed that the County has selected
alternative b. below.
or
a. A 15' CUE that runs parallel to the Honda CPUD's eastern
property line. The CUE shall provide that the County- required 15
foot landscape buffer may be located within the CUE except that
trees shall only be allowed on the western 5 feet of the CUE.
Selection of tree types within the permissible 5' shall be pre-
approved by the CCWSD. The CUE shall further provide that any
subsequent installation or repair of County facilities that results in
damage or removal of the Owner's landscape materials will be
repaired or replaced at the expense of the CCWSD. Due to joint
use of the area, compensation to Owner shall be 50% of appraised
(fee simple) value at time of the conveyance. CCWSD intends to
complete design of its wastewater transmission main prior to the
submission by owner of its SDP; thereafter, CCWSD will bid the
construction among its fixed -term underground contractors with
the intention to complete construction concurrently with site
construction.
2. Prior to the issuance of the first certificate of occupancy, Owner or Developer
shall obtain a right -of -way permit and then remove the private force main within
the County's road right -of -way running parallel to the Honda CPUD's eastern
property line. The private force main shall be relocated to a location outside of
the County's road right -of -way or CUE.
TRANSPORTATION:
Prior to SDP approval, Owner shall convey to County, at no cost to Collier
County, additional road right -of -way for Livingston Road and Pine Ridge Road to
allow a 100' turning radius for a continuous right turn lane from southbound
Livingston to westbound Pine Ridge. Conveyance shall be by road easement, free
and clear of all liens and encumbrances. This condition is further defined
graphically on Exhibit C.
05 -14- 2015 revision
Packet Page -77-
7/7/2015 9.B.
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7/7/2015 9.B.
2. If FPL retains the driveway labeled "FPL access" on the master plan, this access
shall be gated or otherwise controlled so as to not permit public use.
The developer or its successors in interest, shall construct a 10 foot wide multi-
use pathway (i.e. may widen existing sidewalk) along and within the Livingston
Road right of way frontage from Pine Ridge Road to Ridgeway Drive in lieu of
providing an easement along the FPL corridor. The construction of the
Livingston Road frontage shall be completed prior to the first Certificate of
Occupancy. At the request of Collier County, the Developer shall construct a 10
foot wide multi -use pathway along the frontage of Ridgeway Drive (i.e. may
widen existing sidewalk).
OPERATIONAL RESTRICTIONS:
1. No outdoor amplified sound (does not apply to personal electronic devices)
2. If a carwash is to be an accessory, use of the following standards may be
considered where applicable:
a. Each end of the carwash will have bay doors that will remain closed
during the entire wash cycle and will only be opened and closed for
entering or exiting vehicles
3. Service areas:
a. Must be enclosed
b. Doors will only be opened and closed for entering or exiting vehicles
4. Hours of operation will be limited to the following, except for special events:
a. lam to 8pm, Monday thru Friday for Sales;
b. lam to 6pm Monday thru Friday for Service; and
c. lam to 5pm Saturday and Sunday for both Sales and Service
5. Buffers:
a. Landscape buffers shall be required as per the Land Development Code
and as shown in the Master Plan (Exhibit C).
6. No gasoline storage or fueling tanks shall be located on the property.
7. There will be no collision shop operations on -site.
8. There will be no rooftop parking.
9. Buildings will be limited to two- stories.
10. Primary use is new cars and used cars as an accessory use limited to no greater
than 40% of total inventory except those accepted as trade -ins by the dealership.
Page 8 of g 05 -14 -2015 revision Germain Honda PUD
Packet Page -78- PL20140001326
11. Off- loading of vehicles is prohibited within the public right -of -way.
12. Lighting:
a. Lighting will be shielded and directional to avoid glare on neighboring
properties. Illumination at all adjacent residential properties' lines shall
not exceed .5 foot candles
b. Display lighting will be limited to the area shown on the Masterplan and
will be reduced in specified areas to a security level lighting after l 1pm.
Security level lighting will have a minimum lumens reduction of 50%
c. All lighting will be flat panel fixtures
d. Lighting on the perimeter of the project will utilize full cutoff shields
e. Lighting height will be limited to 20'
f. Display lighting will not exceed 1,000 watt metal halide intensity or
equivalent (intensity of LED, or other bulb type).
Page 9 of 9
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7/7/2015 9.B.
Germain Honda PUD
PL20140001326
7/7/2015 9. B.
ORDINANCE NO. 15-
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 AGRICULTURAL (A) ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT FOR A 10.47± ACRE PARCEL TO BE KNOWN AS THE
GERMAIN HONDA CPUD TO ALLOW CONSTRUCTION OF AN
AUTOMOTIVE SALES FACILITY WITH ASSOCIATED REPAIR
SERVICES, UP TO 60,000 SQUARE FEET OF GROSS FLOOR AREA, ON
PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE
INTERSECTION OF PINE RIDGE ROAD AND LIVINGSTON ROAD IN
SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTION
NO. 94 -584, A CONDITIONAL USE FOR A RETAIL NURSERY; AND
PROVIDING AN EFFECTIVE DATE. [PETITION PUDZ- PL201400013261
WHEREAS, Dominick J. Amico, Jr., P.E. of Agnoli, Barber & Brundage, Inc. and R.
Bruce Anderson, Esquire of Roetzel & Andress, LPA representing JAZ Real Estate Holdings,
LLC, petitioned the Board of County Commissioners to change the zoning classification of the
herein described property.
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 12,
Township 49 South, Range 25 East, Collier County, Florida is changed from the Agricultural (A)
zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 10.47±
acre parcel to be known as the Germain Honda CPUD in accordance with Exhibits A through F
attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps,
[14- CPS - 01378/1188210/1]104 1 oft
Germain Auto CPUD/PUDZ- PL20140001326
Rev. 6/18/15
Packet Page -80-
7/7/2015 9.B.
as described in Ordinance No. 2004 -41, as amended, the Collier County Land Development
Code, is /are hereby amended accordingly.
SECTION TWO: REPEAL OF RESOLUTION.
Resolution No. 94 -584 is hereby repealed in its entirety, with an effective date of the
issuance of the first building permit for the motor vehicle dealer use.
SECTION THREE: EFFECTIVE DATE.
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. 2015- becomes
effective.
PASSED AND DULY ADOPTED by super - majority vote of the Board of County
Commissioners of Collier County, Florida, this
ATTEST
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form and legality:
Heidi Ashton -Cicko
Managing Assistant County Attorney
It 1 i ti,
day of , 2015.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
�0
TIM NANCE, Chairman
Attachments: 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
[ 14- CPS - 01378/118821 0/1]104 2 of
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7/7/2015 9.B.
EXHIBIT "A"
Permitted Uses:
The Honda CPUD shall be developed as a commercial use project, which will include an
automotive sales facility with associated repair services, limited to 60,000 SF Gross Floor Area
(GFA).
TRACT A (Limited to the Southerly 10 acres)
A. Principal Uses:
1. Motor vehicle dealers (new and used); SIC Code Group 5511
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. 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.
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.
TRACT B:
A. Principal Uses
Stormwater treatment areas, buffers, drives, signs, and other horizontal improvements
accessory to the uses in tract A.
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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
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Packet Page -83- PL20140001326
PRINCIPAL USES
ACCESSORY
USES
MINIMUM LOT AREA
10,000 Sq. Ft.
N/A
MINIMUM LOT WIDTH
100 Ft.
N/A
MINIMUM YARDS (External)
From Pine Ridge Road ROW
25 Ft.
SPS
From Livingston Road ROW
25 Ft.
SPS
From West and North Property Boundary
25 Ft.
SPS
MIN. DISTANCE BETWEEN
STRUCTURES
'/z Sum of Zoned Building
Heights
10 Ft.
MAXIMUM HEIGHT
Zoned
Actual
Auto Dealership Showroom
35 Ft.
45 Ft.
25 Ft.
MINIMUM FLOOR AREA
1,000 Sq. Ft.
MAX. GROSS FLOOR AREA
60,000 Sq. Ft
Page 2 of 9 06 -18 -2015 revision Germain Honda PUD
Packet Page -83- PL20140001326
7/7/2015 9.B.
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7/7/2015 9.B.
EXHIBIT '"W"
LEGAL DESCRIPTION
(OFFICIAL RECORDS BOOK 3640, PAGES 2607 -2610)
BEING A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 510 FEET OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER, LESS THE EAST 30 FEET AND SOUTH 75
FEET FOR ROAD RIGHT -OF -WAY;
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL AS SHOWN IN OFFICIAL RECORDS
BOOK 3640. PAGES 2609 AND 2610
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT BEING THE
CENTERLINE INTERSECTION OF LI VINGSTON ROAD (C.R. 881) AND PINE RIDGE ROAD (C.R.
896);
THENCE NORT H 00°I703" WEST ALONG THE EAST LINE OF SA ID SECTION 1?, A DISTANCE OF
75.00 FEET;
THENCE NORTH 8903I'l 5" WEST, A DISTANCE OF 30.00 FEETTO THE POINT OF BEGINNING;
THENCE NORTH 00°17'03" WEST ALONG A LINE LYING 30 FEET WEST AS MEASURED
PERPENDICULAR TO SAID EAST LINE OF SECTION 12, A DISTANCE OF 1245.71 FEET;
THENCE NORTH 89032'1 B" WEST, A DISTANCE OF 167.45 FEET TO THE POINT OF CURVATURE
OF A NON- TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5806.33 FEED, A
CENTRAL ANGLE OF 02 002'370, AND A CHORD OF 207.07 FEET BEARING SOUTH 09022'52" EAST;
THENCE SOUTH ALONG SAID CURVE. A DISTANCE OF 207.09 FEET TO THE POINT OF
CURVATURE OF A REVERSE CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 5686.33
FEET, A CENTRAL ANGLE OF 06007'58 ", AND A CHORD OF 60836 FEET BEARING SOUTH
07°2(Y1 I" EAST;
THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 608.66 FEET; THENCE SOUTH WI 7103"
EAST, A DISTANCE OF 413.86 FEET; THENCE SOUTH 45°06'14" WEST, A DISTANCE OF 21.06
FEET;
THENCE NORTH 89°31'15" WEST, A DISTANCE OF 385.04 FEET; THENCE SOUTH 00°1713" EAST, A
DISTANCE OF 10.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF AFORESAID PINE RIDGE
ROAD;
THENCE SOUTH 8931'15' EAST ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF
480.05 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT.
CONTAINING 3.253 ACRES (141,691) SQUARE FEET), MORE OR LESS.
CONTAINING 10.47 ACRES (=) IN THE RESULTANT PARCEL
CONTAINING A TOTAL NET AREA OF 10.47 ACRES.
Page 4 of 9
06 -18 -2015 revision
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Germain Honda PUD
PL20140001326
EXHIBIT "E"
LIST OF REQUESTED DEVIATIONS FROM LDC
No Deviations are requested.
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Germain Honda PUD
PL20140001326
EXHIBIT "F"
LIST OF DEVELOPER COMMITMENTS
GENERAL
7/7/2015 9. B.
1. All traffic control devices, signs, pavement marking, and design criteria shall be
in accordance with the Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards,
current edition, and the Manual on Uniform Traffic Control Devices (MUTCD),
current edition.
2. Arterial -level street lighting shall be provided at all access points. Access lighting
shall be in place prior to the issuance of the final Certificate of Occupancy (CO).
3. 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.
4. 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.
5. Outside storage or display of automotive parts and supplies is not permitted.
6. At the time of SDP, a letter of no objection from FPL shall be obtained by owner
or developer and provided to County for any storage, structures or improvements
to be placed in the FPL easement.
ENVIRONMENTAL
1. Soil Contamination
a. Developer will work with FDEP to create an action plan for any required
clean -up.
b. Any required clean -up will be accomplished prior to construction
commencement.
c. Documentation of clean -up completion (if necessary) from FDEP to be
provided at pre- construction meeting.
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n
7/7/2015 9.B.
n, UTLITIES:
Prior to Site Development Plan (SDP) approval, Owner shall convey to Collier
County and the Collier County Water Sewer District (CCWSD), a County Utility
Easement (CUE) including access to facilities, running north/south on the Honda
CPUD, for a wastewater force main and other utility facilities, free and clear of
liens and encumbrances. One of two alternative locations shall be selected by
County at the time of SDP application:
a. A 20' CUE within the existing FPL easement at a location and
under conditions acceptable to Owner, FPL and CCWSD. This
conveyance shall be by donation. If the parties have not agreed in
writing upon the acceptable conditions by the time of SDP
application, it shall be deemed that the County has selected
alternative b. below.
or
a. A 15' CUE that runs parallel to the Honda CPUD's eastern
property line. The CUE shall provide that the County- required 15
foot landscape buffer may be located within the CUE except that
trees shall only be allowed on the western 5 feet of the CUE.
Selection of tree types within the permissible 5' shall be pre -
approved by the CCWSD. The CUE shall further provide that any
subsequent installation or repair of County facilities that results in
damage or removal of the Owner's landscape materials will be
repaired or replaced at the expense of the CCWSD. Due to joint
use of the area, compensation to Owner shall be 50% of appraised
(fee simple) value at time of the conveyance. CCWSD intends to
complete design of its wastewater transmission main prior to the
submission by owner of its SDP; thereafter, CCWSD will bid the
construction among its fixed -term underground contractors with
the intention to complete construction concurrently with site
construction.
2. Prior to the issuance of the first certificate of occupancy, Owner or Developer
shall obtain a right -of -way permit and then remove the private force main within
the County's road right -of -way running parallel to the Honda CPUD's eastern
property line. The private force main shall be relocated to a location outside of
the County's road right -of -way or CUE.
TRANSPORTATION:
1. If FPL retains the driveway labeled "FPL access" on the master plan, this access
shall be gated or otherwise controlled so as to not permit public use.
2. The developer or its successors in interest, shall construct a 10 foot wide multi-
use pathway (i.e. may widen existing sidewalk) along and within the Livingston
Road right of way frontage from Pine Ridge Road to Ridgeway Drive in lieu of
providing an easement along the FPL corridor. The construction of the
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7/7/2015 93.
Livingston Road frontage shall be completed prior to the first Certificate of
Occupancy. The pathway shall be offset 2 feet from the back of curb of
Livingston Road to provide a 2 foot clear zone. At the request of Collier County,
the Developer shall construct a 10 foot wide multi -use pathway along the frontage
of Ridgeway Drive (i.e. may widen existing sidewalk).
OPERATIONAL RESTRICTIONS:
1. No outdoor amplified sound (does not apply to personal electronic devices)
2. If a carwash is to be an accessory, use of the following standards may be
considered where applicable:
a. Each end of the carwash will have bay doors that will remain closed
during the entire wash cycle and will only be opened and closed for
entering or exiting vehicles
3. Service areas:
a. Must be enclosed
b. Doors will only be opened and closed for entering or exiting vehicles
4. Hours of operation will be limited to the following, except for special events:
a. lam to 8pm, Monday thru Friday for Sales;
b. lam to 6pm Monday thru Friday for Service; and
c. lam to 5pm Saturday and Sunday for both Sales and Service
5. Buffers:
a. Landscape buffers shall be required as per the Land Development Code
and as shown in the Master Plan (Exhibit Q.
6. No gasoline storage or fueling tanks shall be located on the property.
7. There will be no collision shop operations on -site.
8. There will be no rooftop parking.
9. Buildings will be limited to two- stories.
10. Primary use is new cars and used cars as an accessory use limited to no greater
than 40% of total inventory except those accepted as trade -ins by the dealership.
11. Off - loading of vehicles is prohibited within the public right -of -way.
12. Lighting:
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7/7/2015 9.B
n a. Lighting will be shielded and directional to avoid glare on neighboring
properties. Illumination at all adjacent residential properties' lines shall
not exceed .5 foot candles
b. Display lighting will be limited to the area shown on the Masterplan and
will be reduced in specified areas to a security level lighting after I 1 pm.
Security level lighting will have a minimum lumens reduction of 50%
c. All lighting will be flat panel fixtures
d. Lighting on the perimeter of the project will utilize full cutoff shields
e. Lighting height will be limited to 20'
f. Display lighting will not exceed 1,000 watt metal halide intensity or
equivalent (intensity of LED, or other bulb type).
Page 9 of 9 06 -18 -2015 revision Germain Honda PUD
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TICE PUBLIC N OT10E PUBLIC N U"1 ICE
NOTICE OF PUBLIC HEARIN 7/7/2015 9.B.
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on
July 07, 2015 commencing at 9:00 a.m., in the Board of County Commissioners chamber, third floor, Collier
County Government Center, 3299 E. Tamiami Trail, Naples, FL.
The purpose of the hearing is to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES
BY REVISING THE LIVINGSTON /PINE RIDGE COMMERCIAL INFILL SUBDISTRICT TO ADD NEW
CAR SALES USES UP TO 60,000 SQUARE FEET AS AN ALTERNATIVE TO GENERAL AND MEDICAL
USES ON THE SOUTHERN 10 ACRES OF THE SUBDISTRICT'S NORTHWEST QUADRANT. THE
SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF PINE RIDGE ROAD (CR 896)
AND LIVINGSTON ROAD INTERSECTION IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST;
AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE. [PL20140001282 / CPSS- 2014 -21
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 AGRICULTURAL (A) ZONING DISTRICT
TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 10.47±
ACRE PARCEL TO BE KNOWN AS THE GERMAIN HONDA CPUD TO ALLOW CONSTRUCTION OF
AN AUTOMOTIVE SALES FACILITY WITH ASSOCIATED REPAIR SERVICES, UP TO 60,000 SQUARE
FEET OF GROSS FLOOR AREA, ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE
INTERSECTION OF PINE RIDGE ROAD AND LIVINGSTON ROAD IN SECTION 12, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTION
NO. 94 -584, A CONDITIONAL USE FOR A RETAIL NURSERY; AND PROVIDING AN EFFECTIVE DATE.
[PETITION PUDZ- PL20140001326]
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All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made
available for inspection at the Division, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, FL.,
between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made
available for inspection at the Collier County Clerk's Office, fourth floor, suite 401, Collier County Government
Center, East Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents
should be directed to the Zoning Division, Comprehensive Planning Section. Written comments filed with the
Clerk to the Board's Office prior to Tuesday, July 07, 2015 will be read and considered at the public hearing.
If a person decides to appeal any decision made by the Collier County Board of County Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding,
and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,
you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County
Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239)
252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are
available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE,
CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL) Packet Page -91-
No. 231 1 21 347 June 17, 2015
7/7/2015 9.B.
18A )) Wednesday, June 17,2015» NAPLES DAILY NEWS
PUBLIC NOTICE PUBLIC NOTICE. > +G`NOTICE
a7
ni6TicE Vii= PIiBLIC HEARL, G -; .. -
NOTICE OF INTENT TO CONSIDER ORQINANCES
Notice is hereby given that the Collier County Board of County Commissioners will hold a public heann9 one
July 07, 2015 commencing at 9:00 a.m.; in the Board of County Commissioners chamber, third floor, Collier.
County Government Center, 3299 E. Tarriiami;Tro, Naples;:FL.
The purpose of the hearing'is to consider•
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO.89 -0, ASAMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT_
PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP ANDtMAP SERIES
BY REVISING THE LIVINGSTOWPINE RIDGE COMMERCIAL -INFILL :SUSDISTRICT'TO ADD'NEW
CAR SALES USES UP TO 60,000 SQUARE FEET AS AN ALTERNATIVE TO GENERAL AND MEDICAL
USES ON THE SOUTHERN 10 ACRES OF THE SUBDISTRICT'S "NORTHWEST QUADRANT. `THE
SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF PINE RIDGE ROAD (CR 896)�-s:
AND LIVINGSTON ROAD INTERSECTION IN SECTION'12, TOWNSHIP 49 SOUTH, RANGE 25 EAST--
AND FURTHERMORE, RECOMMENDING TRANSMITTAL.OF.THE AMENDMENT TO'THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE (PL20140001282 / OPSS- 2014 -21
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 AGRICULTURAL (A) ZONING DISTRICT
TO -A COMMERCIAL PLANNED UNIT DEVELOPMENT• (CPUD) ZONING DISTRICT FOR A 10.471 >
ACRE PARCEL TO.BE KNOWN AS THE GERMAIN HONDA CPUD TO ALLOW CONSTRUCTION OF
AN AUTOMOTIVE SALES FACILITY WITH ASSOCIATED. REPAIR SERVICES, UP TO '80,000 SQUARE
FEET OF GROSS FLOOR AREA, ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF T- Hi
INTERSECTION OF PINE RIDGE ROAD AND LMNGSTOWROAD IN SECTION, 12, TOWNSHIP.49'D'.
SOUTH; RANGE 25 EAST, COWER'COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTION
NO.94 -584, A CONDITIONAL USE FOR A RETAIL NURSERY, AND PROVIDING AN EFFECTIVE DATE.:':
(PETITION PUDZ- PL20140001328]
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Ali interested parties are invited to appear arid, be heard. Copies of the proposed ORDINANCES will be made
available for inspection at the Division, Comprehensive Planning Section, 2800 N. Horseshoe Dr.; Naples, FL,
between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will tie made
available for inspection at the Collier County Clerk's Office, fourth floor, suite 401,`Collier County Government
Center, East - Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents ,
should be directed to the Zoning Division, Comprehensive Planning Section. Written comments filed with the
Clerk to the Board's Office prior to Tuesday, July O7, 2015 will be read and wnsidered at tie publio:hearing.
If a person decides to appeal any decision made by "the Collier County Board of Coix* Commissioners
with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding,
and for such purpose he may need to ensure that a verbatim record of thepiioceedings is made, which record
includes the testimony and evidence upon which the appeal is to be cased. '
If you are a person with a disability who needs any accommodation in order to participate In this proceeding
you are entitled, at no cost to you, to the provision of certain assistance. Please. contact 1he.Collier County
Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Napies; FL. 34112- 5356'M9)
252 -8380, at least two days prior to the meeting. Assisted listening 'devices for the hearing 'Impaired are'
available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COWER COUNTY, FLORIDA
TIM NANCE,
CHAIRMAN
DWIGHT E. BROOK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL) .
No 231121347 -June17.2015 ':
aft
WOO
Packet Page -92-
e.