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HEX Backup Documents 07/24/2014 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS JULY 24, 2014 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON JULY 24,2014,IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N.HORSESHOE DRIVE,NAPLES, FLORIDA. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE 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. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL.THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES— June 26 2014 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. ZVL—PL20140001300 — Robert Duvall requests approval of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Laundry, Cleaning and Garment Service (SIC 7211-7219) is comparable in nature to other permitted uses in the Industrial Development Area under Section 3.2(a) of the White Lake Industrial Corporate Park PUD, Ordinance No. 01-59, as amended. The subject property is located on Lot 25 of the White Lake Corporate Park— Phase II subdivision, in Section 35,Township 49 South, Range 26 East,Collier County, Florida. [Ray Bellows, Zoning Manager] 3. OTHER BUSINESS 4. ADJOURN HEX 7-24-14 Ann P. lennejohn ZVL-PL201 40001 300 WHITE LAKE PUD From: Bellows, Ray Sent: Wednesday,July 02, 2014 10:28 AM To: Minutes and Records Cc: Bosi, Michael; 'Trish L. Morgan'; Neet, Virginia; Rodriguez, Wanda;Wells, Laura Subject: Ad Request for ZVL-PL20140001300 Attachments: ad p120140001300.pdf Please process the attached notice and acknowledge receipt at your earliest convenience.Also, please send confirmation for approval prior to processing. Raet Raymond V. Bellows, Zoning Manager Zoning Services Section Department of Planning and Zoning Growth Management Division- Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 er fCArt4.1.1ty Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 June 25, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on July 4, 2014,and furnish proof of publication to the attention of Ray Bellows, Zoning Manager in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING&ZONING Zoning Services Section FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 450046717 Account Number: 076397 Authorilid Designee signature for HEX Advertising P120140001300 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, July 24, 2014 in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples,Fl 34104,to consider: PETITION NO. ZVL—PL20140001300—Robert Duvall requests approval of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Laundry, Cleaning and Garment Service (SIC 7211-7219) is comparable in nature to other permitted uses in the Industrial Development Area under Section 3.2(a) of the White Lake Industrial Corporate Park PUD, Ordinance No. 01-59, as amended.The subject property is located on Lot 25 of the White Lake Corporate Park—Phase II subdivision,in Section 35,Township 49 South,Range 26 East;Collier County,Florida. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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 Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida Ann P. Jennejohn From: Bellows, Ray Sent: Wednesday,July 02, 2014 1:17 PM To: Ann P.Jennejohn; Rodriguez, Wanda Subject: RE:Ad Request for ZVL-PL20140001300 (7-24-14 HEX) Hi Ann, Please see my response below. Thanks ,Rae, Raymond V. Bellows, Zoning Manager Zoning Services Section Department of Planning and Zoning Growth Management Division-Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 Co er County From: Ann P. Jennejohn [mailto:Ann.JennejohnCacollierclerk.com] Sent: Wednesday, July 02, 2014 12:10 PM To: BellowsRay; RodriguezWanda Subject: RE: Ad Request for ZVL-PL20140001300 (7-24-14 HEX) Hi there, I'm going to start processing this ad for the ZVL, but I had a couple quick questions. Can I assume this is just a regular legal notice because there wasn't a map attached? I could be wrong, but in the past I'm fairly certain a map didn't accompany this type of notice. Correct, this is just a regular notice - No map required Also, per Naples Daily News, because they are closed the 4th of July, their deadline for publication on Friday, July 4th or Saturday, July 5th was yesterday. Now, if I get the request in right away and I can send (your)approval of the proof they'll send by 5 pm today, they can get it in the paper either this Sunday July 6th or Monday, July 7th. So I just need to know (1) if there's a map that goes with the ad and (2) whether you'd like it published Sunday, July 6th or on Monday, July 7th. Sunday or Monday will still meet the 15 day notice requirement. If the advertising fee is cheaper on a weekday then Monday will work best. Please let me know a.s.a.p. and I'll proceed accordingly. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday,July 02, 2014 1:28 PM To: Bellows, Ray; RodriguezWanda (WandaRodriguez @colliergov.net) Subject: RE:Ad Request for ZVL-PL20140001300 (7-24-14 HEX) Perfect, I'll send it right now. No map and I'll ask them to run it on Monday, July 7th. I'll send you a proof shortly (hopefully). Thanks so much for getting back to me! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Bellows, Ray Sent: Wednesday, July 02, 2014 1:17 PM To: Ann P. Jennejohn; Rodriguez, Wanda Subject: RE: Ad Request for ZVL-PL20140001300 (7-24-14 HEX) Hi Ann, Please see my response below. Thanks k'aff Raymond V. Bellows, Zoning Manager Zoning Services Section Department of Planning and Zoning Growth Management Division-Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 • 7r Cc.i n ty From: Ann P. Jennejohn [mailto:Ann.Jennejohnftcollierclerk.com] Sent: Wednesday, July 02, 2014 12:10 PM To: BellowsRay; RodriguezWanda Subject: RE: Ad Request for ZVL-PL20140001300 (7-24-14 HEX) Hi there, 1 Acct #076397 July 2, 2014 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: ZVL-PL20140001300 Dear Legals: Please advertise the above referenced notice on Monday, July 7, 2014 and send duplicate Affidavits of Publication to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500146717 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M. on Thursday, July 24, 2014 in the Hearing Examiner's Meeting Room (Room 609/610) at 2800 North Horseshoe Drive,Naples, FL 34104 to consider: PETITION NO. ZVL-PL20140001300—Robert Duvall requests approval of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Laundry, Cleaning and Garment Service (SIC 7211-7219) is comparable in nature to other permitted uses in the Industrial Development Area under Section 3.2(a) of the White Lake Industrial Corporate Park PUD, Ordinance No. 01-59, as amended. The subject property is located on Lot 25 of the White Lake Corporate Park—Phase II subdivision, in Section 35, Township 49 South, Range 26 East, Collier County,Florida. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of the staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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 Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday,July 02, 2014 1:33 PM To: Naples Daily News Legals Subject: Petition ZVL-PL20140001300 Attachments: ZVL-PL20140001300.doc;ZVL-PL20140001300.doc Hi there! Please advertise the attached on Monday, July 7th, 2014. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday,July 02, 2014 2:46 PM To: Ann P.Jennejohn Subject: Ad Confirmation Attachments: UAS3840 jpg Hi Ann! Please provide approval ASAP for publiction on 07.07.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 239-213-6061 cpolidora @naplesnews.com Thank you for placing your ad. Date 07/02/14 Publication NDN Account Number 787098 Ad Number 2030009 Total Ad Cost $269.64 1 WHITE LAKE INDUSTRIAL CORPORATE PARK PUD ZONING VERIFICATION LETTER ZVL-PL20140001300 NOTICE OF PUBUC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M. on Thursday, July 24,2014 In the Hearing Examiner's Meeting Room(Room 609/610) at 2800 North Horseshoe Drive,Naples, FL 34104 to consider: PETITION NO Z1/L-P120140001300-Robert Duvall requests approval of a zoning verification letter issued by the Planning and Zoning Department pursuant to UDC Section 10.02.06, in which County staff determined that the proposed use of Laun- dry,Cleaning and Garment Service (SIC 7211.7219)is comparable in nature to other permitted uses in the Industrial Development Area under Section 3.2(a) of the White Lake Industrial Corporate Park PUD,Ordinance No 01-59, as amended.The subject property is located on Lot 25 of the White Lake Corporate Park -Phase II subdivision, in Section 35, Township 49 South, Range 26 East. Collier County, Florida. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner Will become a permanent parr of the record: Copies of the staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL The Hearing Examiners decision becomes final on the date rendered. If,a person decides to appeal any decision made by the Collier County Hearing Examiner 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 Department located at 3335 Tamiami Trail East,Suite 101,Naples, Florida 34112- 5356.(239) 252-8380,at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County,Florida July 7,2014 No. 2030009 Ann P. Jennejohn From: Rodriguez,Wanda Sent: Wednesday, July 02, 2014 3:09 PM To: Ann P.Jennejohn Cc: Bellows, Ray Subject: RE: Proof ZVL-PL20140001300 (9-24-14 HEX) The ad looks good. Wanda Rodriguez, ACP .Advanced Certified ParaCegaC Office of the County Attorney (239)252-8400 Original Message From: Ann P. Jennejohn [mailto:Ann.Jennejohn0collierclerk.com] Sent: Wednesday, July 02, 2014 3:06 PM To: BellowsRay; RodriguezWanda Subject: FW: Proof ZVL-PL20140001300 (9-24-14 HEX) Here's the proof for Petition ZVL-PL20140001300, that will be advertised next Monday, July 7th for a hearing with the Hearing Examiner on July 24th. Please look it over and send comments and/or your approval a.s.a.p. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Wednesday, July 02, 2014 2:46 PM To: Ann P. Jennejohn Subject: Ad Confirmation Hi Ann! Please provide approval ASAP for publiction on 07.07.14. Thanks! Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday,July 02, 2014 4:43 PM To: Ann P.Jennejohn Subject: RE:Ad Confirmation Thank you!!! Original Message From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Wednesday, July 02, 2014 4:30 PM To: Polidora, Carol Subject: RE: Ad Confirmation Beautiful Carol! Please publish on Monday, July 7th, 2014. Thank you! Ann Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Wednesday, July 02, 2014 2:46 PM To: Ann P. Jennejohn Subject: Ad Confirmation Hi Ann! Please provide approval ASAP for publiction on 07.07.14. Just a reminder that deadlne is tomorrow due to the holiday weekend. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 239-213-6061 cpolidora @naplesnews.com Thank you for placing your ad. Date 07/02/14 Publication NDN Account Number 787098 Ad Number 2030009 1 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News + COLLIER COUNTY HEX LAURA WELLS 2800 N HORSESHOE DR NAPLES FL 34104 REFERENCE: 076397 59750652 NOTICE OF PUBLIC HEA State of Florida NOTICE OF MEETING NOTICE OF MEETING County O f Collier NOTICE OF PUBLIC HEARING Notice is hereby min gi((HEX)that a 0ublic hearing will be held by the Collier County Before the undersigned authority, pars Hearing Examiner HEX at 9:00 A.M.on T hursday,July 24,echo in the Hearing appeared Daniel McDermott, on oath says t FL34104to onsldegr:Room (Room 609/610) at 2800 North Horseshoe Drive, Naples, serves as Inside Sales Manager of the Na PETITION NO. ZVL-PL20140001300 - Robert Duvall requests verification letter issued by the Planning and Zoning Department News, a daily newspaper published at Section 10.02.06, in which County staff determined that the pproval of ta o zoning pursuant to un- dry, Cleaning and Garment Service(SIC 7211-7219)is comparable in nature to other Naples, in Collier County, Florida: the Permitted uses in the Industrial Development Area under Section men of the attached copy of advertising was ublisl White fect pro ertuis to Corporate Park PUD, Ordinance No 01-59, as amended. The py g p sub p p y is located on Lot 25 of the White Lake Corporate Park- Phase II subdivision, in Section 35, Township 49 South, Range 26 East, Collier County, newspaper on dates listed. Florida. Affiant further says that the said Nar All interested parties are invited to appear and be heard. All materials used in News is a newspaper published at Naples, presentation before the Hearing Examiner will become a permanent part of the record. Collier County, Florida, and that the sc C pievewede t ftheport are vailable one week prior to the hearing. The file can newspaper has heretofore been continuous Horseshoe Drive,Naples,FL. Growth Management Division, 2800 North published in said Collier County, Floril The Hearing Examiners decision becomes final on the date rendered. If a person respect to any matter decision made by the Collier County Hearing Examiner with day and has been entered as second alas of respect proceeding,Band for considered purpose or hearing,he will need a record record of the purpose he may need to ensure that a verbatim matter a t the post office i n Naples, l n evidence upon which the appeal is to be based.which record includes the testimony and Collier County, Florida, for a period O If ate n person with a disability who needs any accommodation in order to next preceding the first publication of P P oceeding,you are entitled,at no cost to you,to the provision attached copy of advertisement • and aff of certain assistance. Please contact the Collier County Facilities Management Department located at 33tt Tamiami Trail East, Suite 101, Naples, Florida 34112- Depa(239)252-8380,at least tw days prior to the meeting. further says that he has neither paid n Mark Strain promised any person, firm or corporatio colliPrCoufyifeireride discount, rebate, commission or refund A,4 __ purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 07/07 AD SPACE: 84 LINE FILED ON: 07/07/14 4 AIW.-411 VOW Signature of Affiant 1 . 1j , Sworn to and Subscribed be, re me t' s� day of L _ _ � at 20 Personally known by me AA 1 , sir +%s • •. . CAROL POLIDORA c (T, :*_ MY COMMISSION#EE 851758 I t Nr =:rF�:.. EXPIRES:November 28,201 4 °,O Bonded Thru Pichard Insurance Agency HEX NO. 2014— 19 HEARING EXAMINER DECISION PETITION NO. ZVL—PL20140001300 — Bruce Duvall requests approval of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Laundry, Cleaning and Garment Service (SIC 7211-7219) is comparable in nature to other permitted uses in the Industrial Development Area under Section 3.2(a) of the White Lake Industrial Corporate Park PUD, Ordinance No. 01-59. The subject property is located on Lot 25 of the White Lake Corporate Park— Phase II subdivision, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. DATE OF HEARING: July 24, 2014 STAFF RECOMMENDATION: Approval. FINDINGS: 1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the Code of Laws and Ordinances, and Section 3.G.6. of the Administrative Code for Land Development. 2. Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.06.J of the Land Development Code has been met and the petition should be approved. ANALYSIS: Staff's recommendation referenced "indoor storage" as the use that was subject to this application. During the hearing this reference was corrected to reflect the applicant's request for "laundry, cleaning and garment services (SIC 7211-7219)" as the appropriate use that is comparable, compatible, and consistent in nature to the other uses in the PUD. DECISION: The Hearing Examiner hereby approves Petition No. ZVL—PL20140001300, filed by Patrick Vanasse, AICP of RWA, Inc., representing Bruce Duvall and Heritage Property Holdings, LLC, requesting approval of a zoning verification letter determining that the proposed use of Laundry, Cleaning and Garment Service (SIC 7211 — 7219) is comparable in nature to other permitted uses in the Industrial Development Area under Section 3.2(a) of the White Lake Industrial Corporate Park PUD, Ordinance No. 01-59, on the property described herein, and affirms staff's determinations as stated in the Zoning Verification Letter attached as Exhibit"A". [14-CPS-01348/1105596/1122 1 of 2 ATTACHMENTS: Exhibit A- Zoning Verification Letter ZVL—PL20140001300 LEGAL DESCRIPTION: Lot 25, WHITE LAKE CORPORATE PARK, PHASE TWO, according to the plat thereof, as recorded in Plat Book 40, Pages 12 through 14, of the Public Records of Collier County, Florida. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. -2Dt G Date M Strain, Hearing Examiner Approved as to form and legality: 4 C16 Heidi F.As ton-Cicko Managing Assistant County Attorney [14-CPS-01348/1105596/1122 2 of 2 Co Ter COH�t Exhibit "A" y Page 1 of f 2 Growth Management Division Planning & Zoning Department June 20, 2014 Mr. Patrick Vanasse RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 Re: Zoning Verification Letter ZVL-PL20140001300; White Lake Industrial Corporate Park Planned Unit Development (PUD), Folio Number: 81790002120 Dear Mr. Vanasse: Thank you for your request for Zoning Verification. The subject property is zoned PUD as noted above with the adoption of Ordinance Number: 01-59. You requested verification that Laundry, Cleaning and Garment Services (SIC 7211-7219) are permitted uses in the subject PUD. The subject site is governed by Section 3.2.A of the PUD, Principal Uses for the Industrial Development Area. In your application, you contend that it was the intent of the last PUD amendment to allow all the Laundry, Cleaning and Garment Service uses (SIC#7211-7219) in the "I" Tract of the PUD. You have also indicated that it is your belief that limiting Laundry, Cleaning and Garment Services to Industry Number 7219 was done inadvertently during the creation of the Commercial tract and the allocation of less intense uses to that tract. Based upon my review of the Land Development Code (LDC), I have determined that Industry Numbers 7213, 7214, 7217, 7218 and 7219 are listed as permitted uses in the Industrial Zoning District. In addition, the Industrial tract of the PUD permits business services (SIC #7312, 7313, 7334-7336, and 7342-7389) which are also listed as permitted uses in the C-4 and C-5 Zoning Districts of the LDC. Given that Permitted Use #36 as provided in the Industrial tract the currently approved PUD permits any other use which is comparable in nature to the specific uses listed as determined by the Planning & Zoning Director, it is my opinion that the proposal to allow all the Laundry, Cleaning and Garment Services (SIC #7211-7219) in the "I' Tract are uses that are comparable in nature to the uses in the "I"tract of the PUD. Staffs opinion, subject to affirmation by the Hearing Examiner, is that the proposed uses of Laundry, Cleaning and Garment Services (SIC #7211-7219) are comparable in nature to other uses in the subject PUD. Your request will be forwarded to the Hearing Examiner for affirmation of Staff's opinion. You will be apprised of the hearing date and advertising fees as soon as possible. Please note that Staff's opinion is not binding on the Hearing Examiner. Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net ZVL-PL20140001300 Exhibit "A" Page 2 of 2 Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code (LDC) and Growth Management Plan in effect as of this date. It is possible that subsequent amendments to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-4211 or Raybellows cr colliergov.net. Sincerely, ZziArerbd Raymond V. Bellows, Zoning Manager Department of Planning & Zoning cc: Annis Moxam, Addressing Section Laurie Beard, Commitment Tracking Court Reporter AGENDA-1'�EM 4-A Coen County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING: JULY 24, 2014 SUBJECT: ZVL-PL20140001300, WHITE LAKE INDUSTRIAL CORPORATE PARK PUD - COMPARABLE USE DETERMINATION PROPERTY OWNER/AGENT: Owner: Bruce Duvall 421 Gulfview Drive Naples, FL 34110 Agent: Patrick Vanasse, AICP RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, Fl 34109 REQUESTED ACTION: The Applicant wishes to have the Collier County Hearing Examiner (HEX) consider an application for a Planned Unit Development Comparable Use Determination (PUD-CUD) to permit the use of Laundry, Cleaning and Garment Services (SIC 7211-7219) are comparable to the permitted uses in permitted in Tract "I" of the White Lake Corporate Park PUD (Ordinance Number: 01-59,as amended). GEOGRAPHIC LOCATION: The subject site is 0.95± acres, platted as Lot 25 of the White Lake Corporate Park—Phase II subdivision as recorded in Plat Book 40, Pages 12-14) and is located at 3561 Plover Avenue. (See attached Zoning Map) ZVL-PL20140001300 Page 1 of 4 White Lake Industrial Corporate Park INT N in *` r// n 1-!. Y NNE UHF IIO.111YL PARK . wiriir b rw 4(44.,... 444 0 stir oiri _ T T 7 art, .NNr ���.�,. S1 31YALNNULN ' , 1CU9N[001NL COMM ....r I ....� I Zoning Map SURROUNDING LAND USE & ZONING: North: Water Management Lake and developed lots; zoned: White Lake Industrial Park PUD East: Developed lot zoned: White Lake Industrial Park PUD West: Developed lot zoned: White Lake Industrial Park PUD South: Plover Avenue and vacant land; zoned: White Lake Industrial Park PUD t t i1 i11." --s.' Ami rip it ..1 ! aiii i will, *. —NON ~ Aerial ZVL-PL20140001300 Page 2 of 4 White Lake Industrial Corporate Park PURPOSE/DESCRIPTION OF PROJECT: The Applicant has submitted a Zoning Verification Letter (ZVL) application for a Comparable Use Determination (see attached) requesting verification that a laundry, cleaning & garment service is a permitted use in the White Lake Industrial Corporate Park PUD (Ordinance 01-59). It should be noted that this PUD was originally rezoned from Agricultural to the White Lake Industrial Park PUD in 1993 with the adoption of Ordinance Number 93-1. This PUD listed Personal Services (SIC #7211-7219) as permitted uses. This PUD was subsequently amended in 2001 to divide the PUD into two tracts: an Industrial (I) tract as provided for in Section III of the PUD document and a Commercial (C)tract under Section IV of the PUD. Pursuant to the PUD amendment, Personal Services (SIC #7211-7219) were divided between the two tracts. The Industrial tract retained SIC #7219 - Laundry and Garment Services, Not Elsewhere Classified, while the Commercial tract allowed SIC #7211, 7215, 7216, except rug cleaning, 7221-7291, 7299 (only including car title and tag service, computer photography or portraits, costume rental, dress suit and tuxedo rental, electrolysis, hair weaving or replacement services and tanning salons.) ANALYSIS: The subject site is governed by Section 3.2.A of the PUD, Principal Uses for the Industrial Development Area. This tract specifically indicates that no building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the uses that are listed. The applicant contends in the application that it was the intent of the PUD amendment to allow all the Laundry, Cleaning and Garment Services (SIC #7211-7219) in the "I" Tract. The applicant also notes that it is their belief that limiting Laundry, Cleaning and Garment Services to Industry Number 7219 was done inadvertently during the creation of the Commercial tract and the allocation of less intense uses to that tract. Staff has also determined that Industry Numbers 7213, 7214, 7217, 7218 and 7219 are listed permitted uses in the Industrial Zoning District as provided for in the Land Development Code (LDC). In addition, the Industrial tract of the PUD permits business services (SIC #7312, 7313, 7334-7336, and 7342-7389) which are also listed as permitted uses in the C-4 and C-5 Zoning Districts of the LDC. Given that Permitted Use #36 as provided in the Industrial tract of the current PUD permits any other use which is comparable in nature to the specific uses listed as determined by the Planning Director, staff believes that the proposal to allow all the Laundry, Cleaning and Garment Services (SIC #7211-7219) in the "I" Tract are uses that are comparable in nature to the above referenced uses in the"I"tract of the PUD. ZVL-PL20140001300 Page 3 of 4 White Lake Industrial Corporate Park Staff's opinion, subject to affirmation by the Hearing Examiner, is that the proposed uses of Laundry, Cleaning and Garment Services (SIC 7211-7219) are comparable, compatible, and consistent in nature to other uses in the PUD. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition ZVL- PL201400001300 on June 25, 2014. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinion of the Planning & Zoning Director that the use of Indoor Storage is a comparable and compatible use in the Industrial section of the White Lake Corporate Park PUD. Attachments: A. Application. B. White Lake Corporate Park PUD(Ordinance Number: 01-59) C. Zoning Verification Letter PREPARED BY: RAY '4 ND V. BELLOWS DA E ZONING MANAGER REVIEWED BY MICHAEL BOSI, AICP, DIRECTOR DATE PLANNING AND ZONING DEPARTMENT ZVL-PL20140001300 Page 4 of 4 White Lake Industrial Corporate Park Co*er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 Zoning Verification Letter - PUD Comparable Use Determination LDC sections 2.03.00 A, 10.02.06 J & Code of Laws section 2-83—2-90 Chapter 3 G.6 of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Bruce Duvall Address: 421 Golfview Drive City: Naples State: FL ZIP: 34110 Telephone: Cell: Fax: E-Mail Address: Name of Agent: Patrick Vanasse, AICP Firm: RWA, Inc. Address: 6610 Willow Park Drive, Suite 200 City: Naples State: FL ZIP: 34109 Telephone: 239-597-0575 Cell: Fax: 239-597-0578 E-Mail Address: pvanasse @consult-rwa.com PROPERTY INFORMATION Site Address: 3561 Plover Ave. Folio Number: Property Owners Name: Bruce Duvall t Ob -lam DETERMINATION REQUEST The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: "I request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of is comparable and compatible with the permitted uses in the PUD." 10/18/2013 Page 1 of 2 Colier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County website) Determination request and the justification for the use _ n _ PUD Ordinance and Development Commitment information n n Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all ❑ ❑ I materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: • Application: $1,000.00; Additional Fees of$100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. E Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 All checks payable to:Board of County Commissioners The completed application, all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Patrick Vanasse, DydMey.aoy=amavaroue A:c= AICP ,,, '.p;iSeaaueA:DPC=RKAe.US 6/12/2014 Date 201406 12 IC 31 09-0,00' Applicant Signature Date Patrick Vanasse Printed Name Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility for the cost of correcting any unreported conditions. 10/18/2013 Page 2 of 2 ENGINEERING June 12,2014 Mr. Raymond V. Bellows, AICP Zoning Manager Department of Planning and Zoning Collier County 2800 N.Horseshoe Drive Naples,FL 34104 Subject: White Lake Corporate Park PUD Comparable Use Determination Dear Mr. Bellows: We are requesting a determination from you, as Zoning Manager, and approval from the Office of the Hearing Examiner, that Laundry,Cleaning and Garriient.Services-(S.I.C. 2711-2719) are comparable to and compatible with the permitted uses in the White Lake Corporate Park PUD. The White Lake Industrial Park PUD was rezoned from Agricultural to White Lake Industrial Park PUD in January of 1993. Section III — General Development Standards of Ordinance No. 93-1 allowed Personal Services (groups 7211 —7219) as permitted uses. In 2001, the PUD was amended under Ordinance No. 01-59 and renamed to White Lake Corporate Park PUD. This amendment was submitted by Dwight Nadeau, AICP formerly with RWA, Inc. The new ordinance divided the PUD into two tracts: an Industrial (I) tract under Section III of the PUD document and a Commercial(C)under Section IV. Pursuant to the PUP amendment, the Personal Services (Industry numbers 7211 — 7219) were divided between the two tracts. The Industrial tract retained Personal Services, Industry Number 7219—Laundry and Garment Services, not Elsewhere Classified, while the Commercial tract allowed Personal Services, Industry Numbers 7211, 7215, 7216 except rug cleaning, 7221-7291, and 7299, only including car title and tag service, computer photography or portraits, costume rental, dress suit and tuxedo rental, electrolysis(hair removal), hair weaving or replacement services, and tanning salons). In reviewing RWA, Inc. files, discussing the amendment with Dwight Nadeau and the project's master developer (Power Corporation), and reviewing County files, we believe that the intent was always to Laundry, Cleaning and Garment Services (7211-7219) in the"I"tract of the amended PUD. We be ieve that limiting Laundry, Cleaning and Garment Services to Industry Numberfii249 was done inadvertently during the creation of the Commercial tract and the allocation of less intense uses to that tract. While we understand the desire to limit the more intense laundry uses in the Commercial tract,we believe that the e: ,dustry&oug, ,Anclusive of 7211-7219 uses, should be allowed in the Industrial tract as Previously,approved by the original PUD Ordinance. 6610 Willow Park Drive Suite 200 Naples, FL 34109 I (239) 597-0575 I Fax (239) 597-0578 www.consult-rwa.com era The Applicant owns parcel 81790002120 located within the Industrial tract of the White Lake Corporate Park PUD. The parcel contains an existing, fully-enclosed building in which he would like to locate a commercial laundry facility that would provide services covered under Numbers 7211 -Power Laundries, Family and Commercial and 7213 - Linen Supply. These specific uses, as well as the other uses in this industry group, are comparable to and compatible with other uses within the Industrial tract of this PUD. The proposed uses are allowed by right in the County's Industrial zoning category. Moreover, 7211 uses are allowed by right in zoning districts C3-05. The proposed uses are less intense than many other industrial and manufacturing uses allowed within this PUD which may entail noise, outdoor storage, odors or more traffic. The location of this PUD, as well as the buffers and screening already in place, ensure compatibility with surrounding land uses. In conclusion, it is my professional planning opinion that a fully-enclosed facility that would provide "Power Laundry"or a"Linen Supply" services is comparable to the permitted and existing uses identified in the Industrial tract of the White Lake Corporate Park PUD, and it is compatible with the surrounding existing and allowable uses within the PUD as well as with properties adjacent to the PUD by virtue of separation, screening and buffering. Sincerely, RWA,Inc. Patrick Vanasse, AICP Director of Planning • Attachments: Application Form Property Appraiser Data Original and Amended PUD Ordinances Check in the amount of$1,925.00 CD with enclosed attachments cc Bruce Duval,Heritage Builders LLC File 140038.00.00 Page 2 of 2 K:\2014 1140038.00.00 White Lake Parcel-Heritage Builders.LLC\001 Comparable Use Determination Application&Support\Comparable Use Determination Letter(PV).docx Details Page 1 of 1 Print New Search Tax Bills Change of Address Property Summary I Property Detail Aerial II Sketches 1[ Trim Notices Parcel No. 81790002120 Site Adr. 3561 PLOVER AVE Os Name/Address HERITAGE PROP.HOLDINGS, LLC 421 GOLFVIEW DR City NAPLES State FL Zip 34110-1121 Map No. Strap No. Section Township Range Acres *Estimated 4635 712555 254B35 35 49 26 0.95 Legal WHITE LAKE CORPORATE PARK PHASE TWO LOT 25 Millage Area 0 60 Millage Rates 0 *Calculations Sub./Condo 712555 -WHITE LAKE CORPORATE PARK School Other Total Use Code 0 48 - WAREHOUSING, DISTRIBUTION 5.69 6.2427 11.9327 TERMINALS, TRU Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 190,000 05/18/12 4808-2769 $0 (+) Improved Value $0 09/06/11 4717-214 $ 155,000 10/27/09 4514-211 $ 0 (=) Market Value $ 190,000 04/11/06 4015-792 $ 562,200 (= Assessed Value $190,000 03/10/05 3750-1191 $ 0 (=) School Taxable Value $190,000 12/30/03 3481-1361 $ 270,100 (=) Taxable Value $ 190,000 V If all Values shown above equal 0 this parcel was created after the Final Tay Rnll http://www.collierappraiser.com/Main_Search/RecordDetail.html?FolioID=81790002120 6/12/2014 Details Page 1 of 1 Print New Search Tax Bills Change of Address i 1 1 Property Summary 1 Property Detail I Aerial 1 Sketches 11 Trim Notices 1 Parcel No. 81790002120 Site Adr. 3561 PLOVER AVE • ♦ 4 i ♦ r .4" .• --. - d t. - f '..11114,...... lity,.. T: .i ,dpi i ..k, :+. i ■ ,,,,it o ¢ ^111%, 1111114110140.4 ,1 f �. _• t Collier County.Property Appraiser, Naples, FL.6/12/201410:39.54 AM ,_ Open a GIS Window with More Features. http://www.collierappraiser.com/Main_Search/RecordDetail.html?FoliolD=81790002120 6/12/2014 Details Page 1 of 1 Print New Search Tax Bills Change of Address / Property Summary 1 I Property Detail [r Aerial Sketches Trim Notices l Parcel No. 81790002120 Site Adr. 3561 PLOVER AVE Name/Address HERITAGE PROP. HOLDINGS, LLC 421 GOLFVIEW DR City NAPLES State FL Zip 34110-1121 Permits Tax Issuer Permit# CO Date Tmp CO Final Bldg Type Yr Land Building/Extra Features # Calc Code Units # Year Built Description Area Adj Area 1 ACREAGE 0.95 METAL- 1 2013 STEEL 12560 12560 FRAME 2 2013 CONC P 325 325 3 2013 CONC BLK 306 306 WALL 4 2013 ASPH P 9000 9000 http://www.collierappraiser.com/MainSearch/RecordDetail.html?FolioID=81790002120 6/12/2014 MEN 77 T - TE T 11 .01 emnEVUro ' I « a 1::.., ' E n■ •a I s \n • Wel ' r I w¢EAeE iNOUSmu vAe. b� Y o 4/1444 $ y it** I 11 re. yer p OA E COMUEROAL CENTER art'0 '' II - - : If "r Rua V * ....,,v . MI E _ anr . . . eC)- A . 35 35 L\ . _. _\ j _ _ La KM BOULEVARD MOOR P D INDICATES SPECIAL TREATMENT OVERLAY a CO ,a 0410.,Lw�D. .,u«%D, EE,MN 04-41 04-41« , suewWSEN NCO ° ""e 'B " COLLIER COUNTY, FLORIDA rn i it, iI 0.111a COMMUNITY DEVELOPMENT DIVISION ay TWP 495 RNO 26E SEC(S) 35 50 1/3 MAP NUMBER: n it •,.E,• mn n L I 96355 ■ ORDINANCE NO.01- 59 too 910774 ; $ I► it AN ORDINANCE AMENDING ORDINANCE �► ♦ ; NUMBER 91-102, THE COLLIER COUNTY LAND tri '+ Z DEVELOPMENT CODE, WHICH INCLUDES THE $ o COMPREHENSIVE ZONING REGULATIONS FOR � � � THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9635S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WHITE LAKE INDUSTRIAL CORPORATE PARK PUD, FOR PROPERTY LOCATED NORTHEAST OF AND ADJACENT TO THE INTERSECTION I-75 AND COLLIER BOULEVARD (C.R. 951), IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 144.4+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 93-01,THE FORMER WHITE LAKE INDUSTRIAL PARK PUD; AND BY PROVIDING AN EFFECTIVE DATE. : r c n t WHEREAS, RWA, Inc., representing William T. Higgs, petitioned the Board g County Commissioners to change the zoning classification of the herein described real property. NOW THEREFORE BE IT ORDAINED BY THE BOARD O-, CQUNTY r;, crN COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: x- SECTION ONE: The zoning classification of the herein described real property located in Section 35,Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9635S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 93-01,known as the White Lake Industrial Park PUD,adopted on January 5, 1993 by the Board of County Commissioners of Collier County,is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. 1 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this day of 60.7 Et,2001. 0BOARD OF COUNTY COMMISSIONERS a r 1 r r E, ROOK,Clerk COLLIER COUNTY,FLORIDA 4 - Attist.. s M1nan'a 19414,0-ta !Os. BY: dr !��� J• ,r'S D.CARTER,Ph.D.,CHAIRMAN Approved as to Form and Legal Sufficiency This ordinance filed with the Secretary of t te's Offices e .a,Q Clay of -l- -y� A I and acknowledgement of that / r` fill received this day Marj ie M.Student of Assistant County Attorney By o.wry CIS G/admin/PUD-92-080 yCB/cw -2- WHITE LAKE CORPORATE PARK A PLANNED UNIT DEVELOPMENT • REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING WHITE LAKE CORPORATE PARK, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: WILLIAM T.HIGGS 2666 AIRPORT ROAD SOUTH NAPLES,FLORIDA 34112 PREPARED BY: RWA,INC. 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES,FLORIDA 34104 DATE REVIEWED BY CCPC 9/7/01 DATE APPROVED BY BCC /o/j/0/ ORDINANCE NUMBER 2o0%5, AMENDMENTS AND REPEAL ?.'J-o/ Exhibit"A" rue Lee-f/.41I910 r,ye.n,,i,VP..L..Rr PP...Ur Develop..ne.r.V..rrr r r TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance ii Section I Legal Description,Property Ownership and General Description I-1 Section II Project Development II-1 Section III Industrial Development Standards lII-1 Section IV Commercial Area Development Standards IV-1 Section V Development Commitments V-1 LIST OF EXHIBITS AND TABLES EXHIBIT A PUD MASTER PLAN TABLE I PROJECT LAND USE TRACTS STATEMENT OF COMPLIANCE The development of approximately 144.4 acres of property in Collier County as a Planned Unit Development to be known as White Lake Corporate Park is in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The facilities and improvements within the White Lake Corporate Park PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property proposed for development is within the Interchange Activity Center Subdistrict, and the Industrial District as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. 2. The subject property is located in Activity Center #9. The land uses, and land use intensities proposed are consistent with the Future Land Use Element of the Collier County Growth Management Plan. 3. Development of the White Lake Corporate Park PUD shall be consistent with the Activity Center#9 Interchange Master Plan. 4. The subject property is located in the northeast quadrant of the I-75/Collier Boulevard Interchange. This strategic location allows the site superior access for the placement of commercial and industrial/business park activities. 5. The project is a mixed-use development located within a designated Activity Center, therefore, the proposed commercial, and industrial park land uses are consistent with the Future Land Use Element of the Collier County Growth Management Plan. 6. The development will be compatible with and complementary to existing and planned surrounding land uses. 7. The development of the White Lake Corporate Park PUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. 8. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 9. The White Lake Corporate Park PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 10. All final Development Orders within the White Lake Corporate Park PUD are subject to the Collier County Concutrency Management System, as implemented by the Adequate Public Facilities Ordinance. ii SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property,and to describe the existing conditions of the property proposed to be developed under the project name of the White Lake Corporate Park PUD. 1.2 LEGAL DESCRIPTION Description of the South /2 of Section 35 lying North and East of I-75 Right-of-Way and bounded on the East by monumented and occupied line. All that part of Section 35,Township 49 South,Range 26 East,Collier County,Florida and being described as follows: Commencing at the West V.Section corner of said Section 35; thence along the East and West V.Section line of said Section 35,North 89°-00-01"East 401.67 feet to the Easterly Right-of-Way line of 1-75 and the POINT OF BEGINNING of the parcel herein described; thence along the Right-of-Way line of said 1-75 the following seven(7)courses: (1) South 43°-47'-54"East 222.17 feet; (2) South 46°-47'-05"East 308.10 feet; (3) Southeasterly 1047.59 feet along the arc of a circular curve concave to the northeast,having a radius of 2700.79 feet and being subtended by a chord which bears South 57°-53'-50"East 1041.03 feet; (4) South 69°-00-33"East 516.30 feet; (5) South 73°-00'-33"East 2839.52 feet; (6) Southeasterly 411.28 feet along the arc of a circular curve concave to the Northeast, having a radius of 1492.89 feet and being subtended by a chord which bears south 80°-54'-53"East 409.98 feet to a point of reverse curvature; (7) Easterly 22.49 feet along the arc of a circular curve concave to the South, having a radius of 1562.89 feet and being subtended by a chord which bears South 88°-22'-53"East 22.49 feet to the East line of said Section 35; Thence leaving said I-75 Right-of-Way continue along said East line of Section 35, North 1°-57'-08"West 2089.96 feet to the East%,section corner of said Section 35; Thence along the East and West V.Section line of said Section 35,South 89°-00'- 00"West 4814.62 feet to the Point of Beginning of the parcel herein described; subject to a Florida Power and Light Company easement as recorded in O.R.Book 681,pages 1214-1215,Collier County,Florida;also subject to other easements and restrictions or record;containing 144.4 acres of land more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the unified ownership of William T. Higgs, 2666 Airport Road South,Naples,Florida 34112. I-1 1.4 PHYSICAL DESCRIPTION A. This project is located Northeast of and adjacent to the intersection of Interstate I-75 and County Road 951 in the South 1/2 of Section 35, Township 49 South, Range 26 East,Collier County,Florida. B. The zoning classification of the subject property is Planned Unit Development(PUD). C. The project site is within the South Florida Water Management District,Main Golden Gate Basin. D. Water management facilities for the proposed project are planned to be of the lake detention type. E. Elevations within the project site range from 8.2 to 12.9 feet above mean sea level. Most of the area,however,falls within the 9.5 to 12.0 feet of elevation category. F. The site is located in Flood Zone X according to FIRM Map,panel 425 of 1125,Collier County,Florida. G. The soil types on the subject property include Pineda fine sand, limestone substratum (approximately 13%) and Boca fine sand (approximately 55%). The remainder of the site(approximately 32%)consists of a lake. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service)in March, 1954. H. The property was historically utilized as an earth mining operation. Presently, the property is being developed in accordance with Section 3.2 and Section 4.2 of the former White Lake Corporate Park PUD. 1.5 PROJECT DESCRIPTION The White Lake Corporate Park PUD shall be a mixed-use development, with a small commercial development opportunity located west of the FP&L easement on the White Lake Boulevard frontage, and the industrial development opportunity will remain over the balance of the PUD property. The commercial component of the development is limited to 96,165 square feet of gross leasable floor area,and will be located on a 7.85±acre parcel. The commercial land uses proposed are those typically associated with major interchanges, including, but not limited to, convenience stores with gas pumps, restaurants, fast-food and/or sit-down dining,and banks. The industrial/office park development is limited only by the land area available on the east side of the FP&L easement 1.6 SHORT TITLE This Ordinance shall be known and cited as the"White Lake Corporate Park Planned Unit Development Ordinance". 1-2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development,relationships to applicable County ordinances,the respective land uses of the tracts included in the White Lake Corporate Park PUD development, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the White Lake Corporate Park PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other,applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the White Lake Corporate Park PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless modified,waived or excepted by this PUD,the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land that comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities,of the County Land Development Code,at the earliest or next to occur of either Final Site Development Plan,Final Plat approval,or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land for the various tracts is illustrated graphically by Exhibit "A", PUD Master Plan. There will be two land use tracts, portions of which may include water management lakes or facilities,and private street rights-of-way,the general configuration of which is also illustrated by Exhibit"A". II-1 TABLE I PROJECT LAND USE TRACTS TYPE ACREAGE± TRACT"I" INDUSTRIAL 136.5 TRACT"C" COMMERCIAL 7.8 B. Areas within the PUD may be excavated and constructed as lakes or, upon approval, may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Minor modification to all tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary(utility,private,semi-private)shall be established within or along the various tracts as may be necessary. 2.4 DEVELOPMENT SCHEDULE The intent of the Developer is to proceed with and complete the subdivision process for the final phase of development and to construct the infrastructure improvement as soon as all necessary permits are received. Individual lots will then be sold to prospective end-users for development. Build-out is estimated to occur in the year 2002. 2.5 OPEN SPACE A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space in accordance with the Section 2.6.32.3. of the Collier County Land Development Code. This requirement shall not apply to individual development parcels. Of the project's total 144.4±acres, the following acreages represent 38%of the total site, all contributing to open space. Lake: 36.6±Ac. Wetland Conservation Area: 9.3±Ac. Native Landscaping: 6.9±Ac. FPL Easement: 3.0±Ac. 2.6 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat for all or part of the PUD,final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Development Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. II-2 B. Exhibit"A",PUD Master Plan,constitutes the required PUD Development Plan. If required, a preliminary subdivision plat shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code,and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts,or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for commercial or industrial development contemplating fee simple ownership of land for each commercial or industrial unit or parcel, shall be required to submit and receive approval of a preliminary subdivision plat,in conformance with the requirements of Division 3.2 of the Collier County Land Development Code, prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.7 LAKE SETBACK AND EXCAVATIONS Should lakes be excavated, the lake setback requirements described in Section 3.5.7.1 of the Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code, however, removal of fill from the White Lake Corporate Park PUD shall be limited to an amount up to ten percent(10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. 2.8 USE OF RIGHTS-OF-WAY All platted project streets shall be private and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee,for engineering and safety considerations prior to installation. 2.9 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit"A", as provided for in Section 2.7.3.5.of the Collier County Land Development Code. Minor changes and refinements as described in Section 5.3.C.of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. I1-3 2.10 DEDICATION AND MAINTENANCE OF COMMON AREAS&FACILITIES Easements shall be provided for water management areas,rights-of-way,utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the White Lake Corporate Park PUD. Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within the White Lake Corporate Park PUD, the developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. 2.11 FILL STORAGE Notwithstanding the provisions of Section 3.2.8.3.6. of the Collier County Land Development Code, fill storage is generally permitted as a principal use throughout the White Lake Corporate Park PUD. Fill material generated may be stockpiled within areas designated for development. Prior to stockpiling in these locations,a Vegetation Removal and Site Filling Permit,along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope:3:1 B. Stockpile maximum height:thirty-five(35)feet C Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than four feet over development areas that are depicted on an approved Site Development Plan, no fencing is required. D. Soil erosion control shall be provided in accordance with Division 3.7 of the Land Development Code. E. Fill storage shall not be permitted in Preserve Areas. 2.12 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the White Lake Corporate Park PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.13 NATIVE VEGETATION RETENTION REQUIREMENTS White Lake Corporate Park PUD will be consistent with Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, by adhering to the provisions of Section 3.9.5.5.3 of the Collier County Land Development Code. 11-4 2.14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3.of the Land Development Code,upon adoption of the PUD Ordinance and attendant PUD Master Plan,the provisions of the PUD document become a part of the Land Development Code and shall be the standards of development for the PUD. Thenceforth,development in the area delineated as the White Lake Corporate Park PUD District on the Official Zoning Map will be governed by the adopted development regulations, PUD Master Plan, and all applicable provisions of the Collier County Land Development Code. 2.15 ARCHITECTURAL DESIGN GUIDELINES AND STANDARDS Commercial land uses shall comply with the provisions of Section 2.8.3. of the Land Development Code. Land uses proposed adjacent to the White Lake Boulevard Right-of- Way, visible from the I-75 travel lanes, shall comply with the applicable architectural design guidelines set forth in Division 2.8 of the Land Development Code,and may request alternative architectural design standards as provided in, and in accordance with, the provisions of Section 2.8.2.5 of the Land Development Code. Alternative standards shall be evaluated for their consistency with the purpose and intent of the Activity Center #9 Interchange Master Plan. The purpose of the architectural guidelines and standards is to provide a pleasing visual experience from the I-75 corridor in an effort to create a gateway into Naples and Collier County, thereby advancing the purpose of the Activity Center#9 Interchange Master Plan. At such time as Collier County adopts design standards for the Activity Center#9 Interchange Master Plan,those standards shall apply to this PUD. 11-5 SECTION III INDUSTRIAL DEVELOPMENT AREA 3.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract"I",Industrial Development Area on Exhibit"A",PUD Master Plan. 3.2 USES PERMITTED No building or structure, or part thereof,shall be erected, altered or used,or land used, in whole or in part,for other than the following: A. Principal Usest: 1) Agricultural related services(Industry Numbers 0711-0724,0761,0782,and 0783); 2) Apparel and other finished products as defined under Major Group 23; 3) Automotive repair,services,and parking as defined in Major Group 75; 4) Building construction as defined under Major Group 15; 5) Business services (Industry Numbers 73f'2"` 13, 7319, 7334-7336, and 7342-7389); 6) Communications as defined under Major Group 48; 7) Construction—special trade contractors as defined under Major Group 17; 8) Eating and drinking places(Industry Number 5812); 9) Educational services(Industry Numbers 8243-8249); 10) Electronic and other electrical equipment and components,except computer equipment as defined under Major Group 36; 11) Engineering, accounting, research, management, and related services (Industry Numbers 8711-8733); 12) Fabricated metal products, except machinery and transportation equipment (Industry Numbers 3411-3479,and 3499); 13) Food and kindred products (Industry Numbers 2011-2099). Slaughtering Plants of any kind are prohibited; 14) Furniture and fixtures as defined under Major Group 25; 15) Heavy construction other than building construction-contractors as defined under Major Group 16; 111-2 Reference Executive Office of the President,Office of Management and Budget,Standard Industrial Classification Manual,1987 Edition. 16) Industrial and commercial machinery and computer equipment as defined under Major Group 35; 17) Leather and leather products(Industry Numbers 3131-3199); 18) Local,and suburban transit and interurban highway passenger transportation as defined under Major Group 41; 19) Lumber and wood products(Industry Numbers 2426,2431-2499); 20) Measuring, analyzing, and controlling instruments; photographic, medical and optical goods;watches and clocks as defined under Major Group 38; 21) Membership organizations(Industry Numbers 8611 and 8631); 22) Miscellaneous manufacturing industries as defined under Major Group 39; 23) Miscellaneous repair services(Industry Number 7692); 24) Motor freight transportation and warehousing (Industry Numbers 4212 - 4226); 25) Paper and allied products(Industry Numbers 2652-2679); 26) Personal services(Industry Number 7219); 27) Printing,publishing,and allied industries as defined under Major Group 27; 28) Rubber and miscellaneous plastics(Industry Numbers 3021-3089); 29) Stone, glass, and concrete products (Industry Numbers 3211, 3251-3273, and 3281); 30) Textile mill products(Industry Numbers 2211,2221,2241,2251-2259,and 2273-2299); 31) Transportation equipment (Industry Numbers 3714, 3716, 3728, 3732, 3751,3769,3792,and 3799); 32) Transportation services(Industry Numbers 4731,and 4783); 33) United States Postal Service as defined under Major Group 43; 34) Wholesale trade-durable goods (Industry Numbers 5012-5014, 5021-5049, 5063-5088,5091,5092 and 5094); 35) Wholesale trade-nondurable goods (Industry Numbers 5111-5159, 5181, 5182,and 5199); 36) Any other use which is comparable in nature to the foregoing land uses as determined by the Collier County Planning Services Director. III-3 B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures,including,but not limited to: 1) Parking facilities; 2) Customary accessory and incidental uses and structures associated with permitted principal uses of this PUD; 3) Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than twenty percent(20%)of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. 3.3 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Front yard setbacks shall be measured from back of curb or edge of pavement,whichever is closer to the structure. B. MINIMUM LOT AREA:20,000 square feet. C. AVERAGE LOT WIDTH: 100 feet. D. MINIMUM YARDS: 1) Front Yard:50 feet; 2) Side Yard:20 feet; 3) Rear Yard: 15 feet; 4) Waterfront:25 feet; 4) Yards abutting off-site residential land uses:50 feet; 5) Parcels with two frontages may reduce one front yard by 10 feet. E. MINIMUM DISTANCE BETWEEN STRUCTURES: Placement of structures shall be in compliance with NFPA standards for fire safety, with no less than 10 feet of separation. F. MAXIMUM HEIGHT:50 feet. G. MINIMUM FLOOR AREA: 1,000 square feet. H. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. III-4 OUTSIDE STORAGE: Outside storage of manufactured products,raw or finished materials,or vehicles other than passenger vehicles is permitted in this PUD subject to the provision of screening with a fence at least 7 feet in height above ground level from all adjacent or abutting residentially zoned or developed land. Said fence or wall shall be opaque in design,and made of masonry,wood,or other materials approved by the Collier County Planning Services Director. III-5 SECTION IV COMMERCIAL DEVELOPMENT AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract"C",Commercial Development Area on Exhibit"A",PUD Master Plan. 4.2 MAXIMUM COMMERCIAL SQUARE FEET The 7.85± acre Commercial Development Area(Tract "C"), shall not be developed with more than 96,165 square feet of commercial uses. Should a hotel or motel be proposed,a commensurate amount of commercial development opportunity shall be lost, based on a comparison of average annual daily trip generations. 4.3 USES PERMITTED No building or structure, or part thereof,shall be erected,altered or used,or land used, in whole or in part,for other than the following: A. Principal Uses': 1) Apparel and accessory stores as defined under Major Group 56; 2) Automotive dealers and gasoline service stations (Industry Numbers 5531, and 5541); 3) Building materials, hardware, and garden supply(Industry Numbers 5211- 5261); 4) Business services(Industry Numbers 7311,7334,and 7371); 5) Carwashes(Industry Number 7542); 6) Eating and drinking places as defined under Major Group 58; 7) Engineering,accounting,research,and management(Numbers 8711 with no outside equipment storage, 8712 with no outside equipment storage, 8721, 8732,8742,8743,and 8748); 8) Finance, insurance, and real estate as defined under Major Groups 60, 61, 62,63,64,65,and 67; 9) Food stores as defined under Major Group 54; 10) General merchandise stores as defined under Major Group 53; 11) Government offices as defined under Major Group 91; IV- Reference Executive Office of the President,Office of Management and Budget,Standard Industrial Classification Manual,1987 Edition. 12) Home furniture, furnishings, and equipment stores as defined under Major Group 57; 13) Hotels or motels(Industry Number 7011). No more than 150 rooms shall be permitted; 14) Legal services as defined under Major Group 81; 15) Miscellaneous retail as defined under Major Group 59, not including Industry Numbers 5932, 5961, 5983=5989, and not including the retail sale of fireworks; 16) Motion pictures as defined under Major Group 78; 17) Personal services(Industry Numbers 7211,7215,7216 except rug cleaning, 7221-7291, and 7299, only including car title and tag service, computer photography or portraits, costume rental, dress suit and tuxedo rental, electrolysis (hair removal), hair weaving or replacement service, and tanning salons). B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures,including,but not limited to: 1) Parking facilities; 2) One caretaker's residence. 4.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines,or between structures. Front yard setbacks shall be measured from back of curb or edge of pavement,whichever is closer to the structure. B. MINIMUM LOT AREA: 10,000 square feet. C. AVERAGE LOT WIDTH: 100 feet. D. MINIMUM YARDS(INTERNAL): 1) Front Yard: 25 feet, or one-half of the building height as measured from each exterior wall,whichever is greater; 2) Side Yard: 10 feet; 3) Rear Yard:One-half of the building height; 4) Parcels with two frontages may reduce one front yard by 10 feet. E. MINIMUM DISTANCE BETWEEN STRUCTURES: Placement of structures shall be in compliance with NFPA standards for fire safety, with no less than 10 feet of separation. F. MAXIMUM HEIGHT:50 feet. IV-2 G. MINIMUM FLOOR AREA: 1,000 square feet per principal structure,on the first finished floor. H. MAXIMUM GROSS LEASABLE FLOOR AREA: 96,165 square feet. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. J. OUTSIDE STORAGE AND DISPLAY: Outside storage and display is prohibited in Tract C as depicted on Exhibit "A", PUD Master Plan,with the exception of garden centers. K. CARETAKER'S RESIDENCE: One (1) caretaker's residence shall be permitted for the commercial development area,subject to the following: 1) The residence shall be constructed as an integral part of the shopping center or one of the commercial buildings, and shall be entered from within that structure. Exits that comply with fire codes shall be permitted. 2) The caretakers' residence shall be an accessory use, and shall be for the exclusive use of the property owner,tenant, or designated employee operating or maintaining the shopping center or commercial facilities. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. Parking for the caretaker's residences shall be in addition to any other required parking facilities. IV-3 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise,the standards and specifications of the Land Development Code,Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Development Plan and the regulations of the PUD as adopted,and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition,any successor or assignee in title to the developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a master association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 5.3 PUD MASTER DEVELOPMENT PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract,lot or land use boundaries,or special land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase such as fmal platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code,amendments may be made from time to time. B. All necessary easements,dedications,or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the White Lake Corporate Park PUD Master Plan upon written request of the developer. 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the White Lake Corporate Park PUD document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. V-1 c. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, aria preserve areas within, or external to the PUD boundaries. 2) The following shall be considered minor changes or refinements,subject to the limitations of Subsection 5.3.C.1)of this document: a. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in preserve area. b. Reconfiguration of lakes, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of vehicular circulation patterns. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County ordinances and regulations prior to the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval,however, the Administrator's, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. B. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. 5.5 TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. The developer shall maintain joint/shared access with the adjacent property (Citygate PUD),via White Lake Boulevard. B. The petitioner shall provide left turn lanes and arterial level street lighting at all project entrances, if deemed warranted by Collier County. The turn lanes and arterial level street lighting shall be provided when requested by the County. C. The petitioner shall be responsible for a fair share contribution of the site related roadway improvements at the Collier Boulevard/White Lake Boulevard intersection, which has been determined to be $118,850.00, and shall be paid to Collier County on or before October I,2001. V-2 4 • 5.6 ENGINEERING The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction with the submitted plans is granted by Engineering Review Services. B. The internal right-of-way cross-section shall be in accordance with the typical section depicted on Exhibit"A",PUD Master Plan. C. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. D. Work within Collier County right-of-way shall meet the requirements of Collier County Right-Of-Way Ordinance 82-91. E. The project shall be platted in accordance with the Collier County Land Development Code to define the right-of-way, tracts, and easements as shown on the Master Plan. 5.7 WATER MANAGEMENT The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. A copy of the South Florida Water Management District(SFWMD)Surface Water Permit Application shall de sent to Collict County Development Services with the Subdivision Plat and Construction Plan and/or SDP submittal. A copy of the approval of this SFWMD Surface Water Permit shall be submitted prior to Site Development Plan approval. B. All requirements of Excavation Permit No. 59.133 shall be complied with. If an annual report is not filed, the excavation permit will be considered void in accordance with the Land Development Code and a complete resubmission will be necessary. 5.8 UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed,owned and maintained in accordance with Collier County Ordinance No. 97-17,as amended,and other applicable County rules and regulations. V-3 B. The on-site water distribution system to serve the project must be connected to the District's water main consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall be eliminated by looping the internal pipeline network; 2. Stubs for future system interconnection with adjacent properties shall be provided to the east property line of the project, at locations to be mutually agreed to by the County and the Developer during the design phase of the project; 2. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing into the County's sewerage system is transmitted by one (1) main on-site pump station. The developer's engineer shall meet with the County staff prior to commencing preparation of construction drawings,so that all aspects of the sewerage system design can be coordinated with the County's Sewer Master Pian; 3. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required,if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands for the project, and the District's existing committed capacity. 5.9 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A Wetland preserve/conservation areas shall be surveyed prior to construction plan/plat approval. A conservation easement similar to or as per Chapter 704.06 Florida Statutes shall be created and indicated on the plat,and shall be recorded in the Public Records of Collier County. B. All State and Federal permits that may affect the design of this project shall be submitted to Engineering Review Services prior to final subdivision plat approval. C. The use of native species in landscape plans shall be in accordance with Section 2.4.4.1 of the Collier County Land Development Code. D. Prohibited exotic vegetation removal shall be performed in accordance with Section 3.9.6.6 of the Collier County Land Development Code. E. Pursuant to Section 2.2.25.8.1.of the Land Development Code,if during the course of site clearing,excavation or other construction activity a historic artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. F. The mitigation plan for the preserve and buffer areas is provided in the Environmental Impact Statement. V-4 G. The PUD Master Plan provides 4.9 acres of conservation area on-site. An additional 6.9 acres of native landscaping will be planted on site,and 0.3 acres of littoral vegetation will be restored along the entire lake bank where it abuts the conservation area. Mitigation planting within conservation areas, buffers and lake littoral zones shall be completed prior to preliminary acceptance of the next phase of the development. 5.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with, or following the construction of the principal structure, except for a construction site office that may be constructed prior to commencement of infrastructure construction. 5.11 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code,and the Activity Center#9 Interchange Master Plan. 5.12 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the White Lake Corporate Park PUD,except in preserve areas. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1) Grassed berms 3:1 2) Ground covered berms 3:1 3) Rip-Rap berms 1:1 4) Structural walled berms may be vertical. B. Fencing materials shall be of either wood,masonry or similar material, except an eight (8) foot high unified, opaque, modular concrete fence/wall shall be constructed along White Lake Boulevard associated with Tract "I". A type "D" landscape buffer shall be placed along the street side of said fence/wall. The fence/wall shall be located a minimum of five (5) feet from the White Lake Boulevard right-of-way. Construction of the fence/wall shall occur prior to or concurrently with building construction on each parcel. D. Fence or wall maximum height:9 feet,as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm. In these cases,the fence or wall shall not exceed 6 feet in height from the top of berm elevation with an average side slope of greater than 4:1 (i.e. 3:1,2:1, 1:1,or vertical). D. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas in accordance with Division 2.4 of the Land Development Code. 5.13 LANDSCAPING FOR OFF-STREET PARKING AREAS Except where provided for elsewhere in this document, all landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code,and the Activity Center#9 Interchange Master Plan. V-5 II qui! ,. In ...1 1"-•eb'11-. 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BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of : ORDINANCE NO. 2001-59 Which was adopted by the Board of County Commissioners on the 23rd day of October, 2001, during Regular Session. WITNESS my hand and the official seal of the Board lof County Commissioners of Collier County, Florida, this 24tYd 7 of October, 2001. ( r%)r "m, Cr}-• lfJ r-i c n '' 7. DWIGHT E. BROCK, ,'L Clerk of Courts idr J J' Ex-officio to' '$ pf• '•b _ ^ County Commi4si(� e2 == ' ,N,04ituti:;)t eVk • By:Teri Mich& '] y). Deputy Clerk':; Co per Co-t4.Hty Growth Management Division Planning & Zoning Department June 20, 2014 I Mr. Patrick Vanasse RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 Re: Zoning Verification Letter ZVL-PL20140001300; White Lake Industrial Corporate Park Planned Unit Development (PUD), Folio Number. 81790002120 Dear Mr. Vanasse: Thank you for your request for Zoning Verification. The subject property is zoned PUD as noted above with the adoption of Ordinance Number: 01-59. You requested verification that Laundry, Cleaning and Garment Services (SIC 7211-7219) are permitted uses in the subject PUD. The subject site is governed by Section 3.2.A of the PUD, Principal Uses for the Industrial Development Area. In your application, you contend that it was the intent of the last PUD amendment to allow all the Laundry, Cleaning and Garment Service uses (SIC #7211-7219) in the "I"Tract of the PUD. You have also indicated that it is your belief that limiting Laundry, Cleaning and Garment Services to Industry Number 7219 was done inadvertently during the creation of the Commercial tract and the allocation of less intense uses to that tract. Based upon my review of the Land Development Code (LDC), I have determined that Industry Numbers 7213, 7214, 7217, 7218 and 7219 are listed as permitted uses in the Industrial Zoning District. In addition, the Industrial tract of the PUD permits business services (SIC #7312, 7313, 7334-7336, and 7342-7389) which are also listed as permitted uses in the C-4 and C-5 Zoning Districts of the LDC. Given that Permitted Use #36 as provided in the Industrial tract the currently approved PUD permits any other use which is comparable in nature to the specific uses listed as determined by the Planning & Zoning Director, it is my opinion that the proposal to allow all the Laundry, Cleaning and Garment Services (SIC #7211-7219) in the "I" Tract are uses that are comparable in nature to the uses in the "I" tract of the PUD. Staffs opinion, subject to affirmation by the Hearing Examiner, is that the proposed uses of Laundry, Cleaning and Garment Services (SIC #7211-7219) are comparable in nature to other uses in the subject PUD. Your request will be forwarded to the Hearing Examiner for affirmation of Staffs opinion. You will be apprised of the hearing date and advertising fees as soon as possible. Please note that Staffs opinion is not binding on the Hearing Examiner. (.0 • •-#4 @4`4' Planning&Zoning Department•2800 North Horseshoe Drive• Naples,FL 34104•239-252-2400•www.colliergov.net ZVL-PL20140001300 Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code (LDC) and Growth Management Plan in effect as of this date. It is possible that subsequent amendments to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-4211 or RaybellowsCa�colliergov.net. Sincerely, Raymond V. Bellows, Zoning Manager Department of Planning &Zoning cc: Annis Moxam, Addressing Section Laurie Beard, Commitment Tracking 14D * Monday.JuLy7,2014yl NAPLES DAILY NEWS Le gals Le a s NOTICE OF MEETING NOTICE OF MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.on Thursday,July 24,2014 in the Hearing Examiner's Meeting Room (Room 609/610) at 2800 North Horseshoe Drive, Naples, FL 34104 to consider: PETITION NO. ZVL-PL20140001300 - Robert Duvall requests approval of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Laun- dry,Cleaning and Garment Service(SIC 7211-7219)is comparable in nature to other permitted uses in the Industrial Development Area under Section 3.2(a) of the White Lake Industrial Corporate Park PUD, Ordinance No. 01-59, as amended. The subject property is located on Lot 25 of the White Lake Corporate Park-Phase II subdivision,in Section 35, Township 49 South, Range 26 East, Collier County, Florida. All interested parties are invited'to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of the staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner 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 Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County,Florida July 7 2014 No 2030004