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HEX Agenda 11/13/2014 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA NOVEMBER 13, 2014 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,NOVEMBER 13, 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— September 25,2014; October 23, 2014 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. BDE-PL20130001397 — Mr. and Mrs. Charles Deveney request a 30-foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Land Development Code for a total protrusion of 50 feet to accommodate a boat dock facility for the benefit of Lot 272, Isles of Capri Unit 2 Subdivision, also described as 108 Tahiti Street in Section 32, Township 51 South, Range 26 East, Collier County,Florida. [Nancy Gundlach, AICP, PLA, Principal Planner] B. PETITION NO. SV-PL20140001151 — Two Lakes of Naples, LLC requests a variance from LDC 5.06.04.F.1, which limits multiple-occupancy parcels with 150 feet or more of public street frontage to one pole sign, or two pole signs if there is a minimum of a 1,000- foot separation between such signs, to instead allow two pole signs with a minimum of a 570.52-foot separation, for the Two Lakes commercial condominium, located within the Two Lakes PUD, Ordinance 00-63, on the east side of U.S. 41, in Section 9, Township 48 South, Range 25 East, Collier County, Florida. [Nancy Gundlach, AICP, PLA, Principal Planner] C. PETITION NO. PDI-PL20140001440 — Terracina II, LLC requests an insubstantial change to Ordinance No. 87-15, as amended, the Bretonne Park Planned Unit Development, to: (1) add an optional second entrance to the assisted living/skilled nursing site subject to approval of the Florida Department of Transportation; and (2) to add a bridge deviation to allow a sidewalk only on one side of the bridge. The subject property is located on the north side of Davis Boulevard at the intersection of County Barn Road in Section 5 Township 50 South, Range 26 East, Collier County, Florida. [Mike Sawyer, Project Manager] D. PETITION NO. ZVLCUD-PL20140002295 — Ralph Cioffi - Carolina Way c/o Welsh Companies Florida, Inc. requests approval of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of enclosed mini and self-storage warehousing use (SIC Group 4225) is comparable in nature to other permitted commercial principal uses for mixed use areas under Section 3.3 of the Carolina Village MPUD, Ordinance No. 05-19. The subject property is located on the north side of Vanderbilt Beach Road, west of CR 951, in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 15.88 acres. [Ray Bellows, Zoning Manager] 3. OTHER BUSINESS 4. ADJOURN AGENDA ITEM 4-A Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: DEPARTMENT OF PLANNING AND ZONING GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: NOVEMBER 13,2014 SUBJECT: PETITION BDE-PL20130001397, 108 TAHITI STREET BOAT DOCK EXTENSION PROPERTY OWNER/AGENT: Owner/Agent: Mr. and Mrs. Charles DeVeney 108 Tahiti Street Naples, FL 34113 REQUESTED ACTION: The petitioner is requesting a 30-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, which will allow construction of a boat docking facility protruding a total of 50 feet into a waterway that is 210 feet wide. GEOGRAPHIC LOCATION: The subject "boat dock lot" is located at 108 Tahiti Street, further described as Lot 272, Isles of Capri Unit 2 Subdivision, in Section 32, Township 51 South, Range 26 East, Collier County,Florida. (See location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner is proposing the removal of an existing 268+/- square-foot boat dock facility to construct a 280+/- square-foot boat dock facility. The proposed boat dock facility will consist of an 8-foot by 20-foot terminal platform at the end of a 4-foot by 30-foot walkway. The dock facility will service a boat lift for a 30-foot vessel (on a 14' x 16' boat lift) along with an accessory jet ski and kayak (on a 10' x10' boat lift) that will result in a total protrusion of 50 feet into the water body. The proposed boat dock facility is located on a single-family residential lot that is approximately 60 feet in width. The proposed new boat BDE-PL20130001397, Page 1 of 8 108 TAHITI STREET September 9,2014 4 �/O ' Q R -! ,`yam, ,1 - ft $ ,c,c, ,f/.. .� e , 41•4„. 4414•12111111A _4 / do ry7 � ` Z j* qn �m r 0 go S= � �a€. ® a n s c N u 2 g s a=' a - J � t ELI' m ^ III a QV) s^ 1 Q z S e '. 1 w _ a . 4 8 art►= a oz, j _ #: t S a I M. x N J T 01 LOX a TM CD at I r t `� Q g 7 i ( z r� a I I/ *p, t3 g� _� _._— ' is 1 \t. c) , '-4.. •, ,. ,-.! ,'',_t1±_.____x!!.._ . i ! °o g , ,°, .— _ : -1, ''';,,J < . % :... __..L_.._._.L_____ ._____ __ ,tri 4-1-i- .,.,- .-r"..... } -,.rt, ,' d 1� /T4. Stq"* al o e £l'b-* 0 a o n a vo m t$'£-* 8Z7'* $ r W LA- WE-* z - *1 z O Q C sw- "<>4b u ¢ -tc T,=' .` w ' b0'£-* 1„.9 CC W'OEV ' g z c .1!",',,,...7.7. 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SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single-family residence,with a zoning designation of RSF-4 SURROUNDING: North: Tahiti Street, then a single-family residence, with a zoning designation of RSF-4 East: Single-family residence, with a zoning designation of RSF-4 South: Snook Bay,then mangroves and a park, with a zoning designation of RSF-4 West: Undeveloped parcel owned by the applicant, with a zoning designation of RSF-4 _. r r. $ > s 4 r ;040 -IV ,... 4 4 " ' ! , "' xr I r ` '15,,. � is ' ,f aid ' I . *_ N i t All• va.....- Opt tl AERIAL PHOTO BDE-PL20130001397. Page 4 of 8 108 TAHITI STREET September 9,2014 ENVIRONMENTAL EVALUATION: Environmental Services Staff has reviewed this petition and has no objection to the granting of this request. Section 5.03.06(E)(11) (Manatee Protection) of the Collier County Land Development Code (LDC) is applicable to all multi-slip docking facilities with ten (10) or more slips. The proposed facility consists of one boat slip and is therefore not subject to the provisions of section 5.03.06(E)(11). STAFF COMMENTS: The Collier County Hearing Examiner (HEX) shall approve, approve with conditions, or deny, a dock facility extension request based on the following criteria. In order for the HEX to approve this request, it must be determined that at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with Section 5.03.06 and finds the following: 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 new boat dock facility will moor one slip, which is consistent with the allowed 2-slip provision. 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. According to the petitioner's application, the water depth at the site is not adequate to accommodate the vessel without an extension. 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.) BDE-PL20130001397, Page 5 of 8 108 TAHITI STREET September 9,2014 Criterion met. According to the information submitted by the petitioner, there will be no impact on the navigable waterway because of its 210-foot width. 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. According to the information provided by the petitioner, the waterway is 210 feet wide. The proposed facility will occupy about 24 percent or 50 feet of the 210-foot navigable waterway width. Approximately 76 percent of the width will be maintained for navigability. 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.) Criterion met. According to the drawings submitted by the petitioner, the proposed facility will not interfere with the use of neighboring docks. 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 not met. According to information provided by the applicant, while the area continues to fill with silt due to the restricted water flow in this location creating a problem related to water depth,there are no other special conditions. 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 not met. As shown on the drawings submitted by the petitioner, the deck area, while it allows safe access to the vessels for loading/unloading and routine maintenance, is more than what is necessary for reasonable safe, access to the vessel for loading/unloading and routine maintenance. 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.) BDE-PL20130001397, Page 6 of 8 108 TAHITI STREET September 9,2014 Criterion met. The 30-foot vessel length is 50 percent of the 60-foot lot width. 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 proposed dock facility is located at the end of Snook Bay and will not impact the view of the neighboring waterfront property owners. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. According to the information submitted by the petitioner, there are no seagrass beds located in this area. 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 met. The proposed facility consists of one boat slip and is therefore not subject to the provisions of section 5.03.06(E)(11). Staff analysis indicates that the request meets all of the primary criteria and all of the secondary criteria. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF ZONING APPEALS: As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Division Administrator within 30 days of the action by the Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, 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 County Attorney Office has reviewed the staff report for BDE-PL20130001397 revised on September 9, 2014. —SS STAFF RECOMMENDATION: Based on the above findings, staff recommends that the HEX approve Petition BDE- PL20130001397. BDE-PL20130001397, Page 7 of 8 108 TAHITI STREET September 9,2014 PREPARED BY: CVViel tit , 4-> NANCY GI'F DI AI I, AICP,PRINCIPAL PLANNER •ATE DEPARTI 'E I�or PLANNING AND ZONING ll • REVIEWED BY: RAYM ) V. B LLOWS, ZONING MANAGER DATE DEPAR" ENT OF PLANNING AND ZONING MICHAEL BOSI,AICP. DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING BDE-PL20140001397, Page 8 of 8 108 TAHITI STREET September 4,2014 • DEVENEY 1O8TAHITI STREET • DOCK EXTENSION • • APPLICATION • • Collier Counts' DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION • APPLICATION AND SUBMITTAL INSTRUCTIONS The following information is intended to guide you through the process of a Dock Facility Extension or Boathouse Establishment Petition,from completing the application packet to the final determination by the Collier County Planning Commission. Prior to submittal of the attached Dock Facility Extension or Boathouse Establishment Petition application, you must attend a pre-application meeting to determine if, pursuant to Land Development Code Section 5.03.06,the option of a dock facility extension or boathouse establishment is available to you and to discuss the location,length/protrusion and configuration of the proposed boat dock facility.The pre- application fee is$500.00(to be credited toward application fee upon submittal.) In order to process your request,all accompanying materials must be completed and submitted with the application(SEE ATTACHED CHECKLIST).The application fee for a Dock Facility Extension or Boathouse Establishment is currently$1500.00 plus$925.00 for required legal advertising. An additional amount for property owner notifications will be billed to the applicant prior to the hearing date. Within ten(10)days of the submission of your application,you will receive notification that your petition is being processed. Accompanying that response will be a receipt for your check and the number assigned to your petition. This petition number should be noted on all future correspondence regarding your petition. • The Department of Zoning and Land Development Review will provide for legal notification of surrounding property owners within 500 feet of the subject property and newspaper advertising(required fifteen(15) days prior to the Planning Commission Hearing date).You will be notified by mail of your hearing date and will receive a copy of the Staff Report. It is recommended,but not required,that you or your agent attend the Planning Commission meeting. If you have any further questions or need assistance completing this application,contact the Growth Management Division/Planning and Regulation at 403-2400. DeVeney Dock Extension. Page 1 of 10 PETITION#BDEPL20130001397 DOCK FACILITY EXTENSION / BOATHOUSE PETITION THIS PETITION IS FOR(check one): *DOCK EXTENSION PROJECT NUMBER PROJECT NAME • DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S) Mr. and Mrs. Charles DeVeney ADDRESS 108 Tahiti Street CITY Naples STATE Florida ZIP 34113 TELEPHONE#239-259-8338 CELL#954-990-9139 E-MAIL deveney@att.net NAME OF AGENT Prepared by owners FIRM ADDRESS CITY STATE ZIP TELEPHONE# CELL# FAX# E-MAIL BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. • DeVeney Dock Extension. Page 2 of 10 PETITION* BDEPt20130001397 S PROPERTY LOCATION Address of Subject Property 108 Tahiti Street SectionlTownship/Range 32/51 /26 Property I.D.# 52395440006 Subdivision Isles of Capri Unit 2 Lot(s)272 Block(s) Current Zoning and Land use of Subject Property (RSF-4) ADJACENT ZONING AND LAND USE Zonin Land Use N RSF-4 Single Fami. Residential RSF-4 Snook RSF-4 Single Family Residential RSF-4 Vacant Residential Lot DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): We are tearing down our 268.8 sq.ft. marginal dock in an attempt to reach deeper water. We applied for and received a 2-boat permit, meeting the new reduced standards of 160 sq. ft. for a terminal platform and a 4'walkway. The terminal platform will be 8' x 20' as per D.E.P. and Collier County suggestion for maintenance and accessing future boat. The walkway will be 4' x 30'. Overall protrusion into Snook Bay will be 50'from the seawall. The nearest shoreline is 210'from the outer edge of the seawall, to the nearest shore. The distance was measured by a tape measure perpendicular to the seawall. This measurement was calculated by physically stretching a 100' tape measure to the end of the tape. Then I hammered a PVC pipe into the sandy bottom. I secured the tape to the top of the PVC pipe and stretched the tape to the end again, until I reached the other shore. • All this was done from a floating dock. The distance from the closest piling to the nearest prop root is 25' and a turbidity barrier will be used for dredging, therefore the mangroves will not be affected. The dredge material will be disposed of by the contractor. . -Inv AJ 144e 4r, r 44 4 Air AL. „p, 1 .10 Aerial photo taken from Collier County Property Appraiser website. DeVeney Dock Extension. Page 3 of 10 PETITION#BDEPL20130001397 SITE INFORMATION Width of waterway: 210 ft.; Measurement from ❑ plat ❑ survey ❑ visual estimate • other(specify)Tape measure Total property water frontage: 60 ft. • Setbacks: provided 16 ft. required 7.5 ft. Total protrusion of proposed facility into water: 50 ft. Number and length of vessels to use facility: 1. 30' List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: Heading east of 102 Tahiti Street, the docks line Snook bay. The dock measurements are approximate: 112 Tahiti Street protrudes 9', 116 Tahiti Street protrudes 20'. 120 Tahiti Street protrudes 23'. and 124 Tahiti Street protrudes 27', respectfully. There are no docks west of 108 Tahiti Street. For all petitions, in the case of signs located on properties 1 acres or more in size,the applicant shall be responsible for erecting the required sign(s). what is the size of the property? 60' x110' 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 so, please provide copies. The following criteria, (pursuant to Section 5.03.06 of the Land Development Code)shall be used as a guide by staff in determining its recommendation to the Collier County Planning Commission (CCPC), and by the CCPC in its decision to approve or deny a particular Dock Extension request. In order for the CCPC 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. Please provide a narrative response to the listed criteria and/or questions. Attach additional pages if necessary. 410 DeVeney Dock Extension. Page 4 of 10 PETITION#BDE-PL20130001397 PRIMARY CRITERIA 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)) The surrounding upland properties are single family.The proposed dock will facilitate the mooring of one vessel. The boat dock facility will be comprised o f a 30' long finger dock leading to an 8' x 20'terminal platform that will service the 30' boat. Revised on August 20th, 2014... Eventually! We will be trading in the 25'to buy the 30'boat. 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)) Bathymetric survey shows that the water depth is too shallow within the permitted 20' protrusion limit.To reach deeper water, a 50' protrusion is needed. 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)) The proposed dock facilitates the mooring of one vessel and we are requesting a 30'extension from the allowed 20'.This dock extension will not have an adverse affect on navigation,since it is at the back of Snook Bay and will not protrude into a marked or charted navigable 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)). The proposed docking facility will protrude 50' into Snook Bay. The waterway width is 210' perpendicular to the seawall to the nearest bank. The length of proposed dock is within the 25% requirement and is within the riparian lines. 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)) The proposed docking facility was coordinated with adjacent owners and both parties accepted the design. Letters of concurrence are enclosed in this application under"Environmental Exhibits". DeVeney Dock Extension. Page 5 of 10 PETITION#BDE-PL20130001397 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 sea grass beds)) Coastal Engineering has provided an aerial photograph of the area surrounding the proposed dock. See (1962 DREDGED AREA) under"Environmental Exhibit". The photograph shows that the area has been previously dredged and filled back in to create the land bridge. This area continues to fill with silt due to restriction of the natural water flow making__boat access to the existing dock extremely difficult, As the shoreline builds with silt and the mangroves expand over time, the area becomes more difficult for a boat to reach the existing dock. To remain within the riparian rights and to have boat access to deeper water,the dock must be lengthened. 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)) The proposed dock, was designed to meet the requirements of the D.E.P. and Collier County, and to meet the needs of the owners future needs...setting on the dock with family, friends, grandkids and enjoying mx retirement. The proposed has a terminal platform of 160 sq. ft. and a walkway of 120 sq. ft. The proposed dock will be constructed in an "L" shape, allowing for safe loading, unloading, and servicing of the 30'vessel. Revised on August 20th, 2014... A 25'boat will be moored until we buy the 30'boat. 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)) As it stands right now,we are eventually planning to dock a boat of 30' boat at the dock. Revised on August 20th, 2014. The accessory vessels will be a kayak and possibly, in the future, a waverunner. 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.)) The proposed dock would not block any neighbors' views; it is at the end of the bay.The neighbor to the east side is multi-story and they would be looking down at dock.The lot to the west has no existing house and mangroves block the bay views. Both neighbors have signed a letter of concurrence and they have agreed to the proposed dock design. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. ((If sea grass beds are present, compliance with subsection 5.03.06.1 of this code must be demonstrated)) As per the D.E.P. report, no S.A.V. present. See(TRIP REPORT/SEA GRASS) UNDER "Environmental Exhibits". S DeVeney Dods Extension. Page 6 of 10 6. Whether or not 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.ii must be demonstrated)) N/A: The subject property is a single-family zoned lot and per the Manatee Protection Plan is allowed a dock and two associated boat lifts. I DeVeney Dock Extension. Page 7 of 10 PETITION#BDE-P120130001397 I HEREBY ATTEST THAT THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT, IN ADDITION TO APPROVAL OF THIS DOCK EXTENSION, A BUILDING PERMIT IS REQUIRED PRIOR TO COMMENCEMENT OF CONSTRUCTION. I UNDERSTAND THAT IF THIS DOCK EXTENSION PETITION IS APPROVED BY THE COLLIER COUNTY PLANNING COMMISSION,AN AFFECTED PROPERTY OWNER MAY FILE AN APPEAL WITHIN 14 DAYS OF THE HEARING. IF I PROCEED WITH CONSTRUCTION DURING THIS TIME, I DO SO AT MY OWN RISK. Signature of Petitioner or Agent S DeVeney Dock Extension. Page 8 of 10 PETITION#BDE-PL20130001397 BOAT DOCK FACILITY EXTENSION (BD) APPLICATION SUBMITTAL CHECKLIST • THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. #OF SUBMITTED NOT REQUIREMENTS COPIES REQUIRED Com•feted Application 6 ❑ ❑ Owner/A•ent Affidavits, signed & notarized 1 ❑ ❑ Addressin• Checklist 1 ❑ ❑ Conceptual Site Plan illustrating the following: 6 a.The lot and dimensions where proposed docking facility is to be located. b.All yard setbacks c. Required setbacks for the dock facility d.The total number and configuration of the proposed facilities, etc. (include all dimensions to scale). e. The water depth where the proposed dock facility is to be located and the distance to the navigate channel. (Water depth at mean low tide should be shown at approximately every five(5)feet of length for the total length of the proposed facility. f. Illustrate the land contour of the property on which the dock • facility is proposed. g. The dock facility should be illustrated from an aerial view, as well as side view. Electronic copy of documents and plans on CDROM 2 ❑ ❑ Application and Review fees: $1500 Review Fee; $925 Legal Advertising Fee(estimated). Check payable to Board of County Commissioners ADDITIONAL REQUIREMENTS: At the completion of the review process, the applicant shall submit 16 additional copies of the application and 16 additional copies of the Conceptual Site Plan for the CCPC agenda packets. DeVeney Dock Extension. Page 9 of 10 PETITION*BDE-PL20130001397 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. • AFFIDAVIT We/l, t' ' t-, being first duly sworn, depose and say that well amlare 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. Well 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 Well further authorize to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property Owner Typed or Prited Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of ,F_ , 20 who is personally known to me or has produced as identification. • Signat - • a. - •1i - State of Florida) os Notary Public State of Florida State of Florida .' ' Debra M stainton County of Collier My Commission EE047364 . (Prim, . . - Name of Notary Public) IPDeVeney Dock Extension. Page 9 of 9 PETITION#$DE-P120130001397 RESIDENTIAL 80AT DOCK EXTENSION (BDE) PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Pt# 2D1 . t39--1 Date: .17.1 3 Time: ID*.30 Conference Room: r s Project Name: .; z' -f't r ,."-:"-L 1 l.•.r):..(,. " Site Address , I- I i 4Tj11- 1 Applicant ~ .��i r3�..-.�."'"''`; *-c�-_'.ys• Phone: Fax: Assigned Planner tv`iti-"' - NCl_ Meeting Attendees: (Attach Sign-in Sheet) Submittal Checklist is attached to Boat Dock Extension Application Notes: j _ t , { .�C pi, 1t.i i l.0 -`/ .�,f _.- i am.-. ..,/- r • I 4.02.00 SITE DESIGN STANDARDS Page 28 of 87 Exceptions from public hearing requirements.The County Manager or designee may administratively approve a site alteration plan or site development plan for land designated ST or ACSC-ST without the public hearing otherwise required by this section if: ID The area of the proposed alteration or development is five i5)acres or less in gross area, there are no transfer of development rights involved, and the following conditions,where applicable,exist The proposed site alteration or site development will occur on land that was lawfully cleared and no more than ten percent of the cleared lands have re- grown with native vegetation. Where the proposed alteration or development involves a single-family principal structure or the renovation or replacement of a single-family structure and the proposed site alteration or site development plan will not require any significant modification of topography, drainage, flora, or fauna on the site. "Significant modification"shall mean modification greater than 15 percent of the site. No pollutants will be discharged from the area that will further degrade the air, water or soil. Water management berms and structures proposed for the protection andlor enhancement of the ST areas will meet the minimum dimensions permitted by the South Florida Water Management District Temporary site alteration for oil and gas geophysical surveys and testing. "Temporary site"alteration shall mean only those alterations involving and cutting of vegetation for surveys and equipment entry.drill shot holes not exceeding six inches in diameter and rutting associated with vehicle access. Trimm ng of vegetation for access routes shall he kept to the minimum width necessary for surveying and testing.The site shall be 110* restored as required by federal, state and county permits within 90 days of the start of the project A conditional use has been approved. Site alteration or site development around ex sting communication towers to expand or construct accessory structures associated with an already existing tower, not to exceed five acres All other site alteration or site development plan approvals of any size shall be as required to comply with the provisions in 4.02.14 D,E and F, as applicable Exemptions. The following activities shall be exempt from the requirements of 4 02 14 E and i= Removal and control of exotic vegetation as defined in Chapter 3 of this Code. Prescribed fires and associated firebreaks as approved by the Florida Department of Forestry. Removal of non-native vegetation pursuant to Chapter 3 of this Code 06-07. §3 G C,d No. 12-38,§3 1i 4.02.15 Design Standards for Development in the SBCO District A The standards described in this section shall apply to all uses in this overlay district. Where specific development criteria and standards also exist in the Golden Gate Area Master Plan, or the Future Land Use Element of the GMP,they shall supersede 411 any less stringent requirement or place additional requirements on development 2. httn iihrary t ini,'c l,"rnm'NTT{T i t:QQ"le v,ll!('T44STTlFf'3F.ST 4 0?.O11SIDFST himl - - ■••••■•■•=111■11=1111■■•■ ..elc • ... - "I • 2.1 -i; :". - ... I . , - _ '- - ' ,--- 71)1 .1.1 f.P. o i > t c I ,, -,-,., ›, i. -,,, , -- - ... 1," 1 ,. t: =; --- .-c ,-: -c '...1 : .;,' ; :7, ., _ _ 0 ›.! ,:i 0 ol > ,-- 1, -.71 , 1 c') ,....;.1 . _ _•-_.,• L : i ,....Z..... r-..4, c • .2 - U, ,- /. 1 - ,„ ,-. .._ • = - -: _' ...: 3 :I) ..._-.1 s-f..,,,..i I- •-z.e ei— "-) ct e ., 1 co - 0,1:. 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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) 0 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(Vanance) • PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) • ❑ PUD Rezone 0 VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) FOLIO(Property ID)NUMBER(s)of above(attach to. or associate with,legal description if more than one) fr'a..',+...•�. •�, -"y ;+lr y t SLk ,'> STREET ADDRESS or ADDRESSES(as applicable. if already assigned) • 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) SDP ,_ or AR or PL# • Collier Count v 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 of application, indicate whether proposed or existing) Please Check One, 0 Checklist is to be Faxed back 0 Personally Picked Up APPLICANT NAME: PHONE 'h',/ rrrfC)- D39 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 FIN Number(Primary) Folio Number Folio Number Folio Number __ Date: Approved by: t : =.._ --- -- - Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED • BOAT DOCK PLANS • • 4 r 12 ° 0 d 00 I > riz V 0 ry N X :' 8 r m z it 7.] > Sgt X1'2, s z Zo 0 z- ° cc ..g.,../ D: C Cr Q 0 tl*WIt jf z a 08 ^` z W °"t3 a tri W ..'1,'i 0'g1 z ° p I 0 N e oii 0m w tu a a. 2 C W W• _. .. , lay-n 0. i[ Y 0 _ t { Q o • , , • 5 0d z m (4i.z Lw o o W V On W W m 7 W 1 . I ri--1 ;, 0 i 0 o 0 0 la 78,. z , . o a � >ii W m Ds co • 11 Q o i Ln E a W ZoE o a p X a o CD i— Zo Lill W /CC I 1 ; NaY 0 Oe � am W 0 .Z1' . • , L :: ;\.• ••• 0 >- J Q CC o Z k >- Q W O VI� z z r -, to M CC X H W 0 a CC dl r Q\ CC a a v a. > 'N ON iL 0 ' vi r d _ - O `A O O O O . "' a Z Q.ot 7_ 0 U ° tzv rn 0U c U i 0 5 p,-\\----\NI FROM EDGE OF SEAWALL TO THE NEAREST BA K..210' Q U W ti o O 0„9 SITE ADDRESS: i Z ; 0 108TAHITI STREET SNOOK BAY ISLE OF CAPRI,FL.34113 f Q CC J LD o Z Branch touching water ! \ Q O e 0 LL O tft O 1 �[ 14' __ CC O e O ¢Lu �o 0 CO 0 0 is—r------4 0 �I O r_ Ta� �ia o X oTrT I , ZO 'I All 1.1 Dead vines 0 Os a C O if v i I �r 1 t i ,Hiv ) / v !, Branch touching water W ` 'o I CC ° O ‘g.:)) O z Oo \ ,, 1 0 w — Al - • Z C of W J Z Z o Q -� O o ` -= z cc o c ¢ 0 cc.Y 43:7C;'a_ oc ac Y ! a Sea Wall C Sea Wall Sea Wall 16'---0-1 14 21' \-( 21' '-. 4' (< 35' -4 60' ---'� PROPERTY BOUNDARY PROPERTY BOUNDARY 0 Charles DeVeney DEVENEY DOCK DRAWN BY:DEVENEY 3206 N.W.89th Way SPECIFIC MEASUREMENTS CREATED 0}15-2014 Revised August 20th,2014 Coral Springs,Fl.33065 PE10N#BDE-P20130001397 Cel l 954-990-9139 SECTION-32 TOWNSHIP-51 RANGE-26 • ° ENVIRONMENTAL EXHIBITS • VJ N . * Ow --i".?:," .,,,,, ' 't Z <, cc 0 `,. . , , . n ■L■■ L. 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I.rt; 19.7 i o lID A. gli 44 N %N 111 . g? 6) N ; \PIC' 182 11. O V' :. \9944 A A 'l °' \ g 07 1 8.0' . 25.9 1 F :'� fl �, PIE�' Tp Property line i Property line ret w rp RED DAM ! snow 1 \ !DOCK 1 0 • G J 7 33'2" I4 ?4 O o m x °fl C - o 0 O W a °o C f �' CU ° •- C in .o Q L C ¢ CO o C1 108Tahiti Street a CC ;, �L Naples,Florida,34113 -'� 1 OC 0 0 Snook Bay 0 o E 1 0 -0 t0 u O n o, Z O 0 0 411,----- 0 Charles DeVeney p EV E N EY DOCK CREATED: 03-15-2014 3206 N.W. 89th Way ISLES OF CAPRI Coral Springs, FI. 33065 Revised August zocn,2ola PETITION*BDE-PL20130001397 Cell 954-990-91 39 SECTION-32 TOWNSHIP-51 RANGE-26 . , s it C P. Si o N r. `� 4 , D ry o w ►t t '-f i.. S Z a' 111, ocu 2 air Ln Z a. MI)milajht LO- f- N A v , •.i D m V o _o .GNV1 1A8V3N 3H101.1 VW 3S WO H O lZ o H(N 3Nil NN!lbd! A rN ! 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'... ,. :". -i - *..ir • , .. ,. ,..- -i.. . • ' 7 " •"*.r * i ----,,_, - 1. --■:-..„, - g ,N, „.=..,,4.-._...,.%,,,si,i..si,,.i..i-1.-i,.v..s,q_(I r.;.......,.,.,..• ' '(14•••-,-..4-/./--c i,,.r, 4 tioi‘.4 ,. ic ySci livs4.,„E,d l.1&. 4, . 70 ihrbi ' , , i .-.„....-........ ,..4.,.., ■ ,.._____........ - . .- 1 a f i i 5 :I Pilleli !!! ,..ei 1p.ifil ;.1 ,.. ! ---16- A'---- • "7 ' i :t 111 u 1 :sVi'1.11Ni IsE-1 E - f,4g1 1111 1 • Mr. and Mrs. Charles DeVeney 108 Tahiti Street Isles of Capri, Naples Florida Map No. 6B32 Section 32 Township 51 Range 26 Snook Bay This is a letter of concurrence from Mr. and Mrs. Logghe, at 30 Capri Blvd. Naples, Florida. 34113 We have no objection to Mr. and Mrs. Charles DeVeney, located at 108 Tahiti Street, tearing down their existing dock,dredging and • re-building a new dock . Sincerely yours, Mr. Logghe Date: 11110 ______________ • STATE PERMITS • RICK SCOTT FLORIDA DEPARTMENT OF c()\i:RNOR cS� ENVIRONMENTAL PROTECTION IiERS('HEI '1' VINYARI)JR South District Office SEC RE I-kin • g FLOR! A P.O.Box 2549 Fort Myers,FL 33902-2549 VIA ELECTRONIC MAIL April 25,2013 Mr.and Mrs.Charles Deveney 108 Tahiti Street Naples,FL 34113 deveney@att.net REVISED LE TER Re: Collier County-ERP File No. 11-0317757-001 (maintenance dredge) 11-0317757-002(Dock) Dear Mr.and Mrs.Deveney: Thank you for your application to: 1) remove the existing dock and install a new single family dock with a 4'x 20' access walkway and a 20'x 8' terminal platform; 2) maintenance dredge a 30'x 7 and a 30'x 13'area to-5 MLW for the placement of two vessels. • The project is located at 108 Tahiti Street,Naples in Snook Bay,Class II,Outstanding Florida Waters and Rookery Bay Aquatic Preserve,Section 32,Township 51 South, Range 26 East,Collier County. This type of activity may require authorization for construction and operation of the project(regulatory authorization),unless otherwise exempt by statute or rule,authorization to use state-owned submerged lands (proprietary authorization),and federal authorization for works in waters of the United States through the State Programmatic General Permit(SPGP)program(SPGP IV-R1). Your request has been reviewed for all three authorizations. The authorizations you have been granted are listed below. Please read each section carefully. Your project MAY NOT have qualified for all three authorizations. If your project did not qualify for one or more of the authorizations,then that specific section will advise you how to obtain it. You may NOT commence your project without all three authorizations. If you change the project from what you submitted,the authorizations(s)granted may no longer be valid at the time of commencement of the project. Please contact the Department prior to beginning your project if you wish to make any changes. S Mr.and Mrs.Charles Deveney File No.11-0317757-001 11-0317757-002 Page 2 of 6 REGULATORY REVIEW-VERIFIED(dock and maintenance dredge) Based on the information you sent to us,we have determined that your project is exempt from the need for an Environmental Resource Permit(ERP). You must comply with the criteria and limiting conditions in accordance with Rule 40E-4.051(2)(a) and 40E-4.051(3)(b),Florida Administrative Code(F.A.C.). This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification will expire after one year,and will not be valid at any other time if site conditions materially change,the project design is modified,or the statutes or rules governing the exempt activity are amended. However,the activity may still be conducted without further notification to or verification from the Department after the one-year expiration of this verification,provided: 1)the project design does not change; 2)site conditions do not materially change;and 3)there are no changes to the statutes or rules governing the exempt activity. In the event you need to re-verify the exempt status for the activity after the one-year expiration of this verification,a new application and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review,as changes may result in a permit being required. PROPRIETARY REVIEW-GRANTED(dock and maintenance dredge) • Your project occurs on state-owned,submerged land and will require authorization from the Department to use these lands. The Department has reviewed your project as described above and on the documents and/or drawings attached to your application, and as long as the work performed is located within the boundaries as described and is consistent with the terms and conditions therein,we find your project qualifies for consent to use state-owned submerged lands. As such,consider this letter to also constitute authorization to perform the activity. This consent is conditioned upon acceptance of and compliance with the attached General Consent Conditions Consider this the authority sought under Section 253.77,Florida Statutes(F.S.),and Chapters 18-21 and 18-20,Florida Administrative Code(F.A.C.),to pursue this project. SPGP(FEDERAL)REVIEW-APPROVED WITH MANATEE CONDITIONS AND SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDmONS(dock and maintenance dredge) Your project has been reviewed for compliance with State Programmatic General Permit(SPGP IV-R1)effective July 25,2011. Your proposed activity as outlined on the drawings submitted with your application is in compliance with SPGP IV-R1. U.S. Mr.and Mrs.Charles Deveney File No.11-0317757-001 11-0317757-002 Page 3 of 6 Army Corps of Engineer(Corps)Specific conditions apply to your project(attached). No further permitting for this activity is required by the Corps. The authority granted under SPGP IV-R1 expires five years from the date of issuance. Your project must be completed prior to this expiration date. This authorization is conditioned upon acceptance of and compliance with the attached General Conditions for Department of the Army General Permits(SPGP IV-R1)and/or Manatee Construction Conditions and Sea Turtle and Smalltooth Sawfish Construction Conditions. In the event of the transfer of ownership of the property by sale or by any other means, when the structures or work authorized by this permit are still in existence at the time the property is transferred,the terms and conditions of this permit will continue to be binding on the new owner(s)of the property. Although the construction period for works authorized b Co •s •-units is finite the •ermit itself with its limitation does not expire. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions,the attached transfer of permit request must be completed and submitted to the Department at the time of transfer of ownership. Authority for review-an agreement with the U.S.Army Corps of Engineers entitled "Coordination Agreement between the U.S.Army Corps of Engineers(Jacksonville District)and the Florida Department of Environmental Protection State Programmatic General Permit,Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act." This notice constitutes final agency action and is subject to the provisions of Chapter 120,F.S.,which does not apply to the SPGP IV-R1 review. NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS This letter acknowledges that the proposed activity is exempt from environmental resource permitting requirements under Rule 40E-4.051(2)(a),F.A.C.and 40E-4.051(3)(b) and qualifies for authorization to use sovereign submerged lands pursuant to Chapters 253 and 258,FS.,and Chapters 18-21 and 18-20,F.A.C.This determination is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57,F.S.,as provided below. If a sufficient petition for an administrative hearing is timely filed,this determination automatically becomes only proposed agency action subject to the result of the administrative review process.Therefore,on the filing of a timely and sufficient petition,this action will not be final and effective until further order of the Department. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding(hearing)under Sections 120.569 and 120.57, F.S. In accordance with Rule 62-110.106(3),F.A.C.,petitions for an administrative • Mr.and Mrs.Charles Deveney File No.11-0317757-001 11-0317757-002 Page4of6 • hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions,filed by any persons other than the applicant and other than those entitled to written notice under Section 120.60(3),F.S.,must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice,whichever occurs first. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a)The name and address of each agency affected and each agency's file or identification number,if known; (b)The name,address,and telephone number of the petitioner;the name,address,and telephone number of the petitioner's representative,if any,which shall be the address for service purposes during the course of the proceeding;and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c)A statement of when and how the petitioner received notice of the agency decision; (d)A statement of all disputed issues of material fact.If there are none,the petition must so indicate; (e)A concise statement of the ultimate facts alleged,including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; • (f)A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action,including an explanation of how the alleged facts relate to the specific rules or statutes;and (g)A statement of the relief sought by the petitioner,stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above,as required by Rule 28-106.301,F.A.C. The petition must contain the information set forth above and must be filed(received by the clerk)in the Office of General Counsel,3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000. The petitioner shall mail a copy of the petition to the applicant at the applicant's address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing or pursue mediation as provided below within the appropriate time period shall constitute a waiver of those rights. Under Sections 120.569(2)(c)and(d),F.S.,a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. Mr.and Mrs.Charles Deveney File No.11-0317757-001 11-0317757-002 • Page 5 of 6 Under Rule 62-110.106(4),F.A.C.,a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may,for good cause shown,grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel,3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000,before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late,the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect. If a timely and sufficient petition for an administrative hearing is filed,other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding.Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205,F.A.C. Because an administrative hearing may result in the reversal or substantial modification of this action,the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing or • request for an extension of time have expired and until the exemption(s)has(have)been executed and delivered. This letter acknowledging that the proposed activity is exempt from environmental resource permitting requirements under Rule 40E4.051(2)(a),F.A.C.and 40E-4.051(3)(b) qualifies for authorization to use sovereign submerged lands pursuant to Chapters 253 and 258,FS.,and Chapters 18-21 and 18-20,F.A.C.,constitutes an order of the Department. Subject to the provisions of Section 120.68(7)(a),F.S.,which may require a remand for an administrative hearing,the applicant has the right to seek judicial review of the order under Section 120.68,F.S.,by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel,3900 Commonwealth Boulevard,Mail Station 35, Tallahassee,Florida 32399-3000;and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order is filed with the Clerk of the Department. The applicant,or any party within the meaning of Section 373.114(1)(a)or 373.4275,F.S.,may also seek appellate review of the order before the Land and Water Adjudicatory Commission under Section 373.114(1)or 373.4275,F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department. Mr.and Mrs.Charles Deveney File No.11-0317757-001 11-0317757-002 Page 6 of 6 • Mediation is not available. Complete copies of all documents relating to this determination of exemption are available for public inspection during normal business hours,8:00 a.m.to 5:00 p.m., Monday through Friday,at Florida Department of Environmental Protection,South District Office,2295 Victoria Avenue,Fort Myers,FL 33901. Thank you for applying to the Submerged Lands and Environmental Resource Program. If you have any questions,please contact Patricia Clune by telephone at(239) 344-5637 or by e-mail at Patricia.Clune@dep.state.fl.us. When referring to this project, please reference the file number listed above. Sincerely, atricia Clune Environmental Specialist Submerged Lands and Environmental Resource Program PC/mv • Enclosures: 4 drawing(s) 6 Voided drawings State Lands General Consent conditions General Conditions for Department of the Army General Permits(SPGP IV-R1)Standard Manatee Construction Conditions Sea Turtle and Smalltooth Sawfish Construction Conditions cc: Office of Coastal and Aquatic Managed Areas,Rookery Bay Aquatic Preserve (electronically) CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document,including all copies, was mailed before the close of business on June 20,2013,to the above listed person(s). FILING AND ACKNOWLEDGMENT FILED,on this date,pursuant to Section 120.52(7),FS.,with the designated Department clerk,receipt of which is hereby acknowledged. June 20,2013 ' Clerk Date • GENERAL CONDITIONS FOR DEPARTMENT OF THE ARMY GENERAL PERMITS (SPGP IV-R1) • General Conditions: 1) The time limit for completing the work authorized ends five years from the date of issuance. 2) You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity,although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer,you must obtain a modification of this permit from this office,which may require restoration of the area. 3) If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit,you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4) If you sell the property associated with this permit,you must obtain the signature and mailing address of the new owner in the space provided below and forward a copy of the permit to this office to validate the transfer of this authorization. 5) If a conditioned water quality certification has been issued for your project,you must • comply with the conditions specified in the certification as special conditions to this permit. 6) You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Further information: 1) Limits of this authorization: a) This permit does not obviate the need to obtain other Federal,State or local authorizations required by law. b) This permit does not grant any property rights or exclusive privileges. c) This permit does not authorize any injury to the property or rights of others. d) This permit does not authorize interference with any existing or proposed Federal projects. 2) Limits of Federal Liability. In issuing this permit,the Federal Government does not assume any liability for the following: a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c) Damages to persons,property,or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. 4110 GENERAL CONDITIONS FOR DEPARTMENT OF THE ARMY GENERAL PERMITS (SPGP TV-R1) d) Design or construction deficiencies associated with the permitted work. • e) Damage claims associated with any future modification,suspension,or revocation of this permit. 3) Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 4) Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include,but are not limited to,the following: a) You fail to comply with the terms and conditions of this permit. b) The information provided by you in support of your permit application proves to have been false,incomplete,or inaccurate(see 3 above). c) Significant new information surfaces which this office did not consider in reaching the original public interest decision. 5) Such a reevaluation may result in a determination that it is appropriate to use the suspension,modification,and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office,and if you fail to comply with such directive,this office may in certain situations(such as those specified in 33 CFR 209.170)accomplish the corrective measures by contract or otherwise and bill you for the • cost. 6) When the structures or work authorized by this permit are still in existence at the time the property is transferred,the terms and conditions of this permit will continue to be binding on the new owner(s)of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below and mail to Department of Environmental Protection,South District Office,P.O.Box 2549,Fort Myers,FL 33902-2549. TRANSFEREE-Signature Date NAME-Printed ADDRESS • DEPARTMENT OF ENVIRONMENTAL PROTECTION SUBMERGED LANDS AND ENVIRONMENTAL RESOURCES PROGRAM • GENERAL CONSENT CONDITIONS FOR AUTHORIZATIONS Project No:11-0317757-001 11-0317757-002 Rule 18-21.004(7),Florida Administrative Code(F.A.C.),provides that all authorizations granted by rule or in writing under Rule 18-21.005,F.A.C.,except those for aquaculture activities and geophysical testing,shall be subject to the general conditions as set forth in paragraphs(a)through(i)below. The general conditions shall be part of all authorizations under this chapter,shall be binding upon the grantee,and shall be enforceable under Chapter 253 or Chapter 258,Part II,Florida Statutes,(FS.). (a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board. (b) Authorizations convey no title to sovereignty submerged land or water column,nor do they constitute recognition or acknowledgment of any other person's title to such land or water. (c) Authorizations may be modified,suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46,F.S.,or Chapter 18-14,F.A.C. • (d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources. (e) Construction,use,or operation of the structure or activity shall not adversely affect any species which is endangered,threatened or of special concern,as listed in Rules 68A-27.003, 68A-27.004,and 68A-27.005,F.A.C. (f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court's decision. (g) Structures or activities shall not create a navigational hazard. (h) Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005,F.A.C.,within one year,of a structure damaged in a discrete event such as a storm,flood,accident,or fire. (i) Structures or activities shall be constructed,operated,and maintained solely for water dependent purposes,or for non-water dependent activities authorized under Rule 18-21.004(1)(g),F.A.C.,or any other applicable law. • STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees • from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones,and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming,harassing,or killing manatees which are protected under the Marine Mammal Protection Act,the Endangered Species Act,and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at"Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled,shall be properly secured,and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations,including vessels,must be shutdown if a manatee(s)comes within 50 feet of the operation. Activities will not resume until the manatee(s)has moved beyond the 50-foot radius of the project • operation,or until 30 minutes elapses if the manatee(s)has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission(FWC)Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S.Fish and Wildlife Service in Jacksonville(1-904-731-3336)for north Florida or Vero Beach(1-772-562-3909)for south Florida and emailed to FWC at ImperiledSpecies@myFWC.com. f. Temporary signs concerning manatees shall be posted prior to and during all in- water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 81"by 11"explaining the requirements for"Idle Speed/No Wake" and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at http://myfwc.com/WILDLIFEHABITATS/manatee sign vendors.htm. Questions concerning these signs can be forwarded to the email address listed above. II • SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming,harassing,or killing sea turtles or smalltooth sawfish,which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled,be properly secured,and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division,St.Petersburg,Florida. d. All vessels associated with the construction project shall operate at"no wake/idle"speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot dearance from the bottom. All vessels will preferentially follow deep-water routes(e.g.,marked channels)whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement,all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or small tooth sawfish is seen within a fifty-foot radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division(727-824-5312)and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions,required of your specific project,outside these general conditions,if applicable,will be addressed in the primary consultation. • E per.... m _. i - -. FL •v c e Snook Bay VOID cn i z . T.......-.._ ..�---.........._ ' ..- • i '( i t ■( _ _ ?' 13' • / I �i I I p a, / I I I a C t I I I i E 1 I 12'6" 1 0 • I i r, .1 I I i'• a. i 8 i t CU 1 oI IQ ' . r • .� 4 i m ► C i ,' E 1 I Q . r , 1 I co 1111 1 `I ,. t I I I o c , 0 I I 4 u t rn I 1 0 11.1 -- V r o cp 1 1 O X 'I r 1 .■ ,/ 220 sg.ft. I 0 C? 1 22, I 4' 1 34 1 60 ft I Key --- -- -- -- Turbidity barrier ?o3 • Dredge borders -c 0„9 dock shade...268.8 sg.ft. Nevilitbl c shade...220 sg.ft. A _ F EXEMPT ...... \________,N ca 7 —_ 13' Snook Bay 1 1 i i 1 1 ! 1 I I 1 1 13 ,_ 1 VOID ,,, , i • 1 I t L9'1-- b Al 14f. 1 { I I 1 I c .6 I { I 1 1 1 0 . .. in I CY 1 M 0 441. L _ _ _I L 1 L o(,) ;:t. c,_____„. T ".., %., Ill B A r,, I \._ , I _ ^5 1-0 - - i ; • 8 _ F' L _ � '- --s ' nr� on■I■ 117337 Page I ol 2 f 10905 1089EC EXACTA FL • bound;),-, - PROPERTY ADDRESS • los TAHtti STREET NAPLES f tORIDA 34111 LEGAL DESCRIPTION. Lot 272, ISLE OF CAPRI NO 2 according to the plot thereof us recanted hi Plot look 3.Pogo 46 of the Pfkfic Records of COWER County.FLORIDA, Commonly Number:120067 Parfet 0601 SufRis:G Index Dots; FILM,Dote: It/17/05 CERTIFIED TO: Rood Zonft AE MR t MRS CHARLES DEVENEY:SELF PAY; Reid Wade:6/23/2009Complefed. 5/26/2009 WELLSfARGO: \IP ! 1 F 1 AO'089EL BOUNDARY SURVEY • ;AUER COtt•IT• • VOID I • .• • • k• • • • • / • ),. + irler AirAst 3.411404014.0411-,.16..ftw P4344 I twos/ 4pinproaayt he., asa• rot"+noel*V',Ire- Sa.01(0. Avos 44144,04r414 47446'aft,Ito Jp, ***,1,0*....4 wood 444,3144111a, ;tedv gtaArs And,"P**0110%.? 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N I II 1 I X IG I er 4 ° \ I bp I I 4 0 I I T I O 1 0 - t �, r, ,I G 1 I + 0 0 0 S L — — -1 L 1 + 4 �' 0 Ti 1 \ b O XQ it 220 sg.ft. ° � 1 just want to extend five / o 0 w a lo more feet on the walkway. ` p L w.... 22' ( 4' I 34' I 60 ft I Key ---- -- Turbidity barrier Old dock shade...268.8 sg.ft. — _ — — — Dredge borders New dock shade...220 sg.ft. °o 0 Base roots of mangroves U17337 Page 1 ot 2 FUNDS.I089EC E)CACTAf-L BoLociary Survey SURVEY#F1.0905.I 089,EC PROPERTY ADDRESS: • IffelAttiff Uteri al NAPLES.FLORIDA 34113 ..- LEGAL DESCRIPTION: tot 272, ISLE Of CAPRI NO 2 according to the plot thereof,as recorded in Not took 3.Page 46 of the Public Records of COLLIER County,FLORIDA. Community Number 120067 Panel..0801 Suffix:G ' Index Dote: F.I.R.M.Dale: 11/12/0S CERTWIED TO: Rood Zone At MR 1,MRS CHARLES DEVENEY:SELF PAY;; Reid Work:5/23/2009ComPlotttff: S/26/200, WELLSFARGO: \ 1 For Surveyors Notes ond Legend,see poge 2 -- , /"..- FL OM 1089€C BOUNDARY SURVE% Cat TR IOLICv ........7 .se ;,....... ..)..if ", • ;1. . * , , ....-.... . • '..1.,,... .. .. ,•?'.'■' , 4. . r ..? - .4' r" a A..., '...' 0 It.. N I/ .„!! q.• :. ' , . 44 „.4.•,,,, • .. ,.., :. ,.• . - . •••'. , . 'A.,: 7.• • • .. - . •.,i,:•, v, -, , ..,....S. .... - ... .".. ....,.''.....: %Mei Xi*0/M AlteieSt3N.A•411/114.000,ancrow .' otos*.#Ptil SO asn■cf vonirv.4.04',v.,taw..••••"ow eh,inerAnr,s•I no%mat"at...........-.^.....o. al441441%sar las,..„.. .lo44144t14**K.48 lanno.... ...7..," 44.444 004.01..41i•N•••10/0$0•detit#0,',MACY I....Xr'..Mr \ 41.111•1 - . ,rear SUM"Y'41,:***' ,Ori;•7 Aox3o.n......-s. i 1 :LtrJ.A.th„Pvt.,«•"*. a.4 4,44044#40..44•94.4• 4re. • Do Cesese:5026r2009 ,, • • • , AL.L''' ''.." 4c .... 0 ,,_ r‘ti....' ...., .1.0F, pr .., .4, ,.. .. ._ , .... , ...1. r •... 1111‘' iiiiibk ._... • ,, • •, .1. .I.. ' .. ..,.. •y ... , r 4 ..' . it It 7 - / /^"... .... ?iriSt t. • / ' . 1 • a • . . ... •`•.. . ., .. :•••.* ., v-.• ... ..., . r. • • • ./ ..) . ., . . .••.. • ..... .*.....-...... . ...„.T. „,. ...;•.' . . ... ... -., .... ,.. • .„, • .1 T • , ' ..... " AI. _ 4, wk. ..4,1,::::***-'1• '03-4,'11.1%„,.' , .,..,7,.... * 0,*• • i. , .11‘.4...., . : t4,.... •. . . tv- t - • . 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A. i , ...,:. , . . . . -.4- i• ... : • i' ••• "gra it, ... 1 t. , a . ›IF- - 4.a :let:1/4f - ., -A- me- .A40 -.--.... , .,.. l r a.... k`i,, ., Ir• ,• 104/ itra\NA, we - EXEMPT ..... 1 — • DEPARTMENT OF ENVIRONMENTAL PROTECTION • ENVIRONMENTAL RESOURCE PERMIT APPLICATION BIOLOGICAL APPRAISAL File no: 11-0317757-001 and 11-0317757-002 County: Collier Date: April 19, 2013 Type of Project: Single family dock and dredging Applicant: Charles Deveney LOCATION OF PROJECT: Address: 108 Tahiti Street, Naples Section: 32 Township: 51 South Range: 26 East Water Classification of Project Area: Class II On-site Inspection by: Patricia Clune STATE OWNED LAND: Yes AQUATIC PRESERVE: Yes OUTSTANDING FL WATER: Yes PROJECT/ACTIVITY DESCRIPTION: Remove the existing dock and install a new single family dock with a 4' x 20' access walkway and a 20' x 8' terminal platform and maintenance dredge a 30' x 7' and a 30' x 13' area to -5 MLW for the placement of two vessels. DESCRIPTION OF GENERAL PROJECT/ACTIVITY AREA: The project is located at a single family home on the corner of Tahiti Street and CR952 on the Isle of Capri. The waterway looks to be a canal but it was once a natural waterway that separated the two islands but CR 952 was created to link the islands. A culvert was not installed at the time the road was constructed so the area has silted in. From older aerials it can be seen that the submerged lands were dredged probably to create the road. BIOPHYSICAL CHARACTERISTICS OF THE SPECIFIC PROJECT/ACTIVITY SITE: The shoreline in this area is seawalled, mangroves line the end of the canal along CR952. Bottom substrate was mucky/mucky sand and detritus from the mangrove leaves. No SAV present. Distance from Seawall (ft) Depth (ft) Depth (ft, MLW) 0 1.1 0.58 10 2.7 1.02 20 2.9 1.22 30 2.5 0.82 40 2.2 ' 0.52 45 2.3 0.62 Tidal Range: 2.08 Tide hei•ht at site visit: 0.4' below MHW 411 Page 1 of 9 EXPECTED IMPACT OF PROJECT/ACTIVITY: Impacts should only be short term due to turbidity during construction. Currently, the overall water quality in this dead end canal would be very low. 411 MITIGATION: None • i Page 2 of 3 • FDEP South District Environmental Resource Permitting,Compliance and Enforcement at. ' ' r . t SAN0,44: ,ev' ' f' All s» • . 6. m I. , : ::■ ,... 'Irr'4111', 1 4 . ..4411L. WAll' ' ♦ rt ‘,01, L L.4 fito tk i .. ' 4,.r a imV a k e i t . 7 a * ' ' t a r t a j i ik . .iti-,t.• 14„ - w►.0".i. _ Feet 0 30 60 120 f 1 1 I { 1 1 1 1 Disclaimer. Tit map k lit eaeaor dip lappupoau Mt FDEP makes it ouarraeyWS* a.'cI2o aldcDmptt mu Or Olt a'rmawl 0 Page 3 of 3 • (3) Within North Golden Gale Estates and the Rural Settlement Area,Collier County shah incorporate certain preserved andlor created wetlands and associated uplands into the County's approved watershed management plans,as per Objective 2.1 of this Element The size and location of wetlands incorporated into the watershed management plans will be based upon the approved requirements for such plans. The County may issue single#army building permits within or adjacent to such wetlands. Subject to appropriate mitigation requirements.which preserve the functionality of the wetland within the applicable watershed management plan. For a proposed residence which is to be located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element,the appropriate jurisdictional permit is requied prior to the issuance of a building pew (4) Coder County shah continue to work with federal and state agencies to identify properties that have a high probahiity of wetlands and animal listed species occurrence. The identification process will be based on hydric sods data and other applicable criteria. Once this identification process is complete, the Canty wit determine if the process is sufficiently accurate to require federal and state wetland approvals prior to the issuance of a buidirg permit within these areas. The County shall use information on wetland andIor feted species occurrence to inform property owners of the potential existence of wetlands andior listed species on their property. (5) Within one year alter Watershed Management Plans are accepted by the Board of County Commissioners. Collier County shall develop and implement additional means to protect wetland systems identified in each Plan for preservation Of restoration. Means to consider include innovative landowner incentives, transferable development rights, tax relief, land or easement acquisitiorL stale and federal grants. and enhanced regulations. (I)Play6.2J For the County's Rural Lands StewanIship Area (REM) Overlay, as designated on the FEIN, wetlands shall be preserved pursuant to Ire RLSA Overlay policies found in the Future Land the Element (I)(II)Policy 621[re-numbered to reflect merger oaf Ordnance No. 2002-32 and 2002-541 The County shall provide for adequate staff to implement the potlicies supporting Objective 82. (tI)(IR)OBJECTNE 6.3The County shall protect and conserve submerged marine habitats. (N j(Itl)Policy 6.3.1 The amount of permitted wet sips for marinas shall be no more than 18 boat slips for every 100 feet of shoreine where impacts to sea-grass beds are less than 100 square feet When more than 100 square feet of sea-grass beds are impacted.then no more than 10 boat slips for every 100 feet of shoreline are allowed. MIN)Policy 6.32 Impacts to sea-grass beds shall be minimized by locating boat docks more than 10 feet from existing sea-grass beds. Where this is not possible, boat docks shah be sited to impact the smallest areas of sea-grass beds possible, be no lower than 3.5 feet NGVD, have a terminal platform no greater than 180 square feet,and have the access dock be no wider than 4 feet. (N)(1I)Policy 6.3.3 The protection of sea-grass beds shah be a factor in establishing new. or revisrig existing, speed zones to regulate boa traffic. 4) These are the specifcations that D.E.P.gave me to design my terminal platform. 32 E- MAI LS • • I Subject: Dock change approval From: Chine,Patricia(PautciaCluneOdep state.11.us) To: deveney @att.net: Date: Friday,July 11,2014 9:41 AM Mr.Deveney, The attached revised drawing received on July 10,2014 for a 280 square foot single family dock with a 4'x 30'access walkway and 8'x 20'terminal platform and the proposed maintenance dredging is exempt from permitting under Rule 62.330.051(5)(b)and 62-330.051(7)(a)and still qualifies for a letter of consent to use state owned lands under 18-20 and 18-21. In addition,the project still qualifies for the SPGP and will not require a separate Corps permit Patricia Clune Environmental Specialist U Florida Department of Environmental Protection Submerged Lands and Environmental Resource Permitting South District Office 2295 Victoria Avenue,Ste 364 Fort Myers,FL 33902-2549 Finail:fi1ricia.Clun dep.statc flux Tel.239 344.5639 i I see no conflicts... Barry Williams, CPRE Director Collier County Parks and Recreation 15000 Livingston Road Naples, FL 34109 Office: 239-252-4035 Cell: 239-280-7035 Fax: 239-252-6538 Stay connected with Collier County Parts and Recreation • AGENDA ITEM 4-0 Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING&ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION,PLANNING AND REGULATION HEARING DATE: NOVEMBER 13, 2014 SUBJECT: PETITION SV-PL201400001151,TWO LAKES PLAZA SIGN VARIANCE PROPERTY OWNER/AGENT: Applicant: Two Lakes of Naples, LLC Agent: Chris Lascano 3375 Pine Ridge Rd., Ste. 206 Phoenix Associates of South Florida, Inc. Naples, FL 34109 13180 Livingston Road, #204 Naples, FL 34109 REQUESTED ACTION: The applicant is requesting a variance from LDC 5.06.04.F.1, which limits multiple-occupancy parcels with 150 feet or more of public street frontage to one pole sign, or two pole signs if there is a minimum of a 1,000-foot separation between such signs, to instead allow two pole signs with a minimum of a 570.52-foot separation, for the Two Lakes commercial condominium. GEOGRAPHIC LOCATION: The subject property, the Two Lakes commercial condominium, located within the Two Lakes PUD (Planned Unit Development), Ordinance 00-63, on the east side of U.S. 41, at 15100 Tamiami Trail North in Section 9, Township 48 South, Range 25 East, Collier County, Florida. (Please see the location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The subject property is located within the Two Lakes Plaza PUD. It is a parcel with approximately 1350 linear feet of frontage along Tamiami Trail North. The southern portion of the parcel, occupied by Kane's Furniture, has approximately 300 feet of frontage along Tamiami Trail North. To the north of that, a future development area has approximately 750 feet of frontage, and the northernmost portion of the parcel has a preserve with approximately 300 feet of frontage. SV-PL201400001151,TWO LAKES PLAZA SIGN VARIANCE October 17,2014 Page 1 of 7 a `4 P CI o '.1. I &VA:4 ittfitiaintik . 0 *44 "' ...b, u N'S$ .SS' t IIVI g Lia ya��3 _ am ° O . ,d ��w '° 0 10 40) �� d 0 a0 c Oita air- Fi n r . a ©� * .,:_ Q e1 , ? i < 21 " z u '� � a.2 0• N, ap (i --.s-n) 11Vtu MI MI it d h J t G z 3 a 1 1 ). WO G .. r $a 1 I Y \ .dam N J i771%a ON d 4t ISM-1■ � _ --_ uew. Z ji jai .- �!2 ,tI F :i j i 1 y i I--1-14, 1121 a. ' d 1 ' E —1 .. o p l- ;ir, � ( I Ill L' if PI Z ii i-----_ r 11 0 rt •_ I ' r A • F— an° ilillir 0 1 poi ....i f"r GULP OF MEXICO . . 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A ! •. • ; I ; •• ; I • + + 4 1 • . - • 4 III H 4••••4. --------/ --- _-. - ---- II 1 il", ;12-1H --- -_ . 1 , ., '-'1'.'■ . 1, .'4-4'-•-....„ :;;;;4 ; 11 41 -441r 4 Li,„„,..i. _ „ -z- , I. •—it h ..„.4;, , C' '-•----..- ,-- .0, 2 4.,< X..e'4 , 1 1 • 4 ' 1' II 1' ,."--., ,—,,..). -. , ' I ,U II II I .,, ... ,.. . ,. , .....„...:,, ,,,, 1,1, = 1- , I . , , ,.. , „ , .. .1 ,,.. , A _44 1 1,1 „ ; I A , •-•.,- ----Coma;r7.°5 .=7-7. ,,,..; --' \ 1 it' , , ' I : I ,'"---.=-:;•,•`-"•"'-`ri-, t--, „, ,..... ■ Kane's Furniture currently has an approved sign permit (Permit # PRBD20140100456-01) for a pole sign located along the Tamiami Trail North. Please refer to the note: "Proposed Kanes Furniture Pole Sign" on page 3 of 7. The applicant seeks to provide a second pole sign along Tamiami Trail North for a future tenant in the future development area. Please refer to the note "Proposed Future Development Pole Sign"on page 3 of 7. The Collier County Sign Code requires a 1,000-foot separation between such pole signs. However,the future tenant development area is within 1,000 linear feet of Kane's Furniture. In order to provide a pole sign centered on the future tenant development area, a sign variance is being requested to allow 570.52 feet between pole signs. The specific request is from LDC Section 5.06.04.F.1, which states: "On premises signs. On premises pole signs, ground signs,projecting signs, wall signs, and mansard signs shall be allowed in all nonresidential zoning districts subject to the restrictions below: 1. Pole or ground signs. Single-occupancy or multiple-occupancy parcels, having frontage of 150 feet or more on a public street............. shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed 2 per street frontage. " to allow less than 1,000 feet for a minimum of a 570.52-foot separation between pole signs. le 3 . . ilt. t 6 4 0. t...10 '.4%1:,- J 1 f 'i #I .1 rY'.I .t ', '! w; .. -, -v'► 4r4. .. -. --. . i ,-.1 41R .W # , f6 _" Subject Site ' et 4 ' 's,"' 4 ''', 1 " ' 4 Ii4,-\IL ve r Ns- I �, 1-. AERIAL PHOTO SV-PL201400001151,TWO LAKES PLAZA SIGN VARIANCE October 17,2014 Page 4 of 7 SURROUNDING LAND USE AND ZONING: North: Office building with a zoning designation of Agriculture and vacant land with a zoning designation of Napoli Village CPUD South: Vacant property with a zoning designation of Commercial Intermediate(C-3) East: A preserve and then single-family residences with a zoning designation of Sterling Oaks PUD West: Tamiami Trail North and then an adult congregate living facility with a zoning designation of The Retreat 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 Two Lakes Plaza 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. ANALYSIS OF SIGN VARIANCE CRITERIA UNDER LDC SECTION 5.06.08 B.1: 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. According to County records and information provided by the applicant, 272.93 feet of the frontage along Tamiami Trail North is located within a conservation easement and SFWMD wetland preserve. This has reduced the buildable frontage along Tamiami Trail and reduced the distance between signs that could be centered on the businesses to less than the required 1,000-foot separation. 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 prevented from reasonably locating a sign along the future development area frontage of Tamiami Trail North. 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 subject site has existing wetland preserve and preserve areas that do not result from the actions of the Applicant. SV-PL201400001151,TWO LAKES PLAZA SIGN VARIANCE October 17,2014 Page 5 of 7 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 defmition confers some dimensional relief from the zoning regulations specific to a site. In this request, relief is sought from the distance requirement between signs. However, it should be noted that a request to reduce separation between signs might have been sought through a PUD Amendment. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land,building or structure. The requested reduced separation between the signs is a reasonable use of the land. 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 sign code is to provide minimum control of signs necessary to promote the health, safety and general welfare of the citizens of Collier County, Florida, by: 1. Lessening hazards to pedestrians and vehicular traffic; 2. Preserving property values; 3. Preventing unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight,; 4. Preventing signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county; 5 Assuring good and attractive design that will strengthen the county's appearance and economic base, and; 6. Preserving the right of free speech and expression in the display of signs. In staff's opinion,the request for the reduced sign separation meets the intent of the LDC. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for SV-PL20140001151 revised on October 14,2014. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner render a decision to approve Petition SV- PL20140001151 as requested by the Applicant. SV-PL201400001151,TWO LAKES PLAZA SIGN VARIANCE October 17,2014 Page 6 of 7 PREPARED BY: & Lu/ LA/ U _? 2ct4-' NANCY GtJ )1, I. AICP, PRINCIPAL PLANNER DAM' DEPARTM' T OF PLANNING AND ZONING REVIEWED BY: l0 " 9 ltf RAY' D V. BELLOWS,ZONING MANAGER DATE l)1:PA I MFN C OF PLANNING AND ZONING MICHAEL BOST,AICP,DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING SV-PL201400001151,TWO LAKES PLAZA SIGN VARIANCE October 8,2014 Page 7 of 7 CO T County COLLIER COUNTY GOVERNMENT --JO NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collieraov.net (239)252-2400 FAX:(239)252-6358 SIGN VARIANCE PETITION WC section 5.06.08&Code of Laws section 2-83—2-90 Chapter 31.of the Administrative Code PROJECT NUMBER PROJECT NAME To be by completed P sta.... ff DATE PROCESSED APPLICANT CONTACT INFORMATION I Name of Applicant(s): Two Lakes of Naples, LLC Address: 3375 Pine Ridge Rd, Ste 206 City: Naples State: FL ZIP: 34109 p 239-594'7777 Telephone: Cell: Fax: E-Mail Address: sthovland @icloud.com Name of Agent: Chris Lascano Firm: Phoenix Associates of South Florida, Inc. Address: 13180 Livingston Road,Ste 204 City, Naples State: FL Zip: 34109 • Telephone: 239-596-9111 Ext.203 Cell: Fax: E-Mail Address: clascano @phoenix-associates.com PROPERTY INFORMATION 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.#: 78544980045, 78544980029 Section/Township/Range: 9 /48S/25E Subdivision: Two Lakes a Commercial Condo Unit: 200100 Lot: Block: N-112 of the S-1/2 of Sec 9, T 48S, R 25E, E of US41 Metes&Bounds Description: Address of Sign Location: 15100 Tamiami Trail North Naples, Florida 34110 Current Zoning: Two Lakes PUD Land Use of Subject Parcel: Commercial If a wall sign,length&height of wall upon which the Sign will be secured: 1,318.41'with preserve, 1,045.48'buildable Width of Subject Property(road frontage): 6/4/2014 Page 1 of 3 t co my COWER COUNTY GOVERNMENT —JO NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 40 www.collieraov.net (239)252-2400 FAX:(239)252-6358 NATURE OF PETITION 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. 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. 6/4/2014 Page 2 of 3 • $ gQontY • COLLIER COUNTY GOVERNMENT NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collieraov.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 #OF REQUIRED NOT COPIES REQUIRED Completed Application(download current form from County website) 6 n ❑ Pre-Appilcation meeting notes 1 Affidavit of Authorization signed and notarized 2 ❑ C Survey or Site Plan of Property 6 ® ❑ Location Map depicting major streets in area for reference 1 © ❑ Completed Addressing Checklist 1 Once the first set of review comments are posted,provide the assigned project 1 ❑ ❑ manager the Property Owne*Advisory Lett:er and Certification Electronic Copy of all documents and 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. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: ❑ Pre-Application Meeting:$500.00 ❑ Sign Variance Petition:$2,000.00 ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$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. 8/1/2014 ti Applicant/Agent Signature Date Chris Lascano Printed Name/Title 6/4/2014 Page 3 of 3 PHOENIX ASSOCIATES OF SOUTH FLORIDA,INC. CGC 0034149 WW W.PHOENIX-ASSOCIATES.COM Authorized Builder for NUCOR Building Systems Corporation September 2,2014 Nature of Petition Questions 1 and 2 1.) We are requesting a sign variance that will allow(2)pole signs to be placed on the same Commercial Condominium Parcel. The Collier County Land Development Code 5.06.04.F1 requires there to be a minimum of a 1,000 foot separation between pole signs on the same parcel of land and our proposed signs will be 570.52 feet apart. The total frontage on this property is 1,318.41 feet and the buildable frontage is 1,045.48 feet because of the preserve/conservation easement located on the northern side of this property. Both signs will meet height,setback, and all other county code requirements. There are currently no pole or ground signs on this property. 2.) A.)Do any 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? • Yes,272.93 feet of the northern frontage along Tamiami Trail is restricted from development because S.F.W.M.D.has claimed a portion of this area as wetland preserve and Collier County has identified the other portion as native preserve/conservation easement. This has therefore reduced the buildable frontage significantly. If not for the preserve area resulting from the unique characteristics of the land,there would be adequate frontage to reasonably locate two pole signs on this parcel. 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? Yes,a literal interpretation of the Land Development Code would prevent the applicant from reasonably locating two pole signs on the property. CORPORATE OFFICES 13180 LIVINGSTON ROAD-SUITE 204-NAPLES,FLORIDA 34109 • P 239.596.9111 F 239.596.2637 PHOENIX ASSOCIATES OF SOUTH FLORIDA,INC. CGC#034149 • WWW.PHOENIX-ASSOCIATES.COM Authorized Builder for NUCOR Building Systems Corporation 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? Yes,the preserve area is related to the unique characteristics of the land,which were pre- existing and not caused by the action 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? No,the variance request will not provide the applicant any special privileges. E.)That the variance granted is the minimum relief that will make possible the reasonable use of the land,building,or structure? • Yes,the variance requested is the minimum variance that will make possible the reasonable use of the land and promote standards of health,safety and welfare. 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,granting the sign variance will be consistent with the Collier County Sign Code and Growth Management Plan and will not be injurious to the neighborhood. • CORPORATE OFFICES 13180 LIVINGSTON ROAD-SUITE 204-NAPLES,FLORIDA 34109 P 239.596.9111 F 239.596.2637 fwnifute$inte 1948 i i ;: ; I ! ' i i '.35 . . • August 6,2014 Business Center Collier County Growth Management Division)Planning and Regulation 2800 North Horseshoe Drive Naples,FL 34104 Re: Sign Variance Petition Two Lakes,a Commercial Condominium Collier County Property ID#78544980045,78544980029 15100 Tamiami Trail North,Naples,FL 34110 Dear Sir/Madam: Kane Furniture Corporation,a Florida corporation("Kane's"),is the owner of Unit 100 of Two Lakes,a Commercial Condominium(Collier Co.Property ID#78544980029). Two Lakes of Naples, LLC,a Florida limited liability company,is the owner of Unit 200 of Two Lakes,a Commercial • Condominium(Collier Co.Property ID#78544980045). Units 100 and 200 make up the entirety of the Two Lakes,a Commercial Condominium,parcel(the"Property"). Kane's does hereby approve of and consent to Two Lake of Naples,LLC's sign variance petition seeking relief from Collier County Land Development Code Section 5.06.04.F.1 to allow the placement of two(2)pole signs on the Property. Sincerely, (1/ Irwin Novack C.B.O. • KANE'S FURNITURE • 5700 70TH AVENUE NORTH • PINELLAS PARK, FL 33781 • 727.545.9555 AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) Sv-PL20140001151 SieveHovtand (print name),as Managing Member (title, if applicable)of Two Lakes of Nacres,uc (company, If a licable),swear or affirm under oath,that I am the(choose one)ownerfapplicant[ontract purchaser' 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 Phoenix Associates d South Florida,Inc 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. nder penalties of perjury, t declare that I have read the foregoing Affidavit of Authorizatio and that e facts s `t in it are true. Signature •ate STATE OF FLORIDA COUNTY OF COLLIER // The foregoing instrument was sworn to(or affirmed)and subscribed before me on j-4,//, (date)by (j -,t•...,,,c eNt% (name of person providing oath or affirmation), as r who is personally known to me or who has produced -a Sd roe¢.w1 (type of identification)as identification. STAMPrsEAL. nature of Notary Public YAOIRA MORALES g ry .401/414,NOTARY PUBLIC • STATE OF FLORIDA i.ornratt FF039341 .44;as". l iy;itt?3 712'ffZ017 • CPM$.COA-001151155 REV 3R 4/14 it _ err Cl) Affi�,1aM5 - �'"`D ilqiZII.--46 ''fir 4 ' �') s ^ .—_ h. t.. svo�■ w4.v +.auv �iS w1+a,wrRl ' .ou •`} vaiscrutorm �►rti'" l2 _ > t -7N/'VOA1073+CMOS so aavix4Sv '� If110MVI1•L* Ligiyi y ►' r 1►' » XC I N 31 O H CI, `` "17,- V7Vld S3Md11()MI e'>I, .»r4 rn I �'T �e.auwonmaawp ZII I I _ ill'1 .. 11 ! iI! i ! II 1 r ‘ fi 1 t I 7n Las•wO. 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Z ..... , . ,_. ,.... ,,...,... .., :. , •.__ EL" . . . . 6 — I :.-, II) •••1' ..;.-' AI*" Y.' - •.,. „ T be E .., 0 •b-, :28 2 Z '‘'`'w,',34,444 bp Ca" May, 15. 2014 3:21 PM No 1419 P, 1 . Cott,County COLLIER COUNTY GOVERNMENT 2e09 NORM HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252.2400 PAX (239)262-5724 WAN,f(.GOWERGOV4IET ADDRISSINe CHECKLIST Reese complete the following and fax to the Operations Department at 238 2$2.5724 or submit In person to the Addressing Department at the above address. Form must be sinned by Adds sln nnei 0 aersop o to Sue- Use/' meetina.['tease J.ktw 3 dove for procaesng. Not ell items will apply to every project. Items In bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than ti months wilt require additional review and approval by the Addressing Department PETITION TYPE(Indicate type below,complete a separate Addressing Checklist for each Petition type) RBL(81asIe g Permit) ❑ SOP(Site Development Plan) SD(Boat Doric Extension) ❑ SOPA(SDP Amendment) GarnivaVCircus Permit ❑ SDPI(Insubstantial Change to SOP) CU(Conditions{ Use) © SIP(Site Improvement Plan) EXP(Excavation Permit) ❑ SIPI(insubstantial Change to SIP) ❑ FP(Mat Plat ❑ SNR(Street Name Change) Ull !LA(Lot Line Adjustment) f] SNC(Street Name Change—Unplatted) PhIC(Project Name Change) ( TDR(Trans=er of Development Rights) 0 PPL(Plans&Plat Review) Q VA(Variance) C1 BPSP(Preliminary Subdivision Piat) ❑ VRP(Vegetation Removal Permit) P Rezone VRSPP(Vegetation Removal&Site RI Permit) R7(Standard Rezone) ❑] OTHER___ • LEGAL DESCRIPTION of subject property or properties(copy of lengthy descd Morn may he attached) Two Lakes a Commercial Condominium Unit 100&200 9 — 1.Az-- is • FOLIO(Property ID)NUMBER(s)of above(attach to, or associate Witt,legal descnption It more then one) 78544980046,78544980029 STREET ADDRESS or ADDRESSES(as applicable,rT already assigned) 95100 Tamiami Trail North . LOCATION MAP must be attached showing exact location of project!sfte In relation to nearest public road right- of-way • SURVEY(copy -needed only for unpiatted properties) PROPOSED PROJECT NAME(if applicable) Two Lakes(Existing) PROPOSED STREET NAMES(if applicable) N/A SITE DEVELOPMENT PLAN NUMBER(for existing projects/Nies only) SDP or AR or PL# 20120002058 — • mar, 15. 2014 3.21 PM No. 1419 P. 2 Co r County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252.2400 FAX (239)2824724 WWW.COLLIgtGOV.NET J Project or devoioprnent names proposed for,or&ready appearing in,condominium documents(If application; indicate whether proposed or existing) Two Lakes Please Check One; ® checklist is to be Faxed bade ❑ Personally Picked Up APPLICANT NAME: Chris Lescano/Phoenix Associates of South Florida, inc. FHON 239-596-9111 FAX 239-596-2637 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department, • �� y FOR STAFF USN ONLY FLN Number(Primary) l T 1-4 9 g v o Z.9 Folio Number_ Folio Number Folio Number Approved by: , rt.,r ,-.•r Date: 5- 1C' ". (C,L Updated by: Date. IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED • Notification of Variance Letter to Property Owners and Associations within 150 feet of 15100 Tamiami Trail North Naples, Florida 34110 • PHOENIX ASSOCIATES OF SOUTH FLORIDA,INC. 13180 Livingston Road, Suite 204 Naples,Florida 34109 CGC#034149 September 29,2014 Dear Property Owner: Please be advised that we have made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 15100 Tamiami Trail North, which is % mile North of US 41 and Old 41 Intersection. It is our intent to ask the County to allow us to obtain a sign variance that will allow us to have (2) pole signs within 1,000 feet of each other on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone us for further information. In • any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, Chris Lascano PHOENIX ASSOCIATES OF SOUTH FLORIDA,INC. 13180 Livingston Road, Suite 204 Naples,Florida 34109 (239)596-9111 • 1■1......i. 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. CA' (Signature of Applicant) State of Florida • County of Collier The fore oing Affidavit of compliance was acknowledged before me this ( ` _day of I t. 1 014 by e■� '. ..._1">ts) who is p rsona (oWm to or vho has produced as identification. (S. nature of Notary `ublic) -- (Notary Seal) QC: :c. )1 Printed Name of Notary •, „ REBECCA NIELSEN 4F �� Commission I EE 678565 s..rs--jr F My Commission Expiros � e,it." February 2b, 2017 1 i NAME1 NAME2 NAMES NAME4 CITY ST ZIPCODE USZIP4 ABRAMOVITZTR,RHODAI RHODA JABRAMOVITZ TRUST UT005/22/02 1692 SANCTUARY POINTE CT NAPLES FL 34110 4155 ALL SEASONS IN NAPLES LLC 31731 NORTHWESTERN HWY.250W FARMINGTON HILTS MI 48334 1668 • AMONT,JAMES=&MARIE 1580 SERENITY CIR NAPLES FL 34110 4128 COMMUNITY CONGREGATIONAL UNITED CHURCH OF CHRIST,INC. 15300 TAMIAMI TRL N NAPLES FL 34110 6239 CS TAMIAMI LLC 8911 DANIELS PKWY STE 6 FORT MYERS FL 33912 872 EMMONS,LOG H MARC L CLERICO 1696 SANCTUARY POINTE CT NAPLES FL 34110 4155 GANNON,WILLIAM A=&CAROLYNJ 1592SERENIIYCIR NAPLES FL 34110 0 HARRIS,SANDRA L 1684 SANCTUARY POINTE CT NAPLES FL 34110 4155 KANEFURNITURECORPORATION 570070TH AVE N PINELASPARK FL 33781 4238 EAR WAN,KENNETH S=&AMPARO 1598 SERENITY OR NAPLES FL 34110 4128 KLEMAN,BETTY J 1604 SERENITY OR NAPLES FL 34110 4130 LEIOLI,I CHRISTOPHER4 ANITA 3 UPS N DOWNS CT FLEMINGTON NJ 08822 5769 LENIHAN TR,INGRID M INGRID M LENIHAN REV TRUST UT010J28/02 12 MANNETTI LN COS COB CT 06807 1718 I MARSELLA,STEVEN R=&JOYCE M 1500 PHENIX AVE CRANSTON RI 02921 1347 MEADOW BROOK PRESERVE LLC %ATLAS REAL ESTATE PARTNERS 226 FIFTH AVENUE 3R0 FLR NEW YORK NY 10010 0 1 MUSCHETT,KRISTIN E_&RALPH R 1083 MAIN ST S GLASTONBURY CT 06073 2110 PAULS,TROY 1=8,MARLENE A 1586 SERENITY CIR NAPLES FL 34110 0 RAGUSA,JOHN 1 XIAOUSHI 1628 SERENITY CIR NAPLES Fl. 34110 4130 REFERENCE ONLY TWO LAKES A COMMERCIAL CONDOMINIUM 0 REFERENCE ONLY TAMIAMI SQUARE A COMMERCIAL CONDOMINIUM 0 RTGDEN,THOMAS S JULIE MJONES 1562 SERENITY CIR NAPLES FL 34110 0 RIGOR,BRADLEY G PO BOX 111510 NAPLES FL 34108 126 ROEPER,JENNIFER R 1610 SERENITY CIR NAPLES FL 34110 4130 RUBIN,STEVEN CA HELENE 1622 SERENITY CIR NAPLES FL 34110 4130 SEABREEZE INVESTORS LI.0 14710 TAMIAMI TRL N STE 101 NAPLES FL 34110 6208 SICKMILLER,ERIC.&MARGARET 1688 SANCTUARY POINTE CT NAPLES FL 34110 4155 SOLAWZO,MARK=&AMY 3556 SERENITY CIR NAPLES FL 34110 0 STERLING OAKS COMMUNITY ASSOC AND CLUB INC 822 STERLING OAKS BLVD NAPLES FL 34310 6213 TIITF/STOFFL 3900 COMMONWEALTH BLVD TALLAHASSEE FL 32399 6575 TWO LAKES OFNAPLESLLC %HOVLANDREALESTATE 11983TAMIAMI TRL N STE 100 NAPLES FL 34110 1610 • 1 . "014111111 11111111 m - i 3 • - ile ' - ' . r O ao• II ii. ri. - , rdo ` _� f 's a : = V s �. _ ali - U N in N r - 4 CO ,�, • ■ Ali IR v - 41x M OA 44..Z. .,-..,; , Sy; - A.;#A,,--111 40:*4,,,._ 11■,, L.I1V:11- 44kit -, u ',` if,‘,"titt* y t- 10%tre}44" I foist - \.., r• : . met _ - • 1 1 tr c } • i Nl3tlf1Si31 0 I 7 0 1 r 7r► �,j.R "~fit t �d % -1:C i ' m o�it < _ _4t: G�c e�R la ePsJ�oJ� 0 U" . ZS 7g, " 1 t 4 tr- ill P; Milliwirra . ......„ c so IL"Iii*1 in • .1 lir,,1 0,17 atili.9 , r\ ., c Z } 0 Z • i ill E►t* all ILIWilli rail Eli" I :41:e: 4-4*.7--41- ■ - 1'1 7 0 7,,,1-74"'4'',‘tiMt$,AV 441 4;:V.f109- 0 CI- 1* t*Q ~"�SiOQ 00 °uj $ 44 441%44' '''( $4°6 *4 illIPC Arir'r r a. ' liiia401:110014'04111 114 14. _- Y o _ 111 1 u,_ii z e ' ri.. y C. 1 I . ''''- Diga,.._c' ' la, fl a 0 • l Si - N a allot q Lell l __ Z 9,1��lts��1•�� u""'r..- yen WOW �� °fir O .4 4 jj ; I U 0 c - 1 iti- I a. .r ° a.o #I i iii .' i r i *-4-,-...„, - 111111M ,.#,ismit4411/1010■1---"W iiii MI 1. A �� 111; �; S ri aIII 11 a- - <t $ ��1 �r �. se �k n - ....--,..■=. ,,....,06.4. 1."9 . 1 ) IM Sw ate ill I lit ' Z 1 ii 1 aw rJ! :. it; ii, , ��1 .r'� n`._ 17 moispi„...., il ili / iliargl--I immut.„ , 0 ?ii .! . i, s: ,,,,.... : ......_ . . • . , , - ... 111 0 s 4 . 0 4„., it . ed. '' 1"°441111L' IA*4*. I.. - 1 9 pi-INF Nero —001111111111.- ". . 0 }IIGULF OF MEXICO } ibi I . SIGN POSTING INSTRUCTIONS III (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) A zoning signs)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 (��y BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED. b'c6h�_�JC T;L ��`:t_Jry;i�C.1■7e` • WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED DY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER M-A.ri01l)ofl11 1 . C .C,�v r =" �, �15\x� l � 1 r all•1U • SIGNATURE OF APPLICANT OR AGENT STREET OR P.O.BOX (111-1() 'Lme.a.13 0}01060,c-L NAME(TYPED OR PRINTED) CITY, TATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this +4 day of t` a.„Q..k. ,204 ,by Ckr'J�1_,C..GrSl:.tA--4/, r- ,ersonally known to mfr who produced— _— as identification and who did/did not take an oath. t Si nature of Notary Pu)LA c REBECCA NIELSEN - i 4,:;:!..4,,,„,r Commission f EE 878665 4 ( �' 1� �� ,,,-47,1,15; My Commission Expires 1 „«,„ February 26, 2t)I7 Pri b( Public My Commission Expires: • (Stamp with serial number) F:1WebslteAAFFIDAVIT AND SIGN POSTING INSTRUCTIONS 5-2-05.doc • f. . .: .0 to . d C 0 E o c(a d — 4 0'© ii: 411i, 0. I; OS 0 to 1 C E. ' , iiiiMINN >co .... 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Co er County MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION,PLANNING AND REGULATION HEARING DATE: NOVEMBER 13,2014 SUBJECT: PETITION NO: PDI-PL20140001440, BRETONNE PARK Applicant: Agent: Terracina II,LLC James Carr,P.E. 1107 Hazeltine Boulevard, Suite 200 Agnoli, Barber&Brundage, Inc. Chaska, Mn 55318 7400 Tamiami Trail North Naples, Fl 34108 Owners: Terracina IL LLC owns Tract B the subject of this request, in Bretonne Park PUD. There are several hundred private property owners in the development. REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Bretonne PUD to allow the following change: • Revise PUD Section 4.3, Development Standards, and the PUD Master Plan, Exhibit H to allow a second access point into tract B of the development off Davis Boulevard. This request also requires one new deviation from the Land Development Code (LDC) which is discussed later in this report. GEOGRAPHIC LOCATION: The subject property is located at the intersection of Davis Boulevard and County Barn Road, approximately 1/2 mile west of the intersection of Davis Boulevard and Santa Barbara Boulevard, with direct access on Logan Boulevard in Section 5, Township 50 South, Range 26 East, Collier County, Florida. (See location map on the following page.) PDI-PL20140001440: Bretonne Park PUD Page 1 of 8 November 13,2014 Hearing Examiner October 20,2014,Last Revised: 10-22-14, 10-23-14, I- / 4111#i a ; , Li" !I ; ..4, tilik. *Iiiiri*li I � w° . _ 4 s!�41 - . war ill gror, 101 IMO Nis. Itt 1,-1�i. M• 411 dm� 411 iiiip 1 = ',ate '.' �"'it 1�Illitt w'Nor" T �imm�hll�� dliq iiniin�ii iiiiii u;iiiii11t11� — �"itiE♦ . r/1 /IIIIBII%IIUNI. t 0000_006_1i0 10%sib, .3=5=-: . . . :-.-E,-1.... ..7,47.-,xj.-...,...=r".:—...r.-r.-PM! I 2 Amons ill% .4 . . .1 • - " . 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D !!no.r.. n . < U' S 0 I n s3 _..I a z II E I p 38 Ytd - /. a' 1( s' '� Wi ar S. l 6 11 i,t Ili qt na:�u OVOa D.4'1111S1bOtlbIV „,-, IIg pp 6 i g a tl _' a '63� it a 3.bro .', !r ,_11 t 3'v"° I!'2 1 0 .. 147r• .-'4.,IP""".y S gJ ,Y..- `- *`°i V 6 i s.,�. y't !}ii4 4' '1,"fi O' _. / 1.7, 04 ilk*4_ _ 1 S , ,; EASR'1AUCT` , A, $t♦,R ia., . = 13., y. f�c 0< y }}J+f()/( L 4 + Ir ..: . {{ - F 1 • . ; V. ; 1'may r VI I i ti i { "!1.11..- , "_' '► Bretonne Park PUD ` �� OIL:' 111.j- 7._'1b 4 A!,.Ci•MAr , it• a l± i Proposed Second Access i . i,f , '4-'4,,,„.*: - '' .- .` i"' . Point a# 1‘''' .( --- ii," :Oil N i,K t,i r'+r. ', * '��ti R` s�i:.0,,,r---;,-, rt„/��at Y —.mop' .m p PI-.-- r.-+w+,.,r,.c u. r,....,. , N -vZ h+.1 ., Lr ..„,,,,, .. . si,.., +.0.. . 9,, * ( t•i -,,, - -- G: y 7 R, � �� p „., aC:. 0. 5 k - 1d { . TT 1 - �f' d'.,... s VI 1P ■ I . 3 r--"-'- 11° .rwscvs-147:.4 :; ';% i � 'Q.' Y1 , * C .enr!aa-rs. 4sem ri~t 4i .'1 w Aerial Photo(subject property depiction is approximate) PURPOSF[DESCRIPTION OF MAP AND TEXT CHANGES: The Bretonne Park PUD was approved on April 7, 1987, by Ordinance No. 87-15 to allow a maximum of 1,380 dwelling units or 4.14 units per acre; 160,000 (12.5 acres) square feet of commercial uses; and other related uses such open space, preserves areas and lakes. The PUD was subsequently amended by Ordinances No. 88-67; 89-10; 98-112; and 01-032. Most significant to these amendments in relation to the subject petition were the removal of the commercial square footage and the addition of 210 Assisted Living Facility (ALF) units and 60 Skilled Nursing Facility (SNF) beds and ancillary uses approved by Ordinance 98-112. The Bretonne Park Development of Regional Impact's (DRI) was approved by Development Order (DO) No. 87-2, and subsequently amended by DO No. 88-1 and 99-1 to reflect the amended PUD Ordinances. Staff notes that the amended DO includes a master plan that shows the proposed second access point. However, the master plan attached to the PUD does not show this access point, therefore the proposed access PDI-PL20140001440: Bretonne Park PUD Page 3 of 8 November 13,2014 Hearing Examiner October 20,2014, Last Revised: 10-22-14, 10-23-14, request that is the subject of this PDI petition. The request also clarifies that an on-premises sign can be permitted in the median of the proposed new access as part of the required bridge Right-Of-Way permit. This amendment seeks to add the second access point to the property from Davis Boulevard(S.R. 84) for the SNF for consistency with current DO No. 99-1. In addition the request includes a new deviation to require only a single sidewalk on one side of the new access bridge leading to the SNF from Davis Boulevard instead of the LDC required sidewalk on both sides of this access road (see deviation analysis below). ANALYSIS: The petitioner is seeking approval of one deviation 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 6.06.04, Bridges, which states that bridges require sidewalks on both sides of the bridge,and that the width of all bridges shall be required to incorporate a clear roadway width equaling the travel lane width plus 2 feet to the curb and 6 foot sidewalks. The proposed driveway culvert crossing will have a 6 foot sidewalk on one side of the driveway and incorporate a clear width for travel lanes,curbs,one 6 foot sidewalk and landscaping. Petitioner's Rationale: The applicant's agent has provided the following justification: The sidewalks within Terracina Grand provide connection between the assisted living buildings and parking lots on site. With the proposed entrance drive to Davis Boulevard, a 6 foot wide sidewalk will be provided on one side of the driveway to connect the Terracina Grand internal sidewalk to a future FDOT sidewalk on the north side of Davis Boulevard A sidewalk is proposed on one side of the entry because the pedestrian traffic is anticipated to be minimal going to and from the site. Residents of the assisted living community generally stay on the internal sidewalks and courtyards, and aren't expected to cross through parking lots or to facilities off site. Providing a sidewalk on one side of the entry will help control the number of pedestrian connection points off site, and limit the pedestrian crossing of the internal parking lot to one location, thereby improving safety and security. PDI-PL20140001440: Bretonne Park PUD Page 4 of 8 November 13,2014 Hearing Examiner October 20,2014,Last Revised: 10-22-14, 10-23-14, Staff Analysis and Recommendation: Planning and Zoning Review staff recommends APPROVAL of this deviation, finding it in compliance with the LDC and the Administrative Code of Collier County. PLANNED UNIT DEVELOPENT 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 and/or minor text changes to a PUD document 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. While the proposed access point on Davis Boulevard is a change located on the boundary of the PUD it does not change the actual boundary or land area of the development and is consistent with the DRI master plan as discussed above. 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? No, the proposed amendment will not increase the size of institutional, commercial, industrial uses. 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. The proposed access point does not change traffic generation, substantially impact traffic or other public facilities, and it PDI-PL20140001440: Bretonne Park PUD Page 5 of 8 November 13,2014 Hearing Examiner October 20,2014,Last Revised: 10-22-14, 10-23-14, brings consistency between the PUD and DRI approved master plan. For these reasons the proposed change is not substantial. 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, the proposed changes will not create any additional vehicular generated trips based upon the ITE Trip Generation Manual. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or 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 proposed changes are specific to internal features of the development. 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. The modification to the Master Plan does not increase the intensity of the permitted land uses. In addition, the PUD documents specify the project density and the total number of dwelling units that can be built along with the requirement for retained native vegetation and open space. The PUD document also specifies the uses allowed and provides development standards that regulate the height of the permitted structures. As a result, the proposed amendment will not change the approved density and/or intensity authorized by the PUD document or otherwise affect any 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 Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)9e)2., F.S., 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 Sec. 2.7.3.5.4 or Sec. 2.7.3.5.6 of this Code. As noted above the Bretonne Park development is a DRI. The proposed change to the master plan adding the second access point on Davis Boulevard is consistent with the DRI master PDI-PL20140001440: Bretonne Park PUD Page 6 of 8 November 13,2014 Hearing Examiner October 20,2014, Last Revised: 10-22-14, 10-23-14, plan. Therefore the proposed change does not cause any changes to the DRI including the approved master plan. 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 provide above,the proposed change is not deemed to be substantial. 1. Does this petition change the analysis of the finding and criteria used for the original application,attached as Attachment C to this staff report? No, the change proposed does not change the original analysis, rezone findings, or PUD findings for the original application and staff report. NEIGHBORHOOD INFORMATION MEETING (NIM): On September 2, 2014 the applicant submitted a NIM waiver to the Hearing Examiner and received confirmation on September 3, 2014, that noted "...based on staff review comments and consistency with LDC section 10.3.06.H.2 this request is insubstantial and limited in scope with minimal, if any, impact on adjacent properties." Therefore, a NIM was not required. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report dated 10-30-14 for PDI-PL20140001440. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20140001440. Attachments: A. Application B. Bretonne Park PUD Revised Master Plan Exhibit H C. Bretonne Park DRI, DO-99-1 D. Bretonne Park PUD,Ord. 98-112 PDI-PL20140001440: Bretonne Park PUD Page 7 of 8 November 13,2014 Hearing Examiner October 20,2014, Last Revised: 10-22-14, 10-23-14, PREPARED BY: F '- ili S;ifiLe_______ - I H El. SAWYER,PROJECT MANAGER DATE PLANNING AND ZONING DEPARTMENT REVIEWED BY: 6/:ill_ l ,0. z.,... /ti. RAYM to i D V. BELLOWS,ZONING MANAGER DATE PLANNING AND ZONING DEPARTMENT ./. --77__ /0-24(- (Y MICHAEL BOSI,AICP,DIRECTOR DATE PLANNING AND ZONING DEPARTMENT PD1-Pt20140001440: Bretonne Park PUD Page 8 of 8 November 13,2014 Hearing Examiner October 20,2014, Last Revised: 10-22-14, Cofer County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 •o (239)252-2400 FAX:(239)252-6358 INSUBSTANTIAL CHANGE TO A PUD(PDI) LOC 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 1 0.02.13 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 i PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION • Name of Applicant(s): Terracina II, LLC Address: 1107 Hazeltine Blvd., Ste. 200 City: Chaska State: MN Zip: 55318-1070 Telephone: (952) 361-8000 Cell: (612) 437-9296 Fax: E-Mail Address: Mark.fisher©thegoodmangroup.com Name of Agent: James A. Carr, P.E. Firm: Agnoli, Barber & Brundage, Inc. Address: 7400 Tamiami Trail North city: Naples State: FL ZIP: 34108 Telephone: (239) 597-3111 Cell: Fax: (239) 566-2203 E-Mail Address: Carr@abbinc.com DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ®Yes E No ❑ 1. 1f applicant is a land trust,so indicate and name the beneficiaries below. R S [ 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 Exhibit A COter COUnty • COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierzov.net (239)252-2400 FAX:(239)252-6358 C 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. ❑ S.If applicant is a lessee, attach copy of lease,and indicate actual owners if not indicated on the lease. ❑ 6. 1f 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 I PUD NAME: Bretonne Park ORDINANCE NUMBER: 87-15 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? ❑ Yes ❑No If no,please explain: Has a public hearing been held on this property within the last year? ❑Yes ❑ 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? ❑Yes ® No • If yes,please describe on an attached separate sheet. 6/3/2014 Page 2 of 4 kt •• .r County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.cailientov net (239)252-2400 FAX:(239)2524358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUP Insubstantial Change Chapter 3 6.3 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) ❑ 621 ❑ Pre-Application Meeting notes 1 1 Project Narrative,including a detailed description of proposed changes and why amendment is necessary ❑ ® ❑ Detail of request ❑ ❑ . E Current Master Plan& 1 Reduced Copy ❑ Revised Master Plan&1 Reduced Copy El El • Revised Text and any exhibits ❑ PUD document with changes crossed through&underlined ❑ Li Et fy , PUD document as revised with amended Title Page with Ordinance# ® ■ Warranty Deed ■ Legal Description Boundary survey,if boundary of original PUD is amended if PUD is platted,include plat book pages ❑ IE III List identifying Owner&all parties of corporation 2 Af gtoxt of Authorization,seined&notaillsA 2 la M Camplt tell Addre si g Cheskiist 1 e9 in Copy of 8 X in.x 11 in. :raphic location map of site 1 S II Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials ❑ Q ❑ to be submitted electronically in PDF format. *If located in lmmokalee or seeking affordable housing,include an additional set of each submittal _requirement. ADDMONAL 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 CO T County COLLIER COUNTY GOVERNMENT 2500 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: I School District(Residential Components):Amy Q Bayshore/Gateway Triangle Redevelopment Lockheart Executive Director 11111 Utilities Engineering::Kris Vanlengen [J Parks and Recreation_Vicky Ahmad Emergency Management Dan Summers Q Naples Airport Authority:Ted Soliday Conservancy of SWFL:Nichole Ryan j Other 1♦ City of Naples:Robin Singer,Planning Director Other FEE REQUIREMENTS PUD Amendment Insubstantial(PDI):$1,500.00 Pre-Application Meeting:$500.00 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 2800 North Horseshoe Drive Naples,FL 34104 Appilraat/Owner Signature Date Applicant/Owner Name(please print) 6/3/2014 Page 4 of 4 C0'4(134\404) AMe-tymett CAT eT County (1::)c ) • COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.c:olliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type:. Date and Time: "'l. lr �`3 a I Assigned Planner: MLA ' 1t' Project Information Project Name: 1 "\ PL#: 2-014, Property ID#: ),C)19b4 Current Zoning: RID Project Address:ketafgAgiaaNCL City:tiW'i,k State- Zip: Applicant: Agent Name: CN ?-+ Phone: t I ,'LL 1 )C 2r5 Agent/Firm Address: We City:.i? State:re--Zip: Property Owner: Please provide the following,if applicable: I. Total Acreage: - ii. Proposed#of Residential Units:tL!QAT/a - Iii. Proposed Commercial Square Footage: r. Div Viz G •01 iv. For Amendments,indicate the original petition number: cr-O. .16 „ v. if there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: • Collier County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Meeting Notes l k-VA.)tPo62. �i e- 't Ti A-', 4'6 rta r-tEMT 6.•< is; . ?DDT CQ92'flrr. .-t r Gtr ,ek.0 pulp 612e7120 - • • Co i er County • 1•10011.1.1%...%"*00060140.0 COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliereov.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 6.3 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 1 • Name of Applicant(s): Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: Name of Agent: Firm: Address: City: State: .ZIP: Telephone: Cell: Fax: E-Mail Address: DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ❑Yes ❑ No ❑ 1.If applicant is a land trust, so indicate and name the beneficiaries below. • ❑ 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 S&9tY • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllerRov.net (239)252-2400 FAX:(239)252-6358 ❑ 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. 1f 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 1 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: ORDINANCE NUMBER: 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? ❑Yes ❑No If no,please explain: Has a public hearing been held on this property within the last year? ❑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? ❑Yes ❑ No If Y es, please describe on an attached separate sheet. • 6/3/2014 Page 2 of 4 Coen County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliersov.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 COPES REQUIRED REQUIRED Completed Application(download current form from County website) [1 IK Pre-Application Meeting notes 1 LLI L� Project Narrative,including a detailed description of proposed changes and why amendment is necessary L� Detail of request CD Current Master Plan&1 Reduced Copy Revised Master Plan&1 Reduced Copy LI! Revised Text and any exhibits L 11- 1 El • PUD document with changes crossed through&underlined f PUD document as revised with amended Title Page with Ordinance# LI t [_] Warranty Deed — —�� Legal Description f E''" ❑ Boundary survey, if boundary of original PUD is amended j (V! 0 if PUD is platted,include plat book pages Iu� 0 List identifying Owner&all parties of corporation 2 Affidavit of Authorization,signed& notarized 2 E Completed Addressing Checklist 1 Copy of 8 Yi 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 (� [ Li to be submitted electronically in PDF format. *If located in immokalee or seeking affordable housing,include an additional set of each submittal requitement. 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 Corner County • COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collieraov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District(Residential Components):Amy ri Bayshore/Gateway Triangle Redevelopment: _4 Lockheart Executive Director d Utilities Engineering:Kris VanLengen a Parks and Recreation:Vicky Ahmad (] Emergency Mana;ement:Dan Summers ❑ ' Naples Airport Authority:Ted Soliday 111 Conservancy of SWFL:Nichole Ryan U Other: City of Naples:Robin Singer,Planning Director_ U Other: FEE REQUIREMENTS L9',PUD Amendment Insubstantial(PDI):$1,500.00 Y e-Application Meeting:$500.00 8' 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 • 2800 North Horseshoe Drive Naples,FL 34104 Applicant/Owner Signature Date Applicant/Owner Name(please print) i 6/3/2014 Page 4 of 4 CciNett3s4410 F I Coder County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX 1239)252-6358 APPLICATION FOR PUBLIC HEARING FOR(check one): Chapter 3 D.1 of the Administrative Code F.S. §380.06 and 380.0651 ❑ DR1 Application for Development Approval (DRI) ❑ DRI Notice of Proposed Change (DOA) dig Other DRI Development Order Amendment(DOA) PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Applicant(s): Firm: Address: City: State: ZIP: Telephone: Celt: Fax: E-Mail Address: Agent(s): Firm: Address: City: State: ZIP: Telephone: Cell: _Fax: E-Mail Address: DISCLOSURE OF INTEREST INFORMATION is the applicant the owner of the subject property? []Yes ❑No Please provide the following information on separate sheets and attach to the application: ❑ 1, if applicant is a land trust,so indicate and name beneficiaries. ❑ 2. if applicant is corporation other than a public corporation, so indicate and name officers and major stockholders. ❑ 1 if applicant is a partnership, limited partnership or other business entity, so indicate and name • principals. 6/3/2014 Page 1 of 5 95ntY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX(239)252-6358 ❑ 4. If applicant if an owner,indicate exactly as recorded,and list all other owners,if any. ❑ 5. If applicant if 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. PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application,If space is inadequate,attach on separate page: • if the request involves changes to more than one zoning district,the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey(completed within the last six months, maximum 1" to 400'scale),if required to do so at the pre-application meeting;and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description,an engineer's certification or sealed survey may be required. Property I.D.Number: Section/Township/Range:_ / / Subdivision: Lot: Block: Metes&Bounds Description: Plat Book: Page tl: Site of Property: ft.X ft.= Total Sq.Ft. Acres: Address/General Location of Subject Property: if the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate,attach on separate page) Property ID.Number: Section/Township/Range: / / Subdivision: Lot: Block: Metes&Bounds Description: Plat Book: Page#: BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/3/2014 Page 2 of 5 Coi[ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiiiergov.net (239)252-2400 FAX(239)252-6358 DETAIL OF REQUEST 1. Does the proposed action comply with the Collier County Growth Management Plan? ❑yes ❑No if no,provide a written explanation on a separate sheet,attached to the application. 2. Has a public hearing been held on this property within the last year? ❑Yes ❑No If yes, please provide a written explanation of the hearing on a separate sheet, attached to the application. 3. If this is a NOPC application,has any portion of the DRI been: ❑ SOLD and/or 0 DEVELOPED? If yes,please provide a written explanation on a separate sheet,attached to the application. 4. On a separate sheet attached to the application,please provide a detailed narrative statement that explains the requested action and why this action is proposed. Provide applicable supporting material and a list of all previous actions on the subject site, beginning with the original DRI/PUD approval and including all subsequent amendments. Include hearing number,hearing dates and a summary of the approved action. • Chapter 13—of the Administrative Code requires that the applicant must remove their public hearing advertising j sign(s)after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item,please remove all public hearing advertising sign(s)immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer at its expense shall record In the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. 6/3/2014 Page 3 of S CDte-r County G. COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE is 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: DRI Application for Development Approval(DRI) DRI Notice of Proposed Change(DOA) C Other DRI Development Order Amendment(DOA) Chapter 3 D.1 of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittals items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED 0 ❑ Completed Application(download current form from County website) 0 , Project Narrative 3 El Pre-application meeting notes ❑ LJ completed Addressing check) t(no older than 6 months) 2 El Site Development Plan,24"x 36"copy, S if"x 11"copy,and one jpg copy(from DR! ❑ Development Order) An 8 X in.x 11 in.graphic location map of the site _ ❑n — DRI Development Order Master Plan 1.--I 0 Legal Description — 2 ❑ ❑ List identifying Owner&all parties of corporation . 2 ❑'M Survey signed&sealed 4 Affidavit of Authorization,signed&notarized 2 Environmental Data Requirements,pursuant to LDC section 3.08.00 3 Listed Species Survey;less than 12 months old. Include copies of previous surveys 2 ❑ Current aerial photographs(available from Property Appraiser)with project boundary 5 11 ❑ and,if vegetated,FLUCFCS Codes with legend included on aerial. ❑ Traffic Impact Study(TIS)or waiver 5 Completed State NOPC Form with all attachments(if amendment) 0 ❑ Completed State ADA Form with all attachments(if original DRI) 0 ❑ Draft DRI Development Order to address proposed change Copies of Notices sent to DEO and RPC 2 0 ❑ Electronic copy of all documents and plans 1 i4 ❑ School impact Analysis Application-residential projects only 2 ❑ Of (download the School Impact Analysis Application from website) *if located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement $CHOQL CONKURRENCY - If the proposed project includes a residential component,you are required to contact the School District of Collier County at 239-377-0267 to discuss school concurrency requirements. • 6/3/2014 Page 4 of 5 Co III 0 COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX(239)252.6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: Addressing:Annis Moxam 1-7 ' Environmental Review:See Pre-Application Meeting Sign-in Sheet ❑ Bayshore/Gateway Triangle Redevelopment:Executive lEi Director Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review for r Comprehensive Planning:See Pre-Application Meeting ❑ Immokalee Water/Sewer District: Sign-in Sheet ❑ Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahmed y el County Attorney's Office:Heidi Ashton-Cicko ❑ School District(Residential Components):Amy Heartiock Emergency Management:Dan Summers;and/or lig❑ EMS:Artie Bay Transportation Pathways:Stacey Revay g, Engineering:Alison Bradford [5.1 Transportation Planning:John Podczerwinsky ❑ Other: Utilities Engineering:Kris VanLengen • ! FEE REQUIREMENTS 1 All checks payable to:Board of County Commissioners �ow ()Pre-Application Meeting:$500.00(Applications submitted 9 months after the date of the last pre-app meeting shall a-+-1 not be credited towards application fees and a new pre-application meeting shall be required) DRI Review(In addition to cost of rezone):$10,000.00 plus$25.00 per acre(or fraction thereof) o Additional fee for 5`h and subsequent reviews:20%of original fee DRI/DO Amendment: $6,000.00 plus $25.00 per acre(or fraction thereof). The acreage charge does not apply for amendments which only change the build-out date of the DO for a time period of less than 5 years. o Additional fee for 5`h and subsequent reviews:20%of original fee o Amendments deemed to be minor in nature, that is requiring minor strike thru and underline text amendments of no more than 10 different lines of text changes in the DRI,will be capped at$13,000.00. o Any amendment which includes a map and text change will assessed the full fee(no cap) O DRI Extension:$100.00 O DRI Comprehensive Plan Consistency Review:$2,250.00 'gyp Estimated Legal Advertising Fee: ll o CCPC:$925.00 o BCC:$500.00 O Listed or Protected Species Review:$1,000.00 0 Property Owner Notifications: $1.50 Non-certified; $3.00 Certified return receipt mail (to be paid after receipt of invoice from the Zoning Services Department) O Transportation Fees,if required: o Methodology Review:$500.00 o Minor Study Review:$750.00 o Major Study Review:$1,500.00 O School ConCurrency Fee,if required:(reserved) o Mitigation Fees,if applicable,are to be determined by the School District in coordination with the County 5/3/2014 Page 5 of 5 IOW Cofer County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 1 1 r * --�to S -54srl,o f ` 64Nk)r G : i2-7t r,-A'l e . A �OY '1,E TUB ,•v6 h.t-v .ly4-W 6:=.0-1-1+1 -r . 1 A w/,'1,1)fir - FYZ, Wirer iI gn 4 W/.'J o? /Aor i ata..4 4Jflvfr - f vr'rtdopi ch 1 /kr HP,./h m/set of Jpvi1 ifrvI 0 • ■ Pre-Application Meeting Sign-In Sheet IP PL#: 2014 . Hit) Collier County Contact information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review ! 252-2497 davidanthony@colliergov.net O Summer Araque Environmental Review 252-6290 summerbrownaraoue @colilergov.net 1 ❑ Alison Bradford,P.E. Engineering Services 252-6820 allsonbradford @colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin @coliiergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio @coiliergov.net ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@colliergov.net ❑ Kay Deselem,AICP Zoning Services 252-2931 kaydeseiem @coitiergov.net O Paula Fleishman Impact Fee Administration 252-2924 paulafleishman @colliergov.net ❑ Michael Gibbons Structural/Residential Plan Rev;ew 252-2426 michaelgibbons@coiliergov.net O Nancy Gundlach,AiCP,PtA Zoning Services 252-2484 nancy undlach@colliergov.net O John Houidsworth Engineering Services 252-5757 johnhouldsworth@coitiergov.net O arda Kendall Comprehensive Planning 252-2387 mardakendail @colliergov.net Reed Jarvi,P.E. Transportation Planning 252-5849 reedJarvl @coiliergov.net Stephen Lenberger Environmental Review 252-2915 j stevelenberger@colliergov.net . 40 ❑ Paulo Martins Utilities 252-4285 paulomartins @colliergov.net ❑ Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna@coiliergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279 matthewmclean@coltiergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmondvaiz @cotliergov.net ❑ Michele Mosca,AICP Comprehensive Planning 252-2466 michelemosca @coliiergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@coliiergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree @colllergov.net ❑ Brandy Otero Transit 252-5859 brandyotero @colliergov.net 2- John Podczerwinsky Transportation Planning 252-5890 Johnpodczerwtnsky @colllergov.net ❑ Brandy Pollard Utility Impact fees 252-6237 brandipoilard@coitiereov.net ❑ Fred Reischl,AICP Zoning Services 252-4211 fredreischl@coiliergov.net ❑ Stacy Revay Transportation Pathways 252-5677 stacyrevay@colllergov.net jii Brett Rosenblum,P.E. Utility Plan Review 252-2905 brettrosenblum @colliergov.net Michael Sawyer Zoning Services 252-2926 ( michaeisawyer coiliereov.net ❑ Corby Schmidt,AICP Comprehensive Planning ! 252-2944 corbyschmidt@colliergov.net O Chris Scott Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danieismith@coillergov.net A Scott Stone Assistant County Attorney 252-8400 scottstoneecolliergov,net ;, Mark Strain Hearing Examiner/CCPC 252-4446 } markstrain @coiilergov.net ili Carolina Valera _ Comprehensive Planning + 252-8498 caroitnavaiera@coiliergov.net 4) ❑ Kris Vanienjeen _ Utility Planning 252-5366 krisvanlengen @cotliergov.net ❑ Jon Walsh Building Review 252-2962 jonathonwaish@coillereov.net ❑ David Weeks.AICP Future Land Use Consistency 252-2306 j davidweeks @colliergov.net O Klrsten Wilkie Planning and Zoning 252-5518 ! kirstenwllkie@coiliergov.net Name Representing Phone Email �' Y - A0a S41 din chafe A.lvt,/1G •( ore\ 41) i . tr 0 1 c `� ,566-1551 NI.cz31Li; c.k� 11.�XA C 12-- t1c�,Ma� k�� C �� Ill !, } . i I 1 • 1 { 1 1 s&cntY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW,COLUIERGOV.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 sinned 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(She Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) 13 Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) El 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): TRACT B.EMBASSY WOODS GOLf AND COUNTRY CLUB AT BRETONNE PARK,PHASE ONE PLAT BOOK 17.PAGES 47.49, SEC 5.TWP 50$t.ROE 25E FOLIO(Property ID)NUMBER(s)of above(attach to,or associate with, legal description if more than one) 31055001007.31055001104 STREET ADDRESS or ADDRESSES(as applicable, If already assigned) 6825 DAVIS BLVD.AND 6855 DAVIS BLVD. 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 unptatted properties) PROPOSED PROJECT NAME(if applicable) TERRACINA GRAND EXISTING . , . Arik t t PROPOSED STREET NAMES (if applicable) SiTE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP 99 -42 or AR or PL#fL2011-2701 fa0 tte' PtIDA Att-531 Kf20111 -oO858R Termini,Grand LMU Building\Cor espendenoestDocumentskPDMddresa Chhist Request.doo Co el- County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)282-2400 FAX (239)262-5724 WWW.COLUERGOV.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 ® Emailed ❑ Personally Picked Up APPUCANT NAME:JAMES A. CARR. P.E. EMAIL TO: KIM-GRATTON(a7ABBINC.COM PHONE:f239)597-3111 FAX:(239) 566-2203 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. EIEME.fem?NM...m.4W •,•••!! • FOR STAFF USE ONLY FLN Number(Primary) 37655001 667 Folio Number 3W 5061/bL/ Folio Number Folio Number Approved by: Gw Z "°r Date: 7 ! / Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED • K:12011‘11.0085-8R Terracina Grand LMU Building■Carrespondences\DocumenisiPDMddress Ci**1sl Request doc • 0 0�°i = __ 06 50-26 05-5C 26 04-50-26 .... ..J1 —I ‘,.%...=:` 1_ I )-s- --7C----°‘ ; h / ■ , '�1 i ___ 12-50-25 —, D�80-26 U8-50-26 09-50- 26 1.7 i '--ok) i., \..2l, ____,.. ......_:1 ,�� 4 ( t - • 1 3-50-2_` \ ' \ -� �,�' 4 r,,,,,,,,,,,... Li,et• L , I -, \ ! j 'K¢7, _/ L ESHNE dAMMtJCK 8003 ' t .....m.,,, INWAS_SIPI CP - - 117: *7 * - '77:7".'N.lra2-103 -t--------- \----II----3--'..---"-Lt.-'-:.; \ \ iNY L� t:�--d 19-5C-26 r- - Y �-. 24-50-25 I�a°�� ^*, } N \ acz c-2 r1// y 1 \ \� �� 21-50-26 ` t' Vim' l Q I ., Nile iz.z, , ,-,,,,,. ,,,,,, i 25-50-25 30-50—?...6 r— , . i f 28—s0-26 • LOCATION MAP N. T.S. Bretonne Park PUD • insubstantial Change to a PUD(PDi) Project Narrative and Detail of Request September 15, 2014 The Bretonne Park PUD was approved April 7, 1987, as PUD Ordinance 87-15, as amended. The PUD included residential, golf course and commercial uses. The PUD was amended December 8, 1998, PUD Ordinance 98-112, which changed the commercial parcel to assisted living/skilled nursing and established development standards for the ALF parcel. In 1999 SDP 99-42 was approved for an assisted living facility on the west portion of this parcel. In 2013 an SDP Amendment was approved for a second assisted living building and completion of road and utility infrastructure on the east portion of the site. This new building and site is under separate ownership on a separate land parcel from the existing building. The new building is under construction and is being developed by Terracina iI, LLC. Access to the ALF site(s) is from a single driveway on the east side of Glen Eagle Boulevard. This driveway is on the public right-of-way portion of Glen Eagle Boulevard, ahead of the guard house gate to the residential community. The remainder of Glen Eagle Boulevard after the guard house is private right-of-way within the residential/golf course area. There are no internal connections between the residential community and the ALF site. The two ALF buildings, although on separate parcels, share the access driveway and loop road around the ALF site. The owner of the new building, Terracina 11, LLC, is seeking a new access driveway from Davis Boulevard to provide a second access point into the property. The PUD Master Plan is revised to show the second access point on Davis Boulevard.The second access is shown on the DRI Master Plan, Resolution 99-71, Development Order 99-1;however the second access was not shown on the PUD Master Plan. In order for the Master Plans to be consistent,the access is added to the PUD Master Plan as part of this PDI. New text is proposed in Section 4.3 of the PUD for Access, to indicate the proposed access from Davis Boulevard. An on-premises sign is proposed at the new Davis Boulevard entrance. The Land Development Code(LDC)allows signs in nonresidential districts. The proposed sign will be a ground sign located in the entrance median on the bridge at the minimum required setback, no closer than 10 feet from the property line. The property line (also the PUD boundary) is the Davis Boulevard right-of-way line,which is on the south side of the existing ditch. The ditch is on the ALF property within a Collier County maintained 80'wide drainage easement. The proposed sign will be on the Terracina II,LLC property, which is separate ownership from the existing ALF building and site. The existing ALF building has a ground sign facing Davis Boulevard. The minimum 1,000 foot separation between signs does not apply because the ALF buildings are on two separately owned parcels. The sign may display the name of the ALF building currently under construction, and the SNF building when that building obtains development order permit (double faced displaying the same graphics). A statement regarding provision for the sign is included in Section 4.3 of the PUD for Access. • fs.k.Mr.L.tr°. PAM lr.ge...►1 - 1 ._.. — --.—. A role•.•• --'lTwi�i�ee T.'1 PP-0-w.a buffs!.M. -___ m 11" __ .. - ,r.--S ._--. 0 PI-P PARK 7 MAITON OMLtSII Id PLAN 1 _ '. i;' 4.7. lXMMT M f.nand.dt I '1f; '�4 LANO USN SUMMARY 19 • .... .c.C.y- r•of Of-a I., . cm..use _ .n• gyp) f NL e•.•rw. IMO art R-1 M S , AAA t... .. /_�) --•. ` ' 1..••a .fir 70.. I�f ..1.3.4.,... . IMO 16.4 r / f `;*, w.•.+•iMINN to a.. 0 FM Oaw. .a. f..• ✓ t1 ' „.-,.....!r,' ' 4 A ,term Am. woa R-R Imp wn......w w wastage..and•••Iwa.• ■ .►art ti V . 1 4.110N.4.0 t ' .. - R-1 rMMw.L.11.11/.14.61 • �� t> rare. f i S 11■ R•! ......................... oar.aaa..w .w.wawn..i., awr.r. OM at.�w.• ..414.r-..a J' r0 mar Mew ..area A Jy �►i 1a. f1�nw,.Of MI••■.41•••• a .ql� } ` - _ r:` — , _ •,••w a....a r..r .1••••••err•••• �'^{� t f ^•1.r�' •••Nolo a..wwna Ma Twat•••• L..1 IMO I.Mole anNiape j it'"Itis-4).. tr Maw Om"••••• •••.warm •••■•• t;tr.;...111' 4 1/1"k% a ..4.1. Inw•ft••' 1 .......Nor'' ( mow mg...no.. IsN.r...r MI - . ` 7♦ . — 1 w . C ! 1 I I P.U.O. M.AST11R PLAN a{ .f_....ww.a.•...e..a.•..r It MM.,Ow, .•..••1.,W,__.da •••∎......t•..wu•w• 3 .,...•77.11 RN 11.017.1 1# ..Y Isom... 14...14•••• .age.an n n ler N°*_d,arx te«'.mar.m...11..+... i I 0.40111.011 LPkN P.U.Q. } . _. _. 1 Al Rodin Aasd ha auldli err...•mn. III w� i A•M PARK I� .-- " . -' ' MA•TLi1U ON<11.OPMUNT PLAN t� f e ' CPCHNUT H bnHnddl I d•! a ti 1 . „ ,,_,.j 1.li LAND UO/SUflNMAPY �. ` 66 f.I NI ar • ”" A-A YI t4n•gee . ' Vi•...... ~■ ...i.nd 1O.M 3..T a_1 R-! f- r, UM4nd PaI.M4r.4..4 411.1% 1A5 1 4 • Y.v 4 1 `•j ..... 113.0 113.4 J. : C•.11m......•vi. P....,. 1141 3.4 I /1 •ter l •.3..t• a� • -w+.aware, 1'L/ 3..4 1 ` t 4.11 1.3 i . %` - .•h"i' M�warww../YNMT AI.. •' ,1 ei 7Noitii„.......e. glit -or / . r •,I r�. j we cwm.. K11 /s.4 I^r';') l brwwlrlMr 3...0 •13.11 3..11 ' . ON.' ---' ' , 4 _f TOTAL Mass No.0 I � NN...fn.._+ ...N....... I MMM.r1.i iMi.,al"..+e.,r... -DsUMrlt11lh 1 / y..Y.Mr.Lake..dl.a.l 1:01::,„''''':41,-(-IT... ,(F,),-'''''' �h�yt ti�•1.•--L!.-. wa1Wf 0...1..1111 ( ` 4 �, .1 it.\ I }. 1 A-! +!- Men tam.Mfr mom C.w.o., 3.....M'' Y _ C..w_r n.�r�nJ..•y,..C...r Tl V 4 ` ` . w n i:4° t 11100.10.Ire WA/.4w.1.Y.lt► \,�� - M1. 0M0�. M...N n. ip �( 3...W........w...ex. NnM I.M.M.1 n iN.tlM.+W n 3....3.. ._Ina 4M.WY .....M .Fb + NguYw._-41.I..b/MS• -.a.. ,... . ........... — . D4W.Oaul.v4ro _.._ .—___ • d 1 R P.U.D. MAIITIIIP PLAN II • c' 0. •.M.N I.n L.1.•..Te...1N..r......1w. ...•red Sr 3..I....WIN ......M1 M1 a P..4.1n. A..1P1. 3.pWT re Ir•a../..1 W'',Itaz1iwe I.W.. znr...n1.M.w......n^3..... 4..NM• T..MNb W4 AMM.a. ' w e...W..r+.•.1 ....•.pINN. SECTION ONE:AMENDMENTS TO COMMERCIAL DEVELOPMENT REGULATIONS SECTION Subsection 4.3, Development Standards,of Ordinance 87-15,as amended, is hereby amended as follows: 4.3 DEVELOPMENT STANDARDS F. Access Access to Davis Boulevard from the Assisted Living Facility/Skilled Nursing Facility may be permitted at the discretion of the property owner. The proposed access is indicated on the Master Development Plan(PUD Master Plan). The final location and configuration of the access is subject to approval by Florida Department of Transportation (FDOT).An on-premises sign may be permitted in the access drive median on the bridge, subject to the Collier County Sign Code regulations and standards and further subject to obtaining a Collier County Right-of-Way Permit to place the sign in the County's drainage easement. I • INSTR 4788052 oR 4876 PG 2368 RECORDED 1/16/2013 3:50 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DO01.70 50.70 REC 527.00 i This Instrument prepared by and return to: Gregg R.Lehrer,Esq. Gray Robinson,P.A. 301 East Pine Street,Suite 1400 Orlando,Florida 32801 (407)843.8860 Property Appraiser's Parcel ID Number: Being a portion of:31-05-50.01-007 NOTE TO RECORDER: Documentary Stamp Tales In the amount of S0.70 are being paid in connection with this deed as required pursuant to F.S.Section 201.02. QUIT-CLAINLDEED THIS QUIT-CLAIM D \ fo; '' day of January, 2013, by TERRACINA, LLC, a Min ' lied liability = �'.) , whose address is 1107 Hazeltine Boulevard, Suite 0 Kaska, Minnesota 5-x 8 raptor^), to TERRACINA II, LLC, a Minnesota Ii rte 'liaiity dea�npanyj-whos= ad�ress is 1107 Hazeltine Boulevard,Suite 200, Ch ska/1 Minnes 18 "Grantee • WITNESSETH: that Gra to Qr, for aN4 ' 9070 on of the sum of Ten and No1100 Dollars ($10.00),1 r me tb,e receipt whereof Is hereby acknowledged, does heret ernise, release a q •cla' lotto Grantee forever, all right, title, interest, claifT a demand which It or in and to the following described lot, piece or pa nd, situate, lying'04 4n County of Collier, State of Florida(the'Property"), c � �,,' SEE EXHIBIT"A"ATTACHE ERElt CORPORATED HEREIN. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien,equity and claim whatsoever of Grantor,either in law or equity, to the only proper use,benefit and behoof of Grantee forever. 1 • •/45447191-1 4517234 v1 OR 4876 PG 2369 0 IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in our presence: TERRACINA, LLC, a Minnesota limited liability company By: JBGE/Terracina, Inc., a Minnesota corporation, Its Managing Member I ., ..Ze rte- By: &mature Name: Inn ['f-rv, rri�,e/u,n 43, ./c /-0' 1 V.,R CO e: Y;re fi.SIrle.n4 Print name L - • L4,4 ' . a ./haw LA o_. _�._ _.l.-t Signature st • K A 5t t� /1 vrirlf �'�;'� r 1 Print name ( i ti 1: 1 STATE OF MINNESOTA tl-;t '� COUNTY OF CARVER 1-� es.- T foregoi�ginstrument w- .k ::o,,i.;3t'a_ -0 d=fore me this 10th day of January, 2013,by 1` 11 � as 'ire Resider)* of JBGE/Terracina, Inc.. a Minnesota corporation, the Managing Member of Terracina, LLC, a Minnesota limited liability company,on behalf of the limited liability company. He/She is personally known tome or who has provided as identification. Sf ature of Notary Public ( 4s-ne_ b.VIH1 couk Vt) CARRIE i3,VILLANA (Print Notary Name) w btiaMinneso My Commission Expires: 1-31-(5 +�� ...atooia Commission fk (DI 441 441k AFFIX NOTARY STAMP • 1145047191-0 4517234 v1 ■ TERRACINA II ALL THAT PART OF TRACT B, EMBASSY WOODS GOLF AND COUNTRY I CLUB AT BRETONNE PARK, PHASE ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17, PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT B, THENCE SOUTH 89°56'45" WEST, A DISTANCE OF 466,06 FEET; THENCE NORTH 00°03'15"WEST, A DISTANCE OF 107.19 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 13.50 FEET: THENCE NORTH 00°00'00" EAST, A DISTANCE OF 19.67 FEET: THENCE NORTH 90°00'00"EAST, A DISTANCE OF 9.00 FEET: THENCE NORTH 00°00'00"EAST, A DISTANCE OF 49.63 FEET: THENCE NORTH 90°00'00"WEST, A DISTANCE OF 12.30 FEET: THENCE NORTH 00°03'15"WEST, A DISTANCE OF 261.07 FEET THENCE NORTH 72°17'15" EAST, A DISTANCE OF 51.80 FEET; THENCE NORTH 10°33'59"WEST, A DISTANCE OF 137.95 FEET: TO THE POINT • OF CURVE OF A NON TANGENT CURVE TO THE RIGHT. OF WHICH THE RADIUS POINT LIES SOUTH 11°53'58" EAST, A RADIAL DISTANCE OF 700.00 FEET; THENCE EASTERLY ALONG THE ARC,THROUGH A CENTRAL ANGLE OF 03°54'30", A DISTANCE OF 47.75 FEET THENCE NORTH 82°00'32" EAST, A DISTANCE OF 55.49 FEET: TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 368 00 FEET AND A CENTRAL ANGLE OF 34°58'52"; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 224.68 FEET THENCE SOUTH 52°21'01" EAST, A DISTANCE OF 50.02 FEET; THENCE NORTH 89°03'22" EAST A DISTANCE OF 77.24 FEET; THENCE SOUTH 01°10'04" EAST, A DISTANCE OF 670.47 FEET; TO THE POINT OF BEGINNING. CONTAINING 281,172 SQUARE FEET OR 6.455 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. • _ _ i p- 1 '• _ . 47 , AL, ‘ ..._, _.. :: 7 . •-, 7:: ! .3. - 1' i . • t::11# g 2 !,,,I,'.:.:.:. ,... 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AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) "tzi4000,440 .e C„„nl„,,, (print name),as " (title,if applicable)of Tcnnc91011•LLC (company, ifalicable). swear or affirm under oath,that I am the(choose one)owner] l applicant©contract 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 illmbestra transferred,evaluating the or request subdivided through subject application;It etbcondi conditions that and 4. The property restrictions imposed by the approved action, to act as our/my representative 5. wen authorize Almon,Outlet&Stu .�� 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 formal 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. _ _- 9hs/i Y _ Signature Date STATE OF COUNTY OF The foregoing instrument was sworn to(or affirmed)and subscribed before me on �!'�(date)by :1)44 8 G ,;5 rG}J (name of person providing oath or affirmation), as eS. , g.,-ray,N 1Z1 �(-C_ who is personally known to me or who has produced (type of identification)as identification. STAMP/BEAL Signature of Notary Public NICOLE IA MEYERS • " '• Notary Public • i a M+n 31 2015 ('i'1OS-CO 4-OOt IS\1SS REV 3/24/14 Detail by Entity Name Page 1 of 2 A Foreign Limited Liability Company TERRACINA II, LLC Filing Information Document Number M12000008955 FEUEIN Number 454050051 Date Filed 12/13/2012 State MN Status ACTIVE Principal Address 1107 HAZELTINE BLVD SUITE 200 CHASKA, MN 55318 Mailing Address • 1107 HAZELTINE BLVD SUITE 200 CHASKA. MN 55318 Registered Agent Name&Address NRAI SERVICES, INC. 1200 South Pine Island Road Plantation, FL 33324 Authorized Personisi Detail Name&Address Title MGR GOODMAN. JOHN B 1107 HAZELTINE BLVD SUITE 200 CHASKA, MN 55318 Annual Reports Report Year Filed Date 2013 01/30/2013 2014 04/21/2014 ioDocument Imaiges, View image in PDF format httn://search.sunbiz.orw Inauirv/CornorationSearch/SearchResultDetail/EntitYNamelforl-m... 8.28/2014 2014 FORE G'i .. '•� +ED LABILITY CO 1PA'iY A'.'iJAL REPOR• FILED DOCUMENT#M12(310006955 Apr 21, 2014 Entity Name:TERPACINA II LLC Secretary of State CC7822844106 Current Principal Place of Business: 1107 NAZELTIiNE BLVC S iffE 200 • CHASKA IAN 55318 Current Mailing Address: 1107 HAZELTINE EILVD SUITE 200 CHASKA MN 55318 FEI Number:45-4050051 Certificate of Status Desired: No Name and Addre.>s of Current Registered Agent NRAI SERVICES MC 1200 SOUTH PINE ISLAND ROAD PLANTATION.FL 331'41 US II*above rod aohty Submits this suteinenr for the purpose of chyle;ots Mend office or reost:red aient or both A the State of Ronda SIGNATURE I/ _ _ _ _ • Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 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 oejsonnel Prior to pre- apolication meeting._0104,50 allow 3 days for oroceesin_o. Not all Items will apply to every project. Items in bold type are required. FOUO 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) ❑ SOPA(SDP Amendment) ❑ Carnlval/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-Unpiatted) ❑ 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 Perm.) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached); TRACT B.EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK,PHASE ONE.PLAT BOOK 17.PAGES 47.49. SEC 6 TWP 60$,ROE 26E FOLIO(Property ID)NUMBER(e)of above(attach to,or associate with legal description if more than one) 31055001007. 3105504 04 1 1 STREET ADDRESS or ADDRESSES(as applicable, If already assigned) 6M DAMS BLVD.AND 6855 DAMS BLVD. �-- 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 unpiatted properties) PROPOSED PROJECT NAME(if applicable) L TERRACINA GRAND (EXISTING 5DP) 5t '6Anc ji■r?C (let(1J7ii+j ,10,1) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP_EL..-a or AR or PL#P12011-2701 PaD 84-r2 Pctt it ABC-53) K:12011t11-008548R Terra lne Grand LMU euiidrrng\Correspondents$\Documents\POhAddress Chklst Requast.doo coer county • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (2391 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 ® Emailed ❑ Personally Picked Up APPLICANT NAME:JAMES A. CARR, P.E. EMAIL TO:KIM.GRATTONAABBINC.COM PHONE:(239)597-3111 FAX:(239) 566-2203 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 -7r FLN Number(Primary) 316 C5 500 166 f Folio Number 31.0501/0 Folio Number -. Folio Number Approved by: Date: 7- // / t Updated by: / Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED • K.120i1111 4085-6R Terraana Grand LMU Building\Correspondences\DocumentslPDMLAddress Grids(Request doc I • 01‘--_'5 f-M 06 50-26 05-50-! / 04-50-26 -..' = ' / --,-.--...-2 • DA . ,,,_ , ,,,-A t- I 111 _ i ).- : ' spot tow'54 4; ..ROJEC T ill .—_,--- ------ it—, Ilk ___, , , .11 • ' ITE , , , 12-50-25 ' 10i — 019-50-26 , , 07-50-26 ___' 08-50-26 1 v, 49 4 \... 11 / ., 1,-----3 i / f ' lilt ' i . I 1 r ; ! --„r......, - / l_--.11_ _ 1 Mir ..... . ---" - i I ' _ , ,..1:_3 r, (' (—._, ■J ----,- 1 --- ,.,411, 13-50:„?'.4,a,, , F--T----) 7- .--11 lb, L- ,k * 16-50-26 , I 114'13-5°1_ ,_As, _., i. :7-50-26 1, \ 1 LI ' O — - ' -0—. EL°, tr,,,\_, ,,,,•-__J:,.., ..,. _...„. ,..„, . eE _ ....m: .1 --- 1 . R ,. ■ \ .-... 1 1 19-50-26 •.. \ C.' - 24-50-25 i \ ...K.-2,-, 20 0-2 -kV 1 \\ \ -e:\. ). 9 ,---.7 1 , , 21-50-26 -I-- te , . ,, ..„ ,,, .:\ I.,. .,A-- Ai , , , \ --- i , / , . -, , -meg , ..,, 1 I ---- ''-----__ , -----i; • LOCATION MAP N. T.S. A . I O W Z I N W a i_ , ' I I J • ' r 4 C U HF w alc * ' I o ai I II I { 1 i 1 1 t ICC 44 \\I v... 0 q; 608 V S k H d 1.0 14C et D W 0 I 1 -kr) gr-"'" --. i A 1 tc;"i 1 W 44C i 46 a in if- ::,53 : t E _,) 1 % i-4, i -- it LU o , : 1 , zu, g , g I I i. , , - , , / / ' _ QVOti MVO ALNt100 f .C1 Ale 310V3 N3'19 -- / . , y • I )TrebIIcoCk ., pleaniweneiaeeri®o Traffic Impact Analysis Terracina Grand Planned Unit Development Amendment (PUDA) and FDOT Driveway Connection • Collier County, FL 9/10/2014 Prepared for: Prepared by: Agnol , Barber& Brundage, Inc. Trebilcock Consulting Solutions, PA 7400 Trail B'vd, Suite 200 1205 Piper Boulevard, Suite 202 Naples, FL 34108 Napes, FL 34110 Phone: 239-597-3111 Phone 239-566-9551 Email. • I II Terrocina Grond PUDA-TIA-September 2014 • I I certify that this Traffic Impact Analysis has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. N o rrtan J. 4 .Y NOt, , Treb kali 6 9 Nam,1 eb fcock E 471 6, :t ! %ck Trebi ock' 'n.u"tn9: k". .A 4 MI 41 Z ock, nu treb coo— PPE 4 : . • fi 16 ;4•s7 ;pp 111 • Norman J.Trebilcock,AICP, P.E. FL Registration No.47116 Trebilcock Consulting Solutions, PA 1205 Piper Boulevard,Suite 202 Naples, FL 34110 Company Cert.of Auth. No. 27796 II Trebikock Consu Vng Sotuthom,PA 12 Terracing Grand PUDA-T1A-September 2014 • Table of Contents Project Description 4 Trip Generation 5 Site Access—Turn Lane Analysis 6 Improvement Analysis 7 APPENDICES Appendix A: Initial Meeting Checklist(Methodology Meeting) 8 Appendix B: Project Master Site Plan 15 Appendix C: Trip Generation Calculations ITE 9th Edition 17 Appendix D: Turning Movements Exhibits 19 Trebilcack Consulting Solutions,PA 13 rerracma Grand PUDA—nA-Sep!ember 20:4 Project Description • The Terracina Grand development is an ex:sting approved assisted v.ng and nursing home project consisting of 210 assisted ' v:ng units and 60 nursing home units. The Terracina G-and project :s located with'^ the approved Bretonne Park (DR` 86-2C—PUD, Co'lier County Ordinance No. 01-32), on the north s-de of Davis Bou evard (SR 84), approximately 0.75 miles west of Santa Barbra Boulevard in Co'l er County, Florida. From a zon'na standposnt, no add tonal units are proposed w th this zoning request, and the purpose of this anaiys's is to eva'uate the operat ona, impacts of the request for the add't'ona' dr,vewav connect'on. Refer to Fig. 1 — Project Location Map, which fo',ows a^d Appendix 8, Project Master Site Plan. Fig. 1—Project Location Map v 1 S • i 4 4 1 A 1 ' i 1 A i ii • Terracina Grand PUDA-TIA-September 2014 • A methodology meeting was held with the Collier County Transportation Planning staff on August 7, 2014, via email (refer to Appendix A: Initial Meeting Checklist). For purposes of this evaluation, the project build-out year is assumed to be consistent with the Collier County 2016 planning horizon year. The proposed development program is illustrated in the Table 1, Proposed Development Program. Table 1 Proposed Development Program Build-out Land Use ITE land Use Total Size Planning Code Horizon Year Assisted Living 254 _ 210 occupied beds 2016 Nursing Home 620 60 beds _ 2016 Access to the subject site is currently provided via a full movement median opening on northbound Glen Eagle Boulevard. The project proposes a new directional median access on Davis Boulevard east of Glen Eagle Boulevard. Trip Generation The project's site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9t" Edition. The software program OTISS (Online Traffic impact Study Software; Version 3.1.0.143) was used to create the raw unadjusted trip generation for the project. The ITE rates were used for the trip generation calculations. Based on ITE recommendations, no reductions for internal capture or pass-by trips have been taken into consideration. The unadjusted proposed project trip generation is illustrated in Table 2, on the next page. The ITE — OTISS trip generation calculation worksheets are provided in Appendix C: ITE Trip Generation Calculations. • Trebikock Consulting Solutions,PA 5 Terracing Grond PUOA—TIA—September 2014 Table 2A Trip Generation (Proposed Condition)—Average Weekday • 24 Hour Proposed Condition Two-Way PM Peak Hour Volume Land Use Size Enter Exit Total Assisted living(254) 210 occupied beds(ob) 575 31 30 61 Nursing Home(620) 60 beds 164 4 9 13 Total External 270 beds/ob 739 3s 39 74 Site Access - Turn Lane Analysis The project proposes to add a new right-in/right-out/left-in access on westbound Davis Boulevard. For more details refer to Appendix B: Project Master Site Plan. Davis Boulevard (SR 84) is under FDOT jurisdiction. It is currently a west-east, four-lane urban arterial roadway and has a posted legal speed limit of 50 mph in the vicinity of the project. As depicted in the Manual of Uniform Minimum Standards ("MUMS") for Design, Construction and Maintenance for Streets and Highways — commonly known as • the "Florida Greenbook" — a design speed 5 mph greater than the posted speed limit is chosen to compensate for a slight overrunning of the speed limit by some drivers. Based on FDOT Index 301, design speed of 55 mph — rural conditions — the minimum turn lane length is 350 ft. (which includes a 50 ft. taper) plus required queue. This section of roadway is under design and will be designed as an urban section, so future design requirements may change, which would be less stringent than the 55 mph rural design proposed. Turn lane lengths required at build-out conditions are analyzed based on the number of turning vehicles in an average one-minute period for right-turning movements, and two-minute period for left-turning movements, within the peak hour traffic. Conservatively, the Plans Preparation Manual (PPM) formula (Vol. 1, page 7-27), is used to determine the minimum queue length for the left-turn lane. Based on the PPM (Vol. 1, page 2 -88) recommendation, a minimum queue length of 50 ft. (2 vehicles) should be provided. For more details refer to Appendix D: Turning Movements Exhibits. • Trebikock Consulting solutions,PA 16 Terracing Grand PUDA—TIA—September 2014 Proposed Proiect Access—North Side of Davis Boulevard MR 841 The proposed westbound right-turn lane is 350 feet long. The project is expected to generate 14 vph inbound right-turning movements during the PM peak hour. As such, at the minimum, the right-turn lane should provide 25 feet (1 vehicle) queue. Proposed bridge connection may accommodate up to 125 feet of stacking. In addition, the right — turn movements will exhibit a free-flow pattern due to the lack of a sidewalk. As such, the proposed right-turn lane is adequate to accommodate proposed project traffic. The proposed eastbound left-turn lane is 400 feet long. The project is expected to generate 7 vph inbound left-turning movements during the PM peak hour. Based on the PPM—Vol 1, page 7-27, the minimum queue length is 12 feet, which rounds up to a single vehicle queue of 25 feet. As such, the proposed left-turn lane is more than adequate to accommodate proposed project traffic. Improvement Analysis Based upon the results of site access, turn lane analysis performed, the proposed turn lanes that serve the additional project access are adequate to accommodate projected • build-out traffic conditions. • Trebikock Consulting Solutions,PA 17 Terracina Grand PUDA-TIA-September 2014 I Appendix A: Initial Meeting Checklist (Methodology Meeting) (6 Sheets) • • • Trebilcock Consulting Solutions,PA 18 Terracing Grand PUDA—TIA—September 2014 INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply,or N/A(not applicable). Date August 7,2014 Time: NNAA Location:N/A—Via Email Peelle Attending: Name,Organization,and Telephone Numbers I) John Podczerwimslcv,CC Growth Mont Div 2) Norman Trebilcock.,TCS 1) Ciorian Malaesc .TCS Study Preswrer•. Preparer's Name and Title:Norman Trebilcock.AICP_PE. Organization:Trebilcock Consulting Solutions.PA, Address & Telephone Number: 1205 Piper Boulevard.Suite 202. Naples, Fl 34110;ph 239-566-9551 • Revlewedsl: Reviewer's Name&Tide:John Podezerwinskv,Project Manager Collier County Transportation Planning Department Organization&Telephone Number:239-252-5890 AUakant: Applicant's Name:At soli.Barber&Brundage,Inc. Address:7400 Trail Blvd..Suite#200.Naples.FL 34108 Telephone Number:P9-597-3111 fresoecd DereIUDment: Name:Terracina Grand—PUD Amendment Location: North of Davis Blvd.and east of Glen Eagle Blvd. (refer to Fia.11 Land Use Type:Assisted Living,Nursing Home ITE Code#: J.,UC 254.LUC 620 Description: Existing approved—ALF 210 emits and Nuraina,Home 60 units. Proposed PUD Amendment to include directional median owning.on westbound Davis Blvd. 2aniR¢ Existing:atmroved PUD Comprehensive plan recommendation:IJ Requested:' proval for proposed driveway connection Page 1 of 6 Trebilcock Consulting Solutions,PA Terracing Grand ALIDA—TIA—September 2014 f it t s t 4 S i • n Stud),Type; (if not n1 rna* ae. ,peratinil study) Small Scale IIS ►y Minor ITS ❑ I tiaiof TiS ❑ N • ;7 Terrocina Grand PUDA—TIA—September 2014 411111 Stud,Area: Boundaries:south—Davis Blvd..west Glen Ear!I_e Blvd, Additional intersections to be analyzed.,NA Build Out Year:m¢ Planning Horizon Year.2QL Analysis Time Period(s)r Future Off-Site Developments l_9 Source of Trip Generation Rates FM 96 Edition Redudlens In Trio Generation Rates: None:NA Pass-by trips.NA Internal trips(PUD): 1.A Transit use:N/A Other:N/A Horizon Year Roadway Network Improvements:2016 Metllodoiatry&Assau aptlaas:, Non-site traffic estimates:Collier County traffic cgua!ts and/or 2013 AUIR Site-trip generation: LUC 254,LUC 620 ITE 9°1 Edition Trip distribution method:engineer's estimate refer to Fug.2.on next page Traffic assignment method:proiect trip generation with background growth Traffic growth rate:historical growth rate or 2%minimum Project Turning Movements:engineer's estimate refer to Fie.2 • Page 3 of 6 • Trebilcock Consulting Soiutions,PA 111 rerrodna Grand PUDA-TIA-September 2014 4 Fig.2-Project Trip Distribution b} r 1 .., mod...., i r , z 441 tI"?‘, } ■ P I 1 t 1 i I 40 It A 3 I 1. r2 Trebiicock'Coi suft'ng Solutions,op Terracing Grand PUDA-TIA-September 2014 Saedal Features:(from preliminary study or prior experience) Accidents locations:Vim Sight distance:N Queuing:NiA Access location&configuration:ISIA Traffic control:$UTCD Signal system location&progression needs:N J Cif-site parking needs:SA Data Sources:CC lQI3AUIR:CC Traffic Counts Base maps:N Pnor study reports:WA Access policy and jurisdiction:NA Review process-NJA Requirements ti.A Miscellaneous: Small Scale Study No Fee Minor Std}-S750.00 Major Study-SI 500 00 Includes 2 intersection% Additional Intersections-5500 00 each All fees will be agreed to during the Methodology mein and must he paid to Transportation prior to tier sigat-off an the application. SIGNATURES Norman.TPt'.bLLCGC . Study Preparer—Norman Trebilcock Reviewer(s) Applicant Page 5 of 6 • Trebikock Consulting Solutions,PA 13 Terracina Grand PUDA—114—September 2014 Collier County • Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are *o provided below, Methodology Review-$590 Fee Methodology Review includes review of a submitted methodology statement,including review of submitted trip generation estimate(s), disnibubm4 assignment, and review of a "Small Seale Study" determination, written approval/comments on a proposed methodology statement, and written confirmation of a re-submined, amended methodology statement, and one meeting in Collier County,if needed, "Small Scale Study"Review-No Additional Fee(Includes one sufficiency rzcy review) Upon approval of the methodology review. the applicant may submit the study.The review includes• a coeicurtency de:m*1malion. site access inspection and confirmation of the study compliance with trip gcncranoa,distribution and maximum threshold compliance. "Minor Study Re_vtew"-S750 Feeilndudes one sufficiency review) • Review of the submitted traffic analysis includes:optional field visit to site,confirmation of trip generation.distribution,and assigimaent,concurrency determination.confirmation of committed improvements, review of traffic volume data collected/assembled, review of off-site improvements within the right-of-way,review of site access and circulation,and preparation and review of"sufficiency"canments/quesdone. �tnior Studs'Review"-$1.500 Fee(Includes turn intersection analysis and two sufficiency reviews) Review of the submitted traffic analysis includes: field visit to site, confirmation of tip generation, special trip generation and'or trip length study. distribution and assignment, concutrency determination, conlrmation of comntined improvements,review of traffic volume tau collected/'assembled,review of traffic gtowth analysis,review of off-site roadway operation and capacity analysis,review of site access and circulation.neighborhood traffic intrusion issues. any necessary improvement proposals and associated cost estimates,and preparation and review of up to two rounds of"sufficiency" comments/questions and/or recommended conditions of approval- "Additional lnterseetlem Review"-SS00 Fig The review of additional intersections shall include the same parameters as outlined in the"Major Study Review"and shall apply to each intersection above the fiat two inersections included in the"Major Study Review" "Additional Sulhtdetscv Regimes"-SSOO Feel Additional sufficiency reviews beyond those initially included in the appropriate study shall require the addihu oat Fee parer to the completion of the review. Page 6 of 6 • Trebilcock Consulting Solutions,PA 14 Terracing Grand PUDA-TIA-September 2014 Appendix B: Project Master Site Plan (1 Sheet) • • Trebiicoxk consulting Solutions,PA � 15 Terrocino Grand PUOA—17A—September 2014 t, , • 9 4 ` N x .. ,, X ��- liier 4 I 4-...,.. - . i '': .,. . 7Hbro,, II _ , I- , . 1, : ,...:-...„.; • .......14.0.;..- fir: ,... , . . . .... , .... , ..,,,,,, . , • 3,, . 3 r' '• ^" 1 1 t, *Ile .. ` ' 477-7,1,4', ,,', , ' *Pi - - : ' '' 1 4,; • Trebiicock Consulting Solutions,PA • Terracina Grand PUDA-TIA-September 2014 • Appendix C: Trip Generation Calculations ITE 9th Edition (1 Sheet) • • TrebiIcock Gonsuiting Solutions,PA 1 17 Terraclna Grand PUDA—TM—September 2014 Mint Now TenMneOretd-PrpondCadlions N,: r 111)Mr S #2014 City Ilrebhorolace: Weeds'Cod,: t Csontly: Client Nano: , Analyst s Namur Mho: Ith Daily P9111*w Lard use t lte Enby Ed qty Eta 254,ALAIM thing 210 t" 298 287 S7 30 Red rdlan 0 0 0 0 Internal 0 0 0 0 Frisby 0 0 0 0 Hanlon-by 288 297 31 30 CO•NrnMM Hama 60 rn 92 82 4 9 Relpctien 0 0 0 0 Internal 0 0 0 0 Pass-by 0 0 0 0 NS PI rs,but 82 4 9 Total 370 369 35 39 Taint Rsdrrmen 0 0 0 0 Tent btaeflnd 0 0 0 0 Tetat Pass* 0 0 0 0 TeW NeaMpeseary 310 368 35 39 . . Pmect*tarn. t.roans Gis,d-Purposed'ondrban. Melva s Nerve Dal I Land Use m*pa der4 Variable site Um Period Method Entry 1'>dt ToW 4 Ms b w ds • 210 Nessdty • A.ersso • F7 Asnsd Ocp+08e Loring 6 214 Z88 287 575 Q Nun • 80 Weekday • /Mx age • 0 1 Nursing Mods Hato t 74 82 82 164 i f i ._..- -- r.,..o.-.._ 1._.,._ "-----`-- '-J-.�tti Pray Name Tencros trend-Proposed COMNars MAW,Muss PM Pk Mr l Lend Use krekp+rstsnr vsAsMs sts. lime P'ukod NMdnad tray tot wat Q ZSe Peak Hour s *snipe • 0 h4. ��cr deC X60'. • •Yleedey 1.hMg O;a Q 020- , Nursing M • 60 NNakday Peak Hour Alerege r Moms 0 27 .e 4111111111111.1.11111111111111111111111.1111111111111.1.1111111MMMIPIPMPaik • ToebitcoCk Consulting Solutions,PA 1 18 • i Terracing Grand PUN-TIA-September 2014 I Appendix D: Turning Movements Exhibits (2 Sheets) • Trebflcodc Consulting Solutions,PA 119 • Terra Grand PUDA-TM-September 2014 • • Trebiioock Consulting Solutions,PA Terrocina Grand PUDA-TA-September 2014 410 {...... _ ___ .......-.*, ...,....... 7 , 41.11/ppsikaNONIO,,,,,,—..=71.1,.......0.........Ms...-..-../.1.......r.,..................11 i I 1 ii E i Ltar,,,,, ,',.var...0fteminkammonmaill1111111•110111•11111110MrslongssawrorallimM.MonsorzweimsWOMM VONNIMMIIIIMOINOW.00000.11■40.40/0.10•01/1Krermes o • Trebilcock Consulting Solutions,PA , S W FRPC Southwest Florida Regional Planning Council • Nam 1928 Victoria Ave,Fort Myers,Florida 33901-3414 (238)338-2550 FAX(239)338.2588 www.swtrpc.org 9mfxeve August 1,2014 James A.Carr, P.E. Agnoli,Barber&Brundage,Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 RE: Bretonne Park Development of Regional Impact Notice of Proposed Change—Interpretation of Need Dear Mr. Carr: I have received your request dated July 22, 2014 formally requesting an interpretation for the • need of a Notice of Proposed Change (NOPC) for requested changes to the Bretonne Park Development of Regional Impact (DRI). The Bretonne Park DRI is a mostly built out, residential/golf course development that contains existing Adult Living Facilities (ALFs)on the site. The Bretonne Park DRI community ;s located of Davis Boulevard, east of the City of Naples in the central part of Collier County. The applicant is requesting a confirmation that an additional access point from the subject site onto Davis Blvd (SR84) from the AFL/SNF parcel does not require a NOPC to the existing DRI. Currently, a note on the approved Map H of the DRI states that the proposed access point on to Davis Blvd. may be permitted at the discretion of the Deve'oper and subject to approval by the Florida Department of Transportation(FDOT). Council staff has reviewed the proposed access point shown on Map H (see attachment) and finds that the subject access does not substantially affect any State resources or facilities. There are no wetlands on the property and the future development site has been previously cleared. On March 10, 2014, the applicant had a pre-application meeting with FDOT and there was no objection from FOOT. Based on the new information submitted ror review, the Council staff continues to conclude that a NOPC will not be necessary for the following reasons: 1. The proposed change will not result in any net changes to the overall density or intensity of the approved land uses in the DRI: 2. The proposed change will not have any increase in environmental impacts and no wetland or any other environmentally sensitive lands currently preserved in the DRI will be affected: 3. The stormwater management system that has been previously approved and constructed in the DRI will not`'e changed; and 4. The proposed change will not produce and substantial impact on the regional transportation network. Based on the information submitted by the applicant and an analysis of the proposed change being requested, Council staff finds that this request w II not create a reasonable likelihoml of any additional impacts not previously reviewed by the regional planning agency. Additionally, given the evidence provided, Council staff finds that the requested change is in accordance with 380.06(19)e.2.. F.S. which states: "The following changes, individually or cumulatively with any previous changes, are not substantial deviations." Sections a. through 1. identifies the types of changes that are not substantial deviations to approved DRIs and Sections i. and k. specifical;y states. 1. Any renovation or redevelopment of development within a previously approved development of regional impact which does not change land use or increase density or intensity of use; and k. Changes :hat do not 'ncrease the number of external peak hour trips and do not reduce open space and conserved areas within the protect except as otherwise permitted by sub-subparagraph J. The Department of Economic Opportunity in the past has found that these types of changes because they are minor and do not increase regiona. impacts or negatively impact regional resources or faciities,do not require NOPC review :n an attempt to streamline the process. Should you have any questions concerning this matter.please do not hesi'ate to contact me. Sincere:y. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIi David T.. Crawford. A,C Princpai 'lanine-'DRI Coo: :' a'a.- decD::C S I ; . It 0 Mt ohlrf,I. P.U.O. i eu 110140e Rood .... .. . ...... ...„...,....p., ___...„ r; '' , •. ....r,,I -6..........:7_, 1........ r 1 1 Bair° E ' ,) ---'----------''''''.■■.■..■.".. *--'t i . , *Amorist nurvo.eamoorr ALAN )., ;4 h., t ..`i : swatter M4 ti../0/0000 ''A....1..0'` .,,,,, ,,....,,,..,•,..10,. . fo•lor ...■J., I \ 1 . ‘ ,-w• • 4.. ' .1' -, ,-,, i 1....-N 0 I 441 .14#1 A - ..1' r 7:I • e ' . . (J ..... ........‘,...... _ , .. ..r-.. , 11 • ..7 • „rer't.""2::"” ei ..,„ ....,- . . , .....,.., .... v., A . . .....- .0,- t ... - ..I ■ . N ,/ , '-'' • 0 A , 1 ' -, , 1 / ..., • ... ... .. ....r 1,. .1, • .:., .... . .,4,.. .. ... . wl 'I •••' 7 " ,--''-°°-1/4..., / / 9 I ".._ .,• , . .--..s.'". i '7.. ..-• --..- A4, ! ..e. . ..:y .,...-77110...., .".- -'• 4 c _ .•% -" - kk,... . ......,■,.... ' ',N.."■-,:nl_'°°'A'N • e 1 r 1 a0. ._. ..... -. . —. — ...J.., ...-. ........k..... - Dew a 150tora.v. ■.,.otvi . . • ■ Jane Eichhorn From: StrainMark <MarkStrain @colliergov.net> Sent: Wednesday, September 3, 2014 10:07 AM To: Jane Eichhorn Cc: Jim Carr; SawyerMichael Subject: RE: NIM Waiver Request; PL20140001440 I have reviewed the first review letter for the referenced PDI. Pursuant to LDC section 10.03.06.H.2 as amended by Ordinance 2014-63,the requirement for a neighborhood informational meeting(NIM)is waived. The change requested is insubstantial and limited in scope with minimal, if any, impact on adjacent properties. Mai-k' 239.252.4446 Under Florida Low, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Jane Eichhorn [mailto:jane.eichhorn @abbinc.comj Sent: Tuesday, September 02, 2014 2:56 PM To: StrainMark •Cc: Jim Carr Subject: NIM Waiver Request ffr.Martz Attached is a HIM Waiver request for the'PDI appLicatUo4 for the •retowint Park Pi-&D. if thou have 010.1j questiovts please do mot hesitate to covctact either wajseLf orj%vu.Garr.JLw. s the Project Mavoger for tk Ls project. Tha4iz toou.vt.ti:ch. Jane F.. F.ichh n • Business Dec rlOtnnent Agpcoli,Barber 6 Bnucclage,Inc. 7400 Tam lami Trail N Naples,FL 34108 Telephone (239) 597-3111 ill Fax (239)566-2203 2 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 supersede any requirement of the LDC. For specific sign requirements, please refer to Section 10.0300 of the LDC. I. 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 I ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, Ph RSONALLY APPEARED 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 SIGNATURE OF APPLICANT OR AGENT STREET OR P.O.BOX NAME(TYPED OR PRINTED) CITY,STATE ZIP ft STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this day of 200 , by ,personally known to me or who produced as identification and who dididid not take an oath. ,-.., ;j . ANDREA mCERSON N Signature of Notary Public':.••ill '•. MY CO MtISS,Os t EE 09784 - E7tP'R3S:Aicuai 17 2C1t x.,, r. 8pndrdTwNC+-0.,iCLraw .ti Printed Name o' Notary Puhl.c 0 My Commission Expires: (Stamp with serial number) 1 I F 1WebsdeSAFfIDAVIT AND SIGN POSTING INSTRUCTIONS 5-2-05 doe I K ` • , . R . 9 .� f,. , ,ter E � s ' - ''''''!t''''''....-ik71'-!;;gJII!'iiitt'''';,:1':::::,!*''''-'47it'',4 :',S,1::4';::'4:* ' i e -''',I,',:,.,''',I'''-'::f:::',::;7'-i''''''''''''''''';i14:1$!,::::':-.''1::::..:::::.'C''''t,';','`.';'"i':1;'::;:;;41iiii:7',f74''' ' ''41'.?''''S.::77 :"91i*It: 1-':'4U;1;f:',.-ii"?414,k 0. -Att'''''''i'l44::S4i' ' M w t-4 '14% M \" y $ y 1 i '`� 2 « ` #' y ' ° {i ', K 'P j . ., I'/-,t1:1'''''' '''4 : ' 'le,t p! k w ,:-' < t" 0 : . r , _ '� ,R %;<. * f t 4 } • t,' tat a; � a iy ,ya „* ' r tF e ',t _, ..try ,, - - i--4x ' ,. .. a ,� � �'- * y' ,' ' �, s t s+ .r ,, • t• ''4,-.'-' -1,74,`"„..—!;4'. ' -4,,,4 '‘,---„„I:. . ..t"* ▪ f : , #a' ,dY- '.'",t '"Als,' li:' , -'4'..; Vt-',.- ,7%,t,. ',- -'1-' -`, ''t ,:t*' ,At 4',:‘, :T.,*--;;)1 ' '"4"'Ill':74111I e ^* • a• .l f 4 if C i , a f +54_ -'S I. 47'4.,, 144,i,--.,1,-' ".—..... 4i IP i7.-. 17.- .7,*"«'..14,1‘ - '*-'' Att 401 t c. ' may. ,, s. ,-'-4;,.t, ,o.".4. , -t. ' tt.‘„.,,--Irioo‘r. .4 <'.1 - 4 i tea ' ' fI 3 , " i x a, tt _ w„ w qi „xi e. • *, r e' , +-.' 4 4, atit"...4•4;4-44. ,.. >. . ., , • . . rt N -Y .yt.x s it .Ct G=0 4.. U . 0 C=3. G.% `" " • cc cu.., �~ 'i... b.::"..„1,,... . - ,-. -.,tit. , -„�'„ '�;. j' }. ';. .@ - ^ :/' 'ems ,M. '3G "`.+ 9 . - ' -4-.-..., . --,',,`.. .-- -Ir.,. MG R' a3 aXEgY py4y. T �. n' � h ,,,,iiiiv r. ,,, _ . r,,ts. , ,s- k i .,,. . . ,.. ""..*::- ''. , ,, ,. . • .. , ,,,,, � u d . .a � Y J. . t ` A �� } -, r .0 t ` fit_ .i...- .iciiiit......joire , ..,,. :. [. � ' Ufa y�y {�' (y' M c to- '. , "TSB' t f.. v it b ''."}•'�, '., ice.' a do r..a ..: QC 4O d v ; , c.? zFa O �7 w r� (...:;,,,,z LL . re vas ? -i: co �7 ar.rr., <S = m ,.,.. .-- x C5 . t , y wu.ew.. C9 ... Q cc ew"r u — G. (I) ►--- r (..) * . +IY .. .- ,k(: - Vii, F :g_ S d ter . , .. ., . _ p'Y Y' SerkP5MU .r5 Lekoe - —� trwat A. .riot_ . — -- _j�R., •ilL= •T__ - - Bed o Reed ,tem.,i.... BRE TONNE -S PARK . !,� e i l • i ,, MASTIFF*OUVSLOPMINT P LAN EXNISIT N[amended?{7. ; N f. i`' , - \.• e '1'+ „ LAND Uea SUMMARY 999 a . W Of 1 i i Lana w• *Iwo ew• 11 � 1 r! i tl, Weawaa 10.11 a, w•B p. ' Upland Mrk,O►•n Ora.. -4�5 14.e .. ♦ 1 115.0 10 e % Ir. ' r ' 1 1 ' f ` t' >' , .... • • I' w.Na.ntM 5it.r .0.111.7 .1.9 .:.1•.•.•,•99., • Nrwt• 111.5 e.4 FF-JA• MNM•n•ne./tbklkv Ana e.5 1.3 '� . � ONE Cauca. 151.11 151.11 ,5 e 4 - o.mn m. wnitr 0.nt•r e 3.5 ,, P° � A i TOfei. as5.e 100.0 .A •Vountryeldi }t[� elf ✓ I p-1 lee.•k•Mr.4e1MM e.U.nl I l artn 1,. ., I. aaatulnnls 1 f p-B •caw..wl..,*Ow' +••M•I•••.nr. •ret w I,•e.... sea..1+000 %/ UnI11o•en • • F y'^ "L".ltr 111 c 3 w.,,.e«a.. A.n e••••l e.«■ ' i t$ 7 , - ew.x/A.4.0. MIVWWs i*.onn - i.- . ' r' ( '1 I Ian,Nam!11MW.fa,1t intro1fl0," V !- Ti Can.munl.v C.n%sr l••I.5^ee•.I •••6•1 VW... ., •• 0 K..Y�.q.n i eww ew«I_ - _� e•, • r _ NN tin.. 1311C Jn'4 Soma D.wItY___—11.lNlta lam• rNI 5.51•• �... 'W _ , .r ._..o e0...aryl.se•wen. Oavi.Boulevard 1 i e EXHIBIT B ]r B P.U.D. MABTSP PLAN O1 0 •.w•w raw tSr...r.MnN•e1 of 51.11.5,Ina iI w..ru k1.WM•.,on•r.e•nten,5.11 5 Mt.ln. { re.•M WC•5•rle ..*01055,01 9 s 1 ",. .• ,tae�'e [.an1.,Cow, .n Y r.1v1.Fn,.wea •we• • t•vn•MS w5 awe.es• Exhibit B i 1 7,:.:3 • R4 -4!� RESOLUTION NO. 99- 71 DEVELOPMENT ORDER 99- BRETONNE PARK DEVELOPMENT OF REGIONAL IMPACT A RESOLUTION AMENDING DEVELOPMENT ORDER 88-1, FOR THE BRETONNE PARK DEVELOPMENT OF REGIONAL IMPACT i'DRI") BY PPOVIDING FOR: SECTION ONE TO AMEND PARAGRAPH 4 OF THE FINDINGS OF FACT SECTION TO DELETE THE REFERENCE TO THE COMMERCIAL LAND USE DESIGNATION AND ADD A REFERENCE TO AN ASSISTED LIVING FACILITY/SKILLED NURSING FACILITY WITH ANCILLARY USES, TO AMEND PARAGRAPH 3 OF AN UNTITLED SECTION TO EXTEND THE BUILDOUT DATE, TO REFLECT THE ADDITION OF AN AMENDED MASTER DEVELOPMENT PLAN, AND TO REFLECT THE ADDITION OF THE AMENDMENT TO THE BRETONNE PARK PUD; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier • County, Florida, adopted Development Order 87-2 (the Development Order) on April 7, 1987, which approved a Development of Regional Impact (DRI) known as Bretonne Park Planned Unit Development in accordance with Section 380.06(6), Florida Statutes; and WHEREAS, the Application for Development Approval (ADA) was superceded by Development Order Number 88-1, on August 23, 1988, in accordance with Section 380.06(6), Florida Statutes; and WHEREAS, submittal of the proposed changes was made to the appropriate public authorities: and WHEREAS, the public notice requirements of Collier County and Section 380.06(10) , Florida Statutes, have been satisfied and notice has been given to the State Land Planning Agency, and Southwest Florida Regional Planning Council; and WHEREAS, the Application for Development (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit 'A', attached hereto and incorporated herein: and Words struck hrough are deleted; words undexitaad are added. 1 -1- Exhibit C WHEREAS, the John B. Goodman Limited Partnership (the "Developer" or the "Applicant) proposes to develop a 210 unit Assisted Living Facility, 60 bed Skilled Nursing Facility, with ancillary uses, on the 11.5 commercial tract of the Bretonne Park Development of Regional Impact (the "Proposed Development") , constituting a substantial deviation of the existing multi-use Bretonne Park Development of Regional Impact under Chapter 380.06(19) , Florida Statutes and requiring an amendment of Collier County Development Order 88-1, as amended. The legal description of the Proposed Development is set forth in Exhibit "B", attached hereto and incorporated herein; and WHEREAS, Wilson, Miller, Barton and Peek, and Ruden, McClosky, Smith, Shuster & Russell, P.A., representing the • Developer, the John B. Goodman Limited Partnership, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPCJ, the State Land Planning Agency and held on December 3, 1998 a public hearing on the petition; and WHEREAS, the Board of County Commissioners of Collier County has held a duly noticed public hearing on the Substantial Deviation Approval and has reviewed and considered the reports of the SWFRPC, the State Land Planning Agency, and the Collier County Planning Commission and the documents received in connection therewith and held a public hearing on Developer's petition one' / and WHEREAS, on December 8, 1998, the Collier County Board of County Commission duly adopted Ordinance 98-//,g , which amended the existing Bretonne Park PUD Document which provides for development of the proposed development; and WHEREAS, the Collier County Board of County Commissioners have reviewed the above referenced documents, as well as all related testimony and evidence submitted by each party and members of the general public; and Words struck through are deleted; words underl nPd are added. I -2- WHEREAS, SWFRPC, the State Land Planning Agency and Colli r County have found that the Proposed Development does not create any additional regional impacts; and WHEREAS, approval of the proposed development necessitates certain amendments to Development Order 88-1. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER A. Paragraph 4, of the Findings of Fact Section of Development Order 88-1, is hereby amended to read as follows: 4 . The applicant proposes the development of Bretonne Park Planned Unit Development for 333.48 acres which includes: 11.5 acres with a maximum of 13}r ":"2-2-11C-L1itv tni s and 60 O (FAR)nOt to yr,e,a factor of p� 1,380 dwelling unite on 138.7 acres, and approximately 145.4 acres of other uses including parks/open space, eighteen (18) hole golf course, wetland preserve, and lakes. B. Paragraph 3 of an untitled section of Development Order 88-1 is hereby amended to read as follows: 3. This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within Ia2 dava p Sour vr+arg �i an - _ _ of the adoption of this amea,d.e4. Development Order amendment, development approval will terminate and this dQevelopment eQrder shall no longer be effective. For purposes of this requirement "significant physical development- does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board. of county Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. C. An Amended Master Development Plan dated July, 1998 is attached hereto as Exhibit "C• and by reference is incorporated herein. Words are deleted; words undesli.aed are added. -3- C. The Bretonne Park PUD document referred to In Development Order 88-1, is amended by the Amendment to the Bretonne Park PUD Document, Ordinance No. 98-// , attached hereto as Exhibit 'D" and by reference incorporated herein. SECTION TWO: FINDINGS OF FACT A. The proposed change to the previously approved DRI exceeds one of the criteria listed in Subsection 380.06(19) (bl , Florida Statutes. B. The applicant submitted to the County, the Regional Planning Council and the State Land Planning Agency Form RPM-BSP-PREAPPINFO-1, said form being entitled "Pre Application Conference Document" and related material, as required by Chapter 380, Florida Statutes, which application was duly adopted by the Southwest Florida Regional Planning Council as the Application for Development Approval. C. The application is in accordance with Section 38C.06(l9) . D. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC, the State Land Planning Agency, and Collier County. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments, the State Land Planning Agency and the SWFRPC. Words struck through are deleted; words underlined ?re added. -4- 1 4 ; F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. G. No increase in development intensity is authorized by this Development Order 99. SECION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved • Development Order constitute a substantial deviation but do not create any additional regional impacts and do not require further Development of Regional Impact review. B. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. E. All commitments and impact mitigating actions provided by the applicant within the original Application of Development approval and supplementary documents, the pre- application document for this substantial deviation, or existing permits issued for the development of the project are officially adopted or readopted as the case may be as conditions for approval. words struck through are deleted; words underlined are added. -5- k �E SECTION FOUR: EFFECT OP PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 88-1, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order 99- / shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board, This Resolution adopted after motion, second and majority vote. Done this /1 day of4S2g . , 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1 attest as v, Gtul moan's L66( di; signature only. ,f ' Ch. irman ATTEST: ;DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency c."• ]!i . Marjdrie M. Student Assistant County Attorney 9IDOA-9fi-) Words struck through are deleted; words underlined are added. -6- 1 / = Legal Description The west 1/2 of Section 5.Township 50 S.Range 26 E,Collier County, Florida.less the north 50 feet for right-of-way of Radio Road (SR S-858) and less the south 75 fact for right-of-way of Davis Boulevard(SR S-856). • Exhibit A I h 7M4•$Vr iil.lrypooLo • Legal Description Tract "f3" Embassy Woods Golf and Country Club at Bretonne Park, Phase One as recorded in Plat Book 17,Pages 47-49 of the Public Records of Collier County Florida. Exhibit B • nny4*-~V.01r.wA.1104X4) AWw- • ••. 1 ._..,.�• .. '••J.41 .. iw ALA•..1�...«• I •!•;�� ar• TONNE , '. All4lita a•a ALL.-. = - • • r ii I I • 4 J. 0., J M- M...•a.........•■RAN ,1 r"' f I + '\_ 1 �O u.ew a..w.�ar .1, j N.. •, •'ti .. •.. ., •-I-.re ••0 . - 11-. � a � �rr...M; ' -�• o � � ■ ... I dillAtimplit i'l I 3(i .•1 /i ..• .1 4‘1,\ • ;d:: .)74',1101:0. '..............^ le, -...1. : ............ Iii t Moo ..i` �/ ........A ..rc 1 1 ••111 NMI _ _.,.I -tom= I ORDINANCE NUMBER 98- I t 2 1 '" f?��4 J.3 AN ORDINANCE AMENDING ORDNANCE NO.87-IL AS AMENDED,THE BRETONNE PARK PLANNED UNIT DEVELOPMENT,BY AMENDING SUBSECTION 2.3, PROJECT PLAN; AMENDING SUBSECTION 2-5, PLAN APPROVAL REQUIREMENTS; AMENDING SUBSECTION 41, USES PERMITTED; AMENDING SUBSECTION 4.3 DEVELOPMENT STANDARDS;AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS,on April 7,1987,the Board of County Commissioners approved Ordinance Number 87.15,which established the Botonne Pat Planned Unit Development;and WHEREAS, on August 23. 1988, the Board of County Commissioners approved Ordinance Number 88.67,which amended Ordinance Number 87.15,the Brctonne Park Planned Unit Development;and • WHEREAS, on February 28, 1989, the Board of County Commissioners approved Ordinance Number 89.10 to correct scriveners errors appearing in Ordinance 88-67;and WHEREAS,D.Wayne Arnold of Wilson Miller,Barton&Peek,Inc.,representing John B. Goodman Limited Partnership.petitioned the Board of County Commissioners of Collier County,Florida.to amend Ordinance 87.15,as amended,as follows: NOW,THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County,Florida that: SECTION ONE:AMENDMENTS TO PROJECT PLAN SECTION Subsection 2.3, Project Plan,of Ordinance 87-IS, as amended, is hereby amended as follows: 2.3 PROJECT PLAN A. The Master Development Plan for the project is indicated on Exhibit H. - and is an ituegral past of this PUD document. A reduced version of the Master Development Plan is attached at the rear of this document. Elements of the Master Development Plan include: J and Use Arcs Streets 21.2 Residential Sits 138.7 b'' v 7 Soaawaw Assicred t ivmgFaeility/ 11.5 skilled Naming Facility N r 4' rn_ , Lakes 35.0 Upland Recreation Open Space 48.3 c)44 ,., • Wetland Preserve 10.3 73). c, MaintenanceAitility Area 4.5 )."1 °t Golf Coarse 51.8° Coumsunity Center 12.2 . Total 333.5 E-CHIBIT"D" �r +.eww,w•,ras Nerds wand we we is-Nrw -chnesh art deletions, —denial danwaas 1 ;. 41+ 'Approximately 13.4 acres of this total to remain in native upland habitat, with selective clearing,filling and exotics removal Project development shall conform to the approved Master Development Plan in general and to the approved Subdivision Construction Plans. Modifications to the approved Master Development Plan of up to 5%shall be permitted to accomn►odatc changes required by State or Federal permitting agencies. SECTION TWO:AMENDMENTS TO PLAN APPROVAL REQUIREMENTS SECTION Subsection 2.5,Plan Approval Requirements,of Ordinance 87.15,as amended.is hereby amended as follows: 2.5 PLAN APPROVAL REQUIREMENTS A. PURPOSE The Master Developmattl Plan indicates the basic nature of development permitted for the project as a whole,consisting of single family residences on individual lots, low-rise attached and detached residential units of various types,golf counts,lakes, wetlands,and recreational open space, and i art misted IivirtgJAkilltd nursipe f]Gijily_and atseilla•y ,.r., Recreational buildings and facilities of various kinds may be established in the area indicated on the Master Development Plans as Community Center anal P.ecrcationat'Opcn Space,either as a pan of the initial development improvements or at a subsequent date. Actual development of project infrastructure, residential units, recreational facilities, and the neighborhood shopping center will occur in a series of increments. The purpose of the plan approval requirements is to provide a mechanism foe the county staff to review detailed development plans for the project development increments and to determine if the development increments and the detailed development plans comply fully with commitments established by the P.U.D. document, D.R.t. Development Order,County Zoning Regulations,and all other applicable standards and regulations. SECTION THREE: AMENDMENTS TO COMMERCIAL DEVELOPMENT REGULATIONS SECTION Section 4, Commercial Development Regulations, Subsection 4.2, Uses Permitted,of Ordinance 87-15,as amended,is hereby amended as follows: 4.2 USES PERMITTED No building or structure,or pan thereof,shall be erected,altered,or used,or land used in whole or part,for other than the following: A. Principal Uses: . w r.aau.Wrgsa Words anderrusest Widow;armies ace deletions. • living facili shall contain a maximum of 21Q uni•1nd the killed U H . .1 . n . .1 a u . .J .,. is I I I I sweet to he F A R requirements established in Section (+ 6 of th Land Development Code, 2. Maintenance/utility site. B. Accessory Uses: 1. Customary accessory uses and structures. 2. She assisted living .1'� I,. •{, ...�•.- •� 11 •. . .5% retail/personal service facilities such as sundry shop gift sp.hair r ser_dry 1 Bing home heath care services and other similar use, SECTION FOUR:AMENDMENTS TO DEVELOPMENT STANDARDS SECTION Subsection 4.3,Development Standards,of Ordinance 87-15, as amended. is hereby • amenderd as follows: 4 3 DEVELOPMENT STANDARDS • A. Perimeter Setbacks ".'ay. w 33-fia-wih► L Principal Structures FrontYar& Davis Boulevard gB: Fmhassy Woods Roulevard ir' Side Yard: Abutting utility Sitc .LL L Aeeessnry S m.rea &staL nadd; Davis��..,� 13Q Embassy Woods Boulevard 2i Side Yard; .N'I6 w.•..NM..a.4a Words Wand are 3 ;through arc dctttioaa. 0101111110**MN MX E. Building Deign Guidelines_ Buidintti shall f tur_re similar exterior design element. which s`*e SECTION FOUR:EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of Stnte. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,tide "t:L dav of 1998. -- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA BY: BARhARA 8. ERR CHAIR. I ATTEST: '.•• • ''bW1GITT"C;13ROCX.CLERK Attest Ai tO .� 'Igniter( anlb •APP,f 23 D AS TO FORM AND LEGAL SUFFICIENCY: c• MARJORIE M.STUDENT I oft' ASSISTANT COLLIER COUNTY A i'TORNEY r3`�c Brctoane Pak PUD Amendment Ordinance/Disk A Gww+1 •a. Waal s o dbud srs eddying enwisssss&duosel us doktior.s. •— wuwa.rssier Pima.�r ..- •� _,�, 0 8RE TD�i/I�l g7J1J t is i 4,-1,1 -� 1 a 7047.1 •a7 f it I( ,....„,,—... N. l) d/c:e . 5",..fil. 1 ft..r .v ;1241. ''. 711:''' 411‘41 ...........a.•••■ was_. te ,. - 0 Ili 41 . -ii,..".... (D )41 •.Pier ...• w IJJIt s... gt....., , ),. M, ,..._......... 10., " -`1 ter ~^•.• i ✓0.� •T7 tir=— L! G ••.••�� •r.�.�ll . P t.AflNIN F`ft . SV+GE; B JJJ -- �•....r. 1 .""..• •.e.�.y.ti, P tf n 8 a 1 �....w..•rrm..• •w +..r f0A98 .. ,j I . . • 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. 98-112 Which was adopted by the Board of County Commissioners on the 8th day of December, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 11th day of December, 1998. �. .�. _ • DWIGHT E. BROCK �' n ' Clerk of Courts an0lerIc;,'' ' Ex-officio to Boar4,.'of r `1 County Commissioner9'• ,1_ ,;'4 ,::� By: Ellie Hoffman, {'N ��' Deputy Clerk 12B4 - 5 January 14, 1999 Mr. Steve Atkins, Planner Development of Regional Impact Section State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Re: Development Order 99-1/Resolution 99-71, Regarding Bretonne Park Development of Regional Impact Dear Mr. Atkins: Transmitted herewith is a certified copy of the above-referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, January 12, 1999. Very truly yours, WIGHT E. BROCK, CLERK Lisa Steele, Deputy Clerk /las Enclosure 1284 II January 14, 1999 Mr. Daniel Trescott DRI Coordinator SWFRPC P. O. Box 3455 North Fort Myers, FL 33918-3455 Re: Development Order 99-1/Resolution 99-71, Regarding Bretonne Park Development of Regional Impact Dear Mr. Trescott: Transmitted herewith is a certified copy of the above-referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, January 12, 1999. Very truly yours, DWIGHT E. BROCK, CLERK Lisa Steele, Deputy Clerk has Enclosure 1 • • r Maples fall Neva Naples, ft.34102 Affidavit of iubticatton - Maples Cwi fi l las gaily Mew! I MOT ICE Or --- • • PUBLIC HEARING 'WMlce h •qr eWsn Ca�rs» eve a Crw,+v {aAv fhdd a iubaC aoARO OF c.o.w r CONNISSIOetERS hearing en TUESDAY, AT1N: MATTA SIRS/Af jamtnury t7, t.ee,kr me PO b0% 413416 dream,3rd Cas saws fl 34101-3016 as. Ca'* er Mn.•A. Center, DOI Feu Term. n•1 TreM, Piapbm, rro.lda craws m..Rng OO M0 basin a •tatatNCE: 0012!0 1712SCM CA �e.ewomeni Approver 57771714 041-46-2 M011CI Of / her•Devseorn.nt or as. alvd Ylpaci Ov sva•e to State of Florida ��1e�ycnt.ln 310 Pi„ Florida w+�a. from Donald W. County of Collier rot..it `G enure Long 4 before the undersigned authority, personalty Partnership Aoorwa of eppearsd Angela Pryant, sera an oath says that she en aolicahan wei regal NW... as A.sistani Secretary of the Msptss Softy in a.�rafo�lelodole d.vesoa- Nevs, s daily newspaper published at Motes, in m4►'ior.rdtiralOtheetP Cotner County, florid.: that the attached espy mar* or mt'b 1v/d of advertising wee published in said ft/snooper on .ten+oi.,I Ireent,ahem dates listed. caew,xsn toots s... Af4t•nt further Says that the said Maples arty '*°_n'e_ and Mawr ten1oM,Me a 710 inn At. Revs to • newspaper published st Nitrites, In said s4P.d twine 'mime Collier Canty, florid., end that the said rind a rd ad iPM.d newspaper hos heretofore brow continuously toap.S o hoc veOO v• published in Said Collier County, Itorids, each 7711 corm, referred b dey end has been entered as second class slit Os we srebre Pas setter at the post elf/ca to tieQtee, in .n.cot Menem, Pars Ca a ttier County, florid., for a per lad ed i year pet actions lend escoh nest preceding the first publication Of the t ;Rw Natft Side ee attached copy Of advert1seaenti sod off1stet aM aeu.vard 00441 rine- fvrthee sere that d has neither sold nee moralised. OW arcs.tsad a^7 person, tire or corporation my kdremanen re• di►cala+t, rebate, tOmissiOn Or refwd for the /e tae Reeked towed purpose of securing this advertiNSSnt for rm Come. pub liution in the said eewspper, Iprvt7Dfwa∎•ereent Pt*LL1i S ape: 11/12 ,y��tpa� ~rdrt yy q,a Orlvt. Meade/. Pierida 1 pit) OR CQNMfr La R osiuHtr. AO SPACE: 73.000 INCH A b, bERRr, fltfD ON: 11/12/% IL Moat. • JJ > Stgreture of Aftlant (w,/it err to f a1/►., r ppp .isrle S.* %born to and Subscribed before se this de1r of p-aJ 11^i 4 A?�a.rk^Mn,7+uts Personally known by et GC .0 .r knee E Moran .: A s•' v"QvM901$•CC'tJS71 fie:it Yin ,,ir) Agri 14 1007 p111 !I6 • OP PAGES _� (including this cover) 28 111111(III111I1111111(I1111 11111111 III 1111111111111111111111111 TO: 1 LOCATION: NAP1.F.S DAILY n"F,W5 PAZ NO.: • t CON:MUT8: _ II[[1IIIIIIIII[I[I[II11111IIII I1I11111IIll1II111 11111I11II111I1 PROM! LISA STEU.E j ` • LOCATION: Collier County Courthouse FAX NO: (813) 774-8408 PHONE'NO: (813) 774-8406 • Date sant: , j ') � / Time sent: • B 4 .1 October 22, 199R Ms. Joyce Blazier Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: DOA-98-3 - DRI-86-2 41) Dear Joyce: Please advertise the above referenced notice one time on ThurndAy, November 12, 199A, ond ihe AffifLivit uI Publftotioh, i duplicatc!, togelhut with charges involved to thin office. Thank you, Sincerely, Lisa Steele, Deputy Clerk Purchase No, 912501 NOTICE OP PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 12, 1999 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. Collier County has received an Application for Development Approva for a Development of Regional Impact pursuant to Section 380.06, Florida Statutes, from Donald W. Arnold, representing the John B. Goodman Limited Partnership. Approval of the ,application will result in the following development proposal : A Planned Unit Development of mixed land uses, predominately residential within a golf course/open space environment and further containing a 210 unit Assisted Living Facility and a 60 bed skilled nursing facility, occupying a total land area of 335.5 acres, referred to as the Brettone Park DRI. The Brettone Park DRI occupies land located in the North side of Davis Boulevard (SR-84) and opposite County Barn Road. Information and reports on the Development of Regional Impact application may be reviewed in the Community Development Division, Development Services Building, Planning Services Section, 2800 North Horseshoe Drive, Naples, Florida 33942 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) • 3 October 22, 1998 Mr. Peter Worthington Director of Design and Construction Services • John B. Goodman Limited Partnership 1107 Hazeltine Blvd. Suite 200 Chaska, Mn 55318 Public Hearing to Consider DOA-98-3, DR1-86-2 Brettone Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12,1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, November 12, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure i a October 22, 1998 Ms. Marilyn Mullen Healy, Esquire Salem, Saxon & Neilsen, PA One Barnett Bank Plaza 101 E. Kennedy Blvd. Suite 3200 Tampa, FL 33602 Public Hearing to Consider DOA-98-3, DRI-86-2 Brettone Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, November 12,1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure October 22, 1998 Mr. Donald W. Arnold, AICP Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane Suite 200 Naples, FL 34105 Public Hearing to Consider DOA-98-3, DRI-86-2 Brettone Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, November 12, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure • Collier Casey, florid. it/?11/54- 1d 11LIST fat LEGS. AOYENT I f 1 K d PUBLIC IEAa t,GS T'a: Clefs to t►e loom: •tease place the fallowing as a: `rr il) •or*.t legal Aaverttsns.ent l�r Other: -r (Oleo(ar Adv., location, etc.f •••• •-•...•..••••• •N. «N ....w. • /7 ' Crig4neting Peat/Div: Cos.Orr.>,erv,iCurre•nt •fam 7ons ine •.r ( / �r ~ 'J Date: .n • " 7.? T (Sips clearly) IMM►«.«N.....M Mw.wN•.•«..•.N•• ••••• •••••A«••N••••w Demean ae, <if none, gm.e 0,1.4 ae*riptianfs nt')b-0P-: +�\a -•.) •.N.«.« •etmttener; (same t aamutsel: f i 1 "r _ 7p►nY t:ov�titrt2►t-n . '( r'ei'n rF ref i n :nd Construction S:rvices John B. Goodman Limited Partnership 1107 Hazeltine ate: c • 1 t . • e , W • u - • . 3ilec., Saxon S Neilsen,PA One Barnett Bank Plaza 101 E. Kennedy Blvd , • • •direst of env wearies, ss x retitled by Cters•s Office: Gutty 1200 Tampa,Fla 33602 ncrt s4 . rreor1. ,tt.cw •m.rat. .oeat) (3) Mr. Donald W. Arnold, AICP, Wilson,Miller, Barton t Peek, Inc. 3200 Bailey Lane, Ste 200, Naples,Fia . 34105.8507 ...ring heron: aza ICC © SRA Other •^ •••••••04•••••••• •M••••• •••• •-••..•••.1•••I N NN•..W..'•M....••.�. traesttd ♦Bourg date: '/J7/99 fated on advertieemenc appearing bQ. .aye before haring. w n.nosoer(s) to be vsoo: (Coot.;, onty tf 14srtant f----7, 1;n 7L ' aaolts Cai(y se., or legally recessed /' Other 'roomed lest. (Include legal oescriptton t caa.art location t s(te)t nna-4R-1 • • • • u . eeeanion clotltloncs), if env. t er'apesd Merino d.tet P[tn-R6-1 2(3 1 Coes Petition foe (Kind. Adwrtishy Coal? Yes /" No a= if yes, what Account should be curled for aefvertisine coast 113-L36312-649100 P.0.1' aGI� are$i..ed by: Approved bin•• Division read bate ' County Arrow D.C. List Attsclweents:(t) (2) i3) •.N«.«.N«.• 9t17a111J7101 imstiC7i0m1 A. for hurirm btt42KCC or MA: initiating person to complete are up/ and obtain Olofsion Mend . mil before a►,tisi it ing to Cou+er .l eloger. gms _, _ . h �. .. . _ .r rea)est ier Saw. is stan4t•f+nd to Conlin AttorneyAgfore stdittina to county monomer. The rv.ser•s Office witt distribute topless / Canrd ty Mr»pr apemn fit.; l aaosting Divisierr h( It/ /_wdon •rtrol/Ce Ctrrts office f ya6r�irsyYn!' �/- t g. be 1 inittatine Oiv(s(en seal to submit soloi•rl to C( s Off retaining a tow for file • 0 U • a H i' w • u -y • v W • 1,• C w A • & M w`. rt •f C N n C.r r. n r 4) m .-4 C ••+ W rr •-• . c > 0 2-4_ •B NC CO +) C q O O �: .C •04 N O I • fo r � a C 00 u •• w c = :• > E 414 0 C r. _1 I. X Z 0C.0ECt GG 0 �+ c 4J I) 11 o v � Ii).•r 44 .'■ +• 4.■ +Q o rr, • > gLLsr • .-+ t.. 0 4 CO Al 4n r. 1. rf: ,t M C. /7flZi - I � NOTICE OF PUBLIC BEARING TO WHOA IT MAY CONCERN: Nonce is hereby given that Collier County.has received an Application for Development Approval for a Development of Regional Impact pursuassi to Section 3E0.06,Florida Statutes.from Donald W.Arnold. representing the John B.Goodman Limited Partnership.Approval of this application will result is the following development proposal: a. A **thin a golf coursaopen space environment and further P1naed Unit Development of mixed land uses. predominately residential 210 units Assisted Living Facility sod skilled nursing faciliryaoccupying a total land area of 335.5 acres, referred to as the Bretton Park DR!. The Browne Park DRI occupies land located in the North side of Davis Boulevard(SR-84)and opposite County Barn Road. bocapplication on and reports on the Development of Regional Impact application may be reviewed in the Community Development Division,Development Services Building,Planning Services Section.2800 North Horseshoe Drive, Naples,Florida 33942. October 22, 1998 Mr. Steven Atkins, Planner Development of Regional Impact Section State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Fl 32399 Public Hearing to Consider DOA-98-3, DRI-86-2 Brettone Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, November 12, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure S October 22, 1998 Mr. Daniel Tescott DRI Coordinator SWFRPC F.O. Box 3455 N. Ft. Myers, FL 33918-3455 Public Hearing to Consider DOA-98-3, DRI-86-2 Brettone Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, November 12, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure 12B L re-C;• ,s , STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 'Helping Floridians create safe, vibrant, sustainable communities' /III SEMI STEVEN M.SEI/ERE February 25, 1999 Mr. Ronald Nino,DR!Coordinator Collier County Planning Services 2800 North Horseshoe Drive Naples,Florida 34103 Re: l3retonne Park Development of Regional Impact: DCA Project No. 86-070 Review of Adopted Amendment to the Development Order Dear Mr. Nino: We have completed the review of the adopted amendment to the development order (1).O.) for Bretonne Park Development of Regional Impact(Collier County DD. Number 99-1; Resolution 99-71),adopted on January 12, 1999 and rendered to the Department on January 14, 1999. It has been determined that the revision to the development order meets the requirements of Section 380.06(15),Florida Statutes,and Rule 93-2.025,Florida Administrative Code. The Department has no comments relating to the subject D.O.and will not appeal its adoption. If you have any questions or comments regarding this matter,please call Joseph Addac- Mlensa,Planner 11,or Roger Wilburn,Community Program Administrator at(850)487-4545. Sincerely. CV4 Charles Gauthier,AICP Growth Management Administrator CG/jam cc: Dan Trescott, DRI Coordinator,Southwest Florida Regional Planning Council Dwight E. Brock,Clerk Collier County Marilyn Mullen Healy,Esq.,Salem,Saxon,&Neilson,P.A. 2535 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 72399-2100 Phone: 15501 ,85.8466/Suncom 278.8466 FAX: ISS01 92 t.07t11/Suncom 291.0731 Internet address: http://www.stat•.11.us/comaff/ tt0eto4 ans GLUM SWAMP Ms d Gwc,S Scar Cowen rev cwt. Ma et Grkal Saw Careen f irld Olfre 27%O.owae ta♦..q,fW ZIZ WaMb hare&/IOSO2222 2ttsfas Sono., ledi1 30, ea 4./ "��d ORDINANCE NUMBER 98- 112 :; , • AN ORDINANCE AMENDING ORDINANCE NO.87-15,AS AMENDED,THE BRETONI4E PARK PLANNED UNIT DEVELOPMENT,BY AMENDING SUBSECTION 2.3,PROJECT. _. PLAN; AMENDING SUBSECTION 2.5, PLAN APPROVAL REQUIREMENTS; AMENDING SUBSECTION 4.2, USES PERMITTED; AMENDING SUBSECTION 4.3 DEVELOPMENT STANDARDS;AND BY PROVIDING AN EFFECTIVE DATE. • WHEREAS,on April 7, 1987,the Board of County Commissioners approved Ordinance Number 87-15,which established the Bretonne Park Planned Unit Development;and WHEREAS, on August 23, 1988, the Board of County Commissioners approved Ordinance Number 88-67,which amended Ordinance Number 87-15,the Bretonne Park Planned Unit Development;and WHEREAS, on February 28, 1989, the Board of County Commissioners approved Ordinance Number 89-10 to correct scriveners errors appearing in Ordinance 88-67;and WHEREAS,D.Wayne Arnold of Wilson Miller,Barton&Peek,Inc.,representing John B. Goodman Limited Partnership, petitioned the Board of County Commissioners of Collier County,Florida,to amend Ordinance 87-15,as amended,as follows: NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County,Florida that: SECTION ONE:AMENDMENTS TO PROJECT PLAN SECTION Subsection 2.3, Project Plan, of Ordinance 87-15,as amended, is hereby amended as follows: 2.3 PROJECT PLAN A. The Master Development Plan for the project is indicated on Exhibit H. and is an integral part of this PUD document. A reduced version of the Master Development Plan is attached at the rear of this document. Elements of the Master Development Plan include: Jand Use • Streets 21.2 v m Residential Sites 138.7 "n GemeasneltatlitaiLixtnaacilityi 11.5 H 7 _ Skilled Nursing Facility f Lakes 35.0 '-'c- 3 rri Upland Recreation Open Space 48.3 Wetland Preserve 10.3 �> c..+ Maintenance/Utility Area s a 4.5 c)--4 Golf Course 51.8' Community Center 12.2 Total 333.5 Exhibit D ws+an rw a4��ona Words aarklined are additions;averataimask-abrous6 an Makes. wxi a 42ds as • 'Approximately 13.4 acres of this total to remain in native upland habitat, with selective clearing,filling and exotics removal. Project development shall conform to the approved Master Development Plan in general and to the approved Subdivision Construction Plans. Modifications to the approved Master Development Plan of up to 5%shall • be permitted to accommodate changes required by State or Federal permitting agencies. SECTION TWO:AMENDMENTS TO PLAN APPROVAL REQUIREMENTS SECTION Subsection 2.5,Plan Approval Requirements,of Ordinance 87-15,as amended,is hereby amended as follows: 2.5 PLAN APPROVAL REQUIREMENTS A. PURPOSE The Master Development Plan indicates the basic nature of development permitted for the project as a whole,consisting of single family residences on individual lots, low-rise attached and detached residential units of various types,golf courses,lakes,wetlands,and recreational open space, and an ssia�yig/skilled nursing facility.and ancillary usa. Recreational buildings and facilities of various kinds may be established in the area indicated on the Muter Development Plans as Community Center and Recreational/Open Space,either as a part of the initial development improvements or at a subsequent date. Actual development of project infrastructure, residential units, recreational facilities,and the neighborhood shopping center will occur in a series of increments. The purpose of the plan approval requirements is to provide a mechanism for the county staff to review detailed development plans for the project development Increments and to determine if the development increments and the detailed development plans comply fully with commitments established by the P.U.D. document, D.R.I. Development Order,County Zoning Regulations,and all other applicable standards and regulations. SECTION THREE: AMENDMENTS TO COMMERCIAL DEVELOPMENT REGULATIONS SECTION Section 4, Commercial Development Regulations, Subsection 4.2, Uses Permitted,of Ordinance 87-15,as amended,is hereby amended as follows: 4.2 USES PERMITTED No building or structure,or part therm&shall be erected,altered,or used,or land • used in whole or part,for other than the following: A. Principal Uses: w++a,au v.m.x.,,wLO Words BLdrslined sty additions;through are deletions. ♦rI es� PrIS-0151<06Mlt.122al 40 • Y µit. r. r 1- L ;1- ';, .. •/ • I. ,I1 . I .. q •. • I • .q• I • .1 Y I .. .•, .1 .1 '1 ... H1.• . •A • i .1w .. 1 • •.• • I• . ♦ • •0111•11 - .11 . 1 1 I •. • • • . Land Code. S2. Maintenance/utility site. B. Accessory Uses: 1. Customary accessory uses and structures. 2. The ss i_sird i •na facili d killed n lrsin� aeili may'nrl 1� accesssory nuiltpmanalmaykaacilideurzhiLaundryiboaa shop.hair ms r.dryr�eaning home h I h m services ► and o her imi]sue. SECTION FOUR:AMENDMENTS TO DEVELOPMENT STANDARDS SECTION Subsection 4.3, Development Standards, of Ordinance 87-15, as amended, is hereby amended as follows: 4.3 DEVELOPMENT STANDARDS A. Perimeter Setbacks L Principal S r 1res DAYilltauleard Front Yard_ 1 Emharadv Wood!Boulevard • Abu ng Utility L Front Yard: Davis Boulevard $Q' Enataasu Woods 6 evard 2 Side Yxd: Li' n+1s+a1.Va..,wAe .e Wads sokdbxd ars s dtdoos;enough arc deletions. om►w1J.lRQF72:A 1 B. Maximum Height: 30 No portion • • •.1.• • .. . . ' •'.• ... 1 ' 1'• .. a hundred and seventy-five feet(175') of the southernmost property lips meting S.R. 84 (Davis BouIevardl shall be greater than three (3) habitable floors. The ALF building. or portions of the ALF buildings •. \ • a . y •.. II . ..1.. •. -.d .41 - .•.• • • • .66.1.1• •1...11\ ••.••'• •• 1'.• : .• i a / i• y 1. .. he r.nnstnicted to i maximum of four(4)habitable floors.noun exceed a • maximum building hght of fi feet(50'1.• .1 1 1 • • •'.• .1 - ••■• 1 • p'• • '• ••11■ .. .I 1•• •1 I 64g.• .44 y1•- ' • •• . 1.11...1 .1••.11• .• •••: B. Building Deana gn Guideline;: • Hit intta 11 fesmree„ aimiler erterin design clementa which are • • SECTION FOUR:EFFECTIVE DATE 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 .477V, day of a g,,. i4..J ,1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA B B. :ERR' C a`iT' • 't r bWIGH f ROCK,CLERK '4 . 744 • Attest as to Gut •.,; ��,. �Qa .r-.r..�A�d signature only. ,_ Aft AS TO FORM AND LEGAL SUFFICIENCY: Th;, ordlnance t}}•A «'Ith th- lK•' zyy of(S�ra�rr�'s Ol7�ce rw: 1114461114.4.6 Tn.t(k.4441-,14 MARJORIE M.STUDENT el ASSISTANT COLLIER COUNTY ATTORNEY Bretonne Park PUD Amendment Ordinance/Disk A • • wwawr4o.rr m.rnwoee Wocds yndprltaGd sn add ions;word.iY�wiFdrtooeh sr deletions. ataati.n4rarm.ms • 1 'Memo AM l • !� 1 BRE TONNE• lip PARK I i AliPAA6L-%''';4°4----;"° ---. _ ^ • . . f! .I , a .;........ 1.1 ill? : le( r li ei:.......);f" , .,,---, .. 4 --..1, ....::_,.........7z ••.• SA 4I4.i ; ..., / . , t• .k ,."*'"' 114.. 114' b 0 1 ...410..•gym.••■ ......■■■• .. / ,"4 t r '0'..;......414.17 4L0."...'".. - Its : 13 iS98 e............ . KIWNIN!9P.RNCE;• ..aa.rw•rrp.a..+. _.. ...�....• Pir1) 86 - 1 ` g)" . i, Y% 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. 98-112 Which was adopted by the Board of County Commissioners on the 8th day of December, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 11th day of December, 1998. DWIGHT E. BROCK '-,,,A 4• Clerk of Courts and lerls . 'f' Ex-officio to Boar4 of ' sp' •h,"` County Commissioner '' i By: Ellie Hoffman, 0,}Ir. Deputy Clerk 1 . Aft AGENDA ITEM 4-D $ r9untY STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING: NOVEMBER 13,2014 SUBJECT: ZVLCUD-PL20140002295, Carolina Village PUD - COMPARABLE USE DETERMINATION PROPERTY OWNERJAGENT: Applicant: Ralph Cioffi—Carolina Way c/o Welsh Companies Florida, Inc. 2400 Ninth Street North, Suite 101 Naples, FL 34103 Agent: Frederick E. Hood,AICP Davidson Engineering,Inc. 4365 Radio Road, Suite 201 Naples, Fl 34104 REQUESTED ACTION: To have the Collier County Hearing Examiner(HEX)consider an application for a Planned Unit Development Comparable Use Determination to confirm that an enclosed mini and self-storage warehousing use (SIC Group 4225) is comparable in nature with the permitted principal uses listed for the Mixed Use Areas in the Carolina Village Mixed-Use MPUD (Ordinance Number: 05-19, as amended). GEOGRAPHIC LOCATION: The subject site is 15.88E acres in size and has been platted as the Carolina Commons subdivision as recorded in Plat Book 48, Pages 78-79) and is located at 7373 Vanderbilt Beach Road. (See attached Zoning Map) ZVLCUD-PL20140002295 Page 1 of 4 Carolina Village MPUD I I 1 I W 1 t: 1 Ll•i.'' i ."t- FIIIICT* 2 11:41,fi is Ildlet 1 , I 1 IIIICTIM.4 ,'ma % PUY' '` — R I• mo w wrisscs MLLE 1. I li [ FAO a CAROUP4a RAY I -- i —1--- 1 I 1 F.----- MPUD ' —1 COLS.* LA A = pLIKI I A IWO* 7 , MF 1 1101 AR 11 1 lIter I I II lit A V N I KAJOF At*c 34 Zoning Map SURROUNDING LAND USE& ZONING: North: Preserve area&residential; zoned: Wolf Creek RPUD East: Shopping Center: Mission Hills PUD West: Residential: Wolf Creek RPUD South: Vanderbilt Beach Road& Residential; zoned: Golden Gate Estates , t , , , 1 if,' tii;, ,, ar- , MLA (.1 I , P'_ )ti t;4-, -4 . t ,. . IT ,. m&so,., ..1 ifo I - : ' INAWili -411141,11- _ .r. 1.0 cuswm s I , r - - — dip, --,111- •. , . . Af F. F - ' ' ' ' 101111111.1rWe ''' v, -p CARLLS4A AtAY , .. . ..... ,..., 7.- - , .. ...,.. . -x. 41,11 '- 4,1* 1 — ' I, VANZEREe-T NAG I R.7, " b . — ° —44,01Adriii Ns:r IA ZVLCUD-PL20140002295 Page 2 of 4 Carolina Village MPUD PURPOSE/DESCRIPTION OF PROJECT: The Applicant has submitted an application for a Zoning Verification Letter - Comparable Use Determination(see attached) that requests confirmation that an enclosed mini and self- storage warehousing use (SIC Group 4225) is comparable in nature with the permitted principal uses listed for mixed use areas in the Carolina Village Mixed-Use MPUD This PUD was originally rezoned from Agricultural(A)to the currently approved MPUD in 2005 with the adoption of Ordinance Number 05-19. This PUD is also located within the Vanderbilt Beach/Collier Boulevard Commercial Sub-district land use designation as identified on the Future Land Use Map and described in the Future Land Use Element of the Growth Management Plan (GMP). It should be noted that this sub-district specifically prohibits gas stations, convenience stores with gas pumps, fast food restaurants with drive through lanes, and tire stores within the 15.88 acre expansion area that comprise this MPUD. ANALYSIS: The subject site is governed by Section 3.3.A - Principal Uses for the Mixed Use Area as depicted on the MPUD Master Plan. This section specifically indicates that no building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the uses that are listed. The applicant contends in their application that the list of commercial uses contained within the currently approved Carolina Village Mixed Use MPUD are comparable to the uses listed in the Commercial Intermediate (C-3) and the General Commercial (C-4) Zoning Districts. The following MPUD uses are specifically listed as permitted uses in the C-4 district as follows: • Amusements & Recreation Services Indoor (Groups 7911, 7991, 7993 only for indoor video game arcade and indoor coin-operated amusement machine, 7999 only for bicycle rental, ice skating rink operation, indoor slot-car track and miniature golf course. • Auto and home supply stores (Group 5531 only for automobile accessory dealers and automobile parts dealers, limited to retail sales without installation) • Automobile Parking(Group 7521) • Home furniture, Furnishings and Equipment Stores(Groups 5712-5736) It is the petitioner's position that an enclosed mini and self-storage warehousing (SIC Group 4225),which is a conditional use in the C-4 District, is comparable in nature with the existing, approved commercial land uses in the subject MPUD. Furthermore, the petitioner contends that the proposed enclosed mini and self-storage warehousing use is less intensive by the way of traffic impacts, utility and resource consumption and is less intrusive overall when compared to the permitted uses. ZVLCUD-PL20140002295 Page 3 of 4 Carolina Village MPUD Section G.6 of the Administrative Code outlines the two situations in which a Zoning Verification Letter can go to the HEX: 1) The ZVL may be approved by the HEX 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) The ZVL may be affirmed by the HEX 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. As noted above, Section 3.3.A that pertains to Tracts 1 & 2 within the Carolina Village Mixed-Use MPUD document does contain the BZA language under "permitted uses." Staff and the Planning Director inferred that such language was applicable to this matter. Staff's opinion, subject to approval by the Hearing Examiner, is that the proposed use of an enclosed mini and self-storage warehousing facility (SIC Group 4225) is a use that is comparable, compatible, and consistent in nature to other permitted principal uses in the Carolina Village Mixed-Use MPUD. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition ZVL- PL201400001300 on October 23,2014. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve the determination of the Planning & Zoning Director that enclosed mini and self-storage warehousing (SIC Group 4225) is a use that is comparable in nature with the permitted principal uses listed for mixed use areas in the Carolina Village Mixed-Use MPUD. Attachments: A. Application B. Carolina Village Mixed-Use MPUD(Ordinance Number: 05-19) C. Zoning Verification Letter PREPARED BY: _ } /o• 23'4 RAYM D V. BELLOWS DATE ZONING MANAGER REVIEWED BY /%?1*7/2 - MICHAEL BOSI, AICP, DIRECTOR DATE PLANNING AND ZONING DEPARTMENT ZVLCUD-PL20140002295 Page 4 of 4 Carolina Village MPUD DE • DAVIDSON -- ENGINEERING 4365 Radio Road, Suite 201 • Naples, FL 34104 • P(239)434.6060 • F(239)434.6084 www davidsonengineedng corn TRANSMITTAL October 17,2014 TO: Ray Bellows,AICP COMPANY: Collier County c/o In-Take Team Growth Management 2800 N. Horseshoe Drive Naples, FL 34104 (Via Courier) PHONE NUMBER: 239.252.2400 FROM: Frederick Hood,AICP Senior Planner RE: Carolina Village PUD Zoning Verification Letter-PUD Comparable Use Determination Ray, Attached are the following items for the referenced project: 1. Two(2)copies of the ZVL—PUD Comparable Use Determination Application; 2. Two(2)copies of the ZVL—PUD Comparable Use Determination Request(Exhibit A); 3. Two(2)copies of the Ordinance 05-19,Carolina Village PUD(Exhibit B); 4. Two(2)copies of Carolina Commons Plat Book 48,Pages 78 and 79(Exhibit C); 5. Two(2)copies of Zoning and Tract Identification(Exhibit D); 6.Two(2)copies of Affidavits of Authorization and Letter of Consent 7.Two(2)copies of Agreement for Purchase and Sale 8. One(1)check in the amount of$1,925 for the required submittal fee and advertising fee. 9. One(1)CD containing a PDF copy of the submittal. Should you require any additional information,please feel free to contact me at(239)434-6060 or by email at fred@davidsonengineering.com. Thank you. .1� _L\ Frederick E.Hood,AICP Senior Planner • 9conty 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 - Comparable Use Determination LDC sections 2.03.00 A, 10.02.06.1 &Code of Laws section 2-83–2-90 Chapter 3 G.6 of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED ✓ PUD Zoning District Straight Zoning District I APPLICANT CONTACT INFORMATION , Name of Applicant(s): Ralph Cioffi -Carolina Way do Welsh Companies Florida, Inc. Address: 2400 Ninth Street North, Suite 101 City: Naples State: FL ZIP: 34103 Telephone: 239.261.4744 Cell:— Fax: E-Mail Address: georgev @welshfl.com j • j Name of Agent: Frederick E. Hood, AICP � Firm: Davidson Engineering, Inc. Address: 4365 Radio Road, Suite 201 City: Naples _State: FL ZIP: 34104 Telephone: 239.434.6060 Cell: _Fax: 239.434.6084 E-Mail Address: fred @davidsonengineering.com PROPERTY INFORMATION 7205.7265,7220.7250 CAROLINA WAY and 7373 VANDERBILT BEACH RD :57 f.Z0 3:77 5W R '5''''''' ^<x:�f rw's"'''D.' Site Address: Folio Number: Property Owners Name: FLP 7205, LLC 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 Group 4225 is comparable and compatible with the permitted uses in the Carolina Village PUD or in the Straight Zoning 411 District." 9/25/2014 Page 1 of 2 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 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 U © website) Determination request and the justification for the use C PUD Ordinance and Development Commitment information © L. Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all n © ❑ 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 10/20/2014 — Applicant Signature Date Frederick E. Hood, AICP 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. 9/25/2014 Page 2 of 2 DE f?AVI[?Sct! LIST OF EXHIBITS EXHIBIT A Zoning Verification—Comparable Use Determination Request EXHIBIT B Ordinance 05-19,Carolina Village PUD EXHIBIT C Plat Book 48, Pages 78 and 79 EXHIBIT D Zoning and Tract Identification EXHIBIT E Affidavits of Authorization & Letter of Consent EXHIBIT F Agreement for Purchase and Sale • Carolina Village PUD—Ord.05-19: • Zoning Verification Letter— Comparable Use Determination Request www.davidsonengineering corn DE DAVIDSON • EXHIBIT A • • DE NG1KIal ZONING VERIFICATION LETTER- PUD COMPARABLE USE DETERMINATION The petitioner seeks to confirm that air conditioned, enclosed mini- and self-storage warehousing(Group 4225), is comparable in nature with the permitted principal uses within the Carolina Village MPUD (Ordinance NO.05-19)as written. Section 3.3.A.28 of the Carolina Village MPUD permits the following: "Any other use which is comparable in nature with the foregoing list of permitted principal and the accessory uses by the Board of Zoning Appeals(BZA)." Tracts 1 & 2 within the Carolina Village MPUD were platted as part of Carolina Commons (Plat Book 48, Pages 78 & 79). Both tracts of subdivision plat are currently undeveloped. The MPUD zoning includes a variety of and uses typical of residential and commercial mixed-use development. Some PUD's written in the last decade frequently relied on certain uses not specifically listed in their allowable uses sections, to be permitted with the referenced "catch- all" language. It has been experienced with previous approved ZVL applications that the proposed use has been approved in PUD's with similar language, content and most of all; uses. The commercial uses contained within the MPUD are comparable in nature with C-3 to C-4 land uses.This ZVL seeks to establish if this use is comparable in nature to the uses contained within • the Carolina Village MPUD. The applicant requests that Collier County review the attached PUD (Ordinance 05-19, Carolina Village) as well as the attached Plat and respond to the following question with an affirmative determination: 1. Is air conditioned, enclosed mini-and self-storage warehousing(Group 4225),comparable in nature with the established, permitted uses in the Carolina Village MPUD per Section 3.3.A.28? By way of background for question #2, air conditioned and mini and self-storage warehousing (Group 4225) is allowed for as a conditional use of C-4 zoning. The existing approved PUD contains the following C-4 uses(Permitted and Conditional)that the applicant believes are more intense that the proposed use: • Amusements and Recreation Services Indoor(Groups 7911 7991 7993 only for indoor video game arcade and indoor coin-operated amusement machine,7999 only for bicycle rental,ice skating rink operation,indoor slot-car track and miniature golf course) • Auto and home supply stores (Group 5531 only for automobile accessory dealers and automobile parts dealers; limited to retail sales without any installation) • Automobile Parking(Group 7521) Carolina Village PUD—Ord.05-19: Zoning Verification—Comparable Use Determination Request %vww.davidsonengineering corn DE PRatil.9N N NG • Home furniture,Furnishings and Equipment stores(5712-5736) • Motion picture theaters and Video Tape Rental(Group 7832 and 7841) It is the petitioner's position that SIC 4225 is comparable in nature with the existing, approved commercial land uses in the iiiagagav PUD. Furthermore, SIC 4225 is less intensive by way of traffic impacts, utility and resource consumption and is less intrusive overall when compared to permitted uses. The significantly lower trip generation rate and water/sewer impacts compare favorably to permitted uses such as automotive gasoline and service stations,fitness center or grocery stores. • _ Carolina Village PUD—Ord.05.19: Zoning Verification--Comparable Use Determination Request www.davidsonengineering.com DE • EXHIBIT B • 169141112>'3� • s ORDINANCE NO.2005- 19 t+ ��v pegZ1ti AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM RURAL AGRICULTURAL "A" TO MIXED USE PLANNED UNIT DEVELOPMENT "MPUD" FOR A DEVELOPMENT TO BE KNOWN AS CAROLINA VILLAGE PUD CONSISTING OF 150,000 SQUARE FEET OF COMMERCIAL USES AND UP TO ' -, 64 RESIDENTIAL UNITS, FOR PROPERTY LOCATED ,— ON THE NORTH SIDE OF VANERVILT BEACH ROAD - - ABOUT 1/4 MILE WEST OF COLLIER BOULEVARD, r ,' IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF = 15.88+ACRES;AND PROVIDING FOR AN EFFECTIVE 117,:, ,; DATE. , >' c.a • WHEREAS, William Hoover of Hoover Planning and Development Inc., representing Catalina Plaza, LLC, petitioned the Board of County Commissioners to change the zoning classification of the subject real property in Petition PUDZ-2004-AR-6383. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County,Florida,that: SECTION ONE: The Zoning Classification of the subject real property described in Section 1.2 of the PUD Document, attached hereto as Exhibit "A," and incorporated by reference herein, located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "MPUD" Mixed Use Planned Unit Development in accordance with the Carolina Village PUD. The appropriate zoning atlas map or maps as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, hereby amended accordingly. SECTION TWO. This Ordinance shall become effective upon filing with the Florida Department of State. • PASSED AND DULY ADOPTED by super majority vote of the Board of County • Commissioners of Collier County,Florida,this 2 G day of A pl. `_ ,2005. ATTEST: •:._ .. BOARD OF COUNTY COMMISSIONERS DWIGHT E.$MOCK,CLERK COLLIER COUNTY,FLORIDA c S , ♦' 0 .q f . BY altAJL LAI• Cil-giL #tUtt M tt• 1 RK FRED W.COYLE,CHAIRMAN itoratirta ist Apprav:ed gs.iarorm and -I sulTci, 6 Patrick G.White Assistant County Attorney III This ordinance filed with the gptary of tote's Off day of LA'- ond acknowledoem r • that f I received his doY• • o Of V!...,,, i�aF,. By i t ' f 4C. . CAROLINA VILLAGE MIXED USE PUD A MIXED USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CAROLINA VILLAGE MIXED USE PUD, A MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. PREPARED FOR: WILLIAM L. HOOVER CATALINA PLAZA, LLC 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 PREPARED BY: RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. • 4001 N. TAMIAMI TRAIL, SUITE 300 NAPLES, FLORIDA 34103 and NORMAN J. TREBILCOCK, P.E., AICP Q. GRADY MINOR & ASSOCIATES, INC. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 and WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 DATE FILED August 9, 2004 DATE REVISED April 9, 2005 DATE REVIEWED BY CCPC April 7, 2005 DATE APPROVED BY BCC Ash 1 ,, 3)1 • ORDINANCE NUMBER aD3'z AMENDMENTS AND REPEAL TABLE OF CONTENTS • • PAGE LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION III MIXED USE AREA PLAN 8 SECTION IV PRESERVE AREA PLAN 14 SECTION V DEVELOPMENT COMMITMENTS 15 • • • LIST OF EXHIBITS AND TABLES EXHIBIT"A" PUD MASTER PLAN/UTILITIES/WATER MANAGEMENT PLAN EXHIBIT"B" CROSS SECTIONS FOR PUD MASTER PLAN EXHIBIT"C" CAROLINA VILLAGE LEGAL DESCRIPTION EXHIBIT "D" LOCATION MAP EXHIBIT"E" BOUNDARY SURVEY TABLE I DEVELOPMENT STANDARDS • • STATEMENT OF COMPLIANCE The development of approximately 15.88± acres of property in Collier Mixed Use Planned Unit Development to be known as Carolina Village Mixed Use PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan The commercial and residential facilities of the Carolina Village Mixed Use PUD will be consistent with the growth policies. land development regulations, and applicable comprehensive planning objectives for the following reasons: 1 The subject property is within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict land use designation as identified on the Future Land Use Map and as described in the Vanderbilt Beach/Collier Boulevard Commercial Sub-District of the Urban - Mixed Use District in the Future Land Use Element. The Future Land Use Element permits commercial and residential land uses in this area and this Mixed Use PUD complies with both the commercial and residential development standards within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's commercial intensity as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surrounding land •uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical allocation of community facilities and services as required in Policy 3.1.G of the Future Land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The project Is located within the Urban Mixed Use District, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict on the Future Land Use Map The 64 proposed units ovei commercial uses and resultant density of 4.03 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria i • 15.88 Acres for a Mixed-Use Project With Residential Uses Over Commercial • Uses Within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Maximum Permitted.Density 16 dwelling units/acre Maximum permitted units = 15.88 acres x 16 dwelling units/acre = 254 as the maximum number of dwelling units at a maximum density of 15.99 dwelling units/acre. • Requested dwelling units = 64. Requested density = 4.03 dwelling units/acre. 8. All final local development orders for this project are subject to Division 6.02, Adequate Public Facilities Requirements, of the Collier County Land Development Code. • SECTION I 410 - PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Carolina Village Mixed Use PUD. 1.2 LEGAL DESCRIPTION The subject property being 15.88± acres, is located in Section 34, Township 48 South, Range 26 East, and is fully described on Exhibit"C". 1.3 PROPERTY OWNERSHIP The subject property is owned by: The Vanderbilt Beach Road Land Trust, do Mark L. Lindner, Trustee, Naples Realty Services, 4980 N. Tamiami Trail, 2nd Floor, Naples, Florida 34103. The subject property is under purchase contract by: William L. Hoover, President of Catalina Land Manager of Catalina Plaza, LLC, 3785 Airport Ro doNorth, Suite B-1, Naples, Florida 34105. 1 4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Vanderbilt Beach Road approximately one-quarter mile west of Collier Boulevard (unincorporated Collier County), Florida. B. The zoning classification of the subject property prior to the date of this approved Mixed Use PUD Document was Rural Agricultural. 1.5 PHYSICAL DESCRIPTION The Project site is located within the Harvey Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the Vanderbilt Canal. Natural ground elevation varies from 12.3 to 13.2 NGVD; average site elevation is about 12.6 NGVD. The entire site is located within FEMA Flood Zone "X"with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge south into the Vanderbilt Canal or discharge north into the Black Bear Ridge Subdivision water management system and eventual southerly discharge into the Vanderbilt Canal. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this Project including, but not limited to storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment and wetland hydrology maintenance Per the Natural Resource Conservation Service Soils Mapping for Collier County dated January 1990, the soil type found within the limits of the property is #2 — Holopaw Fine Sand, Limestone Substratum. Site vegetation consists predominantly of improved pasture grasses, except a narrow strip of native vegetation along the north property line which is pine- cypress-cabbage palm forest. 1.6 PROJECT DESCRIPTION The Carolina Village Mixed Use PUD is a project comprised of 15.88 acres designated for commercial and residential land uses and the commercial uses are limited to a maximum of 150,000 square feet of gross leasable area and the residential land uses are limited to a maximum of 64 dwelling units. All residential dwelling units shall be located in mixed-use buildings with commercial uses situated on at least the first floor. Commercial and residential land uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering. and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Carolina Village Mixed Use Planned Unit Development Ordinance". SECTION H • PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Carolina Village Mixed Use PUD shall be in accordance with the contents of this document, MPUD — Mixed Use Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the 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 graphic material presented depicting restrictions for the development of the Carolina Village Mixed Use PUD shall become part of the regulations, which govern the manner in which the MPUD site may be developed. D. Unless modified, waived or excepted by this MPUD the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this MPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 6.02 Adequate Public Facilities Requirements of the Collier County Land Development Code at the earliest. or next. to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES Commercial uses are limited to 15.88 acres with a maximum of 150,000 square feet of gross leasable area and residential uses are limited to a maximum of 64 _ dwelling units and must be located on the second and/or third floors of mixed- • use buildings with commercial uses on at least the first floor. Carolina Village Mixed Use PUD is intended to create a pedestrian-friendly atmosphere that encourages area residents to work and shop there and on-site workers to walk to other services, such as having lunch within the project The maximum of 64 residential units will not exceed a density of 4.03 units/per acre. The project is shown as 2 tracts. a "North Tract" located north of Carolina Way (the east-west roadway splitting the site) and a "South Tract" located south of Carolina Way The South Tract is expected to be more retail-oriented with a sit- down restaurant, a bank, and a few residential uses. The North Tract is expected to be more office and service-oriented. The North Tract will likely have both medical and professional offices and some residential uses. 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 MPUD, 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", 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 the property and the development of the land shall be in compliance with the PUD Master Plan, Division 4.03 Subdivision Design and Layout of the Land Development Code, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code. when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.02.03 prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 SALES/RENTAL/CONSTRUCTION FACILITIES Temporary sales/rental trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision S Plats, subject to the other requirements of Section 5.04.04 of the 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 10.02.13E. 2.7 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space. 7 S • SECTION III MIXED USE AREA PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Mixed Use Areas as shown on Exhibit "A", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated as Mixed Use Areas on the PUD Master Plan are intended to provide a variety of retail uses and office uses while providing for the opportunity of having residential uses on the second and/or third floor of mixed use buildings that have commercial uses on at least the first floor. Commercial Areas are limited to a maximum gross leasable area of 150,000 square feet and residential uses are limited to a maximum of 64 dwelling units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Commercial Principal Uses and Structures: 1. Amusement and Recreation Services (groups 7911. 7991, 7993 only for indoor video game arcade and indoor coin-operated amusement machine. 7999 only for bicycle rental, ice skating rink operation, indoor slot-car track and miniature golf course) 2. Apparel and Accessory Stores (groups 5611 - 5699). 3. Auto Supply Stores (group 5531 only for automobile accessory dealers and automobile parts dealers. limited to retail sales without any installation). 4. Automobile Parking (group 7521) 5. Paint. Glass. and Wallpaper Stores (group 5231). 6 Business Services (groups 7311 7313. 7322 - 7338. 7361, 7371 - 7379. 7384 7389 only for service of interior decorating/design maprnaking notary public. paralegal service, and Postal Service contract stations) 7. Depository and Non-Depository Institutions (groups 6021-6199). S 8. Eating Places (group 5812) and Drinking Places (group 5813 only S cocktail lounges and on-premise consumption of beer, wine and liquor, in conjunction with a restaurant.) Drinking Places are subject to the locational restrictions described in Section 2.6.10 of the Land Development Code. 9. Educational Services (groups 8211 -8231 (no regional libraries). 10. Food Stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5411 - 5499). 11. General Merchandise Stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5311 - 5399). 12. Health Services (groups 8011 —8049, 8082). 13. Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). 14. Insurance Carriers, Agents, Brokers, and Services with 5,000 square feet or less of gross floor area in the principal structure (groups 6311 - 6399, 6411). 15. Legal Services (group 8111). 5 16. Membership Organizations (groups 8611, 8621, 8641 - 8661). 17. Miscellaneous Repair (groups 7622, 7629, 7631, 7699 but only bicycle repair, camera repair, locksmiths, luggage repair, medical/ dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). 18. Miscellaneous Retail (groups 5912, 5921, 5932 (antiques only), 5941 - 5949, 5961, 5962, 5992 - 5999 (except auction rooms, awning shops, fireworks, gravestones, hot tubs, monuments, sales barns, swimming pools, tombstones and whirlpool baths). (The sale of swimming pool accessories and supplies is allowable under 5999. but not the sale of swimming pools.) 19. Motion Picture Theaters and Video Tape Rental (groups 7832 and 7841). 20, Museums and Art Galleries (group 8412). • 21. Personal Services (group 7212 dry-cleaning and laundry pickup • stations only, 7221 - 7291, 7299 (only car title and tag service, diet workshops, tuxedo rental, massage parlor, and tanning salon). 22. Professional Offices, Research, and Management Consulting Services (groups 8711 - 8743, 8748). 23. Public Administration (groups 9111 - 9199, 9229, 9311, 9411 — 9451, 9511 —9532, 9611 — 9661, 9221). 24. Real Estate Agents and Managers (groups 6512, 6531 -6552). 25. Security and Commodity Dealers (groups 6211 -6289) 26. Social Services (groups 8322 (only adult day care services, counseling services, and senior citizens associations), 8351). 27. Travel Agencies (group 4724). 28. Any other use which is comparable in nature with the foregoing list of permitted principal and the accessory uses by the Board of Zoning Appeals (BZA). B. Permitted Residential Principal Uses and Structures: • 1. Multi-family dwellings. 2. Any other use which is comparable in nature with the foregoing list of permitted principal and the accessory uses by the Board of Zoning Appeals (BZA). C. Accessory Commercial Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 2. Drinking Places (group 5813 only cocktail lounges and on-premise consumption of beer, wine, and liquor in conjunction with a restaurant.) 3. Caretaker's residences subject to Section 5.03.05 of the Collier County Land Development Code. D. Accessory Residential Uses: • 1. Customary residential accessory uses and structures including carports, garages, and storage buildings. • 2. Recreational,uses and facilities including swimming pools, hot tubs, volleyball courts, children's playground areas, tot lots, walking paths, picnic areas, clubhouse, verandahs, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Carports are permitted within parking areas. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Carolina Village Mixed Use PUD. Front yard setbacks in Table I shall be measured as follows: 1 If the parcel is served by a public or private right-of-way, the III setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. H • TABLE I • MIXED USE DEVELOPMENT STANDARDS STANDARDS COMMERCIAL USES RESIDENTIAL USES Minimum Lot Area 10.000 Sq. Ft. SCU on First Floor Minimum Lot Width 75'(1) SCU on First Floor Front Yard Setback 20 SCU on First Floor Side Yard Setback(21 1 Story 6' SCU on First Floor 2 Story 7 5' SCU on First Floor 3 Story 10. Rear Yard Setback SCU on First Floor Principal Structure 15' SCU on First Floor Accessory Structure 10' 10' PUD Boundary Setback Principal Structure BH BH Accessory Structure 10'or buffer width 10'or buffer width Lake Setback(3) 20'or 0' 20'or 0' Preserve Area Setback Principal Structure 25' 25' Accessory Structures or Other Site 10' 10' Alterations Distance Between Structures Main/Principal 1-Story to 1-Story 12' 12' 1-Story to 2-Story 13.5' 13.5' 410 2-Story to 2-Story 15' 15' 2-Story to 3-Story 17.5' 17.5' 3-Story to 3-Story 20' 20' Accessory Structures Same as principal structure Same as principal structure Maximum Height. 14) Retail Building 35'and 1 story NA Office Building 42'and 3 stories NA Mixed-Use Building(4) 45'and 3 stories 45'and 3 stories Accessory Building 35' 35' Minimum Floor Area 700 Sq. Ft. of principal structure 500 Sq. Ft q. per dwelling unit on first habitable floor (1) May be reduced on cul-de-sac lots and lots along the inside and outside of curved streets by 25% 12) Where fee simple lots are created for each building unit. no side yard shall be required between interior units of a unified principal structure.and the side yard shall be measured from the exterior wall(s) of the unified principal structure (3) Lake setbacks are measured from the control elevation established for the lake. Lake setbacks can be reduced from 20' to 0' where a stemwall bulkhead or pier is constructed and the requirements of Section 4 02 05 of the LDC are met (4) Retail uses are limited to the first floor of any building Residential uses are limited to the second and third floors of mixed-use buildings (structures with retail or office uses on the first floor and office or residential uses on the second and third floors) Note 'BH"refers to building height and"SCU" refers to same as the commercial use on the first floor of the mixed-use building the residential use is located in 1, B. Off-Street Parking and Loading Requirements: As required by Division 4.05 Off-Street Parking and Development Code in effect at the time of budding permit Loading of the Land g pt a ap pplication. Off site parking is permitted where a shared parking facility is located within 300 feet of the building requiring such parking. C. Buffering Requirements: A minimum twenty (20) foot wide Type "D" Buffer shall be provided along Vanderbilt Beach Road, with the landscaping as required in Section 4.06.02 of the Collier County Land Development Code. D. Commercial Design Standards The project shall meet the commercial design standards within Division 5.05.08 of the Collier County Land Development Code. E. Deviations 1 Deviation from Land Development Code de (LDC) Section 5.06.04A.6.a.- c in order to permit approximately half, of one double-faced sign a maximum of 8 feet in height and 64 square feet in area, located in a median in the road between the Wolf Creek PUD and the Carolina Village Mixed Use PUD (labeled Pristine Drive on Exhibit "A") and on the west side of the Carolina Village property line with the advertising limited exctLsively to no more than 3 residential developments within the abutting Wolf Creek PUD The proposed sign must meet all vehicular safety sight distance standards for Collier County and have a minimum 10-foot setback from the Vanderbilt Beach Road right-of- way, as described in Section 5.06.04A.6.a of the LDC. The proposed sign must be externally lighted and not internally lighted. This deviation allows a better quality sign to be constructed for the 3 residential projects, without having the sign looking out of balance if it were located solely on the western half of the median in the road, and also minimizes confusion for visitors and deliveries to the 3 residential projects. 3 • • SECTION IV PRESERVE AREA PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," PUD Master Plan, as may be amended pursuant to Section 5.3. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. • 4. Native preserves and wildlife sanctuaries. • SECTION V • DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shalt be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and alt applicable State and local laws, Codes, and regulations applicable to this MPUD, in effect at the time of building permit application Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Code shall apply to this project even if the land within the MPUD is not to be platted. The developer, his successor and assigns. shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this MPUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this 4) Agreement. 5.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval Subject to the provisions of Section 10 02 13E. of the Collier County Land Development Code. amendments may be made from time to time B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is expected to be completed in one (1) or two (2) phases. 5 • A. The landowners shall proceed and be governed according to the time • limits pursuant to Section 10.02.13D of the Land Development Code. The third anniversary date of this MPUD shall be computed from the earlier of October 1, 2007 or the substantial completion (new traffic lanes are open to traffic) of the 6-laning projects or both Collier Boulevard, between Immokalee Road and Golden Gate Boulevard, and Vanderbilt Beach Road, between Logan Boulevard and Collier Boulevard. B Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 4.03 Subdivision Design and Layout. 5.6 WATER MANAGEMENT • A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. B. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way Permit, and SFWMD Discharge Permit shall be submitted prior to Final Site Development Plan Approval. C. An Excavation Permit will be required for any proposed lake(s) in accordance with Collier County and SFWMD rules. D. Lake setbacks from the perimeter of the MPUD may be reduced to twenty-five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 5.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed. constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76. as amended, and other applicable County rules and regulations. 410 5.8 TRAFFIC A. All traffic control devices. signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards. current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC) 8. Arterial level street lighting must be provided at all development access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy. C. Access points. including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such PUD Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat subm'ssions. All such accesses shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-Range Transportation Plan The number of access points constructed may be less than the number depicted on the PUD Master Plan; however, no additional access points shall be considered unless a PUD Amendment is processed. D. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first Certificate of Occupancy. E. Road Impact Fees shall be paid in accordance with Collier County — Ordinance 01-13. as amended. F. All work within Collier County rights-of-way shall require a Right-of-Way Permit. G. All proposed mecian openings shall be in accordance with the Collier County Access Management Policy (Resolution 01-247). as amended. and the LDC. as it may be amended. Collier County reserves the right to modify or close any median openings 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 will the existence of a point of ingress. a point of egress or a median opening, nor the lack thereof shall be the basis for any future cause of action for damages against Collier County by the developer. its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments, with possible exceptions for Buckstone Drive and Pristine Drive, shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County right-of-way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. K. If in the sole opinion of Collier County, a traffic signal, or other traffic control device, 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 and by neighboring property owners within the shared road agreement, and shall be paid to Collier 411 County before the issuance of the first Certificate of Occupancy. L. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. M. The developer shall provide a copy of a shared road agreement for both Pristine Drive and Buckstone Drive and documentation showing that he has made any required "fair-share' payments on each prior to the issuance of the first Certificate of Occupancy. N. The project may commence construction of infrastructure, site work, and buildings upon receiving all applicable permits. however Certificates of Occupancy for any buildings shall not be issued until the earlier of October 1, 2007 or until the substantial completion (new traffic lanes are open to traffic) of the 6-laving projects of both Collier Boulevard, between Immokalee Road and Golden Gate Boulevard, and Vanderbilt Beach Road. between Logan Boulevard and Collier Boulevard, • 5.9 PLANNING A. Pursuant to Section 2.03.07E. of the Land Development Code, if during the course of site .clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.10 ENVIRONMENTAL A Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Staff. B. All conservation/preservation areas shall be designated as Preserve on all construction plans, and shall be recorded on the plat as a separate tract or easement with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve 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. Buffers shall be provided in accordance with Section 3.05 07 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas •shall be recorded as conservation/preservation tracts or easements dedicated to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes C. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. D. Any perimeter berms, shall be entirely outside of all upland and wetland preserve areas. E. A minimum of 0.17 acres of native vegetation shall be preserved on-site. including all 3 strata, and emphasizing the largest contiguous area possible. If created preserves will be used to make up any of the acreage, the landscape plans shall re-create the native plant community (in accordance with Section 3.05.07 of the Collier County Land Development Code) shall be submitted with the First Development Order submittal for review and approval. 19 • F. 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. G. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. H. This MPUD shall be consistent with the Environmental Section of the GMP Conservation and Coastal Management Element and the Land Development Code at the time of final development order approval. I. This MPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to Site Plan approval. J. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan/Construction Plan approval. 5.11 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a temporary construction site office or temporary sales/rental facility. 5.12 SIGNS Signs for this mixed use project shall be permitted as described in Section 5.06 of the Collier County Land Development Code. 5.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Chapter 4 of the Collier County Land Development Code in effect at the time of building permit application. 5.14 POLLING PLACES Pursuant to Section 4.07.06 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. _'t3 An agreement 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, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 21 Ate-solut leil 1 ' k 4ril ' 1 t t$ a; t _ W I II! y b Boulau 5 * � ' o pu I— _- s l gic ; si - t I �i 14011111;41111V6 'fill 1 niungli ,..,11,11! II! 1I1IIIIi!i!II!I! I, =r�extt4rd� i f D 15 hi' 11 11:i4111giiiillsIgiiiil T 1 I , _ - It1 E 86 . III : 5 1 I i f 6 s an riy c a»is _ h an(snip Aq uononasuoo iepun)woo eucns�i�n8 - — �ICli.11 ' q l --- .0—_, } r , — R g1J r~x 1 ! i• i ---- + < i - - std °'111k40 11 jjii ' U 1 I ^ #^� --ter•—� r2 sty 1I 1 . 1_�3 �}: W I 1 1 i t !; , 1: .*, it; Xl lini r t 1 11 1 i i 13 IL 1 ?' *d I t w 2 I !Of 6 f ri Eli MICR 1 w 3 . II! E de f * * 1 * a 1 1 iHIMill E 1 ii P - I w ,. a f li , i: $ ! A I *1' i / x ! 1 . a 2 31 I II I r 'ha i i 1 ' gli X g 11 i , 1:0 i ! § ;42 r-; ;If iii II li i li 1 ! , 1 iii! t i al, 11 Ii4 1s( : : -? a.�,�,, _ a Icy il t I It I : 0 0 .04 )...90 GW18l r' '— •fjjjT'a'. , - I III 11 i 6 Mk%opuo3 peuue� 1:F;t I il 11011h1 $ 141 1 t stet ❑fld_ o iI°M f- r L- t _ * v low t ; 1 1 5 0 p8 � � f b! C 1°x,1 i . : g is 1 r r i , t 16 , .,t, 1! --' Ward is l VJ ii, §Sg p P l'' • 1g h = � .} i .g� 11 8 ? g PI g ii. Ii t ry I ItiliP 8k t r » i Y II S _ 9 rill 0 gni IN 3 E ° .a_ a III 1 i V 3° ' Q� +y x;h F_Ed T a� 4 ' ' !tee (¢ fir I a I 0 ! } I ti 410 Exhibit "C" Carolina Village Legal Description THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 48 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA: LESS AND EXCEPT VANDERBILT BEACH ROAD RIGHT-OF-WAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA; THENCE RUN NORTH 89°46'10"WEST. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 1.322.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34: THENCE RUN NORTH 02°14'20"WEST,ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 145.13 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD. A 175 FOOT WIDE RIGHT-OF-WAY, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THENCE CONTINUE NORTH 02°14'20"WEST. ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34 FOR A DISTANCE OF 523.93 FEET TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF 7HE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, THENCE RUN NORTH 89°47'36"WEST. ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34. FOR A DISTANCE OF 1,322.04 FEET TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN SOUTH 02°13'26"EAST. ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 523.38 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD: THENCE RUN SOUTH 89°46'10"EAST. ALONG`HE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD, FOR A DISTANCE OF 1.322 20 FEET TO THE POINT OF BEGINNING: CONTAINING 15 879 ACRES MORE OR LESS • EXHIBIT "D • LOCATION MAP N W Il E IId S (1) PROPOSED If"; `�- RES/DEN T1AL o PUD WOLF CREEK Loop Rd. RESID. PUD WOLF CREEK MISSION o RESID. PUD o Subject Si HILLS 4o o�f//,7 /////// / ///////////// SHOPPING ////////// // l //////// 1 // a CENTER • VANDERBIL T BEACH RD. 1 . • IT "r - SURVEY •.ji.f.;„..„...1,-...ftie-,„.:::‘ Alel:'',:).:;,....7',;,;P•■• i'i, , - .,-- ;•' , .i. •N . ., ....,:r.::-ft:41.r:: •, ,.:-:..... ...;.,..,, , • -- -10 .,,," ' 11 .h , .:...„-:,i • L.' ! . I! d kil il .'.. •.,..1,f.:g' il I . + at iit'ailtri It li• I 1115111j it ' 1/a4 ' - -1111111 ,„ -lc tip 14 41 a . ii 1 i! 1 li 1 I il 1 Id ....??4,..1 u .g. •16,1141, a_wi _ li ; I gil 1. z i• 1E 14--, 1 . i 41 11111011411/2L11 .t 1 1 ;14: 1 1 11. 1 ID itilgiliql;le4 41 sq. L1141 la- ll '1 1 ; i 441 I i. I i 1 1 9 114iiii ;k1 I we ! I b 1 . v; 31 I • 11 i k I y Ilisitigi1115T!!° l•Iii l!intifillikk it ; i ; til i 1 1; I g I . A 1 A . ,II i II * III * iii ! ilitii 1 iri I. I 1 1 .1, .„.,,,,,,„1.1,1,1.._ .. L I I i -. il Ilk II t i 1.4 illidP, 4114119; Iii " 1 i 010 ad IlLsole,1**tialitif 't 111 1 J 11 zit —T mr CO 1 • ) 1 AL'Mr r ... MUER/01/1R9C,fa 1 . i b ; I I II -, •_ 1 , tti IN ■L--:.: 7-7- ..... i I 1 . .!::.. .• "r"'--- -."-- - - - ' : a pin•7t•y, 22,1•3 4, . . ."-. • :C1 liTiti 1 , ) iliAl,;IS 1 I . s te 1 4. I .1' 1 11 . - t , 1! •• i si 1 P 1; ){ ',-. • 1 1 • 1 1 . .,. - . i I! t • ---' 1— • .1 i I . : : •I i •1. • - ar 410 ,i 11 3illifillil •- 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 2005-19 Which was adopted by the Board of County Commissioners on the 26th day of April 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd • day of May, 2005. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Hoard.0 , i C/////////^��oyyyyunty Commissioners'' kkAA By: Ann Jennejob ,• •' Deputy Clerk' '4 Vim: . • S DE DAVIDSON • EXHIBIT C S 6 s ag _ ! iv=Ctt asie t li i=l8 i i . i IP _ I:11,16 A��A Ai L% 1'48 `� C�_�` NI! iii=y I ,il{ ; 11 a 8 < • ^Q a i6 ��' i • rt,rr_ 1 it i kite il Ott ; 1 e4i; wig idial I , leCE ec cf;': 11 =,'-•-!i Fil i (b. Li'rV ' ii111i' ,;a �i" 's'i�P= I. 14 = kl ie i k'1 1 gir L!4E Ie i°E�4. , ti zs 1 ;2F: i Ili ! at) :!t 1 g TL ! ';;M"/ 1 e a ;it a at d : .� g i # b 41 ! 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M } 1 0 .-.r. r xrt.,Y: t :,T.--.?,.,,w- ,n-•-..r.-,r,: DE DAVIDSON • EXHIBIT D i • • N < g▪ 6 o W N • A,N lbw 5tit94 0 o n i%ii ii-'r 6 71,14 3 WV 2 ¢ 6 ------ WW1 —i tlgz if 2) 4Wn7uY1B n3r�'a? .... 0 0 WI V V i{ j '0 viz u i r - 3 — 1. tan $t R #4lsone F. --!--- 2 4 I1-. x A 'R , _ s 2 i E Z 1 gg , _. 1 1-.--r ` "9L1 AVM M Y iI 94 ^ r • Q 4 1 ;v 21 i _ w i�''--°-1 lila, [ !,I ^ • ,Gta314aa11 Santa.mourns.. p. AYM w o �. x a ' � ; 31uM4 AAx59M c-c os.-x.0.a1-, v.-n-c a: 0 A g w=m „. -u`,0_,.. ti-1-1-x x, �r Y x-xl 0. 1-a- a; R. F-14 :14[t-w-fo-vann M1-N ii Pi i : — 0.4.: IS i f W-14 �-TW< SO-sl-11.1 �._ fl-[0 Serf MN 00-Kti' Sl w-cv m-n-ta-Tm co-C1-0 , ral MTl 141-xIX1d CDw1-1 �•I� • i ec-14 1�14-au 14.142-f IL sY-14 02-.-0l11 143149 in-os lei*-911-110 114-0-11 {.1 A p . nv-14 1-14-1,14-41-e 10-341 I 9 $---t,1 n ' S[SMOM I P . t1l j 1-'a . < N E. O r .0i IA. qs Mil1-t • N ' 014. ass si¢!� ° c w� rij'1iI'i1:i'7,� 10111.1 a; . A`b , k� ' a 11 ,10 rliarlo, 121 '.`' Iii 1I w s:r2s1[sAtaR 1 a�iti fir 'au a E: ) . a''• 'C ji a j(`\\'Y i O=. , ";"i A.. \4M a pmx;7:7i3 yv ASM r daA a i.1��`i :e - :I r111/11 1 0 , • ad:.'..•. - .1....._ ,.. . 4' ,, MSG !13111:111 ' DE • EXHIBIT F. • • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) zwcuo.RL2ol400022es I, Ralph Clare (print name),as Conked Purchaser (title,if applicable)of from FLR 7205 IL C and Maple Ridge Properties LL C.its general manager (company,If applicable),swear or affirm under oath,that I am the(choose one)owner applicant! ✓ contract purchaser! 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. We/I authorize(Wove V a+d+oiwashCampaniesFwlda,nc. 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.pros. or v.pies. • If the applicant is a Limited Liability Company(L,L.C.) or Limited Company(LC.), 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 stated in it are true. 10 j Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing in rume t was sworn to(or affirmed)and subscribed before me on 42-.0.1 /' (date)by -A t. b--(4)1 (name of person providing oath or affirmation), as who is personally known to me or wh•pas produced (type of identification)as identification. / STAMP/SEAL _. 1: -. �/4-9'C-E- ignatu = of Notary Public �'"'w''•. tORRAiNE A COOK *VINotary Public-Statts of Florida = My Comm.Expires Aug 3,2015 r Or Commission P EE 110552 • CP10S-COA-0o115U55 REV 3!14111 1 AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMEIERS(S) ZVLCU4P1.201i0002295 I, George vwrobrato h (print name),as Managing Registered Agent (title, if applicable)of FLP 7205,LLC (company, If a licable),swear or affirm under oath,that i am the(choose one)owner 0 applicantEcontract 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 Frsd•rikk E.Hood.MCP or oaNd•on Engineering.MC. 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.LC.) 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 411 use the appropriate format for that ownership. t Under naltie 'of perjury,I declare that I have read the foregoing Affidavit of Authorization and that the fa state In it are tr , r 'N c,f .,, ,,,,,>'� October 23.2014 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrume)r t was sworn to(or affirmed)and subscribed before me on /i': /5"1"' (date)by ''Z''Lr:' 1,V/cioied9/ / GL�-- (name of person providing oath or affirmation),as n, _:) _who is personally known to me or who has produced (type Of identification)as identification �.-- 2 / C-1% l 9f.-012-� e''e STAMPISEsAL / re of Notary Publ c .,�,��..ti4,i LORRAINE A COOK t" Notary Public•State of Florida "01 Comm Expires Aug 3,2015 Commission N EE 118552 • CP 01-COA-0O1151155 REV 3/24/14 Welsh Companies Florida, Inc. Commercial Real Estate Services • 2400 Ninth Street North, Suite 101 Naples, Florida 34103 239.261.4744 Fax 239 263.4142 www welshfl.com October 23,2014 Ray Bellows,AICP cjo In-Take Team Collier County Growth Management 2800 N Horseshoe Drive Naples,FL 34104 Mr.Bellows, As Agent for FLP 7205 LLC we are aware of,and consent to the ZVL-CUD request. • Re ds, -4106o.4 GeorgeIVukkovbratovich / i 4).- As Agent for Owner FLP 7205 • I DC • EXHIBIT F • AGREEMENT FOR PURCHASE AND SALE THIS AGREEMENT ("Contract") is made and entered into this -041 91 IN. o AY o.= ax ro Act 20H (the "Effective Date"), by and between FLP 7205, LLC, a 6 Florida limited liability company ("Seller"), and Ralph Cioffi, or permitted Assigns, ("Buyer"). In consideration of the mutual covenants and agreements hereinafter set forth, and for other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged,Seller and Buyer agree as follows: ARTICLE I THE PROPERTY L1 PROPERTY DESCRIPTION. Subject to the terms and provisions of this Contract, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, all of the property,both real and personal, located in the County of Collier, State of Florida, more particularly described as follows (all property and items listed in subsections 1.1.(a) through 1.1.(d), inclusive, are collectively referred to throughout this Contract as the "Property"): (a) That certain tract of real property which is located in Collier County, • Florida,and which is more particularly described on Exhibit"A"attached hereto and made a part hereof, together with all rights,privileges,tenements,hereditaments and appurtenances pertaining thereto (the"Land");the Land shall also be deemed to include all interest, if any, of Seller in(i) strips or gores,if any,between the Land and abutting properties,(ii)any land lying in or under the bed of any street, alley, road or right-of-way, opened or proposed, abutting or adjacent to the Land;and(iii) all buildings,structures and other improvements, if any, including, without limitation, all fixtures and landscaping, if any, now or hereafter situated upon the Land(the"Improvements"); (b) To the extent the following are owned by Seller, all existing improvements, equipment, and other items of personal property located on and used in connection with the Land as of the Effective Date; (c) Other Personal Property. To the extent Seller's interest is assignable, all of Seller's rights and interest in and to all plans and studies, if any, and without representation or warranty, pertaining to the Land or the designed Improvements, including the following: (A) Plans and Specifications: Seller's tights in and to any and all existing site plans, engineering plans, environmental studies, drawings and specifications pertaining to the Land and proposed Improvements constructed thereon; S Page 1 of 21 (B) Licenses and Permits: Seller's rights in and to any and all certificates of occupancy, licenses, permits, and other governmental approvals pertaining to the Land and Improvements and the use thereof; (C) Rents and Leases: All rights and entitlements of Seller, as Landlord, under and pursuant to all leases for all tenants and occupants of the Land (the "Leases"), and any security deposits, and prepaid rents (collectively, the "Prepaid Rents") held by Seller; (D) Service Contracts/Warranties: Any and all rights under any existing service contracts, maintenance contracts and warranties pertaining to the Land, Improvements, and Other Personal Property that are approved by Buyer (the "Service Contracts"); (E) Name: Seller's rights,if any,to the name"N/A";and (F) Appurtenances and Additional Interests; Any and all rights, entitlements and appurtenances to the Land, including, but not limited to, rights of ingress and egress; any and all air space rights and subsurface rights, mineral rights, riparian and littoral rights, together with all pertinent rights and interest pertaining to adjacent streets and roadways. (d) Easements. Any and all of Seller's rights in and to all easements, if any, • benefiting the Land or the Improvements. ARTICLE II PURCHASE PRICE 2.1 PURCHASE PRICE. The urchase rice for the Property shall be I . Dollars(the"Purchase Price"). 2.2. METHOD OF PAYMENT. The Purchase Price shall be paid by Buyer to Seller in the following manner:cash. (a) Deposit. Contemporaneously with the execution of this Contract by Buyer and Seller, Buyer shall deposit the sum of fifty thousand and 00/100 ($50,000.00) Dollars (the "Deposit")to be held by Welsh Companies Florida,Inc. ("Escrow Agent")in a non interest- bearing escrow account, until Closing or until disposed of as provided elsewhere in this Contract. The fifty thousand and 00/100 ($50,000.00) Dollar initial deposit shall be refundable during the sixty(60)day Investigation Period as set forth in Paragraph 3.6 below. Upon completion of the Investigation Period, the deposit becomes non-refundable. Escrow Agent acknowledges receipt of these Deposits, subject to Clearance of funds. At Closing (unless a delivery out of escrow specifically permitted in this Contract has previously occurred), the Deposit and all accrued interest shall be credited for the account of Buyer 411 Page 2 of 2] • toward the Purchase Price. This Contract shall serve as the escrow agreement and constitute instructions binding upon Escrow Agent,Buyer, and Seller,subject only to mutually agreed upon supplemental instructions executed by both Buyer and Seller in writing and delivered to Escrow Agent. (b) Additional Cash at Closing. At Closing, Buyer shall pay to Seller the remainder of the Purchase Price, _Dollars by a wire transfer on the Closing Date of c eared federal funds to the account of Escrow Agent; subject, however, to adjustments and proration as herein provided,and less accrued interest on the Deposit. 2.3 EXISTING MORTGAGES AND ESTOPPEL INFORMATION. If any mortgage(s) presently encumber(s) the Property, Seller shall satisfy or release any such mortgage(s)prior to or at Closing,and the necessary portion of the Purchase Price due Seller at Closing, or Seller's own funds from an independent source, shall be paid to the holder(s) of such mortgage(s) in order to satisfy or release such mortgage(s). Seller represents and warrants that any such mortgage(s) do(es) not contain any provision which would prohibit the satisfaction or release of such mortgage(s) at Closing. Not less than ten (10) days prior to Closing, Seller shall cause to be delivered to Buyer a written estoppel letter(s) from the holder of any such mortgage(s). The estoppel letter shall set forth and confirm the amount which will be required to be paid at Closing in order to satisfy or release such mortgage(s). • ARTICLE III TITLE.SURVEY,FEASIBILITY AND FINANCING 3.1 PERMITTED EXCEPTIONS. The Property shall be sold, and good and marketable title to it shall be conveyed,subject only to the following described matters(the "Permitted Exceptions"): (a) Real estate taxes for the year of Closing and subsequent years;and (b) Any title encumbrances or exceptions which are disclosed in the Title Commitment, or depicted on the Survey, to which Buyer does not object within the applicable Review Period as hereafter defined. 3.2. TITLE COMMITMENT AND SURVEY. (a) Seller shall provide Buyer with a copy of Seller's existing owner's title insurance policy applicable to the Property. Buyer may obtain, at Buyer's sole cost and expense, a title insurance commitment as referenced in Section 3.5. (b) Seller will,at its expense,deliver to Buyer the Seller's existing survey of the Property. Buyer may, at its sole cost and expense obtain within thirty (30) days of this Contract execution date, an up-to-date, as-built survey of the Land and all Improvements Page 3 of 21 situated thereon, prepared by a State of Florida licensed surveyor certified to Buyer, the Title Company, and to any lending institution Buyer may designate (the "Survey"). The Survey shall be in form and substance satisfactory to Buyer and its attorney, sufficient to delete the survey and unrecorded easement exceptions from the Title Commitment(defined below), and contain a certification as to acreage and flood elevation. If the Survey reveals an encroachment onto the Land, an improvement located on the Land projects onto lands of others, an improvement violates a zoning or other governmental use restriction, or an improvement violates any recorded covenant,or discloses any easements or encroachments affecting the Land, and Buyer deliveries written notice of the same to Seller prior to expiration of the Review Period, then said easement or encroachment shall be treated as a defect in title and the provisions of Section 3.4 of the Contract shall apply. Unless Buyer delivers written notice of any easement or encroachment within the Review Period, it shall be deemed that Buyer has accepted the Property subject to any easements or encroachments depicted on the Survey as affecting the Property; 3.3 PROPERTY INFORMATION. Seller will deliver within five(5)days of execution of this Agreement to Buyer copies of the following documents. All such documents are delivered without representation or warranty of any kind whatsoever. (a) Site plans and/or engineering water management plans; (b) All Service Contracts pertaining to the Property; (c) Complete copies of all Leases(if any); (d) Copies of all insurance policies insuring the Property, if separately insured by Seller;and (e) Location and availability of water, sewer, telephone, electric and other utility companies servicing the Property; (f) Seller's existing owner's and mortgagee title insurance policies,if any. (g) Copies of the most current survey of the Property in Seller's possession; (h) Copies of any prior environmental audit reports relating to the Property; (i) Declaration of Covenants, Conditions and Restrictions for Carolina Commons (including any amendments thereto) and the Articles of Incorporation,Bylaws,and Rules(including any amendments thereto)of Carolina Commons Owners' Association (the Commercial POA"),;and (j) Declaration of Condominium for Carolina Commons Land Condominium (including any amendments thereto) and the Articles of Incorporation,Bylaws, and Rules (including any amendments thereto)of Page 4of21 60); Sthe Carolina Commons Land Condominium Association, Inc. (the "Condominium Association"), Seller and Buyer will,by separate notice, list all documents that Seller has delivered to Buyer. In the event Buyer does not purchase the Property, for any reason whatsoever, Buyer shall immediately return all Property Information(and any copies of such information made by Buyer) to Seller and Escrow Agent shall not return the Deposit to Buyer, if Buyer is so entitled, until Escrow Agent receives written confirmation from Seller that Buyer has returned all of the Property Information. 3.4 OBJECTIONS TO TITLE. If the Title Commitment or Survey, shall reflect that Seller's title is subject to matters which are not acceptable to Buyer, in Buyer's sole discretion, Buyer shall notify Seller of Buyer's objections to the same in writing within thirty(30)days after the Effective Date (the"Review Period") and the same shall be treated as defect(s) in title. Unless Buyer delivers written notice to Seller of Buyer's objections to title prior to expiration of the Review Period, it shall be conclusively deemed that Buyer has accepted title to the Property in its then existing condition. Seller shall have thirty(30)days from and after receipt of Buyer's objections to cure any defect(s) in Seller's title. Seller shall use reasonable efforts in curing any such defect(s). A title objection shall be deemed cured if the Title Company is induced to remove the item objected to from the Title Commitment such that it no longer appears as an exception thereon. If Seller is unable to cure such title objection(s), then Seller shall notify Buyer in writing no later than two (2) • days after such thirty (30) day period, and Buyer shall have the option of terminating this Contract within five(5)days from receipt of such notice. If Buyer elects to so terminate this Contract pursuant to this section,this Contract shall terminate and be of no further force and effect,and neither of the parties hereto shall have any further obligations under this Contract and the Deposit, together with all accrued interest thereon, shall be promptly returned to Buyer. If Seller does not receive written notice from Buyer so terminating this Contract within such five(5)day period,Buyer shall be deemed to have accepted title subject to such title objection(s). 3.5 TITLE COMMITMENT. Buyer shall pay at Closing the cost of the owner's title insurance premium at the minimum rate promulgated by the Insurance Commissioner of the State of Florida for issuance of an owner's title insurance policy to be issued as described below. The Owner's Title Insurance Commitment (the "Title Commitment" or "Commitment") shall be issued by a nationally recognized commercial title underwriter through a title a&ent be determined (the "Title Company"). The Commitment shall (i) have appended thereto legible true copies of any and all documents referenced as exceptions to title in Schedule B-II thereof ("Exception Documents"), (ii) show and evidence that title to the Property is currently in the name of Seller, and (iii)show and evidence that title is good, marketable and insurable, subject only to the Permitted Exceptions. 3.6 FEASIBILITY AND INVESTIGATION STUDY PERIOD. Buyer shall have sixty(60)days from the Effective Date in which to conduct engineering,feasibility and such other studies and investigations concerning the Property as Buyer desires (the Page 5 of 21 1 "Investigation Period")during which time Buyer and its agents may review such matters as • they deem appropriate to determine the feasibility of the acquisition and development of the Property. During the Investigation Period, Buyer and its agents shall be provided with full access to the Property as deemed necessary by Buyer. Buyer and/or Buyer's designated agents may enter upon the Property for the purpose of soil analysis, core drilling, environmental examination and tests,or other studies,tests, examinations and investigations which may be deemed necessary by Buyer or Buyer's engineers. During the Investigation Period, Seller agrees to cooperate fully with Buyer in order that Buyer may obtain copies of all documents pertaining to the Property and the development thereof, including, but not limited to,plats, site plans, surveys,permits, licenses, approvals,developer agreements, and any other such instruments, papers and documents in Seller's possession or control, or of which Seller has knowledge, which in any way relate to the Property. If for any reason, Buyer determines in its sole and absolute discretion during the Investigation Period that the Property is not suitable for Buyer's intended use, then no later than the last day of the Investigation Period, Buyer shall notify Seller that it has elected not to proceed and thereupon the Deposit and all interest accrued thereon shall be immediately returned to Buyer, except the sum of Five Hundred and 00/100 ($500.00) Dollars, which shall be disbursed to Seller as a cancellation price (which cancellation price shall constitute liquidated damages and Seller's sole remedy in the event of any such termination), the parties shall thereafter be relieved of all liability under this Contract, and all documents delivered by Seller to Buyer will be returned to Seller within a reasonable period of time. If Buyer fails to provide to Seller the notice that Buyer has elected not to proceed within the Investigation Period, then Buyer shall be deemed to have elected to proceed and shall have no further right to terminate this Contract under this Section 3.6. In the event this Contract fails to close for any reason, to the extent Buyer's inspection of the Property has resulted in alterations of the Property,Buyer shall restore the Property to the condition existing prior to Buyer's inspection. Buyer agrees to indemnify and hold Seller harmless against any property damage or personal injury or claim of lien against any property damage or personal injury or claim of lien against the Property resulting from the activities permitted by this Section (including, without limitation, reasonable attorneys' fees and expenses paid or incurred by Seller during litigation, if any). Liability under the foregoing indemnity shall not be limited by any other provisions of this Contract. All inspections, tests,investigations and other activities carried on by Buyer pertaining to the Property shall be at Buyer's sole cost and expense. 3.7 DELIVERY OF INFORMATION. Notwithstanding any provision herein stating that the parties shall owe no further obligations subsequent to a termination of this Contract, in the event of a termination of this Contract by Buyer or Seller, the parties agree that all surveys, reports, test results, plans, studies, permits and financial audits concerning or relating to the Property and prepared during the term of this Agreement,that have been acquired or prepared by or are in the possession of Buyer (hereinafter referred to as the "Inspection Documents") shall become, at no cost to Seller, the property of Seller. The Inspection Documents shall be delivered to Seller within three (3) business days of the termination of this Contract by Buyer or Seller. The delivery of the Inspection Documents to Seller shall be without representation or warranty by Buyer regarding the accuracy or quality of the information contained in or on the Inspection Documents. In the event Buyer Page 6 of 21 • is entitled to a refund of the Deposit pursuant to any provision of this Contract, Escrow Agent shall retain the Deposit until Escrow Agent receives a certificate from Buyer stating that the Inspection Documents have been delivered to Seller. Upon receipt of such certificate from Buyer,Escrow Agent shall return the Deposit to Buyer. ARTICLE IV CONDITIONS 4.1 CONDITIONS PRECEDENT TO BUYER'S OBLIGATION TO CLOSE. Buyer's obligation to consummate the transaction contemplated hereunder is conditioned upon satisfaction of each of the following conditions at or prior to the Closing Date: (a) None of the representations and warranties of Seller set forth in this Contract shall be untrue or inaccurate in any material respect as of the Effective Date or as of the Closing Date; (b) Seller shall not be in default in any material respect with any of its agreements or obligations in the manner and within the periods provided herein;and (c) Buyer shall not have given written notice rightfully terminating this Contract within the appropriate periods of time specified for the same. ARTICLE V CLOSING 5.1 CLOSING AND CLOSING DATE. This transaction shall be closed and title to the Property conveyed from seller to Buyer by delivery of the fully executed Deed (defined below) and other closing documents, including,without limitation, those described below in Section 5.2, to Buyer from Seller at the offices of to be determined , or at such other place which Buyer and Seller shall mutually agree upon in writing,no more than thirty (30) days after the expiration of the Investigation Period, unless otherwise modified or extended in accordance with this Contract or mutually agreed upon in writing between Buyer and Seller(the"Closing"or"Closing Date"). :30"1, 0J sM1L8bF�E '5a 4 8—8— 5.2 CLOSING DOCUMENTATION. At Closing, Seller shall deliver to Buyer the following: (a) A good and sufficient special warranty deed (the"Deed"); (b) A non-foreign affidavit; (c)An owner's gap and construction lien affidavit; Page 7 of 2l (d) An appropriate bill of sale without warranty for all Tangible Personal 411 Property included in this transaction (if any); (e) Possession of the Property: (f) Such evidence of the authority and capacity of Seller and its representatives to execute and deliver this Contract and such other documents as may be required to consummate the transactions contemplated hereunder as the Title Company may reasonably determine; (g) All original Leases(if any);and (h) An assignment and assumption of all right,title,and interest in and to all Leases and Service Contracts which Buyer agrees prior to Closing to assume(if any). Seller shall indemnify Buyer against all claims, losses, and liabilities in connection with such Leases and Service Contracts accruing before the Closing Date or arising out of Seller's acts or omissions before the Closing Date. Buyer shall indemnify Seller against all claims, losses, and liabilities in connection with such Leases and Service Contracts accruing subsequent to the Closing Date or arising out of Buyer's acts or omissions subsequent to the Closing Date. 5.3 TENANT ESTOPPEL CERTIFICATES. Seller shall use its best efforts to deliver to Buyer on or before the Closing Date a completed and executed tenant estoppel certificate("Tenant Estoppel Certificate")from each of the tenants(if any). • 5.4 CONSIDERATION DELIVERY. At Closing, Buyer shall deliver to Seller the consideration required pursuant to Section 2.2 and execute the assignment and assumption of Leases and Service Contracts described in paragraph 5.2(h)above(if any). 5.5 REAL AND PERSONAL PROPERTY TAXES AND ASSESSMENTS. Apportionment of real and personal property taxes shall be made on the basis of the current year's tax with due allowance made for maximum allowable discount and exemptions if allowed for said year with Buyer charged with and entitled to the Closing Date. If Closing occurs at a date when the current year's taxes are not fixed but the current year's assessment is available, taxes will be apportioned based upon said assessment, and the prior year's millage. If the current year's assessment is not available at the time of Closing,then taxes will be apportioned on the basis of the prior year's tax bill. However,any tax apportionment based on an estimate shall be recalculated when the taxes are finally fixed, and Seller or Buyer, as the case may be, shall make payment to the other based on such recalculation. Certified, confined and ratified special assessment liens as of the Closing Date are to be paid by Seller. Pending liens as of the Closing Date shall be assumed by Buyer,provided, however, that where the improvement has been substantially completed as of the Closing Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at Closing,be charged an amount equal to the last estimate by the public body of the assessment for the improvement. If any refund of taxes or assessments is made after the Closing for a period prior to the Closing, the same shall be paid to Seller for the period to 411 Page 8 of 21 and including the Closing Date and to Buyer for the period commencing on the date after the Closing Date. 5.6 INCOME AND EXPENSES. Rent or fees shall be prorated(if any). 5.7 UTILITIES. Water, electricity, oil, trash, telephone, sewer and other utilities, if any, shall be prorated to the Closing Date, based on actual charges when final meter readings have been obtained or actual expenses determined. Seller, to the extent current readings are available, shall endeavor to furnish readings made on or immediately prior to the Closing Date. 5.8 SURVIVAL. Sections 5.4 through 5.6,inclusive,shall survive Closing. 5.9 EXPENSES. At Closing, Buyer shall pay Buyer's share of the prorations set forth in Sections 5.5 through 5.7 hereof; the cost of a title search and the Title Commitment and the premium for the owner's policy of title insurance;the Survey;the costs of Buyer's studies and investigations; any loan-related costs for any institutional loans procured by Buyer; the cost of recording the Deed; and Buyer's own attorney's fees incurred prior to any default by Seller. At Closing, Seller shall pay Seller's share of the prorations set forth in Sections 5.5 through 5.7 hereof; documentary stamps which are required to be affixed to the Deed; the cost of recording any corrective instruments; and Seller's own attorney's fees incurred prior to any default by Buyer. Except as otherwise II/ provided in this Section 5.9,all other expenses hereunder shall be paid by the party incurring such expense. 5.10 SECURITY DEPOSITS. At Closing, Seller shall deliver to Buyer the consideration required to represent all security deposits held by Seller(if any). ARTICLE VI REPRESENTATIONS AND WARRANTIES 6.1 SELLER'S REPRESENTATIONS AND WARRANTIES. Except for the representations and warranties in this Section 6.1 and 7.3, Seller makes no representations or warranties to Buyer. Seller hereby represents and warrants to Buyer that as of the Effective Date and as of the Closing: (a) Seller has been duly organized and is a validly existing entity under the laws of its state of formation; (b) Seller has obtained all consents,approvals, and authorizations necessary to execute this Contract and to consummate the transaction contemplated hereby, and all documents referred to herein will be validly executed and delivered and binding upon Seller; and • Page 9 of 21 �1 (c) After the Effective Date and until Closing,the Property shall be operated 411 in accordance with reasonable and prudent business procedures and standards (but in no event shall a higher standard of care than is currently being followed be required). 6.2 BUYER'S COVENANTS AND REPRESENTATIONS. Buyer hereby represents and warrants to Seller that: (a) Buyer has been duly organized and is a validly existing entity under the laws of its state of formation;and (b) Buyer has obtained all consents,approvals or authorizations necessary to execute this Contract and to consummate the transaction contemplated hereby, and all documents referred to herein will be validly executed and delivered and binding upon Buyer. (c) By closing on the Property, Buyer shall be deemed to have acknowledged that Seller conveyed the property in AS IS, WHERE 1S condition and that Buyer relied solely upon its own inspections and due diligence to determine the condition and suitability of the Property for Buyer's purposes. Buyer acknowledges that Buyer has not relied, and is not relying, upon any information, document, sales brochures or other literature,maps or sketches,projections,proforma statements,representations,guarantees or warranties (whether express or implied, oral or written, or material or immaterial)that may have been given by or made by or on behalf of Seller. Furthermore, any surveys,reports or • other materials supplied to Buyer or otherwise made available for Buyer's review are done so with the express acknowledgment and agreement of Buyer, evidenced hereby, that Seller makes no representations or warranties of the accuracy, comprehensiveness, or validity of such materials. ARTICLE VII INTERIM COVENANTS 7.1 INTERIM COVENANTS OF SELLER. Seller hereby covenants with Buyer that between the Effective Date of this Contract and the Closing Date: (a) Seller will not, without Buyer's prior written consent (which consent may not be unreasonably withheld) create or suffer the creation of any encumbrance on the Property, nor will Seller accept any additional advance under any existing mortgage on the Property unless Seller shall have the ability to obtain a release of such mortgage from the Property by the time of Closing. For the purposes of this provision,the term"encumbrance, encroachment,right-of-way, lease,easement,covenant,condition or restriction. In the event Seller encumbers or suffers to be further encumbered the Property in contravention of this Subsection 7.1(a), such encumbrance shall be eliminated by Seller at or before Closing by payment of any amount necessary from the Closing proceeds or otherwise; S Page 10 of 21 +et' • (b) Buyer and its agents and representatives shall be entitled to enter upon the Property for inspection and examination; provided, however, that no such examination or inspection shall be deemed to constitute a waiver or relinquishment on the part of Buyer of its rights to rely on the covenants,representations, warranties or agreements contained in this Contract, and provided further that Buyer shall not materially interfere with the operations of Seller or of Seller's guests or tenants on the Property; (c) Seller will reasonably cooperate with Buyer in effecting the transactions contemplated hereby and Seller will make all of its records which bear on this transaction available to Buyer at reasonable times;and (d) All risks of loss shall be borne by Seller until acceptance by Buyer of delivery of Seller's Deed at the Closing. 7.2 OPERATION AND MAINTENANCE OF THE LAND. Seller covenants that between the Effective Date and the Closing Date it will maintain the Property in good repair and in the same condition as it is on the Effective Date and shall continue to operate and manage the Property as it is currently being operated (but in no event shall a higher standard of care than is currently being followed be required); Seller shall not enter into any additional leases or contracts pertaining to the Property without Buyer's prior written consent, which Buyer agrees not to unreasonably withhold. Seller will not be required during such period to make any capital improvements in the Property. 73 LEASES. RENTS AND TENANTS. Seller represents and warrants to Buyer that to the best of Seller's knowledge without any independent investigation; (a) There are no leases,tenancies, concessions, rentals or other agreements in force and effect covering the use and occupancy of space in the Property other than those listed in this Contract and that no person,firm or corporation has any right,title or interest in possession of any part of the Property as tenant, lessee or concessionaire, except as expressly provided in the Leases; (b) Seller shall not enter into any extensions or renewals of existing or expired Leases, nor enter into any new leases,without Buyer's prior written consent,which consent will not be unreasonably withheld or delayed. (c) As of the date hereof, Seller has not executed a lease for any portion of the Property and Seller has not modified, extended or renewed any lease existing as of the date Seller acquired legal title to the Property. ARTICLE VIII CASUALTY AND CONDEMNATION 8.1 CONDEMNATION. In the event of the institution against the Property, • Seller, or the record owner of the Property of any proceedings,judicial, administrative or Page 11 of 21 otherwise, relating to the taking, or to a proposed taking of any portion of the Property by eminent domain, condemnation or otherwise prior to Closing,then Seller shall notify Buyer promptly and Buyer shall have the option, in its sole and absolute discretion of either of(a) terminating this Contract and obtaining a return of the Deposit and all interest accrued thereon; or (b) closing in accordance with the terms of this Contract but at such Closing Seller shall assign to Buyer all of its right, title and interest in and to any net awards that have been or may be made with respect to such eminent domain proceeding or condemnation. Buyer shall notify Seller within ten (10) days after Buyer receives notice of the condemnation action whether Buyer elects option (a)or(b) above. In the absence of an election by Buyer,Buyer shall be deemed to have elected option (b). 8.2 CASUALTY TO PROPERTY. Seller agrees to give Buyer prompt notice of any fire, sinkhole, or other casualty affecting the Property or any portion thereof between the date hereof and the Date of Closing. If prior to the Closing there shall occur fire, sinkhole or other casualty to all or any portion of the Property which would interfere with the contemplated use thereof by Buyer, then, in such event, Buyer may at its option terminate this Contract by notice to Seller within ten (10) days after Buyer has received the notice referred to above and in the event of such termination the Deposit and all interest accrued thereon shall be promptly returned to Buyer. If Buyer does not so elect to terminate this Contract, then the Closing shall take place as provided herein without abatement of the Purchase Price, and there shall be assigned to Buyer at the Closing all interest of Seller in and to any insurance proceeds resulting or to result therefrom which may be payable to Seller on account of such occurrence. If prior to Closing there shall occur fire or sinkhole or other casualty to a portion of the Property which would not materially interfere with the contemplated use thereof by Buyer, then, in such event, Buyer shall have no right to terminate its obligations under this Contract,but Seller shall repair,prior to the Closing, all damage resulting therefrom, or, at Buyer's option, there shall be assigned to Buyer at Closing all interest of Seller in and to any insurance proceeds resulting or to result therefrom which may be payable to Seller on account of any such occurrence and the Purchase Price shall be reduced in direct proportion to such portion of the Property as is rendered unfit for Buyer's contemplated use. ARTICLE IX TERMINATION AND DEFAULT 9.1 PERMITTED TERMINATION. If this Contract is terminated by either party pursuant to a right expressly given it to do so hereunder (herein referred to as a "Permitted Termination"), then, except as otherwise provided, the Deposit and all interest accrued thereon shall immediately be returned to Buyer and neither party shall have any further rights or obligations hereunder. 9.2 DEFAULT BY BUYER. If Buyer defaults in the performance of any of Buyer's obligations, covenants or agreements contained in this Contract, for any reason other than a default by Seller or a Permitted Termination hereunder, then, upon Seller's demand and after Seller has notified Buyer of Seller's termination of this Contract, Seller Page 12 of 21 • shall be entitled, as Seller's sole and exclusive remedy, to receive the Deposit and all accrued interest from Escrow Agent, as agreed upon and liquidated damages on account of such breach by Buyer (it being understood and agreed by both Buyer and Seller that such amount is a fair and reasonable measure of the damages to be suffered by Seller in the event of such default, the exact amount thereof being difficult, inconvenient, uncertain to determine and incapable of ascertainment), whereupon both Buyer and Seller shall be relieved from any further obligations or liabilities arising under or out of this Contract. The provisions of this Section 9.2 shall specifically survive the termination of this Contract. 9.3 DEFAULT BY SELLER. In the event of a breach or default by Seller pursuant to any of the terms of this Contract,Buyer may elect to terminate this Contract and receive a refund of the Deposit, including any interest thereon, or enforce specific performance of this Contract. Buyer hereby acknowledges and agrees with Seller that the terms of this paragraph shall constitute Buyer's sole and exclusive rights and remedies in the event of a breach or default hereunder by Seller, and Buyer hereby irrevocably waives and relinquishes any and all other rights, in equity or at law, which it might otherwise have against Seller in connection with any such breach or default (including without limitation the right to claim or receive any other damages whatsoever). ARTICLE X MISCELLANEOUS 10.1 BROKER. Buyer and Seller represent and warrant to each other that they have entered into this Contract with the services of Welsh Companies Florida, Inc., George Vukobratovich,its broker.The Buyer and Seller acknowledge that George Vukobratovich is a licensed Real Estate Broker. Buyer and Seller acknowledge that a commission is to be paid by Seller, at closing. In the event of any claim(s) by any person or firm for a finder's fee or brokerage commission arising out of this Contract, Seller and Buyer hereby agree to indemnify and hold the other harmless from any and all losses, damages, costs and expenses,including but not limited to, attorneys' fees and related disbursement through trial and on appeal, incurred in connection with such claim(s). The provisions of this Section 10.1 shall specifically survive the Closing. 10.2 ENTRY UPON THE PROPERTY. Unless and until this Contract is terminated,Buyer shall have the right to enter upon the Property, or to cause others to enter upon the Property, prior to the Closing in order to perform or cause to be performed soil tests, surveying and engineering studies and examinations or to otherwise view and inspect the Property. Any such entry shall be performed in such a manner so as to not cause damage to the Property. In the event this Contract is terminated, the right of entry granted hereby shall likewise be terminated, and, upon request, Buyer shall deliver to Seller an affidavit attesting to the absence of any claims of lien or potential claims by lienors employed or contracted by Buyer to perform any work or inspections upon or related to the Property and that person(s)so employed or contracted with Buyer in that regard have been paid in full. • Page 13 of 21 10.3 COUNTERPARTS. This Contract may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures by facsimile transmission of this Contract shall be acceptable and binding upon both parties. 10.4 MEMORANDUM OF CONTRACT. Neither this Contract nor a memorandum of this Contract shall be recorded in the public records. 10.5 ATTORNEYS' FEES AND COSTS. if any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of the Contract,the prevailing party shall be entitled to recover reasonable paralegal and attorneys' fees and other costs incurred in that action or proceeding,including those related to appeals, in addition to any other relief to which it or they may be entitled. 10.6 NOTICES. All notices, demands, requests or other communications made pursuant to,under or by virtue of this Contract must be in writing and either hand-delivered, delivered by overnight courier or e-mail or facsimile transmission, or mailed through the United States Postal Service by certified or registered mail, return receipt requested, to the party to which the notice,demand,request or communication is being made,as follows: To Seller: FLP 7205,LLC • Jake Stephens,as authorized agent do Welsh Companies Florida,Inc. 2400 Ninth Street North,Suite#101 Naples,FL 34103 jakes@kabu.net With Copy to: Coleman Yovanovich Koester do Greg L.Urbancic,Esq. 4001 Tamiami Trail North,Suite#300 Naples,FL 34103 gurbancic@cyklawfirm.com To Buyer: Mr.Ralph Cioffi rrcioffi0,gmail.com or to such other address as may be hereafter designated by either Buyer or Seller by giving notice to the other party. Any notice demand, request or other communication shall be deemed to be given upon actual receipt in the case of hand-delivery, facsimile or e-mail transmission, or delivery by overnight courier,or four(4) business days after depositing the same in a letter box or by other means placed within the possession of the United States • Page 14 of 21 Postal Service, properly addressed to the party in accordance with the foregoing and with the proper amount of postage affixed thereto. In the event of any notice via e-mail or facsimile transmission, a hard copy shall be sent via certified mail, return receipt requested, on the day of such transmission. Any such transmission received after 5:00 p.m., Eastern Standard Time,shall be deemed to have been given on the next following business day. For purposes of delivering and receiving any notices, demands, requests or other communications under this Contract,the attorneys for Buyer may directly contact Seller and the attorneys for Seller may directly contact Buyer. The respective attorneys for both Seller and Buyer are hereby expressly authorized to give any notice, demand, request or to make any other communication pursuant to the terms of this Contract on behalf of their respective clients. 10.7 INTEGRATION. This Contract contains all of the terms agreed upon between the parties with respect to the subject matter hereof, and is the complete, final, exclusive and entire understanding between Buyer and Seller with respect to the purchase and sale of the Property, and supersedes all previous contracts, agreements, and understandings of the parties, either oral or written,relating to the Property. 10.8 AMENDMENTS. This Contract may not be changed, modified or terminated, except by an instrument executed by the parties hereto. 10.9 WAIVER. No waiver by Buyer or Seller of any failure or refusal to • comply with obligations of any other party shall be deemed a waiver of any other or subsequent failure or refusal to so comply. 10.10 SUCCESSORS AND ASSIGNS. The provisions of this Contract shall inure to the benefit of, and shall bind, the heirs, executors, administrators, successors and assigns of the respective parties. 10.11 PARTIAL INVALIDITY. If any term or provision of this Contract or the application thereof to any person or circumstances shall,to any extent,be declared invalid or unenforceable by a court of competent jurisdiction, the remainder of this Contract, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Contract and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Contract shall be valid and be enforced to the fullest extent permitted by law. 10.12 GOVERNING LAW. This Contract shall be construed and enforced in accordance with the laws of the State of Florida, exclusive of choice of law rules, and this Contract shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties,it being recognized that both Buyer and Seller have contributed substantially and materially to the negotiation and preparation of this Contract. The obligations of the parties are performable i Page 15 of 21 and venue for any legal action'arising out of this Contract shall exclusively lie in Collier County,Florida. 10.13 ASSIGNMENT. Buyer may assign this Contract to an entity it controls in Buyer's sole and exclusive discretion. Unless otherwise agreed in writing by Seller,no such assignment shall relieve Buyer of his duties,liabilities and obligations hereunder. 10.14 HEADINGS: PLURAL AND SINGULAR. The headings which have been used throughout this contract have been inserted for convenience of reference only and do not constitute matter to be construed in interpreting this Contract. Words of any gender used in this Contract shall be held and construed to include any other gender and words in the singular shall be held and construed to include the plural, and vice versa, unless the context requires otherwise. The words "herein", "hereof', "hereunder" and other similar compounds of the word "here" when used in this Contract shall refer to the entire Contract, and not to any particular provision or section. If the last day of any time period stated herein shall fall on a Saturday, Sunday, legal or banking holiday, then the duration of such time period shall be extended so that it shall end on the next succeeding day which is not a Saturday, Sunday, legal or banking holiday. The term "business day" shall mean any day other than a Saturday,Sunday,legal or banking holiday. 10.16 LIMITATION OF ESCROW AGENT'S LIABILITY. Escrow Agent shall not be responsible for any defaults hereunder by any party. Escrow Agent may consult • with counsel of its own choice and shall have full and complete authorization and protection for any action taken or suffered by Escrow Agent hereunder in good faith and in accordance with the opinion of such counsel. In the event of any actual or potential dispute as to the rights of the parties hereto under this Contract,the Escrow Agent may in its sole discretion, continue to hold the Deposit until the parties mutually agree to the release thereof,or until a judgment of a court of competent jurisdiction shall determine the rights of the parties thereto,or it may deposit any monies and all instruments held pursuant to this Contract with the Clerk of the Court, Collier County, Florida, and upon notifying all parties concerned of such action, all liability on the part of the Escrow Agent shall fully terminate, except to the extent of an account of any monies theretofore delivered out of escrow. In the event of any suit between Seller and Buyer wherein the Escrow Agent is made a party by virtue of acting as such Escrow Agent hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject matter of this escrow, the Escrow Agent shall be entitled to recover a reasonable attorney's fee and costs incurred, said fees and costs to be charged and assessed as court costs in favor of the prevailing party. All parties agree that Escrow Agent shall not be liable to any party or person whomsoever for any action taken or omitted by Escrow Agent, including but not limited to, any misdelivery of monies or instruments subject to this escrow,unless such misdelivery shall be due to willful breach in bad faith of this Contract or gross negligence on the part of the Escrow Agent. 10.17 JOINT INDEMNIFICATION OF ESCROW AGENT. Buyer and Seller hereby agree,jointly and severally, to indemnify Escrow Agent and hold it harmless from any and all claims, liabilities, losses, actions, suits or proceedings at law or in equity, 110 Page 16 of 21 r4} • or any other expense or fee with which Escrow Agent may be threatened by reason of acting as Escrow Agent against any and all expenses, including attorneys' fees and costs of defending any action, suit or proceeding or resisting any claim. Escrow Agent shall be vested with a lien on all property deposited hereunder for indemnification, for attorneys' fees, court costs regarding any suit, interpleader or otherwise, or any other expense, fee or charge of any character or nature, which may be incurred by Escrow Agent by reason of disputes arising between Buyer and Seller as to the correct interpretation of this Contract and instructions given to Escrow Agent. Regardless of anything to the contrary contained in any provision of this Contract, Escrow Agent may hold the Deposit until and unless said additional expenses,fees and charges shall be fully paid. All of the terms and conditions in connection with Escrow Agent's duties and responsibilities and the rights of Seller, Buyer and any lender or anyone else,are contained in this instrument, and the Escrow Agent is not required to be familiar with the provisions of any other instrument or agreement, and shall not be charged with any responsibility or liability in connection with the observance or non- observance by anyone of the provisions of any other such instrument or agreement. Escrow Agent may rely and shall be protected in acting upon any paper or other document which may be submitted to Escrow Agent in connection with its duties hereunder and which is believed by Escrow Agent to be genuine and to have been signed or presented by the proper party or parties and shall have no liability or responsibility which respect of the form, execution or validity thereof. Escrow Agent shall not be required to institute or defend any action or legal process involving any matter referred to herein which in any manner affects it or Escrow Agent's duties or liabilities hereunder unless or until required to do so by Buyer • or Seller, and then only upon receiving full indemnity in an amount and of such character as Escrow Agent shall require,against any and all claims, liabilities,judgments,attorneys' fees and other expenses of every kind in relation thereto, except in the case of Escrow Agent's own willful misconduct or gross negligence. Escrow Agent shall not be bound in any way or affected by any notice of any modification, cancellation, abrogation or rescission of this Contract, or any fact or circumstance affecting or alleged to affect the rights or liabilities of any other persons, unless Escrow Agent has received written notice satisfactory to Escrow Agent signed by all parties to this Contract. 10.18 ESCROW AGENT RESIGNATION AND REPLACEMENT. Escrow Agent may resign upon ten (10) days written notice to the parties to this Contract. If a successor Escrow Agent is not appointed within said ten (I)day period,Escrow Agent may petition the appropriate court to name a successor. 10.19 FURTHER ACTS. In addition to the acts recited in this Contract to be performed by Seller and Buyer, Seller and Buyer agree to perform or cause to be performed at the Closing or after the Closing any and all such further acts as may be reasonably necessary to consummate the transaction contemplated hereby. 10.20 DEFINITION OF OFFER AND ACCEPTANCE. Execution of this Contract by Buyer shall constitute an offer to purchase the Property on the terms and conditions set forth in this Contract subject to acceptance of Seller. S Page 17 of 21 10.21 EXPIRATION, The offer of Buyer extended by the delivery of this • Contract to Seller shall be automatically revoked unless Seller shall execute this Contract and deliver an executed copy of the same to Buyer at or before 5:00 p.m., on October 10, 2014. 10.22 IRC SECTION 1031 EXCHANGE. Buyer and Seller hereby acknowledge that either or both parties may seek to effectuate a tax deferred exchange of properties within the meaning of Section 1031 of the Internal Revenue Code, including without limitation, a "reverse" 1031 exchange. The parties hereto agree to reasonably cooperate with the other to effectuate a tax free exchange, including executing documentation consenting to such exchange,provided that(i)the party seeking such tax free exchange shall bear any and all additional liability,cost and/or expense associated with such tax free exchange; (ii) there is no additional delay in Closing; and (iii) the exchanger is not released from liability under this Contract. (Remainder of Page Intentionally Left Blank. Signatures Begin on Next Page.) S Page 18 of 21 0 IN WITNESS WHEREOF, the Contract has been duly executed by the parties hereto as of the day and year set forth below. SIGNED, SEALED AND DELIVERED BUYER: IN THE PRESENCE OF: oo Ralph Cioffi --../-- -...I Dated: Q -- Z R \.',C !" . - / SELLER: FLP 7205,LLC, a Florida limited liability company SIGNED,SEALED AND DELIVERED By: Maple Ridge Properties,LLC, IN THE PRESENCE OF: a Florida limited liability company, P its Manager A� t ip, By: �.. Jake Step ens,Authorized Agent • ,— . - ' / /� Dated: 06.1v N-,-- 9' 00/ i/ �` Receipt of the Initial Deposit is acknowledged by check subject to clearance of funds, this O24.1 day of Sf P rr A Kt&_ . 204, to be held in escrow per terms and conditions set forth in this Contract. WELSH ('( r P NIES hLOR IDA,INC. '`I w ! -p By:__ t k G-•rge Vukobratovich • Page 19 of 21 EXHIBIT"A" PARCEL A: Units 1,2,3 and 4 CAROLINA COMMONS LAND CONDOMINIUM, a condominium, according to the Declaration of Condominium and Plat thereof as recorded in Official Records Book 4246, Page 3729 thereafter amended,of the Public Records Collier County,Florida. PARCEL B: Tract 2 of CAROLINA COMMONS, as per plat thereof recorded in Plat Book 48, Page 78, of the Public Records Collier County, Florida. Property Appraiser's Parcel 11) Numbers: 25525600520, 25525600546, 25525600562, 25525600588, and 25525600041 • 1111 Page 20 of 21 0 . ,.._ 1 ., .',; ,"m 4i b ,-..-,7,‘,--)L:. , , .i;4..,: DIM i'gli :,..:44.-,;:vi-. s-,.. 1,-,-kr, -,1 6 I art mit l wi, 1,. N k< f 1i. ...wl.ir» 1 • 1 -""�"' xrra _ • �I�yl ti 'l III.• ;: ; 1 . ,, ,,., to I . , , lb i t7. , "i /ti ! ' - f 1! 4� t i .. 1 j E. j • ::,,, . . .4 4 t ',,...2.:::1 i i; 1 r i` L rs.! I t 11 ;� ! ..1` a I , P ,, ' I II I i ..! '' 1 4 .yLe:). Iii , y, „ i 41 t ' t . !1 11 iii — id; ,�---ti«.LL_ , JP i I i 4 ..,.� ..I n it 1 0 la=mt I . Page 21 of 21