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HEX Agenda 10/23/2014 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA OCTOBER 23, 2014 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,OCTOBER 23,2014 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 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. PDI-PL20140001221 — Petitioner, Mercato Residences LLC, requests an insubstantial change to Ordinance No. 05-58, the Mercato Mixed Use Planned Unit Development ("MPUD"), to revise the development standards for zero lot line units in the "R" Residential Development Areas including a reduction in the minimum building separation to ten feet; to add Exhibit G, Residential Street Cross Section and to add deviations to reduce the 60-foot local road to a 24-foot access easement and to allow windows along portions of the principal building that is on the zero setback line. The subject property consists of 53± acres of land located at the northeast corner of Vanderbilt Beach Road and Tamiami Trail North in Section 34,Township 48 South, Range 25 East,Collier County, Florida. [Kay Deselem,AICP, Principal Planner] ............... B. PETITION NO. PUD-CUD—PL20140001769 — Mathworks Tutoring LLC requests affirmation 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 Tutoring (Sic Code 8299) is comparable in nature to other permitted uses for commercial development in the Activity Center District under Section 6.3 of the Pelican Strand Planned Unit Development,Ordinance No. 02-57. The subject property is located at the northeast corner of Immokalee Road and Strand Boulevard in Section 19, Township 48 South, Range 26 East, Collier County, Florida. [Nancy Gundlach,AICP, PLA, Principal Planner] C. PETITION NO. SV-PL20140001193—Aster at Lely Apartments,LLC requests a variance from Section 5.06.02.B of the Land Development Code to allow up to 60 square feet of combined copy area on the shared use monument sign for property located at the southwest corner of Collier Boulevard and Lely Cultural Parkway in the Lely Resort PUD in Section 22, Township 50 South, Range 26 East,Collier County,Florida. [Nancy Gundlach,A1CP, PLA, Principal Planner] D. PETITION NO. BD-PL20140000455 — James and Rhonda Kabcenell request approval to construct a tiki hut on an existing single-family boat dock, for a total protrusion of 18.6 feet into the waterway, not to exceed the 20-foot limitation for covered dock structures in LDC Section 5.03.06, for the benefit of Lot 29, Block C, Conner's Vanderbilt Beach Estates, Unit No. 1 subdivision, also described as 290 Channel Drive in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Fred Reischl,AICP,Principal Planner] E. PETITION NO. DRD-PL20130002373 — 7-Eleven, Inc. requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief from LDC Section 5.05.05.B.1 "Table of Site Design Requirements", which requires a front yard of 50 feet for Automobile Service Stations,to instead allow a front yard of 25 feet. The subject property is located on the east side of Tamiami Trail North (US Highway 41) at the intersection of Granada Boulevard in Section 15,Township 49 South, Range 25 East,Collier County, Florida. [Coordinator: Fred Reischl,AICP, Principal Planner] 3. OTHER BUSINESS 4. ADJOURN AGENDA ITEM 4-A Cot tier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION,PLANNING AND REGULATION HEARING DATE: OCTOBER 23,2014 SUBJECT: PDI-PL20140001221,MERCATO PUD PROPERTY OWNER/APPLICANT: AGENT:, Mercato Residences LLC D. Wayne Arnold, AICP 4200 Gulf Shore Boulevard North Q. Grady Minor and Assoc.,P.A. Naples,FL 34103 3800 Via Del Rey Bonita Springs, FL 34134 REOUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Mercato PUD to approve two deviations and change the property development regulations to accommodate a different product type. GEOGRAPHIC LOCATION: The subject property consists of 53± acres of land located at the northeast corner of Vanderbilt Beach Road and Tamiami Trail North in Section 34, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the following page.) PURPOSE/DESCRIPTION OF TEXT CHANGES: The applicant's agent has offered the following explanation of this petition: The Mercato MPUD was approved November 15, 2005 as PUD ordinance 2005-58. Site development plans for multi family housing was approved, and site infrastructure including lakes, roads and utilities have been constructed on the residential tract of the project. The original developer did not construct the approved multi family buildings and the new owner desires to develop another product type permitted in the PUD in order to respond to current market conditions. PDI-PL20140001221,Mercato PUD Page 1 of 6 October 23,2014 Hearing Examiner Last Revised: September 23,2014 Because of the constraints of the existing infrastructure, it is necessary for the current developer to mod the development standards for building separation in order to develop the new residential product type. The proposed zero lot line units where a reduction in building separation is requested adjacent to Pelican Marsh PUD are limited to 1-story and 2-story unit types. The 10' separation is the minimum separation necessary to develop with the new product type and mix of dwelling units. A conceptual plan for the product type and building configuration has been enclosed in order to demonstrate the proposed development scenario for this tract. The proposed changes to the PUD to support the conceptual site design are minor in nature and will create no external impacts to the adjoining properties external to the Mercato MPUD. The minor changes are internally consistent with the Mercato MPUD and the proposed revisions have been discussed with and approved by the owner of the adjacent mixed use tract of PUD. A deviation is also being requested from the 60'ROW typical street section to allow a 24' wide access easement to serve the residential component of the PUD. A deviation has been requested to permit zero lot line product types to have windows on the zero lot line side of the buildings. ANALYSIS: The petitioner is seeking approval of two deviations (to augment Mercato MPUD Design Guidelines VI.a. 1-4) from the requirements of the LDC. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs . . . . may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. . . . Deviation #1 seeks relief from LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right-of-Way Design Standards, which establishes a 60-foot wide local road to allow a 24' wide access easement to serve the residential component of the PUD. See Exhibit G,Residential Street Cross Section. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The proposed 24' wide access easement is sufficiently wide to accommodate the required roadway improvements. Utilities and sidewalk can be placed within easements outside the access easement. The internal project road will be private and the standard public ROW is not necessary for internal traffic volumes. The proposed 24' wide easement would otherwise be permitted if the units were proposed as multi family dwellings. The developer intends to develop zero lot line dwelling units within the development footprint previously approved for multi- PDI-PL20140001221,Mercato PUD Page 2 of 6 October 23,2014 Hearing Examiner Last Revised: September 23,2014 family development. The sidewalk on one side of the proposed access easement was previously approved by Ordinance 2005-58. Also, Section 6.06.01.N of the LDC states "Private street right-of-way widths and design may be determined on a case-by-case basis in accordance with Chapter 10. In the event that the applicant does not apply for a preliminary subdivision plat, the applicants engineer may request that the County Manager or his designee approve an alternate private right-of-way cross- section". The developer needs to have certainty of the access easement before proceeding to final subdivision design. Deviation #2 seeks relief from LDC Section 4.02.04.D, Standards for Cluster Residential Design, which requires the zero lot line portion of the dwelling unit to be void of doors or windows where such wall is contiguous to an adjoining lot line to allow windows along portions of the principal building that is on the zero setback line. Petitioner's Rationale: The applicant states in his justification for this deviation the following: As preliminarily designed, it is intended that accessory structures such as walls, pool enclosures or garages would be located at the zero building setback line. Portions of the principal building could be located at the zero setback The developer desires to have flexibility to allow for window and door openings on the principal building where it is not located on the zero setback line and a 10 foot principal building separation is maintained PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA: Section 10.02.13.E.1 and 2 of the Land Development Code sets forth the criteria by which insubstantial amendments to a PUD Master Plan are to be reviewed before they can be approved. The criteria and a response to each criterion of 10.02.13.E.1 have been listed as follows: a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No,there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such,or five(5)acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space),or a proposed relocation of nonresidential land uses? PDI-PL20140001221,Mercato PUD Page 3 of 6 October 23,2014 Hearing Examiner Last Revised: September 23,2014 No, the proposed amendment will not increase the size of institutional, commercial, industrial uses since this area of the PUD does not allow those uses. It allows residential and associated accessory uses. No additional uses are being requested. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? There are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, as noted above, the proposed change will not create any additional vehicular generated trips. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed change should not increase stormwater retention, or otherwise increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. The petitioner is seeking to amend the property development regulations for certain product types however this change should not affect external property owners. The proposed change should not result in any incompatibility. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No, this modification is in compliance with the Future Land Use Element of the Growth Management Plan. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; The project is not a DRI. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provided above, the proposed changes are not deemed to be substantial. PDI-PL20140001221, Mercato PUD Page 4 of 6 October 23,2014 Hearing Examiner Last Revised: September 23, 2014 FINDINGS OF FACT: LDC Subsection 10.02.13.E.2 also requires an evaluation of the findings and criteria used for the original PUD application. The staff report for the original rezone petition, PUDZ-2004-AR-6422, contained the PUD and Rezoning Findings from LDC Subsection 10.02.13.B.5 and 10.02.08.F, respectively. This amendment does not negatively impact any of those findings. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report on September 16,2014. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve PDI-PL20140001221, Hammock Park Commerce Center PUD. PDI-PL20140001221,Mercato PUD Page 5 of 6 October 23,2014 Hearing Examiner Last Revised: September 23,2014 PREPARED BY: ki,1/4g,Lcht. qc/i/ K YESELEM,AICP,PRINCIPAL PLANNER DATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: RAYM D V. BELLOWS,ZONING MANAGER DATE DEPAR MEN'( OF PLANNING AND ZONING MIKE BOSI,AICP,DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING PD1-PL20140001221,Mercato PUD Page 6 of 6 October 23,2014 Hearing Examiner Last Revised: September 9,2014 Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT& ENVIRONMENTAL SERVICES HEARING DATE: OCTOBER 6, 2005 RE: PETITION NO: PUDZ-04-AR-6422, MERCATO MPUD PROPERTY OWNER/AGENT: Agent: D. Wayne Arnold,AICP Owner: The Lutgert Companies Q. Grady Minor& Associates, P.A. 4200 Gulfshore Boulevard North 3800 Via Del Rey Naples, Florida 34103 Bonita Springs, Florida 34134 George L. Varnadoe, Esq. Cheffy, Passidomo, Wilson&Johnson 821 Fifth Avenue South, Suite 201 Naples, Florida 34102 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider and forward a recommendation to the Board of County Commissioners (BCC) for a proposed rezone from (A) Agricultural to a Mixed-Use Planned Unit Development (MPUD) permitting a mix of retail, office, restaurant, hotel and multi-family residential uses. GEOGRAPHIC LOCATION: The subject property is located on the northeast quadrant of Vanderbilt Beach Road (CR-862) and Tamiami Trail North (US-41) in Section 34, Township 48 South, Range 25 East. (See location map on the following page. A copy of the Master Plan for the subject site follows the location map). PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to develop a mixed-use community, which permits a full array of commercial uses, residential dwelling types, and recreational amenities. The design of the project is intended to center around a traditional main street design. PUDZ-04-AR-6422, Mercato MPUD 1 A maximum of 395,000 square feet of retail floor space, 100,000 square feet of office space, and a maximum of 80 hotel units is permitted within the 27.7-acre Mixed Use tract and 175 residential dwelling units in a mixed-use area and on a 10.67 acre Residential Tract resulting in a density of 3.3 units per acre. SURROUNDING LAND USE AND ZONING: Surrounding: North-Developed with multi-family residential and is zoned Pelican Marsh PUD East- Developed residential and a golf course that are zoned Pelican Marsh PUD South -Walgreens and the Fifth Third Bank that are zoned C-4 West- US-41 and the Pavilion Shopping Center that is zoned PUD. J, a - givp''' ''' x.-te � 4r..'r..-. °1:`/- x•' r :'� r � e $ib 1; ) ' t a1,. 4* ` d7 n,. A— , e - . ; a -ac'' , $ "` _ m,--«: l47 1 a Z a k-, S q, Illtrieatio M!IUJ) GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Urban Commercial District, Mixed Use Activity Center Subdistrict & Urban Mixed Use District, Urban Residential Subdistrict), approximately 27+acres of the site is located within Activity Center#5, as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Mixed Use Activity Center Subdistrict permits the full array of commercial uses allowed in C-1 through C-5 zoning districts and up to 16 residential units per gross acre might be permitted. The Mixed Use Activity Center states, in part: "Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the various land uses...shall be determined during the rezoning process based on considerations of the factors set-fort h in the Mixed Use Activity Center Subdistrict." PUDZ-04-AR-6422, Mercato MPUD Approximately 24 acres of the site are outside the Activity Center boundary and within the Urban Residential Subdistrict. This subdistrict permits residential development (variety of unit types) at a base density of 4 DU/A and a maximum of 16 dwelling units per acre, subject to the Density Rating System provisions; recreation and open space uses and a variety of community facility uses. The petitioner is proposing a maximum of 175 dwelling units or 3.3 dwelling units per acre for the entire project. The 24 acres that lie outside the Activity Center boundary are within the Urban Residential Subdistrict and is located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the FLUE, so are subject to a 1 dwelling unit per acre reduction from the base density of 4 dwelling units per acre and they are not eligible for any density bonuses. Therefore, this portion of the project is limited to a maximum density of 3 dwelling units per acre or 72 units. Base Density 4 dwelling units per acre Traffic Congestion Area -1 dwelling unit per acre Total Eligible Density 3 dwelling units per acre X 24 acres= 72 units The Mixed Use Activity Center also states: "For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center." Therefore, the 27+ acres within the Activity Center Boundary would be eligible for up to 16 units per acre or 432 units making the total project eligible for a maximum of 504 units or 9.5 dwelling units per acre, which could be distributed throughout the project. Therefore, the proposed 3.3 units per acre for the entire project are deemed consistent with the Density Rating System. Activity Center acreage 27 X 16 du/a=432 dus Urban Residential acreage 24 X 3 du/a= 72 dus Total Eligible Units 504 units or 9.5 du/a Approximately 80% of Activity Center #5 is zoned or developed for commercial uses. This Activity Center is eligible for up to 100%, or any combination, of commercial, residential and/or community facility uses. To qualify as a Master Planned Activity Center, the applicant shall have unified control of the majority of a quadrant in a designated Activity Center (greater than 51%). Relevant to this petition, the majority of the northeast quadrant of Activity Center#5 is under the common ownership of the subject property owner, and the property owner has a common development plan for all property under their control; therefore, the project qualifies as a Master Planned Activity Center as it is a unified plan of development in the form of a PUD which allows flexibility in the boundaries including modification during final site design, mix and location of uses within a master planned activity center, and permits modification of the square configuration of activity center quadrants if the applicant has unified control of a majority of a quadrant. However, although the configuration of the activity center quadrant can be modified, the acreage and the approved amount of commercial development shall not be exceeded. The project comprises 53+ acres and proposes 27.50 acres of mixed uses, 10.38 acres of residential uses, 1.47 acres of lakes and 6.50 acres of preserve, 2.65 acres of right-of-way and 4.50 acres of buffers/open space. According to the Collier County Geographic Information System (GIS), of the 53+ acres, 27+ acres are within the Activity Center boundary. The mixed-use component of this project proposes 395,000 square feet of retail commercial uses, 100,000 square feet of office space and 80 hotel units for distribution on 27.50 acres. PUDZ-04-AR-6422, Mercato MPUD 3 Although the Master Planned Activity Center allows flexibility in the boundaries and permits modification of the square configuration of the activity center quadrant, the approved amount of commercial development shall not be exceeded. Therefore, under the Mixed Use Activity Center Subdistrict criteria, 27.50 acres (the total acreage within the Activity Center boundary) qualify for the proposed mixed-uses. The proposed residential density and commercial square footage is permitted under these criteria. It should be noted that in the petitioner's reconfiguration of the Activity Center, as allowed under the Master Planned Activity Center provision, only those areas designated "Mixed Use" on the PUD Master Plan (27.5+ acres) are within the new Activity Center boundary. The "Mixed Use" designation allows mixed uses (both residential and commercial). Specifically omitted from the new Activity Center configurations are the categories: Residential, Lakes, Preserves, Buffers/Open Space, and Right-of-Way (25.5+ acres total). In staffs opinion, it is reasonable to exclude these categories, including road rights-of-way, since mixed uses are allowed they will not only serve the commercial uses in the Mixed Use component of the PUD, but also,the residential uses. Factors to be considered during the review of a rezone petition within a Mixed Use Activity Center are as follows: • Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except requests for rezoning must meet the requirements for rezoning in the Land Development Code. (Submitted as a Mixed Use Planned Development.) • The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of Mixed Use Activity Center. (Provided in Market Demand and Service Area Study.) • Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. (Provided in Market Demand and Service Area Study.) • Existing patterns of land use within the Mixed Use Activity Center and within two radial miles. (Provided in Market Demand and Service Area Study.) • Adequacy of infrastructure capacity, particularly roads. (Project will be linked to an adjacent arterial roadway, U.S. 41, and a collector roadway, Vanderbilt Beach Road, as provided for on the PUD Master Plan. All category A public facilities have capacity to serve this project.) • Compatibility of the proposed development with and adequacy of buffering for adjoining properties. (The commercial component will be linked to the adjacent arterial and collector roadways and oriented toward adjacent (C-4 zoned) developed property. The residential component and a preservation area will abut the residential area of Pelican Marsh as provided for on the PUD Master Plan. Zoning and Land Development Review staff will perform the detailed compatibility review.) • Natural or man-made constraints. (Landscape, buffers and preserves as provided for in the PUD document and PUD Master Plan.) • Rezoning criteria identified in the Land Development Code. (Provided for in PUD document, Section II, 2.3, A. Further, the Zoning and Land Development Review staff will review these criteria.) PUDZ-04-AR-6422, Mercato MPUD .1 • Conformance with Access Management Plan provisions for Mixed Use Activity Centers contained in the Land Development Code. (Provided for on PUD Master Plan. Further, Transportation Planning staff will review the project for conformance with this LDC provision.) • Coordinate traffic flow on-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point location and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections. (Provided for on PUD Master Plan. Further, Transportation Planning staff will provide a more detailed review.) • Interconnection(s) for pedestrian, bicycles and motor vehicles with existing and future adjacent projects. (Provided for in Statement of Compliance #8, on PUD Master Plan and in Section 6.7L.) • Conformance with architectural design standards as identified in the Land Development Code. (Provided for in PUD document Section II, 2.11. Further, Zoning and Land Development Review staff will provide a more detailed review during this process and during review of the subsequent development orders). Transportation Element: The Transportation Department has reviewed the applicant's Traffic Impact Statement (Exhibit "C") and has determined that the project will generate approximately 1,774 PM Peak Hour Trips at the build-out of the project. Since the proposed development has mixed residential and commercial uses, a percentage of the site-generated traffic will be captured by the land uses inside the development and not be introduced to the external roadway network. Internal capture trips along with the retail land uses that capture pass-by trips from adjacent stream on US-41 and Vanderbilt Beach Road have been used to determine the net new external PM Peak Hour site generated trips. The new site-generated trips will result in approximately 1,274 PM Peak Hour Trips. The Level of Service (LOS) analysis indicates that the project is located within the Northwest Transportation Concurrency Management Area (TCMA). The capacity analysis indicates that the signalization will be needed at both main site access points, in order to provide acceptable level of service. At the time of site development plan review, the final concurrency management analysis will be conducted. However, because the project is in the Northwest TCMA, in accordance with the LDC, if 85 percent of the lane miles within the TCMA are at or above the LOS standards,the project is able to attain transportation concurrency if proportionate share payments are made and Transportation Demand Management (TDM) strategies are incorporated into the project. As a result, this petition is deemed to be consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. Conservation and Open Space Element - The Mercato MPUD document indicates that a combination of landscape, lakes, water management areas, and qualifying open space areas exceeds the Land Development Code (LDC) requirements. The PUD will also achieve native vegetation preservation or re-vegetation requirements of the LDC by re-vegetation of native species in the preserve tracts, therefore,the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities and Water Management Element—Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within utility easements shall be conveyed to the utility service provider of the service,pursuant to applicable Collier County Ordinances. PUDZ-04-AR-6422, Mercato MPUD ANALYSIS: Staff completed a comprehensive evaluation of this MPUD petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in the LDC, thus, requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Collier County Planning Commission (CCPC) to the Board of County Commissioners (BCC). The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's Future Land Use Plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibits "A" and Exhibit "B"). Notwithstanding the above, staff in reviewing the determinants for adequate findings to support the proposed PUD application as follows: Environmental Review - The Environmental staff has reviewed the project's application and has recommended denial. Their recommendation is based on the Growth Management Plan criteria for preserving the largest contiguous area possible. The Environmental staff has indicated that adjustments to the Master Plan can result in the preservation of higher quality habitat in larger more contiguous areas with less re-creation of these areas. CCME Policy 6.1.1(7)does allow for exceptions to these criteria when parcels "cannot reasonably accommodate both the preservation area and the proposed activity. " Even though the applicant revised the initial proposal to increase the amount of retained vegetation originally proposed,Environmental staff has taken the position that the site improvements currently proposed can be re-located to protect more of the existing native vegetation. The Environmental Advisory Council (EAC) also reviewed this project on September 7, 2005. During this meeting the EAC voted 8 to 0 to recommend approval of this petition subject to the conditions of approval contained in the EAC Staff Report excluding stipulations 1, 4, & 5 (See Exhibit "D"), and adding another condition regarding the replanting of listed plant species within preserve areas. Regarding CCME Policy 6.1.1(7), the EAC's recommendation essentially recognizes that the proposed site improvements can not reasonably accommodate the retention of native vegetation recommended by staff and thus the proposal is consistent with the intent of Policy 6.1.1(7). If the CCPC accepts the EAC's recommendations, then it should find that the proposal is consistent with CCME Policy 6.1.1(7). Transportation Department Review — The Transportation Department has reviewed the proposed MPUD and has recommended approval subject to the approval of a full median opening with a potential traffic signal at the north access on US-41 by the Florida Department of Transportation. In addition, the full median opening and potential traffic signal at the east access on Vanderbilt Beach Road is required to provide southbound left turn access for the loop road connection between US-41 and Vanderbilt Beach Road. Zoning Department Review — The Mercato MPUD sets forth the development standards for this mixed-use community. As previously noted, the plan is different from other planned communities in that it involves a mixed residential and commercial structures that are intended to incorporate design features of a traditional main street. The plan allows for the ability of commercial retail shop owners to live in residential units above their shop while other professionals and residents will have the opportunity to live in multi-family units (a minimum of 50 dwelling units)above the commercial uses in a main street environment. There is also a residential tract within walking or cycling distances of the main street commercial facilities. The MPUD document contains "Design Guidelines" that provide specific architectural and landscape features of a"main street"themed project. PUDZ-04-AR-6422, Mercato MPUD 6 1 The Mercato PUD development standards require that the single-family residential structures provide a minimum front yard setback of 15 feet and for front entry garages there shall be a minimum of 23 feet provided from the garage to the edge of the sidewalk. The rear yard setback is 15 feet while the side yard setback is 6 feet. The single-family and two-family setback requirements are similar to other approved residential projects in Collier County. For multi-family structures, the distance between structures is 12 feet. The maximum height is limited to 35 feet for the single-family dwellings and 40 feet over one level of parking for multi-family. The maximum height for the mixed-use buildings is 4 stories over the first floor commercial not to exceed 63 feet. The PUD document indicates that proposed mixed use and commercial buildings are subject to the specific design and architectural standards of the Mercato Design Guidelines that have been attached to the PUD document. Where the PUD does not specifically address a design standard, the requirements of Section 2.8 of the LDC will apply. The Design Guidelines are intended to provide more specific design standards concerning treatment of landscaping and architectural features of the project. The guidelines have been enhanced with detailed exhibits to clearly detail design features. This includes details of the landscaping features for the parking garage, the main street landscape design, side street landscape design, and the landscape design within parking areas. The petitioner contends that the Design Guidelines are intended to address the relationship of buildings, parking, vehicular, and pedestrian movement to create a pedestrian theme project. Buildings are designed close to the vehicular and pedestrian areas to create a continuous streetscape. Travel ways support two-way traffic and on-street parking, while a continuous pedestrian pathway system has been provided throughout the project. The PUD also has provisions to allow for a future interconnection to the adjacent residential development to the northeast. Due to the unique characteristics on the "main street" theme project, deviations from the LDC standards are required. Except as specified within the PUD and the Design Guide, the project will be consistent with the LDC design standards. All freestanding out-parcel buildings will be developed in compliance with the Land Development Code(LDC), while all other building facades within 250 feet of US-41 and Vanderbilt Beach Road will also meet the architectural requirements of the LDC. All other building facades will be consistent with the standards contained in the Design Guidelines that are included in the PUD document as an exhibit. The Mercato MPUD is intended to incorporate "main street" design features. Building facades will be designed in a manner whereby individual tenant spaces will have a unique facade and signage treatment, although most of the site will be developed under a single site development plan. This includes specific signage design standards that require all signs to be integrated with site and building designs. The Mercato PUD deviates from the LDC to allow the signs to fit the project"main street"theme. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of PUDZ-04-AR-6422 subject to the conditions of approval that have been incorporated in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. PUDZ-04-AR-6422,Mercato MPUD 7 Exhibit"A" REZONE FINDINGS PETITION PUDZ-2004-AR-6422 Division 10.03.05.H of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The subject property is designated Urban (Urban Commercial District, Mixed Use Activity Center Subdistrict & Urban Mixed Use District, Urban Residential Subdistrict), approximately 27+ acres of the site is located within Activity Center #5, as identified on the Future Land Use Map of the Growth Management Plan (GMP). Approximately 24 acres of the site are outside the Activity Center boundary and within the Urban Residential Subdistrict. This subdistrict permits residential development (variety of unit types) at a base density of 4 DU/A and a maximum of 16 dwelling units per acre, subject to the Density Rating System provisions. The petitioner is proposing a maximum of 175 dwelling units or 3.3 dwelling units per acre for the entire project. The 24 acres that lie outside the Activity Center boundary are within the Urban Residential Subdistrict and is located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the FLUE. Therefore, this portion of the project is limited to a maximum density of 3 DU/A or 72 units. The Mixed Use Activity Center also states: "For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center." Therefore, the 27+ acres within the Activity Center Boundary would be eligible for up to 16 units per acre or 432 units making the total project eligible for a maximum of 504 units or 9.5 dwelling units per acre, which could be distributed throughout the project. Therefore, the proposed 3.3 units per acre for the entire project are deemed consistent with the Density Rating System. To qualify as a Master Planned Activity Center, the applicant shall have unified control of the majority of a quadrant in a designated Activity Center (greater than 51%). Relevant to this petition, the majority of the northeast quadrant of Activity Center #5 is under the common ownership of the subject property owner, and the property owner has a common development plan for all property under their control; therefore, the project qualifies as a Master Planned Activity Center. Therefore, Comprehensive Planning staff has deemed the proposed MPUD to be consistent with this district and with all other elements of the GMP. PUDZ-04-AR-6422, Mercato MPUD �� 2. The existing land use pattern. The Mercato PUD is located on the north side of Vanderbilt Beach Road and the east side of US-41. The proposed amendment site is bordered by commercial (C-4) to the south, and residential to the north and east. Staff feels that the proposed mixed-use development will serve as a transition of development intensities between the commercial C-4 properties and the existing residential development located within the Pelican Marsh PUD. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This petition, if approved, would not create an isolated district. The rezone to the Mercato MPUD is compatible with the adjacent C-4 zoned properties and is a continuation of rezones to PUD in the area such as the Pelican Marsh MPUD to the north and east of the subject site. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The subject site is partially located within an Activity Center and adjacent to existing C-4 properties. As depicted on the Official Zoning Map (Exhibit "E"), the properties to the north and east have already been rezoned to the Pelican Marsh MPUD, which is consistent with the GMP. This rezone is simply a continuation of that trend, therefore, the proposed MPUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The developer contends that the development trends and changing market conditions, specifically the development of the surrounding area, necessitate the proposed rezone from the Agricultural Zoning District to a mixed-use PUD. Staff believes the residential portion of this rezone is appropriate, noting that the property is located within the Urban Residential subdistrict in the County's Future Land Use Element. Because the commercial component is part of Activity Center #5, the existing commercial and residential development to the north, east and south is a further indication that growth and development are expected in this area. Therefore, staff has determined that the proposed MPUD rezoning is appropriate. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the neighboring properties due to the project's consistency with the GMP and compatibility with neighboring properties. The proposed rezone will have no significant impact on any adopted level of service standard. PUDZ-04-AR-6422, Mercato MPUD 10 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Every project approved in the County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which they are located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The development standards within the Mercato MPUD are appropriate to the requested mixed-use of the land. They are designed to reduce potential conflicts between different types of development. Therefore, staff is of the opinion that this petition will not adversely affect property values. It should be noted that the value of property is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning, however, zoning by itself may or may not affect values since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The subject site is surrounded by the Pelican Marsh to the north and commercial lots to the south. The proposed rezone seeks to address any incompatibility with adjacent properties by providing a six-foot wall along the entire boundary shared with the PUDZ-04-AR-6422, Mercato MPUD I Pelican Marsh PUD. Staff does not feel that the proposed amendment will negatively impact development of the adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The Comprehensive Planning staff has determined that the proposed amendment to the PUD complies with the GMP. In light of this fact, the proposed PUD rezone does not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is consistent with the LDC and the GMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed MPUD complies with the GMP and the LDC. As a result, it should not adversely impact the scale, density and overall intensity of adjacent land uses. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The subject site is the appropriate location for mixed-use project due to the proximity to US-41, and is a transition between different residential land uses to the north. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The subject property is an infill area between the Pelican Marsh PUD and partially developed C-4 properties to the south. Native habitats are impacted with exotics to varying degrees and occur primarily on the southern portions of the property. Any approved development would be required to remove the exotic vegetation. Very little modification would be required to construct according to the proposed standards. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and has found it consistent with the GMP. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. PUDZ-04-AR-6422. Mercato MPUD 12 PDI-PL20140001221 REV:1 MERCATO PUD DATE:8/12/14 DUE:8/26/14 Mercato MPUD Amend Ordinance Number 2005-58 SECTION IV, ENTITLED"RESIDENTIAL DEVELOPMENT AREAS"OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 2005-58,THE MERCATO MPUD, IS HEREBY AMENDED AS FOLLOWS: TABLE I MERCATO PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS AND"MU" BUILDINGS R R R MU Single Family Multi-Family Multi-Family Permitted Uses and Dwellings Dwellings Standards Zero Lot Line Attached,Two Family above and Townhouse commercial _—._. _ _.......... ........_�.W,..w.._.. ,..-._�..., . —....._._........................._....m.n Minimum Lot Area 4,000 SF 1,700 SF N/A N/A Minimum Lot WidthI 40' 17' 7— N/A N/A Minimum Lot Depth 400=55' 100' N/A N/A Front Yard' 15' 15' 15' N/A Side Yards 0 or€45' 0 or 6' 15' 0' Rear Yard 15' 15' 15' 0' Rear Yard Accessory 10' 10' 10' 0' Preserve Principal 25' 25' 25' 25' Accessory 10' 10' 10' 10' 4 stories over first floor • 40'over 1 commercial Maximum Bldg Height6 35' 35' level of not to exceed zoned height parking of 63'and actual height of 72' Distance Between Detached Principal 1210'2 12' 12' 0' Strucutres3 Floor Area Min. 1,000 SF 1,000 SF 1,000 SF 750 SF All distances are in feet unless otherwise noted. 1 — Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. Words underlined are additions;words struck-through are deletions Mercato MPUD,PDI PL20140001221 Last Revised 08/06/2014 Page 1 of 4 2-Zero foot(0') minimum side setback on one side as long as a minimum 12-10-foot separation between principal structures is maintained for zero lot line units. 3 - Building distance may be reduced at garages to a minimum of 0 feet where attached garages are provided. 4-Front yard setback shall be measured from back of curb. Building front entry garages shall be set back a minimum of 23 feet from edge of any provided sidewalk. The minimum 15 foot front yard may be reduced to 10 feet where the residence is served by a side-loaded or rear entry garage. 5. - Side yards for accessory uses in single-family attached, two-family, townhouse, and multi-family dwellings shall be the same as for principal structures. 6. - Buildings located adjacent to the Pelican Marsh PUD shall be restricted to a maximum height of 2 stories, not to exceed 35 feet in height. Words underlined are additions;words struck through are deletions Mercato MPUD,PDI PL20140001221 Last Revised 08/06/2014 Page 2 of 4 TABLE OF CONTENTS OF EXHIBIT "D", ENTITLED "MERCATO DESIGN GUIDELINES" OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 2005-58, THE MERCATO MPUD, IS HEREBY AMENDED TO ADD AS FOLLOWS: EXHIBIT D MERCATO DESIGN GUIDELINES Table of Contents EXHIBITS Exhibit A Typical Main Street Landscape Design Plan Exhibit B Typical Side Street Landscape Design Plan Exhibit C Typical Parking Garage Landscape Area Exhibit D Typical Rear of Main Street Buildings Landscape Design within Parking Area Exhibit E Typical MU/R Interface Landscape Area and Residential Parking Garage Interface Exhibit F Typical Street Tree Landscape and Building Foundations Planting Plan Exhibit G Residential Street Cross-Section Words underlined are additions;words struck through are deletions Mercato 1V1PUD,PDI PL20140001221 Last Revised 08/06/2014 Page 3 of 4 SECTION VI OF EXHIBIT "D", ENTITLED "MERCATO DESIGN GUIDELINES" OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 2005-58, THE MERCATO MPUD, IS HEREBY AMENDED TO ADD AS FOLLOWS: VI. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 10.02.04 of the LDC. The proposed primary entry road shall be designed and constructed in accordance with Chapters 4 and 6 of the LDC. Other roadways within the Mercato MPUD shall be designed and constructed in accordance with Chapters 4 and 6 of the LDC with the following substitutions: a. Streets and access improvements 1. Construction Standards Manual,Dead-end Streets Cul-de-sacs may exceed a length of one thousand(1,000)feet. 2. Construction Standards Manual,Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a 20 foot radius (face of curb)for all internal project streets and a 35 foot radius for intersections at project entrances. 3. Construction Standards Manual,Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 4. Access Management Policy, Resolution No.01-247 The project entrance on Vanderbilt Beach Road shall be permitted to be signalized upon meeting County requirements. 5. Residential Street Cross-Section From LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right-of-Way Design Standards,which establishes a 60-foot wide local road to allow a 24' wide access easement to serve the residential component of the PUD. See Exhibit G, Residential Street Cross Section. 6. Standards for Cluster Residential Design From LDC Section 4.02.04.D, Standards for Cluster Residential Design, which requires the zero lot line portion of the dwelling unit to be void of doors or windows where such wall is contiguous to an adjoining lot line to allow windows along portions of the principal building that is on the zero setback line. Words underlined are additions;words struck through are deletions Mercato MPUD,PDI PL20140001221 Last Revised 08/06/2014 Page 4 of 4 Exhibit G Residential Street Cross-Section 1-10"D.E../U.E.-, ACCESS _.-...._.___...470'D.E./U.E. (PRIVATE) ' EASEMENT (PRIVATE) (PRIVATE) Pit ±__....._10'MIN_ 4e---10'MIN FRONT i , FRONT SETBACK ' ' SETBACK TO CURB I TO CURB 5'Wide Sidewalk �o Jr ion—fr - 2'Valley Gutter/Curb concrete or pavers 5/W N EASE' Proposed Bldg. Proposed Bldg. 2' Vafley Gutter/Curb Existing 8" PVC San. Sewer o- (Location varies per plan) Existing Storm RCP Pipe Existing 10" PVC Watermain (Location varies per plan) (Location varies per plan) TYPICAL SECTION N.T.S. 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 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E&Code of Laws section 2-83—2-90 Ch.3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Mercato Residences LLC Address: 4200 Gulf Shore Boulevard North City: Napels State: FL ZIP: 34103 Telephone: 239-261-6100 Cell: Fax: 239-262-6315 E-Mail Address: mike @Lutgert.cOm Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor and Associates, P.A. Address: 3800 Via Del Rey City: Bonita Springs State: FL ZIP: 34134 Telephone: Cell:Cell: Fax: 239-947-0375 E-Mail Address: warnold @gradyminor.com DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? • Yes I No 1. If applicant is a land trust, so indicate and name the beneficiaries below. • IX 1 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. 6/3/2014 Page 1 of 4 CO mer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 r 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. 6. If applicant is a contract purchaser,attach copy of contract, and indicate actual owner(s) name and address below:(If space is inadequate, attach on separate page) DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. • PROPERTY INFORMATION PUD NAME: Mercato MPUD ORDINANCE NUMBER: 2005-58 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? [11-11 Yes ❑ No If no, please explain: Has a public hearing been held on this property within the last year? 1 1 Yes (E[ No If yes, in whose name? Has any portion of the PUD been ❑ SOLD and/or ❑ DEVELOPED? Are any changes proposed for the area sold and/or developed? 1 1 Yes ❑ No • If yes, please describe on an attached separate sheet. 6/3/2014 Page 2 of 4 Mercato MPUD Detail of Request Insubstantial Change Criteria LDC Subsection 10.02.13 E.1 E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas, except for the removal of a commitment for payment towards affordable housing which is considered to be a minor change as described in Section 10.02.13 E.3.c. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in sections 10.02.13 A and B. For the purpose of this section, a substantial change shall be deemed to exist where: a. There is a proposed change in the boundary of the PUD;or N/A b. There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; N/A c. There is a proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; No net change in preserve, recreation or open space results from this amendment. d. There is a proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces),or a proposed relocation of nonresidential land uses; No increase in uses or areas for uses are proposed. e. There is a substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; No additional traffic or public facility impacts will result from the requested setback and building separation reduction. S f. The change will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; • No new uses are proposed. The attached single family and zero lot line uses have trip generation rates comparable to the multi-family dwellings analyzed in the original zoning approval. g. The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; No additional stormwater retention areas will be required. h. The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The requested setback and building separation reduction will not result in any incompatible land use relationship to abutting properties. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the future land use element or other element of the growth management plan or which modification would increase the density or intensity of the permitted land uses; The PUD is consistent with the Collier County Growth Management Plan. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this section 10.02.13 of this Code; or The project is not a DRI. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this section 10.02.13 The proposed modifications do not meet the standards for a substantial modification and create no external impacts. ev Comity • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF REQUIRED NOT COPIES REQUIRED Completed Application(download current form from County website) E E Pre-Application Meeting notes 1 Project Narrative,including a detailed description of proposed changes and why amendment is necessary Detail of request ® Q Current Master Plan&1 Reduced Copy 1:] C Revised Master Plan& 1 Reduced Copy Revised Text and any exhibits [71 x • PUD document with changes crossed through& underlined [ E PUD document as revised with amended Title Page with Ordinance# L x Warranty Deed ® C ❑ Legal Description El El Boundary survey, if boundary of original PUD is amended ❑ E El If PUD is platted,include plat book pages El ❑ El List identifying Owner&all parties of corporation 2 El E Affidavit of Authorization, signed & notarized ._ .__. 2 n El Completed Addressing Checklist 1 �P U Copy of 81/2 in. x 11 in.graphic location map of site 1 (x [l Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials [? [l to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement. 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. • 6/3/2014 Page 3 of 4 Cottie*r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 ISUBMITTAL REQUIREMENTS CHECKLIST I See Chapter 3 G.3 of the Administrative Code for submittal requirements. This completed checklist is to be submitted with the application packet in the exact order listed below,with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW C POiES REQUIREDRECJ,IJOIRED Completed Application(download current form from County website) ❑ ❑ El Pre-Application Meeting notes 1 0 ❑ Project Narrative,including a detailed description of proposed changes © ® ❑ and why amendment is necessary Current Master Plan&1 Reduced Copy 0 ❑ Revised Master Plan& 1 Reduced Copy ❑ Revised Text and any exhibits El List identifying Owner&all parties of corporation 2 ❑ ❑ Owner/Agent Affidavit signed&notarized 2 ❑ Completed Addressing Checklist 1 Copy of 8''A in.x 11 in.graphic location map of site 1 _____E: Electronic copy of all documents and plans • *Please advise:The Office of the Hearing Examiner requires all ❑ ❑ El materials to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement 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: ❑ PUD Amendment Insubstantial(PDI):$1,500.00 ❑ Pre-Application Meeting:$500.00 ❑ Fire Code Review:$100.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 The completed application,all required submittal materials,and fees shall be submitted to: ,,� Growth Management Division/Planning and Regulation / ,, ? ATTN:Business Center i //' 2800 North Horseshoe Drive /' ; , (, Naples,FL 34104 /2- J/ .1- i kNd At- 75 !I ti `PApplcant/Owner Signature 44 Date r-1 c J'a ✓t` Applicant/Owner Name(please print) 10 10/14/2013 Page 3 of 4 I ......................... Cod per County S COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: PDI Date and Time. _.. 6/18/14 @ 9:00 Assigned Planner: Kay Deselem Engineering Manager(for PPL's and FP's): P€'oj:'ct IT.{-,roviAric,fi Project Name: Mercato PUD PL#: PDI-PL2140001221 Property ID#: 00177000603 Current Zoning: PUD Project Address: N/A City: State: Zip: Applicant: Agent Name: James Carr Phone: 597-3111 X 215 • Agent/Firm Address: ABB City: State: Zip: Property Owner: Please provide the following,if applicable: r cO (0f I i I )t)5(64- ( i. Total Acreage: 53 acres Mock cd. � ,+c tt, -fir 0/6 y 0/5' ii. Proposed#of Residential Units: NIA fr.� . C, �9 .c W MR(4-CYC., yes 0v„) o' c;a. .cx r tkj- iii. Proposed Commercial Square Footage: NIA iv. For Amendments,indicate the original petition number: Ord. # 05-58 v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: see above vi. If the project is within a Plat, provide the name and AR#/PL#: 411 C' er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierrov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below,with cover sheets attached to each section. Incomplete submittals will not be accepted. NT REQUIREMENTS FOR REVIEW COPIES RFQUIRE:'REQUOIRED Completed Application(download current form from County website) E ( r:1-- Pre-Application Meeting notes 1 Project Narrative,including a detailed description of proposed changes r-� I:and why amendment is necessary LYi Detail of request _ E Current Master Plan&1 Reduced Copy ❑ ._.. Revised Master Plan&1 Reduced Copy ❑ Revised Text and any exhibits PUD document with changes crossed through&underlined PUD document as revised with amended Title Page with Ordinance# ❑ ❑ L Warranty Deed _... • Legal Description 0 El Boundary survey,if boundary of original PUD is amended ❑ ❑ L If PUD is platted,include plat book pages List identifying Owner&all parties of corporation 2 F t A■.1tht`r,wion signed & notarized 2 ❑❑ Copy of 8'Y:in.x 11 in.graphic location map of site 1 ❑ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials al t2/ ❑ to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBUC 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. • 6/3/2014 Page 3 of 4 Corer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: it School District(Residential Components):Amy ri Bayshore/Gateway Triangle Redevelopment: L! Lockheart Executive Director Utilities Engineering:Kris VanLengen Fri Parks and Recreation:Vicky Ahmad EJ Emergency Management:Dan Summers T1 Naples Airport Authority:Ted Soliday r. • Conservancy of SWFL:Nichole Ryan Other. • City of Naples:Robin Singer,Planning Director Other. ,,.�_, _., FEE REQUIREMENTS J 4 PUD Amendment Insubstantial(PDI):$1,500.00 Pre-Application Meeting:$500.00 XEstimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation 411) ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 ,.....\\._ \ A licant/Owner Signature Date N \ , , Appticant/Rw' ner Name(please print) \\N 410 6/3/2014 Page 4 of 4 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 IMeeting Notes I ° (7_A 0 ST v-t,4 ,0'NJ " (n C L__\.). -- VC—Q,1 c cA7'O"9 TN4T -{-1-+ C t14+�&/- tt .r'v ;)1-t Ty e `"JC NG 1 h 6`{Z..-_ AA) l+t'G-i ce. i -V l 6‘),Je f on", } ti- T t4 Tr\1-\,1- t. 0 0 Pre-Application Meeting Sign-in Sheet PL#:___ _, .._._ Collier County Contact Information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 davidanthony @colliergov.net ❑ Summer Araque Environmental Review 252-6290 summerbrownaraque @colliergov.net ❑ Alison Bradford,P.E. Engineering Services 252-6820 alisonbradford @colliergov.net ❑ Mark Burtchin ROW Permitting _mm 252-5165 , markburtchin @colliergov.net ❑ George Cascio -, Utility Billing 252-5543 georgecasclo @colliergov.net g Heidi Ashton Cicko 252-8773 Managing Asst.County Attomer 252-877 heidiashton @colliergov.net , / Kay Deselem,AICP Zoning Services 252-2931 kaydeselem @colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman @colliergov.net _❑ Michael Gibbons , Structural/Residential Plan Review 252-2426 michaelgibbons @colliergov.net ❑ Nancy Gundlach,AICP,PIA Zoning Services 252-2484 nancygundlach@colliergov.net 73 John Houldsworth Engineering Services 252-5757 johnhouldsworth @ colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall @colliergov.net ❑ Reed Jarvi,P.E. Transportation Planning 252-5849 , reedjarvi @colliergov.net ❑ Stephen Lenberger Environmental Review 252-2915 stevelenberger @coliiov.net ❑ Paulo Martins Utilities 252-4285 paulomartins @colliergov.net al ❑ Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna @colliergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279 matthewmdean @colliergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz @ colliergov.net ❑ Michele Mosca,AICP Comprehensive Planning 252-2466 michelemosca @colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam @colliergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree @colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero @colliergov.net -R John Podczerwinsky Transportation Planning 252-5890 johnpodczerwinsky @ colliergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard @colliergov.net ❑ Fred Reischl,AICP Zoning Services 252-4211 fredreischl @colliergov.net ❑ Stacy Revay Transportation Pathways 252-5677 stacyrevay @collierov.net 7"Brett Rosenblum,P.E. Utility Plan Review 252-2905 brettrosenblum @colliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaeisawyer @colliergov.net ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt @colliergov.net ❑ Chris Scott Planning and Zoning 252-2460 chrisscott@colliergov.net D Daniel Smith,AICP Landscape Review 2524312 danielsmith@colliergov.net ; D Scott Stone Assistant County Attorney 252-8400 scottstone @colliergov.net • Mark Strain Hearing Examiner/CCPC 252.4446 markstrain @colliergov.net ❑ Carolina Valera Comprehensive Planning 252-8498 carolinavalera @colliergov.net ❑ Kris Vanlengen Utility Planning 252-5366 krisvanlengen @colliergov.net 41) ❑ Jon Walsh Building Review 252-2962 jonathonwalsh @colliergov.net li David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks @colliergov.net ❑ Kirsten Wilkie Planning and Zoning 252-5518 kirstenwilkie @colliergov.net Name Representing Phone Email 014.J EN4L/ 1Y- 13the.gow Cautex. az.2 4. i;s4eL VW*Cs 1/1.Ce. com ;ALA, e.- - It cgrr e„.4.06:0 • ALiciat_ Ay..!A-4a C51t tk.(*ov ?f7-01' ttiawoOd..ffermy_my.cotA, 4.1,7 CO 41 24,1-1;/oo ti4/a 9 1-cnA of'-f S 4110 DeselemKay Subject: Pre-app-PL20140001221 (PUDA) Location: Conf Room"C" Start: Wed 6/18/2014 9:00 AM End: Wed 6/18/2014 10:00 AM Recurrence: (none) Meeting Status: Meeting organizer Organizer: CDS-C Required Attendees: CARR@ABBINC.COM;AhmadVicky;Amy Lockhart-Taylor(lockha @collierschools.corn); AnthonyDavid; AmoldMichelle;AshtonHeidi;AuclairClaudine; BeardLaurie; BradfordAlison; BrethauerPaula; BrownAraqueSummer, BurtchinMark; CascioGeorge; CilekCaroline; CondominaDanny; CromerAaron; David Ogilvie; FleishmanPaula; HouldsworthJohn; JarviReed; KendallMarcia; Kur Gerald; LenbergerSteve; LevyMichael; McKennaJack; McLeanMatthew; MoxamAnnis; NawrockiStefanie; PattersonAmy; PaulRenald; PepinEmily; PodczerwinskyJohn; ReischlFred; RevayStacy; RosenblumBrett; SawyerMichael; ScottChris; ScottTami; SmithDaniel; StoneScott; StrainMark; SuleckiAlexandra;ValeraCarolina; VanLengenKris;WalshJonathan;WeeksDavid Optional Attendees: ScottTrinity; GibbonsMichael; UmschiedTom; BellowsRay; DeselemKay Planner: Kay Deselem ********************************************************************************************* *************** **************************************************** ********** 0P120140001221.jpgPL20140001221-2.j pg Project Type: Planned Unit Development Amendment Project Description: Minor or Insubstantial Change to The Mercato PUD. Modify the Residential "R" to identify Single Family use and setbacks. A reduction is anticipated in density and intensity. Existing Application Name: PUD Ord. 05-58 Meeting Type: Pre-Application Meeting r1.10 5'9 4 " 31 ( 1 x a 5 Preferred Date: No later than June 19 Unavailable Dates: Location: Mercato Way, Naples, FL, 34108, Parcel Number: 00177000603, 00177001000 Full Name: James A Carr Email: carrPabbinc.com Company Name: Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 Representing: The Mercato, LLP 1 Mercato MPUD • Insubstantial Change to a PUD Project Narrative The Mercato MPUD was approved November 15, 2005 as PUD ordinance 2005-58. Site development plans for multi-family housing was approved, and site infrastructure including lakes, roads and utilities have been constructed on the residential tract of the project. The original developer did not construct the approved multi-family buildings and the new owner desires to develop another product type permitted in the PUD in order to respond to current market conditions. Because of the constraints of the existing infrastructure, it is necessary for the current developer to modify the development standards for building separation in order to develop the new residential product type. The proposed zero lot line units where a reduction in building separation is requested adjacent to Pelican Marsh PUD are limited to 1-story and 2-story unit types. The 10' separation is the minimum separation necessary to develop with the new product type and mix of dwelling units. A conceptual plan for the product type and building configuration has been enclosed in order to demonstrate the proposed development scenario for this tract. The proposed changes to the PUD to support the conceptual site design are minor in nature and will created no external impacts to the adjoining properties external to the Mercato MPUD. The minor changes are internally consistent with the Mercato MPUD • and the proposed revisions have been discussed with and approved by the owner of the adjacent mixed use tract of PUD. A deviation is also being requested from the 60' ROW typical street section to allow a 24' wide access easement to serve the residential component of the PUD. A deviation has been requested to permit zero lot line product types to have windows on the zero lot line side of the buildings. • �� Mercato MPUD ��" AmendOrdinanceNumber2DD5' 8 SECTION IV, ENTITLED"RESIDENTIAL DEVELOPMENT AREAS"OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 2005-58,THE MERCATO MPUD, IS HEREBY AMENDED AS FOLLOWS: TABLE I MERCATO PUD DEVELOPMENT STANDARDS FOR 'R"RESIDENTIAL AREAS AND"MU" BUILDINGS R R R MU �� ` �� ____ Multi-Family Multi-Family Single Family EPermitted Uses and Single Family Dwellings Dwellings ��ached,TwoFami�ds Zeno�tUne above and Townhouse commercial Minimum Lot 4,000 1,700 SF N/A N/A -_--- Minimum Lot Width' ___ 40' 17' N/A N/A Minimum Lot De th 100' i N/A N/A F ro ntYan d�" 15' 15' 15' _ N/A r Side Yards DorVS. OorG' 15' 0' �_ 410 Rear Yard Rear Yard Accessory 15' 10' 15' 10' 15' 10' 0' 0' Preserve Principal 25' 25' 25' 25' --- - - ' Accessory 10' 10' 10' 10' 4 stories over first floor . commercial over 1 o not to exceed KxaximumBldg Height 35' 3S. level of zoned height parking of 63'and actual height of 72' Distance Between Detached Principal 12104 12' 12' 0' 5tmcutes2-73 Floor Area Min. 1,000 SF 1,000 SF \ 1,000 SF 750 SF _ All distances are in feet unless otherwise noted. 1 - Minimum lot width may be reduced by 2096 for cul-de-sac lots provided the minimum lot area requirement ismaintained. • Words underlined are additions, words o4Fwolc-4*reugh are deletions w*rcumMrmD,/nopLxo/*000/2o Last Revised 08/15/2014 Page/^fx 2—Zero foot(0')minimum side setback on one side as long as a minimum 42-10-foot separation between • principal structures is maintained for zero lot line units. 3 — Building distance may be reduced at garages to a minimum of 0 feet where attached garages are provided. 4—Front yard setback shall be measured from back of curb. Building front entry garages shall be set back a minimum of 23 feet from edge of any provided sidewalk. The minimum 15 foot front yard may be reduced to 10 feet where the residence is served by a side-loaded or rear entry garage. 5. — Side yards for accessory uses in single-family attached, two-family, townhouse, and multi-family dwellings shall be the same as for principal structures. 6. — Buildings located adjacent to the Pelican Marsh PUD shall be restricted to a maximum height of 2 stories, not to exceed 35 feet in height. • Words underlined are additions;words strue through are deletions Mercato MPUD,PDI PL20140001221 Last Revised 08/15/2014 Page 2 of 5 • TABLE OF CONTENTS OF EXHIBIT "D", ENTITLED "MERCATO DESIGN GUIDELINES" OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 2005-58, THE MERCATO MPUD, IS HEREBY AMENDED TO ADD AS FOLLOWS: EXHIBIT D MERCATO DESIGN GUIDELINES Table of Contents *** *** *** *** *4* Text break *4* *4* *4* *** *** EXHIBITS Exhibit A Typical Main Street Landscape Design Plan Exhibit B Typical Side Street Landscape Design Plan Exhibit C Typical Parking Garage Landscape Area Exhibit D Typical Rear of Main Street Buildings Landscape Design within Parking Area Exhibit E Typical MU/R Interface Landscape Area and Residential Parking Garage Interface Exhibit F Typical Street Tree Landscape and Building Foundations Planting Plan Exhibit G Residential Street Cross-Section S • Words underlined are additions;words struck-through are deletions Mercato MPUD,PDI PL20140001221 Last Revised 08/15/2014 Page 3 of 5 SECTION VI OF EXHIBIT "D", ENTITLED "MERCATO DESIGN GUIDELINES" OF THE PUD DOCUMENT 410 ATTACHED TO ORDINANCE NUMBER 2005-58, THE MERCATO MPUD, IS HEREBY AMENDED TO ADD AS FOLLOWS: *** *** *** *** *** Text break *** *** *** *** *** VI. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 10.02.04 of the LDC. The proposed primary entry road shall be designed and constructed in accordance with Chapters 4 and 6 of the LDC. Other roadways within the Mercato MPUD shall be designed and constructed in accordance with Chapters 4 and 6 of the LDC with the following substitutions: a. Streets and access improvements 1. Construction Standards Manual,Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000)feet. 2. Construction Standards Manual,Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a 20 foot • radius (face of curb) for all internal project streets and a 35 foot radius for intersections at project entrances. 3. Construction Standards Manual,Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 4. Access Management Policy, Resolution No.01-247 The project entrance on Vanderbilt Beach Road shall be permitted to be signalized upon meeting County requirements. 5. Residential Street Cross-Section Deviation From LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right-of-Way Design Standards,which establishes a 60-foot wide local road to allow a...24'' wide access easement to serve the residential component of the PUD. See Exhibit G, Residential Street Cross Section. This deviation is applicable to the "R" Residential Development Areas only. 6. Standards for Cluster Residential Design Deviation • Words underlined are additions;words strue -through are deletions Mercato MPUD,PD!PL20140001221 Last Revised 08/15/2014 Page 4 of 5 From LDC Section 4.02.04.D, Standards for Cluster Residential Design, which requires the zero lot line portion of the dwelling unit to be void of doors or windows where such wall is contiguous to an adjoining lot line to allow windows along portions of the principal building that is on the zero setback line. This deviation is applicable to the "R" Residential Development Areas only. • • Words underlined are additions;words Sin ek-threugh are deletions Mercato MPUD.PD!PL20140001221 Last Revised 08/15/2014 Page 5 of 5 Exhibit G Residential Street Cross-Section 24' /--10'D.E./U.E.,le 11:r C E Ai E.--/I (PRIVATE) ■ ACCESS - - ——EASEMENT (PRIVATE) 1 , I (PRIVATE) P/I. 10'MIN.—-7 FRONT 1 1 FRONT SETBACK 1 I SETBACK TO CURB I I TO CURB 5' Wide Sidewalk _.1 0'- .04- 1 0' #7( 2'Valley Gutter/Curb concrete or pavers .. SNV 1 1 N EASE • Proposed Bldg. ,. Proposed Bldg. / _ . 2' Valley Gutter/Curb Existing 8" PVC San. Sewer ---' 0 (Location varies per plan) 1 (Th — Existing Storm RCP Pipe Existing 10" PVC Watermain (Location varies per plan) (Location varies per plan) TYPICAL SECTION N.T.S. For "R" Residential Development Areas • S Mercato MPUD Deviation Justifications Deviation 5: Deviation#5 seeks relief from LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right-of-Way Design Standards, which establishes a 60-foot wide local road to allow a 24' wide access easement to serve the residential component of the PUD. See Exhibit G, Residential Street Cross Section. Justification: The proposed 24'wide access easement is sufficiently wide to accommodate the required roadway improvements. Utilities and sidewalk can be placed within easements outside the access easement. The internal project road will be private and the standard public ROW is not necessary for internal traffic volumes. The proposed 24' wide easement would otherwise be permitted if the units were proposed as multi-family dwellings. The developer intends to develop zero lot line dwelling units within the development footprint previously approved for multi-family development. The sidewalk on one side of the proposed access easement was previously approved by Ordinance 2005-58. Also, Section 6.06.01.N of the LDC states "Private street right-of-way widths and design may be determined on a case-by-case basis in accordance with Chapter 10. In the event that the applicant does not apply for a preliminary subdivision plat, the applicants engineer may request that the County Manager or his designee approve an alternate private right-of-way cross-section". The developer needs to have certainty of the access easement before proceeding to final subdivision design. Deviation 6: Deviation #6 seeks relief from LDC Section 4.02.04.0, Standards for Cluster Residential Design, which requires the zero lot line portion of the dwelling unit to be void of doors or windows where such wall is contiguous to an adjoining lot line to allow windows along portions of the principal building that is on the zero setback line. Justification: As preliminarily designed, it is intended that accessory structures such as walls, pool enclosures or garages would be located at the zero building setback line. Portions of the principal building could be located at the zero setback. The developer desires to have flexibility to allow for window and door openings on the principal building where it is not located on the zero setback line and a 10-foot principal building separation is maintained. Mercato Deviation Justifications doe Page I of I 1 1 Exhibit G Residential Street Cross-Section 0 Y•10'[?.E IU.E....if _.__...... ACCESS ........._.. .... _._._..,/...10`OEJU E.—e?' (PRIVATE) I EASEMENT (PRIVATE) 1 1 (PRIVATE) P P(L /L c.._...—Ur MIN.-4' ,;'—10'MIN...........; FRONT , , FRONT SETBACK ' SETBACK TO CURB I TO CURB 5'Wide Sidewalk J ssn ,` 10' / 10'--/may - 2'Valley Gutter/Curb concrete or pavers ; SM! �/, • Proposed Bldg. 'N ,�' Proposed Bldg. _. ._..._.... f° -I"L 2' Valley Gutter/Curb Existing 8" PVC San. Sewer 1 o- ' �! (Location varies per plan) / 0. . `f` _ Existing Storm RCP Pipe Existing 10" PVC Watermain (Location vanes per plan) (Location varies per plan) TYPICAL SECTION N.T.S. 0 INSTR 5010152 OR 5060 PG 563 RECORDED 7/23/2014 8:12 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOCg.70 594,500.00 REC 535.50 CONS S13,500,000.00 • Prepared by to: Matthew L.Grabinski,Esq. Coleman,Yovanovich&Koester,P.A. Northern Trust Bank Building 4001 Tamiami Trail North Suite 300 Naples,FL 34103 239-435-3535 After recording return to: Collier Insurance Agency,LLC Attn:Brad Stockham 2600 Golden Gate Pkwy. Naples,FL 34105 239-403-6869 Parcel Identification Numbers: 0017700060 OgI7' I I51 0,`,.-, ,S iectal Warranty Deed.., This Special Warranty teed' made-,this 72_ day,of July, 20,14 between The Residences at the Mercato, Inc., a Florida corporation,,w1tose t:office_ad rss,i endow Katie Sproul, 2600 Golden Gate Parkway,Naples, Florida 34105, fraotor,and, rwatn + 1d Vs-lies}, C,a Florida limited liability company , • whose post office address is attention;,Ildw rtf Ghttgary, 206 GuffS re lt3aulevarc(North,Naples,Florida 34103, grantee. (Whenever used herein the'i�frtnti ancf griiatee Guff all-the parties to this instrument and the heirs, legal representatives,and asswis of individuals, and the success0rilcad assigns of corporations,trusts and trustees) 1 J --"• Witnesseth, that said Grantor, for and i 5t>nnsideratian of the suing ..r AND NO/100 DOLLARS ($10.00) and other good and valuable considerations-to skid � not in"-hand p ia,by said grantee,the receipt whereof is hereby acknowledged, has granted, bargained, and``cra�;tha,si1(t rantee, and grantee's heirs and assigns forever, the following described land,situate,lying and being in Coltiei"County,Florida,to-wit: See attached Exhibit"A" Subject to: (a) ad valorem real property taxes for the year 2014 and subsequent years; (b) zoning, building code and other use restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral interests of record; and (d) the following restrictions, reservations,and easements: 1. Declaration of Covenants, Conditions,Restricions and Reservations of Easements for Mercato as recorded in Official Records Book 4223, page 854,together with Conditional Waiver of Rights recorded in O.R.Book 4985, page 242,all of the Public Records of Collier County,Florida. 2. Perpetual Easement between Ocean Boulevard South, LW, a Florida limited liability partnership and the State of Florida Department of Transportation, its successors and assigns recorded in O.R. Book 2482, Page 3011, Public Records of Collier County, Florida. 3.Grant of Easement recorded in Official Records Book 4068,page 994,of the Public 410 Records of Collier County,Florida. 332952 3 7/14/2014 oR 5060 PG 564 I 0 4. Easement to Florida Power and Light recorded in Official Records Book 4332, page 3201,of the Public Records of Collier County,Florida. 5.Grant of Easement recorded in Official Records Book 4451,page 527,of the Public Records of Collier County,Florida. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by,through or under grantor. \AIT:-.:R CO(r.,;( \ / erg t i 110?KIT \ ‘ ! 1 c10) 1 r" • 1, , ,.._, ,,,,,,,\ -,,,c i to/ \\(f.,.\,,,,,,,„, ,,,47,./ ,....,/ 0,-;-,....__ _.....„,,,,,s/ Vii: ,:411 ., Special Warranty Deed-Page 2 332952.2 7/1012014 OR 5060 PG 565 0 In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sealed and delivered in our presence: THE RESIDENCES AT THE MERCATO,INC., a Florida corporation Witness Name, ;ac..�?c!uo el,: 5,.Tp 1t.i ' ABy: 6 1 6).WW itness Name: a " Print Name:___�3_•.(e. ."= .1-- Its, 1.Ja"r.e•. 'Peesi e.-•1.4- State of Florida LEER COT>, County of Collier Y before me phis _ day of July, 2014, by The foregoin instrument was/act�tpsvledge$ .� is ti+7aCeL." 6eC. � ofThe'Residences at the Mercato, Inc., a �ll 'known to me or [,�has produced Florida co ration, on behalf r f ca€l�corp�Prattt l;w atMp S y as idea ft at if-) � , , I \ „ ,‘ ,.,\.,..4 ..,!„...2„, Li ' �4,,,,,..�yy,��, Austri id Howell ,e,„ ' r::„..,--//� t ' S+0:1SA1!!'Si `7,1Itn85 4 '` 1►►, _.. [Notary Seal] ." /wEXPW } A 'it8 Notary P' ic,`ft `` ``� ` 'ti°,:;,*� 1stROREDAAK 1;1,C .__ iffftfed,"1 arnt: Kj c'i QJN1O N�\ '.� _1 i (_I i.Lpmi'nission Expires: 332952.2 7!1012014 Special Warranty Deed-Page 3 .. ..... .......... *** OR 5060 PG 566 *** S EXHIBIT"A" LEGAL DESCRIPTION OF THE PROPERTY DESCRIPTION OF TRACT"R" PART OF SECTION 34,TOWNSHIP 48 SOUTH,RANGE 25 EAST COLLIER COUNTY,FLORIDA COMMENCING AT THE SOUTHWEST CORNER OF PELICAN MARSH UNIT TWO AS RECORDED IN PLAT BOOK 22,PAGES 41-48,INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA ALSO BEING A POINT ON THE EASTERLY RIGHT-OF-WAY OF U.S. 41, TAMIAMI TRAIL NORTH; THENCE NORTH 89°20'48" EAST ALONG THE BOUNDARY OF SAID PLAT A DISTANCE OF 12321 FEET TO THE POINT OF BEGINNING OF TRACT "R" HEREIN BEING DESCRIBED: THENCE CONTINUE NORTH 89°20'48" EAST A DISTANCE OF 81.34 FEET TO THE BEGINNING OF A CURVE THENCE EASTERLY 615.18 FEET ALONG THE ARC OF A SAID CURVE CONCAVE SOUTHERLY HAVING A RADIUS 826.09 FEET, THROUGH A CENTRAL ANGLE OF 42°40'04" AND BEING SUBTENDED BY A CHORD WHICH BIs ,R $QU, 699 19' 10" EAST 601.07 FEET; THENCE SOUTH 47°59'08" EAST 100.03 FEET TO THE BE INv OJ'A FI.;ULAR CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 800.00 FEET THENFE‘SOUTHEASTERLY-14017 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2.9`4....957'' AND BEING SUBTENT ED.BY A CHORD WHICH BEARS SOUTH 62°59'07"EAST 414.10 FEET;THENCE SOUTH.77°5505"EAST 144.30 FEET'CO THE BEGINNING OF A CIRCULAR CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS-OF 395.00'FEET THENCE SOUTHEASTERLY 598.01 FEET ALONG THE ARC OF SAID CURVE"CJIROU A CENTRAL.ANGLE OF 86°44'36"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 3 `AST,S42` 1,a i THENCE SOUTH 76°39'52" WEST 2I281 1 FEET (FO1 THE i 'EGIIIN11 .F A CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAVING A RADR. O i.05 iii,FE T T NCE W T RLS 53.57 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL .ANGLE F"29°141047'AN 1 ',+SUBTENDED BY A CHORD WHICH BEARS SOUTH 62°02'50"WEST 53.0Q F "'I;THENCE SOUTH 47 25'48"W S 1 46.46 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A P4VILIE OF-44.00 FEET THENCE WESTERLY 4425 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL A1~G E'OF 57°37' 18"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH'7. °!I4t"WEST 42.41 FEF 'T4IE1SCE NORTH 74°56'55"WEST 20.83 FEET TO THE BEGINNING OF A CIRCULAR\C. Vim; ' CAVE 01./ RLY HAVING A RADIUS OF 55.00 FEET THENCE WESTERLY 45.16 FEET ALONG THL� A pJVE THROUGH A CENTRAL ANGLE OF 47°02'47' AND BEING SUBTENDED BY A CHORD WHICH BEARS°SOUTH 81°31'41" WEST 43.90 FEET;THENCE NORTH 55°16'18"WEST 1122.32 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE WESTERLY HAVING A RADIUS OF 282.76 FEET THENCE NORTHERLY 39.06 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°54'53"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 16°03'09"WEST 39.03 FEET TO THE BEGINNING OF A COMPOUND CURVE,CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 180.98 FEET THENCE NORTHWESTERLY 17525 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55°28'46"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 47°44'43"WEST 168.48 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHERLY HAVING A RADIUS OF 465.01 FEET THENCE WESTERLY 77.61 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°3347"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 80°15'54"WEST 77.52 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 393.00 FEET THENCE WESTERLY 55.61 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°06'30" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 80°59'33" WEST 55.57 FEET; THENCE NORTH 19°22'52"WEST 26.39 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 371.00 FEET THENCE NORTHERLY 122.00 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF I8°50'29"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 65°19'52"WEST 121.45 FEET TO THE BEGINNING OF A COMPOUND CURVE,CONCAVE NORTHEASTERLY HAVING A RADIUS OF 50.99 FEET THENCE WESTERLY 49.76 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55°54'25"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 27°57'25"WEST 47.81 FEET; THENCE NORTH 00°00'12"WEST 85.23 FEET TO PELICAN MARSH UNIT TWO AND THE POINT OF BEGINNING OF TRACT"R"HEREIN DESCRIBED. CONTAINING 11.06 ACRES OF LAND MORE OR LESS. Special Warranty Deed-Page 4 332952.2 7/10/2011 Mercato MPUD • List Identifying Owner(s) and All Parties of Corporation Owner Percentage of Ownership Mercato Residences,LLC 100% 4200 Gulf Shore Boulevard North Naples, Florida 34103 Officers/Stockholders Percentage of Ownership/Stock Scott Lutgert 100% o • • Page 1 of 1 cot fe " Coun v COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION/ NAPLES. FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 WWW.Colliergov.net AFFIDAVIT We/I, Mercato Residences LLC being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form,whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete,and all required information has been submitted. As property owner We/I further authorize Q. Grady Minor and Associates, P.A. to act as our/my representative in any matters regarding this Petition. Mercato Residences 1,17f +; a Florida corporation Wi By: The foregoing instrument was acknowledged before me this -A5--- day day of ,Tc c ,2014, by 14ct:Jc Cd P). `�� NV ri who ispersonallX.known tQmgor has produced as identification. (Signature of Notary Public) OFFICIAL NOTARY SEAL 'S REBECCA L.RANDOLPH f. ` ..f NOTARY PUBLIC STATE OF FLORIDA (Print,Type,or Stamped Commissioned COMMISSION NO.FF 30958 MY COMMISSION EXP.AUG.18,2017 Name of Notary Public) S . �` v 0 � COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ 2E100 NORTH HORSESHOE DRIVE NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (2311)252-5724 Vtwitcoujosisada j'3 2i t.c.' .„41 ,sz ... 1 Q f .. At -at'0 .;Y n - 4. . R e r::01.' 0 , S - . Please complete the following end fax to the Operations department at 239-252.5724 or submit In person to the ,& drelaing Depertnerd at the above eddraas. Firm mu _he sinned!by AddresSIM betlortrel peter to ere $ooI1 p mee#na.aiesea Allow 3 psy2 for proc.imlttq. Not all items will apply to every project Items in bold type are required, FOLIO NUMBERS MUST BE PROVIDED. Forms older than B months will require additional review and approval by the Addressing Departmnent, PETITION TYPE(lndicars 4tpe below, complete a separate Addressing Checklist for each Pet ion typal CI 13L,(Etaating Permit) 0 SOP(Sire Development Pttn 0 an(Boat Omit Extension) 0 SOPA($DP Amendment) Cl CarnivailCirout Perrnit StPI grisubrIterdial Gunge to SDI') (D CU(Conditionaaai Use SIP(Site improvement Pian) 0 EXP(Exceetston Pan°nit) SIPI(Insubstantial Ohmage to SIP) Ci FP(Final Plat SNR(Street Name Change) DLL.A!Lot LineAd;:ast'rnerx) SNC(Street Name Change..Un attmdi PNC(Project Name Change) TOR(Transfer of Desetopment Rights) PPL(Plans&Part Review) VA(Variance) PEP(Pratim+itmxry Subdivision P?at) VRP(Vegetation Removal Permit;) ��O Rezone Q VRSFP(Vegetation Removal&Site Fill Perreiti R2(Standard Re one) [i] OTHER r. Ctrv, sn FUO Tar 0 LEGAL,DESCRIPTION of subject property or properties today of ten”,descrtptbn maybe attached) Please see attached. ' FOLIO(Property ID)NUMBER(e)of above(attach to,or a easecitr.u4th,legal description if more than ores) 00176760009 9rd67-9099F9l .- See rA'/L-tot<,4 t t STREET ADDRESS Or ADDRESSES(as appfrcable,If already assigned) NO SITE ADDRESS(NORTHEAST CORNER OF US 41 AND VANDERBILT BEACH ROAD) • LOCATION MAP must be attached showing exact location of project/site In relation to nearest public road right- of-way • SURVEY(copy-needed only for unpietted properties) PROPOSE))PROJECT NAME(if eopllcat ) The Mercata PROPOSE)STREET NAMES 6f applicable) SITE OEV ELOPMENT PLAN NUMBER(for existing PIPisolei####only) SDP �._ crAR or PL# 7988 *` i. ell‘:;0k. {. ill comnty OOLUDI CAI,WTY OOVERh1MENT WOO NORTH HORSESHOE DJVEE • ORMAITH 6ii $.&OEMENT DIVOSPrMU NAPLES,i'LO 11OA 34104 Pr.ANNFNC.AM)REOULATtOP (2310 262-24 FAX (2381 2$24724 Mat1/4221ALMC V NET 4mAt Ammo.wwwsww*aa'aaR[K aa:ax.s+w�rw+aarYMAYIIifi aSfl NYwv�.'aww. $ *t *M war�wwwnr-- .ns. a�.,a.a.�wwaser�wfYiY Project or Citvelopmrsrrt orsmee proposed far,or eireacly appeenng ,context iinium documents(H appiicution; :11t ici►te vtttc3ha•r propose d or exirsthg) PP as®Chrclt One is Checklist it to be Fano bank El Personally Piked Up -APPLICANT NAME- Jim Carr Pricu,a(239) 597-3111 FAX (239) 568-2203 Signature on Addressing Checklist does rot constituter Project and/or Street Name eppfuvsiri and is subject to further review t?y the Operations Department, FOR STOW t13C ONLY • Fi.N Number(P ary) •�, c' �►C6,��d� Folic Number----- Pao Number _.ti. r`oR ?Number_ Appc ie by; :11 e,rta (1-? •-( ,.1 Updated My: �' bate: F OLDER THAN 6 MONTHS, FORM MUST SE UPDATED OR NEW FORM SUBMITTED hhaEar P a¢ S .........._._..... . i I lilll , , s C Q 1 • ' 411 ; '$ %I ; (wl"..ml it"` w.r.. ! 41 •A g �..�n ttl MIS Zia.. !. 1.8 :3 a; 'i74 ti1.Mf z Z ` ' Ll. moo, (won Iklivvion:w Al0,1N wi "' w,;_ w. 7113 � i , f 1 11' • � i,'7 . =.•? = r E9 '7 7 :�sJ 77a , i , r I g 212 x 21 I i 1317 I-22!2 2:*12:sl .gi l gig iiii DVS 3 5rx x x it ) I I 1 1-1111 x�x 9 ;3 $,4i 1- gi� 11:toliiikkg i ( Q i 5J'G� j iypa� !Zi li 1 if fo i g$ ( �� i � .Gi v Qvv v v ✓tV�iU 3t. �4 �i'<�K t�< 6•<�< <:�4' i�d�Q Q a�4 a < i<4 d <lij<tK a ,4 <;t-< s 4 rC'�<{< i � i w w � u ui-wim f Cf:R 1•/i i.. 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COCCHBATOME COCOHATCHEE 7ANIAAI PROFESSIONAL !...MADEIRA r-71- I- R1VER TRUST CATER +....L...._^_,____-, V VANOERBILT 21 t �! "`Y"`� NORTH 23 NAPLES PEER BLVD. 24 20 NLLAS �um � $'l 1�� MEDICAL MEDICAL OFFICE `�,» TRACT 21 • DUHES .... r__..._ Pi A2A 71 O SFIEAL�TFIor DEVELOPMENT WMDKAIEE VOLLOUCIFIRY snet.LAKE j PAM( OEIERAN'S\\\\ D TE L Y VI LAS _ NAPLES-IMMOKALEE it PARK ''T+" CATp1 ROAD (C.R.848) COMMONS ---�-. MMUS CDVE7ITRY GRANAAI(ttA i CYNEEit'SDE , {I w SQUARE STNDPF'ES CDIN141iCE y, BEY Q7N1ER AFKIL ST. JOHN -_._. .. _ _ RIEGENr THE EVANGELIST � -"'....._.. / CONVALESCENT P, 1 Cl`. EI CA CNURCH NAPLES NDRTNSIDE 1 n, ? DAA.Y Mews �� EOIGAL(s) VANDE1mLT m 28 .._':- Y7 26 BEACH w`' STOgEBREIDE ESTATES oZ NAPLES 25 x sormil PARK Zi _. z3� PELICAN .a:., T LAKE LSTA'�' ro PROJECT 1 .-...- ilW WRAUA PALAKE LO C AT I O N O PE11GN + PELICAN O VILLAS 35 0 cc P"..............!' - MARSH 2..-. � VANDEReIIT (DRI) 3" {0) z ill D cc 33 - � WALGREENS P 35 VENETIAN ti �i PARKER LAKE O > 6 IE 1` �, PLAZA VANDERBLT BEACH ROAD • �._ ....�ar.� ^ g I ..._....111 IR. AR/ VINEYARDS ITJ : p _ _ 11 _BRIGHTON CDRI; N HCAVDIIY u. GARi1f�1S,,,.. ,___... MONTEREY (' cl Ai EMERALD ! ONUS q'+ + P B J _ POE LACES 1 GARDENS DA)( 2 ..� _. 2 4 3 4AfI ''S I , 4 LAGOON MOVE a o °.,L rf 1 LDi170: HugG O Ltd nW L I BMRST ' Ia- O [= 5UaST E cAmc J 1 0 VIL GE REM — 1 —. OAK p _.... '{1 W k j 4 KEYSTONE *tic PAIbt � / { g PLAN . PARK i- •fir CI SQUARE ilk 811 LAKE CYPRESS vl 1 OOUMO'IIMIS JAEGER f ( � TMLSUwER1M7D ' " o SDUARE``1 -1 cGCcRNEERS '�.., t Ix,R�dEd mm_- PINE RI1/LIE ROAU ..._. ... _ ._ - -- -....�=mom —....�,�..,-...... 0 1��-^ x_. l ' PINE RID \ re FAALLS J IEAD01103ROCK KLATEDI if /AXED USE I TOREST _ '.. OY'4TT.R P LAKES 15 14, NAPLES 13 HIWASSE,,.+" BAT.C. MODRI NGS _._. KENSINGTON ,_ PARK J- TIMBER ••I PARK i...WO EvANSI EI- TE IE RLD • ■ .__.CTTYi£R LOCATION MAP GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects August 6, 2014 Mr. Mark Strain Collier County Hearing Examiner 2800 Horseshoe Drive North Naples, FL 34104 Re: Mercato MPUD PDI-PL20140001221 Dear Mr. Strain: We respectfully request a waiver from the requirement to hold a Neighborhood Information Meeting (NIM) for the above-mentioned PUD Insubstantial Change application. The proposed request is a minor change to the approved internal setbacks for zero lot line unit types and does not change the land uses or intensity as previously approved in Ordinance 2005-58. The modification will not have any impact on adjacent properties internal or external to the Mercato residential area. Please contact me if there are any questions regarding these submittals. Sincerely, D.Wayne Arnold,AICP c: Mike Hoyt GradyMinor File 410Q. Grady Minor&Associates,P.A. Ph.239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com 77--- *iAi 4061 • 1 t m ORDINANCE NO.05- 58 w AN ORDINANCE OF THE BOARD OF COUNTY�e'eta90"- COMMISSIONERS AMENDING ORDINANCE NUMBER .. 04-41 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING 7' REGULATIONS FOR THE UNINCORPORATED AREA-OF 1 COLLIER COUNTY, FLORIDA BY AMENDING E APPROPRIATE ZONING ATLAS MAP OR MAPS; 'BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE (A) AGRICULTURAL ZONING DISTRICT TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE MERCATO MPUD. THE PROPOSED USE 1S FOR A MIXED-USE DEVELOPMENT WITH RETAIL, OFFICE, RESTAURANT, HOTEL AND MULTIPLE FAMILY USES LOCATED AT THE NORTHEAST CORNER OF VANDERBILT BEACH ROAD (CR-862) AND TAMIAMI TRAIL NORTH (US-41), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 53+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS,D.Wayne Arnold,AICP,of Q.Grady Minor&Associates, P.A.,and George Varnadoe, of Cheffy, Passidomo, Wilson & Johnson, representing The Lutgert Companies, petitioned the Board of County Commissioners to change the zoning classification of the herein III described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION..QN ; The zoning classification of the herein described real property located in Section 34, Township 48 South,Range 25 East,Collier County, Florida,is changed from the(A)Agricultural Zoning District to the MPUD Zoning District for the Mercato MPUD. The proposed use is for a mixed-use development with retail,office,restaurant,hotel and multiple-family uses in accordance with the Mercato MPUD Document,attached hereto as Exhibit"A"and incorporated by reference herein. The appropriate zoning atlas map or maps; as described in Ordinance Number 04-41, as amended,the Collier County Land Development Code,is hereby amended accordingly. SECTION TWO; This Ordinance shall become effective upon filing with the Department of State. S Page 1 of 2 PASSED AND DUL1 ADOPTED by the Board of County Commissioners of Collier County,Florida,this /5'day of 1 ✓0442005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA 7`-` - w hA ATE';,.,;, BY: - U TT p IC FRED W.COYLE,CHAIR AN AtaYistoCMI E K steryt i1,1 j,. `Approv&d,aito F'drm aitd'l. $aI Sufficiency Marjorie .Student-Sterling Assistant County Attorney PUDZ-2009-AR4422,Marcelo PUD/RB/sp • This ordinance filed with the rIts tort'okldi o Stote's ffice t a day and ocknowledgerneRESithat filing received this GS day S S Mercato A MIXED USE PLANNED UNIT DEVELOPMENT 53±Acres Located in Section 34, Township 48 South,Range 25 East, Collier County,Florida PREPARED FOR: Collier Lutgert Commercial Properties,LLP 4200 Gulfshore Blvd North Naples,Florida 34103 SPREPARED BY: Q. Grady Minor&Associates 3800 Via Del Rey Bonita Springs,Florida 34134 And George L. Varnadoe,Esquire Cheffey Passidomo,Wilson and Johnson 821 51h Avenue South Naples,FL 34102 EXHIBIT"A" S MERCATO PUD(BCC 11-15-05 Re%clean)DOC TABLE OF CONTENTS • PAGE STATEMENT OF COMPLIANCE iii SHORT TITLE iv SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,& 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III MIXED USE 3-1 SECTION IV RESIDENTIAL 4-1 SECTION V PRESERVE 5-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1 S S MERCATO PUD(BCC 11-15-05 Rev clean)DOC LIST OF EXHIBITS EXHIBIT"A" MPUD CONCEPTUAL MASTER PLAN EXHIBIT"B" CONCEPTUAL DRAINAGE PLAN EXHIBIT"C" LEGAL DESCRIPTION EXHIBIT"D" DESIGN GUIDELINES EXHIBIT"E" CROSS SECTIONS S S MERCATO PUD(BCC 11-15-05 Rev clean)DOC 11 STATEMENT OF COMPLIANCE • The purpose of this Section is to express the intent of the property owners, The Mercato, LLP and The Residences at the Mercato Inc., and the applicant, Collier Lutgert Commercial Properties, LLP, hereinafter referred to as the developer, to create a Mixed Use Planned Unit Development (MPUD) on 53± acres of land located in Section 34, Township 48 South, Range 25 East, Collier County, Florida. The name of this Mixed Use Planned Unit Development (MPUD) shall be Mercato MPUD. The development of the Mercato MPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The development will be consistent with the growth policies and land development regulations adopted pursuant to of the GMP, Future Land Use Element(FLUE) and other applicable regulations for the following reasons: 1. Twenty-seven and seven tenths (27.7) acres of the subject property is located in the Urban Commercial District, Mixed Use Activity Center Subdistrict (Mixed Use Activity Center #5) as identified on the Future Land Use Map. The balance of the property is located in the Urban Mixed Use District, Urban Residential Subdistrict of the GMP. Greater than 51% of the northeast quadrant of the Activity Center is commonly owned and qualifies to utilize the Master Planned Activity Center provisions of the FLUE. The Mercato MPUD is consistent with the Master Planned Mixed Use Activity Center criteria of the FLUE, and the Conceptual Master Plan and PUD Document demonstrate compliance with the criteria. Maximum residential density permitted in a mixed-use activity center is 16 du/acre. The proposed 3.3 du/acre is consistent with permitted density in the Mixed Use Activity Center Subdistrict. • '. Improvements are planned to be in compliance with the applicable land development regulations as set forth in Objective 3 of the FLUE. 3. The development of the Mercato MPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. 4. The Mercato MPUD is a master planned mixed-use community and is planned to encourage ingenuity, innovation and imagination as set forth in the Land Development Code (LDC), Planned Unit Development District. 5. The Mercato MPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element of the GMP. 6. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Chapter 6 and Chapter 10 of the LDC. 7. The Mercato MPUD provides for vehicular and pedestrian interconnection to other properties within the Mixed-use Activity Center through an extension of the frontage road on U.S. 41. • MERCATO PUD(BCC 11-15-05 Rev clean)DOC dl • SHORT TITLE This Ordinance shall be known and cited as the "MERCATO MIXED USE PLANNED UNIT DEVELOPMENT ORDINANCE". S S MERCATO PUD(BCC 11-15-05 Rev clean).DOC 1V SECTION I • LEGAL DESCRIPTION,PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Mercato MPUD, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION See Exhibit"C". 1.3 PROPERTY OWNERSHIP The property is owned by The Mercato,LLP and The Residences at the Mercato Inc.,4200 Gulfshore Blvd North,Naples,Florida 34103. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 34, Township 48 South, Range 25 East. The site is generally bordered on the west by Tamiami Trail (U.S. 41);on the north and east by The Pelican Marsh PUD; and on the south by Fifth Third Bank building,and • Walgreen's,both zoned C-4,General Commercial, and Vanderbilt Beach Road. B. The zoning classification of the subject property at the time of PUD application is A, Rural Agriculture. C. Elevations within the site are approximately 8.5 feet to 12.5 feet above MSL. Per FEMA Firm Map No. 120067 193D, dated June 3, 1986, the Mercato MPUD is located within Zone X of the FEMA flood insurance rate map. D. Approximately 50% of the site is abandoned agricultural field. The remainder is naturally forested with exotics,pine flatwoods,and pine-cypress-cabbage palm. E. The soil types on the site generally include 02 — Holopaw fine sand, limestone substratum, 10 — Oldsmar fine sand, limestone substratum, 11 — Hallendale fine sand, 14—Pineda fine sand, limestone substratum,20—Ft. Drum and Malabar,high fine sands,27—Holopaw fine sand,and 32—Urban land as defined by the NRCS. F. The project site is located within the Collier County Water Management District. S MERCATO PUD(BCC I I-15-05 Rev clean)DOC 1-I • 1.5 PERMITTED VARIATIONS OF DWELLING UNIT TYPES. A maximum of 175 dwelling units are permitted within the Mercato MPUD. This maximum may include a mix of single-family attached, two-family, zero lot line, patio, townhome and multi-family dwelling unit types. Residential dwellings may be constructed within MU and R designated areas of the project. 1.6 DENSITY A maximum of 16 dwelling units per acre may be permitted within the Mercato PUD,due to its location within Mixed Use Master Planned Activity Center #5. The proposed maximum of 175 dwelling units represent a gross density of 3.3±dwelling units per acre. • 11 MERCATO PUD(BCC 11-15-05 Rev clean)DOC 1-2 .......__....... SECTION II • PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Mercato MPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Mercato MPUD shall be developed as a mixed-use community, which may feature a full array of commercial uses, residential dwelling types, and recreational amenities. The mixed-use component of the Mercato MPUD is intended to permit a lifestyle center arranged in a traditional main street design. The development shall feature a wide mix of retail, office, and restaurant uses oriented in a pedestrian friendly manner. Wide walkways, unique architectural features, a "town plaza", extensively landscaped streetscape, outdoor dining areas and courtyards will be characteristics of the Mercato MPUD. B. The Conceptual Master Plan is illustrated graphically as Exhibit"A". A Land Use Summary indicating approximate land use acreages is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of the preserve • area, water management features, and development tracts shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with the LDC. C. The Mercato MPUD is compatible with and complementary to existing and future surrounding land uses as required in the FLUE Mixed Use Master Planned Activity Center Subdistrict of the FLUE. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Mercato MPUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance)and the GMP which are in effect at the time of issuance of any development orders to which said regulations relate which authorize the construction of improvements, such as but not limited to, final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the.LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. 4110 MERCATO PUD(BCC 11-15-05 Rev clean)DOC 2-1 • B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance,Chapter 6 and Chapter 10 of the LDC,and a developers contribution agreement,if so executed. D. Unless modified, waived or excepted by this PUD, or by subsequent request, the provisions of all other sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Mercato MPUD Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Site Development Plans Division of the LDC (Chapter 10) shall apply to the Mercato MPUD, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code. G. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit, which characterizes the • initial development of any phase, shall be carried out throughout the development of that phase. 2.4 ROADWAYS Roadways within the Mercato MPUD may be privately owned and maintained. Standards for platted roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The developer reserves the right to request substitutions to Code design standards in accordance with Chapter 10 of the LDC. The Developer retains the right to establish gates, guardhouses,and other access controls as may be deemed appropriate by the developer on all internal and privately owned and maintained project roadways. The primary access drive connecting U.S.41 with Vanderbilt Beach Road, shall not be gated, and shall be open to the public. Roadways within the Mercato MPUD shall be designed in accordance with the Mercato Design Guidelines Document attached as Exhibit"D". • MERC TO['LID'BCC I 1-15-05 Res clean DOC 2-2 2.5 LAKE SETBACK AND EXCAVATION The lake setback requirements described in the Code of Laws and Ordinances, may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in the Code of Laws and Ordinances and subject to permit approval of the South Florida Water Management District. Removal of fill and rock from the Mercato MPUD shall be administratively permitted to an amount up to 10 percent per lake(20,000 cubic yards maximum),unless a commercial excavation permit is issued. 2.6 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations of improvements in the right- of-way. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Chapter 10 of the LDC. Minor changes and refinements to the Master Plan may • be made by the developer in connection with any type of development or permit application required by the LDC. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by a property owners' association,community development district (CDD)or similar entity. The developer shall create a property owners' association or associations, or similar entity, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The property owners' association, or similar entity, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and preserves serving the Mercato MPUD. S MERCATO PUD D(l'!I-I5•l)5 Rcv clean)DCX' 2-3 2.9 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Mercato MPUD. Landscape buffers shall be provided consistent with the minimum criteria for the Mixed-Use Activity Center Subdistrict. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms Perimeter 3:1 Internal to project 3:1 3. Rip rap or geotechnical product 2:1 4. Structural walled berms—vertical B. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Mercato MPUD boundary with County Staff approval at the time of preliminary subdivision plat, site development plan, or site improvement plan approval. C. Pedestrian sidewalks and/or bike paths may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer,the landscape buffer shall be increased in width equal to the encroachment in that location. D. Building perimeter landscaping and streetscape plantings in the mixed-use area shall deviate from the requirements of Chapter 4 of the LDC and shall meet the standards identified in Exhibit D,Mercato Design Guidelines. E. Perimeter walls and landscape features shall be permitted in MU and R designated areas of the PUD. Walls shall be permitted at a maximum height of 8 feet and shall be installed on a berm or at grade. 2.10 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Mercato MPUD. Fill material generated from other properties owned or leased by the developer may be transported and stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, the developer shall receive approval by the County Community Development and Environmental Services Administrator. The following standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six (6') foot high fence; otherwise,a 4:1 side slope shall be required. MERC TO PL'D(BCC'11.15.05 Ro.cicon)DOC 2-4 B. Stockpile maximum height: Twenty feet (20)'. No stockpile shall remain for a • period longer than one year. C. Soil erosion control shall be provided in accordance with Chapter 10 of the LDC. 2.11 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in Section 2.03.06 of the LDC. Design standards for the mixed-use components of the project shall be consistent with Exhibit"D"of the MPUD. 2.12 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Mercato MPUD except in the Preserve/Open Space Area. General permitted uses are those uses which generally serve the project, and residents of the Mercato MPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Water management facilities and related structures. 410 2. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 3. Guardhouses, gatehouses,and access control structures. 4. Parks and recreational facilities. 5. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways,parking areas and related uses. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this PUD. 7. Fill storage subject to the standards set forth in Section 2.10 of this PUD. 8. Benches, gazebos, fountains,plazas and open space uses. 9. Collier Area Transit(CAT),and other mass transit facilities. MERC:\TO PUD 113(C !1-1:-05 Rc%clean)DOC 2-5 • B. Development Standards: Unless otherwise set forth in this Document, or as noted in Table 1, the following development standards shall apply to structures: 1. Setback from the back of curb or the edge of pavement of any road - Twelve feet (12') except for transit stops, guardhouses, gatehouses, decorative architectural features, fountains, walls and access control structures which shall have no required setback. 2. Setback from PUD boundary: See Table 1, Development Standards and Section IV of this PUD. 3. Maximum height of structures: See Table 1, Development Standards and Section IV of this PUD. 4. Minimum floor area: None required. 5. Minimum lot or parcel area: None required. 6. Standards for parking, landscaping, signs and other land uses where such • standards are not specified herein are to be in accordance with the appropriate sections of the LDC in effect at the time of site development plan application. 2.13 OPEN SPACE REQUIREMENTS The Collier County LDC requires that mixed-use projects maintain open space at a minimum of 30%of the project area. The PUD Master Plan identifies preserves, lakes,and buffers as open spaces. These areas, in conjunction with open space areas included within the Residential District, will satisfy the 30% open space requirement of Section 4.02.01 of the LDC for mixed-use developments. 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS Native vegetation shall be provided as required in the Conservation and Coastal Management Element (CME) of the GMP and Chapter 3 of the LDC. Drainage easements extending through preserve areas shall be replanted with native vegetation and shall be accepted as preserve areas for the project. 2.15 SIGNAGE All signs shall be in accordance with Chapter 5 of the LDC in effect at time of their permitting, unless otherwise specified herein and in the Design Guidelines, Exhibit "D". S MERCATO Pt1D(BCC 1 I-15-05 Re■ .leant DOC 2.6 Signage design shall be carefully integrated with site and building design. Creativity in • the design of signs is encouraged in order to emphasize the unique character of the Mercato MPUD. 2.16 SIDEWALKS/BIKEPATHS A. Pursuant to Section 6.06.02 of the LDC and Section 2.9 of the Mercato MPUD, sidewalks/bikepaths shall be permitted as follows: 1. An internal pedestrian walkway system shall be permitted within drainage easements. 2. Sidewalks may be located outside platted rights-of-way, when located within a separate sidewalk easement or on a site development plan. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment,at the point of encroachment. 4. The sidewalk along the U.S. 41 frontage shall not be required north of the main project entrance. A sidewalk shall be provided on the south side of the main project entrance. The developer reserves the right to request substitutions to LDC design standards • in accordance with Section 10.02.04 of the LDC. 2.17 DEVIATIONS A. Due to the uniqueness of the Mercato MPUD main street, mixed-use theme and conceptual development plan, separate design guidelines for the project have been developed and are incorporated as "Exhibit D" to the MPUD. The design guidelines document does deviate from typical LDC requirements. Deviations have been generally noted in this Document as required to implement the main street concept of the Mercato MPUD. B. Administrative Deviations 1. The County Manager, or his designee, shall have the authority to grant administrative deviations from the MPUD and LDC,where said regulations present a conflict with the intent and purpose of the MPUD or would otherwise be in conflict with the overall design scheme of the Mercato MPUD. • MERCATO PUD(13CC 1I-I5-05 Ret clear()DOC 2-7 S 2. Before any administrative deviation shall be granted by the County Manager, or his designee,a finding of consistency with the following criteria must be made: a. The deviation proposed is based on sound engineering,planning,or design criteria and practices. b. The deviation poses no health, safety or welfare risk for the general public or adjacent property owner. c. The deviation shall not be inconsistent with any goal,objective or policy of the GMP. d. The deviation shall be consistent with the intent and purpose of the PUD and the conceptual master plan for the project. 3. Administrative deviation requests may be made concurrently with a zoning permit, building permit,utility permit,or other applicable application for permit. 4. In considering an administrative deviation, the County Manager or his designee may request materials,calculations,or plans deemed necessary to • render a determination of the deviation request. j 5. The County Manager, or designee,decision to deny a deviation may be appealed by the applicant to the Board of Zoning Appeals. S M ERC,\TO PUD I HCC I i-■4-1)5 Re%riean I DOC 2.8 SECTION III • MIXED USE L°MU" 3.1 PURPOSE: The purpose of this Section is to identify the permitted commercial land uses and related development standards for areas within the Mercato MPUD designated "MU", Mixed Use on the Conceptual Master Plan, Exhibit A. The mixed use component of the Mercato MPUD is intended to permit office, shopping, dining, recreational and residential opportunities in a traditional main street design. The development shall feature a wide mix of retail,office, and restaurant uses oriented in a pedestrian friendly manner. Wide walkways, unique architectural features, a "town square", extensively landscaped streetscape, outdoor dining areas and courtyards shall be characteristics of the Mercato MPUD. 3.2 MAXIMUM COMMERCIAL SQUARE FOOTAGE/ACREAGE A maximum of 395,000 square feet of gross leasable retail commercial, 100,000 square feet of gross leasable office space,and a maximum of 80 hotel units is permitted within the Mercato MPUD. The maximum permissible office area may be increased beyond 100,000 square feet with a corresponding square foot reduction occurs in the gross leasable area of retail space. If hotel accommodations are constructed within the MPUD, the maximum amount of retail gross leasable area shall be reduced by 25,000 square feet. A maximum of 27.7 acres shall be used for commercial uses in the MPUD, inclusive of retail,office,restaurant,and parking areas to serve the commercial uses. 3.3 GENERAL DESCRIPTION Areas designated as "MU", on the Master Concept Plan, Exhibit "A", are designed to implement the Mixed Use Master Planned Activity Center Sub-district outlined in the FLUE of the GMP. 3.4 PERMITTED USES 1. Accounting,auditing and bookkeeping services(Group 8721). 2. Amusements and recreation services,indoor(Groups 7911,7991). 3. Apparel and accessory stores(Groups 5611-5699). 4. Auto and home supply stores(Group 5531). 5. Automotive rental and leasing and parking(Groups 7514, 7515,7521,7542). S MERCATO PUD i0CC I 1-15-05 Rc%clean).DOC 3.1 6. Building materials, hardware, and garden supply (Group 5211 including only cabinets,doors, flooring,Groups 5231-5261). 7. Business services (Groups 7311, 7313, 7322-7338, 7361, 7371, 7372, 7374- 7376, 7379, 7384). 8. Child day care services(Group 8351). 9. Depository institutions(Groups 6011-6099). 10. Eating and drinking establishments (Groups 5812, 5813) excluding bottle clubs. Outdoor seating is permitted,subject to minimum sidewalk standards. 11. Educational services(Groups 8211-8231). 12. Food stores(Groups 5411-5499). 13. General merchandise stores(Groups 5311-5399). 14. Health services(Groups 8011-8049) 15. Home furniture, furnishing and equipment stores(Groups 5712-5736). 16. Holding and investment offices(Groups 6712-6799). 17. Hotel and Motels(Group 7011) 18. Insurance carriers,agents and brokers(Groups 6311-6399,6411). 19. Legal services(Group 8111). 20. Management and public relations services(Groups 8741-8743,8748). 21. Miscellaneous retail(Groups 5912-5963, 5992-5999 only). 22. Motion pictures(Groups 7832,7841),including live theatrical production. 23. Offices for engineering, architectural, and surveying services (groups 0781, 8711-8713). S 24. Nondepository credit institutions(Groups 6141-6163). 25. Personal services (Groups 7212, 7221, 7231, 7241, 7251, 7291, 7299, except tattoo parlors,escort services,Turkish baths,and locker rental). 26. Parks,plazas, and active open spaces. 27. Real estate(Groups 6531-6552). 28. Residential dwelling units, including freestanding or integral to a commercial building(subject to Section 4.5 of the Mercato MPUD). 29. Security and commodity brokers,dealer, exchanges and services(Groups 6211- 6289). 30. Transportation services(Group 4724),travel agencies only. 31. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the Board of Zoning Appeals. B. Accessory Uses: 1. Uses and structures that are customarily incidental and subordinate to the above permitted uses. 2. Parking garage(s) S MERCATO PUD(BCC 11-15-05 Rel.cican).DOC 3-2 3.5 DEVELOPMENT STANDARDS • A. Yard Requirements 1. U.S. 41 —Minimum yards shall be provided from U.S.41 right-of-way at a ratio of one foot(1')of yard for each one foot(1')of building height,with a minimum yard of twenty-five feet(25'). 2. Vanderbilt Beach Road—Forty feet (40') 3. From Pelican Marsh PUD a. Structures up to thirty-five feet(35')in height—One hundred feet(100') b. Structures greater than thirty-five feet(35')—One hundred fifty feet(150') 4. From "R"areas on Master Plan: None. However,the developer shall provide landscaping and a wall as shown on Exhibit E of the Design Guidelines) 5. From Internal Roadway: Five feet(5') from nearest travel lane, • however no setback shall be required from service lanes and service areas. 6. From Preserve Areas: Principal: Twenty-five feet(25') Accessory: Ten feet(10') B. Minimum Lot Size for Platted Lots 1. Minimum lot width: One hundred feet(100') 2. Minimum area: Twenty thousand square feet(20,000 square feet) C. Building Height Above Grade: 1. Commercial: Zoned height—Fifty-five feet(55') Actual height—Sixty-five feet(65') 2. Mixed use building: Zoned height—Sixty-three feet(63') Actual height—Seventy-two feet(72') MERCATO PUD(BCC 11-15-05 Rev clean).DOC 3-3 ....................... . • D. Building Separation 1. No minimum building separations shall be required for the MU area however, all building separations shall meet applicable fire and building code requirements. • MERCATO PUD(DCC I I-I5-05 Re% clean%DOC 3-4 SECTION IV • RESIDENTIAL DEVELOPMENT AREAS KR" 4.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tract designated on Exhibit "A", the MPUD Master Plan as"R Residential". 4.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the MPUD is 175 and represents a gross project density of 3.3 dwelling units per acre. 4.3 DISTRIBUTION OF DWELLING UNITS Dwelling units may be distributed throughout the areas designated "R" and "MU" on the conceptual master plan; however, no more than 175 dwelling units shall be permitted within the MPUD. The"MU"area shall have a minimum of 50 units. 4.4 GENERAL DESCRIPTION Areas designated as "R" on the MPUD Master Plan are designed to accommodate a full • range of residential dwelling unit types, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R"District is indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts shall be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Section 10.02.03 and Section 10.02.04, respectively, of the Collier County LDC. Residential tracts shall be designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 4.5 RESIDENTIAL PERMITTED USES A. Principal Uses I. Zero lot line dwellings. 2. Single-family attached,two family and townhouse dwellings. 3. Two-family and duplex dwellings. 4. Multiple-family dwellings. MERCATO PUD(BCC 1 1-15-05 Rcv cleanl.DOC 4-1 • 5. Any other principal use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the "R"District. B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Common area recreational facilities. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the"R"District. 4.6 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with Collier County LDC in effect at the time of site development plan approval, unless otherwise indicated. Required yards, heights, and floor area standards shall apply to principal structures. 410 C. Development standards for uses not specifically set forth in Table I shall be established during the site development plan approval phase as set forth in Chapter 10 of the LDC in accordance with those standards of the zoning district which is most similar to the proposed use. D. Minimum (setback)yards from Pelican Marsh PUD boundary. 1. Principal structure: Fifty(50') feet. 2. Accessory structure: Thirty-five(35')feet. E. Minimum yards from MU designated areas. 1. None. except that an 8 foot to a 10 foot high ornamental wall with landscaping shall be provided in accordance with Exhibit E of the Design Guidelines. 4111 MERCATO PhD(BCC 1 I-I5-,'•5 Rev clean!DOC 4-2 .___..._.... TABLE I-MERCATO PUD • DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS AND"MU"BUILDINGS R R R MU Single Family Multi-Family Multi-Family Permitted Uses and Zero Lot Attached,Two Dwellings Dwellings Standards Line Family and above Townhouse commercial Minimum Lot Area 4,000 SF 1,700 SF N/A N/A Minimum Lot Width 40' 17' N/A N/A Minimum Lot De th 100' 100' N/A N/A Front Yard .-......... P 15' 15' 15' N/A Side Yards 0 or 6' 0 or 6' 15' 0' Rear Yard 15' 15' 15' 0' Rear Yard Accessory 10' 10' 10' 0' Preserve Principal 25' 25' 25' 25' Accessory 10' 10' 10' 10' 4 stories over first floor • 40'over 1 commercial Maximum Bldg Height6 35' 35' level of not to exceed zoned height parking of 63' and actual height of 72' Distance Between I Detached Principal 12' 12' 12' 0' Strucutres2'3 Floor Area Min. 1,000 SF 1,000 SF 1,000 SF 750 SF All distances are in feet unless otherwise noted. 1-Minimum lot width may be reduced by 20%for cul-de-sac lots provided the minimum lot area requirement is maintained. 2-Zero foot(0')minimum side setback on one side as long as a minimum 12 foot separation between principal structures is maintained. 3-Building distance may be reduced at garages to a minimum of 0 feet where attached garages are provided. 4-Front yard setback shall be measured from back of curb. Building front entry garages shall be set back a minimum of 23 feet from edge of any provided sidewalk. The minimum 15 foot front yard may be reduced to 10 feet where the residence is served by a side-loaded or rear entry garage. 5 -Side yards for accessory uses in single-family attached,two-family,townhouse,and multi-family dwellings shall be the same as for principal structures. 6.-Buildings located adjacent to the Pelican Marsh PUD shall be restricted to a maximum height of 2 stories,not to exceed 35 feet in height. • MERCATO PUD(BCC 11-15-05 Rev clean)DOC 4-3 S SECTION V PRESERVE «P» 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Mercato MPUD designated on the Master Plan as"P",Preserve. 5.2 GENERAL DESCRIPTION Areas designated as "P", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The acreage of the Preserve area is indicated on the Master Plan. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used,in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks, nature trails and shelters, as long as any clearing required to 410 facilitate these uses does not impact the minimum required native vegetation. 2. Water management structures. 3. Any other conservation use in accordance with Section 3.05.07 of the LDC which is comparable in nature with the foregoing uses and which the Environmental Services Department Staff determines to be compatible in the Preserve Area. Other uses of a comparable nature and not administratively permitted within preserves shall require the approval by the BZA 5.4 DEVELOPMENT STANDARDS A. Maximum height of structures: Twenty-five(25) feet. 5.5 LANDSCAPE BUFFERS A. Where Chapter 4 of the LDC requires landscape buffers, and preserve areas are shown, landscape buffers shall consist of preserve vegetation, when demonstrated that it meets or exceeds requirements of Chapter 4 of the LDC. Landscape buffers shall remain exotic free. • MERCATO PUD(BCC 11.15-05 Re%clean)Doc 5_1 SECTION VI • GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Mercato MPUD. 6.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with final site development plans, final subdivision plats and all applicable state and local laws, codes and regulations in effect at the time of approval of the development order to which such regulations apply except where specifically noted. B. The MPUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 6.3 ENGINEERING A. Except as noted herein, all project development will occur consistent with Chapter 10, of the LDC. 6.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 04-31 as may be amended, except as may be provided in Subsection 2.4 of this Document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County. 110 MERCATO PUD(BCC I 1-15-05 RCN cleanl.DOC 6-2 S D. Deviations may be granted as indicated in"Exhibit D", Section 2.17 of the PUD. 6.5 WATER MANAGEMENT A. A SFWMD surface water management permit shall be obtained prior to commencement of site work. B. An excavation permit shall be required for the proposed lakes in accordance with the Code of Laws and Ordinances. All lake dimensions shall be approved at the time of excavation permit approval,if an excavation permit is required. C. The Mercato MPUD conceptual surface water management system is described in the Surface Water Management Report, which has been included in the MPUD rezone application materials. D. All development within the MPUD may share common surface water management facilities. 6.6 ENVIRONMENTAL A. The development of this project shall be consistent with the environmental sections of the CCME of the GMP and the LDC in effect at the time of final development order approval. B. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and be protected by a permanent conservation easement. C. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants in perpetuity shall be the responsibility of the property owner. D. A preserve area management plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species and maintenance. E. All approved agency (SFWMD, ACOE, FFWCC — gopher tortoise relocation permit) permits shall be submitted prior to final site plan/construction plan approval. The SFWMD and Corps permits have been issued. F. An exotic vegetation removal, monitoring, and maintenance (exotic free)plan for the site, ■.ith emphasis on the preserve areas, shall be submitted to Environmental MERCATOPUD(RC'C II-I5-05 R c lean(.DOC 6.3 Services Staff for review and approval prior to final site plan/construction plan 4110 approval. A schedule for exotic removal within all preservation areas shall be submitted with the above-mentioned plan. G. All conservation/preservation areas shall be designated as "Preserve" on all construction plans and shall be recorded on the plat as a separate tract in fee with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat or SDP as applicable to the project's homeowners association, or like entity, for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. H. Setbacks from preserves shall be consistent with Section 3.05.07 of the LDC. 6.7 TRANSPORTATION The development of this MPUD shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards(MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), • current edition. Al] other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all access points. Lighting at the access shall be in place prior to the issuance of the first certificate of occupancy (CO) for units/square footage that will directly utilize the access. C. Access points, including both driveways and proposed streets, shown on the MPUD Master Plan are conceptual in nature. The full median opening/potential traffic signal at the north access on US 41 has been coordinated with FDOT during the six-lane expansion of US 41. The full median opening/potential traffic signal at the east access on Vanderbilt Beach Road is needed to provide southbound left turn access for the "loop road" connection between US 41 and Vanderbilt Beach Road. Therefore, a deviation is requested from the Collier County Access Management Policy(Res. No. 01-247) for a reduced traffic signal spacing distance for the eastern access on Vanderbilt Beach Road. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access locations and designs shall be approved or denied during the review of required subsequent site plan or final plat submissions. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is to be processed. • MERC.ITO PUD(BCC t t-15-O5 RCA clean)DOC 6-4 • D. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County Transportation Staff, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO for units/square footage that will directly utilize the improvements. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Section 10.02.07 of the LDC,as it maybe amended. F. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. G. Collier County reserves the right to modify or close any median opening existing at the time of approval of this MPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on,but are not limited to, safety,operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of 410 ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title,or assignee. 1. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of an existing County right-of-way or easement, compensating right-of-way, if required, shall be provided without cost to Collier County as a consequence of such improvement. Said requirement shall be determined at time of site development plan approval. K. If, in the sole opinion of the Collier County Transportation Department, a traffic signal, or other traffic control device, turn lane sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer. If adjacent property owners share in the use of the improvement (s), they shall be required to pay their fair share cost of the improvement(s). S MERCATO PUD(BCC I I-15-05 Re%clean)DOC 6-5 10 L. Adjacent developments have been designed to provide shared access or interconnections with this development. The MPUD Master Plan indicates these potential locations. The developer, or assigns, shall provide for the proposed perpetual use of such access by all parties involved by incorporating appropriate language into the development covenants or plat. The construction of the interconnections(s) to the Pelican Marsh Community shall not occur unless and until the Pelican Marsh Community and the Pelican Marsh Community Development District authorize the interconnection(s). The cost of construction and maintenance of the interconnection(s) shall be at the sole expense of the developer,or successors and assigns. M. A deviation from Chapter 10.02.13.F of the LDC, annual traffic monitoring report. The developer in lieu of paying for annual traffic counts at the project accesses, shall make a single payment in the amount of$32,000 to the County for a permanent count station at each access. Payment shall be made at the time of the first local development order approval. The developer is still required to provide annual PUD monitoring reports in accordance with LDC provisions. N. The developer agrees to provide funds or improvements above and beyond impact fees not to exceed$906,000 which is the calculated proportionate share in support of the North West TCMA (Transportation Concurrency Management Area). The 411 funds and improvements will be prioritized to facilitate non site related improvements to include: intersection improvements to the intersection of US 41 and Vanderbilt Beach Road, SCOOT signal enhancements and funds toward CAT (Collier Area Transit)bus purchase and maintenance. O. The developer shall make payment to Collier County in lieu of providing a sidewalk north of the project entrance on U.S. 41. 6.8 AFFORDABLE HOUSING Collier County and the Developer of the Mercato MPUD have cooperated to address affordable housing impacts associated with the Mercato MPUD. The following financial contribution shall be paid by the developer, or its successors and assigns, to the Collier County Affordable Housing Trust Fund and shall fully mitigate the demands on affordable housing attributed to the Mercato MPUD development. A. One thousand dollars ($1,000.00) per residential dwelling unit constructed within the project shall be paid to Collier County within seven (7) days of the closing on each residential dwelling unit. • MERC.\TOPUDIDC(' 11-15.05 Rev clean)DOC 6-6 S B. Fifty cents ($.50) per square foot of retail commercial development area constructed within the Mercato MPUD shall be paid within seven (7) days of the issuance of a CO for the retail commercial improvement receiving the CO. C. The payment of the sums set forth in this Section shall fully satisfy the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. S • MERCATO PUD(BCC 1 I-I5-O5 Re%;lean)DOC 6-7 NNW 41.Yr 1 gado Wang'1rr► td�1in»i®1t 11101 1 G !.;.u�M.ri _... w.. 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' ,-- •• 4,46/ 44.* iw er i .. • , . . 1 / (.1, ,. _ .. .. t , .s. _.•. a• ... •*,s..:1410' .,2%" ..eA , .S. ..4. rA - ig —IP w f i NIL Ilk„„kw r U ‘"..' ri ir IUr PAGES WO 41 WANDEPIIIL r It KIN KW) 4 R113.1 0..Y1 rirALYTY WOO k a , .1:1711 i ....„... , flit" 111 iiPA 1 4 1 14 • piV ti J I '14/gret Illkil''' I EXHIBIT C DESCRIPTION OF PART OF SECTION 34,TOWNSHIP 48 SOUTH,RANGE 25 EAST COLLIER COUNTY,FLORIDA BEGINNING AT THE SOUTHWEST CORNER OF PELICAN MARSH UNIT TWO AS RECORDED IN PLAT BOOK 22,PAGES 41-48,INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA ALSO BEING A POINT ON THE EASTERLY RIGHT- OF-WAY OF U.S.41,TAMIAMI TRAIL NORTH; THENCE ALONG THE BOUNDARY OF SAID PLAT IN THE FOLLOWING SIX(6) DESCRIBED COURSES: 1) NORTH 89°20'48"EAST 204.55 FEET; 2) EASTERLY 615.18 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 826.09 FEET THROUGH A CENTRAL ANGLE OF 42°40'04"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 69°19'10"EAST 601.07 FEET; 3) SOUTH 47°59'08"EAST 100.03 FEET; 4) SOUTHEASTERLY 418.87 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 800.00 FEET THOUGH A CENTRAL ANGLE OF 29°59'57"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 62°59'07"EAST 414.10 FEET; 5) SOUTH 77°59'05"EAST 144.20 FEET; 6) SOUTHEASTERLY 654.92 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 395.00 FEET THROUGH A CENTRAL ANGLE OF 94°59'52"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 30°29'09"EAST 582.44 FEET TO THE BOUNDARY OF PELICAN MARSH GOLF COURSE,PHASE 1,TRACT"GC5",AS RECORDED IN PLAT BOOK 23,PAGES 40-47,PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY SOUTH 17°00'47"WEST 181.41 FEET; THENCE CONTINUE ALONG SAID BOUNDARY SOUTHERLY 37.60 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 130.00 FEET THROUGH A CENTRAL ANGLE OF 16°34'19"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 08°43'37"WEST 37.47 FEET; THENCE CONTINUE ALONG SAID BOUNDARY AND A SOUTHERLY EXTENSION THEREOF SOUTH 00°26'28"WEST 180.64 FEET TO A POINT ON THE BOUNDARY OF GRAND ISLE AT PELICAN MARSH AS RECORDED IN PLAT BOOK 24,PAGES 67-70, PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE NORTH 89°33'32"WEST 336.81 FEET TO THE NORTHWEST CORNER OF PELICAN MARSH UNIT FIVE,AS RECORDED IN PLAT BOOK 22,PAGES 88-89, PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; 1 •W-07-0082G.DES/PN04-0047 S THENCE ALONG THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE, SOUTH 00°03'39"EAST 492.87 FEET TO THE NORTHERLY BOUNDARY OF PROPOSED RIGHT-OF-WAY OF VANDERBILT BEACH ROAD; THENCE ALONG SAID PROPOSED RIGHT-OF-WAY WESTERLY 68.46 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2430.00 FEET THROUGH A CENTRAL ANGLE OF 01°36'51" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 83°50'08"WEST 68.46 FEET TO A POINT OF REVERSE CURVATURE; THENCE CONTINUE ALONG SAID PROPOSED RIGHT-OF-WAY WESTERLY 368.67 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 101,934.54 FEET THROUGH A CENTRAL ANGLE OF 00°12'26"AND BEGIN SUBTENDED BY A CHORD WHICH BEARS SOUTH 83°07'55"WEST 368.67 FEET TO A POINT OF COMPOUND CURVATURE; THENCE CONTINUE ALONG SAID PROPOSED RIGHT-OF-WAY WESTERLY 74.44 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 6860.68 FEET THROUGH A CENTRAL ANGLE OF 00°37'18"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 83°32'47"WEST 74.44 FEET; THENCE LEAVING SAID PROPOSED RIGHT-OF-WAY AND ALONG THE BOUNDARY OF LANDS DESCRIBED IN O.R. BOOK 820,PAGE 12 OF THE PUBLIC RECORDS OF • COLLIER COUNTY, FLORIDA,AND ALONG A NON-TANGENTIAL LINE NORTH 00°39'03"WEST 254.61 FEET; THENCE ALONG THE BOUNDARY OF LANDS DESCRIBED IN O.R. BOOK 680,PAGE 782,NORTH 48°22'47"WEST 297.34 FEET; THENCE CONTINUE ALONG SAID BOUNDARY,SOUTH 89°20'57"WEST 420.00 FEET TO A POINT ON THE BOUNDARY OF A PARCEL DESCRIBED IN O.R.BOOK 637, PAGE 1161 ALSO KNOWN AS TRAIL BOULEVARD; THENCE ALONG SAID BOUNDARY NORTH 00°39'03"WEST 200.80 FEET; THENCE CONTINUE ALONG SAID BOUNDARY SOUTH 89°20'57"WEST 80.00 FEET TO A POINT ON THE EASTERLY RIGHT-0F-WAY OF SAID U.S.41; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°39'30"WEST 1291.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 49.72 ACRES MORE OR LESS; AND A DESCRIPTION OF PART OF PELICAN MARSH UNIT FIVE,PLAT BOOK 22,PAGES 88 THROUGH 89,COLLIER COUNTY,FLORIDA; ALL THAT PART OF PELICAN MARSH UNIT FIVE AS RECORDED IN PLAT BOOK 22, PAGES 88 THROUGH 89,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PELICAN MARSH UNIT FIVE; • W-07-0082G.DE S/PN04-0047 2 I THENCE ALONG THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE SOUTH 89°33'32" EAST 306.56 FEET TO A POINT ON THE WEST LINE OF TRACT WF-1 (DRAINAGE EASEMENT)ACCORDING TO THE PLAT OF GRAND ISLE AT PELICAN MARSH, PLAT BOOK 24,PAGES 67 THROUGH 70,PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LINE SOUTH 00°00'00"EAST 481.17 FEET TO A POINT ON THE NORTH LINE OF TRACT"B"(VANDERBILT BEACH ROAD)ACCORDING TO THE PLAT OF PELICAN MARSH UNIT FIVE,PLAT BOOK 22,PAGES 88 THROUGH 89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTHWESTERLY 306.37 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST,HAVING A RADIUS OF 2430.00, THROUGH A CENTRAL ANGLE OF 07°13'26"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 88°15'16"WEST 306.17 FEET TO A POINT ON THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE; THENCE ALONG SAID LINE NORTH 00°03'39"WEST 492.87 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 3.40 ACRES MORE OR LESS; BEARINGS ARE BASED ON THE NORTH LINE OF SAID PELICAN MARSH UNIT FIVE BEING SOUTH 89°33'32"EAST; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; BEARINGS ARE BASED ON THE STATE PLANE COORDINATES 1983 DATUM, 1990 ADJUSTMENT, WEST LINE OF SAID SECTION 34 AS BEING SOUTH 00°39'20"EAST. 411 W-07-00820.DES/PN04-0047 3 • EXHIBIT D MIERCATO DESIGN GUIDELINES Table of Contents STREETSCAPE. .................. 1 a. Pedestrian Pathways b. Site Furnishings 2 c. Street Trees II. BUILDING ARCHITECTURAL STANDARDS 2 a. Building Facades .. ... ... .. . ... . . ... . . ... .... ..... .......... .. .. 2 b. Facade/Wall Height Transition Elements 3 c. Variation in Massing. ... 3 d. Roof Treatments 4 e. Design Standards a II[. LANDSCAPE 4 • a. General Landscape . 4 b. Building Foundation Plantings s IV. SIGNAGE S a. Project Identification Signs s b. Free Standing Use Monument 6 c. Permitted Sign Types 6 d. General Standards 7 e. Prohibited Sign Types 8 '. REQUIRED PARKING 8 a. On Street Parking ... . . . .. ._ 8 b. Off-Street Parking ... . . .. ........ .. ... . . . . . ... .. 8 c. Internal Landscaping 9 d. Parking Structures .. .... .. . . . ........ ... . . . e. Extensions over Pedestrian Ways . . . 9 t: Loading and Refuse. . . . . . . .. 9 g. Drive-Through Uses to • ENH D-\teitaiu Dasi_n v :iJeline. 3CC Rev In-IU-O.il=n1OBPSPUDPH VI. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS.... 10 • a. Streets and access improvements, to b. Water Management EXHIBITS Exhibit A Typical Main Street Landscape Design Plan Exhibit B Typical Side Street Landscape Design Plan Exhibit C Typical Parking Garage Landscape Area Exhibit D Typical Rear Main Street Buildings Landscape Design within Parking Area Exhibit E Typical MU'R Interlace Landscape Area and Residential Parking Garage Interface Exhibit F Typical Street Tree Landscape and Building Foundations Planting Plan S S EXH D-Mrrcato Design Guideline 1 BCC Rev I0-I0-115 clrrn)0BPSPUDPH Page I • Mercato MPUD Design Guidelines This design guideline for the Mercato MPUD addresses the relationship of buildings, parking, vehicular, and pedestrian movement to create a pedestrian oriented experience. Buildings are encouraged to be built close to the vehicular and pedestrian ways to create a continuous active and vibrant streetscape utilizing the architecture, landscaping, lighting, signage and other street furnishings. Travelways support two-way traffic and on-street parking. A continuous pedestrian pathway system is provided throughout Mercato. Building arcades and awnings are allowed to extend over the sidewalk to create shade and encourage pedestrian activity. Due to the unique characteristics of the '`main street" themed project, deviations from LDC standards are required in order to develop the mixed-use project. Except as specified herein, and as expressed on the conceptual MPUD Master Plan, The Mercato MPUD shall be developed in compliance with the LDC. 1[. STREETSCAPE The pedestrian way and street form area is where business and leisure activities merge. The landscape is functional in providing shade on the sidewalk and complimenting the architectural forms. Landscape plantings are laid out in informal groupings. Site furnishings, landscaping, lighting, plazas, and the like invite residents and visitors to utilize this public space. • a. Pedestrian Pathways: A sidewalk zone shall be provided along all access ways and shall include: street furnishings, a tree planting zone and a pedestrian clear zone. I. The pedestrian clear zone along the main street and side streets shall be a minimum of 5 feet in width, unobstructed and continuous. 2. Overhead arcades, awnings or canopies, etc., may encroach upon the pedestrian clear zone, but furnishings or other obstructions shall be kept out of the pedestrian clear zone. 3. Outdoor dining at building arcades or outdoor areas may be enclosed by planters, fencing, or similar moveable barriers. The dining area shall not encroach into the pedestrian clear zone. 4. Vehicular surface paving my include materials other than asphalt, including pavers, concrete,stone or brick, or a combination of surface materials. 5. A five (5') foot wide pedestrian pathway shall only be provided on one side of the main roadway within the residential tract. S EXH D-Mercato Design Guidelines I BCC Rev I,,-1'-115 clwn IOBPSPVDPH Page 2 b. Site Furnishings: Street furnishings may he provided in conjunction with the street tree zone. Street furniture may include benches, waste/recycling receptacles, bike racks, newspaper vending, bus shelters and intomration/hand-bill kiosks, and similar furnishings. 1. Site furnishings (not associated with an individual business) shall be coordinated and fabricated of compatible materials. 2. Visual obstructions shall not be allowed within visibility triangles at street intersections per Florida Department of Transportation Standards. c. Street Trees: The street tree-planting zone shall have an average width of 5 feet or greater and be located parallel to the curb. Root barriers are required for canopy trees. This zone may include street furniture. I. Street trees shall be spaced on average of 40 feet on center. The street tree pattern may be interrupted by overhead arcade, utility, and pedestrian access ways, as shown on Exhibits A, E, and F. Palm trees are allowed as a substitute to canopy trees. Areas for canopy trees should be designed where space will allow in plazas, at vehicular intersections, and other areas where buildings are set back. • 2. Plantings used in this District shall include a variety of tree and shrub species at least 50% of the required trees and 35% of the required shrubs being plants native to Florida. Planting at the ground plane shall be a minimum of turf grass; groundcover, low shrubs or flowering plants in tree planters as is appropriate to the design. H. BUILDING ARCHITECTURAL STANDARDS The Mercato MPUD will include architectural features that provide visually interesting building design at a scale appropriate for pedestrians and automobiles. Building facades will be designed to reduce the mass and scale of the building, by providing arcades, windows, entry features, and other design treatments. Building materials may be varied throughout the project to better interpret the main street theme associated with The Mercato MPUD and its unique combination of uses. All freestanding outparcel buildings shall be developed in compliance with the LDC. All other building facades within 250 feet of U.S. 41 and Vanderbilt Beach Road (facing U.S. 41 or Vanderbilt Beach Road)shall meet the architectural guidelines of the LDC. a. Building Facades (Not facing U.S.41 or Vanderbilt Beach Road) 1. Facades adjacent to preserve areas and internal access ways shall not be considered primary facades for purposes of this MPUD. • EXH D-Mercato Design GUIJCI111C,t BCC Rev 10-19-05 clun)OBPSPUDPH Page 3 • 2. Covered walkways and arcades shall be constructed with columns a minimum of 10 inches wide. Covered walkways pursuant to the requirements of Subsection 5.05.08.C.2.C.iii of the LDC, shall only be required to have a length measuring 40 percent of the associated facades. 3. Parking garages shall not be required to meet building facade requirements or parking structure standards of the LDC; however, appropriate landscape buffers shall be provided to provide visual screening from public rights-of-way. However, the top floor parking deck facade facing a public roadway shall provide decorative architectural banding,planters or other decorative architectural details. b. Facade/Wall Height Transition Elements (Not facing U.S.41 or Vanderbilt Beach Road.) 1. Facade/wall height transition elements as required in Subsection 5.05.08.C.4.b of the LDC shall not be applicable for buildings internal to the MPUD, but shall be applicable to existing buildings within 150 feet external to the project. 2. Transitional massing elements shall be utilized within the Mercato MPUD; however, transitional massing elements may exceed 100% of the average height of the adjacent internal building, and transitional massing elements shall only be required along 10%of the building facade. 411 3. Parking garages shall not be required to meet facade/wall height transition elements of the LDC. However, the top floor parking deck facade facing a public roadway shall provide decorative architectural banding, planters or other decorative architectural details. c. Variation in Massing(Not facing U.S.41 or Vanderbilt Beach Road.) The Mercato MPUD is designed to mimic a "main street" design. Building facades will be designed in a manner whereby individual tenant spaces will have unique facades and signage treatments, although most of the site will be developed under a single site development plan. I. Primary building facades shall provide projections and recesses with a minimum depth of 3 feet per 150 linear feet per building. However, facades facing off-street parking areas, service areas, or preserves shall not be required to meet the projection and recess requirements, but shall meet the building design treatments of Subsection 5.05.08.C.5 of the LDC. This requirement shall apply to all buildings. 2. Blank wall exposure may exceed 33% of the facade connected to a primary facade. where the non-primary facade is adjacent to a preserve or internal landscape buffer. S EXH D-Mercato Dcsi,2n Guidalin,..i BCC Ro 1O-I'I.15 clean)OBPSPUDPH Page 4 d. Roof Treatments (Not facing U.S.41 or Vanderbilt Beach Road.) 1. The Vlercato MPUD shall not require two-roof edge or parapet line changes on building facades, or on parking garage(s) that face a preserve or off-street parking area. That portion of a building fronting directly on U.S. 41 or Vanderbilt Beach Road shall be required to provide the required roof edge or parapet changes for that portion of the facade visible from U.S. 41 or Vanderbilt Beach Road, as may be applicable. e. Design Standards 1. Parking garage(s) facades shall not be considered primary facades where facing a preserve, off-street parking area, or are designed in a manner not visible to the motoring public. 2. Parking design shall be permitted to vary throughout the project, where the configuration of parking (i.e. angled, 90 degree, etc.) areas are separated by clearly delineated and distinct parking lot markings and/or signage. 3. Parking area configurations shall be permitted to vary from the criteria for interior and corner lots as described in Section 5.05.08 of the LDC. Shared parking areas are provided throughout the project; however, parking areas adjacent to U.S. 41 • and Vanderbilt Beach Road may provide parking areas exceeding 50% of the parking area for the specific use between the building facade and right-of-way. 4. Due to the unique character of the Mercato MPUD, continuous pedestrian paths are not required along the rear of buildings or where parking areas are provided within 15 feet of the rear building facade. f. Natural and Manmade Bodies of Water 1. Dry detention areas may be permitted without curvilinear off-sets, where the dry detention areas are less than 30 feet in width. III. LANDSCAPE a. General Landscape: 1. Landscaping within the Mercato Mixed-Use Areas shall adhere to the following criteria: 2. Provide a variety of tree and shrub species with at least 50% of the required trees and 35% of the required shrubs being plants native to Florida; exotic invasive plants as identified in Figure II, Prohibited Species,shall not be allowed. 3. Planting at the ground plane shall be a minimum of groundcover, low shrubs or flowering plants in tree planters appropriate to the design. The use of turf grass within street tree EXH D-Mercato Design Guidelines(BCC Rev 10-1+4-05 cI an)OBPSPUDPH Page 5 • planting areas is permitted in limited installations. Turf grass may be utilized in courtyards and plazas as appropriate to the landscape design. 4. Irrigation shall be provided for all planting areas. Irrigation control boxes and appurtenances shall be located away from direct public view. 5. Drought tolerant species shall be considered,when appropriate,to the design intent. 6. Landscape minimums within the mixed-use area shall be met by the standards provided for streetscape, courtyard and parking lot landscaping. 7. Sidewalk protection such as root barriers, a continuous tree pit, and/or structural soils shall be provided for canopy trees. 8. Walls and fences shall be permitted to be constructed within 6 feet of the property line adjacent to the Pelican Marsh PUD where maintenance and/or access agreements have been established with adjacent property owners. The maximum 8 foot high wall shall be architecturally finished and the exterior side facing Pelican Marsh PUD shall be planted with a climbing vine or similar vegetation. 9. Parking areas located to the rear of Main Street retail uses shall provide supplemental landscaping consistent with Exhibit D. b. Building Foundation Plantings 1. The location and calculation of building foundation plantings shall not be required in strict conformance with Subsection 4.06.05.B.4 of the LDC. The project shall provide 10% of the ground level floor area, excluding the parking garage(s) as open space; however, the foundation plantings shall be distributed throughout the site. The Mercato MPUD shall distribute the building foundation plantings within streetscape planting areas,open spaces,and landscaped areas of the MPUD as shown in Exhibits A thru F. IV. SIGNAGE Signage design shall be carefully integrated with site and building design to enhance the main street theme for the total property without a repetitive and uniform emphasis. Creativity in the design of signs is encouraged in order to emphasize the unique character of the Mercato project. The Mercato MPUD shall be permitted to deviate from the LDC,by permitting the following: a. Project Identification Signs 1. One project directory sign, with a maximum of 250 square feet of sign copy per side and a maximum sign copy height of 25 feet, shall be permitted at each project entry. The directory sign may be permitted within the medians of project entry drives as generally depicted on the Master Plan. The project directory sign will feature the project name, insignia or motto of the development and up to 6 tenant panels. • EXH D-Mercato Deign Guideline(BCC Re% 10-14-05 clean)OBPSPUDPH Page 6 2. Project identification signs with a maximum of 120 square feet of sign copy per side and • a maximum sign copy height of 18 feet, shall be located as generally depicted on the MPUD Master Plan. Project identification signs shall be monument or wall mounted signs and feature only the project name, insignia or motto of the development and up to 4 tenant panels. 3. One project identification sign for the three off-site projects located within the Activity Center may be located south of the proposed right-in, right-out southern most Mercato project entrance. The maximum sign area shall be 80 square feet and the maximum sign height shall not exceed 8 feet. 4. No minimum setback shall be required, except that no sign shall be located so as to create vehicular line of site obstructions. b. Free-standing Use Monument Signs _ I. Each free-standing use shall be permitted one monument sign per public road or private drive frontage. 2. Maximum permissible sign copy shall be 100 square feet per side for public road frontage and 80 square feet for private road frontage. 3. For public road frontage, the maximum height of the sign copy shall be 10 feet above finished grade. Architectural details of the sign structure may project above the 10 foot height; however, no part of the sign or sign structure shall exceed 12 feet in height above • finished grade. 4. For private drive frontage, the maximum height of the sign copy shall be 8 feet above finished grade. Architectural details of the sign structure may project above the 8 foot height; however, no part of the sign or sign structure shall exceed 10 feet in height above finished grade. c. Permitted Sign Types 1. Wall — A sign affixed directly to or painted directly on an exterior wall or fence. Maximum sign area—Façade width by 2.5 feet 2. Projecting—Any sign which projects from and is supported by a wall of a building with the display of the sign perpendicular to the building wall. Maximum sign area — the facade area by .05 feet up to a maximum of 100 square feet. Theatre signage may be a maximum of 200 square feet. 3. Window — A sign painted or applied to or behind a window. Maximum sign area — the area of the window with the sign by .30 feet. 4. Hanging — A sign attached to and located below any eave, arcade, canopy, or awning. Maximum sign area—20 square feet. (Two faces of 20 square feet each) S EXH D.Mercaio Design Guidelnxei I BCC Re% 10.19-05 clean IOBPSPUDPH 1t11111I1• Page 7 • 5. Awning- A sign or graphic attached to or printed on an awning. Maximum sign area- the area of the awning by .25 feet. 6. Pole -A sign mounted at the top of or bracketed from a vertical pole, which is supported by the ground. One pole sign with a maximum sign area of 64 square feet. (Two sign faces of 32 square feet each). 7. Monument - A sign secured to a base, which is built directly upon the ground. Maximum sign area-80 square feet,exclusive of the base. Maximum height above grade - 15 feet. 8. Marquee-A sign usually projecting from the face of a theater or cinema, which contains changeable text to announce events. Sign area shall be compatible with the design of the theater building. Minimum height above grade- 10 feet. Minimum distance from curb - 4 feet. 9. Sandwich boards - A portable sign comprised of two sign panels hinged together at the top. Maximum sign area- 12 square feet(2 faces of 12 square feet each). 10. Banners-Fabric panels projecting from light, flag and sign poles. Maximum sign area-- shall be proportional to the height of the pole. • 16-foot pole - 15 square feet Max(2 faces of 15 square feet each) 20-foot pole-20 square feet Max(2 faces of 20 square feet each). 25-foot pole-30 square feet Max(2 faces of 30 square feet each) 30-foot pole-36 square feet Max(2 faces of 36 square feet each). 11.Temporary special event signs - A temporary window, hanging, awning, portable or banner sign utilized in conjunction with a special event within the MUPUD. d. General Standards 1. Sign area: The area of any sign shall be the area of a rectangle, which encloses all elements of the sign (excluding poles and brackets) including all text and any symbols or logos. 2. Sign area: 20%of the total area of the façade. 3. Mounting height: No part of a sign which projects from a building or is mounted on a pole or bracket shall be less than 8 Feet above the grade. 4. Illumination: Signs may be illuminated by external spot lighting or internally illuminated. Lighting shall be designed and shielded so as not to cause glare onto adjacent properties or the public right-of-way. S EXH D-Men:ato D.tiien Guidelines(BCC Rev 10-Iy-05 clean)OBPSPUDPH Page 8 5. Material: Signs shall be constructed of durable materials suitable to the sign type. The • long-term appearance of the sign shall be a major consideration in the selection of materials. 6. Color: The color of signs shall be compatible with the colors and style of the building to which they are attached or otherwise associated. 7. All sign structures may feature architectural treatments which shall be permitted to extend above the maximum height of the sign specified herein. e. Prohibited Sign Types 1. Portable or mobile signs except sandwich boards. 2. Flashing or animated signs(except time and temperature signs). 3. Signs with changeable text(except marquee). 4. Off-site signs 5. Billboards V. PARKING Parking shall be shared throughout the Mercato MPUD and a parking ratio of 1 space per 250 square feet of gross leasable building area shall be required for the mixed-use component of the PUD. a. On-Street parking: On-street parallel parking or angled parking may be provided within the project. 1. Parallel parking stall shall be a minimum of 8 feet wide by 22 feet long. b. Off-Street parking: The majority of parking within the project shall be provided off of the street. 1. Except along U.S. 41 or Vanderbilt Beach Road frontage, parking lots or parking garages shall be located to the rear of buildings (Main Street), or along the side (secondary streets). Off-street parking shall not occur in front of the primary facade. 2. Parking areas shall be organized into a series of small bays delineated by landscaped areas of varied sizes. Maximum spacing between landscaped areas shall be 10 spaces unless landscape areas are being located to protect native vegetation or to accommodate structural members of a parking garage. 3. Lots shall be designed to keep all circulation between aisles internal to the lot. Driveways to parking areas shall be a minimum of 24 feet wide. 411 EXH D-Mercato Design Guidelines(BCC Rev 10-19-05 cleun)OBPSPUDPH Page 9 • 4. 90 degree parking areas shall have a minimum drive lane width of 24 feet and stall size of 9 feet by 18 feet. 5. Angled parking shall have a minimum drive lane width of 18 feet, if one-way, and 22 feet, if two-way. Parking stall size shall be 9 feet by 18 feet. Handicap parking shall be located to facilitate the most direct and safest route to building entries. c. Internal Landscaping: 1. Internal buffers shall not be required between access roads and/or uses located within the mixed-use component of the Mercato MPUD,as required by Section 4.06.02 of the LDC. 2. Other landscape areas will be provided as depicted on Exhibits A through E. d. Parking Structures: Parking structure facades shall be designed to screen views of automobiles by the general public from adjacent streets and driveways. 1. Parking garage landscaping adjacent to a preserve and internal residential areas shall be provided in accordance with Exhibits C and E. S 2. All structures visible from residential or public roadways with uncovered parking on the top level shall have rooftop planters around the perimeter, integral to the structure, with small trees, shrubs and trailing vines to soften the building edges, except where a parking garage is adjacent to a commercial or mixed use building. 3. Parking structure lighting shall be a maximum of 20 feet in height. Lighting shall incorporate full shield cut-offs to contain light to the surface of the deck only. 4. Parking is allowed below occupied spaces,accessed from the rear. Parking areas are also permitted as parallel or angled parking on Main Street or side streets. e. Extensions over Pedestrian Ways Arcades, overhangs signage, marquees,bay windows, and structural supports shall be allowed to extend over sidewalks. These allowable overhead encroachments shall be a minimum of 9 feet clear above sidewalk. No allowable encroachment within the sidewalk shall reduce the clear walkable width to less than 5 feet at any point. f. Loading and Refuse 1. Loading docks, solid waste facilities,recycling facilities and other services elements shall be placed to the rear or in the side yard of the building in visually unobtrusive locations with minimum impacts on view. S EXH D-Mercato Design Guidelines t BCC Rev 10.14-05 ckkan∎OBPSPUDPH Page 10 2. Refuse containers and facilities shall be hidden by an opaque wall or fencing of sufficient • height to screen the bin and any appurtenances, but not less than 6 feet in height, chain link fencing is not acceptable. Walls shall he constructed of a material compatible with the principal structure it serves. Landscaping with vines or other plants is encouraged. Enclosures shall include opaque lockable gates to minimize blowing refuse. 3. Service area recesses in the building and/or depressed access ramps should also be used where applicable. 4. Businesses are encouraged to consolidate and share refuse areas and equipment. g. Drive-Through Uses (Not on U.S.41 or Vanderbilt Beach Road) 1. Limited to a single automobile entry to the site from the main street, side street, or rear. If on a corner lot, an additional entry from the secondary street and/or parking area is permitted. 2. Locate the building so that it fronts onto main street, canopies, and associated service areas sited behind the building. 3. The height of the canopy must be in scale with its associated building such that it is not visible from the street in front of the associated building. The minimum clearance of the canopy must be not less than 14 feet 6 inches and the maximum clearance must not be more than 16 feet. 410 4. Parking areas must be visually screened through the use of walls, fences and/or landscaping, with an emphasis on any portions fronting a street. VI. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS I The developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 10.02.04 of the LDC. The proposed primary entry road shall be designed and constructed in accordance with Chapters 4 and 6 of the LDC. Other roadways within the Mercato MPUD shall be designed and constructed in accordance with Chapters 4 and 6 of the LDC with the following substitutions: a. Streets and access improvements 1. Construction Standards Manual, Dead-end Streets Cul-de-sacs may exceed a length of one thousand(1,000)feet. 2. Construction Standards Manual, Intersection Radii • EXH D-'tercato Design Guidelines 1 BCC Rev lU-19-05 elwn)OBPSPUDPH .............. Page 11 • Intersection radii: Street intersections shall be provided with a minimum of a 20 foot radius (face of curb) for all internal project streets and a 35 foot radius for intersections at project entrances. 3. Construction Standards Manual,Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 4. Access Management Policy,Resolution No.01-247 The project entrance on Vanderbilt Beach Road shall be permitted to be signalized upon meeting County requirements. b. Water Management l. Water management berm side slopes - Berm side slopes may be I:1 if properly stabilized with rip-rap, or other geotechnical product as designed by an engineer and acceptable by The County manager, or designee. Detention area side slopes may be 2:1 if properly stabilized with planted ground cover, or geotechnical product. so long as the water management body is staging water vertically and not conveying water where velocity would be a concern. Rip-rap areas shall be planted to provide 80% opacity within 1 year of installation where visible from public rignts-of-way. 2. Water management subsurface storage— A subsurface storage system (pipes, chambers) will be designed beneath the parking fields for stormwater attenuation volume. This subsurface system shall be permitted by SFWMD and is not designed for water quality treatment, nor for percolation credit. • EXH D-Mercato Desien Guideline.i BCC Rc% lu_I9a15 cicanlOBPSPUDPH / 4 IMO MEd 0 .4 U Q 001 U O CO a's TO 10 3 0 ; CO a0 � 0 c ,trio+, lE o a� 0. 3 IIIMMIL G7'y co C O ., 8Eo O( moan 0.cii= 0)12' 1111111111111116111011111111111LI 1111111111114 c m CD 0. 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' i (.0 z Wiz ftl,.R •Pi x + e 4,0--- ' ) z —1441:1 , • III 11 La 0 co s ',,, ' I i n k a5 i 1 1 x i t 't,t, 4 .4% IN t ; 1A SA. I ? 4",s llil aa _ • i U ; oI1rk ty7 �...i� <1 / r 0 ,.. I ' : ,..'t 1. .. g-- 7 In l tli • STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2005-58 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of SCounty Commissioners of Collier County, Florida, this 21st day of November, 2005 . DWIGHT E. BROCK Clerk of Courts and qJ rk ,. Ex-officio to Board•`-of' -0,. County Commissioners s By Ann Jenneja n','• •,., _., , Deputy Clerk ''' ' • 1 r NVI4 1:113.1240,11.1%1 11016.111i1 I ' J r €, a enra t� �lrerVti a7tl1a7VTak1C1141a 41 € # RI 11(1N<r+1 rt1 "511r1S3 r 1'7nn%6 .... $ y gi r't fit'. 1— } + ,�jal4 ,Ji°r S:13N31.1IS 110.%,J11Hlti x it h I€ 3 i 7{ €1LVJtt76ti 3111 tt .e.. 11 11111 !I _1 [ ��i (3 1 ; I • ,e 1 / r <; \> i t e7 r^'r3 ,-°.,�• try - , T)4�1 �' � Its ' i 1 .' _ ' ra.vii it ', r' %' �" /0,4,' , 1 4 ;‘ 1 �4 k .w.i" t i. a S • '''''''''''V'--C:..---- '`'\''''*c—`1.-4.111 ..''''' .' - . ''.I.',,,1 ..,,r,,,-,. ',;}4. i� -4,,,t,,,,.,5,4--7-4. Y .,'I. 0 _ 1',1,1 a ' 1. d I, �, € 1 ,. , , ..„ 1.4: ,;,.; _{ i t...._ --:-.4'.1,-.4-.2.-4.4 f ' ✓ ti,-. . ), f i. { a f 1 s , f Y,, ,.i \k,.,:\,..,,, r.� ) �1 "`' `•`,•? 10. ,...1... •\ , Hoy^ V ` Y �' ... 11 I ti � '" „' ' r I— _, - .,....,X,/' ,..,•0' L ,,,,4../ I • 1 SIGN POSTING INSTRUCTIONS (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) • A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs,however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. 1. The sign(s)must be erected in full view of the public, not more than five(5)feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s)is destroyed,lost,or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED SHARON UMPENI-IOUR 0 WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10,03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER EI_ PL20I4i0OOl,22I ,,, I t- 3800 Via Del Rey SIGNATURE OF APPLICANT OR AGENT STREET OR P.O.BOX Sharon_Um_penhour.__..__.._.._ Bonita Springs,FL 34134 NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was sworn to and subscribed before me this 29th day of September,2014,by Sharon Umpenhour, personally known to me or who produced as identification and who di4Fdid not take an oath. (-..--., .,r 4as'::Y.Zeq, JOANNE JNJES MY COMMISSION t FF 090820 ,Signature of Notary Public`' * \`p;'J��* EXPIRES:March 14,2018 Joanne Jane w,�4,,,C�' BwdedThN BudgetNotoryServices Printed Name of Notary Public • My Commission Expires: (Stamp with serial number) A X44., 3` . . z • ,��, < ,g � w grs*l ,,,,i7:'as . _ rx ,fig P f 74,4447414,--,44,,,,,-- ' --,,,:,,,,,,„- , .,,,i,,,,,,,-,,,),,,,,,,,,,,,„:„,,,.;,",,...„,,,,, ,,,„,„ ,,,,a d _ �t s( a' re e '':fir' x 4 - ; , �'"n`- i t �-,*y \ o- €;' Spa x • A. 0 n ,i:.* 1 ,,,,,,,*,,,,,i4.:' �..... t' *' ' '''' '' M A.,�;S Li x e s J � ;�p,• *�R yfie,° x 9,rP ....';'., ''''' ..' '''',.)1.,1" ,,,,,,,,„,*,, ,'''.1:'''''' 71Inf' - 0 g C • 1 x '` ' •� { .tee , r # #'a t •�&,� •. # (si'r -'< .,, w, ,a',7 A • a . ,. ;A fix. % ..i.�5 sax+ yg¢;44..K' , • .. ,"I. 1 fi { ,d y y ° � mrR ',0 n" a ' 'ro i' ;vim° « c i s. ,":',:s."'':'''''''';'1:'rt-4T:':':'f4.,,'f:.11;',::‘,1;',,,l',„: .� mod^u � ,i'b,a. ).'" ''„°I;;;;',„...1<iitt --, , ,,— -13LI'Af= - --''.„ '' - x • ii I111111■ . �mo . „ � r t . „# s v e PUBLIC 'IRtNG 0 . .• , ..,., 1.A NlimoV 'dT t3EPc,P•70 VPL a >a4 " t ,+��,6:= .�.. , , rr::tiA`.."3'YAx YM43' zY414446A i.tb..if aFfa .t WN' •, 4' .5.. F..,1 ":Ni lir.fa! .!'W t: w 4 N. %v v.:fi 4ip4 16:KA',40it4.Y.4. X $i 74 .::::Ct,;p 4*;f LY tiG'4 4 3'\ `' i " aq- ' 4.,.,., ,. ,.of' * ', 6 PUBLIC HEARING ..„.. , , • 4"17/1 1 t C *YP36 ...w,M •a • r Y R ;1, L ,Hty 6 „„. '&k"4N r ' ^t "< SC rtIli s w a,"2 d dYltt tlLYc.pa 4,3_3, �,x" �s.t!�xn �m�a�s ��t*vrn 0 1,,A-!... 4 tk4.',-", ,-- . , AGENDA ITEM 443 Cdff r County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT HEARING: OCTOBER 23,2014 SUBJECT: PUD COMPARIBLE USE DETERMINATION — PUD-CUD- PL20140001769, 5644 TAVILLA CIRCLE# 201 PROPERTY OWNER/APPLICANT: Owner: Napoli Property Holdings Company, LLC c/o CPSWFL 12424 Brantley Commons Court Fort Myers, FL 33907 Applicant: H. Michael Mogil Mathworks Tutoring, LLC 5644 Tavilla Circle# 201 Naples,FL 34110 There are over 100 hundred owners in this PUD 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 tutoring within the Activity Center District of the Pelican Strand PUD (Ordinance number 02-57). GEOGRAPHIC LOCATION: The subject property, 5644 Tavilla Circle # 201 is located at the northeast corner of Immokalee Road and Strand Boulevard in Section 19, Township 48 South, Range 26 East, Collier County,Florida. 5644 TAVILLA CIRCLE#201,PUD-CUD PL20140001769 September 22,2014 Page 1 of 5 1 p ',.,1. .I4 ,Ii,H ----'--4'r, .9;:.*,j74, I '? ■,, .... 9 a+f \ ' tiO4RAU ,r...___ ■:\• ! 181 VT t t y,' e"R , e , i •" SUBJECT ` 4 4t j t t PROPERTY a `'• 1 , A I • jJ IRT u7, URc1 1 LOT f. � E aiI j ,• a ewa?• I\ mMet C i i !. ke NAAFIS AMORAL!!NOM (CR—M1) ZONING MAP SURROUNDING LAND USE& ZONING: Subject Property : Office building with a zoning designation of Pelican Strand Planned Unit Development (PUD), located within the Activity Center District of the Pelican Strand PUD North: Office buildings with a zoning designation of Pelican Strand PUD East: Interstate I-75 right-of-way South: Office building with a zoning designation of Pelican Strand PUD and then Immokalee Road West: Publix strip shopping center with a zoning designation of Pelican Strand PUD I 5644 TAVILLA CIRCLE#201,PUD-CUD PL20140001769 September 22,2014 Page 2 of 5 S-1 r ,, ), 1,-,,!'• ..041. .4�� r `r t r i ' � 1 �;�1 . t Y ' „� t .,, ,- .r1 dell 1r• ■ s shiv jc,0 1 N‘,.. N ir -"I , N.,.„ i -. ,., t - v om• ` �' -i '� -~ t r ■ S , Ai , N l u {::. 1 ,,, r "✓ w�rf ' gar .--_. fir l r M s ... -_ax ,.:.-. I ' .. 10 '' .41 i 0 r '. , L.,, AERIAL PHOTO PURPOSE/DESCRIPTION OF PROJECT: The Applicant wishes to provide tutoring (SIC 8299) in an existing building within the Pelican Strand PUD. The Pelican Strand PUD (Ordinance number 02-57) permits commercial uses in the PUD. Section 6.3 of the PUD lists the following as permitted principal uses: 1) Educational Plants (i.e. schools) and Administration of Educational Programs (SIC 9411); and 2) Educational Consulting(SIC 8748) The following uses listed in Section 6.3 are relatively high traffic generators: 3) Educational Plants (i.e. schools) and Administration of Educational Programs (SIC 9411); and 4) Tax Preparer Services (SIC 7291). The proposed use of tutoring (SIC 8299) is a similar land use and traffic generator as these approved uses. 5644 TAVILLA CIRCLE#201,PUD-CUD PL20140001769 September 22,2014 Page 3 of 5 The Applicant requested a Zoning Verification Letter (see attachment) requesting a determination from the Planning Manager and affirmation by the Hearing Examiner that tutoring is a permitted use in the PUD. ANALYSIS: The Pelican Strand PUD is a mixed-use PUD with commercial and residential land uses. The commercial land uses are located within the Activity Center District of the PUD. Tutoring(SIC 8299)is a commercial use. Staff believes that the proposed use of Tutoring is a less-intense use than some of the permitted uses such as Beauty Shops (SIC 7231) because it generates less traffic. Therefore, Staff believes that Tutoring is comparable in nature to the other uses in the PUD and a compatible use in the district. (Please see attached Zoning Verification Letter dated August 27,2014.) Chapter 3, Section G.6 of the Administrative Code outlines the two situations in which a Zoning Verification Letter can go to the HEX for approval: 1) If the PUD ordinance language identifies the Board of Zoning Appeals as the authority to determine a use is comparable, compatible and consistent, or 2) If the PUD ordinance language identifies the Planning Director (or other similar County staff) as the authority to determine a use is comparable, compatible, and consistent. Section 6.3 28 of the Pelican Strand PUD, "Uses Permitted," states "any other commercial use which is comparable in nature with the foregoing uses which the Board of Zoning Appeals determines to be compatible in the Activity Center District." Staffs opinion, subject to affirmation by the Hearing Examiner, is that the proposed use of Tutoring is comparable in nature to other uses in the Activity Center District of the PUD and is;therefore, a permitted use in the Activity Center District of the Pelican Strand PUD. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition PUD-CUD- PL201400001769 on September 12, 2014. -HC STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinion of the Zoning Manager that the use of Tutoring is a comparable and compatible use in the Activity Center District of the Pelican Strand PUD and is; therefore, a permitted use in the Activity Center District of the Pelican Strand PUD. Attachments: A. Application B. Pelican Strand PUD (Ordinance number 02-57). C. Zoning Verification Letter 5644 TAVILLA CIRCLE#201,PUD-CUD PL20140001769 September 22,2014 Page 4 of 5 PREPARED BY: i l., J. 41114 1.1 1 (C) Wt+' NANCY G ? DL f I, AICP,PRINCIPAL PLANNER DATE GROWTH ANA EMENT DIVISION REVIEWED BY: RAY •ND V. BELLOWS,ZONING MANAGER DATE GRO NTH MANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DIVISION 5644 TAVILLA CIRCLE#201,PUD-CUD PL20140001769 September 10,2014 Page 5 of 5 MATHWORKS TUTORING, LLC 5644 Tavilla Circle - #201 Naples, FL 34110 239-591-2488; 202-742-2806 (fax) mathworks@weatherworks.com August 11, 2014 To: Collier County Government (Growth Management Division) From: H. Michael Mogil (Mathworks Tutoring, LLC) Subj: Determination Request and Justification of Use (PUD 02-57) I request a determination from the Planning Manager and approval from the Office of Hearing Examiner, that the use of SIC CODE #8299 (tutoring) is comparable and compatible with the permitted uses in the ordinance 02-57 PUD. The current PUD (attached) does not specificially allow for a tutoring center, even though such a use would be less intensive than other uses of businesses within the PUD area. Mathworks Tutoring, LLC is a full-service, totally-tailored tutoring, company which provides a wide range of tutoring and ancillary services in support of education and learning. We have operated for the past 5 to 6 years at 7765 Preserve Lane (Suites #4 and #5), Naples, FL 34119. During this time, we have earned a reputation for supporting student learning and student success in school. A large majority of our clients have seen their students turn around in school, transforming low grades and test scores into higher ones. Many students have transformed their self-confidence by earning these better grades and learning the underpinnings of the subject, rather than just how to answer certain types of test questions. The mainstay of our business involves one-on-one tutoring (see our web page http://www.weatherworks.com/mathworks.html). In this setting, a designated tutor works with an individual student to ensure that the student understands content material; learns test-taking strategies; develops strong study and organizational skills; and, most importantly, learns to learn. Ancillary activities include general business operations linked to the main tutoring function (e.g., billing, accounting, arranging for tutoring and student ombudsman services, and operating online tutoring services). Anciullary activities in direct support of tutoring and learning services include writing, creating learning videoes, coordinating a nationwide summer weather camp program and conducting online tutoring services. Most operations at the Mathworks Tutoring Center would take place between 7:30am and 8:30pm Monday through Friday. There would be occasional weekend tutoring sessions, primarily to accommodate students who have very full school days (school and after school activities). Most parents, who drop their students off for tutoring, often advise that they are going to do food or other shopping at many of the stores in or near the 02- 57 PUD area. With school almost ready to start and SAT/ACT exams on the immediate horizon, we hope to have a speedy review by staff and a fast approval of business use. This would enable us to more effectively use the resources at our Tutoring Center. Thank you for your support of this request. Should you or anyone at Collier Collier County Zoning need further information, please feel free to contact me (mathworks @weatherworks_com; 239-591-2468). Sincerely, H. Michael Mogil, CEO and Manager Attachments September 5th,2014 Ms.Heidi Ashton-Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples,FL 34112 Re: H.Michael Mogil/MATHWORKS Tutoring,LLC 5644 Tavilla Circle,Suite 201 Naples,FL 34110 To Whom It May Concern: Please accept this letter as verification that as the Owner of the above-referenced property, !agree to the application for a comparable use determination,i.e Tutoring Center Use,for my building. Your assistance in this matter is greatly appreciated. Sincerely. Brooke Mitchell,Managing Member Napoli Property Holdings Company, LLC c;o CPSWFL 12424 Brantley Commons Court Fort Myers, FL 33907 cc: H.Michael Mogil,Tenant • Coif er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Camival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC (Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) S1,-..J l aw..•. rc,�.( 4 /i (d 1 1 f I'2C' S() FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES(as applicable, if already assigned) TNv \ \\0 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) GDP - ul Aft ul PL%f Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in, condominium documents(if application; indicate whether proposed or existing) Please Check One: ❑ Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: C- Vk. PHONE Q,39--5 1 ∎ - 2-4(08 FAX . Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary) 7 419 7 9oa ar'ff Folio Number Folio Number Folio Number t Approved by: _ , s;7"/2—1 •� 1 ,-> Date: i Updated by: Date: F OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NE FORM SUBMITTED $Acouy 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 PUD Comparable Use - PL20140001769 PROJECT NAME 5V,T6:46,6 Tavilla Circle #201 DATE PROCESSED DATE: 8-12-2014 DUE: 9-12-2014 Mrrt.It.min I III\IVMMISIVIN I I'JP Name of Applicant(s): \A , \C-4i zL_ �l"\C'CL vi.... Address:c(&t M- L N. P*.-CL a City: 1J A Lca S State: ZIP: 3`t'-t\c) Telephone: 239 -591- 2`t' 8 Cell: -4-2.10--"2..`�(3c.) Fax: i.1 IN E-Mail Address: \�,ARr.wt--z c..` 40..4k-Q.c.�sz,-+�� Name of Agent: Firm: , Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: PROPERTY INFORMATION Site Address: S-(0144- �PV�uA .Rc�� u'i Folio Number 3'��io Property Owners Name: l?C_ 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 Attachment A Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.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 PUD Ordinance and Development Commitment information ❑ ❑ • Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all ❑ 121 ❑ 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. ❑ 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 �, Applicant'Signature — Date .M\c Nc 1 \OCO 11-- 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 ORDINANCE NO.02- 57 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 • 2021 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH • Q1 -4 -.-A. INCLUDES THE COMPREHENSIVE ZONING REGULATIONS ; t FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, , r-p - V` FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS X NUMBERED 8618N, 8618S, 8619N, AND 8619S BY CHANGING + • i REMO 4.; THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED .r:, REAL PROPERTY FROM PUD TO "PUD" PLANNED UNIT 2./;1 °' ;I0, 4, DEVELOPMENT KNOWN AS PELICAN STRAND PUD LOCATED AT THE INTERSECTION OF IMMOKALEE ROAD (C.R. 846) AND 1-75, IN SECTIONS 18 AND 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 574.6 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing The Strand Ltd., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County,Florida,that: SECTION ONE: The zoning classification of the herein described real property located in Sections 18 and 19, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" Planned Unit Development to "PUD" Planned Unit Development in accordance with the Pelican Strand PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 86I8N, 8618S, 8619N and 8619S, as described in Ordinance Number 91-102,the Collier County Land Development Code,are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this$)t.L day of�ovsr.��t/ ,2002. BOARD OF COUNTY COMMISSIONERS r', COLLIER COUNTY,FLORIDA BY: /f ommer' Aki sZ r �. I f'"FS N.COL.ETTA CHAIRMAN HT$.TIROCK,CLERK Attest as to Chairman's s19,14tore Approved as to Form and Legal Sufficiency Marjr+ri u Student Assistant County Attorney This ordinance filed with the Secretory of Store's Office the day of Isialg ,_. -Z...and acknowledgement of that PUDZ-2001-AR-1639!FRhp filing received this _liar day of_rk1124,1217, ? 'L fay Attachment B PELICAN STRAND A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING PELICAN STRAND A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: THE STRAND LTD. 5692 STRAND COURT#1 NAPLES,FL 34110 PREPARED BY: ROBERT L. DUANE,AICP HOLE MONTES, INC 950 ENCORE WAY NAPLES,FL 34110 DATE ORIGINALLY APPROVED 5/27/97 ORDINANCE NUMBER 97-75 AMENDMENTS AND REPEAL EXHIBIT"A" G:\Current\Reischl\PUD\Strand\PUD DOCUM ENT clean.doc TABLE OF CONTENTS, LIST OF EXHIBITS AND STATEMENT OF COMPLIANCE G:\Current\ReischI\PUD\Strand\PUD DOCUMENT clean.doc TABLE OF CONTENTS Page Statement of Compliance, Short Title iii Section I Property Ownership, Legal and General Description 1-1 Section II Project Development 2-1 Section III Residential Development Areas 3-1 Section IV Golf Course, Open Space District 4-1 Section V Preserve District 5-1 Section VI Activity Center District 6-1 Section VII General Development Commitments 7-1 LIST OF EXHIBITS EXHIBIT A- PUD MASTER PLAN ii G:\Current\Reischl\PUD\Strand\PUD DOCUMENT cican.doc STATEMENT OF COMPLIANCE The development of 574.569 acres of property in Collier County as a Planned Unit Development to be known as Pelican Strand will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. Pelican Strand is a mixed commercial residential/golf and associated recreational use project which will be consistent with the applicable elements of the Collier Growth Management Plan for the following reasons: 1. The property includes the entire northwest quadrant of the Immokalee Road Interstate Activity Center, which accommodates the planned 30 acres of commercial land uses which may also include up to 120 residential dwelling units from the total number of permitted dwelling units. The remaining 169.3 acres of project area within Section 19, Township 48 South, Range 26 East, lies within the I-75/Immokalee Road Density Band, which makes these lands eligible for a 7 unit per acre density, or 1,185 units. Project lands within Section 18, Township 48 South, Range 26 East, are 375.269 acres in area, and are eligible for the Urban Area Base Density of 4 dwelling per acre, or 1,501 units. The total 544.569 acres of project area are thus eligible for 2,686 units, or 4.93 dwelling units per acre. This residential development density eligibility is substantially greater than the planned 1160 units or 2.02 units per gross acre. 2. The 30 acres of project area which lie within the Interstate Activity Center are planned for mixed commercial, transient lodging, institutional uses, and residential development at the option of the Developer as is indicated to be appropriate by the Future Land Use Element. 3. The inclusion of residential uses within the Interstate Activity Center can be found to be fully consistent with the Future Land Use Element's goal to encourage activity centers to be mixed use and to incorporate residential development. 1 4. Traffic ways, utilities, and other public facilities necessary to serve the Pelican Strand project are adequate. Pelican Strand will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. 5. The Pelican Strand project will be compatible with and complimentary to existing and planned land uses in the vicinity. SHORT TITLE This ordinance shall be known and cited as the "PELICAN STRAND PLANNED UNIT DEVELOPMENT ORDINANCE." G:\Current\ReischI\PUD\Strand\PUD DOCUMENT clean.doc SECTION I PROPERTY OWNERSHIP,LEGAL AND GENERAL 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 PELICAN STRAND. 1.2 LEGAL DESCRIPTION A tract of land situated in Sections 18 and 19, Township 48 South, Range 26 East, Collier County Florida, said tract lying West of Interstate 75 and being more particularly described as follows: Commencing at the southwest corner of Section 19, Township 48 South, Range 26 East and being on the North right-of-way line of County Route 846 (100' wide), thence along Road R/W, South 89° 20' 28" East a distance of 1890.22 ft to a point, thence North 00° 21' 54" East a distance of 100.00 ft. to a point on the north edge of a canal easement and the TRUE POINT OF BEGINNING. Thence with the north and west lines of canal easements (Deed Book 44 Page 78 and or Book 365 Page 414, Collier County); the following six (6) courses and distances; South 89D 20' 08" East a distance of 750.00 ft. to a point on the 1/4 section line. Thence; South 89°21' 04" East a distance of 267.46 ft to a point; Thence; North 47° 51' 05" East a distance of 268.82 11 to a point; Thence; North 14°05' 43" East a distance of 502.45 ft. to a point; Thence; North 09°23' 06"East a distance of 439.38 ft to a point; Thence; North 04°36'19"East a distance of 671.26 ft to a point; Thence; South 89° 26' 00"East a distance of 109.07 ft to a point on the west right of way line of Interstate 75 (Or Book 365 Page 410), Thence; North 00° 36' 29" East a distance of 3443.60 ft along said right of way to a point on the north line of Section 19 Thence; North 00°36' 21"East a distance of 1475.86 ft to a point Thence; North 00° 36' 21" East a distance of 1190.58 ft to a point on the east west 1/4 line of Section 18, Thence; North 00° 36' 21" East a distance of 2666.77 ft to a point on the north line of Section 18, Thence; North 88° 31' 41" West a distance of 836.37 ft along said north section line to a point marking the north 1/4 corner of Section 18, Thence continue; North 88° 31' 41" West a distance of 2627.43 ft along said section line to a point marking the northwest corner of Section 18, Thence; South 00°34' 00" West a distance of 2686.42 ft along the west line of section 18 to a point marking the west 1/4 corner of Section 18, 1-1 G:\Current\Reischl\PUD\Strand\PUD DOCUMENT clean.doc Thence continue; South 00°34' 00"West, along said section line a distance of 2685.26 ft to a point marking the southwest corner of Section 18, Thence; South 89°09' 52"East along the south line of Section 18 a distance of 1983.97 ft to a point Thence; South 89° 09' 52" East a distance of 648.71 ft to a point on the north south 1/4 section line of Section 18, Thence; South 00° 21' 54" West along said 1/4 section line a distance of 1715.95 ft to a point, Thence; North 89°20' 04"West a distance of 750.00 ft to a point, Thence; South 00°21' 54"West a distance of 3505.96 ft to the point of beginning and containing 574.569 acres more or less. 1.3 PROPERTY OWNERSHIP The subject property is owned by Pelican Strand, Ltd., Suite 1, 10621 Airport Rd. North, Naples, Florida 34109. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the northwest quadrant of the I-75/Immokalee Road interchange. B. The zoning classification of the project prior to approval of this PUD document was "Planned Unit Development." C. The project lies within Water Management District No. 7 and within the Cocohatchee River watershed. Drainage from the property will discharge into the Immokalee Road Canal, thence westerly in the Immokalee Road Canal to the Cocohatchee River tidewater,which connects to the Gulf of Mexico via Wiggins Pass. D. Water management for the project will be of the constructed lake and preserved natural wetland retention type. Storm waters, which exit the site, will do so via a control structure, which will be authorized as a part of water management permits issued by Collier County and the South Florida Water Management District. E. Topography within the project is relatively level, with surface elevations ranging from 12 feet to 14 feet above mean sea level. The entirety of the site lies within Flood Zone"X"according to FIRM Map 12006700215D,dated June 3, 1986. F. Soil types within the project include Hallandale fine sand (approximately 30%), Riviera fine sand, limestone substratum (approximately 20%), Basinger fine sand (approximately 15%), Boca fine sand (approximately 15%), Boca, Riviera, limestone substratum and Copeland fine sand depressional (approximately 12%), Holopaw fine sand, limestone substratum (approximately 4%), Holopaw fine sand (approximately 3%), and Pineda fine sand, limestone substratum(approximately 1%). 1-2 G:\Current\Reischl\PUD\Strand\PUD DOCUMENT clean.doc 1.5 DEVELOPMENT OF REGIONAL IMPACT The Pelican Strand PUD is a 574.6 acre project. The number of dwelling units is proposed to be reduced from 1,200 dwelling units to 1,160. The existing PUD/DRI included 30 acres of commercial development at the time of this application of PUD rezoning. However, within this 30 acre commercial area 120 residential dwelling units may be developed on 5.6 acres located in Tract C-1 at the option of the developer as depicted on the PUD Master Plan. Uses permitted within the commercial area include 90,000 square feet of retail commercial, 120,000 square feet of office commercial and 140 hotel/motel rooms. Additional lands may be acquired and incorporated in the Pelican Strand project at a future date. Such an expansion of the project will necessitate an amendment of this PUD Document, of the PUD Master Plan,and if appropriate,of the DRI Development Order. Any development thresholds exceeding those authorized under this Ordinance may not be constructed prior to approval of an Amendment to the Pelican Strand DRUDevelopment Order, as amended, establishing density consistent within those of this PUD. Furthermore, the requirements set forth in this PUD Ordinance shall be altered through the PUD amendment process should it be necessary to make it consistent with any future amendments to the DRI Development Order. 1.6 DENSITY/INTENSITY A. The total acreage of Pelican Strand is approximately 575+/- acres. The maximum number of dwelling units to be built on the total acreage is 1160. The number of dwelling units per gross acre is approximately 2.02 units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. Commercial uses occupy approximately 30.0 acres with a maximum gross leasable floor area of 90,000 square feet of retail commercial, 120,000 square feet of office commercial. However, one hundred and twenty (120) residential units may be developed at the option of the Developer on Tract C-1 within the commercial area as depicted on the PUD Master Plan. These described land uses are set forth on the PUD Master Plan, Exhibit "A". Also for every 1,000 square feet of retail area reduced or portion thereof, 3,630 square feet of office area may be increased. Should a portion of Tract C-1 not develop with residential or motel/hotel uses, the acreage for the office area shall be increased from twelve (12) acres to eighteen(18)acres. B. At all times, all of the non-commercially designated property included within the Pelican Strand PUD shall be included in determining project density including property reserved or dedicated for public uses, such as, but not limited to, public roadways, easements,reserves and landscape buffers. 1-3 G:\Current\Reischl\PUD\Strand\PUD DOCUMENT clean.doc SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Development of Pelican Strand shall be in accordance with the contents of this Planned Unit Development Document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. 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 incorporated in this PUD Document shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to concurrency review under the provisions of Division 3.15,Adequate Public Facilities, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit"A", the PUD Master Plan. The nature and extent of land uses within the project is indicated by the following table: 2-1 G:\Current\Reischl\PUD\Strand\PUD DOCUMENT clean.doc MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U.s ACRES Residential 1160 170* Golf Course/Buffers N/A 187.3 Lakes N/A 75.5 Preserves N/A 85.3 Roads N/A 26.5 Commercial(included in 120** 30*** 1160 total above) Totals 1160 574.6+1- * The total acres of residential development may be increased to 175.6 acres or by 5.6 acres if 120 residential units are developed at the option of the Developer on Tract C-1. ** One hundred twenty (120) residential dwelling units may be developed at the option of the Developer on Tract C-1. *** The commercial acreage shall be reduced to 24.4 acres if 120 residential units are developed at the option of the Developer on 5.6 acres on Tract C-1. If the 5.6 acre Tract C-1 does not develop with residential uses, the acreage of offices uses shall be allowed to be increased from twelve (12) acres to eighteen (18)acres. 30 ACRE COMMERCIAL AREA COMPONENTS USE MAX. C.S.F. Retail 90,000* Office 120,000 * For every 1,000 square feet of retail area reduced or portion thereof,3,630 square feet of office area may be increased. Prior to any conversion of square 2-2 G:\Current\Rcischl\PUD\Strand\PUD DOCUMENT clean.doc footages from retail uses to office uses, an analysis should be preformed in order to assess any changes in the impact the Pelican Strand development will have on the surrounding roadways based on the actual development parameters to be converted. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium 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 Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, 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 Developer of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with 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. Utility, road,public, and private easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. 2.5 MODEL HOMES/SALES OFFICES Model home, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Pelican Strand 2-3 G:\Current\Reischl\PU D\Strand\PU D DOCUMENT clean.doc Community subject to the requirements of Section 2.6.33.4, of the Collier County Land Development Code. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Most common area maintenance will be provided by the Pelican Strand Master Property Owners' Association, Inc. (PSMA). The PSMA is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of County development approval. For those areas not maintained by the PSMA, the Developer has created a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The PSMA, or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserve areas serving the Pelican Strand Community, in accordance with the provisions of this PUD Ordinance and the DRI Development Order, together with any applicable permits from the Florida Department of Environmental Regulation, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.8 LANDSCAPE BUFFERS,BERM, FENCES AND WALLS Landscape buffers, berms, fences, and walls are generally permitted as a principal use throughout the Pelican Strand Community. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms 3:1 3. Rip-Rap berms 1:1 4. Structural walled berms—vertical B. Fenced or wall maximum height: six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose for this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the wall shall not exceed six feet (6') in height from the top of berm elevation for berms with an average side slope of 4:1 or less, and shall not exceed four feet (4') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). 2-4 G.\Current\ReischI\PUD\Strand\PUD DOCUMENT clean.doc C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Pelican Strand Community PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape buffer easement on final plats, or in a separate recorded instrument. D. Pedestrian sidewalks and/or bike paths, water management systems and drainage areas may be allowed in landscape buffers subject to review and approval by the Pelican Strand Design Review Committee. 2.9 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.1. The Pelican Strand Community is planned as a private, large scale, functionally interrelated community under unified control, to be developed over an extended time period. Pelican Strand, Ltd. has established community-wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers,berms and other similar facilities. Pelican Strand, Ltd. will establish supplemental design guidelines and standards to achieve the above objectives by means of recorded covenants,conditions, and restrictions to the Pelican Strand Design Review Committee for review and approval. 2.10 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pelican Strand Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of Pelican Strand Community and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 2-5 G:\Current\Reischl\PUD\Strand\PUD DOCUMENT clean.doc 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.8 of this PUD Document. 9. Any other use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: l. Setback from back of curb or edge of pavement of any road — fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from property lines—one half(%) the height of the structure. 3. Minimum distance between structures which are part of an architecturally unified grouping— five feet(5'). 4. Minimum distance between unrelated structures—ten feet (10'). 5. Minimum height of structures—twenty-five feet(25'). 6. Minimum floor area—none required. 7. Minimum lot or parcel area—none required. 8. Sidewalks, bikepaths, and cartpaths may occur within the County required buffer; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk,bikepath, or cartpath. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier 2-6 G:\Current\Reischl\PUD\Strand\PUD DOCUM ENT clean.doc County Land Development Code in effect at the time of Site Development Plan Approval. 2-7 G:\Current\Reisch l\PUD\Strand\PUD DOCUMENT clean.doc 2.11 OPEN SPACES REQUIREMENTS The PUD Master Plan identifies approximately 574.6 acres included in the Golf Course/Recreation and Open Space District, Reserve District, lakes, and miscellaneous open space/buffer designations. These areas, in conjunction with the open space areas included within the Residential District, fully satisfy the open space requirements of Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. 2.12 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Section 7.10.A of this PUD Document, 25% of the viable naturally functioning native vegetation on site shall be preserved. 2-8 G:\Current\Rcischl\PUD\Strand\PUD DOCUMENT clean.doc SECTION III RESIDENTIAL DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts indicated as Tracts 1 through 15 on Exhibit"A", the PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted in the entire PUD is 1,160. Distribution of the dwelling units among the various residential development tracts shall be governed by the rules and regulations set forth in this Section. 3.3 GENERAL DESCRIPTION Areas designed "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" District is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED A. Principal Uses 1. Single-family detached dwelling units. 2. Single-family patio and zero lot line dwellings. 3. Two-family and duplex dwellings. 4. Single-family attached and townhouse dwellings. 5. Multiple-family dwellings including garden apartments. 3-1 G:\Current\ReischI\PUD\Strand\PUD DOCUMENT cican.doc 6. Any other principal use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the"R"District. B. Accessory Uses 1. Customary accessory uses and structures, including attached or detached garages. 2. Guest houses,pursuant to section 2.6.14 of the LDC. 3. Common area recreational and utilitarian facilities. 4. Any other accessory use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the"R"District. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for Category 1-4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during the Site Development Plan Approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, the required development regulations may be reduced provided a site plan is approved pursuant to Division 3.3 of the Land Development Code. F. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. 3-2 G:\Current\Reischl\PUDtStrand\PUD DOCUMENT clean doc G. Single-family patio and zero lot line dwellings are identified separately from single- family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single-family structure employing a zero or reduced side yard as set forth herein. H. Housing structure types including lot orientation for single-family detached housing such as zero lot line versus non-zero lot line orientations may not be mixed. 3-3 G:\Current\Rcischl\PUD\Strand\PUD DOCUMENT clean.doc TABLE l PELICAN STRAND COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE PATIO& TWO SINGLE FAMILY j PERMITTED USES AND FAMILY ZERO LOT FAMILY& ATTACHED AND MULTI-FAMILY STANDARDS DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS Category I 2 3 4 _._.... 5 Minimum Lot Area 6,000 SF 5,000 SF 3,500 SF.* 3,000 SF 1 AC Minimum Lot Width*s 60 50 35 30 _.... _..__ ._.._._..-._... .. 150 Front Yard 25 '3 20*3 20.3 20.3 WFront Yard for Side Entry Garage 10 10 10 25 10 15 Side Yard 5 0 or 5•e•r 0 or 7.5 n 0 or.5 BH•7 0.5 BH ~— 20 - 10 20 Rear Yard Principal 20 BH Rear Yard Accessory 10 8• 10 10 15 Rear Yard.1 10 5 10 10 .5 BH Maximum Building Height.z 35 35 1 35 35 w 35_ _ Distance Between Principal Structures 10 _.�.._.-...10 0 or 15 .5 SBH --_.. __.. �_. ___. _.___. 5 SBH Floor Area Min.(S.F.) 1200 SF I 1200 SF 1200 SF 1200 SF 1000 SF BH Building Height SBH (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. All distances are in feet unless otherwise noted. *1 Rear yards for principal and accessory structures on lots and tracts which abut a golf course, lake, non- jurisdictional open space or native vegetation preservation areas may be(0) feet except that when abutting a lake or water body an architectural bank treatment shall be incorporated into the design. Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). *2 Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3 Single-family dwellings which provide for 2 parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirements to 5' for the garage and 15' for the remaining structures. *4 Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *5 Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is still maintained. *6 Zero feet (0) or a minimum of five feet(5') on either side except that where the zero-foot(0')yard option is utilized, the opposite side of the structure shall have a ten foot (10') yard to be used on both sides of a structure provided that no structure on any adjoining lot lies within ten(10')feet of a zero(0)lot line structure. *7 The zero (0') foot provision does not apply to any exterior wall of a structure, and is intended to apply to the common wall or wall along interior lot lines within a series of townhouse or semi-detached units. *8 Accessory uses such as any authorized recreational amenity (i.e. pools, spas, landscape features, etc.) may be located within zero(0)feet of a side lot line when adjacent the wall of a residence with no window openings. 3-4 G:\Current\Reischl\PUD\Strand\PUD DOCUMENT clean.doc SECTION IV GOLF COURSE,OPEN SPACE DISTRICT 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course Open Space Tracts indicated on the PUD Master Plan, Exhibit "A". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf courses and golf club facilities, including temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administrative facilities. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 5. Any other principal use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the"GCO"District. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this District. 4-1 G:\Current\Rcischl\PUD\Strand\PUD DOCUMENT clean.doc 2, Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. 3. Retail establishments accessory to the permitted uses of the District such as,but not limited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. 5. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Telecommunications facilities. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the"GCO"District. 4.3 DEVELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of twenty feet (20') from "GCO" District boundaries and private roads, and fifty feet (50') from all PUD boundaries and residential tracts. B. Accessory structures shall be set back a minimum of ten feet (10') from "GCO" District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structure=3 Stories 2. Accessory Structure= 2 Stories E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping—Ten feet(10'). F. Minimum distance between all other principal structures—Twenty feet (20'). G. Minimum distance between all other accessory structures—Ten feet(10'). H. Minimum floor area—None required. 4-2 G:\Current\Rcischl\P U D\Strand\PUD DOCUMENT clean.doc .._._._.. .. . I. Minimum lot or parcel area—None required. J. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of the required golf course parking. K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4-3 G:\Current\Reischl\PUD\StrandWPUD DOCUMENT clean.doc SECTION V PRESERVE DISTRICT 5.1 PURPOSE The purpose of this Section is to preserve and protect the natural wetland vegetation and functional habitat incorporated in the Preserve Tracts. 5.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Pelican Strand Community residents. 5.3 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, subject to regional State and Federal permits when required; A. Principal Uses I. Open Spaces/Nature Preserves. 2. Small docks, piers, or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approvals by permitting agencies. 3. Pathways and or bridges, subject to appropriate approvals by permitting agencies. 4. Drainage, water management, and utilitarian facilities, subject to all needed permits. 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of the Collier County Land Development Code. Rear yards for principal and accessory structures on lots and tracts which abut a golf course, lake, non- jurisdictional open space or native vegetation preservation areas may be zero feet (0') except that an architectural bank treatment shall be incorporated into the design. 5-1 G:\Current\Reischl\PUD\Strand\PUD DOCUMENT clean.doc B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in any applicable permit granted by said agencies, and as set forth in Section 8.13 hereof. The Developer, its successor(s) or assigns, the Pelican Strand Master Property Owners' Association, Inc., shall be responsible for control and maintenance of lands within the Preserve District. 5-2 G:\CurrenS\Rejschl\PUD\Strand■PUD DOCUMENT clean.doc SECTION VI ACTIVITY CENTER DISTRICT 6.1 PURPOSE The purpose of this Section is to identify the commercial uses and development standards applicable to the tracts designated on Exhibit"A"as Commercial. 6.2 DEVELOPMENT EMPHASIS The two commercial tracts constitute 30 acres of commercial development area.They arc located in the northwest quadrant of the 1-751lmmokalee Road interchange,which is an interchange Activity Center. Commercial development is intended to be mixed, including services for highway travelers; local market shopping; financial institutions,offices,transient lodging facilities,and associated uses.The entirety of the two commercial tracts is to be developed under a common architectural landscape architectural theme,so as to serve the joint obje..tives of attractiveness to patrons,and an attractive entry feature for the Pelican Strand residential/golfing community. 6.3 USES PERMITTED The following uses,as identified with a number from the Standard Industrial Classification Manual (1987),or as otherwise provided for within this section,are permitted as of right,or as uses accessory to permitted uses. 1. Unless otherwise provided for in this Section,all permitted uses of the C-2 Commercial Convenience District. 2. Apparel and Accessory Stores(groups 5611-5699). 3. Auto and Home Supply Stores(5531). 4. Business Services(groups 7311,7313,7322-7338,7361-7379,7384,7389 except auctioneering service,field warehousing,bottle labeling,packaging and labeling,salvaging of damaged merchandise, scrap steel cutting and slitting). - 5. Eating Places(5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of Sec.2.6.10). 6. Drinking Places(5813 excluding bottle clubs).All establishments engaged in the retail sale of alcoholic beverages for on premise consumption are subject to the locational requirements of Sec.2.6.10). 7. Food Stores(groups 5411-5499). 8. General Merchandise Stores(groups 5311-5399) 6-i i 9. Group Housing,excluding Family Care Facilities,subject to Sec.2.6.26. 10. Home Furniture, Furnishing,and Equipment Stores(groups 5712-5736). 11. Hotels/Motels(7011). 1 12. Libraries(8231). 13. Membership Organizations(8611-8699). 14. Miscellaneous Repair Services(groups 7629-7631). 15. Miscellaneous Retail(groups 5912-5963 except pawnshops and all uses dealing with secondhand merchandise,5922-5999). 16. Motion Picture Theaters,except drive-in(7832). 17. Museums and Art Galleries(8412). 18. Non-depository Credit Institutions(groups 6111-6163). 19. Paint,Glass,and Wallpaper Stores(5231). 20. Personal Services(groups 7211,7212,7215,industrial dry cleaning only, 7221-7251, 7291). 21. Public Administration (groups 9111-9199,9229,9311,9411-9451,9511-9532,9611-9661). 22. Retail Nurseries, Lawn and Garden Supply Stores(5261). 23. Veterinary Services(groups 0742,0752, excluding outside kenneling). 24. Video Tape Rental(7841). 25. United States Postal Service(4311 except major distribution centers). 26. 11111 1• - •1/ 1 . 1, % ••■ •11• p• • 1 '.1 11 .:Y '-iM111 • IY.M 11 • ;2. Any other general commercial use which is comparable in nature with the foregoing uses. 6.4 PERMITTED ACCESSORY USES IN STRUCTURES A. Accessory uses and structures customarily associated with the uses permitted in this District. B. Essential services and facilities. 6-2 Words gasliglimil are additions; Words struck-through are deletions. 24. Veterinary services (groups 0742, 0752,excluding outside kenneling). 25. Video tape rental (group 7841). 26. United States Postal Service(group 4311 except major distribution centers). 27. Communication tower(location limited to the southeast section of tract"G"). 28. Any other commercial use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the Activity Center District. 6.4 PERMITTED ACCESSORY USES IN STRUCTURES A. Accessory uses and structures customarily associated with the uses permitted in this District. B. Essential services and facilities. 6.5 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of twenty feet(20') from "GCO" and PUD boundaries,private and public roads. B. Accessory structures shall set back a minimum of ten feet(10') from"GCO" boundaries and private roads, and twenty feet(20') from all PUD boundaries and residential tracts. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Retail—2 stories 2. Office/Institutional—4 stories 3. Hotel/Motel—7 stories 4. Communication Tower— 170 feet tall 6-3 G:\Current\Reischl\PUD\StrandU'UD DOCUMENT clean,doc E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping—Ten feet(10'). F. Minimum distance between all other principal structures—none,or a minimum of 10 feet (10')with unobstructed passage from front to rear yard. G. Minimum distance between all other accessory structures—Ten feet(10'). H. Minimum floor area—None required. I. Minimum lot or parcel area—None required. J. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. K. All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design, use of materials and colors throughout all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval. 6-4 G:\Current\Reischl\PUD\Strand\PUD DOCUMENT clean.doc SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 7.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats, 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 agree to follow the Master Plan and the regulations for the PUD as adopted, and any other conditions or modifications as may be agreed to in the re-zoning of the property. Any successor or assignee in title of the Developer is bound by any commitments within this Document. 7.3 PUD MASTER PLAN A. Exhibit "A", the 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 specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, PUD 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 service utilities and all common areas in the project. C. The following shall be considered minor changes and refinements, subject to the limitations of PUD, Section 7.3A: 1. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of South Florida Water 7-1 G:\Current\Reischl\PUD\Strand\PUD DOCUMENT clean.doc Management District and Collier County, and where there is no further encroachment into reserve areas. 3. Reconfiguration of golf course envelopes and design features, when such relocation will not affect adjacent properties or land uses. 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 7.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Pelican Strand project occurred in calendar year 1996. Completion of the golf course and project infrastructure occured in calendar year 1997. Marketing of commercial and residential sites and golf course memberships began in calendar year 1996, and is expected to be concluded in calendar year 2003. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to section 2.7.3.6 of the Collier County Land Development Code. C. This project shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 7.5 POLLING PLACES Pursuant to Section 3.2.8.3.14 at the Land Development Code, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the Official Records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, or homeowner associations allowing community, recreation/public buildings/public rooms or similar common facilities to be used for a polling place if determined to be necessary by the Supervisor of Elections. 7.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A. A perimeter berm along 1-75 may be steeper than provided for by Subsection 2.4.4.14 of the LDC, provided that the Development Services Director determines 7-2 G:\Current\ReischI\PUD\Strand\PUD DOCUMENT clean.doc that detailed development/landscape p nt/landscape plans for the berm demonstrate feasibility, maintainability, and attractiveness. 1. Trees and shrubs shall be planted along the base of the I-75 side of the berm, so as to visually soften the appearance of the steep sided berm. 2. Ground cover on the I-75 side of the berm shall form a dense attractive mat, and shall not require mowing. 3. Trees shall be a minimum of 75%native species. 4. Shrubs shall be a minimum of 35%native species. B. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 of the LDC except as follows: 1. Pelican Strand Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikepath on each side of the street. 2. All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street. 3. All cul-de-sacs serving more than twenty-five (25) single family lots shall be required to have a sidewalk or bikepath on one side of the street. 4. All cul-de-sacs serving twenty-five(25) or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: a. The right-of-way section shall include two twelve foot(12')wide travel lanes, and b. The gross density of the cul-de-sac shall be less than two (2) units per acre. C. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5 of the LDC except as follows: 1. Cul-de-sac and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 7.6.B.4 of this PUD Document. 2. All other cul-de-sacs are required to have a minimum of forty-foot (40') right-of-way and two ten foot(10')wide travel lanes. 7-3 G:\Current\Reischl\PUD\Strand\PUD DOCUMENT clean.doc 3. All other local streets are required to have a minimum forty feet (40') right-of-way and two ten foot(10') wide travel lanes. 4. Cul-de-sacs may exceed a length of fifteen hundred feet(1500'). 5. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10 of the LDC. 6. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 of the LDC provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. 7.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. A security gate may be installed between the access to the commercial area which is open to the general public, and the residential/golf club area. Streets which do not serve the general public may be private. B. The reserved right-of-way along the north boundary of the project is to accommodate the southern half right-of-way for the east-west arterial road indicated on Map TR-7, the Future Traffic Ways Map, Year 2015, an increment of the Collier County Growth Management Plan. Prior to construction of a road within this right-of-way, the Pelican Strand development sponsor, or his assigns, may utilize the right-of-way on an interim basis for berm, buffer, golf course rough, access corridor for maintenance equipment, etc. Upon notification by the County that road construction is imminent, the right-of-way shall be dedicated to the County, and interim utilization of the right-of-way by the Pelican Strand developer of his assigns shall be terminated. Said dedication procedures shall follow the provisions of Section 2.2.20.3.7 of the LDC. C. Work within Collier County right-of-way shall meet the requirements of Collier County Right-Of-Way Ordinance No. 93-64. D. Consistent with the County's Concurrency Management System, development of dwelling units in excess of 680 dwelling units shall be authorized for permitting if the Level of Service (LOS) on either segment of Immokalee Road has not fallen below its adopted "LOS D", or improvements have been committed through the County's Capital Improvements Program for said widenings. E. Individual residential access shall not be permitted to connect to Strand Boulevard within the commercial access area. 7-4 G.1Current\ReischI\PUDIStrand\PUD DOCUMENT clean.doc 7.8 WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. A copy of the SFWMD Surface Water Permit or Early Work Permit with staff report is required prior to final construction plan approval. B. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD rules. 7.9 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. B. Water distribution, sewage collection and transmission lines to serve the project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. C. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. D. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable water and irrigation wells. E. The on-site water distribution system serving the project must be connected to the District's water main and must be 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 include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually 7-5 \Current\Reischl\PUD\Strand\PUD DOCUMENT clean.doc agreed to by the County and the Developer during the design phase of the project. F. The project's Developer(s), its assigns or successors, shall negotiate an Agreement with the District for the use of treated sewage effluent within the project limits for irrigation purposes. The Developer is responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project. The Developer shall negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized. G. Irrigation water will be provided with a separate distribution system supplied by on-site wells, reclaimed water or another non-potable water source. H. The utility construction documents for the project's sewage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one main on-site pump station. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's engineer shall meet with the County Staff prior to commencing preparation of construction drawings, so that all aspects of the sewage system design can be coordinated with the County's Sewer Master Plan. 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 of the project and the District's existing committed capacity. I. The existing off-site sewage transmission facilities of the District must be evaluated for the hydraulic capacity to serve this project and improve as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 7.10 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be the sole mitigation for impacts to Collier County jurisdictional wetlands. 7-6 G:\Current\Reischl\PUD\Strand\PUD DOCUMENT clean.doc B. All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners' association or like entity for ownership and maintenance responsibilities, and to Collier County with no responsibility for maintenance. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted per Paragraph A above. D. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. E. Petitioner shall comply with the guidelines and recommendations of the Florida Game and Fresh Water Fish Commission (FGFWFC) regarding impacts to protected wildlife species. 7.11 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' storage and office facilities and the like, may be erected and utilized during the period of project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 7.12 SIGNS All signs shall comply with Division 2.5 of the Land Development Code in effect at the time of building permit application. 7.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Land Development Code in effect at the time of building permit application. 7.14 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: 7-7 G:\Current\RcjschJ\PUD\Strand\PUD DOCUMENT clean.doc 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby ofd site removal shall be limited to 10% of, to a maximum of 20,000 cubic yards. 2. All other provisions of said Division 3.5 are applicable. 7-8 G:\Current\RcjschI\PUD\Strand\PUD DOCUMENT clean.doc STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of ORDINANCE NO. 2002-57 Which was adopted by the Board of County Commissioners on the 5th day of November, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of November, 2002. DWIGHT E. BROCK �wk-,, Clerk of Court t a , lerk Ex-officio to' $pa ('of• .., County Commissn*s By: Ellie Hoffman, Deputy Clerk co 767' �►OZ,!-may Growth Management Division Planning & Zoning Department August 27, 2014 Mr. H. Michael Mogil 5644 Tavilla Circle # 201 Naples, FL 34110 Re: PUD Comparable Use Determination PUD-CUD-PL20140001769; 5644 Tavilla Circle, Pelican Strand PUD, Tutoring, Collier County, Florida, Folio Number 74979000141 Dear Mr. Mogil: Thank you for your request for a PUD Comparable Use Determination. The subject property is zoned for commercial development in the Activity Center District of the Pelican Strand Planned Unit Development (Pelican Strand PUD), Ordinance No. 02-57. You requested a determination that tutoring (SIC 8299) is a permitted commercial use in the subject PUD. The subject site is governed by Section 6.3 of the PUD, Uses Permitted. The uses include Educational Plants (i.e. schools), Administration of Educational Programs (SIC 9411) and Educational Consulting (SIC 8748), which are permitted uses in the C-2 district. Staff believes that the proposed use of Tutoring (SIC 8299) is a similar to the permitted land uses of Educational Plants and Administration of Educational Programs. In addition, the traffic impact is similar to Educational Plants (i.e. schools), Administration of Educational Programs (SIC 9411) and Tax Preparer Services (SIC 7291). Therefore, Staff believes that Tutoring is comparable in nature to the other uses in the Activity Center District of the PUD and a compatible use in the district. Staffs opinion, subject to affirmation by the Hearing Examiner, is that the proposed use of Tutoring is comparable in nature to other commercial uses in the Activity Center District in the 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. 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 w Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net Attachment C 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) 252-2484 or nancygundlach @colliergov.net. Researched and prepared by: Reviewed by• Nancy Gun. ach, ICP, Principal Planner Raymond V. Bellows, Zoning Manager Planning &,4bning Planning & Zoning cc. Annis Moxam,Addressing Section Laurie Beard,Commitment Tracking AGENDA ITEM 4-C Coiffer County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING& ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION,PLANNING AND REGULATION HEARING DATE: OCTOBER 23, 2014 SUBJECT: PETITION SV-PL20140001193,ASTER AT LELY SIGN VARIANCE PROPERTY OWNER/AGENT: Applicant/Owner: Agent: Aster Lely Apartments LLC Ms. Angela Swartz One Overton Park DeNyse Companies 3625 Cumberland Boulevard, Suite 680 4521 Industrial Access Road Atlanta, GA 30339 Douglasville, GA 30134 REQUESTED ACTION: The applicant is requesting a variance from Section 5.06.02 B of the Land Development Code (LDC)to allow the following on a shared monument sign: • A maximum of 60 square feet of combined copy area for a residential community,Aster at Lely Apartments,and Florida SouthWestern State College(fka Edison State College). GEOGRAPHIC LOCATION: The subject property is located in Lely, A Resort Community Planned Unit Development(PUD) (Ordinance Number 92-15, as amended), specifically in the southwest corner of the intersection of Collier Boulevard (CR 951) and Lely Cultural Parkway in Section 22, Township 50 South, Range 26 East, Collier County,Florida. (Please see the location map on the following page.) SV-PL20140001193,ASTER AT LELY SIGN VARIANCE September 25,2014 Page 1 of 9 q P 1c. I o II i Imo a . _-. P. (ice 11.0) OWA37flO11 213rno s i :7-T,. I i lig F\ 0 Y .1001113114 Z o i I sf 9 a £ /o 1 i. ( p Q � 1'4 fit 1141a 10,...,44 O) v p • \ y_ N J a TeX OIL 10• cn 4t . Z i . s . 1 Q — F a lR - 1. If pU c ap. ii �1 3i z i "fib ----F.51 '_ td 2 I A Ili R III- z Ill q fe Y ro r Q er til :. a) iiil p it von isetE.., ill j g — }E 4, Fig 11 x pf A __ g :6g g :i.a 1; g A. .� I I ---(,. .; - _ __.. - I irtl; ii I f{ f t J - I ; ' 1 1.,..,,..- i-r __.. 4pfi . I -'- -tr=°-v tom_ _.�� _. ( ,... [ � � -' w' I ,,fit I II �. , _• .•v, _ fi,.,,,,;/.,,, /\ '\,_!- , ., ;f\ SITE PLAN SV-PL20140001193,ASTER AT LELY SIGN VARIANCE September 25,2014 Page 3 of 9 � ab¢ 9 tsv 5 i n c 0® i V ' �, �` � I. - 11; z 11r �C4j 1 _ 411 w ° I ��0 1 k 1 4 ��U , b � ,., :s 11'x, V l }y • 1. b • CA 64 Il al ,4‘1011.1.21.m 0/) ' L I 1.[ I .y� b 1 +i .PIII .>i Iw a b I • ' I '' 0 , : . Is ■ Y ©i T`4,'. * C3 g ., U 4 ,LY11 .49 PROPOSED SIGN SV-PL20140001193,ASTER AT LELY SIGN VARIANCE September 25,2014 Page 4 of 9 PURPOSE/DESCRIPTION OF PROJECT: The main entrance point to Aster at Lely Apartments and Florida SouthWestern State College is located at the intersection of Collier Boulevard and Lely Cultural Parkway. (Please refer to the Aerial on the following page.) The Applicant desires approval of a 15-foot height, v-shaped, shared monument sign with 60 square feet of copy area for the Aster at Lely Apartments and for Florida SouthWestern State College. The shared sign is on-premises for the Aster at Lely Apartments and off-site for Florida SouthWestern State College. The first Sign Variance, approved on January 28, 1998, permitted a 15-foot high,two-sided, off- premise directional sign with 72 square feet of copy area for Edison State College. (See Attachment A, Resolution number 98-26.) The second request for a Sign Variance, approved on January 27, 2014, permitted a shared sign for the Aster at Lely Apartments and Florida SouthWestern State College. However, the previously approved 72 square feet of copy area was reduced to 35 square feet as part of the variance request. (See Attachment B, HEX No. 2014- 04.) The current Sign Variance request is for 60 square feet of copy area (which is below the previously approved 72 square feet of copy area in Resolution number 98-26) to effectively accommodate larger signage. According to information submitted by the applicant, the 60 square foot of copy area will accommodate two tenant panels of 30 square feet each; one for Aster at Lely Apartments and one for Florida SouthWestern State College. The requested variance is from LDC Section 5.06.02 B.5 which states: "These signs ......... with a maximum area of 24 square feet .......... " to allow for a maximum area of 60 square feet. As depicted on the Site Plan on page 3, the subject sign location is at the southwest corner of Lely Cultural Parkway and Collier Boulevard. As shown on page 4, the proposed sign will effectively display the name and logo for "Aster at Lely Resort" and the name and logo for "Florida SouthWestern State College." SV-PL20140001193,ASTER AT LELY SIGN VARIANCE September 25,2014 Page 5 of 9 r _ Sign Location ,;, :. - ;� , # i ( ts 1 AERIAL PHOTO SURROUNDING LAND USE AND ZONING: North: Lely Cultural Parkway right-of-way, then a bank, with a zoning designation of Edison Village PUD East: Collier Boulevard (CR 951) right-of-way, then a hospital, with a zoning designation of Collier Regional Medical Center PUD and an RV Park, with a zoning designation of TTRVC (Travel Trailer Recreational Vehicle Campground) South: Immediately south of the sign itself is a portion of the applicant's residential community (Aster at Lely Resort) with a zoning designation of Lely, A Resort Community PUD; and south of the residential tract is a preserve, with a zoning designation of Lely,A Resort Community PUD West: Immediately west of the sign itself is a portion of the applicant's residential community (Aster at Lely Resort) and west of the applicant's parcel is a site being developed as an Assisted Living Facility with a zoning designation of Lely,A Resort Community PUD GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: The subject property is located in the Urban Residential Subdistrict of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. The Lely, A Resort Community PUD is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the Variance request is not specifically addressed. SV-PL20140001193,ASTER AT LELY SIGN VARIANCE September 25,2014 Page 6 of 9 ANALYSIS: The decision to grant a sign variance is based on the criteria of LDC Section 5.06.08.B. Staff has analyzed this petition relative to the evaluative criteria and offers the following responses: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. As previously stated, there are two previously approved Sign Variances for the subject sign. The first Sign Variance, Resolution number 98-26, was approved on January 28, 1998 and permitted a 15-foot high, two-sided off-premise directional sign with a copy area of 72 square feet. The second request for a Sign Variance, HEX No. 2014-04, reduced the copy area to 35 square feet. The current Sign Variance request is for an increased copy area of 60 square feet (which is below the previously approved 72 square feet) to effectively accommodate larger signage for Aster at Lely Apartments and Florida SouthWestern State College. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. If a literal interpretation of the LDC were applied, the Applicant would be limited to the existing sign with 35 square feet of copy area located at Lely Cultural Parkway and Collier Boulevard. The Applicant is seeking to increase the copy area to 60 square feet, an amount which is less than the previously approved 72 square feet of copy area in Resolution number 98-26. c. That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. The Applicant has stated that it is trying to correct a "mistake" in the previously requested and approved sign variance for 35 square feet of copy area. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. However, it should be noted that the sign exists, as approved by previous Sign Variances, and an alternate request might have been through a PUD Amendment. The number and copy-area of signs is a common deviation in PUDs. SV-PL201 40001 1 93,ASTER AT LELY SIGN VARIANCE September 25,2014 Page 7 of 9 e, That the variance granted is the minimum relief that will make possible the reasonable use of the land,building or structure. The requested 60 square-foot copy area is less than the 72 square-foot copy area that was previously approved by Resolution number 98-26. The Applicant has demonstrated a willingness to minimize what was originally approved. f. That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Yes. Section 5.06.01.A. of the LDC states that the purpose and intent of the LDC relative to signage is to ensure that all signs are: 1. Compatible with their surroundings; 2. Designed, constructed, installed and maintained in a manner that does not endanger public safety or unduly distract motorists; 3. Appropriate to the type of activity to which they pertain; 4. Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the needs for regulation; 5. Reflective of the identity and creativity of the individual occupants. In staff's opinion, the request for the additional sign copy area meets the intent of the LDC. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for SV-PL20140001193 revised on September 24, 2014. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner render a decision to approve Petition SV-PL20140001193 as requested by the Applicant with the following condition of approval: 1. The sign shall have a maximum copy area of 60 square feet. 2. Per previous Sign Variance approvals, the sign may also be 15-foot height, v-shaped, shared monument sign for the on-site residential development and the off-site college. SV-PL20140001193,ASTER AT LELY SIGN VARIANCE September 25,2014 Page 8 of 9 PREPARED BY: \ lAvt t. V A NANCY GUND I A(9 I, ICP, PRINCIPAL PLANNER ATE DEPARTMEN' OF 1'I:ANNING AND ZONING REVIEWED BY: _ -- • / _ ._ 7•l8•t+ RAYMO )V. BELLOWS,ZONING MANAGER DATE DEPAR ENT OF PLANNING AND ZONING MICHAEL BOSI, AICP,DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING Attachments: A. Resolution number 98-26 B. HEX No. 2014-04 SV-PL20140001193,ASTER AT LELY SIGN VARIANCE September 16,2014 Page 9 of 9 1 3 Al 1 RESOLUTION NO. 99-26 RELATING TO PETITION NUMBER SV-97-2, FOR SIGN VARIANCES ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, « Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations ;' as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code ((rdinance No, 91-102) which establishes regulations • for the zoning of particular geographic divisions of the County, among ,. t:� which is the granting of variances, and• WHEREAS, the Board of Zoning Appeals being the duly elected constituted Board of thro area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of variances from the requirements of two one-sided off-rrenises directional signs with a copy area of 12 square , ,,,,, r k feet each and a maximum height of 12 feet to allow for one 15 foot high - double-faced oft-premises directional sign with a copy area of 72 ca,i tY r zk�� ' is = square feet, AS shown on the attached plot plan, Exhibit "A", in a PUD 1 N' zone for the property hereinafter described, and has found as a matter:,.} )y a ,g of fact that satisfactory provision and arrangement have been made `• *t+ concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land ` Development Code for the unincorporated area of Collier County, and :_ WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having ".. . considered all matters presented, sr NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: ';-7/4#"%j v 144•" p r er, • -7 Lot 1+: 1> r Attachment A ............... • , e , ''''' ' ''. iiib ti ,.. ,,,,, *'' .. 7'4,,,'ilPitc7 , . • ' `. , - • The Petition SV-97-2 filed by Wiley M.'Parker of Park/Mudget/Smith ., • , . . '•4tiit"*",*,,,.:.:',t"' : '',' Architects, representing Lely Development Corporation on behalf of.„,-...cui,t .... , i.!' Edison Community College with respect to the property hereinafter,,..;,4:,... 411.,. ...,.. described as: ,., A--;.,:, -..!„ r4 .,;-; Exhibit "B".,,' .. , . 110‘..'...,:‘•° 7 * be and the same are hereby approved for variances from the '"4114'qerf',' requirements of two one-aided off-premises directional signslwith.,.:. •:i....,, .., , a copy area of 12 square feet each and a maximum height of 12,..:,:t.• . , t / feet to allow for one 15 foot high double-faced off-premises;''."‘f-1,17' directional sign with a copy area of 72 square feet as shown , • ° the attached plot plan, Exhibit "A", in a PUD zoning district j.A., , .t4:t '''I'' .' wherein said property is located. -.- . ., BE IT RESOLVED that this Resolution relating to PetitionMumber.,:z1.; 1 t ",-.:0A.r, 5V-97-2 be recorded in the minutes of this Board. •• ,..,-,L4L4. Mi.'.,•t•-. .r, r , This Resolution adopted after motion, second and majoritykvote._.?„ . . ' .'' , '. 4•4N7l.t i":„',. :,.51 avie t h i s ,e _ day 0 f ......c„40- iketiv.„.........., 1998' . .. ATTES7: BOARD OF ZONING APPEALS , il.:?';'!vl,f1.3,ei.:P•";,4 f , WICri-, C, BRC,Cl<, Clerk COLLIER COUNTY, Ft IBA 0 „ ■ 13KRBA PA B. DERR , ch Irr.ur ' Approved as to Form and Legal Sufficiencyst, o - , "t)'/' \V"' ':,: , .., • * Mar jdr le 0 Student : ':-. ,,. .V. , _abf. Assistant County Attorney 4 "li;71--fit, sliV-f1.: 0■Er.oilmors . - l' •,-"',, ,'• °, , 4 :.--1, . - .-.....%-t, ;• .. t i-44 f ' ( , ,,, '''' ',*•,,iit41,1 :..., ‘-':.4 .,;,1 .1',,- ., ... - $, ,,- et • f.:1-* '''';'4",'-. 4'. *'' , I • $a +i+,"lYd. a• NdT& : G^�A(1131G5 S!#awN E3CtDW FAR 6ENf�t t . _ usour a StYt.Z. Cl■ELY. SURMIT S iii M A a; 1,46 ax F a AtrfL JAL. ._ s.: 4 .4 , , i c r tOPPE . Pt9 Pi : ,- 1 �OTtC I� 1 • • EDISON P '34434-Lir'4 t_oeo E. " 1•' 1 COMMUNITY I 1,1•D i 4= " xi.- o P 1 t ,., 14 t 1f r a r!«t-t ' . . zure± ir... 11 , 112'f..1 I �=- F'I„if :-4 I. t i LA l� ✓. 1 A ..� ' _�!_ 7 ' r.. . ... „ 5E:11414 1 . , -T---4,. •d tt sw i :me ,',-iv; "!' ; —1— SIEFL. S14NA6E ! —I-f` — --"t , t{« STRt1GTUIZe A iZC tIzet71 I 1 >�- e I .. '__' FaLi N CAT tz)rt5, it f LR 'G >utp.r0 lid I • ... SIDE ELEUAT1oNS Ftxt T } REAR k k�K L VATS ; ;, ti{'• ' AUk-ii#.--.7-4—r--7.---,-. ZI �' jC..ALE7 t/ O 4'• !ME'A.L frtAm o s•tcn PYLONS rf�.-„, _ I r._. — * -1 .4 Wrru TEx-rucr9 'STucco' [ - 7:. t IHif}{ t ' I �1 { I .� 24 ?;;� STEEL S14I4( ITR'�cTUCZ y� � t I to 's "r *& 1Clr1E Pool oA•TIJNS iI I 1 �_ i 4 .r, SIGH 0 65i6NE9't+WiT115TAMD �_. �... .— _. ._. s. orsi0 VE<AsTr or t:k!MM I �. (, b,a j 2.fir,+, y 't -Sx4 C." At"'1t4 A • , »:» I Z�a• 3'•O" t'I,:i4.6, .- t Pt.aN S ECI"I—,t4 ssAte:'Ws a*�,, PARKERIMUDGETTISMITH SIGN AT COWER COUNTY ROAD 951 & ARCHITECTS, INC. LELY CULTURAL PARKWAY .,-,*,` '' ' : I r i EDISON COMMUNITY COLLEGE J NAPLES, FL 2030.8 W. 1ST ST. FT.MYERS,FL 33901 �� t9411 332.1171 FAX 0411332-3537 5 2015 I _ 23 MARCH 1997,, D I r �� A � n .fit ,r-C ,, fit `'fit, ` .t r 1 r 1 t ' Legal daaariptioet r . Propoatd Start East netnt,being a fart of ` . ; . Tract , , ` a ►tat Book 11,pages 41.45, ' C*Irmit Courey,FSoeida +i4 Al that part at Tract`D".sew-girl to ti�4 plod.tLely Ratsart Phase Tea,PW Book 11. Its r 43 through 45.Colas Cotxey,Tlorida,ailing Inert partiostart'daeesibed as tallowy Cowrie +(at that southeast aa°rttr of aald Tract'D' r; ttsara**Jury(the out Lrre of aal4 Trees'Tr in the felerw£nt twe C2)decrat ed~set: 1)North D S1`3"East i 1,11; 2)l+t+rtteaei3r 1.61 feat aloe$the we of t trires+Ctt eserret etoestIlt err de year fterr+irtg a radius of 15.00 feet QJrttug!a oet trel v&a 01'02'42'13'w d being subtended b7 s ctsor4 evhich bars •t Norlir OM"'14" West 1.11 fieot to ttee Pie of lase .Y . , ,.,r,,,„ t ,„, theism Jer.4reg*lie nest fine of t,a14 Traex`t!.”Souris 1t41)1`27-West$0YC0 feet; 41 4,' Olen=ttottJr 01'50`23'want 25.00 fart t4 the aortheri2 tery ofes24 Tree*'D'; , tiro:not 4aer4 tt*t Aces horty bevrdary et said Tract""f)"le de foZow4 g two{2)dweribd Jf '': ¢ ' Y If.i , e* i i rr iy Nash 11°09'3 7-Eats 25.00 feet; . . ., ' .. ,• h 2)woody and aotetttaasettrfy f9.27 Grw alert(die art:eta edrad*r asrve e,a+e*re to this .,3t ��,, aouth.w.a having a rediet of 25.00 few through a sontrtf emit of 91.00'00"and hang erbter+dd by a chord wi4Jt bears Sovth+4•}0'23'East 25.76 feet to die Point of Dtjbwtnt ',,x 1 Subject to santeunts and rouictketa of ret orl :',, 1 Ratings art band an the seat firer of said Tries"D'being Nortft 00'51'SO'Es*.. , (.,c„ rtibrate of m t+ori satlos/La d2. ` ,s a 8. s4A!H Y YiF T ' R4 •t {,� Ex1,ibit "�", t YXS va.. + .,41. x a,4 iv t ,sr'� . r_ r i , . °" I HEX NO.2014—04 HEARING EXAMINER DECISION PETITION NO. SV-PL20130000387 — Aster Lely Apartments, LLC requests a variance from Section 5.06.02.B of the Land Development Code to allow the replacement of an existing single use monument sign with a shared use monument sign for property located at the southwest corner of Collier Boulevard and Lely Cultural Parkway in the Lely Resort PUD in Section 22,Township 50 South,Range 26 East, Collier County,Florida. DATE OF HEARING: January 23,2014 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition,testimony at the hearing of the applicant and the public, and the recommendation of staff,the Hearing Examiner finds that the criteria set forth in Section 5.06.08 B of the Land Development Code has been met and the petition should be approved. ANALYSIS: This application is for changes to a sign that was previously approved by Sign Variance Resolution 98-26. The applicant requests a change in the sign copy (currently limited to "Edison State College")with the addition of the name of the applicant's on-site residential community. It was discovered that an easement from the property owner was never provided to allow the original sign variance to be implemented although the sign was previously constructed. The applicant's request will not exceed the maximum square feet of copy area or the maximum height as allowed by the original sign variance for this double faced sign. DECISION: The Hearing Examiner hereby approves Petition Number SV-PL20130000387 filed by Alexis V. Crispo of Waldrop Engineering, P.A. on behalf of Aster Lely Apartments, LLC with respect to the property located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, and more particularly described in Exhibit A (attached), for a variance from the following requirements: (1) From Section 5.06.02.B.6 to allow the replacement of the existing offsite monument sign that displays the name Edison State College to allow for a shared monument sign,offsite for Edison State College and onsite for applicant. The shared monument sign is a third onsite sign in addition to the two permanent ground signs at the entrance to the Lely community; 1 of 2 Attachment B (2) From Section 5.06.02 to allow offsite signage for Edison State College on applicant's property; and (3) From Section 5.06.02.B.6 to allow up to 35 square feet of combined copy area on the shared monument sign; as shown on the Site Plan attached as Exhibit B,and subject to the condition(s) set forth below. Further, the Hearing Examiner acknowledges that the existing variance under Resolution 98-26 to allow a 15-foot monument sign shall apply to the shared monument sign. ATTACHMENTS: Exhibit A—legal description Exhibit B—Site Plan LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: 1. An easement for the sign will be recorded within 30-days of this decision. 2. It is anticipated that Edison State College may change their name and this sign variance includes any future name change related to Edison State College. 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. LA/ea Date :Marla Strain,Hearing Examiner Approved as to form and legality: lie'.i Ashton-Cicko mm Managing Assistant County Attorney 13-CPS-01233/19 2 of 2 LEGAL DESCRIPTION BEING A PORTION OF TRACT"D",LELY RESORT PHASE TWO,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 (INCLUSIVE)OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, TOGETHER WITH A PORTION OF SECTION 22,TOWNSHIP 50 SOUTH,RANGE 26 EAST, SAID COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY MOST CORNER OF LELY CULTURAL PARKWAY, LELY RESORT PHASE TWO; THENCE SOUTH 00°51'50"WEST,ALONG THE EASTERLY BOUNDARY OF SAID LELY CULTURAL PARKWAY,A DISTANCE OF 146.34 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT"D",THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH 00°51'50"WEST,ALONG THE EASTERLY BOUNDARY OF SAID TRACT"D",A DISTANCE OF 18.83 FEET; THENCE CONTINUE SOUTH 00°51'50"WEST,A DISTANCE OF 530.71 FEET; THENCE NORTH 89°08'10"WEST,A DISTANCE OF 176.41 FEET; THENCE NORTH 02°03'00" WEST,A DISTANCE OF 229.16 FEET; THENCE NORTH 78°19'00" WEST,A DISTANCE OF 158.93 FEET; THENCE SOUTH 16°35'42"EAST,A DISTANCE OF 218.93 FEET; THENCE SOUTH 61°55'33"WEST,A DISTANCE OF 201.68 FEET; THENCE NORTH 77°51'00" WEST,A DISTANCE OF 517.56 FEET; THENCE SOUTH 76°11'00" WEST,A DISTANCE OF 354.37 FEET; THENCE NORTH 40°47'11" WEST,A DISTANCE OF 651.40 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID LELY CULTURAL PARKWAY,AND A POINT ON A NON-TANGENTIAL CURVE; THENCE RUN THE FOLLOWING THREE(3)COURSES ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; COURSE NO. 1: EASTERLY, 342.81 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY,HAVING A RADIUS OF 1,354.86 FEET,THROUGH A CENTRAL ANGLE OF 14°29'49"AND BEING SUBTENDED BY A CORD WHICH BEARS NORTH 80°54'42" EAST,341.89 FEET; COURSE NO.2:NORTH 88°09'37"EAST, 1,376.84 FEET TO A POINT OF CURVATURE; COURSE NO. 3: SOUTHEASTERLY,40.45 FEET ALONG THE ARC OF A CIRCULAR CURVE,CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 92°42'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 45°29'17"EAST,36.18 FEET TO THE POINT OF BEGINNING. CONTAINING 800,960 SQUARE FEET OR 18.388 ACRES, MORE OR LESS SUBJECT TO EASEMENTS RESTRICTIONS AND/OR RESERVATIONS OF RECORD. BEARINGS ARE BASED ON THE EASTERLY BOUNDARY OF LELY CULTURAL PARKWAY AS BEING SOUTH 00°51'50"WEST(ASSUMED PER PLAT) Exhibit A I ii 11 11 1 u II It .....„,M I I n r a 1 . .. lr , r, sr 1 II It._...... a �' i i■ tt I! ft I II If 1 it �i y tf■.. 1 11 It t 1 11 r1 1 •a11 y ii + 11 1 1 l i 1 x i i it : 1 1 11 1 II 1 11 it It 1t !t 'i 11 $ tl 1 tali 11 : 1 e ^C 11 r Ig1 , C 11 t 1 1 1 '- r fl 1 1 1 a 't }mow •� 1 1 o4 i 1 .1 11:: :: . 1 I XI -17 [ I ti �i ii . r I j 11 i ii 1 I y II i ii ,i I M 0 i it ii ii ii §' �I r 4 u"`w� h k; I I 1 ii i1 ; 1 CD 11 11 It I . ' j 11 --1 f. i,it 11 j • ::—...T.2..=:,, —,rztr.=:ri COWER BOULEVARD (C.R.95t) ._....: Z le if ill 1110111Z 1 II 1 1 ASTER AT LELY/FLORIDA SOUTHWESTERN STATE COLLEGE(FKA EDISON COMMUNITY COLLEGE) 8150 LELY CULTURAL PARKWAY NAPLES, FL 34113 PROPERTY ID#00432960145 SIGNAGE VARIANCE APPLIED FOR BY DENYSE COMPANIES CONTACT-MIKE NORTON 678-523-1195 OR ANGELA SWARTZ 727-244-9838 1 D EN E C O M P A N I E S SIGNS•LIG■TING• II RCNITECTUR•L June 26,2014 Collier County Land Development Services Departs o nt 2800 North Horseshoe Drive Naples,Florida 34104 RE: Aster at Lely/Edison State College Sign Variance Petition (PL2014000193) To Whom It May Concern: On behalf of Aster Lely Apts, LLC,enclosed please find a sign variance petition in regards to Aster at Lely Resort("Project"),a 17.5+/- acre multi-family community development located at the southwest corner of Collier Blvd,and Lely Cultural Pkwy in the Lely Resort PUD. A new monument sign for Aster at Lely Apartments and Edison State College located at the southeast corner of the site,pursuant to an approved sign variance per Petition SV-PL20130000387. While the most recent petition for variance has been approved,the allowance for sign area was mistakenly requested at 35 square feet. To support the marketing branding of both Aster at Lely Resort and Edison State College,the owners are seeking approval of sign variance to amend the current allowance of 35 square feet to 60 square feet.The original approved variance per Resolution 98-26, allowed for 72 square feet of sign area and applicant is requesting consideration for a maximum allowance of sign area not to exceed 60 square feet. As shown on the enclosed scaled drawing,the proposed sign will effectively display the community name and logo for"Aster at Lely Resort" as well as name and logo for"Edison State College". The proposed signage will be limited to a maximum copy area of 60 square feet which is less than the sign face area originally approved in previous variance petition SV-97-2 but amended from the most recent approved variance allowance of 35 square feet.Due to access limitations along Collier Boulevard,this variance will provide appropriate visibility for prospect traffic along both Lely Cultural Parkway and Collier Boulevard. 4521 INDUSTRIAL ACCESS ROAD DOUGLASVILLE,GA 30134 PHN.770.942.0688 FAX.770.489.0934 D E C O M P A N T E S SIGNS•LIGHTING•ARCHITECTURAL The following is a summary of how the proposed variance is consistent with the criteria in LDC sec. 5.06.08 1. Are there special conditions and circumstances existing which are peculiar to the location and characteristics of the land,structure or building involved? The project has 1,700 +/- feet of frontage along Lely Cultural Parkway and 500 +1- feet of frontage along Collier Blvd.The previous variance petition mistakenly requested a reduced allowance for sign area of 35 feet total,when the request should have been for a maximum allowance of 6o square feet(30 feet per each tenant name and logo).The significant frontage,approved new structure and the quantity of(2) tenant panels present conditions that merit approval of an increased allowance for sign area for purpose of appropriate visibility to prospect traffic. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is subject to the variance request? The most recent and approved variance request mistakenly requested a reduction in sign area that was less than the necessary area needed to appropriately identify both the multi- family development and the state college. Original approved variance was for 72 square feet and the appropriate request should have been for a reduced allowance of a maximum allowed sign area of 60 square feet.Applicant is requesting the allowance be amended. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant of create practical difficulties on the applicant? The literal interpretation of the zoning code creates a practical difficulty on the applicants to market/brand both the residential community as well as the state college. Re-design of this existing sign, in conformance with the approved dimensions is appropriate in consideration of this special condition.The limitation on signage prevents the community and college from obtaining visibility from Collier Boulevard,which is a heavily traveled arterial level roadway. 4521 INDUSTRIAL ACCESS ROAD DOUGLASVILLE,GA 30134 PHN.770.942.0688 FAX.770.489.0934 D ENYS E C O M P A N I E S SIGNS• LIGHTING •ARCHITECTURAL 4. Will the variance,if granted,be the minimum variance that will make possible a reasonable use of the land,building or structure and which promotes standards of health,safety and welfare? Yes,the dimensions on the attached sign exhibit demonstrate a smaller sign area than the approved in original variance request Resolution 98-26 of 72 square feet,while still adding an additional tenant to share the approved tower sign.Therefore,the Applicants have made a concerted effort to ensure the request reflects the minimum needed to accomplish reasonable signage on the property. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district? No. Numerous PUDs throughout the county were approved for deviations that allow for monument/boundary marker signs at major intersections in addition to the allowable entry signage. Examples include Mediterra,Talis Park and Mirasol in North Naples. Therefore the approval of this request will not confer a special privilege upon the Applicant that has not been approved elsewhere. 6. Will granting the variance request be in harmony with the intent and purpose of the zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare? The variance will uphold the intent of the variance code to ensure a cohesive,attractive development pattern throughout the County,while ensuring development does not negatively impact public health,safety or welfare. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves,lakes,golf courses,etc. No. 8. Will granting the variance be consistent with the Growth Management Plan? Yes,the variance request is consistent with the goals,objectives,and policies in the Growth Management Plan. 4521 INDUSTRIAL ACCESS ROAD DOUGLASVILLE,GA 30134 PHN.770.942.0688 FAX.770.489.0934 .............. DENYBE C O M P A N I E S SIGNS•LIGHTING•ARCHITECTURAL The following items are enclosed for your review. 1. A check in the amount of$ for the application fee 2. Twelve (12) copies of the cover letter detailing the purpose of the variance request 3. Twelve (12) copies of the variance application 4. One (1) copy of the notarized affidavit of authorization 5. Twelve (12) copies of the pre-application meeting notes 6. One (1) copy of the approved addressing checklist 7. Twelve (12) copies of the site plan 8. Twelve (12) copies of the aerial location map 9. Twelve (12) copies of the proposed sign exhibit 10. Twelve (12) copies of the previously approved sign variance 11. One (1) copy of the entire submittal documents on CD-ROM 12. Twelve (12) copies of the original approved variance request from 1998 showing a larger approved sign area. Should you require additional information or have any questions,please feel free to contact me directly at(727) 366-9267 or aswartzOldenyseco.com Sincerely, DeNyse Companies Angela Swartz Project Manager 4521 INDUSTRIAL ACCESS ROAD DOUGLASVILLE,GA 30134 PHN.770.942.0688 FAX.770.489.0934 Collier County COWER COUNTY GOVERNMENT --JO NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 SIGN VARIANCE PETITION LDC section 5.06.08 & Code of Laws section 2.83 -- 2.90 Chanter 3 1. of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED Name of Applicant(s): Lely Apartments LLC Atlanta GA 30339 Address: City: State: ZIP: Telephone: (678) 589-7770 Cell: Fax: (678) 589-7771 E-Mail Address: cbutler @360res.com Name of Agent: Angela Swartz Firm: DeNyse Companies Address: 4521 Industrial Access Rd City: Douglasville State: GA Zip: 30134 Telephone: (770) 942-0688 Cell: (727) 366-9267 Fax: (770) 489-0934 E-Mail Address: aswartz @denyseco.com Provide a detailed legal description of the property covered by the application. If space is inadequate,attach description on a separate page. Property I.D. 00432960145 Section/Township/Range: 22 /50 /26 subdivision: Lely Resort Unit: Lot: Block: Metes&Bounds Description: See Attached Address of Sign Location: No site Address - Southwest corner of CR 951/Lely Cultural Pkwy Current Zoning: PUD Land Use of Subject Parcel: Multi-Family If a wall sign,length&height of wall upon which the Sign will be secured: N/A Width of Subject Property(road frontage): 1 700 feet of frontage - Lely Cultural Pkwy: 575 6/4/2014 Page 1 of 3 Coilier County COLLIER COUNTY GOVERNMENT __J0 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 1. On a separate sheet attached to the application, provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15 ft. to 10 ft.; why encroachment is necessary; how existing encroachment came to be;etc. 2. Please note that staff shall be guided in their recommendation to the Hearing Examiner, and that the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the below listed criteria (a-f), pursuant to LDC subsection 5.06.08 B. On a separate sheet attached to the application,please address the following criteria: a) That special conditions and circumstances exist which are peculiar to the land,structure or building involved and which are not applicable to other lands,structures or buildings in the same district. b) That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. c) That the special conditions and circumstances which are peculiar to the land,structure or building do not result from the actions of the applicant. d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. e) That the variance granted is the minimum relief that will make possible the reasonable use of the land,building or structure. 1) That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan,and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. 6/4/2014 Page 2 of 3 Col E ier County COWER COUNTY GOVERNMENT _-,l0 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierjov.net (239)252-2400 FAX:(239)252-6358 The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW ! N OF REQUIRED NOT �----- — COPIES REQUIRED Completed Application ioownioaa current form from County website) 6 t Pre-Application meeting notes ' 1 — I nuilILVIZdt1Ln!signea ano notarized Su■vey Cr Step ar pf Property i 2 Lot ereore Map oep■ t■ng major streets in area for reference 1 = 1 Once the first set of review comments ore posted, provide the assigned project manager the Property Owner Advisory Letter and Certification 1 ❑ El Eiectron,c Copy Of die documents ana plans "Please advise: The Office of the Hearing Examiner requires all materials to be! 1 ❑ ❑ 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. • P ease contact the project manager to confirm the number of additional copies required FEE REQUIREMENTS: Pre-Application Meeting:5500.00 Sign Variance Petition:52.000 00 Estimated Legal Advertising Fee for the Office of the Hearing Examiner:5925 00 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 As the authorized agent/applicant for this petition,I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of process this petition. Date 1):10[a 2. i-t,a 12 - (Lk t Printed ame/Title 6/4/2014 Page 3 of 3 PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F.3. =meseesmy --- — --- - ---~~ —^�--= --` °nimm Any applicant requesting variance approval or parking exemption approval must provide documentation to the planning services department indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient." Applicant must submit a Property Owner Advisory Letter certif�/ng �h��Ulopropodvowners within 15O feet oy the eubi�ctni } vvenenu��ed Letter ^ subject ^" notified. navepoope�yovvnernlist attached. '- must Property owners list must be submitted after initial staff review and comment on the application and before the Public Hearing io scheduled with the Collier Counh/ Planning Commission. {l\CDES�P�nn|ng Sem�e�CunenoPe�.pp|ismon Forms 2V11xpn*opp Forms JUNE 20111SVG/sn Variance Pre-Application ^"..=^u. .pvc revised: 8/5/02. rev.6/21/11 I i Name 1 Representing Phone } Email ,., - ) I l' 1 C-11 f ./1 -a j" -1 I L..;rS 1:. a .Y 3 r'i.i ,( 't ':..rff'1-:' .,i i't f.--7 5 vr``N — ' i 1 i I f 1 1 I j __ ...,.. .. f...„ i t ° 1 --7----- ...._ --f _ ___, : ; i 1 .1_________t_. , / N i I 1]1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 2Oi4000n93 I Jef Warshaw (print name),as �'o'ug,ng t.1sm52r P ) (title, if applicable)of Aster Lely Apalments,LLC (company, If applicable),swear or affirm under oath.that I am the(choose one)owner j applicant ncontract purchaserLjand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action 5. Well authorize Angela swa1zroeNyaecemparues to act as our/my representative in any matters regarding this petition including 1 through 2 above. `Notes. • If the applicant is a corporation, then it is usually executed by the corp. pres or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's"Managing Member" • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner'of the named partnership. • If the applicant is a trust. then they must include the trustee's name and the words as trustee' • In each instance, first determine the applicant's status, e g. individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penities of,perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stOted In It are true. I Signature / Date STATE OF FL'RIDA-- C�J } COUNTY OF COWER- The fore9�yg�q n' Instrument was sworn to(pr affirmed')and subscribed befcre me on ( � --(/ ..w!'i... x 1 idateS to�1 } mime t."ta e r person providing oa±r, or affirmation, as turf"ici is personally known to me br wnu has produced type of dertification;,as ideratlfication STAMP/SEAL ttiafaat��, Signature of Notary Public A POE.,://, TYPIRES GEORGIA A i 22.7tltT « CP.08-coA.OUI15\155 R RF\ 3'24,14 Cj 88 oilf% AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) SvP1.2o140001183 I Jeff Waraaw (print name), as Managing Member (title, if applicable)of Auer at Lety Apartments,LLc (company, If a licable),swear or affirm n under oath,that I am the(choose one)owner pi applicant contract purchase/ land that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code, 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true. 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Michael Norton.[Wine companies it addmon to Angela Swartz Denys.Comwnros to act as our/my representative in any matters regarding this petition including 1 through 2 above, 'Notes: • If the applicant is a corporation, then it is usually executed by the corp pres. or v pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's "Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words as trustee". • In each instance, first determine the applicant's status, e g, individual, corporate, trust, partnership. and then use the appropriate format for that ownership. Under penalties of perjury,I)deplare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are trye. / 9 %3/,1 Signature Date STATE OF F4-44R116A Gf•'iiN COUNTY OF COWER C u t� The foregoing instrument was sworn to(or affirmed)and subscribed before me on 1 /`f (date)by .,..„,.,...._.._ (name of person providing oath or affirmation), as who is personally known to me or who has produced ,rte1 type of iderrtif.catson a`tstrrt•ln it aon STAMP'Sexi. �� 1(4„ �.• Signature of Notary Public .rte”° aft w (row lrt•ai{iii;i€5 intossoo, kt $9j9nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: Sign Variance Date and Time: June 17,2014 10 a.m. Assigned Planner: Nancy Gundlach Engineering Manager(for PPL's and FP's): Protect Information Project Name: Lely Sign Variance PL#: 20140001193 Property ID#: (7)(11 (L:G I Li 5 Current Zoning: Lely a Resort Community PUD Project Address: i'`X` Lc'/ 1 t_,tikkl '" pity Naples State: FL Zip: Applicant: 1 �ti'i�?�'' Agent Name: r\ `'k` t I Phone: 4:. t+`' Agent/Firm Address -w I .i xf i 4 { ; q 4 Cilty: `',t`\t..;''t It. State:(F} Zip: Property Owner: i L o a 1 t"1 j `� LL,L' ) l` Please provide the following,if applicable: I, Total Acreage: N/A ii. Proposed 1#of Residential Units: N/A iii. Proposed Commercial Square Footage: N/A iv. For Amendments,indicate the original petition number: N/A v. if there is an Ordinance or Resolution associated with this project, please indicate the type and number: Resolution No. 98-26 vi. If the project is within a Plat, provide the name and AR#/PL#: NI ►� er Cattfity COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Meeting Notes 111111111111111111111111- 111 1 tit , / , \ t 1 T14 ta ',RI C4511Sit t\,4(1 ji'llaiti$a- i ' fibTt (AA 2,C, 'IV (.0 0 Itl. Pre-Application Meeting Sign-In Sheet PL#: Collier County Contact Information: Name j Review Discipline 1 Phone i Email ❑ David Anthony Environmental Review i 252-2497 1 davldanthony @colliergov.net j f J Summer Araque Environmental q Review 252-6290 t summerbrownaraque@colller:ov.net ± j ❑ Alison Bradford,P.E. Engineering Services 252-6820 ailsonbradford @colliergov.net C Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net George Heidi Cascio Ashton Cicko f Utility Billing 252-5543 ' georgecascio @coiliergov.net � Managing Asst-County Attorney 1 252-8773 heidiashton @colliergov.net f Kay Deselem,AICP Zoning Services 252-2931 kaydeselem @colliergov.net Paula Fleishman Impact Fee Administration _ 252-2924 { paulafleishman@colliergov.net L aei Gibbons I Structural/Residential Plan Review 252-2426 michaelgibbons@colliergov.net Nancy Gundiach,AICP,PIA Zoning Services 252-2484 nancygundlach @colliergov.net L. John Houldsworth Engineering Services 252-5757 Johnhouldsworth@colliergov.net l.j Marcia Kendall Comprehensive Planning ! n�_.._._._.._......._ __.,_____,,.,.._,_�.•._._. 252-2387 , marciakendall collier ov.net J Reed Jarvi,P.E. Transportation Planning 252-5849 reedJarvi @colliergov.net J Stephen Lenberger Environmental Review 252-2915 stevelenberger @colliergov.net ■ J Paulo Martins Utilities 252-4285 paulomartins @colliergov.net ❑ Jack McKenna,P.E. I, Engineering Services 252-2911 Jackmckenna @colliergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279 matthewmclean @colliergov.net (n Gilbert Moncivaiz Utility Impact Fees 2524215 gilbertmoncivaiz @coliiergov.net r Michele Mosca,AICP Comprehensive Planning s 252-2466 I michelemosca@colliergov,net 1 U Annis Moxam Addressint + 252-5519 annismoxam@colliergov.net❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree @colliergov.net E 1 Brandy Otero ( Transit 252-5859 brandyotero@colliergov.net I (1 John Podczerwinsky Transportation Planning 252-5890 ,johnpodczerwinsky @colllergov,net Brandi Pollard Utility Impact fees 252-6237 brandipollard @coliiergov.net C Fred Reischl,AICP Zonin_g Services .252-4211 1 fredreischi@colliergov.net U Stacy,Revay Transportation Pathways 252-5677 , stacyrevay @colliergov.net g Brett Rosenblum,P.E. ! Utility Plan Review 252-2905 ' brettrosenblum @colliergov.net ❑ Michael Sawyer Zoning Services 252-2926 I michaelsawyer@colliergov.net wyer@colliergov.net O Corby Schmidt,AICP Comprehensive Planning 1 252-2944 corbyschmidt@colliergov.net J Chris Scott 1 _ Planning and Zoning i 252-2460 chrisscott @coiiiergov,net ❑ Daniel Smith,AICP Landscape Review 2524312 ; danielsmithCcOcaibergov.net U Scott Stone Assistant County Attorney 252-8400 1 scottstone @colliergov.net I Mark Strain Hearin: Examiner/CCPC 252-4446 markstrain @coliiergov.net . Carolina Valera 4- Comprehensive Planning 252-8498 i carolinavalera@colliergov.net C Kris VanLen en 1 � g i Utility Planninj 4 252-5366 krisvanlengen @colliergov.net Hi L Jon Walsh _....B uilding Review 252-29_6 2 J o...n athonwaish@coliler ov.net Ei David Weeks.AICP Future Land Use Consistency 252-2306 davidweeks @colile_gr ov.net ❑ Kirsten Wilkie ? Planning and Zoning ...j 252-5518 kirstenwiikie@colliergov.net r 1 t� < >>+(:'`.,l?�.�! /.`.ui;-� - ■ �•-,4b,,,e0: d(. /:i'V(,::' ."v.A.G�' e .................... 1 S2&c0Mty COLUER COUNTY GOVERNMENT __JO NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Sign Variance Chapter 3 I.of the Administrative Code ..The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW 4 OF 'REQUIRE NOT COPIES REQUIRED i Completed Application(download current form from County website) I'7". 6 I Pre-Application meeting notes 1 �, ( Affidavit of Authorization signed and notarized 2 i Survey or Site Plan of Property 6 i 1 j Location Map depicting major streets in area for reference 1 I•.w- Completed Addressing Checklist 1 h Once the first set of review comments are posted,provide the assigned project 1 ,—✓ O manager the Property Owner Advisory Letter and Certification �) Electronic Copy of all documents and plans — *Please advise: The Office of the Hearing Examiner requires all materials to be 1 I I� 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: G Pre-Application Meeting:$500.00 Or Sign Variance Petition:$2,000.00 l //Estimated Legal Advertising Fee for the Office of t Hearing Examin $925.00 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 As the authorized agent/applicant for this petition,I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of process this petition. Applicant/Agent pp /Agent Signature Date Printed Name/Title I 6/4/2014 Page 3 of 3 Cot[tr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ B• L(Blasting Permit) ❑ SDP (Site Development Plan) ❑ B• D(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Camival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change-Unplatted) ❑ PNC(Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans&Plat Review) ® VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ R• Z(Standard Rezone) ❑ OTHER SLq.. s _...... ... ,,,... a �.. ... LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) l Q-c C.L) C3_ 51 Z.-�- - s G) - Z C. e. ,_ .......-.._ __ _-. FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) 0 C> 3 Z Coo ( c_4- S STREET ADDRESS or ADDRESSES (as applicable, if already assigned) S I p 1--2 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) C`CCs�'2o PROPOSED PROJECT NAME (if applicable) A s c e+� Pk-Serf-1 PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP -Z6 of or AR c-P -# ]f! �� Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 VVWW.COLLIERGOV.NET Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Check One: ID Checklist is to be Faxed back Personally Picked Up APPLICANT NAME 121C‘Li - PHONE —9'1"" (c, r FAX (1% Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary) 0 O (-4- 7-9 Ca 0 Folk)Number Folio Number Folio Number Approved rvt0-.40.,I. Date. C. / — / Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 4 INSIR 4957446 OR 5018 PG 1320 RECORDED 3/19/2014 2:48 PM PAGES 7 D IGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DCYCC1.70 $0.70 REC 561.00 EXECUTION VERSION This instrument prepared by and return lo: Chris Schneider,Esq. Bryan Cave,LIP One Atlantic Center,14°i Floor 1201 W.Peachtree St.,NW Atlanta,GA 30309 SIGNAGE EASEMENT THIS SIGNAGE EASEMENT (the "Easement") is made and executed this !a, day of March, 2014, by and between ASTER LELY APARTMENTS LLC, a Georgia limited liability company ("GRANTOR") and THE DISTRICT BOARD OF TRUSTEES OF EDISON STATE C .1 4E .Ft:CRiDA, its successors and assgrs ("GRANTEE"). v1,' r o' GRANTOR has agreed" to,.grant to GRANTEE; stacmssors and ass gns, a non-exclusive easement for the p t1aac.ation.of Grantee"s signage on Grantor's monument on the propely descnboed 1 Exhibit A attached and made a part hereof ("Easement Area"). NOW, THEREFOREr40 r 'v idptickfat ofih�,sun►pf Ten Dollars ($10.00) and other good and valua�bte\cansidera!on, theifrece t att sufficiency of which is hereby acknowledged, the Gf NTOR hereby gran ,to the PRAN T FE, its successors and assigns, a non-exclusive ,dement for the p'Lrpose of location of GRANTEE'S signage on GRANTOR's nlnnurnepttnthe Easement Ares, TO HAVE AND TO HOLD. boo"! thel easement hereby granted to the GRANTEE,subject to the following: 1) GRANTEE and GRANTOR have agreed on the size, color, content, shape and placement of GRANTEE's sign on GRANTOR's monument, which shall be substantially as shown on Exhibit B, attached and made a part hereof. The monument shall be constructed by GRANTOR and GRANTEE'S sign shall be installed by GRANTOR, The monument, surrounding landscaping and associated lighting shall be maintained by GRANTOR. 2) The easement rights and privileges herein granted shall be perpetual. 3) GRANTOR, its successors, assigns or legal representatives, does not assume any liability or responsibility to GRANTEE, its licensees, successors, assigns, legal representatives or others likely situated, or any person using the land by invitation, expressed or implied, or by reason of any business conducted with GRANTEE, its licensees, successors, assigns, legal representatives, or other likely situated. 4) It is further understood by the parties hereto that the cost of construction, maintenance, repair and replacement of the improvements constructed by GRANTOR 6324709.6 1 OR 5018 PG 1321 within the Easement Area shall be borne by the GRANTOR. GRANTEE shall pay good and valuable consideration for the rights granted herein. GRANTEE shall have no right to modify, remove, or otherwise change the Easement Area or monument signage without the prior written approval of the GRANTOR, which approval shall not be unreasonably withheld. 5) This Easement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns, and shall run with the land and shall be binding on all future owners of the Easement Area. 6) This is a private easement between GRANTOR and GRANTEE and neither the general public nor any purchaser of property encumbered by this Easement shall acquire any right, title or interest in or to this Easement but such purchasers shall be bound by the terms hereof and shall lake title to the property subject to this Easement, unless such Easernen; + ‘t i t °(a) it accordance with Section 2 hereof,or(b)for failure to pay any caci$16eralreh du 4, [SIGNATURES APPEAR ON FOLLOWING PAGES] 17: ice! , SIGNAGE EASEMENT -2- t* 5018 PG 1322 IN WITNESS WHEREOF, the parties have caused these presents to be executed in its name the day and year first above written. Signed, sealed and delivered GRANTOR: in the presence of: ASTER LELY APARTMENTS LLC, a Georgia limited liability company By: Lely Apartments, LLC, a Georgia limited Print Name: =' .� �r /it a liability company, its sole Member and Managing Member k' _ ( s icy: -Lely Member, LLC, a Delaware Print Name: 6-4 fd liability company, its � L Managing Member jt* . rshaw, its Manager STATE OF C,:ec COUNTY OF-LEE doh 7 ' ( ; I hereby,certify that on this day/before me, personally appeared TeT-5 • LU (,r"S , as s,�,./th. kjs c of ASTER LELY APARTMENTS LLC, a Georgia limited liability company, ru• a- = * n Icy MO or has provided as identification. QQ Notary Public J llllll •`\ 1•*;rRAP0E '•",Print Name la.rn€r, Poe , • 'pT"' My Commission Expires: : N E; t.-//2 y/2 )a0 i 7 2 : GEORGIA Mrif 22,2017 [ADDITIONAL SIGNA1JRi u+AOPEAR ON FOLLOWING PAGE) SIGNAGE EASEMENT -3- oFt 5018 PG 1323 . GRANTEE: THE DISTRICT BOARD OF TRUSTEES OF AEDISON STATE COLLEGE, FLORIDA Drina '�"' °: raft r°v S,r.11brittezt r'� - Titl-; Prrs dent Print Name. ,. !e(, Gi :"1i_._.- ,- Vi I, VAr.rovEr AS TO FOAM STATE OF FLORIDA e'' -- COUNTY OF LEE r, I hereby certify that 14-t (1.3ybe ate i1e, rerst nal;y. ea d gecfen S.Allbrt ten as__Prerlder°'i " f`1`he.:f istr,c Board of Trustees of_gdison State College, lort0 on behalf of Et:11W Stag.Oollege. watt , erscnalry crown to reprucd y aslentifioatic _ � ' Nbfary Ptbi Print Name .w- ..',t``(, aM,i.._ ' My Commission Expires: /:- DANESSA E.STEVENS t L. a Notary Public•State of Florida ) 'My Comm Eeplfee Aug 19,2017,a <!r".r/ Commfsalon•FE 46712 } SIGNAGE EASEMENT -4- I OR 5018 PG 1324 1 II 11 ;,.. °, . ..1F« 11/ - ' . .;.' -.r." =`,.' /',.$9 • 2".7,,e-Lltdt4t:1 ) Z 1 11111 ill s.2 .. 4.'. 1??,`,.1, -1"gOic2;.117g1.:;`,g:;• A 14 illill ot R/ •45 0 ve ,:'. 0 0 ...b.*. t.........0 •-i-1.,7. * ,., I t ..-z„ tiii.. os.,-V 4,s1 4o N. •. 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' : / A ,iti t c r " I OA F'i:::- --, I 1 1 -- 'It! b S�1 -PL. -�ot4_ t�q3 LEGAL DESCRIPTION BEING A PORTION OF TRACT"D",LELY RESORT PHASE TWO,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 (INCLUSIVE)OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH A PORTION OF SECTION 22,TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY MOST CORNER OF LELY CULTURAL PARKWAY, LELY RESORT PHASE TWO; THENCE SOUTH 00°5150"WEST,ALONG THE EASTERLY BOUNDARY OF SAID LELY CULTURAL PARKWAY,A DISTANCE OF 146.34 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT"D",THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH 00°51'50"WEST,ALONG THE EASTERLY BOUNDARY OF SAID TRACT"D",A DISTANCE OF 18.83 FEET; THENCE CONTINUE SOUTH 00°51'50"WEST,A DISTANCE OF 530.71 FEET; THENCE NORTH 89°08'10"WEST,A DISTANCE OF 176.41 FEET; THENCE NORTH 02°03'00" WEST,A DISTANCE OF 229.16 FEET; THENCE NORTH 78°19'00" WEST,A DISTANCE OF 158.93 FEET; THENCE SOUTH 16°35'42"EAST,A DISTANCE OF 218.93 FEET; THENCE SOUTH 61°55'33" WEST,A DISTANCE OF 201.68 FEET; THENCE NORTH 77°51'00" WEST,A DISTANCE OF 517.56 FEET; THENCE SOUTH 76°11'00" WEST,A DISTANCE OF 354.37 FEET; THENCE NORTH 40°47'11" WEST,A DISTANCE OF 651.40 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID LELY CULTURAL PARKWAY,AND A POINT ON A NON-TANGENTIAL CURVE; THENCE RUN THE FOLLOWING THREE(3)COURSES ALONG SAID SOUTHERLY RIGIIT-OF-WAY LINE; COURSE NO. 1: EASTERLY, 342.81 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,354.86 FEET,THROUGH A CENTRAL ANGLE OF 14°29'49"AND BEING SUBTENDED BY A CORD WHICH BEARS NORTH 80°54'42"EAST,341.89 FEET; COURSE NO.2:NORTH 88°09'37"EAST, 1,376.84 FEET TO A POINT OF CURVATURE; COURSE NO. 3: SOUTHEASTERLY,40.45 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 25.00 FEET, THROUGH.-.CENTRAL ANGLE OF 92°42'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 45°29'17"EAST,36.18 FEET TO THE POINT OF BEGINNING. CONTAINING 800,960 SQUARE.FEET OR 18.388 ACRES, MORE OR LESS SUBJECT TO EASEMENTS RESTRICTIONS AND/OR RESERVATIONS OF RECORD. BEARINGS ARE BASED ON THE EASTERLY BOUNDARY OF LELY CULTURAL PARKWAY AS BEING SOUTH 00'51'50" WEST(ASSUMED PER PLAT) Exhibit A C©flier County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION, NAPLES,FLORIDA 34104 PLANNING AND REGULATION 239)252-2400 FAX (239)252-8358 www.colllergov.net SIGN VARIANCE PETITION _ LDC Section 9.04,00 PROJECT NUMBER PROJECT NAME For Staff Use DATE PROCESSED APPLICANT / OWNER INFORMATION PETMONER'S NAME: Lely Apartments,LLC ADDRESS One Overton Park, 3625 Cumberland Blvd.,Suite 680,Atlanta,GA 30339 PHONE# (678)589-7770 CELL# FAX # (678)589-7771 E-MAIL ADDRESS: dare@city-centre.CO AGENT: Alexis V.Creepo,AICP FIRM: Waldrop Engineering,P.A. ADDRESS 28100 Bonita Grande Drive,Suite 305 PHONE# (239)405-7777 CELL* (239)850-8525 FAX #_(239)4054899 M E-MAIL ADDRESS: alexisc@waldropengineering.com Be aware that Collier County has lobbyist regulations, Guide yourself accordingly and ensure that you are in compliance with these regulations. May 25,201I Colter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION 239)252-2400 FAX (239)2524358 www.colllergov.net LEGAL DESCRIPTION OF SUBJECT PROPERTY SECTION/TOWNSHIP/RANGE: 22 /50 /26 PROPERTY 1.111.# 00432960145 SUBDWISION NAME: LELY RESORT UNIT BLOCK LOT ___ METES&ROUNDS DESCRIPTION: See Attached No Site Address-Southwest Corner of CR 951/Lely Cultural Pkwy ADDRESS OF SIiON LOCATION: _ _____.___ CURRENT ZONING: PUD LAND USE OF SUBJECT PARCEL MULTI-FAMILY Length&Height of wall upon which the Sign will be secured: N/A (N Watt Sign) Width of Subject Property: Road Frontage) 1,700 feet of frontage-Lely Cultural Parkway;575 ft.of frontage-CR 951 Provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e.reduce setback from 1 S'to 10'; why encroachment Is necessary; how existing encroachment came to be;etc. Please refer to the attached Cover Letter/Narrative Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals,and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address the following criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. Please refer to the attached Cover Letter/Narrative 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which Is the sub(ect of the variance request. Please refer to the attached Cover Letter/Narrative 3 Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Please refer to the attached Cover Letter/Narrative May 25,2012 Cor County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION 239)252-2400 FAX (239)2524358 www.cotliergov.net Will the variance,if granted, be the minimum variance that will make possible the reasonable use of the land,building or structure and which promote standards of health,safety or welfare. Please refer to the attached Cover Letter/Narrative Will granting the variance requested confer on the petitioner any special privilege that Is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district. Please refer to the attached Cover Letter/Narrative Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. Please refer to the attached Cover Letter/Narrative ' Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves,lakes,golf course,etc. Please refer to the attached Cover Letter/Narrative h Will granting the variance be consistent with the Growth Management Plan? Please refer to the attached Cover Letter/Narrative. Msy 25,2012 Co' er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION 239)252-2400 FAX (239)252-6358 www.colliergov.net SIGN VARIANCE PETITION (SV) APPLICATION SLIM'i THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. r NOTE:INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. • REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED Completed Application 12 X 0 Completed Owner/Agent Affidavit,Notarized 1 ►l1 0 Pre-application notes/minutes 12 ® C1 Survey or Site Plan of property depicting the following: 12 ® 0 a) All property boundaries A dimensions b) North arrow,date and scale of drawing c) All existing and proposed signs-(labeled as such) d) Existing sign setbacks 1 proposed sign setbacks Location map depicting mai ot streets in area for 1 13 D reference Electronic copy of all documents andplans on CDROM 2 Fees: Application Fee= $2,000.00 Fin Review Fee$100.00 Legal Advertising Fee for BCC= $500.00 Legal Advertising Fee for CCPC=$925.00 Checks shall be made payable to: "Collier County Board of County Commissioners" As the authorised agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal 'ntormation may result in the delay of process this petition. Aptrttcanf rAgent Signature Date May 25,2012 SIGN POSTING INSTRUCTIONS (Section 10.03.00.COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) A toning sign(s)must he posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(I5)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the board of County Commissioners Hearing. Below are general guidelines for signs,however these guidelines should not he construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. The sign(s) must be erected in full view of the public, not more than five(5) feet from the nearest street right-of-way or easement. 7,<�yt ( , �a tttcily riff€;ed lax. rhtila: €� irr� xnr ot'hct.means to a wood frame or to a wood panel and then fastened r�ur is tr. a ps?,tar othct u4 turn' fhc wit h ittviv ttdss'.c a affixed to a tree or other foliage 3. 1 Pro pctotorter or nce tsettttonter ;tgc tt niatntuan the vagr,(s)in place,and readable condition until the requested action has Iva-, tre..,ru att,i.a fine(kiecoocns renderer. 0 On. ' rn ,s destroyed, lost.or rendered unreadable. the petitioner or the ,went otto,1 NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE E ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE Silk FE OE FLORIDA COUNTY OF COLLIER 1�1' J �, /f 1 ,..,J C BEFORE THE UNDERSIGNED AUTHORITY. PERSONALLY APPEARED PeN4 se ci tllpart. .t.a .( t")1 �10.n4 WHO ON OATH SAYS THAT HE/SIZE HAS POSTED PROPER NOTICE AS REQU4E BY SECTION 10.03.00 OF VHF !J I COLLIER COUNTY LAND DEVELOPMENT ('ODE ON THE PARCEL COVERED IN PETITION NUMBER 5 -.VL. UhigaCc IIg3 t as A.t 3 ; l i€R li at t STREET OR P O. BOX .\L \ A aft— ►114= G‘.4- NAME 1r‘, S fE/If' STATE OF FLORIDA C'Ot'NTY OF COLLIER l'hc foregoing instrument was sworn to and subscribed before me this day ni . 200 h, . personally known to me or who produced as identification and w ho did:did not take an oath signature of Notary Public Punted Name of Notary Public ^— My Commission Expires. I Stamp with renal number) F tWebs(te/AFFtDAV1T AND SIGN POSTING INSTRUCTIONS 5.2.05.doc AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72,of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list,which are hereby made a part of this Affidavit of Compliance. 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Z '': I fri.e; ,7, ,O; ,• ,1;:t? : 7. :. . 1: 1 el .- E f 1. g :1? L'Y Isnt 1_,; apVigt=.1 .tilc. g.72 c.i ... -6, ,1 * :, : Iiitiii 51: ;1:11 V I t 2 rit-bi• er., ia?Zi t..- i • >1.=; .d.. : E e‘i t Si les 9: 623 1 1: g 1 _ . g - 3 2 E . • 3 , . , 5 .... 2 2 § i• i i f 5 ,i= Di 111•• •00 •:..; 3 ...1 5 , , . . .•• . 7j117 r I a'1 I 7 7 ' C ' 1 -, 3 ';' s g. 1 ,,,,Ra5E.; _:_:.;ilic 1 c., 11 . ..1,..g.: -,...-2.6-,1.,.,:i-:i.,:-:,ed...slz -- — -, -!-,..v- - . 1 l a , 3 • ' 1 . i 1 !....!!;;:f7::'!;■••.41:.:1'.5k.:!tit,r..t , I f 1 r fn i . : : : •. • R 1 AGENDA ITEM 4-D Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING& ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING: OCTOBER 23, 2014 SUBJECT: BD-PL20140000455, KABCENELL DOCK PROPERTY OWNER/AGENT: Owners: James& Rhonda Kabcenell Agent: Same 290 Channel Drive Naples, FL 34108 REQUESTED ACTION: ! The petitioner wishes to construct a "tiki"-style shade structure on an existing dock with a roof that overhangs no more than 3 feet beyond the dock. Section 5.03.06.F of the Land Development Code (LDC)requires a public hearing for any roofed structure built on a dock. GEOGRAPHIC LOCATION: The subject site is located at 290 Channel Drive in Naples and is further described as Conners Vanderbilt Beach Estates Unit 1, Block C, Lot 29. The folio number is 27483200002. The existing dock extends into Vanderbilt Lagoon. PURPOSE/DESCRIPTION OF PROJECT: The purpose of the project is a request to construct a "tiki"-style shade structure on an existing dock. The dock was constructed under Building Permit PRBD20120306327-01. The pilings are in place for the proposed structure. The roof will be constructed of palm fronds (chickee-style) with a support structure. The roof will extend no greater than three feet beyond the existing dock. A single-family house exists on the site. 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SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single-family house, zoned RSF-3 SURROUNDING: North: Single-family house,zoned RSF-3 East: Vanderbilt Lagoon, across which are single-family houses, zoned RSF-3 South: Vanderbilt Lagoon, across which are single-family houses,zoned RSF-3 West: Vacant Lot,zoned RSF-3 •rt • • -I • jukk 414401' P• 1 M Aerial of subject property(CCPA) ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. Section 5.03.06(E)(11), of the Land Development Code (LDC), Manatee Protection, is applicable to multi-slip docking facilities with ten (10)or more slips. The proposed is a shade structure and is therefore not subject to the provisions of this section. STAFF COMMENTS: The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny, a dock facility extension request based on certain criteria. In order for the HEX to approve this request, it must find that at least four of the five primary criteria and four of the six secondary criteria have been met. BD-PL20140000455 Page 3 of 8 Kabcenell Boat Dock. Staff has reviewed this petition in accordance with Section 5.03.06 and recommends the following findings to the HEX: Primary Criteria 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) Criterion met. The proposed shade structure is over an existing dock which was deemed appropriate in relation to the approximately 230 linear feet of water frontage of the subject lot. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. This petition is for a shade structure and is not dependant on water depth. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. The dock is existing and the shade structure will be constructed upon the existing dock. There will be no additional impact to navigation. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The dock is existing and the shade structure will be constructed upon the existing dock. There will be no additional impact to navigation. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) BD-PL20140000455 Page 4 of 8 Kabcenell Boat Dock. Criterion met. The dock is existing and the shade structure will be constructed upon the existing dock. There will be no additional impact to navigation. Secondary Criteria 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration,mangrove growth,or seagrass beds.) Criterion met. The dock is existing and the shade structure will be constructed upon the existing dock. There will be no additional impact to navigation. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. This petition is for a shade structure only and the existing dock area will not be increased. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion met. The dock is existing and the shade structure will be constructed upon the existing dock. There will be no additional dock area added. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The view shed of neighboring properties will not be impacted. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(1) of the LDC must be demonstrated.) Criterion met. The dock is existing and the shade structure will be constructed upon the existing dock. Therefore,there will be no impact to seagrass beds. BD-PL20140000455 Page 5 of 8 Kabcenell Boat Dock. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion not applicable. The petitioner's property is a single-family lot and is not subject to the provisions of the Manatee Protection Plan. Staff analysis indicates that this request meets five of the five primary criteria. Regarding the six secondary criteria, criterion 6 is not applicable, and the request meets five of the remaining five secondary criteria. In addition, a boathouse is reviewed under the criteria listed in Section 5.03.06.F of the LDC. 1. Minimum side setback requirement: Fifteen feet. The proposed structure is over 60 feet from either property line. 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. The proposed structure will not increase the dock area and the roof overhang is proposed to be a maximum of 3 feet. 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. The submitted plans indicate a maximum height of 15 feet. 4. Maximum number of boathouses or covered structures per site: One. There is no other roofed structure on the dock. 5. All boathouses and covered structures shall be completely open on all 4 sides. The submitted plans indicate that the covered structure is open on all sides. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dockstructure. The roof is proposed to be a palm frond"chickie" style. BD-PL20140000455 Page 6 of 8 Kabcenell Boat Dock. 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. It is Staff's opinion that the proposed location minimizes adjacent views. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF ZONING APPEALS: As to any boat dock extension petition upon which the HEX takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of Zoning Appeals. Such appeal shall be filed with the Growth Management Division Administrator within 30 days of the Decision by the HEX. In the event that the petition has been approved by the HEX, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for BD-PL20140000455 on October 9, 2014. SAS STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the Hearing Examiner approve Petition BD-PL20140000455. • BD-PL20140000455 Page 7 of 8 Kabcenell Boat Dock. PREPARED BY: - •- /0 • .9- /y , _ .. , FRED RLISCHL. AICP, PRINCIPAL PLANNER DATE PLANNING&ZONING DEPARTMENT REVIEWED BY: i (24A- -- 5 /o •cy• fc4 RAYM D . BELLOWS. ZONING MANAGER DATE PLANNING & ZONING DEPARTMENT APPROVED BY: /c)- RI ____ MIKE BOSI,AICP,DIRECTOR DATE PLANNING&ZONING DEPARTMENT BD-PL20140000455 Kabcenell Boat Dock. 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 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LDC Section 5.03.06 Chapter 3 B.of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre-application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre-application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre-application meeting the pre-app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed, all accompanying materials (see attached submittal • checklist) shall be completed and submitted with the application.The application fee for a Dock Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. After submission of the completed application packet, accompanied with the required fees, the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required, that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. S 12/20/2013 Page 1 of 7 Co er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 • www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B.of the Administrative Code THIS PETITION IS FOR(check one): ❑ DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION Applicant(s): James H. and Rhonda A. Kabcenell Address: 290 Channel Drive City: Naples State: FL ZIP: 34108 Telephone: 239 596-1240 Cell: 239 285-1003 Fax: 239 596-1241 E-Mail Address: jhk @clarkaviation.com • Name of Agent: Firm: Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: PROPERTY LOCATION Section/Township/Range: 29 /48 /25 Property I.D. Number: 27483200002 Subdivision: Conners Vanderbilt Bch Est #1 unit: 1 Lot: 29 Block: C Address/General Location of Subject Property: 290 Channel Drive, Naples, FL 34108 Current Zoning and Land use of Subject Property: RSF-3 Single Family Residential BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. • 12/20/2013 Page 2 of 7 Coi ler County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning j Land Use N RSF-3 Single Family Residential (under construction) S .. N/A N/A E N/A N/A W RSF-3 Single Family Residential (vacant) DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work, new dock, replacement,addition to existing facility,any other pertinent information): Construction of open-sided cypress and palm frond Tiki Hut over existing dock(not over boat). SITE INFORMATION • 1. Waterway Width: 106 ft. Measurement from❑ plat ❑survey ❑visual estimate El other(specify) Aerial 2. Total Property Water Frontage: 230 ft. 3. Setbacks: Provided: 15.9 ft. Required: 15.0 ft. 4. Total Protrusion of Proposed Facility into Water: 18.6 ft. 5. Number and Length of Vessels to use Facility: 1. 25 ft. 2. ft. 3. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: Neither adjacent property currently has a dock. 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 0.28 Acres 8. Official Interpretations or Zoning Verifications: • To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑Yes ❑ No If yes, please provide copies. 12/20/2013 Page 3 of 7 I -- 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 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate;typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) • 12/20/2013 Page 4 of 7 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 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions.(The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass • beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) i 12/20/2013 Page 5 of 7 ............. S&c �unty 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 B. of the Administrative Code for submittal requirements. This completed checklist is to be submitted with application packet in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED NOT REQUIRED Completed Application(download current form from County 6 © ❑ website) Signed and Sealed Survey C ❑ r❑;; Chart of Site Waterway ❑ El u Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank,seawall,or rip-rap revetment); • Configuration,location,and dimensions of existing and 6 © ❑ proposed facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property;and • • Illustration of dock facility from both an aerial and side view. Notarized and completed Owner/Agent Affidavits' 1 © ❑ Completed Addressing Checklist 1 © ❑ Electronic copy of all required documents *Please advise:The Office of the Hearing Examiner requires all 1 © ❑ 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: ❑ Boat Dock Extension Petition:$1,500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 ❑ An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal irs matian may result in t delay of processing this petition. 3/19/2014 t Signature of Petitioner or Agent Date I 12/20/2013 Page 6 of 7 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT James and Rhonda Kabcenell We/I, being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property Owner • James H. Kabcenell Rhonda A. Kabcenell Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of , 20 , by who is personally known to me or has produced as identification. State of Florida (Signature of Notary Public-State of Florida) County of Collier (Print, Type, or Stamp Commissioned Name of Notary Public) 10 12/20/2013 Page 7 of 7 ............... James H. and Rhonda A. Kabcenell Boathouse Establishment Petition • PL20140000455 Primary Criteria 1. This application does not relate to dock facilities and/or boat slips. 2. Water depth should not be relevant to the addition of a roof structure over an existing dock. 3. The proposed structure would not further intrude into any navigable channel except for a permitted roof overhang of up to 3'. 4. The existing dock protrudes less than the maximum 20' into the channel and the proposed structure would not change that. 5. There are currently no neighboring docks and the proposed structure would not interfere with any to be constructed in the future. • Secondary Criteria 1. The proposed structure meets all current boathouse requirements and there are no applicable special conditions. 2. The proposed structure would not affect vessel access and would not increase the dock area. 3. The vessel length is less than 50% of the linear waterfront footage. 4. The proposed structure would be located at the furthest point possible from neighboring properties and would have negligible impact on their view. 5. To our knowledge, no seagrass beds are present, although the proposed structure would have no effect on any seagrass beds that exist. 6. The proposed structure would have no impact on manatees or • other wildlife. James H. and Rhonda A. Kabcenell Boathouse Establishment Petition PL20140000455 Signed and Sealed Survey (one original) I I March 19, 2014 • Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Re: PL20140000455 Ladies and Gentlemen: This letter will confirm that the survey dated August 12, 2011 prepared by Bruns & Bruns for the permitting and construction of our dock continues to accurately depict the physical characteristics of our property and dock as of this date. • erely, Ja es H. Ka'bcenell 1111_... 1111 1111. _1111._ • i BOUNDARY SURVEY N A.E \s LOT 1 IBLOCK D (OCCUPIE"D) ,Y. = , p' Cra7 g 79 DB'OO f *;_._.. D 1O' an AO \ \ I EL DRIVE t I. _ AKIN.... v i ~ �CN . F pu . E 04 ---,PE; ('4 y 1t-0 , 0 uo e _ .r-�—254.06'D` N 79A ;. U, _ � Pr " LOT 29 SFAAw.:°- 5O �" , A' BLOCK C 41 tt NO 0 ✓./X4740(.WC Y . LOT 28 '- �` BLOCK C i i `\ `r.(VACANT) cR Lw 1 LEGEND `;, t 1 g w_ NO IMPROVEMENT OTHER rn 1 SOP. • SET,Row Pao Lesa. THAN THE DOCK WERE i 4 FC.M • FOUND CONCRETE NOIYLpIENT .y�, LOCATED UNDER THE 0- y FAN • FD1R10 ORRL HOLE n�� SCOPE OE THIS SURVEY Y, n 0 1 FP K.D• FOUND P.K.NAY&DISC V ` P)u4 x MID K A N SEAWALL 'o?C, 1 C•1 k,D— 1 P.C.P. PER•WMF LON7ROL PANT ,a O PC PgNT.OF.LACASRf.. COLLIER CY)LA'NY ',xf PLS PROYTS>'c$w LAND S7R DEW. PSAI PRO/2SS6]VK SYAfnEroR AND WPPER L.R. LICENSED BUSINESS 1I 9,.\ P.K. PARKER'I1/NON NY INVERT (NJ MEASURED y l J Pw ✓C.W11SCIt- 1 CENTERLNE `iKl '•.. LOP EDGE OF PAKYENT '1 1 P.E. POOL EOCNPYENI .VC NR CONDITION •. •PP p !YL NCY POLE AM ER ER� �✓./ ♦` i�` 6Q OQ - -'-r` ,N-'- .8..8fP 4 MCnOW PRESONTOR E ONP N 79-D8" • OAAN R•NKO L — - .. DOCK 127' J< i WATERWAY i- II" REAL PROPERTY DESCRIPTION; --- Dawd B. B..&,s.°P1,0 LOT 29.BLOCK C, 'CONNER'S VANDERBILT BEACH ESTATES'UNIT NO.1 DATE Of SURVEY AUGUST 12. 2011 Csr tlf!cote Number ♦520 TO AS, RECORDED IN PLOT BOOK 3, PAGE 9,CF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA NOT VALID VITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA' LICENSED SURVEYOR AND MAPPER. 1 NOTES i1 BEARINGS SHDVN HEREON REFER TO THE CENTERLINE OF CHANNEL DRIVE, JAMES?KABCENELL BEING N.79•08'O0' C. 2)THIS PROPERT'7 IS SUBJECT TO EASEMENTS,RESERVATIONS OR SPECIAL PURPOSE • RESTRICTIONS OF'RECORD SURVEY 3.)DIMENSIONS SHOVN HEREON ARE IN FEET AND DECIMALS THEREOF I.) THIS IS A SPECIAL PURPOSE SURVEY TO SHUV THE LOCATION OF THE DOCK IN x- 1' 'L°I' {RI* (.0)01,0 r AC REFERENCE TO THE SIDE PROPERTY LINE AND SEAVALL. I'- `%I m ='rm 1 LOU. ,i .....4.:'- 5)IMPROVEMENTS OTHER THAN THOSE SHOVN HAVE NOT BEEN LOCATED j .O' I'I' & .4TtIRIG, .YM.b)LEGAL DESCRIPTION SUPPLIED BY CLIENT Y«+r..yi..q & Ys..J ,PE>.n.wy �P. �k�;.ktas%s .T;A1� Y;...1. 14401 (13Pi 161 - 2903 A...o. If..I,......!,'C'1 1111 James H. and Rhonda A. Kabcenell Boathouse Establishment Petition • PL20140000455 Chart of Site Waterway (not required) S • James H. and Rhonda A. Kabcenell Boathouse Establishment Petition PL20140000455 Site Plan Illustration (6 copies) • • I . . : : I 1 I -- I P ■ i . , , , , 1 . : 1 i ' 1 i I ' 1 i 1 ' r I I , 1 . I , • -.42.,„ I • ; i i I lit ' 4 , 1,\' I , : • i f , ,i i • ..._...,„„H: —„„„„,..................... ...... 4.---. 6,6:— .6. +.6.6—.4. —' , .; —4 .6— ' ...--- • • ' 0 : I \I\ ' 1 I 1 ' i /.., ' __I....,... I I I I • .6-4---.. 6 ' I I I , : nosiosm"..■011111111111111111111111immillilli I 1 I I . I 1 : ■ I 4 , . .0 :-.... , ............__....... .... . ...................1 L : I : „1.,___! 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I 1 t ` I I : I , ' 1 i,„.... .I i i .1....,....\ i 1,...\.! ' i ! 1 0 • •i rulik, ,s 4 • 1 I :17'I . r� 3 1 �� fie. itI1 � .� 1 , ( 4 f ' ... '---L-----4---- 1 i>es I , I 1 1 I {.—" _ , 1 I 1 i { �: 1 f _ I . 1 i 1i 1 RI I ... : ....... ..... , .. ..... i Wi - . _rte i I � i fi 1 1 I i • , : I . ,•t «... __ 1 .......«.__. ........_. ..__.._....: „ i i„„ ....._ , : , I. . . . . , , , , , . . . , NOTE: DRAWINGS REVISED ..,._..___—_._.._._, AT THE REQUEST OF COUNTY ATTORNEY. SEE LAST TWO _......_....._....__ _.._.... _ _._. ........ .____...,,,__....... SHEETS OF THIS PACKAGE. James H. and Rhonda A. Kabcenell Boathouse Establishment Petition PL201.40000455 Notarized and Completed Owner Affidavit (one original) • • GAIT County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT James and Rhonda Kabcenell We/l, being first duly sworn, depose and soy that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application,including the disclosure of interest information, oll sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief Wed understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete,and all required information has been submitted. As property owner We/1 further authorize to act as our/my representative in any •tters regarding this Petition. I Sig,*tore a Property Owner `iO ore of•ropeerty owner James H. Kabcenell Rhonda A. Kabcenell Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 20,E day of_r' 4*c.. r , 20 /y by jh me.s d- (\L.mc16. who is personally known to me or has produced as identification. State of Florida (Sig ' tore of Notary Public-State of Florida) County of Collier (Print, Type,or Stomp Commissioned Name of Notary Public) ♦ A a . ar 11AR8HA L satyTT 3=; w COMMISSION Y EE 837252 ?' x EXPIRES January 21,2017 y „' Bonded Tire nary Pudic txdonwdera 12/20/2013 Page 7 of 7 James H. and Rhonda A. Kabcenell Boathouse Establishment Petition • PL20140000455 Completed Addressing Checklist (one original) • S Co*.r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- application meeting, please allow 3 days for processing. Not all items will apply to every project Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC (Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal&Site Fill Permit) ❑ RZ (Standard Rezone) ® OTHER ••••' o LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) g-Z5 Go r. r-N C■r` s A 6-c_h 4 U rt v I tC. e_ Lo+ 2-9 FOLIO (Property ID)NUMBER(s)of above (attach to, or associate with, legal description if more than one) Z1 L{--8 3Z 00 CD 0 Z STREET ADDRESS or ADDRESSES (as applicable, if already assigned) LSD C.k.0,- � �.e. �� • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) 5 SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# Cotter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in,condominium documents(if application; indicate whether proposed or existing) __.4 Please Check One ❑ Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: K4 6 c e to e l ( q c��j C� p� ^7 p* PHONE �3 [ 5 ( b / 7' FAX �3 1 5/ 4 / / ! Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. • FOR STAFF USE ONLY FLN Number(Primary) Z---1 Lit. z- C) 0 0 t' Z` Folio Number Folio Number Folio Number Approved by: +n. "L>t '' ( 1 6 7` rse'"} Date: S Lk" Updated by:, Date; IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED • ■ http://www.collierappraiser.com/Main_Search/RecordDetai 1.html?Folio. Collier County Property Appraiser Property Aerial II Parcel No. 27483200002 Site Adr. 290 CHANNEL DR "' ;, ,._ ' g s { 4 ; 9 , . ir.....,;. : _ i _ _ \ k NV , t IF,..1. .'`. ,iNtit 1,--,-.- , . c„....,,,,, ... .. .,.. ,Net , . ‘,.. 'A ::' :11.,. ..,,..4 ,,,,,,,,* iri,.., 'le—. : , 4,A.., ....4p1441 10 u � ; $ f D Collier County =roperty ' ppraiser,.Naples;.FL. 3/11/2014 11:10:0. AM n r, 5, • 3/11/2014 11:11 AM James H. and Rhonda A. Kabcenell Boathouse Establishment Petition • PL20140000455 Electronic Copy of All Required Documents (one CD) S i James H. and Rhonda A. Kabcenell Boathouse Establishment Petition PL20140000455 Pre-Application Meeting Notes (6 copies) • • RESIDENTIAL BOAT DOCK EXTENSION (BDE) PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST PL# 2014-0455 Date: 3-18-14 Time: 9 Conference Room: C Project Name: Channel Drive Boathouse Site Address 290 Channel Dr James H._Kabcenell Phone: 285-1Q03 Assigned Planner Fred Reischl Meeting Attendees: (Attach Sign-in Sheet) Submittal Checklist is attached to Boat Dock Extension Application Notes: 1 Co*r 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 B.of the Administrative Code for submittal requirements. This completed checklist is to be submitted with application packet in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. NOT REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED REQUIRED Completed Application(download current form from County 6 ❑ website) Signed and Sealed Survey ( [� ❑ Chart of Site Waterway — Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank,seawall,or rip-rap revetment); • Configuration, location, and dimensions of existing and 6 proposed facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; S • Illustration of the contour of the property;and • Illustration of dock facility from both an aerial and side view. Notarized and completed Owner/Agent Affidavits' 1 [ ❑ Completed Addressing Checklist 1 [ ❑ Electronic copy of all required documents *Please advise:The Office of the Hearing Examiner requires all 1 [ ❑ 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: Boat Dock Extension Petition:$1,500.00 V Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 I/An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. • Signature of Petitioner or Agent Date 12/20/2013 Page 6 of 7 •ci5 C 4-. 1 y: ir) c o -.6 „ ...., > • 0) — a) '1' -(1-) o , ..., a) 2 6 . ,; c c ...... cry a) a) a) c ...., c --, c = 1-6 • c ,:?:Icy: — • o > a.' gi 8 . ,-- c 0 cy, 0 ,..,, 0 b_. „... 02) 0oca › ooccc0, 5 w ,. - 0 re a , -... 1 4 1 -5 ... 0 >, c@P. c a) 0 03 iv° 76 rf,(1) O 0 cli 0@) „..- (.) ogEs@ _J 7:C elf g c g c o .,,,- 7.-.) -b- E -:-..- 0 ,-.7.-„,9... c c u) 2 0 :-...• g©NT H 0 2 z. 2 - 0 -0 t 2 0 -5 12 ©2 8E c 0 0 1.4 E -•-• a) .0 To .,(t 0 Z E Z. [9. t 1 13 ii = ' . C © ("0 .(1) g 5 -8 -(5 450 0C Efl. 0 wi -.., Lit 2 '5-0 E . 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Nm < 2 20a_ zcnEea. --) 21m --, 01-- 2c..) c a i4, a. Lt C 1 L 4.0 CI CI 73 D CI El CI El CI CI 0 CI El 11 Ell E'l _ 73 D 1 • JAMES H KABCENELL 4213 RHONDA A KABCENELL 83-751/691 7802 290 CHANNEL DR 1010182313637 1 pNaAyPtLoEtSh,Fe L 34108-2144 7.frtt°r-CA I r 42V7('-- _..„,( C‘4A_•01',__L.S.„„ a-gree 557f(.___& Dollars n irm. lb. wr,,,, Wells Foga Bank,NA FA it fa Florida Far..4 .: .—.----ZIE7— -- , .el.-te94C __- IkAlc. I. I • JAMES H KABCENELL 4214 RHONDAA KABCENELL 63.751/631 7802 290 CHANNEL DR / 1010162313637 NAPLES,FL 34108-2144 I eocc, Pay to the Order of „.. , .......-- • ,... __,.. nottsal ( Dollars In nr.114 tx-- trefismego/coM v............... t Eta/14:0261,q.4)4)6°74t7 Adilikk ,....._,,•••a I f,“......„ 0 April 21, 2014 Mr. Michael Levy Business Center Project Coordinator Collier County Growth Management Division Operations and Regulatory Management 2800 North Horseshoe Drive Naples, FL 34104 Re: PL20140000455, Boat Dock Extension 290 Channel Drive Dear Mr. Levy: Enclosed pursuant to your request are twelve copies of a revised plan and elevation for the proposed tiki construction over our dock. The revisions to the plan are: 1. The addition of a dimension showing the maximum protrusion of the dock and tiki into the waterway. This dimension is 18' 7",or 18.6', as stated in our application and on the survey included with our application, but not previously show on our plan. This dimension was verified in the field over the weekend. 2. The addition of a note where the existing boat lift is identified on the plan which states that • there is currently no cover or roof of any kind over the boat lift. No changes were made to the elevation. These revisions are intended to address two of the required corrections stated in Fred Reischl's letter, dated April 14, 2014. The third required correction stated in Mr. Reischl's letter is "Please indicate, with specificity, whether the proposed tiki hut satisfies each of the criteria listed under Sections 5.03,06(G)and 5.03.06(F)." The criteria listed under Section 5.03.06 (G) relate solely to boat lift canopies and are not applicable to the proposed tiki over our existing dock. With respect to the criteria listed under Section 5.03.06(F), each of these has been met as follows: 1. The side setbacks of our dock to the west and to the north exceed 15 feet in each case and the proposed tiki over the existing dock will not affect that. 2. Our property and dock are located on a corner, and the maximum protrusion of our existing dock and the proposed tiki is 18.6 feet at the southeast corner. The two waterways at our corner are 236 feet wide and 106 feet wide for the north-south waterway and the east-west waterway, respectively(measured using the G15 map feature of the Collier appraiser's website). Thus the maximum protrusion pursuant to this criterion is 20 feet,which is the lesser of 25%of each waterway width and 20 feet. The maximum protrusion of our proposed tiki meets this criterion. Our proposed tiki will also have a 3 foot roof overhang, which also meets the specific limitations of this criterion. • • 3. The height of our proposed tiki is 15 feet above the dock. The maximum height set forth in this criterion is 15 feet above the seawall (we have no bank). Since our dock is level with the seawall, our proposed tiki meets the maximum height restriction of this criterion. 4. The proposed tiki will be the only covered structure on our dock, and our boat lift has no cover of any kind,which meets the maximum cover requirement of this criterion. 5. The proposed tiki will consist of a palm frond roof supported by four pilings and be open on all sides. This meets the open side requirement of this criterion. 6. The proposed tiki will have a palm frond roof,which meets the roof material and color requirement of this criterion. There is an existing single family home located on our lot as also required by this criterion. 7. The proposed tiki is located at the southeast corner of our property, at the furthest location possible from the adjacent lots. This minimizes the impact on the view of our adjacent neighbors as much as possible as required by this criterion. Thank you for the opportunity to make these corrections. If there is additional information you need, please contact me. Sincerely, l James FI. Kabcenell 290 Chan` i` rwe� Naples, FL 34108 (239) 5984700(daytime) lhkPclarkaviation.com Encl. • Name / r _. t-:G3`txment No, -ti j3 € I .. I I ) __ 1 ___ __ ______._ k I I ! 1 Ni .. f • .........±_../ ' 77 r I ( , { I 18' r i i I I l ,- { 1111611111 ._/ / ; i,,, . 14‘r›,1+_r CPO + ! w! /."i sue►« t-. ) I I 1 s � _-._..__�_ _ - '4. ... i.N tom.. ... \- I _.. _.... _. I_ ._ _.. 1_ i . . 1 I 1 _ __. I _ i p l• , , , , : , ,,..„,,,,,,,,..,,,..........4i , dt_Cove ed,) ; J L_ j 1 i ■ • f . I 1� I I ; ! 1 I I i P I i I „L. 1 • I ._..__. ....I ._.. _..... _. .'. I P P • j! I I 1 1 ! i i { I i i I i I 1 1 i __.,...._ ,.__�.__..__.. ..__. ,__ , _._ _,.._. I { f j j -- a — - • I ! ___..... ...... I I ` _t _...... ' at I •1 1 • • ..._ , Name Experiment No. PagE, No. . , t • . , . . , 1 . ., I , 10 1 i i _ __, ,. _..._,,,„, _.„„______ _ 1 1 I : rr--- , . , .! 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AGENDA ITEM 4-E Colter County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT HEARING DATE: OCTOBER 23,2014 SUBJECT: DR-PL20130002373 7-ELEVEN SITE PLAN WITH DEVIATIONS PROPERTY OWNER/AGENT: OWNER: AGENTS: Rock Oil Co. Phillip Fetters 7701 Forsyth Boulevard, Suite 325 Harrison French&Associates,Ltd. Saint Louis,MO 63105 1705 South Walton Blvd., Suite 3 Bentonville,AR 72712 APPLICANT: 7-Eleven, Inc. Joseph Gerena 1722 Routh Street 7-Eleven Dallas,TX 75201 1124 Emerald Hill Way Valrico,FL 33594 REQUESTED ACTION: The applicant requests a reduction in the dimensional standard of the front yard setback for an existing automobile service station. The existing station has 4 pump stations serving up to eight vehicles at a time. Section 5.05.05 of the Land Development Code (LDC) requires a 50-foot front yard setback. Currently, an existing canopy covers two of the gas pumps, leaving two other pumps uncovered. The applicant wishes to replace the canopy. The new canopy would cover all four pumps, extending an additional 25 feet towards Granada Boulevard. The proposed deviation would permit the canopy to encroach 25 feet into the required setback, resulting in a 25-foot front yard setback for the canopy. Since the subject site has two road frontages (Granada Boulevard and Tamiami Trail North) there are two front yards required. The proposed deviation would allow the new canopy to extend towards Granada Boulevard,while maintaining the existing setback along Tamiami Trail North. Site Plan with Deviations DR-PL20130002373 Page 1 of 7 7-Eleven Es N�A ©©.44ine 0 to - .i Azov.1 t. . . 1 :: TA0 VOP ID i lefirilliala eSe"-11■ VP te* . 1 .: v 0\ - . ' ai $ voi1Qo�A, m w - 1• ,,,,, 4 4:11Niertzali 1 -Stil si.w....ti- 11111 r. ,num.RIP g moo ,00,:tjawrik ,„,,xii g --.1 m . 4 113102111110011131 5 o nig oa ma ` — ��asi a bigneriiiress. 111.1.11011 ,111.3.111 111-446 ! " 2 ®e© = �- .■ice: 4 I 6 lillni u iaiiidiiii Z' u -S n -rva' avow., I STION!Duo Z i 0 N' w 2 W O z f- Q' b 0 -J a n C7 N M 0 N -J Q. TM n lo. 1 0 X 0 -' 1_ II 1{1 e\ / h__. 1 I r .1 _ ._ t i g \ W 6'E - �a i N 1g1 Q P -, ! —\- ii a T.. , ' ,g. 4 4 is I fit ■ .s ill CL o � ¢� Q i; i I ii ;►, tf d o D'.OIq 3LL►�Op 701 Oi 1= R J jirmi,) ! L G D re; wvmv • Z 1 i MI _- - _., 1 i li!, . Q ___irtgamitioi . ..,____"„ .._.. .,e, izio,‘„,„„ GULF OF urn CO 1 GEOGRAPHIC LOCATION: The subject property, consisting of 0.974 acre, is located at 4612 Tamiami Trail North, and is further described as Naples Twin Lakes, Block 1, Lots 16— 18. SURROUNDING LAND USE& ZONING: SUBJECT PARCEL: Existing gas station;zoned C-4 SURROUNDING: North: Commercial building; zoned C-4 East: Residential duplexes; zoned RMF-6 South: Granada Boulevard ROW, across which is a commercial building; zoned C-4 West: Tamiami Trail North ROW, across which is a shopping center within the City of Naples . .41 .. y ., 011 T.. .1.--- . ,,, !,•?- . . • r-',.j +):, . , , 1 we ,: . if -_ :; A' 1`• .T r !1 r ii n41. O .4, 11' 14 "9- cii. * RIP 0,. .1 0 4 ..1 1 ' 1 f."7;14",$‘44/0, ' i i, , : r 4 .. 1 'ulhject I.ocat ion(CCPA 1 / ,t r. R e. 1 .t t t#,.. • . ` I + •• 4, , r <<7,.;, 1 111110■117112010 4!19 ..14 Subject Site(CCPA) Site Plan with Deviations DR-PL20130002373 Page 3 of 7 7-Eleven ��111 0 t ! A+� _ n • L.T eBiBfl a, 00918 68/94091101D • vra View from Granada Blvd(Google Street View) APPLICANT'S JUSTIFICATION FOR REQUESTED DEVIATIONS: The applicant provides a history of the site and the regulations at the time of original construction in Site Plan with Deviations Narrative(attached). In addition,the applicant provides justification for the deviation sought: Deviation 1 —A deviation from LDC Section 5.05.05.8.1 "Table of Site Design Requirements", which requires a front yard of 50 feet for Automobile Service Stations, to instead allow a front yard of 25 feet. The applicant is redeveloping the site with new underground storage tanks, eliminating the site remediation system and creating a new route for fuel delivery trucks. Along with these improvements, the applicant wishes to install a new canopy that will cover all of the fuel pumps (two pumps are currently uncovered). In order to cover all the pumps, the applicant requests a deviation from the required 50-foot front yard to 25 feet. ANALYSIS: Staff has reviewed the request against the established criteria and provides the following analysis. 1. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Site Plan with Deviations DR-PL20130002373 Page 4 of 7 7-Eleven There is no density associated with this development; a gas station is a permitted use in the C-4 zoning district. 2. The proposed development is consistent with the Growth Management Plan (GMP). There are no GMP issues associated with this Site Plan with Deviations. 3. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. The redevelopment will ease traffic on Granada Boulevard during fuel deliveries and will serve the public by providing fuel service under cover. 4. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. The site is just under one acre and is fronted by two roads. The proposed redevelopment will aid traffic flow and provide greater convenience to customers. 5. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features,vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. The increase in the size of the canopy will be appropriate for the use, since all fueling positions will now be covered. 6. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. The new canopy is required to meet Architectural Design Guidelines. 7. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. No areas are proposed for common ownership. 8. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Staff believes that the deviation is clearly delineated and that it is the minimum required to achieve the desired goal. Site Plan with Deviations DR-PL20130002373 Page 5 of 7 7-Eleven 9. The petitioner has provided enhancements to the development. The applicant states that the deviation allowing the new canopy will aid traffic flow during fuel deliveries by allowing the delivery vehicle to pull straight into the site and not back-in. In addition, the new canopy will permit customers to be covered during fueling. 10. Approval of the deviation will not have an adverse effect on adjacent properties. The requested deviation will encroach into the southern portion of the site which abuts Granada Boulevard. Staff believes that will not have an appreciable effect on adjacent properties. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for DR-PL20130002373 on October 13, 2014. HFAC STAFF RECOMMENDATION:. Staff recommends approval of the Site Plan with Deviations for 7-Eleven at 4612 Tamiami Trail North(DR-PL20130002373). Attachments: A. Application(including Site Plan with Deviations Narrative and Site Improvement Plan) Site Plan with Deviations DR-PL20130002373 Page 6 of 7 7-Eleven /O /4-/Z FRED RFISCHL, AICP, PRINCIPAL PLANNER DATE PLANNING&ZONING DEPARTMENT REVIEWED BY: RAY B .LOWS, MANAGER DATE PLA ING &ZONING DEPARTMENT MIKE BOSI, AICP,DIRECTOR DATE PLANNING& ZONING DEPARTMENT Site Plan with Deviations DR-PL20130002373 Page 7 of 7 7-Eleven • it SIP For 7-Eleven, Inc 4612 Tamiami Trail North Naples, FL 34103 Sheet Index SIP Pre-Application Meeting Notes 3 Site Plan with Deviations for Redevelopment Application 14 Deviation Request Letter 17 SIP Letter of Intent 19 Site Plan 20 Elevations (Black& White) 21 Elevations(Color) 22 North Naples Fire Control flow test results 23 City of Naples"No Objection" Letter 25 Affidavit of Authorization from 7-Eleven Corp. 27 Affidavit of Authorization from Rock Oil Co. 28 • Affidavit of Authorization from Rock Oil Co 29 Affidavit of Authorization from Rock Oil Co 30 Affidavit of Authorization from HFA 31 Affidavit of Authorization from HFA 32 • IIII/ SIP PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST PL# 2013-2373 Date: 12-11-13 Time: 9 Conference Room: C Project Name: 7-Eleven Site Address 4612 Tamiami Trail N Applicant: Joseph Gerena Phone; 813-466-0632 Assigned Planner Fred Reischl Meeting Attendees: (Attach Sign-In Sheet) NOTES: C-4 Zoning Service Station setbacks: Front Yards—50ft; Side Yards—40ft \.r --, ,,,:y" ..„ -yz ( )4, V'erk\(A ,. (C 'L. si.,,,, ,7 W ' Q 4.- I % Ito. r, ,11 0 z ------,-,1 6 5 6A-)412- Pet T rsi 1k).. or e• 4,, -tt)-1 5 ‘ \ 0-0 r..,4 ..„,,,, ote. SI f,3- (nli-L,/t it i - k;.) CL-JI ft... s -44.V?\I 1(--..k. L CillUlli S---' Pnelote,'. („k•rwt. is7 4 ,+,CC10.) 71I44., 671 X Aijikic ..-4.--" ei 711 Ai I:aria a °kid , -- 4# A At il,671 - '1 nA ----al 111,1111111MI .... CAA- . rS 1 , 6-coLvita o44., f.es-'ize*ILif7ei, , /;‘,71. (---)fri,i.4-7ec- s c--r4 A I /7 . --1-' , : 4 1 6 ,- --)i-/ c...,:. c : s,„., ca41,p 12 4. .4., 1".-..-.9 v-Are._A•vejs . .11-1-tc 'e■AS v-,,\‘' Ca--k.VC:s... •0,7--t: L.-,‘ve,,P7 c-.. CI:oct r-- (`-`v= c'74'4 cr-i l'("°: , , —, - 4.ct<e,,, es. .12.4 .. zkre— ,, 6 4llk:r4-r (C-artiSlh? 40.1frtal Forms-JUN 1\SIP Pre loon-,0C.4.,‘AckAA ICAtvl?fl-t. ,„ C sers\fredreischi esktop1Pre-app te plicet June 7011.doc revfsed 87512,rev,t12TTil 3 Additional Notes: I r 42,t/ s.? . C-- • • SITE IMPROVEMENT PLAN (SIP) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET(N THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. • #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED SUBMITTAL REQUIREMENTS: Additional set if located in the Bayshore/Gateway Triangle X Redevelopment area 1 Additional set if located within the RFMUD or RLSAO areas I 1 X SIP Application (download from website for current form) 12 X , Cover letter briefly explaining the protect 12 X Site Plans per Division 10.02.03.B.2.d 12 X Addressing Checklist 1 X FOR COMMERCIAL DEVELOPMENT: Architectural Plans, including 1 color rendering (signed & sealed) 5 X Landscape& Irrigation plans(signed & sealed) 7 Site Clearing plan/vegetation inventory 7 (ding elevation with dimensions &floor plans(if applicable) 7 X oundary &topographic survey (1 signed & sealed) 5 X Deed or contract for sale 2 X SFWMD permit, permit modification,or waiver 2 ); Utility letters of availability(water&sewer) 1 DEP Utility installation permits (water/sewer) 1 ✓ • Engineering Report with Assumptions and Explanations per Ord. 2001-57 3 ;k Excavation permit application 1 • Other Required permits: Applicant/Agent Signature Date • C:\Users\fredreischl\Desktop\Pre-app Forms-JUNE 20111SIP Pre-application June 2011.doc revised: 8/5/02,rev.6/21111 i 5' ANIMINOINNINIP Fees: $1000 SIP Review ❑ $250 Site clearing (first acre or fraction thereof) plus $50 for each additional acre or fraction ($1,500 maximum) ❑ Utility Plan Review & Inspection: Construction document review—0.75%of probable water/sewer construction costs Construction inspection—2.25%of probable water/sewer construction costs ❑ Roadway, Drainage& Stormwater Management: Construction document review—0.75%of probable construction costs Construction inspection—2.25%of probable construction costs ❑ SIP Insubstantial Change Review $400 for the first page and $100 for each additional page. ry rl,!rl _ • i-ev ev ;tee X$150 Fire Review Fee NJa h,,Ti<i2- If//r a ^a vecTl7 �c -r14 ` rtrc t!:cte G + ❑ $20 Environmental Health Review (if site has septic tank, grease trap,underground tanks) 01. $500 Pre-Application Fee (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required.) Notes required on the SIP: a. Exotic vegetation as defined by the Collier County Land Development Code shall be removed from the site and subsequent annual exotic removal (in perpetuity) shall be the responsibility of the property owner. • b. The review and approval of Improvement Plans does not authorize the construction of required improvements, which are inconsistent with existing easements of record. c. The property owner is responsible for replacement of all dead landscape material and for the maintenance of the required irrigation system. d. Vegetation to remain shall be protected with approved barricading (detail shown) and barricading will remain in place until completion of construction. C:\Users\fredreischl\Desktop\Pre-app Forms-JUNE 20111SIP Pre-application June 2011.doc revised: 8/5/02,rev.6/21111 SDP/SIP DATA TABLE, RECOMMENDED FORMAT •Zoning.Subject Property&Surrounding(example) SUBJECT PROPERTY: PUD(Westview Plaza) SURROUNDING: N ( I(Industrial) S Gall Blvd ROW,then E(Estates) E RSF-3 (Residential) W PUD(Westview Plaza) Setbacks, Interior Lots (example) SITE DATA REQUIRED PROVIDED FRONT YARD 25' 50' ± SIDE YARD #1 (N*) 15'or t/2 BH (BH= 30) 15.5' SIDE YARD #2 (S) 15'or 1/2 BH (BH = 30) 25' REAR YARD l 25'(PRESERVE SETBACK") { 25' Setbacks,Corner Lots/Lots having more than one street frontaae(example) SITE DATA REQUIRED PROVIDED FRONT YARD#1 (NE*) I 25' 25.5' FRONT YARD#2 (SE) 20'(REDUCED 2ND FY SETBACK 20' IlkPER PUD DOC,SEC 3.4.5**) IDE YARD #1 (SW) 15' 5.5' SIDE YARD #2 (NW) 15' 30' * Use closest corresponding compass point:N, NW,5,SE,etc. ** Explain special yard requirements or allowances&cite PUD document where applicable Separation of structures (example) REQUIRED PROVIDED 15' 17' or 15' or 1 sum of building heights(SBH) 20'(SBH =40',Y X 40'= 20`) Building height (example) REQUIRED PROVIDED 75' 50' Residential minimum floor area (example) REQUIRED PROVIDED 1,200 sq ft T 1,850 sq ft I • C:1Userslfredreischl\Desktop\Pre-app Forms-JUNE 20111SIP Pre-application June 2011.doc revised: 8/5/02,rev.6/21/11 7 FIRE CODE GENERAL COMMENTS; • Ensure compliance with ALL applicable sections of Chapter 18 of the currently adopted edition of the ,/ Florida Fire Prevention Code (FFPC) regarding fire department access and water supply. / Pursuant to FFPC 1:section 18.2.3.4.1.1,fire department access roads shall have an unobstructed width "`/// of not less than 20-feet. On the SDP Cover Sheet, please provide the following information for the proposed structure:(1)the type of Construction per the 2010 FBC;(2)the total square footage under roof(conditioned and non- conditioned)and(3)the sprinkler intention for new structure. NOTE:this specific information shall match what is depicted on the architectural drawings that will be submitted under a subsequent building permit,as both the building permit drawings and the SDP Cover sheet will be scrutinized to ensure the information listed above is consistent on both sets of documents. Please provide a current flow test(i.e.within 6-months of submittal date)and hydraulic modeling(if necessary)demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1: section 18.4.5.2 and Table 18.4.5.1.2 can be achieved for the proposed structure. The hydraulic modeling shall be provided from the flow hydrant(i.e.wherever this happens to be located)throughout the run of fire line and to the various nodes up to or past the proposed structure and shall include pipe friction losses based on the Hazen-Williams formula. If the New Model Sales Center does not exceed 5000 square feet,then please provide a current flow • test and hydraulic modeling(if no hydrants are close to structure)demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1:section 18.4.5.1.1 can be achieved for the proposed structure. The hydraulic modeling(if necessary)shall be provided from the flow hydrant(i.e. wherever this happens to be located)throughout the run of fire line and to the various nodes up to or past the New Model Sales Center structure and shall include pipe friction losses based on the Hazen- Williams formula. If the New Model Sales Center does,in fact,exceed 5000 square feet,then please provide a current flow test and hydraulic modeling(if no hydrants are close to structure)demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1:section 18.4.5.2 and Table 18.4.5.1.2. The hydraulic modeling(if necessary) shall be provided from the flow hydrant(i.e.wherever this happens to be located)throughout the run of fire line and to the various nodes up to or past the New Model Sales Center structure and shall include pipe friction losses based on the Hazen-Williams formula. In addition, provide on the Cover Sheet the type of construction per the 2010 FBC,the total square footage under roof(conditioned and non-conditioned)and the sprinkler intention for the New Model Sales Center. Show existing and proposed fire hydrant locations. /7 6-144-‘46-1.1' _ .-4..t-J ..^a Ci<e Gc [�( Ct )lr=:j 14 c- 14 • Please identify on the ICP Cover Sheet the total square footage under roof of the largest proposed single-family structure. If any of the new proposed single-family structures do not exceed 5000 square feet of fire flow area,then please provide hydraulic modeling(if no hydrants are close to structure) demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1:section 18.4.5.1.1 can be achieved for the proposed structure. The hydraulic modeling shall be provided from the flow hydrant(i.e.wherever this happens to be located)throughout the run of fire line and to the various nodes up to or past the newly proposed single-family structures and shall include pipe friction losses based on the Hazen-Williams formula. If any of the newly proposed single-family structures do,in fact,exceed 5000 square feet of fire flow area,then please identify(if possible)where or on which lots these larger structures can be built as fire hydrant spacing is limited to a maximum of 300-feet. Also, provide hydraulic modeling(if no hydrants are close to structure)demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1:section 18.4.5.2 and Table 18.4.5.1.2. The hydraulic modeling shall be provided from the flow hydrant(i.e.wherever this happens to be located) throughout the run of fire line and to the various nodes up to or past the newly proposed single-family structures and shall include pipe friction losses based on the Hazen-Williams formula. If these larger single-family homes can be built on any of the lots,then the fire hydrant locations will need to be changed to a maximum of 300-feet throughout the areas being permitted. Additionally, provide on the Cover Sheet the type of construction per the 2010 FBC,the total square footage under roof(conditioned and non-conditioned) and the sprinkler intention for each of the structures that will exceed 5000 square feet in fire area. The maximum distance between fire hydrants shall be 500-feet in exclusive one and two-family areas with buildings not exceeding 5000 square feet and 300-feet in all other areas. Hydrant placement shall be started so fire apparatus is not forced to pass a potential hazard to get to the first hydrant. The turning radii throughout a fire access lane serving a building is required to be a concentric and jr concurrent 25-feet inside and 49-feet outside radii throughout the 90-degree turns and a concentric and concurrent 25-feet inside and 45-feet outside turning radii throughout the 90-degree turns for fire access lanes within large parking lots in accordance with Collier County Fire Prevention and Protection Code Policy and Procedure Manual Article Number ACC 09-4. If there is a dead-end fire access road that is in excess of 150-feet,then an approved fire district turn- around is required. The angle of approach and departure for any means of fire district access shall not exceed 1-foot in 20- feet and shall not exceed the design limitations of the fire apparatus for the respective fire district. ISPRINKLERED BUILDINGS AND NEW FIRE HYDRANT INSTALLATION: Please identify and delineate on the SDP drawings the point-of-service location as defined in 633.021(19)and 633.021(9) F.S. 9 Once the point-of-service location is established,It is from this juncture that a separate permit is required for the installation of underground fire lines in accordance with NFPA 24(2007 ed.)by an appropriately certified fire sprinkler contractor or a Type V underground contractor as defined and outlined in 633.021,633.521 and 633.539 F.S. The SDP drawings must contain the following statements on the drawings: 1) "A separate permit is required prior to installation of any fire line." 2) "Installation of all underground fire lines shall comply with the 2007 Edition of NFPA 24." 3) "Underground fire lines shall be installed by an appropriately certified fire sprinkler contractor or a Type V underground contractor as defined and outlined In 633.021,633.521 and 633.539 F.S." Please delineate on the plan drawings locations of ALL fire protection appurtenances such as PIV(post indicator valve), DDCV(double detector check valve)or fire system detector check assembly,check valve,fire department connection(FDC), There shall be a fire hydrant within 50-feet of an FDC and on the same side of the roadway. FDC's shall not be placed between buildings. STIPULATIONS-:1 Please note that prior to the accumulation of combustible building materials on site, proposed fire • hydrants must be operable and be able to provide the minimum required fire flows,and improved stabilized emergency apparatus access ways(min.20-feet wide) must be available to within 100-feet of structures. All fire hydrants,fire department connections(FDC)and post-indicating valves(PIV)shall be visible and accessible;they shall not be obstructed visually or functionally by trees, landscaping or parking spaces. INFORMATIONAL COMMENTS: Installation of a water line that is used to supply fire hydrants and that is also used for domestic use or that is a precursor to domestic use,is not considered to be used exclusively for a fire protection system and therefore,will not be subject to the application of NFPA 24 requirements,separate UG fire line permitting requirements or limited to Category V fire protection system licensed contractor. EXCEPTION: where there is a fire system detector check valve assembly installed on the fire line serving a hydrant, in which case the Utility Department's purview will stop at the gate valve upstream of the fire system detector check valve assembly and it will be at this gate valve that thepoint-of-service will be delineated and where a separate fire alarm permit will be required for the underground fire line and fire protection appurtenances to be installed per NFPA 24 and by an appropriately licensed Type V Underground contractor or Fire Sprinkler contractor. The term "domestic use" as referenced above is • any use other than when used exclusively for fire protection and can include, but not be limited to, irrigation, potable and non-potable use. A separate permit is required for the installation of any fencing and gates(i.e.sliding,manual rolling, motorized or other)that prevent access by fire apparatus,where it will be reviewed for code compliance with the 2010 Florida Fire Prevention Code:NFPA 1 and 101(2009 Florida-specific editions) and,where access boxes for manual gates and EVAC systems for electronic gates will be required. A separate permit is required for the installation of a generator,where it will be reviewed for code compliance with the 2010 Florida Fire Prevention Code: NFPA 1 and 101(2009 Florida-specific editions) and,where applicable,shall meet the provisions contained in NFPA 110(2005 ed.) A separate building permit is required for the canvas awning,where it will be reviewed for code compliance with the 2010 Florida Fire Prevention Code: NFPA 1 and 101(2009 Florida-specific editions)) and shall meet the flame propagation performance criteria contained in NFPA 701 (2004 edition). Approval Is limited to the Site Plan only. All architectural design changes shall also be submitted for review under a commercial Building Permit,where it will be reviewed for code compliance with the 2010 Florida Fire Prevention Code: NFPA 1 and 101(2009 Florida-specific editions). • All new LPG installations shall require a separate building permit and shall be in compliance with the requirements of NFPA 58(2008 ed.). NOTE:Typically, underground containers with 2000-gallon or less water capacity shall have a 10'separation distance from ignition sources,overhead power lines,building &building property line. All laboratories using chemicals shall be in compliance with the requirements of NFPA 45(2004 ed.). All recreation vehicle parks and campgrounds shall be in compliance with the requirements of NFPA 1194(2008 ed.)Standard for Recreation Vehicle Parks and Campgrounds. The removal,relocation and/or installation of underground or above-ground fuel tanks shall require a separate permit and be in compliance with the requirements of NFPA 30(2008 ed.)Flammable and Combustible Liquids Code and NFPA 30A(2008 ed.)Code for Motor Fuel Dispensing Facilities and Repair Garages. Typically,any type of floating or fixed docks or piers and associated structures require a separate permit and shall be in compliance with the requirements of NFPA 303 (2006 ed.) Fire Protection Standards for Marinas and Boatyards. // It is understood that the proposed development outlined in the PUDZ-A documents is conceptual in • nature. And as there is not enough information at this time to offer specific comment regarding compliance with currently adopted Fire Codes, please note that throughout all subsequent progression of the site development,all permits will be subject to compliance with all Fire Codes,Standards, Ordinances and local FCO Policy&Procedures adopted and in place at the time of the respective permit. This shall include,but not be limited to fire lane widths, turning radii and dead-end requirements, hydrant locations,fire flow requirements,etc. The Fire Code Office has no objections to the proposed use outlined in the Conditional Use(CU)request as it relates to zoning. However,all new and/or existing structures will be subject to compliance with all applicable Fire Codes,Standards,Ordinances and local FCO Policy& Procedures adopted and in place at the time of the CU permit. As the Fire Code office has not performed a site visit and verified that existing structures comply with applicable Fire Codes relative to the proposed use, it is understood that a final fire inspection is required and is the responsibility of the applicant to schedule such inspection with the appropriate local jurisdictional fire district. • • _ r -„: , rL, . 1 . 0 CI) 1• ... 46 zoco c8 ifi .1-6 05 a e 5 > >: c el c 0 2) 0 a0 n ,_ 43 3.v En .6- 0 0- 5c ,...0) c 2, c 0 2 - 1 8 0 o ee c4 j 0 CI I , ...c.i@c,„ ,,,,,.,,= ,g, (nE o ,ttl a ,QN 73 75 (1 4 ? , c -0 w.i. 0 03 C 0 45 6 ta -* xtei 0 43 0 ..c 0 >, ,.- o o o co CD e) c 0 .g II E .0 21,0 .g. mc 12 © .Cg --6 st _ 0 2 .- -c •-.--/- 0 .e .e) 0 a) o c Kj co >, - .c . • ..c 1:1 0 (i) 0 - ir.; .c.) o m 0 - E 0 -2 E.Jt ---= 0 .- tm- eo ° ° -6 5 t I) LI! ' c 01 rriC a) JO -76 0 0 a) ra 4) E "Cg a CI) CD 4., CO •'''' • V„,„ 1 CD -o5Ecocticoo —, c) .coc .o .cm <0 .9. 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C 0 ,i12 .-'"' 3 2 3 2 0 i.3 --c-, *.-Ca .C cecii C..) ctzin C rd cric.'- co5 a °is utl) °Trici) 2.= -Eci. Ct. 12 oss '- . 1 (11) > u.) 'as ,...• ...) 0 .c ,11 0 _ ,c co co ,.. c ur) — ,... , ,_ 0 n •- ,.. . o El Ci CITICIV C3 ocit:M. f3N.M3 trio lo \--1 'Z \,, 43 C i trey County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE I GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT LDC Section 10.02.03 F Ch. 6 1 of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT: 7-Eleven, Inc ADDRESS: 4612 Tamiami Trail N CITY Naples STATE FL ZIP 34103 TELEPHONE#. CELL# FAX# E-MAIL ADDRESS: NAME OF AGENT: Philip Fetters FIRM: Harrison French & Associates ADDRESS: 1705 S Walton BIvd,Suite 3 cITY Bentonville STATE AR zip 72712 TELEPHONE# 479-273-7780 x 288 CELL# FAX# 888-520-9685 E-MAIL ADDRESS: phillip.fetters @hfa-ae.com CORRESPONDING SDP,SDPA,SIP INFORMATION This application shall be submitted in conjunction with one of the following: site development plan, site development plan amendment,or site improvement plan. PROJECT NAME/PL#IF KNOWN: 20130002373 PLANNER/PROJECT MANAGER,IF KNOWN: DATE OF SUBMITTAL OF SDP/SDPA/SIP: 2/3/14 I 10/18/2013 Page 1 of 4 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX:(239)252-6358 INFORMATION REGARDING DEVIATION REQUESTS A site plan with deviations for redevelopment provides a means for a redevelopment project to seek dimensional deviations (excluding height), architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings,structures,or site features nonconforming. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan, site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations,the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.02.03 F, "redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings,structures or infrastructure were legally built and installed. DEVIATION REQUESTS The application must address the follow requirements. Please attach the required narratives and explanations. 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC • section 10.02.03 F.7. 2. Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3. Project enhancements to offset or minimize the deviations shall be clearly identified on the site plan and explanation provided. 4. Deviation Request types: Zoning Deviation Requests-Check all that may be impacted by the request. ClDimensional standards(excluding height):, ❑Parking ❑Architectural ❑Landscape/Buffers El Other site features: setback deviation-fuel canopy into setback to provide cover over dispensers. Engineering Deviation Requests-Check all that may be Impacted by the request. ❑Stormwater ❑ Pathways ❑ Transportation Planning ❑Other site features: Page 10/18/2013 Pa 6 /s- Co ter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.col(Iergov.net (239)252-2400 FAX:(239)252-6358 SUBMITTAL REQUIREMENTS CHECKLIST I - REQUIREMENTS FOR REVIEW OF REQUIRED NOT COPIES REQUIRED Completed Site Development Plan with Deviations for © ❑ Redevelopment Application Completed SDP/SDPA/SIP application ❑ ❑ — ❑ Copy for the Pre-Application Notes,if not submitted with ❑ ❑ ❑ SDP/SDPA/SIP Notarized and Completed Owner/Agent Affidavits ❑ ELTi ❑ Electronic Copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all 0 © ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARNG PROCESS: * At 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 1 i( Site Plan for Redevelopment:$1,000.00 LX Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 Al!checks payable to:Board of County Commissioners The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 • 10/18/2013 Page 3 of 4 i July 1, 2014 Collier County Growth Management Division Planning and Zoning 2800 North Horseshoe Drive Naples,FL 34104 RE: PL20130002373 Site Improvement Plan 7-Eleven # 34148 4612 Tamiami Trail North Naples,FL 34103 Deviation Request PETITION NO. DRD-PL20130002373 --Petitioner,7-Eleven requests approval of a site plan with deviations pursuant to LDC Chapter I0.02.03.F seeks relief from (1)LDC Chapter 5.05.05(B)1 "Table of site design requirements", which requires a front yard of 5 50 feet in the Commercial Zone and specifically"Automobile Service Stations",to instead allow a front yard of 25 feet. The subject property is located on the East side of Tamiami Trail North(US Highway 41)in Section 15,Township 49,Range 25 in Collier County,Florida. Description of deviation: We are requesting a deviation of the current property setbacks on the south side of the property to allow us to install a new gasoline canopy covering all re-fueling locations. The justification for seeking the deviation is for the health and safety of people. By granting the deviation,anyone re-fueling would now have coverage from the elements. Project enhancements: Project enhancements include the installation of gas canopy allowing all guest to be covered from the elements during re-fueling, the new canopy once installed will allow for a new refueling route for gasoline deliveries allowing the driver to pull in and straight out after the fuel delivery. Currently the fuel delivery driver has to back into the development to off load fuel. This will potentially alleviate some traffic issues. Lastly part of this project is the removal of the site remediation system currently located and ARct11TECi•IlTM, Er c;;r4EF:REN(:i ( ;t;%,..:•o; 1.1;!.ii r,al!?: ( 126('00.29 t.;•lf;tt!! a?.Lf.'l.,liri/;'.ail�l :..i ' "! f I �1 PI:, t';i 'i.,,. I t,r,•1. I r: •. . 111. A '�. r: 1:I. i .i • :r, C l n:i i, I I.R';1 0';"1 .V: I(<npl q"i 11.l:, `!.Nina\n: •I(Utl!'i?)1 ' f 1.R:rchldi,•1•\'a:6i I'/-`1 /7 0 Page 2 operating on the development. Once the new underground storage tanks are installed there will be no need for the remediation system. • This site is an existing convenience store with fueling. The subject property redevelopment will meet LDC Section 10.02.03.F.7 in the following manner. It has been developed prior to or since 1987 and use the following info "Standards for approval". The petition shall be reviewed for consistency with the following standards: • Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Land uses and densities have not been revised. • The proposed development is consistent with the Growth Management Plan. • The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. • The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. • Streets, utilities, drainage facilities, recreation areas, sizes and yards,architectural features, vehicular parking and loading facilities,sight distances, landscaping and buffers shall be appropriate for the particular use involved. • Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. • • Areas proposed to common ownership shall be subject to a reliable and continuing maintenance guarantee. • Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. • The petitioner has provided enhancements to the development. • Approval of the deviation will not have an adverse effect on the adjacent properties. Sincerely, 301, Phillip Fetters Project Manager Harrison French and Associates . • 17115 S \\dhoti lilac(. Sulk A k:ui:a: 72713 479 273 770 Fa\88S.520 9685 ARCHITECTS 1.1 A R i`( ._},''1 f\ {'.IN(A i ENC1N1=FRS �\ \ 5 ti ( t i I :'A I I ` I 'I 1 ) INT .RIUR9 • January 30,2014 RE: 7-Eleven#34148 4612 Tamiami Trail N Naples,FL Collier County Planning Department 2800 North Horseshoe Drive Naples,FL 34104 Cover Letter of Intent for SIP: Planning Personnel, The address listed above is an existing 7-Eleven site with fueling. There are four dispensers existing,two of which are covered by a canopy which has approximately 14 foot clearance above ground.The other two dispensers at in an area which is uncovered. • This site presently has 3 underground storage tanks. We are proposing to remove the 3 underground storage tanks,the four dispensers,and the canopy which covers the two dispensers. We are proposing to install two new underground storage tanks, four new dispensers and a new canopy which will cover all four dispenses. Canopy to have a clear height of 14 foot six inches. We are proposing to keep the grades as they presently exist. There will not be any additional impervious surface with this project. We are not proposing any changes to the existing utilities,we are not proposing any changes to the drive entrances or exits. We are not proposing to add any additional square footage to the existing building. Sincerely, Phillip Fetters Project Manager Harrison French&Associates ARCHITECTURAL ENGINEERING (.ir/ifiar/e•of..1;rihnri jl/irur:.4.12600/029 (.e,ii/i.dte of.-tu//rnri`alinn:!6 411 Flarri?nn 0 French I[I,AIA,NCARI3 Lawrence C Lou,AIA,NCARI3 Chris[lorton,PE,NCI..ES . Fl.R gislnrlior;No:..-11(001-19-3 17.lie3i tralio, ,\'o:_91(009336. FI.R?gitlrelioo\'u 61 1703 S Walton Blvd,Suite3 Bentonville,Arkansas 72712 Phone 479.273.7780 Fa\479.273,94 36 .hfa-ae.com �9 "I*.f.:=-..Z.:.:*7.17........................ 1 .• ,...,,,,..e.......-.-.. - Tamiarni Trail 1 I i I . ID I I ' 1 e • . ,'i . 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Feder.,Treasurers Naples,FL 34109 • Margaret Hanson,Commissioner �, 239-597-9227 Phone James Burke,Commissioner ;1. 239-597-3522 Fax North Naples Fire Control and Rescue District January 21, 2014 Mr. Phillip Fetters Harrison French&Associates 809 S. W.A Street#201 Bentonville, AR 72712 Fax: 479-273-9436 Re: Flow Test @ Seven-11 —4612 Tamiami Trail North (Flow Hydrant#06-047—Static Residual#06-057) Dear Mr. Fetters, • The North Naples Fire Control and Rescue District has conducted a flow test at the above location. This also will serve as an invoice in the amount of $100.00 to cover the cost of the test. (Check#44048) Please make your check payable to North Naples Fire District and please reference the name of the project on your check. Following are the results of the flow test: Static: 70 Residual: 44 Total Flow GPM: 1,678 Pitot: 25 x 2 Ports Flow @ 20 PSI GPM: 2,389 Time: 10:08 AM— 1-16-14 If you have any questions, please do not hesitate to contact me @ (239) 597-9227. Sincerely, 'p Don Baer, Battalion Commander Fire Prevention North Naples Fire District DB:ds S za Flow • Hydrant Castello Drive r."- . ..,,, 1 1 �I I 1 1 Lid 0 O c0, - kj _ p :::7-7_: U i I t 1 z L7 .� < zz 01 r,_ 1 , Ut 03 ! 1 i 4 _ _...., _ .. _ uiii,,,,,w,....vi til i2.7 0 I 7-ELEVEN I a -3 Q. ---/ 482442miani TraA N 111:11A 1 i ....,V 0 CI i u O I 7-1\<-'...‘.. J Static Hydrant Granada Boulevar ro---. ...-- 1 /-------\\\ • • UTILITIES PERMITS TELEPHONE(239)213-5051 •FACSIMILE(239)213-5010 295 RIVERSIDE CIRCLE• NAPLES, FLORIDA 34102-6796 January 24, 2014 Harrison French &Associates, Ltd. Attn: Phillip Fetters 809 S.W. A Street, Suite 201 Bentonville, Arkansas 72712 Ph: 479-273-7780 ext. 288, fax: 479-273-9436 Subject: Letter of No Objection and Approval of site plans for the replacement of underground storage tanks at 7 Eleven store. City file No. 2008- 49 Dear Mr. Landy: In response to your Architectural site plan submitted on January 17th, 2014; this office has completed its review of the project involving the propose replacement of underground storage tanks at 7 Eleven store located 4612 Tamiami Trail North, Naples, FL 34103. The scope of work as depicted by the plans confirms no City of Naples potable water or fire service issues, and no potable domestic or fire lines exist under the proposed expansions. Accordingly, please accept this letter as the City of Naples project approval and no-objection to your final permitting activities and final approval of the project by Collier County government and other jurisdictions as applicable. This 'Letter of No Objection' is premised and conditioned upon the following: (1) That there is no increase in the existing/approved fire protection peak design flow rates resulting from the subject improvements; (2) That there is no need to increase/upgrade and/or decrease/downsize existing water meters which provide potable and/or irrigation water to the site; (3) That the design meets the requirements of the Fire Department and National Fire Protection Act; /' ... • 7 r %. 4 e Ii's e. /./re.r //... < (4) That the Record Engineer has determined through engineering evaluation and hydraulic analysis that any • existing domestic water service and fire protection facilities shall not be adversely impacted as a result of the subject project. (5) The developer/ contractor is responsible for locating existing water and sewer distribution lines within the property to assure no disturbance with propose project. In considering the above, please contact this office at telephone 239- 213-5051 if any questions arise. Sincerely, Michael Lam Utility Permits Coordinator cc: Justin Frederiksen, P.E., City of Naples Deputy Utilities Director George Archibald, P.E., City of Naples Engineer Bob Legault, City of Naples Utilities Inspector • • AFFIDAVIT OF AUTHORIZATION �F}OR PETITION NUMBERS(S) PL20130002373 I, floNra1-9 5. gom►caNte (print name), as Zor c.GRth&e. __(title, if applicable) of 7-eieve,, (company, If a licable),swear or affirm under oath, that I am the(choose one)owner! !applicantacontract purchaser and that: 1 I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2 All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3 I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Josephcerena to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp pres. or v.pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's Managing Member." • If the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, i declare that t have read the foregoing Affidavit of Authorization and that the facts stated in it are rue. g nature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was swom to(or affirmed)and subscribed before me on 11-7/Lott I. (date) by g. 114-D . $o``nr-vi.rcit9 (name of person providing oath or affirmation), as Zo•e LAbAct06(2- who is personally known to me or who has produced (type of identification)as identification. \. STAMP/SEAL ublelft Lt1lt� Signature of J tary ry Public , solo Notary Pudic Staub of faddy ` Dare J Wdliema I s My Cam mltaionEE002641 { Exar•Iosasno+4 (f • c PLUS-co,1-ff111511 s5 REV 3/24/14 _2 7 9unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION 239)252-2400 FAX(239)252-8358 www.colliergov.net AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) P1201 3 000237 3 I,Christopher Kemph (print name),as P"s;ue:H __(title,if applicable)of Rock Oil Company (company,If applicable),swear or affirm under oath,that I am the (choose one)owner RI applicant❑contract purchaserEand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred,conveyed,sold or subdivided unencumbered by the conditions and restrictions imposed by the approved action. 5. We/I authorize J0 Ph Gelena to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres. or v.pres. • If the applicant is a Limited Liability Company(L.L.C.)or Limited Company(L.C.),then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance,first determine the applicant's status, e.g., individual, corporate, trust,partnership, estate, etc.,and then use the appropriate format for that ownership. Under penalties of perjury,I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. +124-1 (-- Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing Instrument was sworn to(or affirmed)an subscribed before me on 21'74 ( a e by C%�%H4r'I"_"' (name of person providing oath or affirmation),as r1+� who is personally known to me or who has produced (type of identification)as identification. 0001044k/ SCHp STAMP/SEAL `0fihet " a . *of Notary ublic NOTAA � 'y* � YSEAL. Ce108-CO.+-001151155 C STRTi: ti :" t"it,t t.!t1"l.._ 2/26/2014 9&9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239)252-6358 AFFIDAVIT we/% Christopher Kemph being first duly sworn, depose and say that we/i am/are the owners of the property described herein and which is the subject matter of the proposed hearing;that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/1 understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/1 further authorize Joseph Gerena to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property Owner Christopher Kemph, Pres, Rock Oil CIE Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrrument was acknowledged before me this ,41k , day of alai/ 20 14- , by .- phi,.-(' dy1,)- who is personally known to me or has produced as identification. woo (Signature of Notary Public) NOTARY SEAL •:,., �i ap t Type, or Stamp Commissioned �c +ts.C ;" . ,� Name of Notary Public) • 10/18/2013 Page 4 of 4 079 SAGountuntY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT We/i Christopher Kemph being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application Is deemed complete, and all required information has been submitted. As property owner We/I further authorize Harrison French &Associates to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property Owner Christopher Kemph, Pres, Rock Oil Ci Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 2474 day of :+ _ 20 L'F ,by�%' 'J�//1!.' ttj2/t? who is personally known to me or has produced as identification. ocjSCyOF �.� .,,,,,assio,y" s '. (Signature of Notary Public) AP ,bstr j F/. =x• rat mci):* '' is t AR�SEAL r ��tis} a� (Print, Type, or Stemp Commissioned .� sc "� � Name of Notary Public) fir, b� ..... .,, r �P STAT�nF..>�', ' rTwE>,1t1 10/18/2013 Page 4 of 4 co er county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE 4110 GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION 239)252-2400 FAX(239)252-6358 www.colliergov.net AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PU0130002373 I, LuAnn Garrett (print name),as Program Administrator (title,if applicable)of Harrison French 8 Associates (company,If applicable),swear or affirm under oath,that I am the (choose one)owner.0 applicant Ea contract purchaserE and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred,conveyed,sold or subdivided unencumbered by the conditions and restrictions imposed by the approved action. 5. Well authorize Joseph Genoa to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres.or v.pres. • If the applicant is a Limited Liability Company(L.L.C.)or Limited Company(L.C.), then the documents should typically be signed by the Company's "Managing Member." • • If the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance,first determine the applicant's status, e.g., individual, corporate, trust,partnership, estate, etc., and then use the appropriate format for that ownership. Under penalties of perjury,I declare that I have read the foregoing Affidavit of Authorization and that the facts stated In it are true. dt)LkaPNAN.LACIXNIJA -I lo' 1 4 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirme. and subs (bed before me on04�ll0lA4 (date)by Clet v e+i (name of person providing oath or affirmation),a ,. OP ■ , , 4. • who is personally known to me or who has produced (type of identi ic• ion)as dentification. _'' s i y P,a! iHELI NOTARY PU2LIC-STATE OF ARKANSAS fl BENTON COUNTY iii Vilt/i r , r, mitt; Sion Explr3s 5.10-2©IB Signature of Notary Pi he ,nmmiuslon#'12348298 �, • CP108-COA-00115 I55 2/26/2014 21 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) P120130002373 • 1 Phillip Fetters (print name), as Project Manager (title, if applicable)of Harrison French&Associates (company, If applicable), swear or affirm under oath, that I am the (choose one) owner[applicantncontract purchaser (and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Joseph Gerona to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member" • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words"as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts s�tatecf in it are tr1Je. Signature r Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrumept was sworn to(or affirmed)and subscribed before me on,(/ML.,J// (date)by - • fn a 'p t Lam.✓ (name of person providing oat or affirmation), as 1-11 `L Wp ice, ri1-e i' who is personally known to n�,or who has produced (tips of identification) as identification. STAMP/SEAL Signature of Notary Publfc JENNIFER J.BROWN BENTON COUNTY NOTARY PUBLIC--ARKANSAS My Commission Expires March 24,2024 Commission No.12390295 • CP108-COA-00115\155 REV 3/24114