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Ordinance 2020-032 ORDINANCE NO. 20 - 3 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS GERMAIN IMMOKALEE CPUD, TO ALLOW A NEW AND USED AUTOMOTIVE DEALERSHIP UP TO 80,000 SQUARE FEET ON THE PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD APPROXIMATELY 0.6 MILES WEST OF INTERSTATE 75, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 8.97± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190000451] WHEREAS, Thomas D. Barber, AICP, of Agnoli, Barber & Brundage, Inc. representing JAZ Real Estate Holdings, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from Agricultural (A) Zoning District to a Commercial Planned Unit Development (CPUD) for a 8.97± acre project to be known as Germain Immokalee CPUD, to allow a new and used automotive dealership (SIC 5511), in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. [19-CPS-01908/1562200/1]110 Germain Immokalee Road/PL20 1 9000045 1 9/1/20 Page 1 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 20 - 51 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 13-ti day of Oad LAC 2020. ATTEST: . - 1.. BOARD OF COUNTY COMMISSIONERS CRYSTA4;K. KINZEIZ 1 LERK COLLIER COUNTY, FLORIDA �. f Afigi‘X,4aeoilib4— By: y: Attest as to Chairman s l, f-lepu er Burt L. Saunders, Chairman signature only. IJ Approved as to form and legality: iCt I"Ott A C/L OC R Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A- List of Permitted Uses Exhibit B - Development and Design Standards Exhibit C - Master Concept Plan Exhibit D - Legal Description Exhibit E- Deviations Exhibit F - Development Commitments This ordinance fired with the Se Eatery of t 's Office the 'day of( t3 , and acknowledgement of that filing received this day ofO•CIX.Y , r c D. `;. `By,1t,. _ ; Deputy [19-CPS-01908/1562200/1]110 Germain Immokalee Road/PL20190000451 9/1/20 Page 2 EXHIBIT A Permitted Uses The Germain Immokalee CPUD shall be developed as a commercial use project, which will include a luxury automotive sales facility, limited to 80,000 SF Gross Floor Area(GFA). Tract A: A. Principal Uses: 1. A Luxury Motor Vehicle Dealers (new and used); SIC Code Group 5511 a. A Luxury Automobile Dealership shall be any automobile dealership (SIC Code 5511) that sells only high-end luxury vehicles such as, but not limited to, Lamborghini, Ferrari, Maserati, Lotus, BMW, Lexus or Jaguar and the hours of operation may be less than a typical automobile dealership and inventory may be limited. 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by Hearing Examiner or the Board of Zoning Appeals (BZA) by the process outlined in the LDC. B. Accessory Uses: 1. Automotive Parking for vehicular storage for new and used sales only.(7521) 2. Car wash, subject to the provisions of LDC Section 5.05.11. 3. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: Showrooms, carwash, offices, service facilities and repair facilities. 4. Display of new and used automobiles for sale, provided it does not adversely affect pedestrian or vehicular traffic or public health. Vehicle display is prohibited within any required landscape buffer, and allowed within front, side and rear yard setbacks. Tract B: A: Principal Uses: 1. Preserves B. Accessory Uses: 1. Pathways 2. Stormwater Retention/Detention PL20 190000451 Germain Immokalee CPUD 08/24/2020 1 of 8 EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the proposed Commercial use PUD (CPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat, consistent with C-4 zoning. TABLE I DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH 150 Ft. N/A MINIMUM YARDS (External) From Immokalee Road ROW 50% of the building height, SPS but not less than 25 feet. Structures 50 feet or more in height = 25 feet plus one additional foot of setback for each foot of building height over 50 feet. From South, West and East Property 25 Ft. SPS Boundary From South Property Boundary 50% of the building height, SPS but not less than 15 feet. MIN. DISTANCE BETWEEN 1/2 sum of building heights 1/2 sum of building heights STRUCTURES or 15 ft (whichever is or 15 ft (whichever is greater) greater) MAXIMUM HEIGHT Zoned 55 Ft. Actual 60 Ft. Zoned 55 Ft. Actual 60 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. MAX. GROSS FLOOR AREA 80,000 Sq. Ft Included in principal use calculation PRESERVE SETBACK 25 FT 25 FT PL20190000451 Germain Immokalee CPUD 08/24/2020 2 of 8 W . w LL W 3 Z N I o IMMOKALEE ROAD j p d JZ V I a C.R.846 j 0 t O LLIn N Cr)N W W Q F (RIGHT OF WAY) F n Q VVVV V -i �Q« O LLJ Q Q Q Q Q Q !® --- - - m p m Se J M P u O n Q ' -----------_-- '-- — Q Q o litil r % u `, W 0aa D�����������•����♦ D a VI). • 1 ������� - w Z ������������������ u T ������������������������������������ Q Q I �������������������� 1 Z f < W _ � ��� . . . . �� 1 W z y 1 1 N N Z i i Z N Z p i 1 i 1 J Z >w a Q 0 O < < maa0 z a 1 1 U i .Z0 i S i aZp i _ V 0 W W 1 zS Z 1 1 QV m z i /� 1 USEPPA WAY li0 1 I. -- L i i 0 i Q i P. i wo° i 6 i z5z i X - >oQc i °m i a .- • N� W o z i 1 � oow Z m N u Q Q S 1 1 a Q Q Q LU Z V Q Z v0 > 1 1 V O 0 o _ J N oW ae O Z i I 7 `✓- -` d ee 7> Q H = J w i 1 % iw 8 v°�— Z ee Z v 1 1 W W W_m Q 0 a- a L. 1 �����������������♦ 1 (n > N m Q eL a Et m Ce N i ����������������������������������, i Q ~ i �,*A*•• . •�j�•�•�•�•�•���j�• i Bj4 J 1 u i . i c9 OF F 1 �•��������������� , I p. z LL ,n 1 I ou aw j : °`U-o _ �i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i� 1,,,..,,, 0 P=w- 1 ♦����������������1 15 .11 ��j�j�j�j�������j���j�j�j�����j���4 I oe w o P F w i I I m'oo i�o53� vgW6.o3 > �o�Q>zz x F�Oz W . zd m Z mzSZ°o 2Loa 'E< WQF2, 4 LLLeU Lp ' .QOLTJg' < . i^ a'dOw amm � ' bawO`¢CJs ' + • . 5 a� maWao zm i'`= ,-- ,*-1 OF.tat1� oza>w '0 W gt OwFwwo N N BUTLER LAKE DR. Z i 0 3 w g rz a. , _ ON <S m1 9(jgu n O N LL 0' m d dQ >a "o WLLz ,Et z J.- \ \J > Ou>zd g a F � ,2w io ' \ 60qNn0 PL201 9000045 1-(8 17 2020)GERMAIN IMMOKALEE CPUD 3 OF 8 EXHIBIT D LEGAL DESCRIPTION (O.R. 1079, PAGE 1242) THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST; SUBJECT TO EXISTING RESTRICTIONS AND RESERVATIONS OF RECORD; AND EXCEPTING THE NORTH 100 FEET THEREOF PREVIOUSLY CONVEYED FOR HIGHWAY RIGHT OF WAY. LESS AND EXCEPT THE PARCEL DESCRIBED IN OR BOOK 1716, PAGE 1552 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 8.97 ACRES MORE OF LESS. PL20190000451 Germain Immokalee CPUD 08/24/2020 4 of 8 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC No Deviations are requested. PL20190000451 Germain Immokalee CPUD 08/24/2020 5 of 8 EXHIBIT F LIST OF DEVELOPER COMMITMENTS GENERAL 1. The maximum vehicle trip generation for the PUD shall not exceed 166 two-way PM peak hour net new external trips based on the use codes in the Institute of Transportation Engineers Trip Generation Manual in effect at the time of application for development order approval. 2 Access points shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property boundary. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. 3. Site related improvements(as opposed to system related improvements)necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to commencement of on-site construction. 4. Outside storage or display of automotive parts and supplies is not permitted. 5. The southernmost portion of the property shall have a designated preserve. The area of the preserve shall equate to 15%of the total site acreage. Total site acreage= 8.97. 8.97 acres x 0.15 = 1.35 acres. 6. The preserve may be used to satisfy the landscape buffer requirements after removal of exotics and supplemental plantings in accordance with LDC 3.05.07. In order to meet the LDC requirements for a type"B"buffer along the southern boundary of the PUD,a 6' wide landscape buffer reservation has been identified on the Master Plan. In the event that the preserve does not meet the buffer requirement after removal of exotics and supplemental planting,the owner will plant additional landscaping in the 6' reservation to meet the buffer requirement.The type, size and number of plantings will be determined at time of SDP and included on the landscape plans for SDP. 7. One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval,the Managing Entity is JAZ Real Estate Holdings, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments PL20190000541 Germain Immokalee CPUD 08/24/2020 6 of 8 required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 8. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) 9. All other applicable state or federal permits must be obtained before commencement of the development. 10. If feasible,the Immokalee Road access shall be relocated to the western property line and designed as a joint driveway to serve this PUD development as well as the property to the west. The joint access shall include required reciprocal easements to allow construction and use to service both parcels and shall be permitted and constructed at time of first SDP or Plat of either parcel-development. OPERATIONAL RESTRICTIONS: 1. No outdoor paging or amplified sound shall be permitted. 2. Collision shop operations are prohibited. 3. Used car sales are limited to those used cars traded in incidental to the sale of new vehicles from the facility. 4. Vehicular access/overhead doors for vehicle delivery, showroom, car washing areas, and service areas, including service drop off and pick up, shall not be visible from a public roadway. Overhead doors may be visible from any internal roadway or internal driveway only if a roll down security style door or fully glazed overhead door is used. 5. Services doors must be designed to allow for closure and opened only for entry and exiting of vehicles, and not visible from the exterior of the site. 6. Off-loading of vehicles shall be prohibited on any public street. 7. Hours of Operation shall be limited as follows: a. Sales—8:00 AM to 9:00 PM for Monday through Saturday b. Service—7:00 AM to 6:00 PM Monday through Saturday c. Sales and Service— 10:00 AM to 6:00 PM Sunday 8. Buildings will be limited to three stories. 08/24/2020 7 of 8 9. Outdoor Lighting: a. Lighting will be shielded and directional to avoid glare on neighboring properties. Illumination at all adjacent residential property lines shall not exceed .5 foot candles. b. All lighting will be flat panel fixtures. c. Lighting on the perimeter of the project will utilize full cutoff shields d. Any lighting within 50 feet of a residential property line will be limited to 15 feet in height. e. All lighting will be no more than 25 feet in height. f. Display lighting will not exceed 1,000 watt metal halide intensity or equivalent (intensity of LED, or other bulb type). 10. Pylon or ground signs in the front of the property shall not be backlit. UTILITIES: 1. The existing 8" County water main shall be extended from Useppa Way to the potential future connection point on the western boundary of the PUD. The main will be conveyed to Collier County Water-Sewer District within a county utility easement (CUE) of 15' in width. This shall be in accordance with the Collier County Utilities Standards and Procedures ordinance, at no cost to the County or District, and free and clear of all liens and encumbrances,prior to or concurrent with preliminary acceptance of utilities. PL20190000541 Germain Immokalee CPUD 08/24/2020 8 of 8 �l!_tiHI tf4ri I ram • • FLORIDA DEPARTMENT of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State October 16, 2020 Ms. Martha S. Vergara, BMR&VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 20-32, which was filed in this office on October 15, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270